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2022-12-20 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 20, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton (4:37 PM) Councilman Brad Hoaglun ABSENT Councilman Treg Bernt Mayor Robert E. Simison ADOPTION OF AGENDA Adopted as Amended (Item 13 vacated) CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilwoman Strader, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 1. Approve Minutes of the December 6, 2022 City Council Work Session Meeting 2. Approve Minutes of the December 6, 2022 City Council Regular Meeting 3. Request for Contingent Approval of Beer and Wine License for The Happy Hour Homemaker, located at 132 E. Idaho Ave. 4. Acceptance of Withdraw of Land Use Application (H-2022-0051), Klein Huis at Victory and Meridian 5. Final Order for Gander Creek South No. 3 (FP-2022-0026) by Kent Brown Planning Services, generally located south of W. McMillan Rd. on the south side of the Five Mile Creek, west of N. McDermott Rd. 6. Final Order for Prescott Ridge Subdivision No. 3 (FP-2022-0033) by KM Engineering, LLP., located at the west side of N. Rustic Oak Way, approximately 1/4 mile south of W. Chinden Blvd./State Highway 20-26 7. Findings of Facts, Conclusions of Law for Prairiefire Subdivision (H-2022-0053) by Patrick Conner, located at 3539 N. Locust Grove. Rd., near the northwest corner of E. Ustick Rd. and N. Locust Grove Rd. 8. Findings of Facts, Conclusions of Law for McDermott Village (H-2022-0056) by Boise Hunter Homes, located at 3235 N. McDermott Rd., at the northwest corner of W. Ustick Rd. and N. McDermott Rd. 9. Findings of Facts, Conclusions of Law for McDermott Village Variance (VAR-2022- 0004) by Boise Hunter Homes, located at 3235 N. McDermott Rd., at the northwest corner of W. Ustick Rd. and N. McDermott Rd. 10. Findings of Facts, Conclusions of Law for Turin Plaza (H-2022-0063) by 12.15 Design, located at 3169 W. Belltower Dr. 11. Findings of Facts, Conclusions of Law for Turin Plaza (SHP-2022-0013) by 12.15 Design, located at 3169 Belltower Dr. 12. Findings of Facts, Conclusions of Law for West Valley Emergency Center (H-2022- 0065) by Fulmer Lucas Engineering, LLC., located at the Southwest Corner of N. Levi Ln. and N. Rustic Oak Way 13. Fiscal Year 2023 Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 14. Community Development: Analysis of Housing Code ADJOURNMENT 6:09 PM Meridian City Council Work Session December 20, 2022. A Meeting of the Meridian City Council was called to order at 4:35 p.m., Tuesday, December 20, 2022, by President Brad Hoaglun. Members Present: Joe Borton, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Robert Simison and Treg Bernt. Also present: Chris Johnson, Bill Nary, Caleb Hood, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton (4:37 p.m.) _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X_ Luke Cavener X_ Mayor Robert E. Simison Hoaglun: All right. Well, Council, let's call this Council work session to order. Today is Tuesday, December 20th. It's 4:35 p.m. and at this time, Mr. Clerk, would you, please, call the roll. ADOPTION OF AGENDA Hoaglun: Our next item on the agenda is adoption of the agenda. Strader: Mr. President? Hoaglun: Yes, Council Woman Strader. Strader: It looks like we need to vacate Item 13 and with that I move that we adopt the agenda. Hoaglun: Do we have a second? Council Woman Perreault. Perreault: Mr. President. If I can get my microphone to work. Yes. Second that motion. Hoaglun: We have a motion to adopt the agenda as published with the vacation of Item 13. All those in favor of adopting the agenda, please, say aye. Any opposed? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] Meridian City Council Work Session December 20,2022 Page 2 of 33 1. Approve Minutes of the December 6, 2022 City Council Work Session Meeting 2. Approve Minutes of the December 6, 2022 City Council Regular Meeting 3. Request for Contingent Approval of Beer and Wine License for The Happy Hour Homemaker, located at 132 E. Idaho Ave. 4. Acceptance of Withdraw of Land Use Application (H-2022-0051), Klein Huis at Victory and Meridian 5. Final Order for Gander Creek South No. 3 (FP-2022-0026) by Kent Brown Planning Services, generally located south of W. McMillan Rd. on the south side of the Five Mile Creek, west of N. McDermott Rd. 6. Final Order for Prescott Ridge Subdivision No. 3 (FP-2022-0033) by KM Engineering, LLP., located at the west side of N. Rustic Oak Way, approximately 1/4 mile south of W. Chinden Blvd./State Highway 20-26 7. Findings of Facts, Conclusions of Law for Prairiefire Subdivision (H- 2022-0053) by Patrick Conner, located at 3539 N. Locust Grove. Rd., near the northwest corner of E. Ustick Rd. and N. Locust Grove Rd. 8. Findings of Facts, Conclusions of Law for McDermott Village (H-2022- 0056) by Boise Hunter Homes, located at 3235 N. McDermott Rd., at the northwest corner of W. Ustick Rd. and N. McDermott Rd. 9. Findings of Facts, Conclusions of Law for McDermott Village Variance (VAR-2022-0004) by Boise Hunter Homes, located at 3235 N. McDermott Rd., at the northwest corner of W. Ustick Rd. and N. McDermott Rd. 10. Findings of Facts, Conclusions of Law for Turin Plaza (H-2022-0063) by 12.15 Design, located at 3169 W. Belltower Dr. 11. Findings of Facts, Conclusions of Law for Turin Plaza (SHP-2022-0013) by 12.15 Design, located at 3169 Belltower Dr. 12. Findings of Facts, Conclusions of Law for West Valley Emergency Center (H-2022-0065) by Fulmer Lucas Engineering, LLC., located at the Southwest Corner of N. Levi Ln. and N. Rustic Oak Way Strader: Mr. President? Hoaglun: Yes, Council Woman Strader. Meridian City Council Work Session December 20,2022 Page 3 of 33 Strader: Now, that we have adopted the agenda, I move that we -- I move that we approve the Consent Agenda, for the Council President to sign and the Clerk to attest. Perreault: Second that motion. Hoaglun: Have a motion and a second to approve the Consent Agenda. Any discussion on that? If not, all those in favor signify saying aye. Any opposed? The ayes have it and the Consent Agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Hoaglun: There were no items moved from the Consent Agenda that needed to be discussed. DEPARTMENT / COMMISSION REPORTS [Action Item] 14. Community Development: Analysis of Housing Code Hoaglun: Next up we have Department/Commission Reports and tonight we have the -- finally the Community Development analysis of the housing code with Mr. Hood. So, Caleb, go ahead. Hood: Thank you, Mr. President, Members of Council. First of all, Merry Christmas, Happy Hanukkah to you all. Thank you. And I apologize at the same time for having this special meeting. We didn't get to it the first couple of times. The third time is the charm is what they say, so, you know, this has been in your packet now for -- for three different meetings over the last couple of months. I'm going to make an assumption there. I know what people say about assuming things, too, but that you have had a chance to at least look at it one of those three times it was on your agenda. So, I'm not going to read it to you, but I do want to highlight some things in kind of an overall approach to -- to what we are doing here. I'm going to share the second page of the memo. So, the first page is just a little bit of that background talking about how we have talked about this over the last several months. In April we had a little more targeted discussion and, then, I'm back now to -- to really emphasize working on a housing mix and attainability in what we can do to improve that situation in our community. So, the --the list that--that is on the screen now, there are a few more pages of that -- that list, but it really focuses around our city code. It doesn't include housing programs and funding mechanisms or partnerships with developers or nonprofit organizations and things like that. We have had some other conversations about that. I have been talking with Council Woman Perreault about that a little bit through our CDBG program. I know Council's had some other conversations about that. That is not this. This really is -- my next step was to really look at the code and what we can do maybe in that realm to positively affect the housing dynamic in our community. So, again, I'm going to run through the list. Feel free to interrupt as needed. I will pause for some feedback. Also for a little bit of effect, you know, there will be some Meridian City Council Work Session December 20,2022 Page 4 of 33 drama here. But, no, feel free to jump in with any comments you have. Also think about it, too. I can take comments after the fact. Again, this has been in your packet. I will assume you have looked at it. But if you have some comments over the next several days, too, I will -- I will still take them. So, this isn't your only bite at this apple. We will be vetting whatever direction I get this evening -- this afternoon through the UDC focus group. I guess that's kind of a question. That's my approach is to use the UDC focus group, because, again, we are talking code and maybe even a subcommittee of that group, because we are going to get pretty specialized into at least one, if not two or more of these topics that really can do a deeper dive, rather than just code with architects and things like that. Really get some folks that are focused in on providing residential units and get some feedback from them and make sure they are part of developing whatever solutions there are. Just kind of my last precursor before, again, we really jump into the meat. Unless I hear otherwise, this is kind of my approach. So, tell me if I'm off base, but, if not, don't be surprised if I move forward with what you see in this memo. So, again, this is sort of your opportunity to steer me in a little bit different direction as we move forward. I don't know the outcome of all these, but these are at least the thing that staff -- the -- the --the elements that staff at least proposes to evaluate further and -- and really modify in our code. So, with that, unless you have any questions, I'm going to just kind of run through these. And, again, I'm not going to read it to you necessarily, but I will highlight each one of the -- the codes, the standards, the policies as -- as they -- they appear in the -- in your memo. Hoaglun: Okay. Council, any questions? Council Woman Strader. Strader: Thank you, Mr. President. Caleb, one thing that -- it just -- it came up as I was reading this and it's just an overarching question. As you are running through these -- if you know -- and if you don't it's okay. But on each one a big question in my mind was -- are we proposing this citywide to encourage a certain type of housing or are we -- are we thinking of adopting different standards for people providing affordable housing? So, that was kind of a big overarching question that I had as I was kind of reading through this. So, just something to plant, I guess, as you are -- as you are running through it. Hood: So, Mr. President and Council Woman Strader, it's a great comment and it's a little bit of both and so I think for the most part a lot of these are citywide, but there are some things -- or there is a policy discussion in there. You could potentially modify setbacks or have leniency on parking requirements if it's an affordable housing project. So, there are kind of -- there -- there are those elements. And, again, I'm glad you brought up the question slash comment, because you can mix and match these a little bit; right? It's not a one-size-fits-all and there is overlap certainly and some of that I hope came through in the matrix a little bit. So, you can -- hey, I like this concept over there. What about if we apply it to this for a, quote, unquote, affordable housing project? And even defining that is -- is TBD. So, again, I think the general rule is this is meant citywide at least at the start, where it would be staff's recommendation that this one give maybe more weight to potentially implementing that for an affordable housing project I tried to call that out. But you could do it in more places. Meridian City Council Work Session December 20,2022 Page 5 of 33 Strader: Mr. President? Hoaglun: Yes, Council Woman Strader. Strader: That's super helpful, because -- right. Actually your exact example. You know, pretty much every one of them as I was going through there was a real question in my mind like is our philosophy, you know, changing citywide to promote a certain type of housing we want to see more of or are we really getting more targeted and saying, okay, you know what, if you come in with an affordable housing project you could have different setbacks, different parking, you know, and the -- many items on the list I thought could -- could actually be applied either way. So, anyway, we will go through it and, then, chat. But thank you. That's helpful clarification. So, assume it's citywide unless called out specifically. Hood: Generally speaking. And that's my approach to this entire exercise, really, is, you know, looking at the problem as a community. Not for just affordable housing or people -- you know, just, again, providing a mix of housing options for all and so where are some of those hang-ups and we will see that in the second one on the screen. That's really not -- you know, there is no one targeted demographic for that, that's just -- and I'm not going to even call it a barrier, but it is a code requirement you have a minimum house size. Well, I won't get into it now, because that's number two. But, yes, your comments are -- are spot on. So, let's jump in then, unless there is any other initial comments. Hoaglun: Council, any other questions before Caleb gets started? All right. Caleb, go ahead. Hood: Okay. So, the first one is ADUs and I -- and I do think this one -- it's at the -- it's at the top, not because it's the easiest to do, but I do think maybe this -- this is something that has some legs. We have done some work internally to look at -- basically at the request of Council Woman Perreault, an inventory of our lots in Meridian and -- and feasibly, realistically-- I kind of use those words a little loosely there, but how many of our existing lots could you actually fit an ADU on and it's really not that many. Most lots you are maximizing your -- your pad site for the most part. Now, with some tweaks, though, and depending on how we define these, you could actually add either additions or detached structures that are -- are more traditional accessory structures or accessory dwelling units, but there are multiple types of ADUs. Some of them could be above a garage. Some of them could be totally detached. Attached. So, there is a lot of different ways that even that word accessory dwelling unit -- people in their mind's eye envision those differently. So, it could even be a remodel of an existing structure to -- to create a secondary dwelling unit. So, I guess some of the things I have highlighted or need some feedback on from you, if you have any, are the bolded parts in staff recommendation. So, I do think we move forward with something here. We did just amend -- slightly tweak in August to allow the ADUs to be a little bit larger. We went up to 900 square feet and allow two bedrooms now, not just one and 700 square feet. But one of the things in doing that analysis of our lot inventory was if there was some relief to rear setbacks, that's where most lots have a lot of-- that's your backyard, so that's where you have a yard really. Not Meridian City Council Work Session December 20,2022 Page 6 of 33 just a setback, but a yard. So, if you -- there was some exception to that. That's where you could fit more ADUs on your -- again standard lot -- six, seven, eight, ten thousand square foot lot in Meridian. The parking requirements. This is a fairly controversial one, so, you know, I don't know how much you have thought about it. But, again, you -- you could do a lot more of these if you either relaxed or removed a -- a parking requirement. We need to think that through. Some communities have done that and been burned and it doesn't work. Some it's not been as bad. Do they -- you know, it's kind of a give and a take. You get the housing unit, but now parking maybe is an issue for that -- that subdivision or that area anyways where -- where you get more ADUs. But just throwing that out there as an option. Do we even want to have that as an option or are we like, no, it should be self parked and -- and we don't want to force whoever is living in that ADU to the street. And, again, I'm not -- if you have feedback now I will take it, but that --those are kind of some of the ones where we could open up the potential for more accessory -- accessory dwelling units in Meridian. One other one I will just throw out there and this isn't--wouldn't technically be an accessory dwelling unit, but this is something that, again, Councilman Perreault and I talked about a little bit in passing -- is a lot split option. So, you could even technically -- you know, if we allowed some variance to our standard lot sizes or whatever to do something -- so, it's actually not accessory to that primary structure, you could do an administrative one time division that wouldn't meet the minimum dimensional standards of the zone for an ADU. So, again, a little bit of give and take with some of our current standards, but maybe, then, it's a set aside dwelling that's on a smaller lot -- a smaller home on a smaller lot in an otherwise R-8 or R-4 community. So, not advocating for that necessarily, but there is some version or an option of that that may help with financing, it may help with, you know, obviously, homeownership and those types of things. So, just a few things to think about as we look at further amending our accessory dwelling units. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: Just for the sake of efficiency I'm wanting to understand if Caleb is going to present one code change and, then, we discuss or are we going to go through the whole list and you will describe them and, then, we will go back? Hood: Mr. President, your meeting. I would prefer we do them one at a time though. I don't know if we had a goal of what time to get out of here. I'm not certainly trying to take all evening, but I would like to -- it's fresh in our minds, we talked about it, let's -- let me get -- get some direction. If you want to go a different direction I'm open to that, too. Hoaglun: Yeah. I think we can talk about each one as we go through to get comments on. I think staff --just hearing -- overhearing conversation, they -- they want to be out by 9:00 o'clock tonight, so -- Hood; Or a little sooner. Yeah. Meridian City Council Work Session December 20,2022 Page 7 of 33 Borton: Mr. Mayor? Hoaglun: Councilman Borton. Borton: I will stay with one on this first topic. Is it -- is the -- is the concept designed to encourage a new development that would be, you know, an R-2 zone that is built out with ADUs all over it or is it to try and encourage the one off existing homeowner to add a unit on his property? In which case if it's the latter I would think that would only occur when I'm adding it, because I have got somebody -- my mother-in-law is going to move in. So, I'm really not creating any housing stock at all. It's a wash. In the -- in the latter example, so -- Hood: Yeah. Borton: -- what's -- who is the user of it? Hood: Just to confirm your -- your suspicion or your statement, yeah. And if you look down on -- it's on the next page. The kind of what you described there, Councilman Borton, I think, is more in the tiny home area where I see there -- see there could be a way where we can -- for new subdivisions, new projects, create maybe these nodes of tiny home -- mini communities within a larger subdivision or something. So, yeah, the tiny home is more -- or the -- excuse me -- the ADU is more of a granny flat. Maybe got a kid at college and they need their own space or -- or that type of a thing. So, I guess I would -- I don't say push back, but it does -- it does provide housing stock, though. They are -- they are moving from somewhere else that maybe they are not self-sufficient now. So, it is adding another dwelling unit to the inventory, but it's not the same targeted family, if you will. I mean that single person is still technically a family, but it's not -- yeah. Perreault: Mr. President? Hoaglun: Yes, Council Woman Perreault. Perreault: Caleb and I had chatted about this -- you know, we looked -- went and looked through what -- what's going to create the most -- what -- what's going to create the most number of units without having to build new projects? What can we do with what we currently have? What's going to benefit our residents? So, if you have -- need a mother- in-law suite or you have a -- a student in college, that's going to benefit our residents, not only financially in that regard, but also if they have the opportunity for some income generation that helps with housing prices as well. If you are able to purchase a home and generate some rent, so that you can help afford that mortgage there is an element to that, too. But we really wanted to at first dig into how do we create units, how do we create additional places for folks to live out of what we currently have before discussing any new, because we think there is a lot of opportunity there and so Caleb did go through and try to actually generate numbers that would help us figure out how many new units we could create in the subdivisions that we have based on the lot sizes and -- and had -- Meridian City Council Work Session December 20,2022 Page 8 of 33 put together a -- somewhat of a -- a list or possible -- I don't want to say individuals, but possible living -- living -- new living locations of out of each zone. Hood: I will say I don't have that actually. So, Brian McClure helped me with that. He is great with stuff in GIS and can map and -- and do all that stuff. No surprise. Your R-2 lots, which are generally half acre lots, most of those you can accommodate it and in an R-4 and, then, when you really get down to R-8 it's -- it's almost impossible for most lots. I mean there is a small percentage where you could, but it's still very very difficult. So, for a vast majority of our lots it's just not even possible to retrofit. Hoaglun: Caleb, I go back and forth on this one, because when you thought about owner occupied requirement, I thought, you know, that's good, because you don't want it to be an Airbnb. That doesn't help. It's -- yeah, revenue for them, but it's not what this is about. But, then, I thought, okay, how do you distinguish that room -- and let's say it's an ICON student and they get out of college, they go right into that, they need a place to live, they want to rent something, well, you know, it's -- we don't have a lot of rental stock, if -- if -- and the prices and you go, well, they wouldn't be owner occupied, I mean that would be someone renting that -- that -- that room or that -- let's say it's 900 square feet that they build on their-- their property and go, okay, that doesn't quite meet the requirements. So, I kind of go back and forth on that. Owner occupied, yes. Well, but, then, there are those situations where someone's going to -- you need housing stock and at a lower rate of -- of rental in this case, that -- that would qualify. So, I -- I don't know how to do that, other than, you know, approach it from an Airbnb, as an example type of situation. But any -- any thoughts on that approach, Caleb? Hood: So, I will -- and I should have probably mentioned this at the beginning. I really am impressed by the -- this little handout that AARP put together. It's the ABC's of ADUs and they have questions like that basically answered in here. Best practices. And so I'm planning on using this as we talk about this some more with the UDC focus group. Some of them are questions more than answers, but things to think about in your community. -- I do like -- and -- and that is one of them, they -- they bring up, Councilman Hoaglun, is should you have at least one of the two. I mean that's the idea. One of the two being owner occupied, not both. So, it doesn't have to be a child or a mother or something that lives in the secondary unit, but at least one of the two have to -- has to be occupied by an owner; right? You can rent out or whatever else you -- and it wouldn't technically prohibit you from doing Airbnb or something like that, but at least the owner would be on site. So, again, pros and cons to that. I -- I do -- I would want to refresh that. I -- I remember reading that in here. That's my thought though. I think they--they strongly recommended you think about that if you currently have a requirement for -- for a unit to be owner occupied that you leave that. But it's not a one-size-fits-all. Hoaglun: Thanks, Caleb. Yeah. That's interesting. Owner on site does change the dynamic of a -- Meridian City Council Work Session December 20,2022 Page 9 of 33 Hood: So, if granny wants to live in the granny flat and still own the main house, too, she -- she -- and, then, have her grandkids with family run -- you know, she's -- so, that could work. Hoaglun: And as far as the parking requirements go, boy, you know, parking, that -- that that would be a tough one. I mean that's a -- that's a little harder. We -- we understand the parking problems we have in -- in neighborhoods and whatnot to -- to a degree. But if it's going to be in these larger lots would there be a need? I mean -- yeah, that one we would have to look at a little deeper just to make sure I would be satisfied with reducing that requirement. We -- we don't have great public transportation, you know, in the valley yet. So, it's -- it's one of those things that you can't rely on -- to a great degree, so that one probably takes more thought. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: As you probably know what we are currently seeing are folks that have four bedroom homes that are renting two or three of the rooms out for seven or eight hundred dollars a month and the assumption is at least each of those rooms will have a vehicle. So, now you have four vehicles on that four bedroom home and there is no way for us to track parking in that scenario, but if-- but if they apply for the ability to have an accessory dwelling unit, then, we have a way to gather numbers for that and that does help our planning. If you get on Facebook marketplace, Craigslist, or any of those places, you see a lot of rooms for rent, they are all over town, and we just don't have any way to really track those numbers. Just the same conversation that Boise had in the North End. But when you go through these kinds of scenarios where you have folks that want to have other -- other individuals living with them, then, it certainly doesn't stop somebody with a four bedroom home from renting out two of their rooms, but it might help with us tracking how many occupants are in each home or in each subdivision. Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: I think I'm open to this, but probably the piece that sticks out to me as a potential issue would be changing the setbacks. It's precisely because it affects our existing housing stock and so I feel like we had set the rules of the road on what the setbacks are going to be throughout Meridian. People purchased homes, built homes on that basis. If I was a neighbor and, then, setbacks -- especially the rear setbacks got changed and, then, two weeks later I heard about somebody applying to build a -- you know, a granny flat ten feet from my home, I think I would absolutely flip. I -- I just -- I think where it's something that has to do -- I think really important in this conversation are the things that would apply to new developments versus existing development and I think we have to be really thoughtful and maybe as this goes through the UDC focus group that could be part of how they tackle this, because it does seem like, you know, you have the rules of the Meridian City Council Work Session December 20,2022 Page 10 of 33 road, the way that it's been done, everyone's been following kind of the same playing field on the existing development. Then if you have a new development, you know, that -- that's different, I feel like you are setting a new precedent, but to -- to go through and give people the ability to change the setbacks, I think that could be really problematic. Also the parking I -- I do think could be problematic, but I don't know if I'm as -- like allergic to that. Maybe that could be thought through. But definitely the setbacks for me would be a big sticking point on this one. Perreault: Mr. President? Hoaglun: Let me -- let me go to Deputy Chief Bongiorno. I think he has his hand raised. He might shed some light on this. Bongiorno: Yeah. Thank you, Mr. President. I just wanted to add on to what Council Woman Strader was saying. She -- all of this is great ideas. Love it. I mean I'm -- I -- I understand the need. There is a lot of code dependent things -- and I'm sure Caleb has gone through a lot of this. There is a lot of this that will be code dependent as well, because you can't just throw a building in the back of a house and -- and it would be okay. I mean there is a lot of stuff that would have to go along with that as far as addressing goes, as far as access goes, as far as, you know, can -- can we get a -- a fire line to it if it's on fire. I mean that's kind of the -- the concern with the safety of the tiny home thing, you know, where -- that we are currently dealing with right now. So, there is -- there is a lot of things in the building code and the fire code that we also have to pay attention to, you know, as we move forward, can -- can we do this and what are the ramifications, but I just want to make sure that, you know, all of this has code implications that we need to make sure that we include and just say, yeah, we are just going to do this, because, you know, there is problems if we do that. Hood: Mr. President? Hoaglun: Yes. Hood: If I can just piggyback on that comment and I appreciate you bringing that up, Joe. The building department is also another, you know, not EMS, but building codes I think are also something we will want to think through a little bit. So, again, I appreciate the comments. We will definitely coordinate with fire, with building, with others -- kind of depending on where this goes and maybe just -- I'm not trying to wrap this first one up necessarily, but I do want to kind of tell you what I just heard a little bit and if there is more comments I -- I can take that as well. But it does sound like having at least one of the two -- Hoaglun: Caleb, real quick. Hood: Yeah. Hoaglun: Council Woman Strader -- I mean Perreault wants to comment. Meridian City Council Work Session December 20,2022 Page 11 of 33 Perreault: Thank you. So, that brings up another thought and my assumption -- and haven't voiced this, because it was an assumption -- was that the person -- excuse me -- the person making the application to do that would go through some sort of process where that application is reviewed by our staff and, then, if Council Woman Strader thinks it's a great idea maybe they could also be required to have neighborhood meetings in which they were to -- I want to give folks the ability to do it and I don't want to weigh down our Council on these -- on, you know, one by one lot meetings, but I -- I -- I don't know that they necessarily would need to be a public hearing per se, but perhaps a neighborhood meeting might be a good idea and, then, it can go through a staff level approval process and so I would really like to hear Caleb's thoughts on, you know, how much we standardize these or do we set a base standard and, then, allow each individual application to be kind of reviewed on its own merits? Hood: Mr. President, Council Woman Perreault, I think I'm tracking most of that. I got confused there for a minute just on the -- well, let me start backwards. Standards. Yes, I think we -- we -- we -- we set the standards, here is the rules we play by and maybe there is a variance process and if you want to -- you know, I agree, I don't think we want to gum up Council's agendas with a bunch of variances to setbacks. But maybe there is an option in there. What -- the part I got confused about a little bit was the neighborhood meeting and -- and I guess are you saying that at least in your mind you are open to having a conversation about setbacks or that has to do with something different? Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: I'm sorry. Let me clarify. Councilman Strader -- Council Woman Strader had mentioned concerns that the neighbors might have. If we give an individual an opportunity to apply to do this with their lot and they don't need to go to the neighbors and say this is what I'm planning on doing, there doesn't need to be a conversation, which is a very fair concern. Absolutely a fair concern from home values, from -- you know, absolutely a direct concern. So, I think there is a couple of ways we could potentially go about it. It's impossible for us to ask every resident that has a lot large enough and get that feedback before we were to make this decision. So, we could -- we could send out letters and say here is what we are considering doing and ask for feedback. Or we can have anyone who is applying to maybe do that lot split that you mentioned, for example, send a letter to the neighbors that says here is what we are applying for, feel free to send your feedback, and that way the -- the neighborhood has notice and they -- they -- they are not left out of that decision, but also doesn't just throw the baby out with the bathwater and say, no, this isn't a good idea, because a neighbor might be upset. So, finding that balance is kind of what -- I'm just trying to think through solutions to that balance, which might be requiring them to notify neighbors or -- you know, I don't know exactly how that will look, but -- Hood: So, Mr. President, if I -- if I can. So, a couple of thoughts on that and I think some of this, you know, we will have a lot to think about over the weeks and days and really Meridian City Council Work Session December 20,2022 Page 12 of 33 months go on. It's -- it's two things there. One I think are these initial standards that we are looking to change to and, then, it's the process by which someone applies to use those standards that we have adopted. So, I think we -- we talk about what we -- you know, I haven't even gotten to the point of how do we get these potential changes we are going to make to code in front of the public. Are we doing coffee with the Mayor? Are we doing -- you know, getting that feedback from R-2 lots -- I haven't even gone there yet to say how do we get feedback from our community on if this is the right thing or not. I want to have a better idea of what we are asking them -- you know, put in -- at least narrow it down a little bit for what we are proposing and, then, get some public input. I think the process, though -- let me just throw this out there -- when you are talking I'm thinking we could do something like what we do with our neighborhood daycares. So, they are allowed. So, you meet with your -- you have a neighborhood meeting, you meet with them, you kind of know; right? And most reasonable people go, okay, my neighbors don't really like me doing this, it's done. I'm not going to -- I'm not going to push that button. But you don't have to. They could all come up and pitch pitchforks and you can still apply and we permit you, but we send a letter to all the neighbors saying we just approved the daycare next to you, you have 15 days to appeal it. So, now the onus is back on the adjacent property owners to say why that doesn't meet the intent or why they don't like it; right. So, it's a little bit different than our typical process, but it is a -- sort of a buy right with a veto sort of option. I could see something similar for ADUs. You go talk to your neighbors, see if they have concerns. If you can work things out just amongst yourselves -- we still have standards of the city and if you meet the setbacks, you meet the parking, you do whatever we decide those are, we still approve it, but we send a letter to everybody and saying, hey, we are approving this. Before we issue a permit, though, you have 15 days and you can go talk to Council about it. If you really have a beef for how we have implied -- you know, whatever that is. So, maybe that is somewhat of a compromise. Anyways, I think more on that. So, I will make that -- put that down as a, you know, a thought anyways. But, again, just to kind of summarize and -- and we can add to this list, too. But on-site ownership seemed important. Parking generally seemed important. Focusing this more on new lots, though, than existing. So, we were more talking about existing lots just most recently, but maybe focusing -- and, then, Councilman Borton had -- you know, I think maybe even require a certain percentage of lots to be able to accommodate these in the future, right, with the new subdivision. Say, hey, you need to have ten percent of your lots have an extra wide setback on the side, so, you -- you know, you predesignate ADU lots potentially. And, again, I'm not saying that's what it's going to end up being, but maybe that's part of our conversation is designating lots where you have an area and, then, if someone's interested in that in the future they can go, yeah, that lot -- because in the future I'm going to have my mother-in-law live with me. Hoaglun: Caleb, on that -- on that setbacks type of thing, I think we need to have at least for existing current -- I -- I get it, you know, that you buy your house and that -- you have got certain setbacks, it's in place, but at the same time it might be the neighbors go, yeah, I'm fine with that. So, at least have a process. It might be a very difficult -- not difficult, but neighbors may not agree, but if your neighbors agree that--that changes the dynamic. You know, I mean there are long-term neighbors in the neighborhood who go, yeah, yeah, I see why you want your mom to move in and what happens after that. Yeah. You are Meridian City Council Work Session December 20,2022 Page 13 of 33 far enough we can make this work and -- okay. We -- we could do that. Because I don't want to tell anybody -- well, if you are already here and it's already a house you can't do that, so -- but it has to be -- Hood: Hear you. Hoaglun: -- geared toward -- I think Council Woman Strader, you are looking at protecting what's already there, because that's what people bought into, so -- Strader: Mr. President? Hoaglun: Go ahead. Strader: Yeah. I think we are thinking along the same lines. I was looking at it like -- I don't think we should change the setbacks for ADUs, but maybe the standard for a variance -- if it still meets the fire department and building code requirements -- you know, if you get the consent of all of your surrounding property owners that are affected by the change, that to me seems like a fair sort of a standard or something like that. I think we are thinking along the same lines, like don't change the setbacks, but make it possible for people to get their neighbors to agree. I don't know. I feel like we are getting into a lot of -- it's hard, because we sort of have to -- you have to get into the detail to -- yeah. I mean and -- and maybe the committee will be able to flush out some of -- some of these things, too, because there is a -- I mean these are just initial things that we are thinking of. There are probably a lot of other angles we haven't, so the more eyes on it the -- the better. Hood: But to summarize just at least initially, setbacks of the smallest that's on the screen, that one seems to have the most initial momentum from -- from Council. So, that's kind of how I would summarize. The options to make it more feasible to do ADUs on a -- an existing lot in Meridian. Perreault: Mr. President? Hoaglun: Yes, Council Woman Perreault. Perreault: I think now I'm tracking a little bit better. Council Woman Strader was getting at the idea of let's -- let's not change setbacks for all lots that are of a certain size. Now, I completely agree with that. If we -- if we -- if we -- you talked about the difference between the code -- the code and, then, the implementation or the process, I would -- I would think that the applicant would have to go through a variance process on an existing -- well, even on an -- in a -- on a new property to some extent. If all we are doing is asking for larger lots, they are still going to have to go through the same process than an existing homeowner would need to go through -- go through, which I think is fair. Hood: We will have our base setbacks. We won't change those. But maybe we will have a process then for when someone wants to encroach with an ADU that -- I don't know if Meridian City Council Work Session December 20,2022 Page 14 of 33 variance is the right word. I don't know if that's allowed or not, but we will come up with some -- we will explore some process that's similar to that. Hoaglun: So, Caleb, go ahead. We are a half hour in after the first box with a number of boxes. Let's see. 8:00 o'clock. So, we will be out before 9:00. Hood: No. We are -- we are going to, you know motor right along. That one -- there is a lot to that one. So, I have -- I have titled this one small houses and that's somewhat intentional. This isn't tiny houses. We will talk about those a little bit later, but these in our current code -- and this one should go pretty quick -- we require in the R-2 and R-4 a minimum house size. There really isn't a reason for that. Well, there was a reason for that. It -- it can look out of place if you have a half acre lot and a 700 square foot home. But that -- if that's their choice and that's how they want to live, then, who are we to say your house needs to be 14 or 15 hundred square feet is my thought. So, to me -- and I don't want to assume, again, too much, but this is a fairly straightforward change to just say single family home, single family home, if it's 700 square feet, as long as you are on a foundation and hooked up to sewer and water, you know, have your -- have the -- the -- the garage that's required per code meet the setbacks. We are -- we are okay with that. So, again, I don't know -- as I kind of started to say earlier, I don't know this is really a barrier to any type of housing or encourage anything necessarily, but you -- but it is -- it's a requirement. It's a standard that we have and we don't really need one. So, it's kind of -- I wanted almost say check a box and say, look, you can build whatever size home you want in Meridian in any zone. There isn't a minimum or a maximum house size. Hoaglun: Council Woman Strader. Strader: As a former resident of the city of New York I do have thoughts about this. You know, I think the building code should help us a lot with this, but -- right? But there is -- there -- there is kind of just a livability factor of humans deserve a certain amount of light and air and a certain amount of space to have I think an adequate dwelling. So, I -- I understand maybe relaxing the requirements or changing them, but I'm not sure it makes sense to completely eliminate the minimum. I don't know. We would have to think about this. Like we don't see -- so, like what I would see before -- so, just to give you a funny personal example. I used to live in like a railroad apartment that was so narrow and we had a fold out couch that couldn't fold out, so it would hit the wall in one of my -- in my first apartment in Brooklyn and so, you know, now you are seeing things like micro units that are like 500 square feet or less with common areas and I actually think we could probably get into more trouble with an apartment multi-family situation on this issue than on the single family home. A single family home, if you are putting in the foundation and -- and -- and the hookups you are going to reach some certain minimum, but -- I don't know. Hood: So, I'm -- I'm sorry, Mr. President, if I can just -- so, the -- the full context isn't there in -- in the column here, but these are the only two zones in our city that we currently have a minimum housing size for. So, if you want we can go the other way and add minimum Meridian City Council Work Session December 20,2022 Page 15 of 33 house sizes to all of our districts. But these are the only two right now that we actually have a minimum requirement dwelling size. Hoaglun: And, Caleb, I think something like this is something -- we can consider and I think it would be interesting to have public comment on that, because you might get people saying, hey, I'm in R-2, I got my 3,000 square foot home and if somebody is going to build a 700 square foot home, that's going to lower my property value. Hood: Yep. Hoaglun: I don't know if it will or not, but I -- I think it's worth considering, but, you know, to have public comment on that and get some additional thinking and -- from developers and others, you know, would be -- Hood: Fair enough. Yep. We will definitely leave that to you, too, so -- any other -- any other concerns with just going -- going through that process, essentially, and letting -- hearing from our community and see if they have concerns with that? Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: Who did you say? Hoaglun: Council Woman Perreault. Perreault: Oh, my goodness. Hoaglun: What did -- Perreault: I totally heard you wrong. So, we require the new developments to have -- typically they have to have some sort of covenants and so nearly every set of covenants I have seen has a minimum in there for the protection and benefit of the residents. So, think it's kind of-- I mean it's kind of not necessary in that sense. They are all required to have covenants. Nearly every developer is going to put that minimum in there for the protection of the community. So, why have it. On the other hand, if it's not negatively affecting anything why take it out? You know, I -- I think -- I feel a little bit neutral on it, since it's only in those two zones. However, I -- I'm not opposed to Council Woman Strader's idea about putting in some minimums in some more dense, you know, types of properties and that's a conversation we don't have to have tonight. Hood: I was going to say, it's a little off topic, but I will make a note. We can -- we can talk about putting studio apartments and how big they at least need to be as a minimum. So, I will make a note. Strader: Council President? Meridian City Council Work Session December 20,2022 Page 16 of 33 Hoaglun: Yes, Council Woman Strader. Strader: Yeah. Just thinking through this; right. So, we are talking house size, but not lot size. So, that -- so, that -- that's where it's kind of like -- I think like we saw with the application the other night, it's really the lot size I feel like that drives the economic decision. I mean most developers are trying to maximize -- like the -- the biggest impact is going to be on lot size, not -- not really the house size. So, I feel like if we are -- you know, if we are -- if we are trying to tackle it more through lot size I think we might end up in the same -- or where -- whatever destination we want to arrive at, I think we would do it through that, because I -- I don't think that the house size is going to drive the decision making. I mean if whatever the land you purchase for is a sunk overhead cost, you are going to try to maximize -- I think if you are trying to put density and really get the most out of it, you would be trying to maximize the house, you know, based on the lot size; right? Hood: So -- and -- and, again, not saying this is the solution, but some of the reasons to get out of the way, if you will, on this one is, you know, with the cost of materials and construction maybe I just sunk our entire life savings into the lot, because it's a nice big lot and I can only build -- I'm starting with a tiny home, because I just had to buy the property -- Strader: Got it. Hood: -- and construction materials and labor right now are through the roof, but I need to have somewhere to live, so I'm going to build my 700 square foot to start and I will do additions over time maybe and now it becomes a 5,000 square foot home, but right now I -- so, that was kind of one of the -- the levers and that, again right now, you know, labor and lumber are high and so if we say you have to use so much lumber and labor, maybe we just priced somebody out of -- probably not, but that -- that's at least some of the thought process here. And, then, to Council Woman Perreault, it's probably already covered in some other covenants, because you probably can't buy that lot unless you construct something that's of a certain size anyway. So, this one is like just something we as a city staff don't have to check a box and if we miss it and we approve a 1 ,399 square foot lot--or home on a lot, we are not liable for something --for missing something, because our code says it need to be 1,400. Hoaglun: Council Woman Strader. Strader: It makes sense to me. I think we go get feedback on it, because it feels like, honestly, removing a piece of red tape in the sense that this is a -- this is really a standard that people are meeting that doesn't actually really drive the decision. So, let's see what people say. I mean, you know, and see -- Hoaglun- Okay. Sounds good. Caleb, what do you got next? Meridian City Council Work Session December 20,2022 Page 17 of 33 Hood: Development fee waivers and credits. So, this one we -- I think are -- actually already -- yeah. If you look in the far right-hand column in Title 10, we do -- and this is now back to kind of the -- the opening question, comments. This is for affordable housing projects. But it wouldn't necessarily have to be, but this is certainly in the vein of this this tool is for really those projects that are targeted towards affordability. So, what -- again, however we define that. Twenty percent of a project, a hundred percent of a project, eighty percent of LMI, whatever that looks like. That's kind of what this is. But this would be a reduction of fees related to basically services that the city provides. There is really kind of two things, so -- and I have got it listed in the title there. Waivers and credits or deferrals. So, a little different to waive a fee versus having the General Fund offset or supplement that fee. Someone still pays the fee, maybe it's just not the developer. So, we are going to have 500,000 dollars set aside and we will cover your cost for this versus, magic wand, we aren't going to charge our -- you know, you don't have to pay our application fee. It's waived. So, we would think through some of those things, but these are kind of some incentives that would maybe offset the costs for, again, just thinking about affordable housing projects in this one and what that could look like. So, non-market rate projects. If you have other eligibility requirements that you -- you know, if you are really like, boy, we need more studios and if you bring a studio we are willing to consider those things, too, even if it's -- if it's market rate, you know, you could apply it that way, too. I don't know why we couldn't necessarily, but, again, this was brought up in the -- the guise of -- for -- to see more affordability. Hoaglun: And just for Council consideration, you know, looking ahead, if you want to go down this path and -- and look at defining what is affordable and, then, what would qualify and -- and they can use, that does have budget implications, so over the next budget cycle we would have to look at say, okay, if someone comes forward how do we pay for that -- those costs, so -- Cavener: Mr. President? Hoaglun: Yes, Councilman Cavener. Cavener: Yeah. I think -- I think to that point, you know, the -- I appreciate you, Caleb, kind of deviating between waiving and deferral. I think deferral is a tool in our tool box that we can use on the -- you know, on an as-needed basis for a project. When it comes to wavering on fees, I think that we should plan for our -- our budget for next year to whether it's X amount -- a hundred thousand dollars that we want to set aside, so that we are budgeting and thinking about this and -- and having that available, just like with Incentives that exist for economic development, you know, look to the committee and staff to help us kind of forge some, you know, criteria on which that we would evaluate a potential project for waivering of those impact fees, but, then, having a -- a budget set aside to be able to pay for that. I think that's the right approach. Perreault: Council President? Hoaglun: Council Woman Perreault. Meridian City Council Work Session December 20,2022 Page 18 of 33 Perreault: I wonder if -- and -- and I have no idea the answer to this question. If there could be an application for that through CDBG funds. I don't know if that's -- I mean -- I don't know. Federal government has pretty strict regulation on CDBG funding. But I -- I see it as not that terribly dissimilar to any other housing assistance. It's not -- it's just not an individual that's applying, whether it's a -- a developer that's applying to get assistance for the -- for the payment of fees. Cavener: Mr. President? Perreault: And just to -- yeah, just thinking through, I think -- Cavener: I can answer that I think for you, Council Member. Perreault: Thank you. Cavener: It's something that Council has explored in the past and if we use CDBG, then, the recipients have to pay Davis Bacon wages and it -- it -- the juice isn't worth the squeeze. It costs so much more that -- that you don't get a lot of interest and, then, there is no net benefit. Perreault: Council President? Hoaglun: Council Woman Perreault. Perreault: Thank you, Councilman Cavener. I really appreciate that. That's exceptionally -- exceptionally helpful. I didn't realize that that was the case. I agree and -- with the -- the thought of and conversation about setting aside a specific amount that we would budget for and my anticipation is is that it would be very unlikely we would have more than two, possibly three of these types of projects in one year for quite some time. I just don't anticipate it being a -- a massive amount that would be needed necessarily. At least not for the next five, six years, if not more. Strader: Council President? Hoaglun: Yes, Council Woman Strader. Strader: Yeah. I think to me it makes sense that -- that someone could apply and, then, the Council has the discretion to do so and I think it would be a good practical consideration and the right way to do it to put something aside in the budget for that. I -- I -- I definitely don't think it should be -- like if you meet certain criteria, like XX percent of the AMI on your project, we are going to automatically approve. I -- I don't really think that's how we should get started. I think we need a lot of discretion at first while we look at projects, again, kind of get used to what we are looking for, because it feels like we haven't really narrowed in quite on what -- what we want to see yet. So, I just think if we have full discretion and we set something aside in the budget, maybe that would be a Meridian City Council Work Session December 20,2022 Page 19 of 33 good way to tackle it initially and see who applies, you know. I mean we have seen one recently, but is that going to be the normal cadence for this? I don't know. Hood: So, Mr. President, if I can respond or comment -- Hoaglun: Go ahead, Caleb. Hood: -- on that. If that's where Council wants to go that it may be premature to do what this topic is talking about, because it still talks about discretion for you, so it would be a case-by-case basis. But I kind of envisioned having some bar you have to clear -- not just an application, but some bar you have to clear to get before Council; right? There is some minimal -- even if it's minimal criteria, not just the -- well, bring us your thing and we will, you know, gut feeling and Council approve you or not. If you want to do the first year or two or whatever that way, that's fine. I just don't know that I'm going to be much help in code to do what you just described; right? Because that is more about standards and processes and there is still discretion in that, too, but it's -- there is some things that -- at least -- you know, you need to be a nonprofit, you need to have 20 percent meeting 80 percent LMI --you know, something that just says here is some -- you know, at least some basic criteria before you will be considered by Council or everybody is going to be coming before you with, oh, you -- I heard you got a hundred thousand dollars in your budget, would like some of that. So, correct me, but the way I just heard you was more, you know, we will know it when we know it and I can't develop that in code to say go talk to them and -- Strader: So, President? Hoaglun: Go ahead, Council Woman Strader. Strader: I -- I don't -- I mean I think there are some no brainer requirements if we wanted to that we could set forth that we would all agree. Like I do think it should be a nonprofit. I think it -- there should be a component of nonmarket rate units as part of the project, but I don't know what that percentage should be. I don't know what percentage of the median income we should target, for example. So, I think what I'm saying is it would be -- if we -- if we -- I -- there are some just basics of what makes an affordable housing project that we could put forth to apply, but I just don't know if we are going to be really narrowed in specifically on -- on those criteria I just mentioned. Cavener: Mr. President? Hoaglun: Yes, Councilman Cavener. Cavener: Thanks. And I don't want us to get into a back and forth on, you know, all of these. We will be here until like 8:00 p.m. three weeks from now. But I agree largely with what Council Member Strader said, although I actually wouldn't support it that it would have to be a nonprofit. I think if the private sector says we want to do something creative, we should -- we should incentivize that. We should reward that. And so certainly it Meridian City Council Work Session December 20,2022 Page 20 of 33 wouldn't preclude a nonprofit, but if a builder says, hey, this is our thought for a master planned community and we want to --we want this to be a place for everybody regardless of income, man, I don't want to be turning them away, I want to invite that and incentivize that as best we can. Hoaglun: Okay. And -- Horton: Mr. Mayor? Hoaglun: Yes, Councilman Borton, go ahead. Borton: Just to comment on this topic, I think philosophically for me it's more appropriate to waive development fees, rather than impact fees. Impact fees are collected, one percent of which are allocated to capital costs we know we are going to incur. Development fees year over year exceed development costs, we return the surplus to our capital improvement fund every year and there already exists wiggle room, for lack of a better term, with our development fees that are charged and with our impact fees. So, that -- I would be interested in exploring that avenue and, then, have staff try to answer the question what's the best type of product to incentivize and I don't know if location is another area, but the type of product that you think we would want to incentivize to accomplish that goal. Hood: So, Mr. President, maybe just to summarize that real -- real quick. I think what -- what I would propose is that we come up with kind of two different lists, if you will. One that's sort of modeled after existing code with some very basic criteria of, some nonmarket rate eligibility that gets you before Council to request something. Also just say, then, we would limit that and -- and I do need to work with Public Works primarily, even like hookup fees potentially could be eligible. So, what are -- what are some of those things that we could still have to be paid for to some degree, but some are hard cost, soft cost, but develop that list, then, of things that could be otherwise offset through General Fund or whatever the funding mechanism is and, then, bring that back to Council and see what -- where the discussion goes from there. It sounds like there is some -- again just even a basic foundation for Council to think about these things in the future. Hoaglun: I think that's a good approach, Caleb. At the same time, you know, these impact fees -- that's -- and it allows us to say growth is paying for itself and, then, if we waive the fee and, then, we use our General Fund dollars to put that to -- you know, we are -- we are using existing property tax for the most part -- property tax dollars to go back into paying for the impact of that development, so their growth is not paying for itself. But it is, but it isn't, so just one of those weird things. So, Caleb, what else you got? Hood: Okay. So, onto the next one then and this is tiny homes and so this is how I'm -- you know, first of all we need to define a lot of these -- these terms that we -- we use, but aren't maybe in our code already. So, this is related to ADUs. I already kind of mentioned that, too, and, again, there is a lot of interrelationships between some of these concepts we will talk about this afternoon and this evening. Small houses, missing middle Meridian City Council Work Session December 20,2022 Page 21 of 33 standards, a lot of overlap. There really is a -- a foundational -- and that's not just a play on words -- difference between what a lot of tiny homes are and, again, what a dwelling in Meridian as defined is. You have to be on a foundation and you have to be hooked up to our sewer and water basically by definition. If you are not, then, you are, essentially, an RV and that's -- it's a little more than that, but that's, essentially, the -- the difference. So, we realize there is a market -- staff realizes there is a market and people that want to be mobile and, again, kind of -- I -- we talked about this or I mentioned it a little bit earlier, there may be an opportunity to build some of those -- I don't know. I haven't come up with a great term, but, you know, subdivision within a subdivision, a pod, a subcommunity of lots that are available for tiny homes on wheels. They could be there long term and people could make them quasi permanent, but by definition they are still not, again, on a foundation, may or may not be hooked up to services, but the -- it's set up as kind of this -- their own little, you know, block or two or whatever of tiny homes in our code that would allow that. My initial feedback -- and this is just me and I have not gone through, again, the public involvement process, but just some of the things I have heard from others in the community -- I put it right there -- staff does not believe that the answer for Meridian is RVs to serve as dwellings on residentially zoned lots. So, to just take your Jayco, put it next to your home and live out of it or have someone else live out of it, that is not what this is. This is almost back to our ADU discussion. This isn't retrofitting our current lots to accommodate RVs to make another dwelling unit. This is intentionally creating areas where a couple -- two, three, four, six, seven, nine hundred square foot homes on wheels congregate like other single family dwellings would. So, that's kind of the concept here. There is a market for that. There is just nowhere for people to -- to park them, to place them, and so if we even create the hookups for them and, again, maybe skirt it, we can have some requirements for that, so it doesn't really feel more -- you know, still some requirements so it fits in with the bigger subdivision, but that's kind of staff's -- not in and of itself, but this is one of the things that we would at least pursue further with our community and the UDC focus group to see what additional thoughts are there. Hoaglun: Councilman Borton. Borton: A question. Caleb, is there an example in Boise or elsewhere in the valley where something like this has been approved and built that we could go drive through and take a look? Hood: Mr. President, Councilman Borton -- Councilman Borton, I do not know that. I didn't actually look that up. I don't think we just invented it, though. I don't remember me being like the brainchild of this or something. So, it's got to exist somewhere. I don't know -- yeah. I'm not sure. I -- I really don't know. If I do find one, though, I will e-mail Council and say, hey, here is one I have either seen or ran across in the internet or whatever. Hoaglun: And -- and I think, Caleb, I have -- and Councilman Borton, for some reason I think McCall has approved one. I don't know if it's built. I know there is one in southwestern Idaho somewhere that's been approved and -- and I can see value where someone comes in -- a developer says, you know, I -- and -- and for us to have a zone Meridian City Council Work Session December 20,2022 Page 22 of 33 that it's allowed, there might be a parcel. That is -- they do a development and, then, there is this awkward piece that could have some tiny homes that would be workable. So, you know, I -- I think it's something we need to explore. Hood: I will also say some of the market is there -- a couple different example we already mentioned. You know, maybe kids going to school, they could still be in the same subdivision, but not be under your roof or adjacent; right? They are still in your subdivision, but -- but -- but they have a little arm's length. There are also people that are building homes and a lot of those people it takes six months, a year or more, and they need somewhere to stay instead of an apartment. You could stay in your subdivision, still start to develop community with your neighbors while your house is being built. So, it is somewhat transitory in nature. Can be. But instead of having to stay in an RV park or a hotel or something else, you could stay here. Or, again, you have long-term family members that come into town, there is an option for them to be close. They don't have to go to a hotel or -- or rent an apartment or something for whatever things life may throw their way. So, I think there is multiple reasons why this could work or be a -- you know, meet a need in providing housing stock in our community. Cavener: Mr. President? Hoaglun: Yes, is that -- Cavener: It's Cavener. Sorry. Hoaglun: Oh, Councilman Cavener. I -- I saw you and Deputy Chief Bongiorno and I wasn't sure who -- who -- who spoke there, so -- Cavener: You know, I -- I appreciate where --where Caleb's coming from, but the thought of -- that you are going to live in a tiny home while you are building your new home, that makes a lot of sense in the county. We are not going to be seeing that type of usage in in Meridian for the most part. I -- I think I would be really supportive of reviewing and amending and adding some definitions to address this. Certainly if the development community wanted to kind of develop a tiny home community, that to me is of some interest, but I just think that we are going to encounter a lot of conflict points on this particular issue if we don't -- if we force tiny homes to kind of integrate with traditional single family homes. Hood: And Mr. President? Hoaglun: Go ahead, Caleb. Hood: If I can just clarify. I -- and I don't know that that's where the UDC focus group would go. I wasn't planning to force this on anyone. I was just proposing to potentially allow it as an option. So, if you have a master planned community and you have got 80 acres and you want to include a pod or two of this as an option, I guess. So, I wasn't Meridian City Council Work Session December 20,2022 Page 23 of 33 trying to require that some percentage of lots be set aside for tiny homes or anything like that. So, just to clarify. Hoaglun: And we might start with Gem county. According to Tiny House Builders website, Gem county is particularly accommodating to owners of tiny homes. They have established their own ordinance to address the influx of people who want to live in tiny homes, which is otherwise limited by statewide regulations in Idaho. So, that's the other caveat is depending on what the state's going to regulate as well. So, definitely something we can explore and, you know, I hate to preclude a developer from coming forward with an idea, but, yeah, we will have to wrap our arms around it and make sure it is workable for our community. Perreault: Council President? Hoaglun: Yes, Council Woman Perreault. Perreault: I'm going to send you all an article on 15 tiny homes that have a lot of photos and very different styles. Many of them are in the western U.S. and you can kind of get a feel for -- doesn't -- not the same as driving through, but you can get a feel for kind of how it would look proportionately. I have concerns about, you know, how do you have a -- obviously, people are not going to park in front of their homes. That doesn't work, because it's -- you know, the home is as wide as the vehicle. So, maybe they maybe park on the side and you have a 20 foot by a 40 foot lot. How does -- how do we make that proportional to, you know, a 33 foot street? You know, I wanted to -- you have to have it look proportional, not just -- here is a tiny home on -- and everything else is the size that we would have with a 1 ,400 square foot home. So, those are all things that I had asked Caleb is it even possible for us to do that -- not only can we get city services into those tiny lots, can we get -- you know, can the fire department get in there or can we get -- actually get water and sewer to lots that are a third of the size that we normally agree to on a plat and Caleb seemed to think that that was sort of the least of our challenge, that the challenge would be more about really I guess making it -- what's the word I can say -- acceptable to our community as a lifestyle. If--am I -- am I stating that correctly, Caleb? I don't want to speak for you. Hoaglun: Go ahead, Caleb. Hood: I will just say yes. I -- I don't disagree with anything you just said, so -- Strader: Council President Hoaglun? Hoaglun: Council Woman Strader. Strader: I don't have an issue with exploring it, but I'm much more interested in development that's intentional around it and permanent, as opposed to --you know, I think a lot of the reason that tiny homes are on wheels is that it's to avoid, you know, a foundation and hooking up to -- and existing housing regulations across the country. So, Meridian City Council Work Session December 20,2022 Page 24 of 33 1 think if -- if a developer came and had like a pod of these and the way it was set up where they were all on a foundation and they were hooked up to services and stuff, that to me would just make more sense. I think the -- when it becomes more transitory I think we should treat it like an RV personally. I think there should be a difference in terms of how we sort of treat these. If it's purposely built on a foundation and -- and already planned to be part of a subdivision, I think I'm a lot more open to it. I would like to see examples of where it's gone well in other cities and how it's been successful. That's just some feedback. But open to it -- open to talking about it. Perreault: Council President? Hoaglun: Council Woman Perreault. Perreault: I agree with Council Woman Strader. When I first started thinking about this I never had in my mind units that would be movable. It always was a permanent type of setup. The challenge with creating it such that it's movable is if you have a neighborhood to maintain and you have folks that can literally drive off with their home, how do you require folks to pay their monthly fee? You know, it's -- it's difficult to drive off with a manufactured home, but not difficult to try it off with a tiny home. So, how, then, do you enforce the cost that would be collected for everything else the community needs, like the road, like the landscaping and whatnot. So, that would be -- that's my biggest concern and -- and that's not something that the city would do, but it's certainly something that would be -- that wouldn't be beneficial to a resident that was trying to run one of those communities. Hoaglun: All right. Good -- good comments. Caleb, are you good with that? Hood: Yep. Definitions will definitely be key in that one, too, so -- okay. Density bonuses and what -- TDRs, transfer of development rights. So, this is something that so far in Meridian's history we really just haven't had a market for this. A lot of times density will be left on the table even. You get them from time to time now or -- or a developer comes in right at the top of the maximum allowed density, but this concept allows you to take density from one part of town or across the street or whatever and use that up and not apply it over there. So, a lot of places outside of Idaho use this as -- as stated in the memo. Again, like the last one, this would be more a volunteer program. It's not something staff envisioned us requiring to set aside a certain percentage, but what you could do -- this concept would be say just, you know, eight dwelling units per -- per acre is the maximum. You could potentially say, well, we want to incentivize affordable housing, so we will give you two more dwelling units per acre -- we will give you up to ten, provided those two, then, are set aside for affordable -- again, however you define affordable. So, that's kind of the idea here is you allow something in addition to the buy right, because they are providing something that your community has said is important that's above and beyond and supersedes the kind of base zoning or density requirement. So, just a thought. I kind of put it in there. You got to read between the line a little bit. It works in some places and doesn't work as well in others, so it -- kind of even back to the point of, you know, there is a lot of savvy folks in Meridian, they have bought into our Meridian City Council Work Session December 20,2022 Page 25 of 33 community, understanding the rules and now you could potentially change the rules and said, well, I thought that was going to be three to eight dwelling units per acre, now you are going to allow ten there, that's not what I signed up for. So, it is sort of a -- I'm not saying it's a bate and switch, but this would potentially open that up to go above and beyond what our comp plan shows for an area and those types of things if you do allow something like this, but that's the concept anyways. Borton: Mr. President? Hoaglun: Councilman Borton. Borton: I had big reservations of that for that very reason. Look at all the tools. All the tools don't -- aren't of equal value and I thought that one was very concerning for that policy reason. Strader: President Hoaglun? Hoaglun: Council Woman Strader. Strader: I am more open to this only in the context of multi-family. I think if it was specific to multi-family in certain areas where we want density and if we felt it was consistent with the comp plan, like if we had targeted like a couple of corridors maybe near the interstate, maybe Eagle Road and we said, okay, for multi-family developers that want to set aside ten percent of their units as affordable, you know, maybe we change the height restriction, for example, or something like that to allow them to put more units. I don't know. I'm more -- I'm really only open to it in the context of a multi-family apartment context. I don't think it fits well for the comp plan reasons in any other kind of housing type. Hoaglun: Go ahead -- Cavener: Oh, sorry, Caleb. Hood: I was just going to say one more -- sorry, Mr. President, if that's okay. Hoaglun: Yeah. Go ahead, Caleb. Hood: And Councilman Cavener. Sorry. One of the notes I had was if there is any legs behind this was to really stand up any kind of a sub committee, this is one of the ones I mentioned in the beginning to Bill and we talked about maybe having like a Caleb Roope, somebody that does this type of thing, you know, in other places and even here -- develops here to say, hey, this will and won't work or likely to work or won't in your community, so talk with some of the Clay Clarleys and the Caleb Roopes and some of the others that kind of do -- this is their world that they live in and kind of get some of that feedback. I guess it's not explicitly stated here. I used maybe a bad example of R-8 to ten. I think most of us probably would be in the more multi-family realm than just a standard single family subdivision in R-8. So, I apologize if I kind of got us off on the Meridian City Council Work Session December 20,2022 Page 26 of 33 wrong track there. I did envision more -- higher density anyways. I don't know about multi-family, but higher density. Perreault: Council President? Hoaglun: Mr. Cavener, did you have a comment? Cavener: Yes. Thanks, Mr. President. This one, again, I think is -- is created and nothing is guaranteed, this is something that comes before the Council, volunteer base by -- agree would largely fall into the multi-family piece. Certainly I think that this Council would be open to at least a conversation about that if was, you know, happening in single family resident zoning. So, this is -- I guess this is a lever that I wouldn't want to restrict, but it's not necessarily the first one that I think that we should be running to hold. Hoaglun: Council Woman Perreault, did you have a comment? Perreault: Thank you. I have had conversations with developers and builders in our area that have approached me and asked would it be helpful if we considered doing that and the question that always comes to my mind is I don't know how we -- how we regulate it in the sense of, okay, we have allowed you this benefit, now we are just going to trust that you will always have those set aside in perpetuity, because you have this benefit, that's -- that's my only hesitation with it. I really don't love the idea of -- I like the idea, I just -- I don't know how we -- you know, with -- with -- with federal housing programs, you know, they -- there have to be -- there has to be documentation that's sent in for the approval of -- of rents; right? Or rent or rent discounts. But in this kind of situation it just -- I -- I guess you can -- can you do a deed restriction for that? I don't know how that would work. Hood: Yeah. Mr. President. I don't know that we will figure that out today, but it can be done. So, not to say that there might not be some investment, you know, to have staff up and have somebody that checks, you know, income verification and that you are whatever you say you were going to be in perpetuity or 15 or 20 years. A lot of them are set up that way, too. Hey, kind of like CDBG, the first ten years as long as you are doing it for, you know -- then, you know, they can be at market rate after that, you know, or whatever. I mean you can structure it different ways I think is what I'm trying to say and I think we can overcome that hurdle if this is a concept -- again, it may take additional resources, but we would need to -- we can't just bluff, we will have to have some type of income verification that you are renting to who you said we were if we are going to give the densities, but it -- it -- it is done. I think the model is some of those federal programs; right. And we will probably use that to say, yeah, provide us with similar things and we will verify it, instead of sending it off to DC, but -- so, it sounds like there is some -- at least some initial -- we will see where it goes. I know Councilman Borton had some more initial concerns, but at least we will put something together. Nothing's going to happen overnight, but at least have some more conversations on that one. Okay. Missing middle. So, this one again is just kind of a definition. So, I put it in there a little bit, you know, on the slide. You know, a lot of times these are your-- your triplexes, your duplexes, your four-plexes, those types of -- of things and I put it -- this is kind of interesting, right, like 80 percent of our housing Meridian City Council Work Session December 20,2022 Page 27 of 33 stock is single family and roughly the other 20 percent is multi-family. We really don't have a whole lot of duplexes, triplexes and those other kind of -- again, what's commonly now referred to as middle -- missing middle housing. Our PUD ordinance is vastly underutilized these days and so that's one of the things that we are already looking to do is -- in fact, Mr. Nary and some others on his -- his team have been having meetings with a developer that wants to add another -- a PDD ordinance and we are talking about the PUD ordinance kind of at the same time, because I -- I just -- we don't get them anymore and so it's outdated and needs to be expanded. So, this may be a way to further that conversation through an updated PUD ordinance. Again, cluster housing is one of those things where -- and this goes back to everything that was -- what we said before still stands. The fire marshal needs to still be able to pull hose and get to those units. But maybe you can cluster some of these units together, provide amenities and open space and in nontraditional kind of layouts with streets and those types of things to create a different housing choice. So, this is really about providing more options and housing. Don't know how much they may cost. They may be more than your -- your average -- a single family home. Probably less depending on what it is. But, again, this one's mostly about options, because we don't have a lot of options and I guess maybe you can read the rest of it on the slide. I don't have any other notes to call it on this one, but this is something to at least come up with. Oh, I did have one more -- so, COMPASS did generate a report earlier this year, too, that -- that looked at missing middle and some things that communities could do. So, that's one of the resources here that we will be looking at further as we --for this conversation, as long as there is some interest in Council of staff spending some more time on this. Hoaglun: Okay. I don't think there is any objection. Hood: Okay. Waivers or exceptions for affordable housing. So, again, this is affordable housing projects, not just every project, but this would be a project that has some affordability element to it. So, again, this could be relief from the standard code. And, again, that relief could be talked about in any of -- a lot of the other categories as well. We have talked about parking already. Density already. Haven't really talked about lot size so much or height or some of those other standards and, then, I have got it written in there as case-by-case negotiation likely with the Council being ultimately the -- the decider on that. But, again, this is a way to --to --to maybe encourage affordable dwelling units is to have some other waivers or exceptions to, again, those standards and this would be, again, for new subdivisions, obviously. Not -- not -- not existing subdivisions, but new projects. Perreault: Council President? Hoaglun: Council Woman Perreault. Perreault: Caleb, I probably haven't seen a PUD application since the beginning of my time at Planning and Zoning, so would you remind me of how that operates differently than what we do with the DA? Is it because -- is it because they are requesting elements Meridian City Council Work Session December 20,2022 Page 28 of 33 in the development that are technically a variance to our current standards? Is that why it's done that way? You don't typically do that with the DA contract, but -- Hood: Yeah. It's -- I don't know that I would quite phrase it that way. So, here is how will say it. In some of the original intent with the PUD was to preserve or protect an existing natural -- could even be man-made amenity on a site. So, you have got wetlands or something and you say, well, okay, we -- we will keep that, but that's at a cost. I could just go fill it in and build houses over it, but we recognize that. So, if you give me some relief from some of the other dimensional standards, I would like to build my homes up around that. So, yeah, a variance or an exception, alternative compliance. So, instead of having the description for the project say relief from this, relief from that, relief from the other thing and a variance, it is a PUD. So, it's essentially what you said, but there should be some -- at the -- at the heart of it there should be some -- something they are trying to preserve, protect on the site that sort of says, yeah, consider that, instead of just your standard 8,000 square foot lot, 8,000 square foot lot, 8,000 square foot lot with 60 foot of street frontage, because we are -- we are building this thing that, again, still within the -- the overarching rules of our code, just there is some relief from some of those things. So, yes. And, then, again, this one is -- yeah. So, you wouldn't necessarily have anything you are protecting, but you are providing the affordability aspect potentially is kind of a thought here. It kind of kicks you into PUD. The purpose of it would be to allow exceptions to some standards when you are coming forward with an affordable housing project. Strader: Council President? Hoaglun: Council Woman Strader. Strader: I'm -- I'm open to this one generally. But, again, I think it works better on multi- family. Not that we couldn't I guess in theory, I just -- I think it get -- there is -- there is -- there is a real issue with the comp plan I think to some extent of -- and I don't think we would really see a lot of affordable housing projects in a single family space, but we could. I -- I just -- I think we get into more comp plan issues when we stray from multi-family for affordable housing. But I don't know. I mean it's kind of a really open idea. It's case by case. Involves a lot of discretion, so -- I don't know. It would be interesting to get feedback from developers on what they think and see what the -- you know, what they are -- if they are thinking that there is something here or not. Hood: I will just say I haven't talked to our developers necessarily -- Mr. President, if that's okay. Parking is one of the things; right? I mean that takes up a fair amount of land to park and so that is one of the standards listed here and I'm trying to not talk about the ADUs, because I heard the concerns there. But with a new project and having, you know, two cars in a garage and another 20 by 20 pad, boy, you just ate up a third of my lot, you know, with just --just the parked cars. So, that's one of the things that I think is really kind of an emerging trend, if you will. Maybe not in Meridian. Maybe not even in Idaho. But in the nation is really looking at your parking standard. So, if there is something with an affordability component that you give them some land area back to maybe two or three lots, now I can build the fourth unit, instead of having garage, garage, garage, driveway Meridian City Council Work Session December 20,2022 Page 29 of 33 -- yeah, there is still maybe a garage, but maybe it's only a one car. So, I will just say that and I -- and this is me, again, not polling all developers, but parking and the area that it takes to -- in our code to park is a concern, because that eats up the land area of a lot. Strader: Council President? Hoaglun: Council Woman Strader. Strader: Yeah. No, that's actually really helpful example to try to think about it. Okay. Hood: But I didn't hear any major -- I mean we will think about it; right? Again, nothing -- I'm not doing underlying and strike through tomorrow and coming back to you right away, but at least we will see what other feedback we get from others and you can change your mind later. If that's something we don't want to do at all, then, we can say, well, we -- we talked about it and that doesn't fit. So, this one -- and I don't know how I got into -- I didn't call it out as tier two, but there is -- I'm in tier three now. So, longer term. So, this is -- this -- these are some things I'm not really -- we can maybe even talk about them, but these are something that I don't think is even this next year. I mean this is something I think we continue to evaluate and, again, track, but I'm not proposing right now, unless I hear otherwise from -- from Council. So, there is a big push -- in fact, there is -- I don't think I brought it, but -- oh, maybe I did. If you guys have seen this. Kicking the S out of SR FFRS FIR zoning. So, single family residential zoning, a lot of communities -- Boise talked about it; right? They are kind of taking some steps back now. But single family -- you know, just residential is residential. I don't think that's right for us now, but something to track. There is definitely places in the country that are saying homes, town homes and apartments -- a dwelling is a dwelling. So, why are you saying single family? Why can't it be two, three, four. So, again, I'm not going to spend more time on that unless you guys want to. So, it's something to keep tracking, but there are several communities -- a lot of them mostly more metro than we are currently that are removing that from their zoning codes and, then, state code and some of the stuff there we have talked about this before, too. There is some things that are -- that are happening in the legislature and maybe some more things ahead. So, this is one, again, that maybe isn't even our code related, but depending on what happens at the state -- State House, maybe they do -- I think we talked about this in the spring when I was here, but in Idaho it's -- it is illegal for us to require that a developer set aside a certain percentage of affordable housing units. We are one of the few states where you -- you just can't require that. They could offer it and they can propose it and we can memorialize that, but we can't require that. Maybe that changes. I'm not holding my breath. But, again, just something to kind of track and see what other tools may come online. There is the housing -- what was that? The bill that was passed this last year? There was 70 million dollars for the Housing Trust Fund and just things like that that maybe there is some other things that we can do over time. So, I'm not going to spend a whole lot of time on those tier threes, just letting you know that there may be some more things in the future. And, then, I think someone asked -- maybe even at one of our last UDC -- or our last code amendments for the UDC focus group. So, I thought I would just include that in the -- and, then, you -- you know who actually is passively making some recommendations to you. We try to gain consensus from this Meridian City Council Work Session December 20,2022 Page 30 of 33 group. It's not always a hundred percent. Usually you will see a developer or two that are like, hey, yeah, we participated. This one didn't quite go our way, but -- or we would like more changes or whatever. But, anyways, just thought I would show you -- and appreciate the volunteers that -- that help us have these conversations and vet them. To Planning and Zoning and, then, back to you. So, I'm -- I'm open to maybe another member or two or subbing a couple people out if -- if they are done. We have had -- several of these members have been with us for a long time and I appreciate that institutional knowledge, too. I don't want this to get too big, though, because it gets a little unwieldy with too many members. I think that's about the right number. But if you want to e-mail me or whatever -- another member or two, we would probably stand to have another -- Cavener: Caleb? Or, sorry, Mr. President? Hoaglun: Councilman Cavener. Cavener: Thank you, Mr. President. Caleb, looking at this, you know, obviously, the names are -- are largely industry driven. Are there any -- were there any citizens, you know, past Planning and Zoning Commissioners, current Planning and Zoning Commissioners -- was there anyone that was -- I guess maybe not fall under maybe the industry category that expressed some interest in participating, but just didn't for any reason? Hood: So, I have -- Councilman -- or Mr. President. Sorry. Councilman Cavener. So, Annette Alonzo is a citizen rep. That is her role, if you will. So, kind of two things. So, this is our UDC focus group. I need subject matter experts on this. I do not need or want someone that doesn't play in our code, if you will. So, I need people there. This is a technical review group. For the housing component I will kind of back off from that statement; right? So, if there is someone else from just the community that you want to include on a shorter term to -- to jump into this, I'm totally open to that and I think that makes some sense. We get into the weeds on this and you need to have a baseline understanding. We can't wait and bring somebody up to speed on, you know, our parking requirements for multi-family if they don't know and -- and that's -- honestly that's what happens is it's a lot of education for new members. So, past P&Z members looking at this. No, I don't believe -- although Kent Brown may have volunteered at one point in time as a P&Z commissioner, so -- but -- but, yes, they are largely engineers, architects, developers -- good cross-section there, but, yes, special -- certainly specialized within development community codes, architecture, engineering. Cavener: And, Mr. President, if I may? Caleb, I -- I completely get -- it's not necessarily your job or this committee's job to educate our citizens on this process. That's not what this committee is for. I -- I do think there is maybe a missed opportunity, though, to do some baseline leveling up with some of our citizens who are really active and engaged in these issues and, you know, to have one, quote, unquote, citizen member and, you know, you can make the case, you know, Ashley Squyres has a unique perspective. I mean all of these members have a unique perspective, but what it could easily feel like to our, Meridian City Council Work Session December 20,2022 Page 31 of 33 quote, unquote, citizen member is that it's them versus industry and I think that's not something that we intend for this committee to be, but I think if we could add some additional citizen voices and recognizing that that's a little bit more work for you and probably a little bit more frustration for this committee, I do think that the end work product would likely be better. So, just food for thought. I -- I -- I think we would be better served with a little bit more citizen input in some of this. Strader: Council President Hoaglun? Hoaglun: Council Woman Perreault -- Strader. Strader: Yep. I agree with Councilman Cavener. I understand the -- the issues that that creates, but I -- I think it's unfair -- like I feel like expecting one member of a committee this size to sort of carry the water for, quote, unquote, representing the citizens is not fair. I -- I don't think one person is enough. I -- we have several community members that although they are self educated and they may not develop property on a regular basis, they definitely have delved into our Comprehensive Plan and really -- I mean I hate to volunteer one of them, but I'm thinking of people like Melissa Bernard or other folks like that that have really gone through and done the work to understand our -- our Comprehensive Plan and our code. So, I -- I think there are -- I think there is an opportunity. I think there are folks who could do it. Not to clog it up, but just to add, you know, a little more balance to this I think would be a good thing. I don't think it needs to be 50-50, but just having one -- you know, one or two. I don't know. One person especially doesn't feel like a lot. Maybe former P&Z commissioners. I think that's a great idea. You know, that -- that could really bring you some people that are qualified that -- I don't know. I -- I just -- I think it's good to get diverse perspectives on -- on the different angles of looking at these topics. I think that ends up serving us better in the long run. So, I agree with his comment that there might be an opportunity there. Perreault: Council President? Hoaglun: Council Woman Perreault. Perreault: As we mentioned at the beginning of the meeting, the big picture topics and, then, we have really specific detailed code topics and so maybe there is -- there are two groups. We leave our UDC group and -- and they kind of tackle what we know will be specific code changes and, then, we have another committee -- citizen committee that talks about the big picture effects of changing our housing code. Waiving fees. All -- all of the things that don't require industry knowledge, but could be, you know, discussed. So, not that we -- not that we want to go out and have a project as big as our comp plan, but I know we had a lot of different types of groups that were reviewing that on the city's behalf and this is a big topic and it is a long term topic. So, just a thought there. Hood: Okay. So, just, Mr. President, I guess in conclusion, then, again, I just heard one name or two. But send me those. If you have a couple of other folks and, then, we will talk some more maybe logistically how that works, but -- some of this group that merges Meridian City Council Work Session December 20,2022 Page 32 of 33 with the new group and new committee, because I do think standing up -- these people -- a lot of the folks on this list probably aren't even interested in what we just talked about. This is our standing committee that talks about all things UDC. So, everything in the code that ever changes we vet through this group. This is a little more specialized and so I would like to have some -- for some consistency some folks that are interested in that, merging them with two, three, four names that you give me or whatever and just kind of standing up on an interim basis this group and, then, maybe one or two of them or whatever, you know, stays on as -- as this group continues to meet. I'm not totally opposed to that. And, again, the couple's names and faces. I think they would be fine, but I just want to be careful with that a little bit. There is -- there is a time and a place for the public involvement and I could get it. That's not just general public, those are people that are engaged and know what's going on. So, I got some -- some direction. I think that's largely, though, what you are going to see or hear from me in the next several months is just working with this group to kind of put some more meat on the bones you gave me tonight and bring something back. We haven't even talked timeline. I don't know what that looks like. But sometime in 2023 for sure some initial take on what -- where this is going and go from there. Unless, there is any other finer points you want to give me in that or an expectation. Sooner rather than later. I just don't know where this is going to go. So, I hate to commit to something more than that. Hoaglun: Okay. Any -- Caleb, appreciate your work on that. Glad we finally got to you and went through this. Any -- any other final comment by Council Members? I -- I did want to enter into the record -- I failed to do so at the time, but I do want to do it now, and that is Councilman Joe Borton joined us at 4:37 p.m. So, he was here. Perreault: Council President? Hoaglun: Yes, Council Woman Perreault. Perreault: Actually, I would like to say thank you very much to Caleb for all the time he has spent on this. To Council for being here on the week of Christmas to have this special meeting. I really appreciate the time investment, the interest, the conversation. I think it is doing a good service and a justice to our community, who is having these conversations in the media and on social media and in their homes. I think it's really beneficial for them to also see their elected officials doing the same. So, thank you very much. Cavener: Mr. President? Hoaglun: Councilman Cavener. Cavener: I just --just maybe two things to add. One, Council Member Perreault, I want to thank you. You have kind of kept this on simmer for us and have kept our eye on the ball on this, as well as staff, and so appreciate your good work and I guess, you know, kind of when Caleb was talking, he's got to put together some timelines and figure that out. My hope would be is that maybe at least at a bare minimum that we are talking about this maybe a month before we start jumping into our budget hearings. So, that way if Meridian City Council Work Session December 20,2022 Page 33 of 33 there are any budget impacts that we have at least had the opportunity to consider some of that before we go into that. I know the Mayor is not here tonight, but I know he is, obviously, watching and paying attention and so making sure that this gets routed to him as well, so that there aren't any surprises for him about some things that we may want to see in the future budget. Hoaglun: Thank you, Councilman Cavener. Anything else related to this subject? If not, do we have a motion to adjourn? Cavener: So moved. Perreault: Second. Hoaglun: We have a motion to adjourn. All those in favor of signify by saying aye. Any opposed? Happy holidays. We are adjourned. MOTION CARRIED: FOUR AYES. ONE ABSENT. MEETING ADJOURNED AT 6:09 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Mayor Robert E. Simison 1-3-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 1-3-2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 6, 2022 City Council Work Session Meeting Meridian City Council Work Session December 6,2022 Page 27 of 27 Simison: Okay. All right. Cavener: Sorry, Caleb. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn the work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-20-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 12-20-2022 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 6, 2022 City Council Regular Meeting Meridian City Council December 6,2022 Page 58 of 58 Simison: Is there further discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Anything under our future meeting topics? Or a motion to adjourn. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-20-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 12-20-2022 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Request for Contingent Approval of Beer and Wine License for The Happy Hour Homemaker, located at 132 E. Idaho Ave. City Cleric's Office ► Alcohol Beverage V 1D1AN1;_-0-_-_ License Application C� IDS I4i Applicant FileV\t Isclo #: Date co pie, a application received: Date license issued or denied: 12 2 202.2 Applicant Staff APPLICATION REQUIREMENTS: Completed application A plicaflon Fees: Beer—On premise consumption(Includes retail sales —$200.00 Beer- Retail sales only-$50.00 Wine—On premise consumption/retail -$200.00 Liquor by the Drink(Includes wine -$562.50 Floor plan of licensed premises Copy of Idaho State license to sell/serve alcohol Copy of Ada County license to sell/serve alcohol STAFF USE ONLY: City of Meridian Legal Department a royal City of Meridian Police Department approval City of Meridian Fire Department approval City of Meridian Building Department approval City of Meridian Planning Department approval City Clerk approval THIS APPLICA TION SHALL NOT BE CONSIDERED COMPLETE i UNTIL STAFF HAS RECEIVED ALL REQ UIRED INFORMATION. 1 i Meridian City Clerk's Office—33 E.Broadway Ave.—Meridian, Idaho 83642 Phone:208-888-4433—email:cityclerkCg_meridiancity.org Website:http://www.merldiancity.org(updated 12119) { City Cleric' s Office E IDIAN ��-- License Beverage Application AHO APPLICANT INFORMATION Applicant namev6 FP2, -I C2 l � `�C (> Phone : � 0( 0 �� i n -r Applicant mailing address : _ �� c, .) , 'I i uno, A e, Pt)1 a 01109 Applicant physical addr z- �p, cvLQ QS Applicant email address : . ' 1 Name and physical address of agent upon whom service of process may be made in Idaho (person responsible for receiving legal documentation on behalf ofApplicano C11 Cc, CO PREMISES INFORMATION .- Name of Business on premises : Q% bU Physical address of premises : 1 Z - e 1 'I o Phone number of premises * 1A b 3�lu oa a 1 IP t Within 300 ' of school or place of worship : ❑ No L$ Yes (attach explanation if necessary) 4 Applicant's interest in property : ❑ Own 21 Rent ❑ Other ��1�"C Premises owner name e,\i e, �� A gc,.nLQ Phone : Premises owner mailing addresse E 71ogis Qk Rn WOU a Meld CA Ilan bb 3W ( D Premises owner physical address : _ cJp me CaS (I bbVP BUSINESS INFORMATION Nature of business conducted at premises : UNI epagi cl Pho [,I)RO Hours of operation : �J ' ) b loQ &, • cam, {- • QN n I Type of Alcohol Sales : (circle)(Bee Wi Liquor Hours of alcohol sales : _ O ) - 10 WQ6 �� . EYl j , Ll n # Applicant is aware of Meridian City Code Alcohol Server Training requirements . M'AL (www.meridiancity.org/CityGovemment(City Clerk/License and Permit Applications/Alcohol Licenses) I i Meridian City Clerk's Offlce � 33 E. Broadway Ave, -- Meridian, Idaho 83642 Phone: 208- HA433 ~ email: cityderlc(Mmeridiancity org Website: http://www. merldIancity.org (updated 12119) j POWER ENGINEERS SMEETNUMBER: OF PROJECT. PROJECT NUMBER: SUBJECT, BY,• DATE: CHECKED BY: (� DATE. t • f t, E ilJ _ 0c i . . THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED Wise t y EE? '1 � _ /' 1 .r ij1 r t1 � ' � r r 1 Sti ; ((rrnS}�JF.m�llll ((fr( 1u11UGffni tj er allll (ffrun 4 trf .,,��all (Rm(a,�i�� F,ual� (frrrur, � tT la�ll ((ffu [� �� 11�111 ( `.' ui� f(fi p4 . (nw.. n/n.,, , (frr((ln, . h,... . . ....iam umo V. • .j'°',0,nin non/?6y, '. �°..,�nm {nr `•1. ,�a1,., nln,, .a„Hw �yo/M1w .,r.,111 (�((niw. �..a�H�l me *else 5 d M m N o Rf N L o �rrrry„ c O N M E N z' (0 ;`; ,� N 21 ' List U) N J y if U C Z Its w O F a j ((fq((�,>�'f U N � Y € .,Wahl { 4 � Q • .. ,,,a1 uj F a, CDa , (frailetil, _I O U O a N O �l. o _ Q N sel li O lJ� ff . 9 O . O o N l .. WII soon am d vow 0 CD a • ' o W ; Lo _ 54 FU r' L LMG� loss AM ! d. pp Q III 000 Ar "Al ` ,o O O t wJy�� .-� O p Otiti : O b o CD CL N CL b � ` r Vilifies 'tlYJJ)`++!! 4 ' � o Ef3 O N� N N O O O z� N O(N 0 PipW 4% Z >- �— } ZZZ } ZZ LU Its Lo G' » M Z p , N rq OV CQ O �f° 111 ram, Nelln :3 fii m toI tZI a) pit r O 10 O reffill O NO m vyjj� Z �' N N .0 C O 0 4 . O O C !n � -a ►3 UO' J+ p E+mmmmo a) W o p ll ' i , N O O C C O O 0 N >" U wi wit: (Pfnra .,„p0ll no' L'^ .*n ,:.,a,. :oi" �m •.,�:f' aw..��. ..;,h am.:,.�F . - _ .;�� nn .; .u,m - . �� Vun�.- .,y, . �W mi l/J ' , : , . iao: . . n )��.�, :,, i,�r•" ;, ��;:�p i J)) ll d � J)) 111 F +� r'� J,l � '� J) llll ,{ 1 J)) filj •, J) ll\ JllJ 11 qJ � � l\\111 }j!! ) l djjff s ll jj)j )) ll1(( J)) ll' � i6p: J 3 9Ji' i J J 3SN3011 SIHl d0 *I3JSNbM HO 31VS NO:I 301S 3SN3I 33S 12/14/22, 11:27 AM Section 23-1011 B—Idaho State Legislature 19 Idaho Statutes Idaho Statutes are updated to the web July 1 following the legislative session. TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 10 BEER 23-1011B. BARS OR TAVERNS NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS. No license shall be issued for any place where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises, except with the approval of the governing body of the municipality; provided that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing came therein. History: [23-1011B, added 1978, ch. 349, sec. 1, p. 913 . ] How current is this law? Search the Idaho Statutes and Constitution https:Hlegislature.idaho.gov/statutesrules/idstat/title23/t23ch10/sect23-1011 b/ 1/1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Acceptance of Withdraw of Land Use Application (H-2022-0051), Klein Huis at Victory and Meridian //�v ALPHA DEVELOPMENT GROUP November 28, 2022 Sonya Allen City of Meridian /Community Development 33 E. Broadway Avenue Meridian, Idaho 83642 RE: Withdraw of Annexation/Conditional Use Permit Application H-2022-0051 Dear Sonya, Please consider this letter as a formal request to withdraw application H-2022-0051 from the city staff's consideration. This application requested annexation into the city and a conditional use permit for the 16.81 acres of land located at the southwest corner of Victory and Meridian Road. Feel free to contact me with any questions related to this request. Kind R gards, Brad Watson CC: Bill Nary Bill Parsons 166 East 14000 South Suite HO, Draper, UT 84020 1801.708.7048 1 www.live-alpha.com E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Gander Creek South No. 3 (FP-2022-0026) by Kent Brown Planning Services, generally located south of W. McMillan Rd. on the south side of the Five Mile Creek, west of N. McDermott Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 13, 2022 ORDER APPROVAL DATE: DECEMBER 20, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 75 BUILDING ) CASE NO. FP-2022-0026 LOTS AND 10 COMMON LOTS ON ) 13.77 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR GANDER ) APPROVAL OF FINAL PLAT CREEK SOUTH SUBDIVISION NO. ) 3. ) BY: KENT BROWN PLANNING ) SERVICES ) APPLICANT ) This matter coming before the City Council on December 13, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING GANDER CREEK SOUTH SUBDIVISION NO. 3, LOCATED IN THE NE 1/4 OF SECTION 32, TAN., R.1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022,by CODY M. MCCAMMON, PLS, SHEET 1 OF 6," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUBDIVISION NO. 3 FP-2022-0026 Page 1 of 3 approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 13, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, Kent Brown Planning Services, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUBDIVISION NO. 3 FP-2022-0026 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 20th day of December , 2022 By: Robert E. Simison 12-20-2022 Mayor, City of Meridian Attest: Chris Johnson 12-20-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 12-20-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUBDIVISION NO. 3 FP-2022-0026 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 12/13/2022 R f DATE: jffi ; A TO: Mayor&City Council ""r""Ti Am EE FROM: Sonya Allen,Associate Planner 208-884-5533 Fivemoh9 Q,ek SUBJECT: FP-2022-0026 Gander Creek South Subdivision No. 3 w LOCATION: Generally located south of W. McMillan Rd. on the south side of the Five Mile - - -- - ---- Creek,west of N. McDermott Rd.,in the L NE 1/4 of Section 32,TAN., R.1W. OWYHEE HIGH I. PROJECT DESCRIPTION Final plat consisting of 75 single family residential building lots and 10 common lots on 13.77 acres of land in the R-8 zoning district for Gander Creek South No. 3. IL APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Dr.,Meridian,ID 83642 B. Owner: Open Door Rentals,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0013 —Gander Creek South Subdivision)in accord with the requirements listed in UDC 11-613-3C.2. Because the number of buildable lots is one(1) fewer and the common area is greater than shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page I EXHIBIT A V. EXHIBITS A. Preliminary Plat(dated: 5/13/2019) .- :1 � I Cp a' �lrTLt kl_ 1.;' 'FIFFT IMAF% :tm j .f _ ''' +�..•� _ 1y.. 5 nl I�r- 7'r-.. �Lr Z,11 EgMEE91w F o 4—1E ii�"".�•"� -._. �� ,7 fl u�U 7 � _ I - 'I•-.: i:4F1�{EH�ff9NC f9,N.4:�iFxE WLE... - - acn e. - i�e..c, c-i a OaFzeillu_M14fOP a r.. ..i�i..us.� `• •..-" RCLI'•+I 1'•,.4R•� c Li.T Page 2 EXHIBIT A B. Final Plat(not dated) PLAT SHOWING GAA[DER CREEK SOUTH SUBDIVISIO-V NO. 3 O' LOCATED IN THE NE 1/4 OF SECTION 32'T.4N., R.1 W.,B0ISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO W MCMILLAN RU. 2141 B 2022 32 33 NOTES: 1. A ten(ID)rent wide Pressure 111191—Ensenent In I—of the Gander CreeN Fl�E 4!f Haneowner's Assocl U.antl u Permonenl Public UTIlllea and P per1Y 01-9e ORfEk ml 1e erebY deaignetetl slang pl let li — n b e Public Right-of-Way g] antl gong all hre°r ls!ones.A lire(5)that wide Pubnc utllltles one Properly NI3V]'M"E 134.93'� '"�� 18 E�8�3, 1 CtM1arv9se shewrnent le hereby deaignoted along each side of Interior lot Ilnea anises 2. Pertlena of 1 Ill,11.16.I]&18,Bleclt 11,Let 11,Hl—12 one ell of Let 12, 9 12 13 - e s,,, 14 O BIecF 12e i ent to and cent1b the AGHC St—M. r Drainage System.three 15 sla ore umhered by d d!II N.e First Amended N r Perpetual Storm Woker 2015-ge Eaaement recR—I en November 10,2015_es Instrument No. k]0 2G15-10311 l Official Recortls of Atla Count V•antl lnc IT, herein by this GANGER CREEK SgITH -�e;_p1p 19 4'}g•N'��_-�-` refrrence es it set r- in r (the-Nester Easemen T),the Mesler Easement and 5d1ROIVISIdJ NO.2 J9(,!0$ •k21T lie slerm welx oreinnge system ore aeaicetee to Acuo purmnnt m secunn BOOK— PAGE N13'07'05'E 15].00-/f �X�R 20 40-2392 Maho Cotle.Thc Mdstm E°semenl Is for the Opera Non antl Mointendna of the Stomn Water Orornage System. 23 22 3. Any Re-Sdb,Nlalsn of this Plat sh°II be In oomplmnce with the moat recently 21 25 19 21 I appravetl Subtlineian Etan.-of—City of Meriden. N7832'S5"W 52.W' 2j O 1B Q 22 I a i 4. This 4evdopment recognizes Idaho Cod<Seclien 22-413,right to farm act,1111 'No,g,mll—I operation.ag-11,...I f°crlity or exp°nalon thnreof shell be 3 h ar became a u ea ce.pri-A er public,by any cM1angetl—d bens er cheat the I been mq neno' heist e[Neis�ea inter d hea op ere nen 1.,mare man HI 10 11 12 13 O 24 I p urvPLAT1m pie(t)a mer.when the Ion,fdcril Im r s not I n,lsence at me 4 IP Ume N began ces�mcted Tne vrovls1a°ps 0 miedsrrt nr ar en not apply i 15 15 1y a 25 Oi N whe^otlon,m alto cults fmm tfha'mpB1� w nagligen ope-J—of an ogncul urcl opez nuiogdee a focllilyo eapon' thereof.' t lY,B Q 26 l o 5. Meinlenanre of o y IFlpi—or Drainage pipe or ONch cr sing a lot Is the S]5')755"E 197.Pl' it �� @0 �4CK �z Yn& aponei6ility of the lot owner unless such re p nsib,IEy is cb.—d by cn 1 DR. 1 2] I rtlgdlicn/Crdrn°ge Olslrict. N14'S2'02'E 4].00' L1 no I S]59'MFE MAY � O ® �#s 6. Irrigb—wets,M1es been preritletl by Nerrpo K Nsribisn Irrigetien Oietnct in 589'26147"E fl---2 j _ - _� qT�w comeplionce wiLM1 doho[ode Seetion]I-]fl°S('(h;.Lots w in the subtliNsi n wit 38,1 tit EET 3 J O3 ' N8B59'14'W 19T 3' Ain be titled to Irrllgati5n WdlN Rights,and will be Obligdletldfdr Asaessmanls from _ Nampa h V.Hd 1,Irrlgdtlon Oisirict. N90"33'4G"E - RAPIDS, O I Ol'W'4TE 24.99' IN T Lots g k 22,blbek 2.Lot 13.RIl],Let 14,Rloek I Let 14.Rlecl.9 Leta 10 g: 105.99' 3 O D - - ' IN 1y,BI—11,Lots 1&12,Block 12 antl Lot 1,Block 13 are commen lots whicM1 5 6 R. 5 ^I W N56'59'13'W 10AA ah°II be owb.d and KI,t.m.d by the Gontler Creek Homeowner's Aasocietlon.All N93'21'48'W O 15 11 6 © QI ee em n lots om subpcL to o blanket public utility easement and irrigs t for �s 29A5 9 12 13 1 c N-see E ACHE Pen[. ermanent eement lost N. gmeJs6 N09'S3'a8"[�O O 0 0 ca l Q 10].99' 3 1 Y O 9- ACHO License Agreement-See Ins[.Ne.—_--_—__ +m UNPLATTEO 10. City of Al Water&Sewer Eaaement-Sec Inat.No. O 19 O " 11. Lot 11 b Block 2 c cnt.m.e Nampo&Meridian Irrigation District Eeeemenk for ---- 12 13 11mernenanee el the Flre Mlle CreeN as shown. N0112'39"E Vocation si eaisting Ingress/egress easement-See Inst No._ _ £0--- 1 N,00�O 3 NOI�[REEK 1 12 53132'OO�E 17.9y2.14' p 1 5. me emmm elev°non of°u avucter°I foonrga soda be seta mlmmum er 12-rncnea 111 N0T59'S5"E O O ® O OR� _ ]5'OT58"E 2.14' 14. Psrtlensh efhtgFxe atubdlMslsnh atlrenleeeletl wlmin mes FENA de[ermin<e special Flsed 25 8' O9 Hazard Zone W and Zone"II per Firm Panel No.1fi0U1C0140J,effective dote -_• O O 10 11 r 514'S2'02"W 01.GU' 1/4 FFEMAg ond2oll eland with nl oo 5oodploinn is regunloted by2tha Choy of Meyrdiono change by M)9N)• 1 — 12'� 75'07'55'W 29.00' 32 3S "�• _ 1452'02'W 132.00' �fiolac u erw4 g µPL uryQ� l d*aver, s wfixaEn CHUKAR Rit No. LEGEND g 511RDINSION N0.1 —"—"— rv5"'TT SEEESHEET 4 OF& EW 11779 g R00K 122 PACE 1939] i o --- FOR LINE&CUR4E TABLES oa°'tar lo* xwxeas Y�MCLANM exinmv tees xals 141 SHEET 1 OF B nr n9 belts 6 a4�fi J23W I4a �r3�Jelr [noels' Table 100 0 50 100 200 9 �w IxuN enc °a-��'•'"'63 s"`e L'° SCALE IN FEET bu5usnc c"rPlslNtno �ailey Engineering,Inc. 2•ts sTaar .on 1'=100' O Pas�na�wv�css oln�yxisc``xmm CIYIL ENGINEERII G I PL4NNINGICADD Page 3 EXHIBIT A GANDER CREEK SOUTH SUBDIVISION O- 3 ap, �_- i. LEGEND z r um J -h :�� -� xm �_�1_ ,e ;:hz✓;.,� ® � i ------------- HIM o ��ffi g' El f _'Oq smsv �'$ I 50 0 25 50 100 SCALE IN s1.w—7 f Y' 50E N. 5 ET ° p O� ---8G MATO1 51EET] MATOI 9EET] NBS 1BT.T SHEET 2 OF E nailey Engneering,Inc. NOTE: C ILENOINEERINOI PNINNIMGI CARD SEE SHEET/OF S FOR NOTES.SEE SHEETm OF 6 FOR LINE&CURVE AEllE GANDER CREEK SOUTH SUBDIVISIONl ,VO. 3 g >aIFI 1a_-_ sm.�n.aor�_>caA - - , a�.a3 ro ,1gos a nn %� BOO S' — os k a� r%��'' �g�-- 10�--� LEGEND >,.� i:% N g o r a. a1- HBO � AT 4r oL HIM C. 'I OR �p o m .o __ ----CAI— T `V g'6q'=xt":' J R� esi .ape tj� �-� 9 IF A, a - �. �- CIO 0 25 so 100 Dry 'weu..cw9'a A CHUKAR RIDGE SUBDIVISION NO. 1 r ailey Engneering,Inc. NOTE:SEE SHEET 1 IN CINILENGINEERINGIPLANNING CADD 8 FOR NOTES.SEE SHEET .w Page 4 EXHIBIT A GANDER CREEK SOUTH SUDDI4ISIORT NO. 3 C.— � 11779 nQorM Nv�.Nya? SHEET A OF 6 ow alley Engneering,Inc. NOTE: EE SHEET 1 OF 6 FOR NOTES.SEE SHEET CIVIL ENGINEERING I PLANNING I CAan S 4 OF 6 FOR LINE§CURVE TABLES R1° Page 5 EXHIBIT A C. Landscape Plan(dated: 07/19/2021) rob $m[ GANDER CREEK NORTH 21 21 !i - _ - all MR I >I: EXISTING GANDER II. - EXISTING GANDER �i,. i p : .' CREEK SOUTH `l -CREEK SOUTH ¢I a PHASE 1 PHASE 2 GANDER I¢ S CREEK SOUTH 0 a; PHASE 3 _ q i U [ / - I wF Iz d z W MR. Z 7 w W O EXISTING GANDERCal Cl) d rn d CREEK SOUTH I - I w Y 2 Q o 0 d PHASE 2 la a O m ., :a. (n O Z W MCFADDEN DRAM / Q I J o 0 IL U O � w J Noil_S 7 0 ll „_ lid ®JE=SE n sa — Page 6 EXHIBIT A c s`��"'�.-_., PLANT SGHEDULE � gei MrIE -om CRE.-K BPIArEgV� , coc — — az W -... NOTES ez f o N w z o 0 ` r I � N .c � I• � __ `�4� -� © _ENSENlLTB .T ✓z MMATCHLINE Ll — `�-/� ¢ MATCHLINE L2— PLANT SGHEDULE MATCHLINE L1 1 —/^ MATCHLINE L2ag as r! E r i a`R�f OR _ - txn.rewe O I a ` o NOTES W az a d m r N oQr Z x W \� J m KEY MAP F a ®-ENSEnMV! 0 7 Page 7 EXHIBIT A PLANT aCHEDJLF E m VINYL PRIVACY FENCE O TREE FLMTlN6/5TA<lNb ll'il Y 1� 11, Z= 6 Z 5H 5 FLANTIN5 Ld z 07 z a �L) —NIRrTL MolSr ABATEMENT WALLe1L �4 1 1 141"M"IM, > 0 M 1 0 M Ld z > PLANTER GUT BED tPeF W al hill (A ,t rill'...-ioiuls � _j LANLP5r-Af-F— CALCiJLA71CN5 IL x (D McPE "OTT RD(HW IW LANDSCAPE 5UFFFR pill WROUGHT IRON FENGE JENSEN1311! Page 8 EXHIBIT A VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2019-0013; DA Instrument Number#2019-060657). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-613-7. Gander Creek North and Gander Creek South preliminary plats are allowed to develop as one project in accord with the phasing plan for the overall development, per the DA. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering, Inc.by Cody McCammon, included in Section V.B shall be revised as follows: a. Note#8: Include the recorded Instrument Number for the ACHD Permanent Easement. b. Note#9: Include the recorded Instrument Number for the ACHD License Agreement. c. Note#10: Include the recorded Instrument Number for the City of Meridian Water& Sewer Easement. d. Note#12: Include the recorded Instrument Number for the vacation of the existing ingress/egress easement. e. Revise Lot 12,Block 11 to comply with the minimum 30-foot wide street frontage requirement in UDC 11-2A-3B.1,measured as a chord measurement. f. All buildable lots shall have a minimum 40-foot wide street frontage, except for properties with street frontage on cul-de-sacs or at approximately a 90-degree angle,which shall be a minimum of 30 feet,measured as a chord measurement; correct all lots that don't conform. 5. The landscape plan prepared by Jensen Belts Associates, dated 05/27/2022, included in Section V.C, shall be revised as follows: a. In the Landscape Calculations table, include the required vs.provided number of trees along pathways that demonstrate compliance with UDC 11-3B-12C.2. b. Depict a 6-foot tall berm with a 6-foot tall wall on top of the berm as noise abatement along the east boundary of the site adjacent to future SH-16 as required by City Council at the hearing on May 28,2019 in accord with set forth in UDC 11-3H-4D for residential uses adjoining state highways; also modify the detail for the berm. The plan currently depicts a 4- foot tall berm with a 6-foot tall concrete wall. c. A detail shall be included that depicts the centerline(or estimated centerline)of the future SH-16 in relation to the top of the berm/wall verifying it's a minimum of 12-feet higher than the elevation at the centerline of the state highway as required by UDC 11-3H-4D.2. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. d. The 6-foot tall closed vision fence along the east boundary of the subdivision adjacent to N. McDermott Rd./future SH-16 shall be removed and either a use easement recorded across the Page 9 EXHIBIT A back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision,4-foot tall closed vision,or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. 6. The existing ingress/egress easement(Inst. #98106235)for W. Lazy Diamond C Lane and an Idaho Power easement(Inst. #8958920) and any other easements that are no longer needed shall be relinquished and/or vacated, as applicable,prior to signature on the final plat by the City Engineer on the phase in which they are located. The Applicant shall submit copies of the easement relinquishment(s)and/or proof of vacation of the easement(s)with the final plat application as applicable. 7. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. The rear and/or sides of structures that face future SH-16 (i.e. Lots 20-21 and Lots 23-28,Block 2) 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. 9. Install signage at each end of the alleys for addressing purposes for lots that front on mews. 10. All existing structures are required to be removed prior to City Engineer signature on the final plat for the phase of development in which they are located. 11. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11 C. 12. All fencing shall comply with the standards of UDC 11-3A-7C. 13. A floodplain development permit is required to be obtained from the Public Work's Department prior to any and all development within the floodplain. 14. The Five Mile creek,which lies on land owned by Nampa&Meridian Irrigation District along the northern portion of this development, shall be protected during construction. 15. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement(Inst. #2019-060657). 16. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 2. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. Page 10 EXHIBIT A 3. The applicant shall be required to pay required to pay the Oaks Lift Station Pump Upgrades Reimbursement fees in the amount of $185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 4. Ensure no sewer services pass through infiltration trenches. 5. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences, infiltration trenches,light poles, etc) are built within the public water/sewer easement. 6. Ensure there is proper 25 feet horizontal separation between retention pond and water main. 7. A water main connection must be made to the existing 12' water main south of the McFadden Drain. 8. Property removed from SFHA through LOMA 21-10-1997A. General Conditions: 9. 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. 10. 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. 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. 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. 13. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 14. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 15. 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 Page 11 EXHIBIT A more information at 887-2211. 16. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 17. 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. 18. 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. 19. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 20. Developer shall coordinate mailbox locations with the Meridian Post Office. 21. All grading of the site shall be performed in conformance with MCC 11-I 4B. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. Page 12 EXHIBIT A 28. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 29. 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. 30. 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. 31. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). 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. 32. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 13 EXHIBIT B From: kent brown To: Sonya Allen Cc: Clerks Comment; Bill Parsons Subject: Re:Gander Creek South#3 FP-2022-0026 Staff Report for 12/13 Council Meeting Date: Thursday,December 8,2022 1:18:58 PM External Sender-Please use caution with links or attachments. Sonya the developer has reviewed the staff report and we are in agreement with conditions of the approval Kent On Wed, Dec 7, 2022 at 2:01 PM Sonya Allen<sallen&meridiancity.org>wrote: Attached is the staff report for the final plat for Gander Creek#3. This item is scheduled to be on the consent agenda at the City Council work session on Dec. 13th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment&meridiancitv.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Prescott Ridge Subdivision No. 3 (FP-2022-0033) by KM Engineering, LLP., located at the west side of N. Rustic Oak Way, approximately 1/4 mile south of W. Chinden Blvd./State Highway 20-26 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 6, 2022 ORDER APPROVAL DATE: DECEMBER 20, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 78 SINGLE- ) CASE NO. FP-2022-0033 FAMILY RESIDENTIAL ) BUILDING LOTS AND 13 ) ORDER OF CONDITIONAL COMMON LOTS ON 6.82 ACRES ) APPROVAL OF FINAL PLAT OF LAND IN THE R-8 ZONING ) DISTRICT FOR PRESCOTT RIDGE ) SUBDIVISION NO. 3. ) BY: KM ENGINEERING,LLP ) APPLICANT ) This matter coming before the City Council on December 6, 2022 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING PRESCOTT RIDGE SUBDIVISION NO. 3, A PARCEL OF LAND BEING A PORTION OF LOT 18, BLOCK I OF PEREGRINE HEIGHTS SUBDIVISION AND UPLATTED LAND SITUATED IN THE NORTHWEST '/4 OF SECTION 28, TOWNSHIP 4 NORTH, RANGE I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE SUBDIVISION NO. 3 FP-2022-0033 Page 1 of 3 WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 10/5/22,by AARON L. BALLARD, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 6, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE SUBDIVISION NO. 3 FP-2022-0033 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 20th day of December , 2022 By: Robert E. Simison 12-20-2022 Mayor, City of Meridian Attest: Chris Johnson 12-20-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 12-20-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE SUBDIVISION NO. 3 FP-2022-0033 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 12/6/2022 Q DATE: TO: Mayor&City Council U.S. HIGHWAY 26 FROM: Sonya Allen,Associate Planner 208-884-55330 t K PR1 SUBJECT: FP-2022-0033 Prescott Ridge No. 3 g LOCATION: West side of N. Rustic Oak Way, z approximately 1/4 mile south of W. Chinden Blvd./US 20-26,in the NW '/4 of Section 28,Township 4 North., Range 1 West. I. PROJECT DESCRIPTION Final plat consisting of 78 single-family residential building lots for detached homes and 13 common lots on 6.82 acres of land in the R-8 zoning district for the third phase of Prescott Ridge Subdivision. II. APPLICANT INFORMATION A. Applicant: Christen Haisty,KM Engineering,LLP—9233 W. State Street,Boise, ID 83714 B. Owner: Providence Properties,LLC—701 S. Allen St., Ste. 104,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0047)and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots and slightly more common open space depicted on the final plat compared to that approved with the preliminary plat for the subject area. This phase consists includes phases 3 and 6 as shown on the phasing plan approved with the preliminary plat. An access easement is required for the proposed emergency access via Serenity Ln., a private street, in the adjacent Peregrine Heights Subdivision to the west. If an easement isn't attainable, a minimum 20-foot wide emergency access driveway constructed to Fire Dept. standards shall be provided to the Page 1 south to N. Backcountry Pl.between Lots 5 and 7,Block 12; and a barrier prohibiting access shall be erected at the west end of the frontage road. The frontage road may be extended in the future with redevelopment of the property to the west. If an access easement is obtained for emergency access, a copy of the recorded easement should be submitted to the Planning Division prior to the City Engineer's signature on the final plat.Note: The emergency access isn't required to be functional until the overall area of the building on the site exceeds 124,000 square feet or three(3) or more stories in height; however, the access should be planned for and constructed with the subject plat. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 12/22/2020) VICt Nltt MM:1"•4�tl' PRESCOTT PRELIMINARY PLAT SHOWING ZIr— r -�--�� r--°—°�r-p -- r-- APARCEL OF LAND SITUATED INA PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION 28,TOWNSHIP 4 NORTH, II RANGE 1 W EST,BOI SE MERIDIAN,ADA CO LINTY,IDA HO �~ LEGEN❑ C SEIRVEY O�NIRa IM1E5 aanr�.s I °1W�""-I - m a •.a u aau a .ems 4 m araFeac N ® JI 0 NIII�0 m ® $ 6 00 o m O o p ® 0 0 i O�® 'TOTAL OPEN 5 PACE ® m O :.;4. iF .^wu°® ® - ®0 ®® -�"'�:� ® ^• I PRESCOTT RID GE 5UBDPVI5I0N MERIDIAN IDAHO ® ❑ - I- ® ® ® ::, };' ® ' —EE SHEET N ® ® ® 0 B p (elan ® ® ® o a p p o o m o w a«..w E I 5 . -_ --�--- _L m 0 p D m m 0 0 0�0 O ®- ® ®.'_�W. .7 O ® m O� =..«°°� 1= �i PPIa Page 2 B. Final Plat(date: 10/5/2022) SHEET INDEX PLAT OF Book_Page 1-LlI¢GRRN3 M W MD Prescott Ridge Subdivision No.3 T A PARCEL OF LAND BEING A PDRFION OF LOT 18,BLOCK S OF PEREGRINE HEIGHTS Nara sFcrbx� J. SUBDIVISION AND UNPIATTED LAND SITUATED INTHE NOR7HWEST1/40F 9,Er-]R-¢RnrtrJic OF�oyxm SECTION 2E,70WNSHIP 4 NORTH,RANGE I WEST,B.M.,CRY OF MERIDIAN, _ -- ADACOUNTY,IDAHO. 16 wyo>9 28 E'f] rxRNlwiEs oNG errgwNs 1112 939.25'31"E 2]9.95' REFERENCES S L N ]0n,wo]0n.REmRas¢E ea cou—I couxr.In•.w raas (D 6 OS WDW rues RI I R. RFLOR➢¢ 911RIFl .]>o.Pm01m xu I R O E w r OF Mn COUNT'I¢Vr0. 13 w F Nw R 0G qO Ic[19,91ock1 Fe 01Q XeI6HN R] R¢CORR OF SVFTI No. ARt:7R5� mID _ Subtl,ws»„ LEGEND b N 0 FOUND —IHE IS WFEU REO[612 IN,c G uumEOosr¢�-m¢N Rmw rnlx Purnc uP Pe�e�Nxems to = f � ® o,r Er EF= En.9! " s� uyNRec em mR � 599'25'31'E 270.12' C< ••R ex 0 W.WIlnflre Dr. 557'{9'22'E ® �9%w¢N RJR,aN PH.9R�rw NN+Rm ss*6mw RFaRR Wrx w+FGPuttc A ]. w wkRNm 9 s,�trq ke a Q -HI sE] © Im xuu9m u m_o I n' ,m uimi RORxwRr UNE a @ IJNE S xe p]5.31 AJ C 33 cytHF ux[ Q '�' —D e3sDaxr Ssm xmE la ]2/�° gI SURVEY NARRATIVE Nj53113 C 2 17 36 '� N6 In F a io 30 1 29 ° O 2 W.TanN¢r93. ° &DIX2 A ® ® I aLL sybdrvhl xp 1 unPlmed © WERE ET h5 darn nceERn wNNin¢q © ® pe R 7 FOUND lI PPE seER 6 3 1 Op cPaF Ns]Ha a01nb,Ntos 4 9 9 2 fl O O �+ 'f��8'E 233.6J'y° $68'25�31"E 295.0]' A r 1O- O ' ?D 19 ® © © 15 O sg`pfkk'yyr fiLOIXS q 59 33 N]PaE51 SO 2 W.P—chute Dr. N11'31'{{'E 23 'PON I,9N��p J5.39'—N�3y �OTJ� 9 I k:'/ ® © � © _ � 4 D¢Srelap¢r© PROVIDENCE xa3•zs•31"w a9].52• PROPERTIES]LLC. E N GIN ER IvN O N00.3{'29•[ ® Q Merltllan,Idaho rolitlmai�r®a v I ] R 9 lR 12 13 19 IS 51.0' S00.34'28'W ¢ ym �j 300 sF 6mxW y.mm C5 SNb=RN¢R1 NR9'25'31'W 2]OAO' 1208' 16 1] �� 1 Pbn5de:1"ale¢' Page 3 PLAT OF TPrescott Ridge Subdivision No.3 M$ F-77 __ __J w,wnea _g �°®'4 � /a -®�a®°�s � � �� x>m�-_�i �D co, ReoS @ 6 (D 4- P—D, o' .rA PROVIDENCE PROPERTIES,LLC. M6. km 1", 7' PLAT OF Prescott Ridge Subdivision No.3 &M-19MI-141"_1%,-1 11 M1=1 �—N , ro M.T�, I—N l- M' IN III 22 1 11 161 11LI L I All 11,1111 1-I-I ...Lo� -Max,o1-I D 1 H T TI 1 1. T. �UQ,Ire �m ICE D W,gft�Log, L4 N D L lT 12. _ �T- mpg"Il.-1.INMRT.... 'F III =�I��R,8 NFAL RMMM� 1- T'" _) kAj v,EI?T�'21TANZNT I�Ara 1E M-T 11 U_.?&N ANI..-IN. �Pzs Ill III EA11N1 P11.1T N, 11.0 W 77 w w-o 47. PI lm I PROVIDENCE PROPERTIES,U.C. km 11 Page 4 C. Landscape Plan(date: 9/24/2022)&Amenity Details OPEN SPACE TREE-CUTATION(I TREE/8.M SF) 6 -M ff-M TOTAL OPEN SPACE PATHWAY.EE-CU-I.N(—E/—F) L-- j '�mw°�mmhovucf u��xcx.wn� °.v..h0°.¢°.wm.�...w � Jj Y�. TOTAL PATHWAY-ES TOTAL TREES REQUIRED/PROVIDED a=12 v"WM.,W ........... �NDS Ian SAPICFVE�_ ........ —NFO—ON L 1.o ■ U=T'111-11M, -==W JILU -7-1 .... ...... km LANDSCAPE PLAN —K-E Page 5 7— ----------- 'I ��`�s — 1 ` � I •®T•�j °`—_`tom �V� � 4 — T ° % a / LANDSCAPE PLAN it o _ Q _� s� gam• . . � 5 ® ,..s,.�.:..,.� ,., n —`._.Sao.�,�:a.Mu�a�..�.�.,,�.,��a^.,... �V�■ �L3.0 HU .. is 1 2- w ® a- . 5 Hl3 �HL�1 • •xmaxnra\': r • • v [I]t] . mo�H:��x��Fa�.� mxaxnH�oxa��a rs Q --- ,F s TEL ,_ ..� Page 6 AMENITIES A-POOL AND CLUBHOUSE uc.xrr..A. aw. Ll�« �I 13605R BUILDING 54'X3r)'POOL ' "r"�T 17 PARKING SPACES T -- B-LARGI LOT E C-SMALLTOTLOT DOLPARUPOLSITPARK PRESCOTT - E-OPEN SPACE RIDGEfalI[DAM ' p. go a s B D E rY J qp. h,Rga WAS �� I Y".; l v � 4 ZIA A SCHEMATIC CLUBHOUSE �---.r}----,z-o: �:�.- --,-----.--_' B LARGE TOT LOT t SMALLTOTLOT R DDG PARK/ROCKET PARK Page 7 D. Fencing Plan — - I . ° o o � rI � xou 7 •HEIGHT souovlm EENCE / � � Q � w[ g 'HEIGHT SOLI()VINYL FENCE WITH LATTICE TOP x �� O ® r w�Md'VGw � ® 7'p m ® ® ® ® ® r a W KNNCE"EOUIE x neoeo.ne 1 Qkm FENCE EXHIBIT Page 8 E. Common Driveway Exhibit LOT 11 15 A NON BUILDABLE COMMON LOT BUILDING ENVELOPE(TYPICAL) WITH A BLANKET INGRESS/EGRESS EASEMENT IN FAVOR OF LOTS 9 AND 10.BLOCK 10 10' N SIDE IFFFFIFF 20' BLOCK 30 0 7 s� I 10 12 I H 0 o I I m m o wl J Zo � 11 —i m SIDE a 0 F 1 I I J O w O o� 13 w� �F o SIDE T — — o 0 ar• P ' u ef" —\N _ 20' ° s 12 I 1 I I M/ SIDE J s_ 5 SIDE ENG�I xN \° O 12 4� EX2.0 ••.PTgOFIp..�'•• 'Wa - c� — SIDE ,.•••S'K . h'0•L.. \• ,!`� a�' DRIVEWAY FOR LOT B.BLOCK 10 TO BE LOCATED ON THE OPPOSITE COMMON DRIVE EXHIBIT:LOTS 8-10,BLOCK 10 SIDE EOPROPERTYALINE COMMON ogle�� t 0 20 40 60 •�CgADBCA 'Ar d, Plan Scale:V=20' Page 9 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2020-0047, Development Agreement Inst. #2021-132713]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the second phase final plat as set forth in UDC 11-6B-7 in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by KM Engineering, stamped on 10/5/2022 by Aaron L. Ballard, shall be revised as follows: a. Note#5: Correct lot and block numbers to coincide with this plat. b. Note#15: Include the recorded instrument number for the ACHD permanent easement. c. Note#16: Include the recorded instrument number for the ACHD permanent easement(or delete note if this is a duplicate of note#15). d. Under References,R3—include the Book and Page numbers of Prescott Ridge Subdivision No. 1. e. If the medical facility property to the north isn't able to obtain an access easement for emergency access via Serenity Lane, a private street in Peregrine Heights subdivision to the west, a minimum 20-foot wide emergency access driveway constructed to Fire Dept. standards shall be depicted between Lots 5 and 7, Block 12. Note: The emergency access isn't required to be functional until the overall area of the building on the site to the north exceeds 124,000 square feet or three (3) or more stories in height; however, the access should be planned for and constructed with the subject plat. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 10/3/22, is approved. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 7. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 8. Address signage shall be provided at the public street for homes accessed via the common driveway for emergency wayfinding purposes. 9. Common driveways shall be constructed in accord with the standards listed in UDC 11-6C-3D. 10. Structures on Lots 9 and 10, Block 10 shall comply with the common driveway exhibit in Section V.E above. 11. The rear and/or side of structures on Lots 3-10 and 41, Block 10 along N. Rustic Oak Way 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 Page 10 that are visible from the subject public street. Single-story structures are exempt from this requirement. 12. An electronic gate that is approved by the Fire Department shall be provided for access to Serenity Ln. from the south. 13. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the 10-foot wide multi-use pathway proposed along N. Rustic Oak Way as required by the Park's Department, prior to signature on the final plat by the City Engineer for the phase in which they are located 14. Pathways shall be constructed in accord with the standards listed in UDC 11-3A-8. 15. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 16. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the clubhouse and swimming pool facility. The design of the clubhouse is required to comply with the design standards listed in the Architectural Standards Manual. 17. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works 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. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City Page 11 of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must rile an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of Page 12 way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 13 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Prairiefire Subdivision (H-2022- 0053) by Patrick Conner, located at 3539 N. Locust Grove. Rd., near the northwest corner of E. Ustick Rd. and N. Locust Grove Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Annexation of 3.16-Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 22 Building Lots and One(1) Common Lot on 3.16-Acres of Land for Prairiefire Subdivision,by Hubble Homes. Case No(s).H-2022-0053 For the City Council Hearing Date of: December 13, 2022 (Findings on December 20, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 13, 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(Prairiefire Subdivision—H-2022-0053) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 13,2022,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 with the requirement of a development agreement per the conditions of approval in the Staff Report for the hearing date of December 13,2022,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 11-6B-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 11-5B-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(Prairiefire Subdivision—H-2022-0053) -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 December 13,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prairiefire Subdivision—H-2022-0053) -3- By action of the City Council at its regular meeting held on the 20th day of December 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert Simison 12-20-2022 Attest: Chris Johnson 12-20-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-20-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prairiefire Subdivision—H-2022-0053) -4- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for McDermott Village (H-2022-0056) by Boise Hunter Homes, located at 3235 N. McDermott Rd., at the northwest corner of W. Ustick Rd. and N. McDermott Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI �N, AND DECISION&ORDER In the Matter of the Request for Annexation of 40.05-Acres of Land with R-15(17.12 acres),R-40 (15.85 acres) and C-G Zoning(7.08 acres); Preliminary Plat Consisting of 85 Building Lots [81 Townhome,One(1)Multi-Family and Three(3) Commercial] &Eight(8) Common Lots on 40.05- Acres of Land in the R-15,R-40 & C-G Zoning Districts; Conditional Use Permit for a Multi- Family Residential Development Consisting of 250 Dwelling Units on 12.19-Acres of Land in the R- 40 Zoning District; and a Variance to UDC Table 11-2A-7 to Allow 44 of the 81 Townhome Lots on the Eastern Portion of the Development to be Reduced from 2,000 to 1,694 Square Feet,by Woodside Avenue Investors,LLC. Case No(s).H-2022-0056&VAR-2022-0004 For the City Council Hearing Date of. December 13,2022(Findings on December 20,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 13, 2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 - 1 - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 13,2022,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 with the requirement of a Development Agreement, conditional use permit,preliminary plat and variance is hereby approved per the provisions in the Staff Report for the hearing date of December 13,2022, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -2- Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 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 December 13,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -3- By action of the City Council at its regular meeting held on the 20th day of December 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-20-2022 Attest: Chris Johnson 12-20-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-20-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING December 13,2022 Legend DATE: f I�Project Lflc❑iar , TO: Mayor&City Council FROM: Sonya Allen,Associate Planner -- ------ 208-884-5533 SUBJECT: H-2022-0056; VAR-2022-0004 McDermott Village—AZ,CUP,PP, VAR ii �• - -- LOCATION: 3235 N. McDermott Rd. at the northwest �+ corner of W.Ustick Rd. &N. McDermott Rd., in the SE 1/4 of Section 32,TAN.,R.1 W. (Parcel#SO432429360 &#SO432429355) f L PROJECT DESCRIPTION Annexation of 40.05 acres of land with R-15 (17.12 acres),R-40(15.85 acres)and C-G zoning(7.08 acres); Preliminary plat consisting of 85 building lots (81 townhome, 1 multi-family and 3 commercial)& 8 common lots on 40.05 acres of land in the R-15, R-40&C-G zoning districts; and Conditional Use Permit for a multi-family residential development consisting of 250 dwelling units on 12.19 acres of land in the R-40 zoning district. A Variance is also requested to UDC Table 11-2A-7 to allow 44 of the 81 townhome lots on the eastern portion of the development to be reduced from 2,000 to 1,694 square feet. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 40.05-acres(AZ);40.05-acres(PP); 12.19-acres(CUP) Existing/Proposed Zoning RUT in Ada County(existing);R-15,R-40&C-G(proposed) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Vacant/undeveloped land used for agricultural purposes Proposed Land Use(s) Mix of commercial(fuel sales facility&convenience store and flex commercial/office);and residential(i.e.multi-family apartments and townhomes) Lots(#and type;bldg./common) 85 buildable lots(81 townhome lots, 1 multi-family lot&3 commercial lots)and 8 common lots Phasing Plan(#of phases) 3 phases Number of Residential Units(type 250 multi-family apartment units& 81 townhome units of units) Page 1 Description Details Physical Features(waterways, The Eight Mile Lateral runs across the northeast corner of this site and the hazards,flood plain,hillside) Sky Pilot Drain runs across the southern portion of the site. Neighborhood meeting date 5/25/22 History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was prepared by Kittleson&Associates,Inc. es/no Access One access is proposed via S.Rolling Hill Dr. from E. Overland Rd.to the south; (Arterial/Collectors/State and two driveways will provide access from the commercial development to the Hwy/Local)(Existing and west via S. Silverstone Way from E. Overland Rd. (a signalized intersection Proposed) exists at Silverstone/Overland) Traffic Level Of Service Functional PM Peak Hour PM Peak Hour Roadway Frontage Classification Traffic Count Level of Service Ustick Road 1,304-feet Principal Arterial 321 Better than"E" I McDermott Road 1,304-feet Collector* 100 Better than"D" Stub A public stub street is planned to the north boundary of this property with the Street/Interconnectivity/Cros Aviator Springs development(H-2021-0065).W.Endeavor St.to the west is s Access planned to stub/connect to the west boundary of this property when the abutting Flower property(#SO432438850)re-develops. Existing Road Network N.McDermott Rd.,a residential collector street&entryway corridor;and W. Ustick Rd.,a residential arterial street&entryway corridor,abut this site along the south and east property boundaries. Existing Arterial Sidewalks/ None Buffers Proposed Road Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): Improvements • The intersection of Ustick Road and McDermott Road is scheduled in the IFYWP to be widened and reconstructed with design in 2026 and construction in the future. • Ustick Road is listed in the IFYWP and CIP to be widened to 5-lanes from Star Road to McDermott Road with design in 2026 and construction in the future. • Star Road is listed in the CIP to be widened to 54anes from Ustick Road to McMillan Road between 2031 and 2035. • The intersection of Ustick Road and Star Road is listed in the CIP to be widened to 4-lanes on the north leg, 4-lanes on the south, 5-lanes east, and 5-lanes on the west leg, and signalized between 2031 and 2035. SH-16 is planned to extend north/south through this property and an interchange is proposed at Ustick Rd. Anproved MF units Promected West Ada School District Approved lots per per attendance Students from Enrollment Capacity attendance area area Approved Dev. Pleasant View Elementary 614 650 3322 100 970 Star Middle School 893 1000 9667 321 ago Owyhee High School 1785 1800 6229 137 829 School of choice options Chief Joseph Elementary—Arts 200 N/A N/A 4 Barbara Morgan STEM Academy 21 500 N/A N/A • Distance(elem,ms,Its) Page 2 Description Details • Capacity of Schools • #of Students Enrolled • Predicted#of students 73+/- generated from proposed development Police Service • Distance to Police 7.5 miles Station • Police Response Time 6:59 minutes-doesn't currently meet response time goal of 3-5 minutes; however,response times will drastically decline when the MPD precinct opens in the Fall. _ • Calls for Service 313 within a mile of the site between 6/l/20 and 5/31/22 • Accessibility PD requests police access into each building's entry point using a multi- technology keypad • Specialty/resource needs None—MPD can service this development&already serves this area. • Crimes 54 within a mile of the site between 6/l/20 and 5/31/22 • Crashes 8 within a mile of the site between 6/l/20 and 5/31/22 • Other For more info,see Section VIILD Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining 14.42 MGD Balance • Project Consistent with Yes W W Master Plan/Facility Plan • Impacts/concerns Additional 11,691 gpd committed to model. Water • Distance to Water Services • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns Page 3 C. Project Area Maps Future Land Use Map Aerial Map (fLegend 0 (fLegend P•o-eoi Lacafian I Pra?ecl Locarar I iu`hn F �T ifils it ti I - °4� Fie ds z '• Sub ' MU-C . 4 Zoning Map Planned Development Map (fLegend UT; (Legend Prayed Laoaiion i ,UT R- let Proja in et Laoaan R-r y i R-$— _ Cidy Lirni� RUT r �T R_ — Planned Parcels -- �i � E RUT - -- -- i C-C i R- R- A. Applicant: Todd Tucker, Boise Hunter Homes—729 S. Bridgeway Pl.,Eagle, ID 83616 B. Owners: James Hunter,Woodside Avenue Investors, LLC—923 S. Bridgeway Pl., Eagle,ID 83616 C. Representative: Same as Applicant Page 4 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 10/19/2022 11/27/2022 newspaper Notification mailed to property owners within 300 feet 10/13/2022 11/22/2022 Applicant posted public hearing notice on site 10/24/2022 12/2/2022 Nextdoor posting 10/13/2022 11/28/2022 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Regional(MU-R). Note: The Applicant requested this designation as part of the update to the Comprehensive Plan in 2019. The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3- 17). Sample uses,appropriate in MU-R areas would include: All MU-N and MU-C categories, entertainment uses,major employment centers,clean industry, and other appropriate regional-serving most uses. Sample zoning include: R-15,R-40, TN-C, C-G,and M-E Transportation: State Highway(SH) 16 is planned to extend through this site and an interchange is planned at Ustick Rd. ACHD's Master Street Map doesn't depict any collector streets planned across this site. The segment of Ustick Rd. that this site fronts on is designated on the MSM as a residential arterial with 5-lanes and on-street bike lanes within 100-feet of right-of-way. The segment of McDermott Rd. that the townhome portion of the development fronts on is designated on the MSM as a residential collector with 3-lane roadway, a 46-foot street section within 74-feet of ROW. Due to the extension of SH-16, sidewalk is required on only the east side of the roadway. Transit services are not available to this site. Proposed Development: The Applicant proposes to develop the site with two (2)land use types— commercial(includes retail,restaurants, etc.) and residential(i.e.multi-family and townhome).No employment or public uses are proposed and it's unlikely any of the proposed uses will have a regional draw. The site is designed with the commercial uses along Ustick Rd.,an arterial street,with an integrated plaza area between the two northern buildings and multi-family development to the north along future SH-16. Townhomes are proposed on the east side of future SH-16 along N. McDermott Rd., a collector street. The proposed development is generally consistent with the conceptual MU-R plan in the Comprehensive Plan. This is the only property in this area with a MU-R designation; that along with the property being bisected by SH-16 in the future,which reduces the size of the property from 40 acres to 26.5 acres, makes it difficult to develop the property entirely consistent with the MU-R designation. Additionally,because an interchange is planned in this area and access is limited,the Comprehensive Page 5 Plan states retail and auto-generated services should be minimized and transition rapidly from the interchange to residential uses near the County line,which the plan proposes.For these reasons, Staff is amenable to only two(2)land uses and the lower intensity of uses(i.e.primarily residential) proposed rather than more intense commercial uses as is typically desired in the MU-R designation. Additionally,because of the bifurcation of this property with the SH-16 extension, interconnectivity and a full integration of uses within the overall site is not possible as typically desired in mixed use designated areas. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics) • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed 26.5-acre development(after right-of-way is taken out for SH-16) includes two types of land uses—commercial and residential. Because this is the only MU-R designated property in this area and the site is not very large and will be divided by a state highway, Staff is of the opinion the proposed number of land use types is sufficient. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The proposed development includes 250 multi family units at a gross density of 20.S units per acre. The multi family portion of the project is located along the west side of future SH-16 and at the northwest corner of the future interchange at Ustick Rd. An employment destination center is not proposed but Owyhee High School exists directly to the west. High-density development is desired near schools so that students can walk to school, reducing bussing needs and traffic in the area. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation." A conceptual development plan was submitted with the annexation request, included in Section VII.B. A Development Agreement that ties future development to this plan and the general guidelines for mixed use developments and specifically the MU-R designation is recommended as a provision of annexation. • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space." The conceptual development plan depicts a common plaza area between the northern two commercial buildings with a pedestrian walkway to the area from the southern lot(fuel facility/convenience store). • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." There is an existing low-density residential property along the west boundary of the site south of the Sky Pilot Drain adjacent to the proposed commercial uses.A public street(N. Glassford Ave) is proposed between the commercial buildings and the residential property but a buffer is not proposed to the residential property.A landscaped street buffer is proposed on the east side of the street. Per UDC Table 11-2B-3, a minimum 25 foot wide landscaped buffer is Page 6 required on C-G zoned properties to residential uses, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners. • "Community-serving facilities such as hospitals,clinics,churches, schools,parks,daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments." No such uses are specifically proposed in this development—the tenants of the commercial buildings are unknown at this time. Owyhee High School is located directly to the northwest of this site and an LDS seminary and Boys & Girls Club has been conceptually approved to develop on the adjacent property to the north next to the school in close proximity to this site. Although these uses are not within the MU-R designation, they are still provided nearby. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas,open space,libraries, and schools are expected; outdoor seating areas at restaurants do not count." A plaza/gathering area is depicted on the conceptual development plan between the two northern commercial buildings; there are no other public and/or quasi public spaces or places proposed. As noted above, a high school exists to the northwest and an LDS seminary and a Boys & Girls Club are planned to develop in the Aviator Springs development directly to the north. • "Mixed use areas should be centered around spaces that are well-designed public and quasi- public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." No such spaces are proposed on the conceptual development plan.Although a "mix"of uses (i.e. commercial&residential)are proposed, Staff wouldn't consider this a true mixed-use development due to the lack of integration and connectivity within the overall site, which isn't possible due to the extension of SH-16 through the property. A plaza/common open space area is depicted between the two (2)northern commercial buildings, which Stafffeels is appropriate given the development limitations for this site. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed commercial portion of the development is directly accessible to the multi- family residential portion of the development to the north and the single-family development further to the north (Aviator Springs) by both vehicles and pedestrians. Future SH-16 will separate the commercial and multi family development from the townhome development making it impossible for these uses to be directly accessible. Pedestrian pathways are proposed throughout the commercial and multi family development and a 10- foot wide pathway is proposed to the single-family development to the north for connectivity. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." A roadway,parking area and landscape buffer is proposed between the commercial and multi- family development(150'between structures); and a 2-way drive aisle with parking on either side and a landscape buffer is proposed between the proposed multi family and future single- family development to the north (115'between uses) as a transition and buffer between uses. Page 7 • "Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed-Use areas. Staff's analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry, or entertainment uses. Residential uses are proposed over 86%of the development area at an overall gross density of 14.58 units/acre, consistent with the density desired in MU-R designated areas. The gross density of the multi family portion is 20.5 units/acre and the townhome portion is 7.71 units/acre. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail/commercial uses are only proposed to comprise of 14%of the development area in accord with this guideline. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%), based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas, such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus. That is to say,if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas,and some weather protection. That would mean that by providing a • half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed on this site and the retail development area is below the allowed 50016. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) Page 8 City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed retail/commercial uses should be compatible with the existing low-density residential use to the west if a 25 foot wide buffer is provided with dense landscaping as required by UDC Table 11-2B-3 and 11-3B-9C1 to minimize conflicts between land uses. The proposed multi family development should be compatible with future single-family residential uses to the north in Aviator Springs subdivision with the proposed separation in uses by drive aisles,parking and a densely landscaped buffer to minimize conflicts between higher and lower density residential uses; and to the high school to the west. The proposed townhomes should be compatible with existing low-density residential properties across McDermott Rd. to the east and any future redevelopment of that area with MU-I(Mixed Use —Interchange) uses; and also, the future research and development use to the north, which is proposed to be separated by a 75 foot wide densely landscaped buffer. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed apartments and townhomes will provide housing in close proximity to Owyhee High School which will reduce bussing and vehicle trips in the area. The proposed retail/commercial uses should provide benefits to future residents of being able to live, shop and possibly work nearby enhancing overall livability and sustainability. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) The conceptual development plan depicts pedestrian pathways throughout the commercial and multi family residential developments and to the adjacent single-family residential development to the north (Aviator Springs)for interconnectivity. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police and Fire Dept. currently fall outside of response time goals; however, when the new MPD precinct opens in Fall of 2023 and Fire Station#8 is constructed and staffed in late summer of 2023, response time goals will be met. Page 9 • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) Safe pathway connections should be provided from the proposed multi family development to the abutting high school to the west. Usable open space and quality amenities are proposed with the multi family development that exceed UDC standards. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01 C) A minimum 35 foot wide landscaped street buffer is required to be provided along future SH- 16 and N. McDermott Rd., both designated entryway corridors. Noise mitigation is required within the buffer along future SH-16 per the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. • "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves."(3.03.03I) This property abuts City annexed land to the north and west; a large enclave area of County land exists to the east. This area is largely sprawl with a lot of properties still in Ada County to the east and southeast. The land directly to the south is within Canyon County s Area of City Impact boundary. Annexation of this property will not create additional enclaves and will actually decrease the existing enclave area. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban infrastructure as noted is required to be provided with development in accord with UDC standards. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation: The proposed annexation is for 40.05 acres of land with R-15 (17.12 acres),R-40 (15.85 acres) and C-G zoning(7.08 acres). The proposed use of the property will include a mix of commercial uses, including a fuel sales facility&convenience store and flex commercial/office(tenants have not been identified at this time)on 3.8 acres in the C-G district,multi-family residential apartments on 12.19 acres in the R-40 district, and townhomes on 10.51 acres of land in the R-15 district. The right-of-way proposed to be dedicated for the future extension of SH-16 consists of 13.55 acres of land. A conceptual development plan was submitted, included in Section VII.B below that shows how the overall property is planned to develop. Based on the analysis above in Section IV, Staff is of the opinion the proposed annexation, zoning and development plan is generally consistent with the Comprehensive Plan with the provisions noted in Section V111 as discussed herein. A multi-family development requires approval of a Conditional Use Permit(CUP)in the R-40 zoning district, subject to the specific use standards for such listed in UDC 11-4-3-27, and townhouse dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. Commercial/retail and fuel sales facility uses are listed as a principal permitted use in the C-G zoning district per UDC Table 11-2B-2,fuel sales facilities are subject to the Page 10 specific use standards listed in UDC 11-4-3-20. Other uses may be allowed as noted in the Allowed Uses in the Commercial Districts Table 11-2B-2. The proposed uses and zoning districts are listed as appropriate uses and zoning in the Comprehensive Plan for the MU-R designated area. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application,Staff recommends a DA is required with this application,containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed preliminary plat consists of 85 building lots(81 townhome, I multi-family and 3 commercial)& 8 common lots on 40.05 acres of land in the R-15,R-40&C-G zoning districts. The Applicant anticipates the development will be constructed in three(3)phases with the multi- family development first,the townhomes second and the commercial last unless they get a demand for the commercial,then it might be second. Existing Structures/Site Improvements: There are no existing structures or improvements on this site. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and I1-2A-8 for the R-40 district; and UDC Table H- 2B-3 for the C-G zoning district. Some of the R-15 zoned lots do not comply with the minimum lot size of 2,000 square feet per dwelling units; revisions are necessary to comply. Zero (0)lot lines should be graphically depicted on the plat on the internal lot lines where the townhomes are proposed(i.e.where structures are proposed to span across lot lines). Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Road Improvements [Capital Improvements Plan(CIP)/Integrated Five Year Work Plan (IFYWP)]: The intersection of Ustick Road and McDermott Road is scheduled in the IFYWP to be widened and reconstructed with design in 2026 and construction in the future.Ustick Road is listed in the IFYWP and CIP to be widened to 5-lanes from Star Road to McDermott Road with design in 2026 and construction in the future. Star Road is listed in the CIP to be widened to 5- lanes from Ustick Road to McMillan Road between 2031 and 2035. The intersection of Ustick Road and Star Road is listed in the CIP to be widened to 4-lanes on the north leg,4-lanes on the south, 5-lanes east, and 5-lanes on the west leg, and signalized between 2031 and 2035. See ACHD's staff report in Section VIII.I for more information. Access(UDC 11-3A-31 A public street access is proposed via W.Ustick Rd., an arterial street,to the portion of the site west of future SH-16. A stub street is proposed to the property to the north(Aviator Springs)to connect to a planned stub street to this property.Another stub street(W. Endeavor St.)is proposed to the school property to the west for future extension and connection to N. Owyhee Storm Ave., a collector street.Alleys/private streets are depicted on the plat in the proposed Page 11 multi-family development. Private streets should be provided for addressing purposes.A private street application should be submitted prior to or concurrent with the final plat application. Two(2) accesses are proposed via N. McDermott Rd.,a collector street,to the portion of the site east of future SH-16. McDermott Rd. is planned to dead-end in a cul-de-sac just north of Ustick Rd. and not connect to Ustick when the interchange is constructed. An emergency only access is proposed out to W.Ustick Rd.that has been approved by the Fire Dept.; ITD has verified that this access does not touch or abut the State Highway system. The bollards should be located completely outside of the right-of-way.ITD's roadway plans for the existing Ustick/McDermott Rd. intersection are included in Section VIII.I.Alleys are proposed for access to the townhome units located north of W. Aspenstone St. and south of Beechstone St.All alleys must comply with the standards listed in UDC 11-6C-3B.5. The proposed alleys appear to comply with these standards. Cross-access/ingress-egress easements should be provided between all C-G zoned commercial lots in the subdivision via a note on the final plat or a separate recorded easement. Pathways(UDC 11-3A-8): The Pathways Master Plan depicts a 10-foot wide multi-use pathway along W. Ustick Rd. on this site; a 10-foot wide pathway is depicted on the landscape plan as required. A 10-foot wide multi-use pathway is proposed within the street buffer along the west side of N. Glassford Ave.,consistent with the developments to the north,which crosses to the east at the north boundary of the site within the buffer along SH-16 which will connect to the pathway planned to the north in Aviator Springs.A 14-foot wide public use easement is required for the pathway; the easement should be submitted to the Planning division prior to submittal for City Engineer signature on the final plat. Internal pedestrian pathways are proposed throughout the central common open space area and to the commercial development to the south. Safe pathway connections should be provided from the proposed multi-family development to the abutting high school to the west. Sidewalks(UDC 11-3A-17): Detached sidewalks are required along all collector and arterial streets; attached sidewalks may be provided along local streets. Sidewalks are not required along I-84; however, a pathway is proposed within the buffer.ACHD is requiring a sidewalk to be constructed off-site along one side of S.Rolling Hill Dr.with development of this site. Landscaping(UDC 11-3B): Street buffers are required to be provided as follows: A minimum 35-foot wide buffer is required along future SH-16 and the interchange and along N. McDermott Rd., entryway corridors; a minimum 25-foot wide buffer is required along the western portion of W.Ustick Rd., an arterial street; and a minimum 10-foot wide buffer is required along local streets in the C-G zoning district,measured per the standards listed in UDC 11-3B-7C.la. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C(see updated standards). Street buffers are required to be maintained by the property owner or business owners' association and should be depicted on the plat in a common lot or permanent dedicated buffer per UDC 11- 3B-7C.2b. Landscaping is required adjacent to all pathways in accord with the standards listed in UDC 11-3B-12C. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3. Page 12 The City Arborist requests a change in tree selection of the Fraxinus Pennsylvanica "Marshall's Seedless"Green Ash is changed to another variety due to a future threat of Emerald Ash Borer. There are no existing trees on the site to be removed or that require mitigation. Common Open Space(UDC 11-3G-3B): A minimum of 15%qualified open space is required to be provided within the townhome portion of the development that meets the quality standards listed in UDC 11-3G-3A.2. Based on 10.51 acres,a minimum of 1.58 acres of qualified open space is required. A total of 3.33 acres of qualified open space is proposed on the open space exhibit included in Section VII.F in excess of UDC standards(i.e red hatched areas). Open space areas consist of open grassy areas of at least 5,000 square feet and linear open space. Site Amenities(UDC 11-3G-4): A minimum of 2 points of site amenities are required based on 10.51 acres of development area from the Site Amenities and Point Value Table I1-3G-4. It's He eleaf to Staff what is Two(2)pickleball courts at 4 points each are proposed for site amenities in the townhome portion of the development,which exceeds UDC standards. The npplieapA shoul Noise Abatement: Noise abatement is required for residential uses along state highways per the standards listed in UDC 11-3H-4D. A 10-foot solid screen wall is proposed. Noise abatement should be provided within the street buffers along SH-16 that are adjacent to residential uses per the standards listed in UDC 11-311-41)for residential uses adjoining a state highway.A berm or a berm and wall combination that's a minimum of 10-feet higher than the elevation at the centerline of the state highway is required.Include a cross-section of the berm or berm/wall that complies with this standard with the final plat application(s). Storm Drainage(UDC 11-3A-I81: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical Engineeringeport for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-II C. Pressure Irrigation(UDC 11-3A-151: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian Irrigation District boundary. Utilities(UDC 11-3A-211: Utilities are required to be provided to the subdivision as required in UDC 11-3A-21.. Street lights shall be installed in accord with the City's adopted standards, specifications and ordinances/ Waterways(UDC 11-3A-101: The Sky Pilot Drain crosses the southern portion of this site within a 100-foot wide easement; the Eight Mile Lateral crosses the northeast corner of the site within a 50-foot wide easement; and the Noble Lateral runs along the east boundary of the site within a 40-foot wide easement(20-feet from centerline each side). The easements for all of these waterways shall be depicted on the final plat; structures shall not encroach within these easements.All waterways on this site shall be piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. This project is not within the flood plain. The developer has requested ITD relocate the Eight Mile Lateral to accommodate the proposed development plan. Because the plans have already been designed and environmental approvals Page 13 obtained to pipe it in its current location, a change this late in the process may not be approved. If the location of the lateral changes,it should be depicted on the plans submitted with the final plat application. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid screen fence is proposed along the northern&western boundaries of the multi-family development. C. Conditional Use Permit(CUP): A Conditional Use Permit is requested for a multi-family residential development consisting of 250 dwelling units on 12.19 acres of land in the R-40 zoning district in accord with UDC Table 11-2B-2. The proposed development will have (12) 3-story multi-family structures and a 9,055 square foot amenity building centrally located within the complex. Six(6)different floor plans are proposed with a mix of units consisting of 1-(97),2-(114) and 3-(39)bedroom units ranging from 712 to 1,278 square feet in size. Specific Use Standards(UDC 11-4-3-27): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties. The site plan included in Section VII.D depicts buildings at a minimum setback of 10 feet; no greater setback is required. 2. 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 plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The Applicant's narrative states each dwelling unit is provided with a minimum 80 square foot attached patio or deck, which meets this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. Page 14 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title.A minimum of 477 off-street parking spaces are required for the multi family development with 250 of those being in a covered carport or garage; a minimum of 19 bicycle parking spaces are required.A minimum of 18 spaces are required for the amenity building with a minimum of one (1) bicycle parking space. The minimum number of spaces required overall is 495 with a minimum of 20 bicycle spaces. A total of 482+/-parking spaces are proposed overall, with 250 of those being covered, and 20 bicycle spaces, which does not meet the minimum standard.A revised parking plan that meets the minimum standards should be submitted prior to the Commission hearing. Bike racks should be provided in central locations for each multi family building and the amenity building. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site amenity plan included in Section VII.G depicts a leasing area (property management office), a maintenance storage area and mailbox location (including provisions for parcel mail), in accord with this standard. The location of the directory and map of the development should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed 10% of the gross land area for multi-family developments of 5 acres of more.A minimum of 1.22 acres of common open is required to meet this standard. Common open space areas are also required to comply with the standards listed in UDC 11- 4-3-27C.2,which state that open space areas must be integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. These areas should have direct pedestrian access,be highly visible, comply with CPTED standards and support a range of leisure and play activities and uses—irregular shaped, disconnected or isolated open spaces do not meet the standard. Open space areas should be accessible and well connected throughout the development(i.e. centrally located, accessible by pathway and visually accessible along collector streets or as a terminal view from a street). Open space areas should promote the health and well-being of its residents and support active and passive uses for recreation, social gathering and relaxation to serve the development. The proposed common open space meets these standards. All multi-family projects over 20 units are required to provide at least one(1) common grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for general activities by all ages,which may be included in the minimum required open space. The area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. The Applicant proposes two (2) central common open space areas of 67,632 and 29,360 s.f that meets this requirement. Page 15 In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.All units contain more than 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area.A total of 211 units contain between 500 and 1,200 sf of living area; therefore, a minimum of 52,750 sf. (or 1.21 acres) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.A total of 39 units contain more than 1,200 sf.; therefore, a minimum of 13,650 sf. (or 0.31 acre) of common open space is required. At a minimum, a total of 66,400 sf. (or 1.52 acres) of qualified outdoor common open space is required to be provided per this standard. In order to meet the baseline requirement noted above and this standard, a total of 119,500 sf. (or 2.74 acres) of common open space is required. A total of 146,094 sf. (or 3.35 acres) of qualified open space is proposed in excess of the minimum standards as shown in Section VII.F(red hatch areas). Qualified areas consist of central commonlamenity areas and a pedestrian corridor where a multi-use pathway is planned. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20').All of the red hatched areas depicted on the open space exhibit in Section VII.G meet this requirement. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The Applicant anticipates the multi family development will be constructed in one phase. If not, compliance with this standard is required. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009) None of the common open space areas are located adjacent to a collector or arterial street. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. Page 16 (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop (4) Charging stations for electric vehicles 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20)and seventy-five (75)units,three (3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five (75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Proposed amenities include a clubhouse with a fitness facility, a swimming pool and spa with cabanas and an outdoor lounge area, 10 foot wide multi-use pathways and internal walking trails, a plaza, a pickleball sports court, and a bike repair station. A BBQ area is depicted on the site plan;Staff recommends this area is constructed as a commercial outdoor kitchen.An outdoor seating area is also depicted on the site plan;Staff recommends this area is constructed as a picnic area with tables, benches, landscaping and a shade structure. Staff also recommends a children's play structure is provided. Staff is of the opinion these upgrades and addition of an amenity is commensurate with the number of units proposed Page 17 E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping, including noise abatement along future SH-16, is required to be provided with the subdivision improvements as noted above in Section V.B. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B- 12C. A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid screen fence is proposed along the northern&western boundaries of the multi-family development. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structures, included in Section VII.H. The townhomes are proposed to be 2-or 3-stories in height,the multi-family structures are proposed to be 3-stories in height, and the clubhouse if proposed to be a single-story in height; building materials consist of a mix of vertical board&batten fiber cement siding and horizontal lap siding with brick veneer siding and wood ridge beam accents,metal awnings and asphalt shingle roofing. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the multi-family and commercial development to ensure compliance with UDC standards and development provisions associated with this application.A Design Review application is required to be submitted for approval of the townhomes.Final design of all structures must comply with the design standards in the Architectural Standards Manual. D. Variance(VAR): A Variance is requested to UDC Table 11-2A-7 to allow 44 of the 81 townhome lots on the eastern portion of the development to be reduced from 2,000 to 1,694 square feet.UDC 11-513-4 allows requests to vary from the requirements with respect to lot size. Page 18 hi order to grant a variance, City Council must make the findings for such,which state the variance relieves an undue hardship because of characteristics of the site; and the variance shall not be detrimental to the public health, safety and welfare per UDC 11-5B-4E. The Applicant's narrative states there are several characteristics of the site that create an undue hardship,as follows: • The angle of the SH-16 right-of-way determined by ITD creates a remnant parcel that is an unusual shape for development and restricts how the property can be developed. • The Sky Pilot drain traverses through the middle of the property within a 100-foot wide easement where no structures may be located,which reduces the amount of developable space on the property. • Ustick Road where it abuts the property will be widened to accommodate the SH-16 interchange,which reduces the amount of developable space for the property. • McDermott Rd.will be terminated with a cul-de-sac, eliminating access from Ustick Rd. which reduces the viable uses for the property. • McDermott Rd. is in a fixed location and must be widened to meet ACHD standards,which further reduces the amount of developable area. • A landscape buffer is required to be provided along the northern property boundary adjacent to the light industrial use proposed on the abutting property,which also reduces the developable space for the property. Although these characteristics do exist, Staff finds they do not prevent the Applicant from reducing the number of lots within the development in order to comply with the minimum lot size standard of 2,000 square feet. If a variance is approved, alternative compliance will also be necessary to reduce the street buffer along McDermott Road, an entryway corridor,in order to accommodate the proposed layout. Reducing the number of building lots will allow compliance with the minimum lot size standards as well as street buffers. Therefore, Staff is not supportive of the proposed variance request. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement,preliminary plat and conditional use permit and denial of the requested variance with the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on November 3,2022.At the public hearing,the Commission voted to recommend approval of the subject AZ, CUP and PP requests. 1. Summary of Commission public hearing: a. hi favor: Travis Hunter,Josh Evarts,and Todd Tucker b. In opposition: None C. Commenting: Ron Hopper,Rod Green,and Paul Elam d. Written testimony: Todd Tucker,Boise Hunter Homes e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kurt Starman 2. Key issue(s) testimony Page 19 a. Additional traffic on Ustick and McDermott Roads. b. Transition of the McDermott Village development to the rural residential in the area. c. Amount of development occurring in the area. 3. Key issue(s)of discussion by Commission: a. Timing for the construction of SH 16 and the commencement/completion of phase 1 construction. b. Impacts of increased traffic on Ustick Road. 4. Commission change(s)to Staff recommendation: a. At Staff's recommendation,Commission modified DA provision#A.1 f to read, "A 10- foot wide multi-use pathway shall be provided within the street buffers along N. Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement. b. Commission modified condition of approval#10k. to replace commercial outdoor kitchen with outdoor BBQ. 5. Outstandingissue(s)ssue(s) for City Council: a. Applicant requests Council waive condition#Al.c in Section VIII that requires a 25-foot landscape buffer adjacent to the Flowers propeM along the west boundary of the proposed development. This request was supported by the Commission. The requirement does not apply because right-of-way will separate the subject property from the residential property. C. The Meridian Citv Council heard these items on December 13,2022.At the public hearing.the Council moved to approve the subject AZ. CUP. PP and VAR requests. 1. Summary of the City Council public hearing: a. In favor: Travis Hunter,Josh Evarts,Todd Tucker b. In opposition: Rod Green,Randi Bussert c. Commenting: Sue Waggoner d. Written testimony.None e. Staff presenting application: Sonya Allen f Other Staff commentin&oWapplication: None 2. Key issue(s)of public testimony: a. Concern pertaining to increased traffic on McDermott Rd. and the safety of the Green's access via McDermott Rd.: b. Concern pertaining to growth and property values in this area and affect on adjacent rural residential properties• 3. Key issue(s)of discussion by City Council: a. Supportive of the proposed development plan. 4. City Council change(s)to Commission/Staff recommendation: a. Council approved the Applicant's request to strike the portion of condition#A.1 c in Section VIII that requires a buffer adjacent to the Flower's property at the west boundary of the site. b. City Council approved the Variance request based on the hardship for this property created from the bisection of SH-16 and the lateral(Sky Pilot Drain)across the property. Page 20 VII. EXHIBITS A. Annexation Legal Descriptions&Exhibit Maps a IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208)846-8570 Fax: (208)884-5399 McDermott Village Subdivision Annexation Boundary Description Project Number 21-575 June 15,2022 The southeast quarter of the southeast quarter of Section 32,Township 4 North, Range 1 (Nest, Boise Meridian,Ada County, Idaho,and being more particularly described as follows: BEGINNING at the southeast corner of the southeast quarter of the southeast quarter of Section 32,Township 4 North, Range 1 West, Boise Meridian: Thence N89'17'49"W, 1325.58 feet along the south line of the southeast quarter of the southeast quarter to the east sixteenth-section corner; Thence N00°33'07"E,1316.23 feet along the west line of the southeast quarter of the southeast quarter to the southeast sixteenth-section corner; Thence S89"19'58"E,1324.63 feet along the north line of the southeast quarter of the southeast quarter to the south sixteenth-section corner; Thence S00"30'38"W, 1317.06 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 40.05 acres,more or less. AL s� Page 1 of 1 �r� �£OF I S. Page 21 Scale: 1"=400' 0 100 200 400 800 Lagerid 5.32 5.33 E1/4 Property Corner Property Boundary Line — - - --— Parcel Line 1 --- Section Line co N !2 I 2i; Ix ICr) b Ql [V Q C] I I I I h� SE1/16 S89.1 9'58"E 1324,63' S1/16 O r4 a} w ±40.05 Acres m o a rai o `v r] O vJ O Q En 5.32 E1/16 5.32 5.33 S.5 N89'17'49"W 1325.58' S.5 S.4 W. Ustick Rd. Point of Beginning P:\M75 N IA[0e It Rd Snd•y 21-578`d"\21-579 M....limA,, &/15�2M 717:22 Pu Jah Ho. IDAHO Exhibit Drawing for 2t-5�s SURVEY OGE.1EOADUaST Shaft Na. 6U)04&8 daalr6l Annexation (aoel aar-ssro GROUP, LLC Situated In the southeast quarter of the southeast quarter of Section 32, Qwp. Oate Township 4 North, Range 1 West, B.M., Ada County, Idaho. �f15�2422 Page 22 11DAHO ')O3'S w 1tr*+ pkO SI SURVEY F L-, ID U704 GROUP Ph€m,.1 )&M-W57C Far: q205}004-5199 McDeemo411 lake 5uhdiiMi m Poaadnn C-G doundary Emwriptim NjeMber23-�78 MIND37r 2022 1;pence!of Lind sitr,ra4ed in Me 3bUdltdA qu4RIer t4 the waulhedx•t quarter 01 5eccierr 3z Tmwnshlp 4 Nonh,Range 1 VMr3,BoK*Moridrsn•Ada QwrMy,MahD,snd boing corm pmticukarhr described as fob: M-Gi N INS,at the cask mteenth-sertion oormr of Sectim 32,Township 4 Nw*,15angr i We�T,Miss Medidlak winch Gears RW 17'4VW..1325 5$feei ffom the iou hMt turner of SRctIcn 31: TMrbce NW33'07'E.4411.20 Few shin jt 7ht wedgy line di Rhre,ou+1 emt Auarter of th#,sDut hop 4s#quwkr; Thpanca Sjrj?'3VE,724A9 fact t,a the oemarline gf tlrq future Hlghwry 16; Therber SQ'1S'MrW,4S3.71 Feet abng the centerline of throe future Highway U Ea the Aulh IIM 01 Me SUUtMBST�JuW[er Of Me S&Ohe861 CIArtEr: TMrkee NWIT49"Wr 652-115 feet Did the 5*u1h lint d tfie S*UI ea5l QWeF Ql the southeast quxier to thpe KIN I bF Ei jrAmr4iNG. I he ahnvr•dvv-H cd p3rcel4mntalns 7.0 acres,rnwe or less ,V PW tUf] _ +r 14 Page 23 .1 rrrd Le a i!pn id IMR+ ++am P41M hNgd unr --- 541ew km Jri GW.v Unip Lp r I ID { F ti i I � M fl 3 l Y1,}'E � a loin k at Beginning Udl;rk Rd. ,AlF 11'h IDAHO fxh;bii Grumir+g (DF 75URVEY "M" G—G Rezone Shml No s awoa*wa Icy �� aRCLIP. LLC 7:xkd t ¢tm w.u&w..qwbw U In..w.I,.a.1 *.wIx al fKlYr .1a. Dwp baIR �w,3hF+ ti I Aaa6- rm 0A Ad CuLm F ldm kA?r"Z Page 24 * IDANO 1j9&5 yr Emrald R SURYFI Boise, ID 01704 G ROUP Phfte! 420 HIS-85M Ki Fax: IHill MM-5M MtOernmit allege Subdvls-on fiF2hne R-15- Ikmrmlaryr lkscriptlon Rrrliev Numgasr2!-578 Avg t 17,20Z2 A panel of lamed situated in the MkdheasC quarlar dF the:%DutheesJ1 quarter dF 5trtian 33Y 70lAlp ill Morzh.Adr"F i West.EosQ MerldLw,Ad?Ca4+n14,loeho,and being rwe Qarhtularl'desscnhed as fMaws: QEGirdiklllllra at IN!sauthagRi:corner o+f k Ilan 22,Tnwirship 4INDrih, R;3njF 7 lllrest, $oise-fl eridrasr. 1 hQncAp r4§'1T491VU,613.42 luat s"tho smkh Irr+dF intro sar,thwast ikLmFtor aFthe swrthwes4 quarter to the aentL-rhne of tlfre(Lftre Highway 1fK Thente NCW45'0C'E,1333.35 leel60ft Lhe cmt&rFm&of the future Hichway 16 W thm north line of Mho Mjh4je5t-qWarter of jhg[QukhCMt gkQrtgr. 1rhanto 5eFJ`1g5O''E,45.9.33 foot slang tht nar Hh Ilrrq of thi mubMast quactsr a# the ftL theast quar1t-W tore sbuth 3ihieenth-sedll3rr mmerr, Thefit&5CU'3Cf Si W,BITC16 feet illord 7h&Riil line 1A[he 3hu[lbea!n 4U.8ner w M@ Apth"St"pler t4 thip FiDir T IDF M13IMNI RG The ih8ua-rl&;mnM pa%nc,al-aruts1ms 17 17 wes,rnwe v'err J• p-Ve I of I + , A ' Page 25 51 -'0} sm Lend C7 Dirnmd" point ton■ Rau-mmur}•Lkr■ ftr;.d Un* Sdtlka L;d* I sips i . IG g � f- 02 Ln I4T 17.12 .„ � AtfM � 4 m rL IA 4 ' L -9$ I poln t of Bcyfrining 73" ty PI199-1 F'4TW 5375-5a' W. U9klGk Rd IDAHO ENwih4L Drum ,g rar -co !wow"WoRr n SURVEY �,m R-15 Rcza re wl ha �+ 1 slar"d h :ra F&udiw.d rILmw ee I,r ■a.-h-%,a-qL.WIv .0:.clam .42 Tmrilp t Yot% Rai 1 431. Ica SDMI) rdrfo ki{M�#W Page 26 IOAHQ 9925 W E1r MOLd St Su KVF r Sorim,16 S370 4 GROU R IPh I )W 070 156 Flex; g2mp OM-5399 Mrr O matt%MUEr`3ut3MVIrJM Re2une R-41) Dwn1M DfluIptIum PrDjed N u m ber23-.528 Aogwf 22, ELU A pwce4 of land sltrmt+ed In tfic sDkAheast quarter of the sautheart quarter of Setiian 22. Town&hip A harth4 RwV 1 Wait,Boite Wr idian,OAm{dunrg,Idaho, amd being more WcuLwN dowrihi d w Fr.Iltrrv#: Dmmergkig m tiro ioutheast cufn r of 34mlon 32.T000milip q 1I14, Rarer l Ott Boise Muidiark; TMwe KBT17'4VW, 1325.59 fleet along the iouRh line of the saui hmi quarter of She p¢ulhRast quarter W 1hq put slKW nth-wr#Ipn 14; Theme MCKY R07"E, "S.W Feet bluna the gust line dF the seuthe-mt quarter or,.he sarrhaaat qu artgr tip-qhq P{]INT QF BEGINNIOAl : Thgntrr cp,ntirrulrrg WG3"a3M7"P,SU.M NM;Jong ih4 wgFt Ilnq of thq$rthamt quarter QF 1he wwheast quarter tip the smurtfremt jkLeenth-sedrion :Dr mrr TMmce 5.M'15'5W'F,B55.29 feel j%mM the monk line 0 the 3arnheast iWaneop of thQ so-uthQag quwlq,r 1q thip wintpHinp of 1hp hu14mp Hlg"gy 14; Thencr '4SW"W,B?9.€$fmt along the centerkne oaf tive Future Highway 36; Thence NN'17'i M,724j69 fret is the POINT OF GEMNIMING The abase-derrulhe:d parcel contains 15.35 acres,n-pare-or less. I4 �. Riv 1 C'f 1r jr Page 27 4 riC Legend Dphw*kA FbM51 lwm bgmd%ry Un1F °QrCd Un■ 9nckbn LWm GQM or Li1 F ��+ SaoY�'E ti • 'E Ir t8.85 AC:rrs IJ 4 5. Xi - ID ti R-pint of Begs n Ing Asa Q M- W, I � I r aM LV k'- tl!DklCk lW. r,nn,i- -%P Inur III d,,mp i a era I DAHO 'ExI�li Dri3wilq +v V sae SURVEY ��" R-40 Rtz 1 GROUP. U C i#urm 111 4m.mi rmK qu¢br 131 1Or rvvk�mrri %xIr am% Gala la&%p%; +1arY, q 1 ti444 9hL, P* yw& dflx{m Page 28 B. Conceptual Development Plan, Overall Development Plan in the Vicinity&Concept Data : _ : � 1 :- -- ri i+t r. -3f I I I I + r, CONCEPTUAL DEVELOPMENT PLAN! Page 29 I • - + •'I R I I i� I I 1 Mid ti� I I * * a _ a t .. .. { ■I #f Page 30 Usd'dkf McDermott Residential PNot North Arch It c Meridian.ID 05/25/2022 2nning Sumrmry� Unll summary $ite Area: I NSF' 06« Nm*deck NSF SUB30iAL % "I Iyl JTHl 10.4 A )99 Site 2:IRetail/Cstprel 13.B9 AC High.,(N.AP.): 13.9 AC 1B l0 835 50 915 Subtotal I-bed 97 731 70,903 38.Y% prnpnsed- [urrenfIDning: RUT Rura 1,Urban Trami9oaal Proposed 2oning(mr):R-W (-a l 11 58 11 009 11,089 ]g 1,217 BO 1,197 MaB.Density: 43.56du/AC I1,000sf)dpl Proposed Density: 20.5 du/AC 2C 3S l,Ob1 w 1,0R4 Subtotal 2-bed 114 L024 216.780 45.6% sethackz Regwree: -¢mocks pmpnsed. Rear. 12' Pear. 2U min. 3A 39 1,289 EO 1,366 tilde In[: 3' slde Ire: 1U mip. Street S,,ted to Garage Required: Street Settark to Garage P.limtd: Subtotal3 ,d 39 1,285 Kit s 15.6% Local: 20' L-1, 20'min strret smbad:to Li-Required: -tined sethackm Uem,,prnp¢a¢d: 25p "1 are. ]9e 5F local: 10' Lacab 2tlmin. note ode u,a".onw.naaaemrl mnmr,pa"n..a: 5veer landscape n,M,Required; 5-Landscape Duffer Proposed: local: .1. L.A 20 min Ma,neighs w Proposed Belch L H41'-9" 6...pmi Parking wmmary', MYkil-1, Flr.-t," Mg. Bldg. .0, EH. pUnit Parking Required: Fading hopmed: Height: GSF.deck GSF Net sF R per floor b 111 total total MSel l: - 1-d amge: 1. lerel2: 10'-2" 116,)50 ]08,)50 99,IR1 A9% 100 1-bed He 25 221 Ca.port: R] lespl3: ll'-2" 113,636 103,63a 93,16E 9q% 100 3-bed 39 Z 1H Garport. 3Y Roof: in'-, Guest 250 0.1 25 standard: fit Tp I; 41'-9" 346,801 326.801 237.793 73% 250 NnMM Pad: 112 Amenity: 9,000 1/500 19 AmenM' 18 arallll Ssreec 25 s,Beetal Mukftnnkl: 4Tl AahenmlMulHFamily: 4n Covered: I 250 Covered 25'a CommercialOma: p oral - 5,549 C-steYe: 5,549 ]:SOD 6f t12 Retail l: 3,40i Retail 1: 3,407 1:500sf 7 Retail: 51 Retail 2: 6,117 Retail 2: 6,117 1500 sf 13 HC. 3 lercl l: Subblal[,d. suhmral[md� n Open 5pace5ummary. Bike Parking-Ary: Co....Open Spew Rinl.u.d: Common Open Space Propmed: Bike Parking Required: Bike parking proposed: B-Ime 1 mtlo total total )O%Wu3e_ m% 3 d Ground tevek 30,710 MUSllamlly, m110 mil 17,32d A robe mat oral Unea<SOOsf: 0 I50 - 13,629 MRIOPaend, 41 1:25 rM Coreredf5ecured: d20 Unit-500"'00 d: 211 250 52,"1 Total Required: 20 30vl Proposed: 20 D0 s1 Subtotal Required: 260 66,400 d eYblmal Nf i"W'ed: 111,613 d SYmedal MF Provider 14q,730 sP THK,tgre'. Asf ratio total total round Level: s%of sire 169,448 5% 8,473 Plaza: 15.- 5uhzrnalRequlred: aA7a p S.-Il Pmvl- )A CONCEPT DATA Npg: ai-acbamahca.d Bpb,e 1q Ypdate as morn info matbnia known 05 25 2022 McDermott Multifamily PNaJ B#21-nott.,Mendianla pivotOM' north aR[Hlreeruse Page 31 C. Preliminary Plat(date: 10/25/2021) &Conceptual Phasing Plan MCDERMOTT VILLAGE o 0 PRELIMINARY PLAT s A PORTION OF THE SE j OF SECTION 32, @ `s TOWNSHIP 4 NORTH,RANGE 1 WEST 0� ADA COUNTY,IDAHO OWNERIDEVELOPER GNILENGINEER LAND SURVEYOR PRELIMINARY PLAT DATA --^*^rr^•mrunao.,ec LEGEND zaE �n i s`�is] oamr p H E T_ urus �\e mra �c os nn as a x�:. .r. ,use ,reo 'E'? E PRELIMINARY PLAT NOTES rr r. rRa•.ss, E - SHEET INDEX .� • rAa•osss<sww muuxse .E xuM�x aie �e y r. w- r s A aAwossr rxs xwxnxr E rs nun xnr..n i..E xLQ - .. __�_•. __—_ LIT r ms _.0 a nms ITn Pmx % n E snm�c ouEnec•oxvq OBB W w.nnix.oE rcn c..e s. u r.r. ,u..nune. c nw.e.r - - O ggo a > a � J W C IL 01 17 Page 32 M BLOCK - II . I L MATCHLINE-SEE SHEET LEFT i SLOG( §w r 3igme x BLOCK L� •o��eJ`I=,o ae a ya •e h 3 sad e » FMAM^e nsl O 4 Z o a °'wi.ai� 19 is t J 3 BLOCKS Lu L��Ep+ 4 BLOGc tz Nm+ fi F F F Ik MATCHLINE°-°SEE SHEET RIGHT oft 02 r 17 Page 33 - - — 1 '1, c m = � BLOCK E'k R MATLHLNE-SEE SHLET LEFT - f M o a a e BLOCK r �� BLOCK 5 IL oza � IY A MAHEH NE-SEE i SHEET Ric*r Page 34 rt V �E a IF O G u f_ w �. 36 uj �„ Qy Page 35 D. CUP Site Plan for Multi-Family Development(dated: 6/30/2022) 7 LM _u � IMi;/ R7 E ir CD py MA7G UINE—SEE sxcET 14 III �2. BLOCK tI-Q I PI 0 NR R RV E HUNE—SEE SHEET 13 12 17 Page 36 E. Landscape Plan—PP&CUP (date: 6/30/2022) tilt ig LC qft,Vm,W 14 ca LLI RAW JNAL 0 Page 37 r ��: �_ � � 1111111111 1111111111�� ,►!� HININWRINNIN f� .g :ash !3fy, ..♦\\\ems \♦.♦♦♦♦♦.♦\ °"• � t QQ WEE ' � .mom V� .\�`\.\�: ♦; 7 '>� �'��\ 1 M � �4 [` r`'` NZ IMP Me ss \\\\\\\\\\\\\ Ab, �` r VANS .�• �a� 4'.I � •��\:,, ��' �� w� �6r it sw Mlwm i!i Fiiii� rusFri n �: ril nrpsrs iryrs r-f i#} ;; ,t+ �_�tk��.ke #d •ikll• ...•Fh1�kAAi�a1•A�i�� .,' - �i�!i� �i�i�l�i�ii��s�!�i�; 111111111111�. � 111111111111;,,,,,"• ,° h,,, a�>a+<:xx xx atx��.-��` �.e.� �r�:a a•�e:3.s i J.0 ju :pwl 11 lug 151; 171; .1; �IIM 'H U-1 15 il it LIJ I DR In 2 7p71: M I � PERj. z y 'M ;� N-M i S 0 c .-; in I NT =e 3; CC io LU H i5 g I ji!'I 111 9 1,11H .1.- W H i-M Q LLJ oil I ;,! m 1!4 ; a Rig LU 4 4F, I!i I i I Hs m rim U'R H.• M ;1 2. i 1je MR! LLJ. I VIM!, L ry A uj W. 3 co I? A Aousn 07. Page 39 LLP a: x . ii k, CL 1 1.1 N LLP LL ml x Up IM i1h i m Rb -4. 3,. iqLLP LLP Ch HIR i X Ng i! 0 Lu 6 )ousn ....... .... Page 40 'a�'�fa��irai�?�3r,�►e!£��f� rr��6�5df�h��;�r►r:�. r�i�r�€'�r� W'�!��r,�E[,�S��ir,��k,r;�yi r#, r�r��a��:,•�'� _; Mimi ININIORM, E=jli►: M i, Way,w 1111111111 �1111I MINIZiM r: .-.sae :tYM �. �� . \ mar•. �; .fr`r i�7�yy{,1- y'nC mar, ig. �� ;ra�.yr '►lF' �� " �....c..�'�57� �� q' �� :3 .,a 77 „ � � jK �1► �� ,iS pI 1 _ jqw ON (aao IF fir: 02 { ill IAN iIIlr,r jr+ r, r r r'+rps r sr aw �• MINN - 111111111111 iiiiiii, 111111�111113 _ ,` • ..d.: vi3 d r g� a +J^^ ' p I � e f �`•@ �:�•_. _---•'�� : ! Mil S:s y a 1 i 1°y Y°7 i e.y�i 8 Y! S eke g 3 or �u E' _5g?e a-I :R: 1"' "; : w .• c=`�i 1� _. e 9 I:' A go •gig G 8 g;'r& i"M Ygg &Y iff :'�:i 0 71 6 1$¢3aea e9 Q�5 i- :e' _: . =1 E ¢ tl i�: � � �� e�• C7 1,01 SH!iSal I HIM Al t s . : w 3 :@ S ia a� Y e Yjo 9i i i a`§�F '8 �i 7€ i.; �•Y: :�1: _C C 3a 23 9a A 'Sa! 29 : 0 zd o w VMN3'1J" O 8 LLI ib Q a 3 ❑ b Page 42 M.� Ldi a CL p. US N ME AN all b R In t z Eli 94, 4D LU ui IZ5 111 jr� j C3 C3 Ld .............. N �19 6 4 59 Ife 10 IF. r He P; dm 7g Ij 0 (D ui Nod'Fit 9 :5: i n Q Page 43 G. Site Amenity Plans for Multi-Family&Townhome Developments—CUP(dated: 6/29/22) 0 #� r a L AWNINGABOVE �' P � QQOQQQQQQOQOQ �� g- ElioI Oil a � QQQQQ � 4 - Z � D 01, .Il-.SEi 2 mUTO 0 U� W Z ,L, L, ,1, H O z w Q L o � + a n w w O � � U Page 44 .. - + .. { w m f-' 40 Lij 7 I C1cm W L ry (-' ° r <FOG I Y a 0 -- LU 1 � +� 'f a uj Cl Page 45 H. Conceptual Building Elevations&Perspectives for Residential(dated: 6/30/22) Townhomes: N' A 41 a ■ Multi-Family Development—Apartment&Amenity Buildings: Kill McDermott Mixed-Use P„°o°,-0 MER° pivotfww Page 46 �1 �- o - VIEW a VEIN TO RESIDFHTIXIIOING,LOONNG NORTH WEST YEW&VEWTOIIESEENT BDELD€NG,LOOMNG SOUTH FAST ------------------- oil) WEW T.YEYI TD PEGIGFAT GOAIA1UNfTY fRDlll NNPE HIfdNlAY VEW A.AERIAL YEW TO AMENITY BVILOING GONCEKIMAGERY NG.3p.2YR2 McDermott Mixed-Use PNaJ00#21-059kk MERIDWN,ID pivot nodw 1.STREET(NORTH)ELEVATION enczrxauuxEirv�siorvwwr�Ess�� I �I Pu si ix ucvic wuv mewl r�evKxu.w� 2.STREET(WEST)ELEVATION 3.HWY16(EAST)ELEVATION BEEN — —Po 4.INTERIOR DRIVE(NORTH)ELEVATION O1 CONCEPT ELEVATION VIEWS SGALEHIC=Tat'@24u 06 102D22 McDermott Mixed-Use PNaJ08#21-0590ck,MERIDIAN,ID pivot north' Page 47 N II 1.OPEN SPACE ISOUTH)ELEVAnON 2.(WEST)ELEVATION 3-{EAST)ELEVATION 4.INTERIOR DRIVE INORTH)ELEVATION 02 CONCEPT ELEVATION VIEWS 06.30.2022 MuD noff and McDermott Mixed-Use PNa`JOB#21-059UsUck,MERIDIAN,ID pivotnoftW fpoo I-CLUBHOUSE ENTRY(SOUTH)ELEVATION kL 2.(WEST)ELEVATION 3.(EAST)ELEVATION 011;5,11 1 4.CLUBHOUSE POOL rDECK(NORTH)ELEVATION 03 CONCEPT ELEVATION VIEWS SI-E:1ltE=1'-0'®x4z36 06 302M McDenott and Us McDermott Mixed-Use PNS JOB#21_069tok,MERIDIAN,ID pivot noftW Page 48 r ILLJ ll� m I llll��RRUC I BFU.VE -NRER.-I I RALIN. S s 'ed�l�j{�llllll 9.PAINi MLTALLORVER3 0RWNYL x2.VERRN:ALW000GRAIx 13.W000RIRGEBEAMO L 1d.G1RLE GORMERYEML AL CULIEW 16-PNRLtDRARANE R DOLOR BNEEUERB 1. 15C E 13S 6 5 2G 4 10 12 11 G fA 2C 9C 3C bC iC _q SHERWH-LIAM-6685 SHERWIN WILLNM6 SW1036 r�L suEawewl�iw - -x us swrR�s NUMBERS OEruiE MATERwLs AHLMniEwALsANNo D0u ER . ,- --�_� -- __—— _ LL7iLRS BExo3Ecaoas ARImovEBEquu CONCEPT DETAOJ MATERIAL BOAR" I�+ 06 29_'M McDermott Mixed-Use MBD..PNa .NdII 1ck,MERIDIAN,ID ^ivotnortW Page 49 I. Emergency Access Exhibit Approved by Fire Department BLOtlT BLOCK��T��[�rIXT`t'JmLLreclac�i>_Lm.J � I � �4 R L L{{ L.uC c�c]P Cuc ��7 i BLOCK SEr`ed uvlm R w I - u ....... d i J � T71 1 —• d Jc• t` I* ZI J a�l XAiOuINE-ffF$MEET PIENi MtTCIELIN[-ffE 9�EfT W F;Fad s a:s._ zz ALOCK j z 3 ~ -Mr z y & - - o,C g - i � a 1 i P Page 50 J. 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I 4 CVR6t0R EOGE50FRPAYEMENT VNlE55 Q 'CONSTRUCTION T� I y I I narE°°rHFINIoA I RAMP AB STA 5.0 . Ofi9 s REFER �ivaxAO OETAt15 FO0. N 717743.3 . 619-0356 ME0IA A0 E 243288.229 z! 4° 13.70. GRIFFIN.]AMES F I KEY MAP ` v 102,64'RT GOVT•LOT 1,SEC,5 I I 14 7+3;iT t 1 ; 1427+ T3N, R1W, B.M.16 I �x 67,92 CL f I 1 6 Il PI=Y3432.76.14 1 ' .�.� 83,92' f 11 6 2R33433a•RT I II r L -566.76' . I O/i4��G5N5A E 120 0 20 R=2200.78I® ----- 1427+305 ME C398T9 I Sc0e, V=4W TE R�FA, / 115�R2'RT 4 P . S[ REVISIONS I DE— g,STMK ILI5"OM" IDAHO PROJECT NOS ROADWAY PLAN SHEET FNGL I SN rJ NO OATS OESCRI :111 ME FOR I]'X n^ SH-16,USTICK RD TO US20R6 E DESIGN CNECNOED PMxrs-LT TRANSPORTATION' CO�TM a1ska ,p I OEFAaE. wV6 F FILE NAME DEPARTMENT A023(408) ADA AND CANYON COUNTY XEl'x0M6ER q N' y 1,sRAv6s 4 •gym-�o"EI-�1=o.w - USTICK ROAD �OF� @J DRAWING CH oKEPO� [xN MG�Mo i �rIIAQSOCIATC��k. STA,2025+60 TO STA,2030+40 5"EEF 191 OF l62 Z•wti Page 51 K. Lots allowed to be reduced in size with Variance request BLOCK �`a�Gln �li ffr� � le le le -YT LINE-SEE SHEET LEET f ryv ;per a`j°°K1' 1��IuR �I'MJ ,E alp ! I1 j�lE� I , L`R�n�L�.c R6l J��JR 3 �+ BLOCK 19 � - ~I•n J f LU S uv • ��•� •1�Iryryry-ro-.Ilea LP UI- „�I1fs^L Lxs LI aoJ BLOCK I��r K 1- L�asJ uzlue s s] a 4 MATCHLINE-15EE SHEET lil,'HT t� i f I 02 n iT Page 52 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. Development of the subject property shall be generally consistent with the conceptual development plan, site plan,preliminary plat,conceptual phasing plan,landscape plan, open space and site amenity exhibits, and conceptual building elevations submitted with the application contained herein. b. The two(2)commercial buildings proposed on the northern portion of the site shall be arranged to create some form of common,usable gathering area, such as a plaza or green space as depicted on the conceptual development plan in accord with the mixed-use guidelines in the Comprehensive Plan (see pg. 3-13). c. A minimum 25-foot wide buffer shall be provided on the C-G zoned property to the .,djaeort fysi enti i use t the west(Fle er-#S0432439950 and t the future multi- family residential uses in this development as set forth in UDC Table 11-2B-3,unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3B-9C.2. The buffer shall be landscaped in accord with the standards listed in UDC 11-3B-9C. rate.If the land use an d. Noise mitigation shall be provided within the buffers along future SH-16 in accord with the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. e. Private streets shall be required within the multi-family development for addressing purposes and shall comply with the standards listed in UDC 11-3F-4. The private street application shall be submitted prior to or concurrently with the final plat application. f. A 10-foot wide multi-use pathway shall be provided within the street buffers along N. Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement. g. The final plat shall be recorded prior to issuance of building permits for any structures within this development. h. All future structures constructed on this site shall comply with the applicable design standards contained in the Architectural Standards Manual. Preliminary Plat: 2. The final plat shall include the following revisions: a. Include a note granting cross-access/ingress-egress easements between all commercial lots in the subdivision via a note on the final plat or a separate recorded easement. b. Depict all street landscape buffers in a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business Page 53 owners' association asset forth in UDC 11-3B-7C.2a.A minimum 35 foot wide buffer is required along future SH-16 and the interchange and along N. McDermott Rd., entryway corridors; a minimum 25 foot wide buffer is required along the western portion of W. Ustick Rd., an arterial street; and a minimum 10 foot wide buffer is required along local streets in the C-G zoning district, measured per the standards listed in UDC 11-3B-7C.1. c. Depict the easements for all waterways (i.e.the Sky Pilot Drain,the Eight Mile Lateral and the Noble Lateral)on the site; structures shall not encroach within these easements.A License Agreement is required with NMID for any encroachments within the easements. If the location of the Eight Mile lateral changes, the new location shall be depicted on the plat. d. All R-15 zoned lots shall be a minimum of 2,000 square feet as set forth in UDC Table 11-2A-7 except for the 44 lots approved to be reduced to 1,694 square feet with approval of the Variance request(see exhibit in Section VII. K for specific lots affected by the variance). e. Graphically depict zero(0) lot lines on the internal lot lines where the townhomes are proposed(i.e.where structures will span across lot lines). 3. The landscape plan submitted with the final plat shall be revised as follows: a. Depict the bollards proposed to restrict access to the emergency access driveway off W. Ustick Rd. completely outside of the right-of-way. b. Depict a 10-foot wide multi-use pathway within the street buffers along SH-16 within a 14-foot wide public use easement;the easement shall be submitted to the Planning division prior to submittal of the final plat for City Engineer signature. c. Depict landscaping along all pathways as set forth in UDC 11-3B-12C. d. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C. (See updated standards) e. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3. f. Change the Fraxinus Pennsylvanica"Marshall's Seedless"Green Ash tree to another variety per the City Arborists' comments. g. Depict a minimum of two(2)points of site amenities for the townhome portion of the development from the Site Amenities and Point Value Table I1-3G-4. The Applieft should elar-ify prior-to or-at the Commission hearing what amenities are proposed. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and I1-2A-8 for the R-40 district; and UDC Table 11-2B-3 for the C-G zoning district. 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B,unless otherwise waived by City Council. 6. Cross-access/ingress-egress easements shall be provided between all commercial C-G zoned lots in the subdivision via a note on the final plat or a separate recorded easement. 7. The emergency access driveway required and approved by the Fire Dept. off W.Ustick Rd. east of future SH-16 shall be approved by ITD as it's located within the influence area of their intersection project. 8. All alleys shall comply with the standards listed in UDC 11-6C-3B.5. Page 54 Conditional Use Permit: 9. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development and the dimensional standards listed in UDC Table 11-2A-8 is required. 10. The site/landscape plans included in Section VII shall be revised as follows: a. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3- 27B.2. b. Depict the location of the property management office;maintenance storage area; central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3- 2 7B.7. c. Depict safe pathway connections from the proposed multi-family development to the abutting high school to the west. f. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. g. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one (1) tree per 100 linear feet of pathway. i. Depict a minimum of 20 bicycle parking spaces per the standards listed in UDC 11-3C- 6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations for each multi-family building and the amenity building. j. Depict a minimum of 495 off-street parking spaces for the development in accord with the standards listed in UDC Table 11-3C-6 and 11-3C-6B.1 per the analysis in Section VI. k. At a minimum, depict site amenities consisting of the following: a clubhouse with a fitness facility, a swimming pool and spa with cabanas and an outdoor lounge area; 10- foot wide multi-use pathways and internal walking trails; a plaza; a pickleball sports court; a bike repair station; outdoor kite hen with a BBQ; a picnic area with tables,benches,landscaping and a shade structure; and a children's play structure. k. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. 11. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area as set forth in UDC 11-4-3-27B.5. 12. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. Page 55 13. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units in accord with UDC 11-4-3-27C.6. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the multi-family and commercial development to ensure compliance with UDC standards and development provisions associated with this application. A Design Review application is required to be submitted for approval of the townhomes. Final design of all structures must comply with the design standards in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 There is a sewer loop on the northern section. Sewer connects to McDermont in Block 1 and the existing SSMH-06. Reconfigure the design so this is removed. 1.2 Manhole SSMH-11 and SSMH-12 has angles of pipe in/out of manhole at less then 90 degrees.Adjust these manholes so min angle of pipe through manhole is 90 degrees. 1.3 Provide Steel Casing for all locations where sewer crosses future Hwy 16 per City's casing requirements. 1.4 All manholes require 14ft graveled/paved access path. 1.5 End of the line requires minimum 0.6% slope. 1.6 Ensure manholes are not located in curb/gutter. 1.7 Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. Adjust easements accordingly. 1.8 Area is subject to the Oaks Lift Station and Pressure Sewer Reimbursement agreement. 1.9 No permanent structures (trash receptacle walls,trees,bushes,buildings, carports, fences, infiltration trenches, light poles, etc.)are to be built within the utility easement. 1.10 Sewer must be built 1Oft from edge of easement. 1.11 Ensure no sewer services pass through infiltration trenches. 1.12 12-inch water main must be built to and through the development on McDermott Road. On west side of future SH-16,water must connect to north. 1.13 A streetlight plan will be required for the development of this property. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. Page 56 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. Page 57 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. A copy of the 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 hgps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 72855&dbid=0&redo=Meridian C ity Page 58 D. POLICE DEPARTMENT hygs://weblink.meridianciU.org/WebLink/DocView.aspx?id=2 79522&dbid=0&r0o=MeridianC hty E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=273744&dbid=0&r0o=MeridianC ity F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 76592&dbid=0&repo=MeridianCit X G. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 79662&dbid=0&repo=MeridianCit y&cr=1 H. PARK'S DEPARTMENT City Arborist: https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=2 72 795&dbid=0&repo=MeridianCit X I. COMMUNITY DEVELOPMENT SCHOOL IMPACT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 75929&dbid=0&repo=MeridianCit X J. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=273537&dbid=0&repo=MeridianCit y&cr=1 K. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 78192&dbid=0&repo=MeridianCit X L. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 75528&dbid=0&repo=MeridianCit X IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Page 59 The City Council finds the proposed zoning map amendment to R-15, R-40 and C-G and subsequent development is generally consistent with the Comprehensive Plan and the MU-R FL UM designation. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of commercial uses which will assist in providing for the service needs of area residents; and residential uses which will contribute to the range of housing opportunities in the City consistent with the purpose statement of the commercial and residential districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 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, the 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; Page 60 The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire,ACHD, etc.). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. 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. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 zoning district(see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map designation of MU-R and is allowed as a conditional use in UDC Table I1-2B-2 in the R-40 zoning district. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. Page 61 D.Variance(UDC 11-5B-4): 1. The variance relieves an undue hardship because of characteristics of the site; The City Council finds an undue hardship exists to this site due to the future extension of SH- 16 and the Sky Pilot Drain bisecting this site, which will be relieved by granting the requested variance. 2. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds granting the variance shall not be detrimental to the public health, safety and welfare. Page 62 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for McDermott Village Variance (VAR- 2022-0004) by Boise Hunter Homes, located at 3235 N. McDermott Rd., at the northwest corner of W. Ustick Rd. and N. McDermott Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI �N, AND DECISION&ORDER In the Matter of the Request for Annexation of 40.05-Acres of Land with R-15(17.12 acres),R-40 (15.85 acres) and C-G Zoning(7.08 acres); Preliminary Plat Consisting of 85 Building Lots [81 Townhome,One(1)Multi-Family and Three(3) Commercial] &Eight(8) Common Lots on 40.05- Acres of Land in the R-15,R-40 & C-G Zoning Districts; Conditional Use Permit for a Multi- Family Residential Development Consisting of 250 Dwelling Units on 12.19-Acres of Land in the R- 40 Zoning District; and a Variance to UDC Table 11-2A-7 to Allow 44 of the 81 Townhome Lots on the Eastern Portion of the Development to be Reduced from 2,000 to 1,694 Square Feet,by Woodside Avenue Investors,LLC. Case No(s).H-2022-0056&VAR-2022-0004 For the City Council Hearing Date of. December 13,2022(Findings on December 20,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 13, 2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 - 1 - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 13,2022,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 with the requirement of a Development Agreement, conditional use permit,preliminary plat and variance is hereby approved per the provisions in the Staff Report for the hearing date of December 13,2022, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -2- Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 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 December 13,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -3- By action of the City Council at its regular meeting held on the 20th day of December 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-20-2022 Attest: Chris Johnson 12-20-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-20-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING December 13,2022 Legend DATE: f I�Project Lflc❑iar , TO: Mayor&City Council FROM: Sonya Allen,Associate Planner -- ------ 208-884-5533 SUBJECT: H-2022-0056; VAR-2022-0004 McDermott Village—AZ,CUP,PP, VAR ii �• - -- LOCATION: 3235 N. McDermott Rd. at the northwest �+ corner of W.Ustick Rd. &N. McDermott Rd., in the SE 1/4 of Section 32,TAN.,R.1 W. (Parcel#SO432429360 &#SO432429355) f L PROJECT DESCRIPTION Annexation of 40.05 acres of land with R-15 (17.12 acres),R-40(15.85 acres)and C-G zoning(7.08 acres); Preliminary plat consisting of 85 building lots (81 townhome, 1 multi-family and 3 commercial)& 8 common lots on 40.05 acres of land in the R-15, R-40&C-G zoning districts; and Conditional Use Permit for a multi-family residential development consisting of 250 dwelling units on 12.19 acres of land in the R-40 zoning district. A Variance is also requested to UDC Table 11-2A-7 to allow 44 of the 81 townhome lots on the eastern portion of the development to be reduced from 2,000 to 1,694 square feet. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 40.05-acres(AZ);40.05-acres(PP); 12.19-acres(CUP) Existing/Proposed Zoning RUT in Ada County(existing);R-15,R-40&C-G(proposed) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Vacant/undeveloped land used for agricultural purposes Proposed Land Use(s) Mix of commercial(fuel sales facility&convenience store and flex commercial/office);and residential(i.e.multi-family apartments and townhomes) Lots(#and type;bldg./common) 85 buildable lots(81 townhome lots, 1 multi-family lot&3 commercial lots)and 8 common lots Phasing Plan(#of phases) 3 phases Number of Residential Units(type 250 multi-family apartment units& 81 townhome units of units) Page 1 Description Details Physical Features(waterways, The Eight Mile Lateral runs across the northeast corner of this site and the hazards,flood plain,hillside) Sky Pilot Drain runs across the southern portion of the site. Neighborhood meeting date 5/25/22 History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was prepared by Kittleson&Associates,Inc. es/no Access One access is proposed via S.Rolling Hill Dr. from E. Overland Rd.to the south; (Arterial/Collectors/State and two driveways will provide access from the commercial development to the Hwy/Local)(Existing and west via S. Silverstone Way from E. Overland Rd. (a signalized intersection Proposed) exists at Silverstone/Overland) Traffic Level Of Service Functional PM Peak Hour PM Peak Hour Roadway Frontage Classification Traffic Count Level of Service Ustick Road 1,304-feet Principal Arterial 321 Better than"E" I McDermott Road 1,304-feet Collector* 100 Better than"D" Stub A public stub street is planned to the north boundary of this property with the Street/Interconnectivity/Cros Aviator Springs development(H-2021-0065).W.Endeavor St.to the west is s Access planned to stub/connect to the west boundary of this property when the abutting Flower property(#SO432438850)re-develops. Existing Road Network N.McDermott Rd.,a residential collector street&entryway corridor;and W. Ustick Rd.,a residential arterial street&entryway corridor,abut this site along the south and east property boundaries. Existing Arterial Sidewalks/ None Buffers Proposed Road Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): Improvements • The intersection of Ustick Road and McDermott Road is scheduled in the IFYWP to be widened and reconstructed with design in 2026 and construction in the future. • Ustick Road is listed in the IFYWP and CIP to be widened to 5-lanes from Star Road to McDermott Road with design in 2026 and construction in the future. • Star Road is listed in the CIP to be widened to 54anes from Ustick Road to McMillan Road between 2031 and 2035. • The intersection of Ustick Road and Star Road is listed in the CIP to be widened to 4-lanes on the north leg, 4-lanes on the south, 5-lanes east, and 5-lanes on the west leg, and signalized between 2031 and 2035. SH-16 is planned to extend north/south through this property and an interchange is proposed at Ustick Rd. Anproved MF units Promected West Ada School District Approved lots per per attendance Students from Enrollment Capacity attendance area area Approved Dev. Pleasant View Elementary 614 650 3322 100 970 Star Middle School 893 1000 9667 321 ago Owyhee High School 1785 1800 6229 137 829 School of choice options Chief Joseph Elementary—Arts 200 N/A N/A 4 Barbara Morgan STEM Academy 21 500 N/A N/A • Distance(elem,ms,Its) Page 2 Description Details • Capacity of Schools • #of Students Enrolled • Predicted#of students 73+/- generated from proposed development Police Service • Distance to Police 7.5 miles Station • Police Response Time 6:59 minutes-doesn't currently meet response time goal of 3-5 minutes; however,response times will drastically decline when the MPD precinct opens in the Fall. _ • Calls for Service 313 within a mile of the site between 6/l/20 and 5/31/22 • Accessibility PD requests police access into each building's entry point using a multi- technology keypad • Specialty/resource needs None—MPD can service this development&already serves this area. • Crimes 54 within a mile of the site between 6/l/20 and 5/31/22 • Crashes 8 within a mile of the site between 6/l/20 and 5/31/22 • Other For more info,see Section VIILD Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining 14.42 MGD Balance • Project Consistent with Yes W W Master Plan/Facility Plan • Impacts/concerns Additional 11,691 gpd committed to model. Water • Distance to Water Services • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns Page 3 C. Project Area Maps Future Land Use Map Aerial Map (fLegend 0 (fLegend P•o-eoi Lacafian I Pra?ecl Locarar I iu`hn F �T ifils it ti I - °4� Fie ds z '• Sub ' MU-C . 4 Zoning Map Planned Development Map (fLegend UT; (Legend Prayed Laoaiion i ,UT R- let Proja in et Laoaan R-r y i R-$— _ Cidy Lirni� RUT r �T R_ — Planned Parcels -- �i � E RUT - -- -- i C-C i R- R- A. Applicant: Todd Tucker, Boise Hunter Homes—729 S. Bridgeway Pl.,Eagle, ID 83616 B. Owners: James Hunter,Woodside Avenue Investors, LLC—923 S. Bridgeway Pl., Eagle,ID 83616 C. Representative: Same as Applicant Page 4 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 10/19/2022 11/27/2022 newspaper Notification mailed to property owners within 300 feet 10/13/2022 11/22/2022 Applicant posted public hearing notice on site 10/24/2022 12/2/2022 Nextdoor posting 10/13/2022 11/28/2022 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Regional(MU-R). Note: The Applicant requested this designation as part of the update to the Comprehensive Plan in 2019. The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3- 17). Sample uses,appropriate in MU-R areas would include: All MU-N and MU-C categories, entertainment uses,major employment centers,clean industry, and other appropriate regional-serving most uses. Sample zoning include: R-15,R-40, TN-C, C-G,and M-E Transportation: State Highway(SH) 16 is planned to extend through this site and an interchange is planned at Ustick Rd. ACHD's Master Street Map doesn't depict any collector streets planned across this site. The segment of Ustick Rd. that this site fronts on is designated on the MSM as a residential arterial with 5-lanes and on-street bike lanes within 100-feet of right-of-way. The segment of McDermott Rd. that the townhome portion of the development fronts on is designated on the MSM as a residential collector with 3-lane roadway, a 46-foot street section within 74-feet of ROW. Due to the extension of SH-16, sidewalk is required on only the east side of the roadway. Transit services are not available to this site. Proposed Development: The Applicant proposes to develop the site with two (2)land use types— commercial(includes retail,restaurants, etc.) and residential(i.e.multi-family and townhome).No employment or public uses are proposed and it's unlikely any of the proposed uses will have a regional draw. The site is designed with the commercial uses along Ustick Rd.,an arterial street,with an integrated plaza area between the two northern buildings and multi-family development to the north along future SH-16. Townhomes are proposed on the east side of future SH-16 along N. McDermott Rd., a collector street. The proposed development is generally consistent with the conceptual MU-R plan in the Comprehensive Plan. This is the only property in this area with a MU-R designation; that along with the property being bisected by SH-16 in the future,which reduces the size of the property from 40 acres to 26.5 acres, makes it difficult to develop the property entirely consistent with the MU-R designation. Additionally,because an interchange is planned in this area and access is limited,the Comprehensive Page 5 Plan states retail and auto-generated services should be minimized and transition rapidly from the interchange to residential uses near the County line,which the plan proposes.For these reasons, Staff is amenable to only two(2)land uses and the lower intensity of uses(i.e.primarily residential) proposed rather than more intense commercial uses as is typically desired in the MU-R designation. Additionally,because of the bifurcation of this property with the SH-16 extension, interconnectivity and a full integration of uses within the overall site is not possible as typically desired in mixed use designated areas. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics) • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed 26.5-acre development(after right-of-way is taken out for SH-16) includes two types of land uses—commercial and residential. Because this is the only MU-R designated property in this area and the site is not very large and will be divided by a state highway, Staff is of the opinion the proposed number of land use types is sufficient. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The proposed development includes 250 multi family units at a gross density of 20.S units per acre. The multi family portion of the project is located along the west side of future SH-16 and at the northwest corner of the future interchange at Ustick Rd. An employment destination center is not proposed but Owyhee High School exists directly to the west. High-density development is desired near schools so that students can walk to school, reducing bussing needs and traffic in the area. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation." A conceptual development plan was submitted with the annexation request, included in Section VII.B. A Development Agreement that ties future development to this plan and the general guidelines for mixed use developments and specifically the MU-R designation is recommended as a provision of annexation. • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space." The conceptual development plan depicts a common plaza area between the northern two commercial buildings with a pedestrian walkway to the area from the southern lot(fuel facility/convenience store). • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." There is an existing low-density residential property along the west boundary of the site south of the Sky Pilot Drain adjacent to the proposed commercial uses.A public street(N. Glassford Ave) is proposed between the commercial buildings and the residential property but a buffer is not proposed to the residential property.A landscaped street buffer is proposed on the east side of the street. Per UDC Table 11-2B-3, a minimum 25 foot wide landscaped buffer is Page 6 required on C-G zoned properties to residential uses, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners. • "Community-serving facilities such as hospitals,clinics,churches, schools,parks,daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments." No such uses are specifically proposed in this development—the tenants of the commercial buildings are unknown at this time. Owyhee High School is located directly to the northwest of this site and an LDS seminary and Boys & Girls Club has been conceptually approved to develop on the adjacent property to the north next to the school in close proximity to this site. Although these uses are not within the MU-R designation, they are still provided nearby. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas,open space,libraries, and schools are expected; outdoor seating areas at restaurants do not count." A plaza/gathering area is depicted on the conceptual development plan between the two northern commercial buildings; there are no other public and/or quasi public spaces or places proposed. As noted above, a high school exists to the northwest and an LDS seminary and a Boys & Girls Club are planned to develop in the Aviator Springs development directly to the north. • "Mixed use areas should be centered around spaces that are well-designed public and quasi- public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." No such spaces are proposed on the conceptual development plan.Although a "mix"of uses (i.e. commercial&residential)are proposed, Staff wouldn't consider this a true mixed-use development due to the lack of integration and connectivity within the overall site, which isn't possible due to the extension of SH-16 through the property. A plaza/common open space area is depicted between the two (2)northern commercial buildings, which Stafffeels is appropriate given the development limitations for this site. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed commercial portion of the development is directly accessible to the multi- family residential portion of the development to the north and the single-family development further to the north (Aviator Springs) by both vehicles and pedestrians. Future SH-16 will separate the commercial and multi family development from the townhome development making it impossible for these uses to be directly accessible. Pedestrian pathways are proposed throughout the commercial and multi family development and a 10- foot wide pathway is proposed to the single-family development to the north for connectivity. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." A roadway,parking area and landscape buffer is proposed between the commercial and multi- family development(150'between structures); and a 2-way drive aisle with parking on either side and a landscape buffer is proposed between the proposed multi family and future single- family development to the north (115'between uses) as a transition and buffer between uses. Page 7 • "Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed-Use areas. Staff's analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry, or entertainment uses. Residential uses are proposed over 86%of the development area at an overall gross density of 14.58 units/acre, consistent with the density desired in MU-R designated areas. The gross density of the multi family portion is 20.5 units/acre and the townhome portion is 7.71 units/acre. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail/commercial uses are only proposed to comprise of 14%of the development area in accord with this guideline. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%), based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas, such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus. That is to say,if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas,and some weather protection. That would mean that by providing a • half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed on this site and the retail development area is below the allowed 50016. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) Page 8 City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed retail/commercial uses should be compatible with the existing low-density residential use to the west if a 25 foot wide buffer is provided with dense landscaping as required by UDC Table 11-2B-3 and 11-3B-9C1 to minimize conflicts between land uses. The proposed multi family development should be compatible with future single-family residential uses to the north in Aviator Springs subdivision with the proposed separation in uses by drive aisles,parking and a densely landscaped buffer to minimize conflicts between higher and lower density residential uses; and to the high school to the west. The proposed townhomes should be compatible with existing low-density residential properties across McDermott Rd. to the east and any future redevelopment of that area with MU-I(Mixed Use —Interchange) uses; and also, the future research and development use to the north, which is proposed to be separated by a 75 foot wide densely landscaped buffer. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed apartments and townhomes will provide housing in close proximity to Owyhee High School which will reduce bussing and vehicle trips in the area. The proposed retail/commercial uses should provide benefits to future residents of being able to live, shop and possibly work nearby enhancing overall livability and sustainability. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) The conceptual development plan depicts pedestrian pathways throughout the commercial and multi family residential developments and to the adjacent single-family residential development to the north (Aviator Springs)for interconnectivity. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police and Fire Dept. currently fall outside of response time goals; however, when the new MPD precinct opens in Fall of 2023 and Fire Station#8 is constructed and staffed in late summer of 2023, response time goals will be met. Page 9 • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) Safe pathway connections should be provided from the proposed multi family development to the abutting high school to the west. Usable open space and quality amenities are proposed with the multi family development that exceed UDC standards. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01 C) A minimum 35 foot wide landscaped street buffer is required to be provided along future SH- 16 and N. McDermott Rd., both designated entryway corridors. Noise mitigation is required within the buffer along future SH-16 per the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. • "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves."(3.03.03I) This property abuts City annexed land to the north and west; a large enclave area of County land exists to the east. This area is largely sprawl with a lot of properties still in Ada County to the east and southeast. The land directly to the south is within Canyon County s Area of City Impact boundary. Annexation of this property will not create additional enclaves and will actually decrease the existing enclave area. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban infrastructure as noted is required to be provided with development in accord with UDC standards. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation: The proposed annexation is for 40.05 acres of land with R-15 (17.12 acres),R-40 (15.85 acres) and C-G zoning(7.08 acres). The proposed use of the property will include a mix of commercial uses, including a fuel sales facility&convenience store and flex commercial/office(tenants have not been identified at this time)on 3.8 acres in the C-G district,multi-family residential apartments on 12.19 acres in the R-40 district, and townhomes on 10.51 acres of land in the R-15 district. The right-of-way proposed to be dedicated for the future extension of SH-16 consists of 13.55 acres of land. A conceptual development plan was submitted, included in Section VII.B below that shows how the overall property is planned to develop. Based on the analysis above in Section IV, Staff is of the opinion the proposed annexation, zoning and development plan is generally consistent with the Comprehensive Plan with the provisions noted in Section V111 as discussed herein. A multi-family development requires approval of a Conditional Use Permit(CUP)in the R-40 zoning district, subject to the specific use standards for such listed in UDC 11-4-3-27, and townhouse dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. Commercial/retail and fuel sales facility uses are listed as a principal permitted use in the C-G zoning district per UDC Table 11-2B-2,fuel sales facilities are subject to the Page 10 specific use standards listed in UDC 11-4-3-20. Other uses may be allowed as noted in the Allowed Uses in the Commercial Districts Table 11-2B-2. The proposed uses and zoning districts are listed as appropriate uses and zoning in the Comprehensive Plan for the MU-R designated area. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application,Staff recommends a DA is required with this application,containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed preliminary plat consists of 85 building lots(81 townhome, I multi-family and 3 commercial)& 8 common lots on 40.05 acres of land in the R-15,R-40&C-G zoning districts. The Applicant anticipates the development will be constructed in three(3)phases with the multi- family development first,the townhomes second and the commercial last unless they get a demand for the commercial,then it might be second. Existing Structures/Site Improvements: There are no existing structures or improvements on this site. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and I1-2A-8 for the R-40 district; and UDC Table H- 2B-3 for the C-G zoning district. Some of the R-15 zoned lots do not comply with the minimum lot size of 2,000 square feet per dwelling units; revisions are necessary to comply. Zero (0)lot lines should be graphically depicted on the plat on the internal lot lines where the townhomes are proposed(i.e.where structures are proposed to span across lot lines). Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Road Improvements [Capital Improvements Plan(CIP)/Integrated Five Year Work Plan (IFYWP)]: The intersection of Ustick Road and McDermott Road is scheduled in the IFYWP to be widened and reconstructed with design in 2026 and construction in the future.Ustick Road is listed in the IFYWP and CIP to be widened to 5-lanes from Star Road to McDermott Road with design in 2026 and construction in the future. Star Road is listed in the CIP to be widened to 5- lanes from Ustick Road to McMillan Road between 2031 and 2035. The intersection of Ustick Road and Star Road is listed in the CIP to be widened to 4-lanes on the north leg,4-lanes on the south, 5-lanes east, and 5-lanes on the west leg, and signalized between 2031 and 2035. See ACHD's staff report in Section VIII.I for more information. Access(UDC 11-3A-31 A public street access is proposed via W.Ustick Rd., an arterial street,to the portion of the site west of future SH-16. A stub street is proposed to the property to the north(Aviator Springs)to connect to a planned stub street to this property.Another stub street(W. Endeavor St.)is proposed to the school property to the west for future extension and connection to N. Owyhee Storm Ave., a collector street.Alleys/private streets are depicted on the plat in the proposed Page 11 multi-family development. Private streets should be provided for addressing purposes.A private street application should be submitted prior to or concurrent with the final plat application. Two(2) accesses are proposed via N. McDermott Rd.,a collector street,to the portion of the site east of future SH-16. McDermott Rd. is planned to dead-end in a cul-de-sac just north of Ustick Rd. and not connect to Ustick when the interchange is constructed. An emergency only access is proposed out to W.Ustick Rd.that has been approved by the Fire Dept.; ITD has verified that this access does not touch or abut the State Highway system. The bollards should be located completely outside of the right-of-way.ITD's roadway plans for the existing Ustick/McDermott Rd. intersection are included in Section VIII.I.Alleys are proposed for access to the townhome units located north of W. Aspenstone St. and south of Beechstone St.All alleys must comply with the standards listed in UDC 11-6C-3B.5. The proposed alleys appear to comply with these standards. Cross-access/ingress-egress easements should be provided between all C-G zoned commercial lots in the subdivision via a note on the final plat or a separate recorded easement. Pathways(UDC 11-3A-8): The Pathways Master Plan depicts a 10-foot wide multi-use pathway along W. Ustick Rd. on this site; a 10-foot wide pathway is depicted on the landscape plan as required. A 10-foot wide multi-use pathway is proposed within the street buffer along the west side of N. Glassford Ave.,consistent with the developments to the north,which crosses to the east at the north boundary of the site within the buffer along SH-16 which will connect to the pathway planned to the north in Aviator Springs.A 14-foot wide public use easement is required for the pathway; the easement should be submitted to the Planning division prior to submittal for City Engineer signature on the final plat. Internal pedestrian pathways are proposed throughout the central common open space area and to the commercial development to the south. Safe pathway connections should be provided from the proposed multi-family development to the abutting high school to the west. Sidewalks(UDC 11-3A-17): Detached sidewalks are required along all collector and arterial streets; attached sidewalks may be provided along local streets. Sidewalks are not required along I-84; however, a pathway is proposed within the buffer.ACHD is requiring a sidewalk to be constructed off-site along one side of S.Rolling Hill Dr.with development of this site. Landscaping(UDC 11-3B): Street buffers are required to be provided as follows: A minimum 35-foot wide buffer is required along future SH-16 and the interchange and along N. McDermott Rd., entryway corridors; a minimum 25-foot wide buffer is required along the western portion of W.Ustick Rd., an arterial street; and a minimum 10-foot wide buffer is required along local streets in the C-G zoning district,measured per the standards listed in UDC 11-3B-7C.la. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C(see updated standards). Street buffers are required to be maintained by the property owner or business owners' association and should be depicted on the plat in a common lot or permanent dedicated buffer per UDC 11- 3B-7C.2b. Landscaping is required adjacent to all pathways in accord with the standards listed in UDC 11-3B-12C. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3. Page 12 The City Arborist requests a change in tree selection of the Fraxinus Pennsylvanica "Marshall's Seedless"Green Ash is changed to another variety due to a future threat of Emerald Ash Borer. There are no existing trees on the site to be removed or that require mitigation. Common Open Space(UDC 11-3G-3B): A minimum of 15%qualified open space is required to be provided within the townhome portion of the development that meets the quality standards listed in UDC 11-3G-3A.2. Based on 10.51 acres,a minimum of 1.58 acres of qualified open space is required. A total of 3.33 acres of qualified open space is proposed on the open space exhibit included in Section VII.F in excess of UDC standards(i.e red hatched areas). Open space areas consist of open grassy areas of at least 5,000 square feet and linear open space. Site Amenities(UDC 11-3G-4): A minimum of 2 points of site amenities are required based on 10.51 acres of development area from the Site Amenities and Point Value Table I1-3G-4. It's He eleaf to Staff what is Two(2)pickleball courts at 4 points each are proposed for site amenities in the townhome portion of the development,which exceeds UDC standards. The npplieapA shoul Noise Abatement: Noise abatement is required for residential uses along state highways per the standards listed in UDC 11-3H-4D. A 10-foot solid screen wall is proposed. Noise abatement should be provided within the street buffers along SH-16 that are adjacent to residential uses per the standards listed in UDC 11-311-41)for residential uses adjoining a state highway.A berm or a berm and wall combination that's a minimum of 10-feet higher than the elevation at the centerline of the state highway is required.Include a cross-section of the berm or berm/wall that complies with this standard with the final plat application(s). Storm Drainage(UDC 11-3A-I81: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical Engineeringeport for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-II C. Pressure Irrigation(UDC 11-3A-151: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian Irrigation District boundary. Utilities(UDC 11-3A-211: Utilities are required to be provided to the subdivision as required in UDC 11-3A-21.. Street lights shall be installed in accord with the City's adopted standards, specifications and ordinances/ Waterways(UDC 11-3A-101: The Sky Pilot Drain crosses the southern portion of this site within a 100-foot wide easement; the Eight Mile Lateral crosses the northeast corner of the site within a 50-foot wide easement; and the Noble Lateral runs along the east boundary of the site within a 40-foot wide easement(20-feet from centerline each side). The easements for all of these waterways shall be depicted on the final plat; structures shall not encroach within these easements.All waterways on this site shall be piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. This project is not within the flood plain. The developer has requested ITD relocate the Eight Mile Lateral to accommodate the proposed development plan. Because the plans have already been designed and environmental approvals Page 13 obtained to pipe it in its current location, a change this late in the process may not be approved. If the location of the lateral changes,it should be depicted on the plans submitted with the final plat application. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid screen fence is proposed along the northern&western boundaries of the multi-family development. C. Conditional Use Permit(CUP): A Conditional Use Permit is requested for a multi-family residential development consisting of 250 dwelling units on 12.19 acres of land in the R-40 zoning district in accord with UDC Table 11-2B-2. The proposed development will have (12) 3-story multi-family structures and a 9,055 square foot amenity building centrally located within the complex. Six(6)different floor plans are proposed with a mix of units consisting of 1-(97),2-(114) and 3-(39)bedroom units ranging from 712 to 1,278 square feet in size. Specific Use Standards(UDC 11-4-3-27): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties. The site plan included in Section VII.D depicts buildings at a minimum setback of 10 feet; no greater setback is required. 2. 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 plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The Applicant's narrative states each dwelling unit is provided with a minimum 80 square foot attached patio or deck, which meets this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. Page 14 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title.A minimum of 477 off-street parking spaces are required for the multi family development with 250 of those being in a covered carport or garage; a minimum of 19 bicycle parking spaces are required.A minimum of 18 spaces are required for the amenity building with a minimum of one (1) bicycle parking space. The minimum number of spaces required overall is 495 with a minimum of 20 bicycle spaces. A total of 482+/-parking spaces are proposed overall, with 250 of those being covered, and 20 bicycle spaces, which does not meet the minimum standard.A revised parking plan that meets the minimum standards should be submitted prior to the Commission hearing. Bike racks should be provided in central locations for each multi family building and the amenity building. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site amenity plan included in Section VII.G depicts a leasing area (property management office), a maintenance storage area and mailbox location (including provisions for parcel mail), in accord with this standard. The location of the directory and map of the development should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed 10% of the gross land area for multi-family developments of 5 acres of more.A minimum of 1.22 acres of common open is required to meet this standard. Common open space areas are also required to comply with the standards listed in UDC 11- 4-3-27C.2,which state that open space areas must be integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. These areas should have direct pedestrian access,be highly visible, comply with CPTED standards and support a range of leisure and play activities and uses—irregular shaped, disconnected or isolated open spaces do not meet the standard. Open space areas should be accessible and well connected throughout the development(i.e. centrally located, accessible by pathway and visually accessible along collector streets or as a terminal view from a street). Open space areas should promote the health and well-being of its residents and support active and passive uses for recreation, social gathering and relaxation to serve the development. The proposed common open space meets these standards. All multi-family projects over 20 units are required to provide at least one(1) common grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for general activities by all ages,which may be included in the minimum required open space. The area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. The Applicant proposes two (2) central common open space areas of 67,632 and 29,360 s.f that meets this requirement. Page 15 In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.All units contain more than 500 square feet(sf.) of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area.A total of 211 units contain between 500 and 1,200 sf of living area; therefore, a minimum of 52,750 sf. (or 1.21 acres) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.A total of 39 units contain more than 1,200 sf.; therefore, a minimum of 13,650 sf. (or 0.31 acre) of common open space is required. At a minimum, a total of 66,400 sf. (or 1.52 acres) of qualified outdoor common open space is required to be provided per this standard. In order to meet the baseline requirement noted above and this standard, a total of 119,500 sf. (or 2.74 acres) of common open space is required. A total of 146,094 sf. (or 3.35 acres) of qualified open space is proposed in excess of the minimum standards as shown in Section VII.F(red hatch areas). Qualified areas consist of central commonlamenity areas and a pedestrian corridor where a multi-use pathway is planned. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20').All of the red hatched areas depicted on the open space exhibit in Section VII.G meet this requirement. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The Applicant anticipates the multi family development will be constructed in one phase. If not, compliance with this standard is required. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009) None of the common open space areas are located adjacent to a collector or arterial street. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. Page 16 (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop (4) Charging stations for electric vehicles 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20)and seventy-five (75)units,three (3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five (75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Proposed amenities include a clubhouse with a fitness facility, a swimming pool and spa with cabanas and an outdoor lounge area, 10 foot wide multi-use pathways and internal walking trails, a plaza, a pickleball sports court, and a bike repair station. A BBQ area is depicted on the site plan;Staff recommends this area is constructed as a commercial outdoor kitchen.An outdoor seating area is also depicted on the site plan;Staff recommends this area is constructed as a picnic area with tables, benches, landscaping and a shade structure. Staff also recommends a children's play structure is provided. Staff is of the opinion these upgrades and addition of an amenity is commensurate with the number of units proposed Page 17 E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping, including noise abatement along future SH-16, is required to be provided with the subdivision improvements as noted above in Section V.B. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B- 12C. A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid screen fence is proposed along the northern&western boundaries of the multi-family development. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structures, included in Section VII.H. The townhomes are proposed to be 2-or 3-stories in height,the multi-family structures are proposed to be 3-stories in height, and the clubhouse if proposed to be a single-story in height; building materials consist of a mix of vertical board&batten fiber cement siding and horizontal lap siding with brick veneer siding and wood ridge beam accents,metal awnings and asphalt shingle roofing. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the multi-family and commercial development to ensure compliance with UDC standards and development provisions associated with this application.A Design Review application is required to be submitted for approval of the townhomes.Final design of all structures must comply with the design standards in the Architectural Standards Manual. D. Variance(VAR): A Variance is requested to UDC Table 11-2A-7 to allow 44 of the 81 townhome lots on the eastern portion of the development to be reduced from 2,000 to 1,694 square feet.UDC 11-513-4 allows requests to vary from the requirements with respect to lot size. Page 18 hi order to grant a variance, City Council must make the findings for such,which state the variance relieves an undue hardship because of characteristics of the site; and the variance shall not be detrimental to the public health, safety and welfare per UDC 11-5B-4E. The Applicant's narrative states there are several characteristics of the site that create an undue hardship,as follows: • The angle of the SH-16 right-of-way determined by ITD creates a remnant parcel that is an unusual shape for development and restricts how the property can be developed. • The Sky Pilot drain traverses through the middle of the property within a 100-foot wide easement where no structures may be located,which reduces the amount of developable space on the property. • Ustick Road where it abuts the property will be widened to accommodate the SH-16 interchange,which reduces the amount of developable space for the property. • McDermott Rd.will be terminated with a cul-de-sac, eliminating access from Ustick Rd. which reduces the viable uses for the property. • McDermott Rd. is in a fixed location and must be widened to meet ACHD standards,which further reduces the amount of developable area. • A landscape buffer is required to be provided along the northern property boundary adjacent to the light industrial use proposed on the abutting property,which also reduces the developable space for the property. Although these characteristics do exist, Staff finds they do not prevent the Applicant from reducing the number of lots within the development in order to comply with the minimum lot size standard of 2,000 square feet. If a variance is approved, alternative compliance will also be necessary to reduce the street buffer along McDermott Road, an entryway corridor,in order to accommodate the proposed layout. Reducing the number of building lots will allow compliance with the minimum lot size standards as well as street buffers. Therefore, Staff is not supportive of the proposed variance request. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement,preliminary plat and conditional use permit and denial of the requested variance with the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on November 3,2022.At the public hearing,the Commission voted to recommend approval of the subject AZ, CUP and PP requests. 1. Summary of Commission public hearing: a. hi favor: Travis Hunter,Josh Evarts,and Todd Tucker b. In opposition: None C. Commenting: Ron Hopper,Rod Green,and Paul Elam d. Written testimony: Todd Tucker,Boise Hunter Homes e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kurt Starman 2. Key issue(s) testimony Page 19 a. Additional traffic on Ustick and McDermott Roads. b. Transition of the McDermott Village development to the rural residential in the area. c. Amount of development occurring in the area. 3. Key issue(s)of discussion by Commission: a. Timing for the construction of SH 16 and the commencement/completion of phase 1 construction. b. Impacts of increased traffic on Ustick Road. 4. Commission change(s)to Staff recommendation: a. At Staff's recommendation,Commission modified DA provision#A.1 f to read, "A 10- foot wide multi-use pathway shall be provided within the street buffers along N. Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement. b. Commission modified condition of approval#10k. to replace commercial outdoor kitchen with outdoor BBQ. 5. Outstandingissue(s)ssue(s) for City Council: a. Applicant requests Council waive condition#Al.c in Section VIII that requires a 25-foot landscape buffer adjacent to the Flowers propeM along the west boundary of the proposed development. This request was supported by the Commission. The requirement does not apply because right-of-way will separate the subject property from the residential property. C. The Meridian Citv Council heard these items on December 13,2022.At the public hearing.the Council moved to approve the subject AZ. CUP. PP and VAR requests. 1. Summary of the City Council public hearing: a. In favor: Travis Hunter,Josh Evarts,Todd Tucker b. In opposition: Rod Green,Randi Bussert c. Commenting: Sue Waggoner d. Written testimony.None e. Staff presenting application: Sonya Allen f Other Staff commentin&oWapplication: None 2. Key issue(s)of public testimony: a. Concern pertaining to increased traffic on McDermott Rd. and the safety of the Green's access via McDermott Rd.: b. Concern pertaining to growth and property values in this area and affect on adjacent rural residential properties• 3. Key issue(s)of discussion by City Council: a. Supportive of the proposed development plan. 4. City Council change(s)to Commission/Staff recommendation: a. Council approved the Applicant's request to strike the portion of condition#A.1 c in Section VIII that requires a buffer adjacent to the Flower's property at the west boundary of the site. b. City Council approved the Variance request based on the hardship for this property created from the bisection of SH-16 and the lateral(Sky Pilot Drain)across the property. Page 20 VII. EXHIBITS A. Annexation Legal Descriptions&Exhibit Maps a IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208)846-8570 Fax: (208)884-5399 McDermott Village Subdivision Annexation Boundary Description Project Number 21-575 June 15,2022 The southeast quarter of the southeast quarter of Section 32,Township 4 North, Range 1 (Nest, Boise Meridian,Ada County, Idaho,and being more particularly described as follows: BEGINNING at the southeast corner of the southeast quarter of the southeast quarter of Section 32,Township 4 North, Range 1 West, Boise Meridian: Thence N89'17'49"W, 1325.58 feet along the south line of the southeast quarter of the southeast quarter to the east sixteenth-section corner; Thence N00°33'07"E,1316.23 feet along the west line of the southeast quarter of the southeast quarter to the southeast sixteenth-section corner; Thence S89"19'58"E,1324.63 feet along the north line of the southeast quarter of the southeast quarter to the south sixteenth-section corner; Thence S00"30'38"W, 1317.06 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 40.05 acres,more or less. AL s� Page 1 of 1 �r� �£OF I S. Page 21 Scale: 1"=400' 0 100 200 400 800 Lagerid 5.32 5.33 E1/4 Property Corner Property Boundary Line — - - --— Parcel Line 1 --- Section Line co N !2 I 2i; Ix ICr) b Ql [V Q C] I I I I h� SE1/16 S89.1 9'58"E 1324,63' S1/16 O r4 a} w ±40.05 Acres m o a rai o `v r] O vJ O Q En 5.32 E1/16 5.32 5.33 S.5 N89'17'49"W 1325.58' S.5 S.4 W. Ustick Rd. Point of Beginning P:\M75 N IA[0e It Rd Snd•y 21-578`d"\21-579 M....limA,, &/15�2M 717:22 Pu Jah Ho. IDAHO Exhibit Drawing for 2t-5�s SURVEY OGE.1EOADUaST Shaft Na. 6U)04&8 daalr6l Annexation (aoel aar-ssro GROUP, LLC Situated In the southeast quarter of the southeast quarter of Section 32, Qwp. Oate Township 4 North, Range 1 West, B.M., Ada County, Idaho. �f15�2422 Page 22 11DAHO ')O3'S w 1tr*+ pkO SI SURVEY F L-, ID U704 GROUP Ph€m,.1 )&M-W57C Far: q205}004-5199 McDeemo411 lake 5uhdiiMi m Poaadnn C-G doundary Emwriptim NjeMber23-�78 MIND37r 2022 1;pence!of Lind sitr,ra4ed in Me 3bUdltdA qu4RIer t4 the waulhedx•t quarter 01 5eccierr 3z Tmwnshlp 4 Nonh,Range 1 VMr3,BoK*Moridrsn•Ada QwrMy,MahD,snd boing corm pmticukarhr described as fob: M-Gi N INS,at the cask mteenth-sertion oormr of Sectim 32,Township 4 Nw*,15angr i We�T,Miss Medidlak winch Gears RW 17'4VW..1325 5$feei ffom the iou hMt turner of SRctIcn 31: TMrbce NW33'07'E.4411.20 Few shin jt 7ht wedgy line di Rhre,ou+1 emt Auarter of th#,sDut hop 4s#quwkr; Thpanca Sjrj?'3VE,724A9 fact t,a the oemarline gf tlrq future Hlghwry 16; Therber SQ'1S'MrW,4S3.71 Feet abng the centerline of throe future Highway U Ea the Aulh IIM 01 Me SUUtMBST�JuW[er Of Me S&Ohe861 CIArtEr: TMrkee NWIT49"Wr 652-115 feet Did the 5*u1h lint d tfie S*UI ea5l QWeF Ql the southeast quxier to thpe KIN I bF Ei jrAmr4iNG. I he ahnvr•dvv-H cd p3rcel4mntalns 7.0 acres,rnwe or less ,V PW tUf] _ +r 14 Page 23 .1 rrrd Le a i!pn id IMR+ ++am P41M hNgd unr --- 541ew km Jri GW.v Unip Lp r I ID { F ti i I � M fl 3 l Y1,}'E � a loin k at Beginning Udl;rk Rd. ,AlF 11'h IDAHO fxh;bii Grumir+g (DF 75URVEY "M" G—G Rezone Shml No s awoa*wa Icy �� aRCLIP. LLC 7:xkd t ¢tm w.u&w..qwbw U In..w.I,.a.1 *.wIx al fKlYr .1a. Dwp baIR �w,3hF+ ti I Aaa6- rm 0A Ad CuLm F ldm kA?r"Z Page 24 * IDANO 1j9&5 yr Emrald R SURYFI Boise, ID 01704 G ROUP Phfte! 420 HIS-85M Ki Fax: IHill MM-5M MtOernmit allege Subdvls-on fiF2hne R-15- Ikmrmlaryr lkscriptlon Rrrliev Numgasr2!-578 Avg t 17,20Z2 A panel of lamed situated in the MkdheasC quarlar dF the:%DutheesJ1 quarter dF 5trtian 33Y 70lAlp ill Morzh.Adr"F i West.EosQ MerldLw,Ad?Ca4+n14,loeho,and being rwe Qarhtularl'desscnhed as fMaws: QEGirdiklllllra at IN!sauthagRi:corner o+f k Ilan 22,Tnwirship 4INDrih, R;3njF 7 lllrest, $oise-fl eridrasr. 1 hQncAp r4§'1T491VU,613.42 luat s"tho smkh Irr+dF intro sar,thwast ikLmFtor aFthe swrthwes4 quarter to the aentL-rhne of tlfre(Lftre Highway 1fK Thente NCW45'0C'E,1333.35 leel60ft Lhe cmt&rFm&of the future Hichway 16 W thm north line of Mho Mjh4je5t-qWarter of jhg[QukhCMt gkQrtgr. 1rhanto 5eFJ`1g5O''E,45.9.33 foot slang tht nar Hh Ilrrq of thi mubMast quactsr a# the ftL theast quar1t-W tore sbuth 3ihieenth-sedll3rr mmerr, Thefit&5CU'3Cf Si W,BITC16 feet illord 7h&Riil line 1A[he 3hu[lbea!n 4U.8ner w M@ Apth"St"pler t4 thip FiDir T IDF M13IMNI RG The ih8ua-rl&;mnM pa%nc,al-aruts1ms 17 17 wes,rnwe v'err J• p-Ve I of I + , A ' Page 25 51 -'0} sm Lend C7 Dirnmd" point ton■ Rau-mmur}•Lkr■ ftr;.d Un* Sdtlka L;d* I sips i . IG g � f- 02 Ln I4T 17.12 .„ � AtfM � 4 m rL IA 4 ' L -9$ I poln t of Bcyfrining 73" ty PI199-1 F'4TW 5375-5a' W. U9klGk Rd IDAHO ENwih4L Drum ,g rar -co !wow"WoRr n SURVEY �,m R-15 Rcza re wl ha �+ 1 slar"d h :ra F&udiw.d rILmw ee I,r ■a.-h-%,a-qL.WIv .0:.clam .42 Tmrilp t Yot% Rai 1 431. Ica SDMI) rdrfo ki{M�#W Page 26 IOAHQ 9925 W E1r MOLd St Su KVF r Sorim,16 S370 4 GROU R IPh I )W 070 156 Flex; g2mp OM-5399 Mrr O matt%MUEr`3ut3MVIrJM Re2une R-41) Dwn1M DfluIptIum PrDjed N u m ber23-.528 Aogwf 22, ELU A pwce4 of land sltrmt+ed In tfic sDkAheast quarter of the sautheart quarter of Setiian 22. Town&hip A harth4 RwV 1 Wait,Boite Wr idian,OAm{dunrg,Idaho, amd being more WcuLwN dowrihi d w Fr.Iltrrv#: Dmmergkig m tiro ioutheast cufn r of 34mlon 32.T000milip q 1I14, Rarer l Ott Boise Muidiark; TMwe KBT17'4VW, 1325.59 fleet along the iouRh line of the saui hmi quarter of She p¢ulhRast quarter W 1hq put slKW nth-wr#Ipn 14; Theme MCKY R07"E, "S.W Feet bluna the gust line dF the seuthe-mt quarter or,.he sarrhaaat qu artgr tip-qhq P{]INT QF BEGINNIOAl : Thgntrr cp,ntirrulrrg WG3"a3M7"P,SU.M NM;Jong ih4 wgFt Ilnq of thq$rthamt quarter QF 1he wwheast quarter tip the smurtfremt jkLeenth-sedrion :Dr mrr TMmce 5.M'15'5W'F,B55.29 feel j%mM the monk line 0 the 3arnheast iWaneop of thQ so-uthQag quwlq,r 1q thip wintpHinp of 1hp hu14mp Hlg"gy 14; Thencr '4SW"W,B?9.€$fmt along the centerkne oaf tive Future Highway 36; Thence NN'17'i M,724j69 fret is the POINT OF GEMNIMING The abase-derrulhe:d parcel contains 15.35 acres,n-pare-or less. I4 �. Riv 1 C'f 1r jr Page 27 4 riC Legend Dphw*kA FbM51 lwm bgmd%ry Un1F °QrCd Un■ 9nckbn LWm GQM or Li1 F ��+ SaoY�'E ti • 'E Ir t8.85 AC:rrs IJ 4 5. Xi - ID ti R-pint of Begs n Ing Asa Q M- W, I � I r aM LV k'- tl!DklCk lW. r,nn,i- -%P Inur III d,,mp i a era I DAHO 'ExI�li Dri3wilq +v V sae SURVEY ��" R-40 Rtz 1 GROUP. U C i#urm 111 4m.mi rmK qu¢br 131 1Or rvvk�mrri %xIr am% Gala la&%p%; +1arY, q 1 ti444 9hL, P* yw& dflx{m Page 28 B. Conceptual Development Plan, Overall Development Plan in the Vicinity&Concept Data : _ : � 1 :- -- ri i+t r. -3f I I I I + r, CONCEPTUAL DEVELOPMENT PLAN! Page 29 I • - + •'I R I I i� I I 1 Mid ti� I I * * a _ a t .. .. { ■I #f Page 30 Usd'dkf McDermott Residential PNot North Arch It c Meridian.ID 05/25/2022 2nning Sumrmry� Unll summary $ite Area: I NSF' 06« Nm*deck NSF SUB30iAL % "I Iyl JTHl 10.4 A )99 Site 2:IRetail/Cstprel 13.B9 AC High.,(N.AP.): 13.9 AC 1B l0 835 50 915 Subtotal I-bed 97 731 70,903 38.Y% prnpnsed- [urrenfIDning: RUT Rura 1,Urban Trami9oaal Proposed 2oning(mr):R-W (-a l 11 58 11 009 11,089 ]g 1,217 BO 1,197 MaB.Density: 43.56du/AC I1,000sf)dpl Proposed Density: 20.5 du/AC 2C 3S l,Ob1 w 1,0R4 Subtotal 2-bed 114 L024 216.780 45.6% sethackz Regwree: -¢mocks pmpnsed. Rear. 12' Pear. 2U min. 3A 39 1,289 EO 1,366 tilde In[: 3' slde Ire: 1U mip. Street S,,ted to Garage Required: Street Settark to Garage P.limtd: Subtotal3 ,d 39 1,285 Kit s 15.6% Local: 20' L-1, 20'min strret smbad:to Li-Required: -tined sethackm Uem,,prnp¢a¢d: 25p "1 are. ]9e 5F local: 10' Lacab 2tlmin. note ode u,a".onw.naaaemrl mnmr,pa"n..a: 5veer landscape n,M,Required; 5-Landscape Duffer Proposed: local: .1. L.A 20 min Ma,neighs w Proposed Belch L H41'-9" 6...pmi Parking wmmary', MYkil-1, Flr.-t," Mg. Bldg. .0, EH. pUnit Parking Required: Fading hopmed: Height: GSF.deck GSF Net sF R per floor b 111 total total MSel l: - 1-d amge: 1. lerel2: 10'-2" 116,)50 ]08,)50 99,IR1 A9% 100 1-bed He 25 221 Ca.port: R] lespl3: ll'-2" 113,636 103,63a 93,16E 9q% 100 3-bed 39 Z 1H Garport. 3Y Roof: in'-, Guest 250 0.1 25 standard: fit Tp I; 41'-9" 346,801 326.801 237.793 73% 250 NnMM Pad: 112 Amenity: 9,000 1/500 19 AmenM' 18 arallll Ssreec 25 s,Beetal Mukftnnkl: 4Tl AahenmlMulHFamily: 4n Covered: I 250 Covered 25'a CommercialOma: p oral - 5,549 C-steYe: 5,549 ]:SOD 6f t12 Retail l: 3,40i Retail 1: 3,407 1:500sf 7 Retail: 51 Retail 2: 6,117 Retail 2: 6,117 1500 sf 13 HC. 3 lercl l: Subblal[,d. suhmral[md� n Open 5pace5ummary. Bike Parking-Ary: Co....Open Spew Rinl.u.d: Common Open Space Propmed: Bike Parking Required: Bike parking proposed: B-Ime 1 mtlo total total )O%Wu3e_ m% 3 d Ground tevek 30,710 MUSllamlly, m110 mil 17,32d A robe mat oral Unea<SOOsf: 0 I50 - 13,629 MRIOPaend, 41 1:25 rM Coreredf5ecured: d20 Unit-500"'00 d: 211 250 52,"1 Total Required: 20 30vl Proposed: 20 D0 s1 Subtotal Required: 260 66,400 d eYblmal Nf i"W'ed: 111,613 d SYmedal MF Provider 14q,730 sP THK,tgre'. Asf ratio total total round Level: s%of sire 169,448 5% 8,473 Plaza: 15.- 5uhzrnalRequlred: aA7a p S.-Il Pmvl- )A CONCEPT DATA Npg: ai-acbamahca.d Bpb,e 1q Ypdate as morn info matbnia known 05 25 2022 McDermott Multifamily PNaJ B#21-nott.,Mendianla pivotOM' north aR[Hlreeruse Page 31 C. Preliminary Plat(date: 10/25/2021) &Conceptual Phasing Plan MCDERMOTT VILLAGE o 0 PRELIMINARY PLAT s A PORTION OF THE SE j OF SECTION 32, @ `s TOWNSHIP 4 NORTH,RANGE 1 WEST 0� ADA COUNTY,IDAHO OWNERIDEVELOPER GNILENGINEER LAND SURVEYOR PRELIMINARY PLAT DATA --^*^rr^•mrunao.,ec LEGEND zaE �n i s`�is] oamr p H E T_ urus �\e mra �c os nn as a x�:. .r. ,use ,reo 'E'? E PRELIMINARY PLAT NOTES rr r. rRa•.ss, E - SHEET INDEX .� • rAa•osss<sww muuxse .E xuM�x aie �e y r. w- r s A aAwossr rxs xwxnxr E rs nun xnr..n i..E xLQ - .. __�_•. __—_ LIT r ms _.0 a nms ITn Pmx % n E snm�c ouEnec•oxvq OBB W w.nnix.oE rcn c..e s. u r.r. ,u..nune. c nw.e.r - - O ggo a > a � J W C IL 01 17 Page 32 M BLOCK - II . I L MATCHLINE-SEE SHEET LEFT i SLOG( §w r 3igme x BLOCK L� •o��eJ`I=,o ae a ya •e h 3 sad e » FMAM^e nsl O 4 Z o a °'wi.ai� 19 is t J 3 BLOCKS Lu L��Ep+ 4 BLOGc tz Nm+ fi F F F Ik MATCHLINE°-°SEE SHEET RIGHT oft 02 r 17 Page 33 - - — 1 '1, c m = � BLOCK E'k R MATLHLNE-SEE SHLET LEFT - f M o a a e BLOCK r �� BLOCK 5 IL oza � IY A MAHEH NE-SEE i SHEET Ric*r Page 34 rt V �E a IF O G u f_ w �. 36 uj �„ Qy Page 35 D. CUP Site Plan for Multi-Family Development(dated: 6/30/2022) 7 LM _u � IMi;/ R7 E ir CD py MA7G UINE—SEE sxcET 14 III �2. BLOCK tI-Q I PI 0 NR R RV E HUNE—SEE SHEET 13 12 17 Page 36 E. Landscape Plan—PP&CUP (date: 6/30/2022) tilt ig LC qft,Vm,W 14 ca LLI RAW JNAL 0 Page 37 r ��: �_ � � 1111111111 1111111111�� ,►!� HININWRINNIN f� .g :ash !3fy, ..♦\\\ems \♦.♦♦♦♦♦.♦\ °"• � t QQ WEE ' � .mom V� .\�`\.\�: ♦; 7 '>� �'��\ 1 M � �4 [` r`'` NZ IMP Me ss \\\\\\\\\\\\\ Ab, �` r VANS .�• �a� 4'.I � •��\:,, ��' �� w� �6r it sw Mlwm i!i Fiiii� rusFri n �: ril nrpsrs iryrs r-f i#} ;; ,t+ �_�tk��.ke #d •ikll• ...•Fh1�kAAi�a1•A�i�� .,' - �i�!i� �i�i�l�i�ii��s�!�i�; 111111111111�. � 111111111111;,,,,,"• ,° h,,, a�>a+<:xx xx atx��.-��` �.e.� �r�:a a•�e:3.s i J.0 ju :pwl 11 lug 151; 171; .1; �IIM 'H U-1 15 il it LIJ I DR In 2 7p71: M I � PERj. z y 'M ;� N-M i S 0 c .-; in I NT =e 3; CC io LU H i5 g I ji!'I 111 9 1,11H .1.- W H i-M Q LLJ oil I ;,! m 1!4 ; a Rig LU 4 4F, I!i I i I Hs m rim U'R H.• M ;1 2. i 1je MR! LLJ. I VIM!, L ry A uj W. 3 co I? A Aousn 07. Page 39 LLP a: x . ii k, CL 1 1.1 N LLP LL ml x Up IM i1h i m Rb -4. 3,. iqLLP LLP Ch HIR i X Ng i! 0 Lu 6 )ousn ....... .... Page 40 'a�'�fa��irai�?�3r,�►e!£��f� rr��6�5df�h��;�r►r:�. r�i�r�€'�r� W'�!��r,�E[,�S��ir,��k,r;�yi r#, r�r��a��:,•�'� _; Mimi ININIORM, E=jli►: M i, Way,w 1111111111 �1111I MINIZiM r: .-.sae :tYM �. �� . \ mar•. �; .fr`r i�7�yy{,1- y'nC mar, ig. �� ;ra�.yr '►lF' �� " �....c..�'�57� �� q' �� :3 .,a 77 „ � � jK �1► �� ,iS pI 1 _ jqw ON (aao IF fir: 02 { ill IAN iIIlr,r jr+ r, r r r'+rps r sr aw �• MINN - 111111111111 iiiiiii, 111111�111113 _ ,` • ..d.: vi3 d r g� a +J^^ ' p I � e f �`•@ �:�•_. _---•'�� : ! Mil S:s y a 1 i 1°y Y°7 i e.y�i 8 Y! S eke g 3 or �u E' _5g?e a-I :R: 1"' "; : w .• c=`�i 1� _. e 9 I:' A go •gig G 8 g;'r& i"M Ygg &Y iff :'�:i 0 71 6 1$¢3aea e9 Q�5 i- :e' _: . =1 E ¢ tl i�: � � �� e�• C7 1,01 SH!iSal I HIM Al t s . : w 3 :@ S ia a� Y e Yjo 9i i i a`§�F '8 �i 7€ i.; �•Y: :�1: _C C 3a 23 9a A 'Sa! 29 : 0 zd o w VMN3'1J" O 8 LLI ib Q a 3 ❑ b Page 42 M.� Ldi a CL p. US N ME AN all b R In t z Eli 94, 4D LU ui IZ5 111 jr� j C3 C3 Ld .............. N �19 6 4 59 Ife 10 IF. r He P; dm 7g Ij 0 (D ui Nod'Fit 9 :5: i n Q Page 43 G. Site Amenity Plans for Multi-Family&Townhome Developments—CUP(dated: 6/29/22) 0 #� r a L AWNINGABOVE �' P � QQOQQQQQQOQOQ �� g- ElioI Oil a � QQQQQ � 4 - Z � D 01, .Il-.SEi 2 mUTO 0 U� W Z ,L, L, ,1, H O z w Q L o � + a n w w O � � U Page 44 .. - + .. { w m f-' 40 Lij 7 I C1cm W L ry (-' ° r <FOG I Y a 0 -- LU 1 � +� 'f a uj Cl Page 45 H. Conceptual Building Elevations&Perspectives for Residential(dated: 6/30/22) Townhomes: N' A 41 a ■ Multi-Family Development—Apartment&Amenity Buildings: Kill McDermott Mixed-Use P„°o°,-0 MER° pivotfww Page 46 �1 �- o - VIEW a VEIN TO RESIDFHTIXIIOING,LOONNG NORTH WEST YEW&VEWTOIIESEENT BDELD€NG,LOOMNG SOUTH FAST ------------------- oil) WEW T.YEYI TD PEGIGFAT GOAIA1UNfTY fRDlll NNPE HIfdNlAY VEW A.AERIAL YEW TO AMENITY BVILOING GONCEKIMAGERY NG.3p.2YR2 McDermott Mixed-Use PNaJ00#21-059kk MERIDWN,ID pivot nodw 1.STREET(NORTH)ELEVATION enczrxauuxEirv�siorvwwr�Ess�� I �I Pu si ix ucvic wuv mewl r�evKxu.w� 2.STREET(WEST)ELEVATION 3.HWY16(EAST)ELEVATION BEEN — —Po 4.INTERIOR DRIVE(NORTH)ELEVATION O1 CONCEPT ELEVATION VIEWS SGALEHIC=Tat'@24u 06 102D22 McDermott Mixed-Use PNaJ08#21-0590ck,MERIDIAN,ID pivot north' Page 47 N II 1.OPEN SPACE ISOUTH)ELEVAnON 2.(WEST)ELEVATION 3-{EAST)ELEVATION 4.INTERIOR DRIVE INORTH)ELEVATION 02 CONCEPT ELEVATION VIEWS 06.30.2022 MuD noff and McDermott Mixed-Use PNa`JOB#21-059UsUck,MERIDIAN,ID pivotnoftW fpoo I-CLUBHOUSE ENTRY(SOUTH)ELEVATION kL 2.(WEST)ELEVATION 3.(EAST)ELEVATION 011;5,11 1 4.CLUBHOUSE POOL rDECK(NORTH)ELEVATION 03 CONCEPT ELEVATION VIEWS SI-E:1ltE=1'-0'®x4z36 06 302M McDenott and Us McDermott Mixed-Use PNS JOB#21_069tok,MERIDIAN,ID pivot noftW Page 48 r ILLJ ll� m I llll��RRUC I BFU.VE -NRER.-I I RALIN. S s 'ed�l�j{�llllll 9.PAINi MLTALLORVER3 0RWNYL x2.VERRN:ALW000GRAIx 13.W000RIRGEBEAMO L 1d.G1RLE GORMERYEML AL CULIEW 16-PNRLtDRARANE R DOLOR BNEEUERB 1. 15C E 13S 6 5 2G 4 10 12 11 G fA 2C 9C 3C bC iC _q SHERWH-LIAM-6685 SHERWIN WILLNM6 SW1036 r�L suEawewl�iw - -x us swrR�s NUMBERS OEruiE MATERwLs AHLMniEwALsANNo D0u ER . ,- --�_� -- __—— _ LL7iLRS BExo3Ecaoas ARImovEBEquu CONCEPT DETAOJ MATERIAL BOAR" I�+ 06 29_'M McDermott Mixed-Use MBD..PNa .NdII 1ck,MERIDIAN,ID ^ivotnortW Page 49 I. Emergency Access Exhibit Approved by Fire Department BLOtlT BLOCK��T��[�rIXT`t'JmLLreclac�i>_Lm.J � I � �4 R L L{{ L.uC c�c]P Cuc ��7 i BLOCK SEr`ed uvlm R w I - u ....... d i J � T71 1 —• d Jc• t` I* ZI J a�l XAiOuINE-ffF$MEET PIENi MtTCIELIN[-ffE 9�EfT W F;Fad s a:s._ zz ALOCK j z 3 ~ -Mr z y & - - o,C g - i � a 1 i P Page 50 J. 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I 4 CVR6t0R EOGE50FRPAYEMENT VNlE55 Q 'CONSTRUCTION T� I y I I narE°°rHFINIoA I RAMP AB STA 5.0 . Ofi9 s REFER �ivaxAO OETAt15 FO0. N 717743.3 . 619-0356 ME0IA A0 E 243288.229 z! 4° 13.70. GRIFFIN.]AMES F I KEY MAP ` v 102,64'RT GOVT•LOT 1,SEC,5 I I 14 7+3;iT t 1 ; 1427+ T3N, R1W, B.M.16 I �x 67,92 CL f I 1 6 Il PI=Y3432.76.14 1 ' .�.� 83,92' f 11 6 2R33433a•RT I II r L -566.76' . I O/i4��G5N5A E 120 0 20 R=2200.78I® ----- 1427+305 ME C398T9 I Sc0e, V=4W TE R�FA, / 115�R2'RT 4 P . S[ REVISIONS I DE— g,STMK ILI5"OM" IDAHO PROJECT NOS ROADWAY PLAN SHEET FNGL I SN rJ NO OATS OESCRI :111 ME FOR I]'X n^ SH-16,USTICK RD TO US20R6 E DESIGN CNECNOED PMxrs-LT TRANSPORTATION' CO�TM a1ska ,p I OEFAaE. wV6 F FILE NAME DEPARTMENT A023(408) ADA AND CANYON COUNTY XEl'x0M6ER q N' y 1,sRAv6s 4 •gym-�o"EI-�1=o.w - USTICK ROAD �OF� @J DRAWING CH oKEPO� [xN MG�Mo i �rIIAQSOCIATC��k. STA,2025+60 TO STA,2030+40 5"EEF 191 OF l62 Z•wti Page 51 K. Lots allowed to be reduced in size with Variance request BLOCK �`a�Gln �li ffr� � le le le -YT LINE-SEE SHEET LEET f ryv ;per a`j°°K1' 1��IuR �I'MJ ,E alp ! I1 j�lE� I , L`R�n�L�.c R6l J��JR 3 �+ BLOCK 19 � - ~I•n J f LU S uv • ��•� •1�Iryryry-ro-.Ilea LP UI- „�I1fs^L Lxs LI aoJ BLOCK I��r K 1- L�asJ uzlue s s] a 4 MATCHLINE-15EE SHEET lil,'HT t� i f I 02 n iT Page 52 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. Development of the subject property shall be generally consistent with the conceptual development plan, site plan,preliminary plat,conceptual phasing plan,landscape plan, open space and site amenity exhibits, and conceptual building elevations submitted with the application contained herein. b. The two(2)commercial buildings proposed on the northern portion of the site shall be arranged to create some form of common,usable gathering area, such as a plaza or green space as depicted on the conceptual development plan in accord with the mixed-use guidelines in the Comprehensive Plan (see pg. 3-13). c. A minimum 25-foot wide buffer shall be provided on the C-G zoned property to the .,djaeort fysi enti i use t the west(Fle er-#S0432439950 and t the future multi- family residential uses in this development as set forth in UDC Table 11-2B-3,unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3B-9C.2. The buffer shall be landscaped in accord with the standards listed in UDC 11-3B-9C. rate.If the land use an d. Noise mitigation shall be provided within the buffers along future SH-16 in accord with the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. e. Private streets shall be required within the multi-family development for addressing purposes and shall comply with the standards listed in UDC 11-3F-4. The private street application shall be submitted prior to or concurrently with the final plat application. f. A 10-foot wide multi-use pathway shall be provided within the street buffers along N. Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement. g. The final plat shall be recorded prior to issuance of building permits for any structures within this development. h. All future structures constructed on this site shall comply with the applicable design standards contained in the Architectural Standards Manual. Preliminary Plat: 2. The final plat shall include the following revisions: a. Include a note granting cross-access/ingress-egress easements between all commercial lots in the subdivision via a note on the final plat or a separate recorded easement. b. Depict all street landscape buffers in a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business Page 53 owners' association asset forth in UDC 11-3B-7C.2a.A minimum 35 foot wide buffer is required along future SH-16 and the interchange and along N. McDermott Rd., entryway corridors; a minimum 25 foot wide buffer is required along the western portion of W. Ustick Rd., an arterial street; and a minimum 10 foot wide buffer is required along local streets in the C-G zoning district, measured per the standards listed in UDC 11-3B-7C.1. c. Depict the easements for all waterways (i.e.the Sky Pilot Drain,the Eight Mile Lateral and the Noble Lateral)on the site; structures shall not encroach within these easements.A License Agreement is required with NMID for any encroachments within the easements. If the location of the Eight Mile lateral changes, the new location shall be depicted on the plat. d. All R-15 zoned lots shall be a minimum of 2,000 square feet as set forth in UDC Table 11-2A-7 except for the 44 lots approved to be reduced to 1,694 square feet with approval of the Variance request(see exhibit in Section VII. K for specific lots affected by the variance). e. Graphically depict zero(0) lot lines on the internal lot lines where the townhomes are proposed(i.e.where structures will span across lot lines). 3. The landscape plan submitted with the final plat shall be revised as follows: a. Depict the bollards proposed to restrict access to the emergency access driveway off W. Ustick Rd. completely outside of the right-of-way. b. Depict a 10-foot wide multi-use pathway within the street buffers along SH-16 within a 14-foot wide public use easement;the easement shall be submitted to the Planning division prior to submittal of the final plat for City Engineer signature. c. Depict landscaping along all pathways as set forth in UDC 11-3B-12C. d. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C. (See updated standards) e. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3. f. Change the Fraxinus Pennsylvanica"Marshall's Seedless"Green Ash tree to another variety per the City Arborists' comments. g. Depict a minimum of two(2)points of site amenities for the townhome portion of the development from the Site Amenities and Point Value Table I1-3G-4. The Applieft should elar-ify prior-to or-at the Commission hearing what amenities are proposed. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and I1-2A-8 for the R-40 district; and UDC Table 11-2B-3 for the C-G zoning district. 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B,unless otherwise waived by City Council. 6. Cross-access/ingress-egress easements shall be provided between all commercial C-G zoned lots in the subdivision via a note on the final plat or a separate recorded easement. 7. The emergency access driveway required and approved by the Fire Dept. off W.Ustick Rd. east of future SH-16 shall be approved by ITD as it's located within the influence area of their intersection project. 8. All alleys shall comply with the standards listed in UDC 11-6C-3B.5. Page 54 Conditional Use Permit: 9. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development and the dimensional standards listed in UDC Table 11-2A-8 is required. 10. The site/landscape plans included in Section VII shall be revised as follows: a. All on-site service areas, outdoor storage areas,waste storage,disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3- 27B.2. b. Depict the location of the property management office;maintenance storage area; central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3- 2 7B.7. c. Depict safe pathway connections from the proposed multi-family development to the abutting high school to the west. f. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. g. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one (1) tree per 100 linear feet of pathway. i. Depict a minimum of 20 bicycle parking spaces per the standards listed in UDC 11-3C- 6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations for each multi-family building and the amenity building. j. Depict a minimum of 495 off-street parking spaces for the development in accord with the standards listed in UDC Table 11-3C-6 and 11-3C-6B.1 per the analysis in Section VI. k. At a minimum, depict site amenities consisting of the following: a clubhouse with a fitness facility, a swimming pool and spa with cabanas and an outdoor lounge area; 10- foot wide multi-use pathways and internal walking trails; a plaza; a pickleball sports court; a bike repair station; outdoor kite hen with a BBQ; a picnic area with tables,benches,landscaping and a shade structure; and a children's play structure. k. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. 11. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area as set forth in UDC 11-4-3-27B.5. 12. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. Page 55 13. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units in accord with UDC 11-4-3-27C.6. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the multi-family and commercial development to ensure compliance with UDC standards and development provisions associated with this application. A Design Review application is required to be submitted for approval of the townhomes. Final design of all structures must comply with the design standards in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 There is a sewer loop on the northern section. Sewer connects to McDermont in Block 1 and the existing SSMH-06. Reconfigure the design so this is removed. 1.2 Manhole SSMH-11 and SSMH-12 has angles of pipe in/out of manhole at less then 90 degrees.Adjust these manholes so min angle of pipe through manhole is 90 degrees. 1.3 Provide Steel Casing for all locations where sewer crosses future Hwy 16 per City's casing requirements. 1.4 All manholes require 14ft graveled/paved access path. 1.5 End of the line requires minimum 0.6% slope. 1.6 Ensure manholes are not located in curb/gutter. 1.7 Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. Adjust easements accordingly. 1.8 Area is subject to the Oaks Lift Station and Pressure Sewer Reimbursement agreement. 1.9 No permanent structures (trash receptacle walls,trees,bushes,buildings, carports, fences, infiltration trenches, light poles, etc.)are to be built within the utility easement. 1.10 Sewer must be built 1Oft from edge of easement. 1.11 Ensure no sewer services pass through infiltration trenches. 1.12 12-inch water main must be built to and through the development on McDermott Road. On west side of future SH-16,water must connect to north. 1.13 A streetlight plan will be required for the development of this property. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. Page 56 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. Page 57 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. A copy of the 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 hgps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 72855&dbid=0&redo=Meridian C ity Page 58 D. POLICE DEPARTMENT hygs://weblink.meridianciU.org/WebLink/DocView.aspx?id=2 79522&dbid=0&r0o=MeridianC hty E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=273744&dbid=0&r0o=MeridianC ity F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 76592&dbid=0&repo=MeridianCit X G. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 79662&dbid=0&repo=MeridianCit y&cr=1 H. PARK'S DEPARTMENT City Arborist: https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=2 72 795&dbid=0&repo=MeridianCit X I. COMMUNITY DEVELOPMENT SCHOOL IMPACT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 75929&dbid=0&repo=MeridianCit X J. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=273537&dbid=0&repo=MeridianCit y&cr=1 K. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=2 78192&dbid=0&repo=MeridianCit X L. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=2 75528&dbid=0&repo=MeridianCit X IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Page 59 The City Council finds the proposed zoning map amendment to R-15, R-40 and C-G and subsequent development is generally consistent with the Comprehensive Plan and the MU-R FL UM designation. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of commercial uses which will assist in providing for the service needs of area residents; and residential uses which will contribute to the range of housing opportunities in the City consistent with the purpose statement of the commercial and residential districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 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, the 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; Page 60 The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire,ACHD, etc.). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. 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. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 zoning district(see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map designation of MU-R and is allowed as a conditional use in UDC Table I1-2B-2 in the R-40 zoning district. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. Page 61 D.Variance(UDC 11-5B-4): 1. The variance relieves an undue hardship because of characteristics of the site; The City Council finds an undue hardship exists to this site due to the future extension of SH- 16 and the Sky Pilot Drain bisecting this site, which will be relieved by granting the requested variance. 2. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds granting the variance shall not be detrimental to the public health, safety and welfare. Page 62 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Turin Plaza (H-2022-0063) by 12.15 Design, located at 3169 W. Belltower Dr. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N, AND DECISION& ORDER In the Matter of the Request for Rezone of 1.80-Acres of Land from the R-4(Medium Low-Density Residential)to the L-O(Limited Office)Zoning District; and Short Plat Consisting of Four(4) Building Lots on 1.62-Acres of Land in the Proposed L-O Zoning District for Turin Plaza Subdivision,by 12.15 Design. Case No(s).H-2022-0063; SHP-2022-0013 For the City Council Hearing Date of: December 13, 2022 (Findings on December 20,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 13,2022, 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 TURIN PLAZA-H-2022-0063;SHP-2022-0013 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 13,2022, 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 a rezone and short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 13,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-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). E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TURIN PLAZA-H-2022-0063;SUP-2022-0013 -2- G. Attached: Staff Report for the hearing date of December 13,2022 By action of the City Council at its regular meeting held on the 20th day of December 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-20-2022 Attest: Chris Johnson 12-20-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 1 By: Dated: 2-20-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TURIN PLAZA-H-2022-0063;SUP-2022-0013 -3- EXHIBIT A STAFF REPORT E IDAN�-- COMMUNITY DEVELOPMENT DEPARTMENT I DIA H Q HEARING December 13, 2022 Legend 10, DATE: 0PFaject Laca'or TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Turin Plaza—RZ, SHP H-2022-0063; SHP-2022-0013 =LL LOCATION: 3169 W. Belltower Dr.,in the NW 1/4 of -- Section 35, TAN., R.1W. (Parcel #R1079860290) I. PROJECT DESCRIPTION Rezone of 1.80 acres of land from the R-4(Medium Low-Density Residential)to the L-O (Limited Office) zoning district; and Short Plat consisting of four(4)building lots on 1.62 acres of land in the proposed L-O zoning district for Turin Plaza Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 1.62 acres(Short Plat)& 1.80 acres(Rezone) Future Land Use Designation Office Existing Land Use Vacant/undeveloped Proposed Land Use(s) Office Current Zoning R-4(Medium Low-Density Residential) Proposed Zoning L-O(Limited Office) Lots(#and type;bldg/common) 4 building lots Phasing plan(#of phases) NA(not proposed to be phased) Number of Residential Units(type 0 of units) Density(gross&net) NA Open Space(acres,total [%]/ NA buffer/qualified) Amenities NA Physical Features(waterways, NA hazards,flood plain,hillside) Pagel Neighborhood meeting 7/11/22 date History(previous Lot 2,Block 6,Bridgetower Crossing Sub.2;AZ-01-003 (Ord.#01-930),DA Inst. approvals) #101117652. B. Community Metric Description Details Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action (yes/no) -ti • Existing N. Ten Mile Rd.,an arterial street runs along the street buffer on the west side of this property. Conditions • CIP/IFYWP Access(Arterial/Collectors/State A backage road exists along the east boundary of the site for access via W. Hwy/Local)(Existing and Proposed) Belltower Dr., a residential collector street. Proposed Road Improvements None proposed,none required. Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Sewer is available to the east. • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Water • Distance to Services Water is stubbed to the site. • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns • Project Consistent with Water Master Plan • Impacts/Concerns Page 2 1 1 1 sY 1 � LJ Iliiii t " _ _1� - 1 -� `ii�i11 �!'• = _ _ 1 ,:,r.-..{ i - °- ■u ' ■ui =1;-'�7+� '2_ .' Fri _. K . �• IIN ■11 ■IIII -iL III �I f��;J �`e b•-�.+� . t •t -� 1 �■Ll■l Ili - � � `�_...•'. liraI IN pl Ilxl 111 ��11`]i11EWLlLu.;'= IIIIII LILNl111 11 III loll lo� 1111111 1 __ IN LLLL �' �.' 'k.i• _ IL �� 11 L■��u , ,ice �ry 1 maw .v+ I■IILI■I■IIII. ■■■x■■O i LIL '' wr j �. I .'.� f i•��f . 1rill 1 1 1 1 - � I•III ■■l mill NIP I -'• � ..■ IIII _ - ■III I - --•• III. �11111111 =:_,1� wxur- I�L mxu =' 1�,IIL 1■■■■1 '2�� IIII • II L■1 II 'I.I■L■1 �1111111 �- 111■■■ ■L■ 111 ■L■ IIII 1 u 11 uu :I ■ --I * InIn -! 1■ MIN 1 •1`+I■ all ■ �7.oII 11 all II q Ill 11 IGg�I Ilxl 111 �IIIIII-�IIIN L� IIIIII��IIINI++IL� LIIN�2 IIIIII II 11 IIIN�2 IIIIIIIII 11 11 uuul � �I�1 11 uuw � 11 1111111 � 11 1111111 � mill LL7 uu ■ �rT•1- ■ r IL lLllpllp � ■lL ILILILLLLu ■�� LlL■Nil ■ LlL■NLL y`■LILIIILI■ ■LILIILLL■ iLLLL LLLN■L :LI � �■LlL L■LN■L� �LI LL - LL IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 10/19/2022 11/27/2022 Radius notification mailed to property owners within 300 feet 10/13/2022 11/13/2022 Public hearing notice sign posted 10/20/2022 11/28/2022 on site Nextdoor posting 10/13/2022 11/28/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Office on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation will provide opportunities for low-impact business areas. These uses would include professional offices,technology and resource centers; ancillary commercial uses may be considered(particularly within research and development centers or technological parks). Sample zoning include L-O. The subject property is an enclave in the City surrounded by office and residentially developed properties. The Applicant proposes to rezone the subject property from the R-4(Medium Low-Density Residential)to the L-O(Limited Office)zoning district and re-subdivide the property into four(4)building lots for the development of four(4) 3,550 to 3,600 square foot office buildings, consistent with the Office FLUM designation for this property. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property.A collector street,W. Belltower Dr., exists to the north for access via N. Ten Mile Rd.; a backage road from Belltower provides access to the subject property. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service has been stubbed to this lot and is available to be extended by the developer with development in accord with UDC 11-3A-21. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The site design for the proposed development should be compatible with the adjacent office uses to the north and the senior living center to the south. A backage road exists along the east boundary of the site and a 50 foot wide landscape buffer exists on the east side of the backage road with sight- obscuring fencing which provides screening for adjacent single-family residential uses to the east, which should reduce conflicts. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development."(2.02.02C) The proposed infill development should be consistent with existing adjacent uses and shouldn't Page 4 negatively impact adjacent properties. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) With lot development, a pedestrian connection should be provided from the sidewalk along N. Ten Mile Rd. to the main building entrances in accord with UDC 11-3A-19B.4. • "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they complement and provide convenient access from nearby residential areas, limiting access to arterial roadways and multi-modal corridors."(3.07.02B) The proposed office uses are smaller-scale and will have convenient access from nearby residential areas. No access is proposed or approved to N. Ten Mile Rd., an arterial street. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. REZONE(RZ) The Applicant proposes to rezone 1.80 acres of land from the R-4(Medium Low-Density Residential)to the L-O(Limited Office)zoning district. A legal description and exhibit map for the rezone area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. There is an existing Development Agreement(DA)for Bridgetower Crossing Subdivision recorded in 2001 as Instrument No. 101117652,that governs future development of this property. It requires the subject property to be rezoned to L-O prior to issuance of any building permits. The Applicant proposes to develop the property with four(4) 3,550 to 3,600 square foot office buildings, consistent with the Office FLUM designation for this property. Professional services,which include,but are not limited to,architects, landscape architects and other design services; graphic designers,consultants,lawyers,media advisors,photography studios, and general offices, are listed as a principal permitted use in the L-O zoning district per UDC Table 11-2B-2. Future development is subject to the dimensional standards listed in UDC Table 11-2B-3 for the L-O zoning district. This property is an undeveloped enclave that was previously annexed into the City surrounded by developed properties.As noted above in Section V,the proposed development and use of the property should be compatible with the scale and use of adjacent properties. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A.Because there is already an existing DA in effect for this property and the proposed development is in compliance with the DA, Staff does not recommend a new DA or changes to the DA with this application.If the Commission and/or City Council would like to tie future development to the conceptual development plan submitted with this application included in Section VIII.B below,an amendment to the DA should be required to do so. B. SHORT PLAT(SHP): The proposed short plat is a re-subdivision of Lot 2,Block 6,Bridgetower Crossing Subdivision No. 2, consisting of four(4)building lots on 1.62 acres of land in the proposed L-O zoning district. Each of the four(4)lots are 17,686 square feet in area. Page 5 The existing plat for Bridgetower Crossing No. 2 depicts the following easements applicable to this property: a 35-foot wide landscape easement along N. Ten Mile Rd.with a note prohibiting vehicle access across the easement; a 33-foot wide Idaho Power easement also Long N. Ten Mile Rd.; and a 25- foot wide cross-access and City of Meridian sewer easement along the east boundary of the site where the backage road is located. These easement have been carried over to the proposed plat. Existing Structures/Site Improvements: There are no existing structures on this site. There is an existing landscaped street buffer with a detached sidewalk along N. Ten Mile Rd.that was constructed with the subdivision improvements for Bridgetower Crossing Subdivision No. 2. A backage road exists along the east boundary of this site and adjacent lots to the north and south for access via W. Belltower Dr., a collector street to the north. Dimensional Standards(UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table I1-2B-3 for the L-O zoning district,which require a minimum 10-foot interior side setback—the front and rear setbacks are zero(0). Buildings may not encroach within the street buffer along Ten Mile Rd. Changes may be needed to the building placement shown on the conceptual development plan to comply with the side setback standard or lot lines may need to be adjusted accordingly. Access: Access is proposed via an existing backage road along the east boundary of the site from W. Belltower Dr.,a collector street to the north, from N. Ten Mile Rd., an arterial street along the west boundary of the site. Direct access via Ten Mile Rd. is prohibited. A cross-access/cross-parking easement should be granted between all of the proposed lots for internal access from the backage road and because some of the parking for each building appears to be located on adjacent lots; this may be done via a note on the plat. Landscaping(UDC 11-3B): A 35-foot wide street buffer exists along N. Ten Mile Rd.,an arterial street,in accord with UDC Table 11-2B-3, as depicted on the plat.No landscaping is proposed with this application. With future development of each lot,parking lot landscaping will be required in accord with the standards listed in UDC 11-3B-8C. Sidewalks(11-3A-17): A 5-foot wide detached sidewalk exists within the street buffer along N. Ten Mile Rd.,an arterial street. Waterways:No waterways cross this site. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Storm Drainage Master was submitted with this subdivision. Certificate of Zoning Compliance& Design Review:No conceptual building elevations were submitted with this application. A Certificate of Zoning Compliance and Design Review application is required to be approved for each of the structures and associated site improvements prior to submittal of building permit applications. All structures shall comply with the design standards in the Architectural Standards Manual.Note: One CZC/DR application could be submitted for the entire development. Page 6 VII. DECISION A. Staff: Staff recommends approval of the proposed rezone and short plat with the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard the RZ request on November 3,2022. At the public hearing,the Commission moved to recommend approval of the subject RZ request. I. Summary of Commission public hearing_ a. In favor: Jessica Petty and David Moorhouse b. In opposition:None C. Commenting. None d. Written testimony: Jessica Petty, 1215 Design(Applicant's Representative)—in agreement with staff report e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on December 13,2022.At the public hearing.the Council moved to approve the subject RZ and SHP requests. 1. Summary of the City Council public hearing: a. In favor: Jessica Petty. 12.15 Design.LLC(Applicant's Representativel: David Moorehouse(property owner) b. In opposition: None C. Commenting:None d. Written testimony: Jessica Petty. 12.15 Design.LLC(Applicant's Representative)—in agreement with the conditions in the staff report. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 7 VIII. EXHIBITS A. Rezone Legal Description and Exhibit Map Professional Engineers,Land Surveyors and Planners Masc>n 924 3-St.So. Nampa. ID 83651 AS S CD�C I a &C.5 I nc Ph (208)454-V56 Fax(208)467-4130 o-mail:dhoWicr ft caa2onan4Lg� FOR: McCarter-Moorhousc JOB NO.:MR0622 DATE: August 23,2021 REZONE DESCRIPTION A parcel of land being all of Lot 2,Block 6,Bridgetower Crossing Subdivision No.2 in the Ada County Recorder's office in Book86 at Pages 9641-9643 situated in the SW114 NW 114 of Section 35,Township 4 North,Range 1 West,Boise Meridian, Meridian,Ada County Idaho,more particularly described as follows: Commencing at the northwest corner of Section 35; 1'hcnce S 00'52' 50"W.,2630.% feet along the west boundary of the NW114 to the southwest corner of the NW1l4; Thence N O0°52'50"E_,218.84 fcct along the west boundary of the NWI14 the POINT OF BEGINNING; Thence N OOP 52' 50"E., 19T62 feet along the west boundary of the NWIA; 7-hence S 89°07' 10"E_40.00 feet of Lot 2 to the northwest corner of Lot 2; Thence 5 89°07' 10"E_,358.00 feet along the north boundary of Lot 2 to the northeast corner of Lot 2; Thence 5 OO°52'30"W., 197.62 feet along the east boundary of Lot 2 to the southeast comer of Lot 2; Thence N 89'07' IV'W.,358.00 feet ab[rng the south boundary of Lot 2 to the southwest comer of Lot 2; Thence N 8V 07' 10"W.,40.00 feet to the POINT OF BEG INN I Ni:. �at,ir This rezone description contains 1.80 acres more or less. a 42 OF19� Page i-of i >i}D1.� Page 8 LOT2 BLOCK 6 OFBRIDGETOVVFR CROSSING Su9DIVISIONNO.2 IN THE SW114 N'W114 OF SECTION 35 TOVVNSHIP 4 IVORTH COMER RANGE 7 NEST CE THE SUSE MERUAN ADA COUNTYIDAHO SEC.35 2022 I d :I, C3 m 50'07 WE 358.00 J rr z REZONE ' f.80AC-p- mw or row — ao.Wmoo — — — wily SEC.m LQT 2 BLOCK 8MCCEFOWER ORDSBING sLWDIWWON NO s LEGEND ,gym, rNRM22 F e a r Mason�, — ''a',�. � f•�sa g � oFr ay,ro�rz Page 9 B. Conceptual Development Plan—REVISED - —--------- I I ITI I I I --- ----------- Jill -- ------ ------ ------------------- --------------------------- _ � ', ;..:w............ -- ----------- 1= III --------- -- - ------- < 1 rq 14- --------------- -------------- A1.0 Page 10 C. Short Plat(dated: 8/11/22) I TURIM IaLAZA u^UBDIVISIOIV — 0. :. LOT 2,BLOCK 6,BRIDOETONFR CROSSdMO SUBDNISTON NO.2, A PART OF THE sW 1/4 NW'A sECT10N TA T 4 N.,R. i W.,B.M., MERIDIAN,ADA COUNTY,IDAHO 2022 �9 I g €! mesana 2 it rt rn�as.r II � r°rs nw�e i r U }5 30 fi0 LEGEND sL.Fi sa.Fr. I 're I cALcuurEL Paver 71 ® FLUNL ALUMIMUL CAP YOA4JYENT x'� � I � FOUNO BRASS CAP MQVUMFNT i-d I III i�B i I b O RMT S/2'1RCN RESET W/5/8"MIN PIN z SIIS g it I m W/PLASRL LAP PLS 95fifi -iI avarot O Fd1N0 5/8"IRAN FA rn� rx ws wr SET 1/1"Y 11"1R PUr W/PLASNL LAP—936fi M"NL&A9ER BP/NCARr LINE gl ---____-._ gC110.Y LINE A4 ---- -- EasEuenrL.0 I 'I IJ.46% j r],gfiS I� LOT TONT LOT LINE NE uNE/LEwER ' p NOTES W PWT a seanriot-- ——� NMRATNE g9=Rb CATA uwrmg a n¢vmnwr xsrwcrtal ImeAg i � k a° rtrs Pxmlc m °a Pnce sarnwsar.,m s cLsca,sr°REwL�. 1AW%AwP.,°ro Irrr �r r,�oq,m Mason °s� �fBry wiauzzooz ��/n/aozz SHEET i f 3 6K-- Page 11 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The short plat shall include the following revisions: a. Note#4: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." b. Include a note stating all lots within the proposed subdivision are subject to a cross-access/cross- parking easement. c. Include a note prohibiting access via N. Ten Mile Road. 2. A Certificate of Zoning Compliance and Design Review application is required to be approved for each of the structures and associated site improvements prior to submittal of building permit applications. All structures shall comply with the design standards in the Architectural Standards Manual.Note: One CZC/DR application may be submitted for the entire development if desired. 3. Approval of the 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 short plat, as set forth in UDC 11-6B-7A. Upon written request prior to the expiration of the final plat,the Applicant may request an extension of time to obtain the City Engineer's signature on the final plat as set forth in UDC 11-6B-7C. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services pass through infiltration trenches. 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 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point Page 12 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 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed Page 13 in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=278191&dbid=0&repo=MeridianCitX D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=278762&dbid=0&r0o=MeridianCitX E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=275948&dbid=0&repo=MeridianCitX X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to rezone the subject property from the R-4 to the L-O zoning district and develop the site with office uses is consistent with the Office FLUM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Page 14 The City Council finds the proposed map amendment to L-O and development generally complies with the purpose statement of the commercial districts in that it will provide for the service needs of the community in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed office uses should be compatible with adjacent office, residential care facility and single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to this property and will be provided with development. 5. The annexation(as applicable)is in the best interest of city. This finding not applicable as the request is for a rezone, not annexation. The City Council finds the proposed rezone is in the best interest of the city. B. Short Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) City Council finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds public services are available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; City Council finds the plat is in conformance with scheduled public improvements for this area in accord with the City's CIP. 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. 5. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 15 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Turin Plaza (SHP-2022-0013) by 12.15 Design, located at 3169 Belltower Dr. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N, AND DECISION& ORDER In the Matter of the Request for Rezone of 1.80-Acres of Land from the R-4(Medium Low-Density Residential)to the L-O(Limited Office)Zoning District; and Short Plat Consisting of Four(4) Building Lots on 1.62-Acres of Land in the Proposed L-O Zoning District for Turin Plaza Subdivision,by 12.15 Design. Case No(s).H-2022-0063; SHP-2022-0013 For the City Council Hearing Date of: December 13, 2022 (Findings on December 20,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 13,2022, 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 TURIN PLAZA-H-2022-0063;SHP-2022-0013 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 13,2022, 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 a rezone and short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 13,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-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). E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TURIN PLAZA-H-2022-0063;SUP-2022-0013 -2- G. Attached: Staff Report for the hearing date of December 13,2022 By action of the City Council at its regular meeting held on the 20th day of December 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-20-2022 Attest: Chris Johnson 12-20-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-20-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TURIN PLAZA-H-2022-0063;SUP-2022-0013 -3- EXHIBIT A STAFF REPORT E IDAN�-- COMMUNITY DEVELOPMENT DEPARTMENT I DIA H Q HEARING December 13, 2022 Legend 10, DATE: 0PFaject Laca'or TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Turin Plaza—RZ, SHP H-2022-0063; SHP-2022-0013 =LL LOCATION: 3169 W. Belltower Dr.,in the NW 1/4 of -- Section 35, TAN., R.1W. (Parcel #R1079860290) I. PROJECT DESCRIPTION Rezone of 1.80 acres of land from the R-4(Medium Low-Density Residential)to the L-O (Limited Office) zoning district; and Short Plat consisting of four(4)building lots on 1.62 acres of land in the proposed L-O zoning district for Turin Plaza Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 1.62 acres(Short Plat)& 1.80 acres(Rezone) Future Land Use Designation Office Existing Land Use Vacant/undeveloped Proposed Land Use(s) Office Current Zoning R-4(Medium Low-Density Residential) Proposed Zoning L-O(Limited Office) Lots(#and type;bldg/common) 4 building lots Phasing plan(#of phases) NA(not proposed to be phased) Number of Residential Units(type 0 of units) Density(gross&net) NA Open Space(acres,total [%]/ NA buffer/qualified) Amenities NA Physical Features(waterways, NA hazards,flood plain,hillside) Pagel Neighborhood meeting 7/11/22 date History(previous Lot 2,Block 6,Bridgetower Crossing Sub.2;AZ-01-003 (Ord.#01-930),DA Inst. approvals) #101117652. B. Community Metric Description Details Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action (yes/no) -ti • Existing N. Ten Mile Rd.,an arterial street runs along the street buffer on the west side of this property. Conditions • CIP/IFYWP Access(Arterial/Collectors/State A backage road exists along the east boundary of the site for access via W. Hwy/Local)(Existing and Proposed) Belltower Dr., a residential collector street. Proposed Road Improvements None proposed,none required. Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Sewer is available to the east. • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Water • Distance to Services Water is stubbed to the site. • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns • Project Consistent with Water Master Plan • Impacts/Concerns Page 2 1 1 1 sY 1 � LJ Iliiii t " _ _1� - 1 -� `ii�i11 �!'• = _ _ 1 ,:,r.-..{ i - °- ■u ' ■ui =1;-'�7+� '2_ .' Fri _. 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NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 10/19/2022 11/27/2022 Radius notification mailed to property owners within 300 feet 10/13/2022 11/13/2022 Public hearing notice sign posted 10/20/2022 11/28/2022 on site Nextdoor posting 10/13/2022 11/28/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Office on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation will provide opportunities for low-impact business areas. These uses would include professional offices,technology and resource centers; ancillary commercial uses may be considered(particularly within research and development centers or technological parks). Sample zoning include L-O. The subject property is an enclave in the City surrounded by office and residentially developed properties. The Applicant proposes to rezone the subject property from the R-4(Medium Low-Density Residential)to the L-O(Limited Office)zoning district and re-subdivide the property into four(4)building lots for the development of four(4) 3,550 to 3,600 square foot office buildings, consistent with the Office FLUM designation for this property. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property.A collector street,W. Belltower Dr., exists to the north for access via N. Ten Mile Rd.; a backage road from Belltower provides access to the subject property. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service has been stubbed to this lot and is available to be extended by the developer with development in accord with UDC 11-3A-21. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The site design for the proposed development should be compatible with the adjacent office uses to the north and the senior living center to the south. A backage road exists along the east boundary of the site and a 50 foot wide landscape buffer exists on the east side of the backage road with sight- obscuring fencing which provides screening for adjacent single-family residential uses to the east, which should reduce conflicts. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development."(2.02.02C) The proposed infill development should be consistent with existing adjacent uses and shouldn't Page 4 negatively impact adjacent properties. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) With lot development, a pedestrian connection should be provided from the sidewalk along N. Ten Mile Rd. to the main building entrances in accord with UDC 11-3A-19B.4. • "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they complement and provide convenient access from nearby residential areas, limiting access to arterial roadways and multi-modal corridors."(3.07.02B) The proposed office uses are smaller-scale and will have convenient access from nearby residential areas. No access is proposed or approved to N. Ten Mile Rd., an arterial street. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. REZONE(RZ) The Applicant proposes to rezone 1.80 acres of land from the R-4(Medium Low-Density Residential)to the L-O(Limited Office)zoning district. A legal description and exhibit map for the rezone area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. There is an existing Development Agreement(DA)for Bridgetower Crossing Subdivision recorded in 2001 as Instrument No. 101117652,that governs future development of this property. It requires the subject property to be rezoned to L-O prior to issuance of any building permits. The Applicant proposes to develop the property with four(4) 3,550 to 3,600 square foot office buildings, consistent with the Office FLUM designation for this property. Professional services,which include,but are not limited to,architects, landscape architects and other design services; graphic designers,consultants,lawyers,media advisors,photography studios, and general offices, are listed as a principal permitted use in the L-O zoning district per UDC Table 11-2B-2. Future development is subject to the dimensional standards listed in UDC Table 11-2B-3 for the L-O zoning district. This property is an undeveloped enclave that was previously annexed into the City surrounded by developed properties.As noted above in Section V,the proposed development and use of the property should be compatible with the scale and use of adjacent properties. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A.Because there is already an existing DA in effect for this property and the proposed development is in compliance with the DA, Staff does not recommend a new DA or changes to the DA with this application.If the Commission and/or City Council would like to tie future development to the conceptual development plan submitted with this application included in Section VIII.B below,an amendment to the DA should be required to do so. B. SHORT PLAT(SHP): The proposed short plat is a re-subdivision of Lot 2,Block 6,Bridgetower Crossing Subdivision No. 2, consisting of four(4)building lots on 1.62 acres of land in the proposed L-O zoning district. Each of the four(4)lots are 17,686 square feet in area. Page 5 The existing plat for Bridgetower Crossing No. 2 depicts the following easements applicable to this property: a 35-foot wide landscape easement along N. Ten Mile Rd.with a note prohibiting vehicle access across the easement; a 33-foot wide Idaho Power easement also Long N. Ten Mile Rd.; and a 25- foot wide cross-access and City of Meridian sewer easement along the east boundary of the site where the backage road is located. These easement have been carried over to the proposed plat. Existing Structures/Site Improvements: There are no existing structures on this site. There is an existing landscaped street buffer with a detached sidewalk along N. Ten Mile Rd.that was constructed with the subdivision improvements for Bridgetower Crossing Subdivision No. 2. A backage road exists along the east boundary of this site and adjacent lots to the north and south for access via W. Belltower Dr., a collector street to the north. Dimensional Standards(UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table I1-2B-3 for the L-O zoning district,which require a minimum 10-foot interior side setback—the front and rear setbacks are zero(0). Buildings may not encroach within the street buffer along Ten Mile Rd. Changes may be needed to the building placement shown on the conceptual development plan to comply with the side setback standard or lot lines may need to be adjusted accordingly. Access: Access is proposed via an existing backage road along the east boundary of the site from W. Belltower Dr.,a collector street to the north, from N. Ten Mile Rd., an arterial street along the west boundary of the site. Direct access via Ten Mile Rd. is prohibited. A cross-access/cross-parking easement should be granted between all of the proposed lots for internal access from the backage road and because some of the parking for each building appears to be located on adjacent lots; this may be done via a note on the plat. Landscaping(UDC 11-3B): A 35-foot wide street buffer exists along N. Ten Mile Rd.,an arterial street,in accord with UDC Table 11-2B-3, as depicted on the plat.No landscaping is proposed with this application. With future development of each lot,parking lot landscaping will be required in accord with the standards listed in UDC 11-3B-8C. Sidewalks(11-3A-17): A 5-foot wide detached sidewalk exists within the street buffer along N. Ten Mile Rd.,an arterial street. Waterways:No waterways cross this site. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Storm Drainage Master was submitted with this subdivision. Certificate of Zoning Compliance& Design Review:No conceptual building elevations were submitted with this application. A Certificate of Zoning Compliance and Design Review application is required to be approved for each of the structures and associated site improvements prior to submittal of building permit applications. All structures shall comply with the design standards in the Architectural Standards Manual.Note: One CZC/DR application could be submitted for the entire development. Page 6 VII. DECISION A. Staff: Staff recommends approval of the proposed rezone and short plat with the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard the RZ request on November 3,2022. At the public hearing,the Commission moved to recommend approval of the subject RZ request. I. Summary of Commission public hearing_ a. In favor: Jessica Petty and David Moorhouse b. In opposition:None C. Commenting. None d. Written testimony: Jessica Petty, 1215 Design(Applicant's Representative)—in agreement with staff report e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on December 13,2022.At the public hearing.the Council moved to approve the subject RZ and SHP requests. 1. Summary of the City Council public hearing: a. In favor: Jessica Petty. 12.15 Design.LLC(Applicant's Representativel: David Moorehouse(property owner) b. In opposition: None C. Commenting:None d. Written testimony: Jessica Petty. 12.15 Design.LLC(Applicant's Representative)—in agreement with the conditions in the staff report. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 7 VIII. EXHIBITS A. Rezone Legal Description and Exhibit Map Professional Engineers,Land Surveyors and Planners Masc>n 924 3-St.So. Nampa. ID 83651 AS S CD�C I a &C.5 I nc Ph (208)454-V56 Fax(208)467-4130 o-mail:dhoWicr ft caa2onan4Lg� FOR: McCarter-Moorhousc JOB NO.:MR0622 DATE: August 23,2021 REZONE DESCRIPTION A parcel of land being all of Lot 2,Block 6,Bridgetower Crossing Subdivision No.2 in the Ada County Recorder's office in Book86 at Pages 9641-9643 situated in the SW114 NW 114 of Section 35,Township 4 North,Range 1 West,Boise Meridian, Meridian,Ada County Idaho,more particularly described as follows: Commencing at the northwest corner of Section 35; 1'hcnce S 00'52' 50"W.,2630.% feet along the west boundary of the NW114 to the southwest corner of the NW1l4; Thence N O0°52'50"E_,218.84 fcct along the west boundary of the NWI14 the POINT OF BEGINNING; Thence N OOP 52' 50"E., 19T62 feet along the west boundary of the NWIA; 7-hence S 89°07' 10"E_40.00 feet of Lot 2 to the northwest corner of Lot 2; Thence 5 89°07' 10"E_,358.00 feet along the north boundary of Lot 2 to the northeast corner of Lot 2; Thence 5 OO°52'30"W., 197.62 feet along the east boundary of Lot 2 to the southeast comer of Lot 2; Thence N 89'07' IV'W.,358.00 feet ab[rng the south boundary of Lot 2 to the southwest comer of Lot 2; Thence N 8V 07' 10"W.,40.00 feet to the POINT OF BEG INN I Ni:. �at,ir This rezone description contains 1.80 acres more or less. a 42 OF19� Page i-of i >i}D1.� Page 8 LOT2 BLOCK 6 OFBRIDGETOVVFR CROSSING Su9DIVISIONNO.2 IN THE SW114 N'W114 OF SECTION 35 TOVVNSHIP 4 IVORTH COMER RANGE 7 NEST CE THE SUSE MERUAN ADA COUNTYIDAHO SEC.35 2022 I d :I, C3 m 50'07 WE 358.00 J rr z REZONE ' f.80AC-p- mw or row — ao.Wmoo — — — wily SEC.m LQT 2 BLOCK 8MCCEFOWER ORDSBING sLWDIWWON NO s LEGEND ,gym, rNRM22 F e a r Mason�, — ''a',�. � f•�sa g � oFr ay,ro�rz Page 9 B. Conceptual Development Plan—REVISED - —--------- I I ITI I I I --- ----------- Jill -- ------ ------ ------------------- --------------------------- _ � ', ;..:w............ -- ----------- 1= III --------- -- - ------- < 1 rq 14- --------------- -------------- A1.0 Page 10 C. Short Plat(dated: 8/11/22) I TURIM IaLAZA u^UBDIVISIOIV — 0. :. LOT 2,BLOCK 6,BRIDOETONFR CROSSdMO SUBDNISTON NO.2, A PART OF THE sW 1/4 NW'A sECT10N TA T 4 N.,R. i W.,B.M., MERIDIAN,ADA COUNTY,IDAHO 2022 �9 I g €! mesana 2 it rt rn�as.r II � r°rs nw�e i r U }5 30 fi0 LEGEND sL.Fi sa.Fr. I 're I cALcuurEL Paver 71 ® FLUNL ALUMIMUL CAP YOA4JYENT x'� � I � FOUNO BRASS CAP MQVUMFNT i-d I III i�B i I b O RMT S/2'1RCN RESET W/5/8"MIN PIN z SIIS g it I m W/PLASRL LAP PLS 95fifi -iI avarot O Fd1N0 5/8"IRAN FA rn� rx ws wr SET 1/1"Y 11"1R PUr W/PLASNL LAP—936fi M"NL&A9ER BP/NCARr LINE gl ---____-._ gC110.Y LINE A4 ---- -- EasEuenrL.0 I 'I IJ.46% j r],gfiS I� LOT TONT LOT LINE NE uNE/LEwER ' p NOTES W PWT a seanriot-- ——� NMRATNE g9=Rb CATA uwrmg a n¢vmnwr xsrwcrtal ImeAg i � k a° rtrs Pxmlc m °a Pnce sarnwsar.,m s cLsca,sr°REwL�. 1AW%AwP.,°ro Irrr �r r,�oq,m Mason °s� �fBry wiauzzooz ��/n/aozz SHEET i f 3 6K-- Page 11 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The short plat shall include the following revisions: a. Note#4: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." b. Include a note stating all lots within the proposed subdivision are subject to a cross-access/cross- parking easement. c. Include a note prohibiting access via N. Ten Mile Road. 2. A Certificate of Zoning Compliance and Design Review application is required to be approved for each of the structures and associated site improvements prior to submittal of building permit applications. All structures shall comply with the design standards in the Architectural Standards Manual.Note: One CZC/DR application may be submitted for the entire development if desired. 3. Approval of the 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 short plat, as set forth in UDC 11-6B-7A. Upon written request prior to the expiration of the final plat,the Applicant may request an extension of time to obtain the City Engineer's signature on the final plat as set forth in UDC 11-6B-7C. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services pass through infiltration trenches. 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 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point Page 12 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 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed Page 13 in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=278191&dbid=0&repo=MeridianCitX D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=278762&dbid=0&r0o=MeridianCitX E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=275948&dbid=0&r0o=MeridianCitX X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to rezone the subject property from the R-4 to the L-O zoning district and develop the site with office uses is consistent with the Office FLUM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Page 14 The City Council finds the proposed map amendment to L-O and development generally complies with the purpose statement of the commercial districts in that it will provide for the service needs of the community in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed office uses should be compatible with adjacent office, residential care facility and single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to this property and will be provided with development. 5. The annexation(as applicable)is in the best interest of city. This finding not applicable as the request is for a rezone, not annexation. The City Council finds the proposed rezone is in the best interest of the city. B. Short Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) City Council finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds public services are available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; City Council finds the plat is in conformance with scheduled public improvements for this area in accord with the City's CIP. 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. 5. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 15 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for West Valley Emergency Center (H- 2022-0065) by Fulmer Lucas Engineering, LLC., located at the Southwest Corner of N. Levi Ln. and N. Rustic Oak Way CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for Prescott Ridge (Hospital Portion) (Inst. #2021-132724) to Update the Phasing Plan and Modify the Provision Requiring Noise Abatement to be Provided along W. Chinden Blvd./State Highway 20-26 to Allow for Alternative Compliance; and Conditional Use Permit for a Hospital (i.e. emergency center) in the C-G Zoning District,by Fulmer Lucas Engineering,LLC. Case No(s). H-2022-0065 For the City Council Hearing Date of: December 13, 2022 (Findings on December 20, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 13,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 13, 2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR - 1 - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of[date], 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 [application type] is hereby[approved/denied] per the conditions of approval in the Staff Report for the hearing date of[date], attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of 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 -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 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 67-6511A. 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 § 67-652 1(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[date] FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR -3- By action of the City Council at its regular meeting held on the 20th day of December [year]. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-20-2022 Attest: Chris Johnson 12-20-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-20-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING December 13,2022 DATE: TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2022-0065—West Valley Emergency Center—MDA, CUP,ALT LOCATION: Southwest corner of N. Levi Ln./N. Rustic Oak Way, in the NW 1/4 of Section 28,Township 4N.,Range IW. (Parcel #R6991222250) I. PROJECT DESCRIPTION Modification to the existing Development Agreement for Prescott Ridge (Hospital Portion) (Inst. #2021- 132724)to update the phasing plan and modify the provision requiring noise abatement to be provided along W. Chinden Blvd./State Highway 20-26 to allow for alternative compliance; and conditional use permit for a hospital(i.e. emergency center)in the C-G zoning district. Alternative compliance is requested to UDC 11-3H-4D,which requires noise abatement to be provided for residential and other noise sensitive uses,including hospitals, adjoining state highways. Alternative compliance is also requested to UDC 11-313-7C,which requires trees to be planted within the required 35-foot wide street buffer along W. Chinden Blvd., an entryway corridor. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 16.46 Future Land Use Designation Mixed Use—Regional(MU-R)&Medium Density Residential(MDR) Existing Land Use 1 Vacant/undeveloped land Proposed Land Use(s) Hospital with an emergency center Current Zoning r General Retail&Service Commercial(C-G) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 7/11/2022 attendees: Pagel History(previous approvals) H-2020-0047(DA Inst.#2021-132724);PBA-2022-0024 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from Rustic Oak Way via W.Chinden Blvd.at the east boundary of (Arterial/Collectors/State the site.An emergency access is proposed from N. Serenity Ln.via W.Chinden Blvd. at Hwy/Local)(Existing the northwest corner of the site. and Proposed) Trip Generation 279 additional vehicle trips per day& 17 additional vehicle trips per hour in the PM peak hour(estimate) Wastewater • Distance to Sewer Sewer will come from the Prescott Ridge Development to the South. Services • Sewer Shed • Estimated Project See Application Sewer ERU's • WRRF Declining Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns Water • Distance to Water Services • Pressure Zone • Estimated Project See application Water ERU's • Water Quality Page 2 Description Details • Project Consistent Yes with Water Master Plan • Impacts/Concerns C. Project Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 3 III. APPLICANT INFORMATION A. Applicant: Hugh Lucas,Fulmer Lucas Engineering,LLC—2002 Richard Jones Rd., Ste. B200,Nashville,TN 37215 B. Owner: West Valley Medical Center,Inc.—c/o HCA Healthcare,Inc.—One Park Plaza,Nashville,TN 37203 C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 11/16/2022 11/27/2022 Radius notification mailed to properties within 300 feet 11/10/2022 11/28/2022 Public hearing notice sign posted 11/18/2022 12/2/2022 on site Nextdoor posting 11/10/2022 12/2/2022 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): Land Use: This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM). The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D(pg. 3-17). The Appliant proposes to develop a hospital with an emergency room and medical offices on this site. This use was conceptually approved with the annexation for Prescott Ridge subdivision. This site is located near a major arterial intersection,W. Chinden Blvd. and N. McDermott Rd. and the future SH- 16/Chinden Blvd. interchange. Transportation: ACHD's Master Street Map(MSM)depicts a residential collector street along the eastern boundary of this.A collector street(Rustic Oak Way) is planned with development along the east boundary consistent with the MSM. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciU.or /�comPplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "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) Page 4 City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • `Ensure that quality fire protection,rescue and emergency medical services are provided within Meridian."(4.11.03) The proposed hospital with an emergency room and medical offices will provide much needed medical services in north Meridian. • "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 development incorporates an 8-foot tall solid CMU wall and a 30 foot wide densely landscaped buffer along the west property boundary adjacent to existing residential uses to assist in screening and buffering the proposed use. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed emergency room associated with the hospital is located approximately 460 feet away from the residential neighborhood to the west, which should minimize conflicts between land uses. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development as proposed. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on the fringe of the City. The development of this property will result in better provision of City services. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreement(DA)(Prescott Ridge—Hospital Portion H- 2022-0047, Inst. #2021-132724)) is proposed to to update the phasing plan and modify the provision requiring noise abatement to be provided along W. Chinden Blvd./State Highway 20-26 to allow for alternative compliance. The existing phasing plan is for the overall Prescott Ridge development,which is being developed separately from the proposed development. A phasing plan for the subject property is proposed to replace the existing plan. The emergency room and perimeter buffers along the north,west and south boundaries of the site are proposed to develop with the first phase;the medical office building with retail and restaurant uses is proposed to develop with the second phase; and the hospital is proposed to develop with the third and final phase of development. The collector street(Rustic Oak Way) and associated street buffer will be constructed by the developer of Prescott Ridge Subdivision with their first phase of development. See phasing plans in Sections VIII.A &B. Staff is supportive of the proposed change to the Page 5 phasing plan that includes more detailed phasing for the subject property and separation from the residential portion of the development under separate development. DA provision#5.1.3 states,"Noise abatement shall be provided in the form of a berm or a berm and wall combination parallel to W. Chinden Blvd./SH 2O-26 constructed in accord with the standards listed in UDC 11-3H-4D."The Applicant proposes a modification to the provision as follows, "Noise abatement shall be provided in the form of a berm or a berm and wall combination parallel to W. Chinden Blvd./SH 20-26 constructed in accord with the standards listed in UDC 11-3H-4D or by an alternative compliance proposal as defined in UDC 11-3H-4D.4."Staff is amenable to the proposed change as UDC 11-3H- 4D.4 states, "The Director may approve alternative compliance as set forth in Chapter 5, "Administration", of this title where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer." B. CONDITIONAL USE PERMIT(CUP) A CUP is proposed for an 11,241 square foot emergency medical facility on 2.4-acres of land,ultimately planned to be part of a hospital campus, on a total of 16.46-acres of land in the C-G zoning district as required by UDC Table 11-2B-2. The emergency facility is proposed in Phase 1 and the hospital is proposed in Phase 3,per the phasing plan in Section VIII.B.An application for a modification to the CUP will be required to be submitted for approval of the hospital. Dimensional standards: Compliance with the dimensional standards listed in UDC Table 11-2B-3 is required. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the specific use standards listed in UDC 11-4-3-22,as follows: Staffs comments in italics. A. If the hospital provides emergency care,the location shall have direct access on an arterial street. The City Council previously deemed the access for the emergency room via Rustic Oak, a collector street, meets the intent of this standard as noted in the DA (provision#5.1.10). B. Accessory retail uses including,but not limited to,retail shops, food or beverage service, and personal service shops,may be allowed if designed to serve patrons of the hospital and their visitors only. C. No hospital shall be located within one thousand(1,000)feet of the following uses: Explosive manufacturing or storage, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals,power plant, food product storage and processing plant. Access: Access is proposed from two (2)access driveways via Rustic Oak Way, a future collector street along the east boundary of the site; an emergency only access driveway is proposed from the west via Serenity Ln., a private street. Direct access via Chinden Blvd./SH 2O-26 is prohibited. An access easement is needed for the proposed emergency access via Serenity Ln.If an easement isn't attainable, a minimum 20-foot wide emergency access driveway constructed to Fire Dept. standards shall be provided to the south to N.Backcountry Pl.between Lots 5 and 7,Block 12 in Prescott Ridge Subdivision No.3; and a barrier prohibiting access shall be erected at the west end of the frontage road.The frontage road may be extended in the future if/when the property to the west redevelops. Emergency access is not required with the emergency center;however, it will be required with the hospital if the overall area of the building exceeds 124,000 square feet or 3+stories in height. If an easement is obtained prior to submittal of the Certificate of Zoning Compliance for the emergency center,a copy of the recorded easement should be submitted to the Planning Division; otherwise,access should be depicted on the site plan from the south with the expansion of the Page 6 hospital.Note: The Peregrine Heights subdivision plat note#6 states all lots except Lots 18 and 19 have an interest in Lot 10, the private street lot for Serenity Ln.; note#7 states direct access to W. Chinden Blvd. is limited to Lots 18 and 19—therefore, the subject property has no interest or right to access Serenity Ln. unless an access easement is obtained. Sidewalks: A detached sidewalk is required along W. Chinden Blvd.per UDC 11-3A-17. Because the Pathways Master Plan depicts a 10-foot wide pathway along Chinden, Staff recommends a 10-foot wide detached pathway is provided within the street buffer in lieu of a sidewalk. Pathways: Ten-foot(10')wide pathways are proposed within the street buffer along Chinden and within the land use buffers to residential uses along the west and south boundaries of the site in accord with the Pathways Master Plan. These pathways are required to be placed in a 14-foot wide public pedestrian easement.An easement for such should be submitted to the Planning Division for Council approval and recordation prior to issuance of Certificate of Occupancy for the proposed use. Landscaping: A 35-foot wide street buffer is required to be provided on this site along W. Chinden Blvd./SH 2O-26, an entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. The street buffer is measured from the back of curb;where the transportation authority is anticipating future widening of the street,the width of the buffer is measured from the ultimate curb location. There is a large expanse of land within the right-of-way along Chinden that can be counted toward the street buffer requirement if landscaped per the standards in UDC 11-3B-7C.3; landscaping may be allowed through a license agreement with ITD. Because this is an entryway corridor, enhanced landscaping should be installed in accord with the standards listed in UDC 11-3B-7C.3.A revised landscape plan should be submitted with the Certificate of Zoning Compliance application that reflects compliance with standards listed in UDC 11-3B-7C,including enhanced landscaping along the entryway corridor (i.e.Chinden Blvd). Alternative Compliance is requested to the landscape standards in UDC 11-3B-7C.3,which require a minimum density of one(1)tree per 35 linear feet along with shrubs, lawn or other vegetative groundcover,to be installed within the street buffer along W. Chinden Blvd. On the western portion of the site,the buffer area is constrained where the emergency access road is proposed to the north of Peregrine Heights Subdivision. In this area,the trees are proposed on the south side of the driveway. Because driveways are an allowed impervious surface in street buffers and the required number of trees are proposed on the south side of the driveway, Staff sees no purpose for the request as the proposed landscaping appears to meet UDC standards; thus, Staff recommends denial of the request. A 25-foot wide buffer is required to adjacent residential uses to the west and south, landscaped per the standards listed in UDC 11-3B-9C as proposed. A 30-foot wide buffer is proposed with an 8-foot tall wall, landscaped with a mix of evergreen and deciduous trees, shrubs and lawn,which should result in a barrier that allows trees to touch at the time of maturity. Irrigation: All landscape areas shall be served with an automatic underground irrigation system that complies with the performance specifications listed in UDC 11-3B-6B(this includes the native dryland seeded areas within the right-of-way along Chinden Blvd.). Noise Abatement: Because a noise sensitive use(i.e. a hospital) is proposed adjacent to W. Chinden Blvd./State Highway(SH)20-26,noise abatement in the form of a berm or a berm and wall combination is required to be provided within the street buffer along the state highway in accord with the standards listed in UDC 11-3H-4D. The top of the berm or berm/wall is required to be a minimum of 10-feet higher than the elevation at the centerline of the highway. The Applicant requests alternative compliance to this standard to not provide noise abatment along the entire frontage of the site adjacent to the state highway.Per UDC 11-3114D.4, the Director may approve alternative compliance as set forth in UDC Page 7 11-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer. The Applicant states that strict conformance to these standards is not possible due to physical constraints present on the property. The emergency vehicle access from Serenity Lane via W. Chinden Blvd./SH 20- 26 from the west is required to be a minimum of 20-feet wide—at its narrowest point it's only 20.9-feet wide,which is not sufficient to accommodate construction of the emergency access and a berm or berm/wall combination,as required. There is room for landscaping within ITD's right-of-way(ROW) along Chinden Blvd./SH 2O-26 with a license agreement; however, ITD does not allow walls within their ROW. Additionally,the first 20-feet of the property south of the northern property boundary is encumbered with a 20-foot wide ITD easement(Inst. #2015-010191)which further constrains the property. The Applicant states this is an irrigation easement for a waste ditch that served this site; if no longer needed,the Applicant should pursue abandonment of this easement.To mitigate the noise impacts to the building/use,the structure is proposed to be set back over 400-feet south of the northern right-of-way line along the state highway. The Applicant states this setback provides significant reduction in noise levels(even when accounting for future traffic growth)and brings the noise levels to within national hospital design standards which require no noise abatement and meets the UDC requirements' intended purpose. A Site Noise Study and Barrier Wall Evaluation was performed by a licensed acoustical engineer and submitted with this application. Their findings state that the current and predicted future noise levels at the site meet the 2018 FGI Minimal category at both the proposed hospital facade and outdoor use area. The Minimal category indicates that mitigation is not needed at outdoor patient seating areas and that the facade could be constructed using typical means and materials with mechanical ventilation. Staff is amenable to the Applicant's proposal to located the building 400+feet to the south of the state highway to lessen the noise impacts as proposed;however,Staff recommends a minimum 3-foot tall berm with no less than 4:1 slope is provided within the street buffer for aesthetic reasons (i.e. to screen the parking area)since the site is located along an entryway corridor into the City, consistent with UDC 11-3B-7C.3f. Parking: Off-street vehicle parking is required per the standards listed in UDC 11-3C-6B.1. Based on the 11,241 square foot facility, a minimum of 22 parking spaces are required. A total of 47 spaces are poposed, in excess of UDC standards. Bicycle parking is required per the standards listed in UDC 11-3C-6G. Based on 47 vehicle parking spaces, a minimum of two(2)bicycle spaces are required. A total of three(3) spaces are proposed,in excess of UDC standards.Bicycle parking facilities should comply with the location and design standards listed in UDC 11-3C-5C. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VIII.E. Building materials consist of EIFS,thin stone veneer and corrugated roof screen wall panels.Final design is required to comply with the design standards in the Architectural Standards Manual. VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. The Director has conditionally approved the request for Alternative Compliance to the noise abatement standards listed in UDC 11-31-1-413; and denied the request for Alternative Compliance to the landscape standards listed in UDC 11-3B-7C for the reasons noted above in Section VI,per the Findings in Section X. Page 8 B. The Meridian Planning&Zoning Commission heard these items on December 1,2022.At the public hearing,the Commission moved to recommend approval of the subject CUP request. 1. Summary of Commission public hearing_ a. In favor: Betsy Hunsicker b. In opposition:None c. Commenting: Cory Coltrin d. Written testimony: Val Stack&Paul Hoyer e. Staff presentinggpplication: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. An access easement hasn't been granted via Serenity Ln., a private street, for the proposed emergency access at the northwest corner of the site; therefore,emergency access should be provided from the south from the cul-de-sac in Prescott Ridge Subdivision. b. If a frontage road isn't provided to Serenity Ln.,there would be adequate room to construct a sound attenuation berm and wall and the Applicant could comply with UDC standards for noise abatement for the hospital. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. outstandin issue(s)ssue(s) for City Council: a. Condition#8 in Section IX.A incorrectly states a 4-foot tall berm is required. It should be a 3-foot tall berm consistent with condition#3b—Staff requests Council make this correction. C. The Meridian Citv Council heard these items on December 13,2022.At the public hearing,the Council moved to approve the subject MDA and CUP requests. 1. Summary of the City Council public hearing: a. In favor: Betsy Hunsicker,Ross Lucas b. In opposition: None c. Commenting: Doug Haneborg d. Written testimony.None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Residential neighbors' objections to emergency access via Serenity Ln. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 9 VIII. EXHIBITS A. Existing Phasing Plan for Overall Development(Prescott Ridge) PHASE BUILDABLE �r cr !r LOTS i r 65 44 T1 3 41 y 4 43 5 41 6 37 PHASE 1 7 39 8 46 S 14 O a Z f TA BUIABLE 370 LOTS a f I R• lip $$p$p.L xo: 4 >:'A_.• 1- lid pyaSF m�``: r e EN OI IV E El INO PHASE 3 2`�' 1 OF 1 f HASE 1 o sm ••� Pi Page 10 B. Proposed Phasing Plan for Hospital/Medical Center Site W.MINDEN BLVD. ` ................. .... h............��............ ............... ,pry.� — - � 9 g ,;g t1T 111111�1111 11 BIIIII W11T' "a 4 � T_4: PFi48E2M0&AETARl b sFi TREE Jl1W1fU�l1LIlL�111,....:I11U11.J1LUi .IIIIIraw1iW11L..ff N� a c ......7" PHASE 1 PR 9VSERAN❑FFER ANM N/RICM OIR G PERIMETES J � — SFAr x`PHASE3H25PITAL fir..+.....+q.p � LL IAOY[IEM e xEc„r au+wu — sc� _C �pry%42NG TO BE CONSTRUCTED BY oTNca�A�vAaTrc .�mr 111J L Tmi HIL. n1N111111 �= .E��x.�Axxl�n�,Pox 1 uul.�llul EX 2 s `LJ Pllanan 4`A Stele:1'_15C]50' Page 11 C. Site Plan(dated: 9/29/2022) ------------ ---------------- ------- --------- 7----- ---- ---------- Z11 LUCAS _m1J_mm Lm�m 11 WEST VALLEY ER HCA MERIDIAN Ea W—V 57_�TEc.H.I.NA-DEN—D MERIDIAN,1—6 ----------- ----------------------- ----------------- -- ------------- ------------ --------------------------- ------ ------------------------ --------------------------- i II PA—GLEGUID m IJ OVERALL SITE Page 12 D. Landscape Plan(dated: 7/22/2022)—full plan set r ——`WEST CHINDEN BLVD=t 1: ■ o 000000001J��4'VD�tJ\_/LJQ�� Piq 77, \\A � VICINITY MAP 7 5 fly 1 1 6EVELOPMENTFEATURES 0 �, 9$HEET L1.1 SHEET L1.2 ; SHEET L1.3 ;�-�� mm -- - ------�- ------ r f z 1 1 & LANDSCAPING INFORMATION J 1 1 1 �; 1 1 > 1 1 1 2 1 Z ---�z=- 1 - 1 O j P a A ' ------- ; ---- --- -- --- ------ SHEET LI A -----SHEET � r Q- ----------------- -------------- -- 1 �d SHEET L1.5 SHEET L1.6 �1SHEET L1.7 & 1 II 'll SHEET L1.8 1 SHEET L1.9 I ` 1 1 .tee 1 1 -- � 1 ------ 1............................. 0 1 1 aG 1 1 1 1 I °'(D - : c - ----+-------------------P------------------ ' 0 ��OVERALL LANDSCAPE PLAN DISCLAIMER: 0 LANDSCAPE SET SHEET INDEX SHEETS Li-7-Ll 9 DETAILED LANDSCAPE PLANS- R SHEET L2.0 LANDSCAPE NOTESAND DETAILS. A B C E F G H J K L M N 0 P Page 13 E. Elevations(date: 4/27/2022) ❑ .. e� O EASTo ELEVATION � � �a ME� ---- PRELIMINARY h, — — V NOTEOR »: CONSTRUCTION - - - - - - - - - - - - - - - m - WESTVALLEYER- ��....®.. ...�a,�,e �..,a. „a..m.� W.�.,� E' .. .. MERIDIAN n SOUTH ELEVATION /1 WEST ELEVATIO ., . I I _ ( _ EXTERIOR ELEVATIONS -------------- 4 NORTH ELEVATION m p g A201 Page 14 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The phasing plan included in Section VIII.B shall replace the original phasing plan in the existing Development Agreement(DA) (Inst. #2021-132724). 2. Provision#5.1.3 in the existing agreement shall be modified as follows, "Noise abatement shall be provided in the form of a berm or a berm and wall combination parallel to W. Chinden Blvd./SH 20- 26 constructed in accord with the standards listed in UDC 11-3H-41)or by an alternative compliance proposal as defined in UDC 11-311 4DA." The amended DA shall be signed by the property owner(s)and returned to the City within six (6) months of City Council granting the subject modification. Conditional Use Permit: 3. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the location and a detail of the bicycle rack that complies with the location and design standards listed in UDC 11-3C-5C. b. Depict a minimum 35-foot wide street buffer along W. Chinden Blvd. with landscaping in accord with the updated standards listed in UDC 11-3B-7C.3. Enhanced landscape design features shall be provided within the street buffer along Chinden Blvd., an entryway corridor,in accord with UDC 11-3B-7C.3f, including a minimum 3-foot tall berm with no less than 4:1 slope to screen the parking area. Include calculations that demonstrate compliance with the standards. Landscaping may be allowed within the right-of-way along Chinden Blvd. with a license agreement with ITD. c. If an easement for emergency access via Serenity Lane is not attainable prior to submittal of the Certificate of Zoning Compliance application for the proposed emergency center, a barrier prohibiting access shall be erected at the west end of the frontage road. If an access easement is obtained, submit a copy of the recorded easement to the Planning Division.Emergency access is not required with the emergency center; however, it will be required with the hospital expansion if the overall area of the building exceeds 124,000 square feet or 3+ stories in height. 4. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the proposed multi-use pathways within the site along the north,west and south property boundaries, prior to issuance of Certificate of Occupancy for the proposed use. 5. The Applicant should pursue abandonment of the 20-foot wide ITD easement(Inst. #2015-010191) that runs along the northern boundary of this site and constrains the property if the easement is no longer needed. 6. All landscape areas shall be served with an automatic underground irrigation system that complies with the performance specifications listed in UDC 11-3B-6B(this includes the native dryland seeded areas within the right-of-way along Chinden Blvd.). 7. Comply with the standards listed in UDC 11-4-3-22 for hospitals. 8. The Applicant's request for Alternative Compliance to the noise abatement standards listed in UDC 11-3H-4D was approved by the Director with the condition a minimum 4-feet 3-foot tall berm is installed within the street buffer along W. Chinden Blvd. Page 15 9. An application for a modification to the Conditional Use Permit shall be submitted for approval of the hospital prior to the third phase of development. 10. Certificate of Zoning Compliance and Administrative Design Review applications shall be submitted and approved for the proposed use prior to submittal of a building permit application. 11. The conditional use permit is 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 as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B- 6F. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Extend 8" water main to area of hydrant and then install the 6" lateral and hydrant. See mark up on sheet C-3.0. This would also allot the fire line and water meter runs to be shorter. 1.2 Both the fire hydrant lateral and the Fire line are called out as "Fire Lines". Call them out differently as the fire hydrant lateral is public and requires an easement where the fire line is private and does not require an easement. 1.3 The fire hydrant lateral has a tee.No other item can connect to an 6" fire hydrant lateral except a single hydrant. So tee would not be allowed. 1.4 Provide a 20'easement for the water line, fire hydrant lateral, and service up to the meter. Extend easement 10'beyond the hydrant and water meter. 1.5 Subject to the Oaks Lift Station and Pressure Sewer reimbursement agreement. 1.6 Sewer will come from the Prescott Ridge Development to the South. 1.7 Ensure no sewer services cross infiltration trenches. 1.8 To and through must be brought to parcels SO428120750, SO428120715, and S0428120651. 1.9 Any unused stubs must be abandoned per City requirements. 1.10 A future install agreement for Chinden Blvd will be required for the development of this property in the amount of$140,000.00. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. Page 16 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 existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 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. Page 17 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 11-12-311. 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. A copy of the 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 No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=278539&dbid=O&repo=MeridianCitX Page 18 F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=276952&dbid=0&r0o=MeridianCity X. FINDINGS A. Conditional Use Permit(UDC 11-511-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. 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. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the Comprehensive Plan and is allowed as a conditional use per UDC Table 11-2B-2 in the C-G zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use should not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. B. Alternative Compliance(UDC 11-5B-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: In regard to the request for alternative compliance to the standards listed in UDC 11-3H-4D: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3H-4D is not feasible for the western portion of the site where site constraints exist north of Peregrine Heights Subdivision; Page 19 however, the Director finds it would be feasible on the eastern portion of the site outside of the ITD easement area. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative means of compliance of providing a building setback of over 400 feet from the state highway provides an equal means for meeting the requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. In regard to the request for alternative compliance to the standards listed in UDC 11-3B-7C: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3B-7C is feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative means of compliance of providing trees on the south side of the emergency access driveway does not conflict with the required landscape standards; therefore, alterative compliance is not needed. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means complies with UDC standards as-is— alternative compliance is not needed. Page 20 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County r Ii 1 AGREEMENT NO. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Establishing the Ada County-City EMS System ("ACCESS") This Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (the "Agreement") is entered into by and between Ada County,the Ada County Emergency Medical Services District,the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District, and is effective as of the last date of execution of this Agreement. RECITALS; PURPOSES;AUTHORITY Purpose.The Purpose of this Agreement is to establish the Ada County-City EMS System (the "System") and Joint Powers Board appointed by the respective Parties authorized to operate and manage the joint, coordinated, and unified provision and maintenance of pre-hospital, emergency and non-emergency medical services, including medical transport, rescue, and extrication services, within all county, city, emergency medical services district, and fire district jurisdictions within the System Area in order to provide certainty,consistency and economy in the management and delivery of EMS services. 1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may enter into agreements with one another for joint or cooperative action which includes, but is not limited to,joint use,ownership,and/or operation agreements and interagency contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333,Idaho Code. 2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to enter into intra-agency and mutual aid agreements. 3. The Ada County Board of Commissioners, in its capacity as the governing board of the Ada County Emergency Medical Services District("ACEMS District")pursuant to Chapter 39, Title 31, Idaho Code,provides emergency medical services in Ada County. All Parties to this Agreement are licensed as a single EMS entity with various levels of EMS licenses issued by the state of Idaho,known as"Ada County-City EMS System" ("ACCESS"). 4. All Parties to this Agreement shall be responsible for maintaining the ACCESS license, to the extent it remains in the Parties' best interest to do so. 5. The governing boards of the Parties have determined that it is in the best interests of each Party and their taxpayers and for the persons residing and found within their respective boundaries, to create the System. Now, for and in consideration of the mutual covenants and promises herein set forth, and for other good and valuable consideration hereby acknowledged by the Parties to this Agreement as having been received, the Parties hereby mutually promise, RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 1 covenant and agree as follows: AGREEMENT ARTICLE I DEFINITIONS When used herein,the following words shall have the attendant meaning: 1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party to this Agreement. 1.2 "Ada County-City EMS System" means the Ada County-City EMS System as herein created and may sometimes be referred to as the"System"or"ACCESS." 1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel, authorized to provide service in the System, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport. This may include dual or multipurpose vehicles. 1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. 1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement, term or condition of this Agreement. 1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. 1.7 "Joint Powers Board" means the System Joint Powers Board, ("Board"), formed pursuant to this Agreement, which is authorized to administer this Agreement on behalf of the Parties. 1.8 "Parties"means Ada County, the cities and districts that have executed this Agreement. 1.9.1 "Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area only within Ada County, state of Idaho. 1.9.2 "Non-Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area within Ada County and within Canyon County, or any other neighboring county to Ada County, state of Idaho. 1.10 "Non-transport Service" means an agency with associated apparatus and personnel RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 2 licensed to operate within the System, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons. 1.11 "Public Agency" means any city or political subdivision of this state, including, but not limited to emergency medical service districts; fire districts; cities; and any other government subdivision of the state of Idaho, including any agency of the state of Idaho holding a current EMS license and providing EMS within or contiguous to the boundaries of Ada County. 1.12 "System Area"means all the geographic area within the boundaries of the"Inclusive Area Party Agencies"and those designated areas for inclusion within the System which are also within the boundaries of the "Non-Inclusive Area Party Agencies." 1.13.1 The "System Area" may be modified, upon consent of all Parties, to include area within an adjoining county; 1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude area within Ada County upon the condition the area excluded will then be subject to a like "System"in an adjoining County. 1.14 "Fiscal Year"means the period of time commencing October 1 and ending on September 30 of the following year. ARTICLE II THE ADA COUNTY-CITY EMS SYSTEM(SYSTEM) 2.1 Establishment of the System. There is hereby established the ACCESS System. The System shall be created for the express purpose of providing for joint management, provision, operation, and maintenance of pre-hospital emergency and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The System shall exist as a joint exercise of the authority to provide EMS services by all the Parties to this Agreement, and shall be administered by a Joint Powers Board as provided in Article IV of this Agreement. The System, through the Joint Powers Board, Administrative Committee, and the Medical Directorate, shall establish standards and provide for the coordinated management, provision and maintenance of pre-hospital, emergency, and non-emergency medical services,including medical transport,rescue, and extrication services, within the System Area. 2.2 Scope of Services and Operation. The System shall coordinate the management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services within the System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services of the System within the System Area. By this Agreement, the Parties agree to cooperatively exercise their respective powers within the System Area in a manner consistent with this Agreement. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 3 ARTICLE III PARTIES,DURATION,AMENDMENT,WITHDRAWAL AND TERMINATION 3.1 Parties to this Agreement.The Parties to this Agreement are Ada County,the Ada County Emergency Medical Services District,the City of Boise,the City of Meridian,Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District. The City of Boise represents the interests of North Ada County Fire and Rescue, which withdrew as a Party, effective March 5, 2018,pursuant to Article 3.4.1. For all purposes under this Agreement, the City of Boise and North Ada County Fire and Rescue constitute one (1) Party. Each Party intends to and does by this Agreement contract with each other Party and any other Agencies as may later be added.Additional Parties may be added by resolution of the Board and amendment of this Agreement. Each Party agrees that the removal of any Party from this Agreement does not affect this Agreement with respect to each remaining Party. 3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its Execution Date through September 30, 2023. Thereafter this Agreement may be renewed for successive one(1)year terms.Renewal terms shall be effective from October 1 through September 30 of each successive calendar year. A Party may renew this Agreement by providing written notice to all other Parties. 3.3 Amendment. This Agreement may be amended only in accordance with the provisions of Article XI. 3.4 Withdrawal. 3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more of the following circumstances: 3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to carry out its obligations under this Agreement; 3.4.1.2 A court has determined that it is unlawful for the Party to continue to perform under or be Party to this Agreement; 3.4.1.3 A material breach of any term of this Agreement has occurred; or 3.4.1.4 Two or more Parties, after signing, consolidate services and wish to combine their representation under this Agreement as part of said consolidation. 3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days before the effective date of withdrawal. However, a withdrawal shall not be effective if the condition or conditions giving rise to the withdrawal are cured to the reasonable satisfaction of the withdrawing Party within sixty (60) days after the date of notice of withdrawal is provided. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 4 3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party,that in the event they withdraw from this Agreement,either by voluntarily withdrawing or for cause by default,that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Department of Health and Welfare Bureau of EMS as that license authorizes EMS services in the System Area by that Party. In the event a withdrawing Party fails to cease to provide EMS services in the System Area,the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. 3.5 Complaints. The authority to investigate a complaint against a Party may be conducted by the Administrative Committee or by the Board,when involving cause for termination. Member/s of the Party or Parties who are the subject of the complaint cannot vote on motions to proceed with the investigation or matters related to the conduct or financing of the investigation. Each Party shall cooperate with any investigation of complaints regarding performance of services governed under this Agreement. 3.5.1 Complaints involving personnel of a Party are to be treated as described in Section 8.5.3 of this Agreement. 3.6 Party Termination. 3.6.1 For Cause.A Party may be terminated from this Agreement by action of the Board for cause in the event they are in default of this Agreement. Prior to termination of a Party the Board shall conduct a hearing to determine if there is a default of this Agreement that has not been cured by the defaulting Party. The following procedures shall be met: 3.6.1.1 The Board shall provide to the defaulting Parry fourteen (14) days written notice of a hearing to show cause. 3.6.1.2 The notice shall specify the reasons for the default and the intention to terminate the Party as a Party to this Agreement. 3.6.1.3 In the event the default is cured within the fourteen(14)days and before the commencement of the scheduled hearing before the Board, the Board shall so note on the record of the proceedings and the hearing shall then be concluded. 3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion of their deliberation, issue findings of fact and conclusions of law and order of decision within thirty(30) days of the date of the hearing. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 5 3.6.1.5 A Board member representing a Party that the Board is considering terminating shall recuse himself/herself from voting on the termination and all proceedings involved in the matter of termination. 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to this subsection shall not constitute a termination of the entire Agreement, and the remaining Parties shall continue to perform under this Agreement for the remainder of the contract term. 3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party,that in the event they are terminated from this Agreement,either by voluntarily withdrawing or for cause by default,that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Idaho Department of Health and Welfare EMS Bureau as that license authorizes the provision of EMS services in the System Area by that Party. In the event a terminated Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. ARTICLE IV ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM JOINT POWERS BOARD 4.1 Establishment of the Joint Powers Board; Membership; Officers. 4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board of the System. The Joint Powers Board shall serve as the governing board of the System and operate the System on behalf of the Parties. 4.1.2 Joint Powers Board Membership. The System shall be governed by the Board whose membership shall consist of one(1)elected official representing each Party, and a total of two(2)elected officials of the ACEMS District/Ada County Board of Commissioners. 4.1.2.1 Each Party shall also designate an alternate elected official to serve in the absence of their designated Board member. 4.1.2.2 Each Party's appointee shall be given the authority to vote on all matters before the Board with the exception of financial decisions requiring the appropriation and/or expenditure of funds by the Party. 4.1.3 Officers. Annually, during first meeting held in new Fiscal Year, the Joint Powers Board shall elect a chairman and a vice chairman whose primary responsibilities are as follows: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 6 4.1.3.1 The Chairman shall be a member of the Board and shall conduct all meetings of the Board and execute all contracts and resolutions on behalf of and as authorized by the Board and any other duties assigned by the Board; and 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.3 These officers shall have no powers or duties except as provided in this Agreement. 4.2 Powers, Duties and Operations of the Joint Powers Board. 4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to operate and manage the System. In order to accomplish the Purpose of this Agreement,the Joint Powers Board shall have,in addition to other powers provided herein, the authority to adopt procedures for its operation as well as to adopt standards for the coordinated management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The Board shall have discretionary powers to manage and conduct the business and affairs of the System. However, the governing board of a Party shall approve any action that will financially obligate that Party. The discretionary powers shall include,but not be limited to, the following: 4.2.1.1 Receive recommendations from the Administrative Committee and the Medical Directorate; 4.2.1.2 Approve procedures for the operation,meeting,and other administrative matters of the Board and the System; 4.2.1.3 Approve the Standard Operating Procedures for the System. However, any standards approved regarding qualifications for holding a position shall provide an exemption for any personnel of any Party who at the effective date of this Agreement holds such a position unless contrary to law; 4.2.1.4 Adopt medical protocols and other matters related to the Medical Directorate; 4.2.1.5 Approve response standards, including policies regarding dispatch responses; RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 7 4.2.1.6 Recommend for approval, as set forth in section 4.4 of this Agreement, a budget and financial plan as well as subsequent funding, including joint purchasing of property; 4.2.1.7 Approve the allocation of resources, including stationing of personnel and vehicles; 4.2.1.8 Adopt a training and education plan for licensed personnel; 4.2.1.9 Approve the deployment plan of EMS equipment; 4.2.1.10 Recommend that the Board acquire, hold, and dispose of real and personal property jointly owned by and used in the System; 4.2.1.11 Deal with other matters necessary and convenient in furtherance of the Purpose of this Agreement; 4.2.1.12 Identify matters that require approval of the Parties' governing boards; 4.2.1.13 Comply with the Idaho Open Meetings laws; 4.2.1.14 Operate on a fiscal year from October 1 through September 30; and 4.2.1.15 Adopt, administer and implement EMS standards, protocols and procedures. If EMS standards,protocols and procedures adopted by the Board impose higher standards than are required by any state statute or rule the standards and procedures adopted by the Board shall apply to the Parties to the extent allowed by law in the System Area. 4.2.2 As required by law, the Board shall report to the Idaho Department of Health and Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules which occurred within the System Area. 4.2.3 Resolutions and Board procedures shall be compiled and organized according to subject and maintained by the Joint Powers Board, which shall provide each Party with a copy of all resolutions and procedures. 4.2.4 The approval of the governing board of each Party is required for any matter approved by the Joint Powers Board that includes financial contribution by a Party, including the purchase of real property and personal property. 4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 8 4.3.1.1 For all meetings of the Board fifty percent(50%)of the members of the full Board shall constitute a quorum for the purposes of conducting business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.1.1 In regard to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties when considering all matters requiring a vote of the Board members. 4.3.1.4 Only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Parry's Board member or designated alternate fails to attend three (3) consecutive meetings or fails to attend more than one- half of the meetings of the Board within a Fiscal Year,notice of absence shall be sent to the offending Party which notice shall be withdrawn if the offending Party's Board member appears at the next regularly scheduled meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show good cause then the same shall constitute a material breach of the terms of this Agreement and the offending Party will be subject to termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. 4.3.2 The Board shall create a written annual report concerning the status of the System, at a date set in the procedures of the Board, but in no event not less than once per year. This report shall include all matters the Joint Powers Board determines to be relevant to the operation of the System, including the Budget(as described in 4.4), and any matter that may be required by the State EMS Bureau or by state or federal law. 4.4 Finances.On or before March 1 of each year,the Board shall propose an ACCESS Budget (the "Budget") for approval by the ACEMS District Board. 4.4.1 The Budget shall include all vehicle license registration fees designated for and remitted to the ACEMS District for that fiscal year. The Parties are committed to a joint responsibility for the Budget,recognizing that property tax funds contributed for that fiscal year by the ACEMS District Board,pursuant to Chapter 39, Title 31, RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 9 Idaho Code, comprise a significant portion of the Budget. However, the Budget shall include contribution payments to the System by all Parties to this Agreement, with a goal of shared resources and efficiencies. 4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount included in the Budget in Section 4.4.1. Budget expenditures shall be developed in accordance with the statutory purposes for the vehicle license registration fees, designated for the provision of EMS services within the ACEMS District, and the property tax funds contributed for that fiscal year by the ACEMS District Board, pursuant to Chapter 39,Title 31, Idaho Code, as well as direction from the Board. 4.4.3 A division for the System shall be established within the ACEMS District Budget, which shall include income line items and expenditure line items as allocated by the ACEMS District Board. The income line items shall include,if applicable: (1) vehicle license registration fees as described in Section 4.4.1 above; (2) contribution payments from the Parties; and(3)tax funds being contributed by the ACEMS District for System expenditures as described in Section 4.4.1 above. The expenditure line items shall include, if applicable: (1)personnel expenses; (2) capital expenses; and(3) operating expenses. 4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS District, then on or before March 1, the Board shall submit the Budget to each Party's governing board for consideration of an appropriation of any contribution payment by that Party. 4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the Budget as proposed by the Board. 4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval, then the Parties shall set their own budgets. 4.4.7 Capital investments requiring additional expenditures will be funded through extra appropriations as proposed by the Board, subject to approval by each Parry's governing board. 4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to approval of the Parties' governing boards as required by other provisions of this Agreement,may authorize joint purchasing of any real or personal property consistent with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board shall identify by resolution the plan for distribution and/or ownership of property jointly owned by the Parties upon the withdrawal or termination of a Party. 4.6 Agreements with other Medical Service Providers. The Board may enter into agreements with medical service providers other than those that are Parties to this Agreement in order to provide for EMS services and/or to provide mutual aid to the System or any medical service provider. Such agreements may be with public or private agencies RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 10 and may incorporate any of the terms and conditions contained herein and any other terms and conditions the Parties may deem appropriate. Such agreements shall not authorize a medical service provider to directly compete with any Party to this Agreement for the provision of EMS services,nor shall such agreement extend any voting rights to any Party to this Agreement for the provision of EMS service, nor shall such agreement extend any voting rights to the Parry with whom the agreement is made. ARTICLE V LICENSURE 5.1 Licensure. The Parties hereby agree to maintain a single combined state-issued EMS license, in accordance with 5.3 and 5.4 herein. 5.2 Establishment of the Ada County-City EMS System.The Board shall,together with the Parties' governing boards, comply with Idaho Code §§ 53-501-510, "The Assumed Business Names Act of 1997" to conduct the business of the System under the name and style of Ada County-City EMS System. 5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their state-issued EMS licenses and to operate under one EMS license as provided by the laws of the state of Idaho and regulations of and as authorized by the state of Idaho Department of Health and Welfare Bureau of EMS. 5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses will do all things necessary to accomplish the transition of combining their EMS licenses and to begin and continue operating lawfully under the ACCESS license. ARTICLE VI ADMINISTRATIVE COMMITTEE 6.1 Establishment of the System Administrative Committee.There is hereby established an ACCESS Administrative Committee. The Administrative Committee shall serve to make recommendations to the Board. 6.1.1 Administrative Committee Membership.Voting members of the Administrative Committee shall consist of a chief administrative official from each Party. In addition, non-voting members may be invited to participate including, but not limited to: a representative from the Ada County Emergency Communications Center, representatives from hospitals located within the System, representatives from the Medical Directorate, and other EMS or health care agencies with a shared interest in emergency medical services. The attendance of three (3) voting Administrative Committee members shall constitute a quorum for conducting the business of the Administrative Committee.All actions regarding a recommendation to the Board shall require a two-thirds (2/3) majority vote of all voting Administrative Committee members present. Each Party shall designate an alternate member who, in the absence of their Administrative Committee member, RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 11 shall have the right to a proxy vote on all matters presented for a vote. 6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person who is providing EMS Services in the System Area under a current license issued by the EMS Bureau,either as air medical services,ambulance services,and/or non- transport services,may apply for membership on the Administrative Committee as an Ex-officio member with rights to participate in the meetings subject to the rule of the chairman, without the right to vote and without a right to participate in or attend any executive session matter or on any agenda item involving personnel or a claim of default of a Party. 6.1.3 Officers. Annually, during first meeting held in new Fiscal Year, the Administrative Committee shall appoint a chairman and a vice chairman whose primary responsibilities are as follows: 6.1.3.1 The Chairman shall be a member of the Administrative Committee and shall conduct all meetings of the Administrative Committee,and shall act as the spokesperson for the Administrative Committee when presenting to the Board. 6.1.3.2 The Vice Chairman shall be a member of the Administrative Committee and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Administrative Committee.The agenda for each meeting shall be sent to the members fourteen (14) days before the meeting date. The Vice Chairman shall also perform any other duties assigned by the Administrative Committee. 6.1.3.3 These officers shall have no powers or duties except as provided in this Agreement or conferred by the Board. 6.2. Purpose.The purpose of the Administrative Committee is to provide operational expertise as outlined in the Administrative Committee procedures and to make recommendations to the Board. The Administrative Committee will meet at least bi-monthly, but may meet more often depending on need. 6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not limited to,the following: 6.3.1 Development, maintenance, and annual review of the ACCESS Operation and Finance Plan to include, but not limited to: System deployment plan, System staffing levels and licensure levels, current and future funding needs, capital improvement plan, determination of System performance levels, assuring a quality management program, development of a System training and education plan, and other functions not specifically identified but intended to meet the requirements for RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 12 the safe and efficient operation of the EMS System. 6.3.1.1 Review and update annually any change in System configuration. 6.3.1.2 Prepare, in accordance with the provisions of this subsection, any reports, Standard Operating Procedures, Quality Improvement Plan, Quality Assurance Plan or budget recommendation to submit to the Board for approval prior to publication and implementation. 6.3.1.3 Provide for the coordination, planning, and provision of transport and non-transport EMS services between the Parties,which may include air medical service within the System Area. Ensure that EMS services are rendered in a timely and cost effective manner, at an optimal level of care. The Administrative Committee shall consider the current EMS standards, existing EMS service capabilities, trends, desired goals, and future EMS service capabilities for each planning component with due consideration of the limited funds available to provide such services. 6.3.1.4 The Administrative Committee shall consider, along with its accompanying maps, charts and reports, the following components and criteria: 6.3.1.4.1 The current emergency medical services system structure and performance; 6.3.1.4.2 Emergency medical services resources and capability throughout the System, to include licensees, employees, contractors, volunteers, and any demonstrated need for change; 6.3.1.4.3 Population and other pertinent demographics within the EMS System, including analyses of hospital services and past, present, and future trends in population and characteristics such as age,mortality,insurance and revenue to support EMS within the System Area; 6.3.1.4.4 Other EMS factors, including but not limited to response time standards,medical standards of care, required staffing, EMS equipment and facilities standards within the System Area, EMS System deployment plans, mutual aid agreements, competency management strategy, compensation/reimbursement plan,and data collection plan; 6.3.1.4.5 Recommended performance standards that are currently recognized under national, state and local standards and guidelines; and RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 13 6.3.1.4.6 Private EMS provider's services and capabilities within the Service Area. 6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any Medical Service Providers under contract pursuant to Section 4.6 of this Agreement. 6.3.3 Receive communications, review and make recommendations to the Board regarding any ongoing operational and/or planning and/or funding issues in order to coordinate EMS service and resources, transport and non-transport and air medical service,within the System Area. 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public, and civic, educational, professional, or other organizations. 6.3.5 Other duties as may be assigned by the Board. ARTICLE VII SYSTEM MEDICAL DIRECTORATE 7.1 Establishment of the System Medical Directorate; Standards and Procedures. There is hereby established a System Medical Directorate. The Medical Directorate composition shall be two (2) qualified physicians as recommended by the Administrative Committee and appointed by the Board. The Medical Directorate members shall appoint a chairman, who shall set the agenda and preside over the meetings, serve as the spokesman for the System Medical Directorate, and serve as an ex-officio member of the Administrative Committee. The Board shall adopt administrative guidelines and procedures concerning the conduct and the responsibilities of the System Medical Directorate. 7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes the duties and functions in accordance with the laws of the state of Idaho, the Rules and Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau, and any other rules or regulations concerning emergency medical services. 7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical Directorate shall be binding upon the Parties, unless otherwise specifically noted within this Agreement. 7.4 Responsibility. The System Medical Directorate shall have and exercise the following duties: 7.4.1 Be responsible for the clinical management and medical oversight of the Parties' EMS services within the System Area and for compliance with the rules and regulations of the Idaho EMS Physicians' Commission, rules and regulations of the State of Idaho EMS Bureau and any associated rules and regulations RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 14 concerning emergency medical services; 7.4.2 Determine the content of the System's Medical Supervision Plan; 7.4.3 Assess clinical ramifications of field operating procedures; 7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals; 7.4.5 Establish the scope of practice of EMS personnel functioning within the System as required by the rules of the EMS Physician Commission and/or performance requirements as set forth by the System; and 7.4.6 Identify opportunities for improving the quality of medical care delivered to patients in the out of hospital setting within the System Area. 7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call of the chairman.All meetings shall be conducted and noticed in accordance with the Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting rules adopted by the Board.A majority of the System Medical Directorate shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power.Each member of the System Medical Directorate may cast one vote during decision-making. ARTICLE VIII OTHER OBLIGATIONS OF THE PARTIES 8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards established by the laws of the state of Idaho and associated regulations, as well as any other applicable federal law and/or regulation. 8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the authority to cooperatively exercise the powers of each Party in furtherance of the purposes of this Agreement and the operations of the System to the extent conferred by this Agreement, and to the extent allowed by governing law. 8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the resolutions and procedures adopted by the Board within the powers granted to it by this Agreement. 8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the purpose of this Agreement, including adoption of any ordinance or resolution necessary to authorize the Party to perform under this Agreement. 8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6,Chapter 9, Idaho Code. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 15 8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection of fees charged for the services it provides. 8.5 Individual Operation of the Parties; Allocation of Resources According to Standards Adopted by Board; Furnishing of Equipment.The Board will establish procedures and standards as well as specific direction for allocation of resources and personnel within the System as well as other subjects as provided herein. Except as provided by the System by action of the Board,each Party will provide its own equipment and supplies on its vehicles, for its personnel,payroll, and its stations. All Parties will retain control over those matters not related to the System or this Agreement, which may include, but is not limited to: budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and other related matters not impairing the operation of the System or functioning of the Board. 8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore the Board shall have no authority to employ personnel directly.Personnel additions and reductions are matters entirely under the authority of the Party employing the personnel. The Board shall not take any action which is intended to terminate the employment of any employee,who is employed by a Party on the effective date of this Agreement. 8.5.2 Party Compliance with laws governing Personnel.Each Party is responsible for their compliance, in the performance of any services under this Agreement, with Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as amended by the American with Disabilities Act Amendments of 2008, the Rehabilitation Act of 1973,29 U.S.C. Section 701, et seq. the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. 8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate complaints referred from the Board,the Administrative Committee,or the Medical Directorate made by or against the Party's employees concerning matters related to their performance of services governed under this Agreement. This does not require a Party to report the results of any investigation. Each Party retains control of its personal property, personnel records, reports, and other documents for purposes of resolution or remediation of complaints. 8.6 Medical Supplies. ACEMS District shall purchase all necessary disposable medical supplies for agencies operating under the ACCESS license. Upon direction from the Board,the Parties shall endeavor to engage in joint purchasing of medical supplies in order to realize cost savings. 8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify, defend, and hold harmless each other Party, their officers, agents, and employees, from and against all claims, losses, actions, or judgments for damages or injury to persons or property arising from or connected to the acts and/or activities of it and/or its agents, RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 16 employees, or representatives pursuant to and under the terms of this Agreement to the extent allowed by law. 8.8 Shared Use of ESO Reporting Software. The Parties hereby adopt Appendix A to this Agreement,for the purpose of establishing terms and conditions of the shared use of ESO Reporting Software for report writing and records storage and management. ARTICLE IX ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY 9.1 Management of Funds and Administrative Support.The ACEMS District shall provide for the day-to-day management of the System funds as proposed by the Board through the policies and procedures established by the ACEMS District. The ACEMS District shall also provide administrative support for the Board. 9.2 Financial Advice. Ada County may make available a financial manager to the System from time to time in order to monitor the System's financial situation and to consult with the Board concerning the same. The Board may seek their own financial manager as needed. 9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use by the Board,subject to a mutual agreement between the Party and the Board regarding the legal services to be provided and payment for those services. 9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service through its ambulance taxing district within the boundaries of the District. 9.5 Medical Supervision.The System Medical Directorate shall consist of a minimum of two Medical Directors, and shall be provided through Party contributions made part of the ACCESS Budget process, as provided in section 4.4 herein. ARTICLE X NOTICE 10.1 All notices provided for in this Agreement are to be sent to the Vice Chairman, who shall provide said notice to each Parry. 10.2 Each Party shall designate in writing to the Vice Chairman their address for the receipt of official notices. 10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after the date of posting with the U.S.Postal Service of notice sent to the Vice Chairman or upon the day of notice sent by facsimile or e-mail to the Vice Chairman. 10.4. Vice Chairman Notice Duties. The Vice Chairman, or his/her delegate, shall: 10.4.1 Receive from the Party(s) and distribute to all Parties the following: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 17 10.4.1.2 Notices provided for in this Agreement; and 10.4.1.3 The minutes and all official actions of the Joint Powers Board. 10.4.2 Keep a current registry of the correct legal name and address of all Parties to this Agreement, each Board member, and each alternate. 10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections 3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in Article III, Section 3.3 and Article XI herein. ARTICLE XI AMENDMENT PROVISIONS This Agreement may only be amended in accordance with the following process: 11.1 An amendment may be proposed by a Party and/or by the Board. 11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under this Article XI. 11.3 A proposed amendment must be in writing and must include strikethrough of any language to be deleted and underline of any new language of the proposed amendment. Any proposed amendment will be considered an amendment to the entire Agreement and must be submitted in that fashion. 11.4 A proposed amendment shall contain a Statement of Purpose, which shall include a statement of how the Parties will be affected by the amendment; the Party to contact for information; and the amended Agreement text. 11.5 The proposing Party shall also prepare and submit to the Vice Chairman a Restated and Amended Agreement form for service by the Vice Chairman in the event the proposed amendment is approved. 11.6 The proposed amendment text, Statement of Purpose and a Restated and Amended Agreement form shall be served upon the Vice Chairman by the proponent Party or Board, as the case may be. 11.7 The Vice Chairman shall determine if the Proposed Amendment is in compliance with this Article and shall advise the proponent Party in the event it is not. 11.8 If the amendment proposal is in compliance with this Article, the proposed amendment shall be served and submitted to the Parties to this Agreement by the Vice Chairman. 11.9 All Parties' approval is required for the approval of an amendment to this Agreement. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 18 11.10 Parties must submit their approval,or their disapproval with reasoning,in accordance with service of notice as provided in this Agreement and within sixty (60) days of the date of the cover notice from the Vice Chairman. 11.11 The Vice Chairman shall tally the approvals and or disapprovals within a reasonable time, or in the case of no response, then soon after the sixty (60)day period for response. The amended Agreement shall be effective after all Parties have duly signed. 11.12 The Vice Chairman shall then give notice to the Parties of the results, and in the event the amendment passes, the Vice Chairman shall also include with notice to the Parties the Restated and Amended Agreement. ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law. 12.2 Severability in Case of Partial Invalidity.If any portion of this Agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion,and shall not affect any other portions or provisions,which shall be given the fullest effect permitted by law. In the event that it should ever be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void, from its inception,and the Parties hereto shall be relieved of any further performance under the terms of this Agreement. 12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 12.4 No Third Party Beneficiaries.Each Party to this Agreement intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party, and at such time as the governing board of an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to the Secretary, this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 12.7 Attorney Fees.If in the event judicial action of any kind is necessary to enforce the terms RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 19 of this Agreement,the prevailing Parry shall be entitled to recover from the non-prevailing Parry its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement.This is the entire agreement between the Parties and may be modified only as provided herein. BOAR:�od OF AD COUNTY COMMISSIONERS and BOAR OF CO NTY ERGENCY MEDICAL SERVICES DISTRICT: By: Beck, Commissioner By: ABSENT Ryan Davidson, Commissioner By. - Kendra Kenya , Commissioner Attest: Phil McGrane,Ada County Clerk CITY OF BOISE: Attest: Lauren McLean, Mayor Lynda Lowry, City Clerk CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 12-20-2022 Chris Johnson, City Clerk 12-20-2022 STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner, Board Chairman KUNA RURAL FIRE DISTRICT: Attest: Greg McPherson,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 of this Agreement,the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: Rod Beck, Commissioner By: Ryan Davidson, Commissioner By: Kendra Kenyon, Commissioner Attest: Phil McGrane,Ada County Clerk CITY OF BOISE: a ` � Attest: Lauren McLean, Mayor 5/24/2022 Lynda Lowry, City Clerk 5/24/2022 CITY OF MERIDIAN: Attest: Robert E. Simison,Mayor Chris Johnson, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle,Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner,Board Chairman KUNA RURAL FIRE PROTECTION Attest: DISTRICT _ Greg McPherson, Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to the Secretary, this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 12.7 Attorney Fees.If in the event judicial action of any kind is necessary to enforce the terms of this Agreement,the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement.This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: Rod Beck, Commissioner By: Ryan Davidson, Commissioner By: Kendra Kenyon, Commissioner Attest: Phil McGrane,Ada County Clerk CITY OF BOISE: Attest: Lauren McLean,Mayor J Lynda Lowry, City Clerk J F f �L te.N I JPNrl ' Attest: L;A, cam SEAT Robert E. Simpson,Mayor 6-14-2022 Chris Joh n, City •' "'`'-14-2022 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 of this Agreement,the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement.This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: Rod Beck,Commissioner By: Ryan Davidson, Commissioner By: Kendra Kenyon,Commissioner Attest: Phil McGrane,Ada County Clerk CITY OF BOISE: __ Attest: Lauren McLean,Mayor Lynda Lowry,City Clerk CITY OF MERIDIAN: Attest: Robert E. Simison,Mayor Chris Johnson, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle,Board •-hairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner,Board Chairman KUNA RURAL FIRE PROTECTION Attest: DISTRICT Greg McPherson,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 of this Agreement,the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement.This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: Rod Beck, Commissioner By: _ Ryan Davidson,Commissioner By: Kendra Kenyon, Commissioner Attest: Phil McGrane,Ada County Clerk CITY OF BOISE: Attest: Lauren McLean,Mayor Lynda Lowry, City Clerk CITY OF MERIDIAN: Attest: Robert E. Simison,Mayor Chris Johnson,City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle,Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: f Josh'+fanner,Board Chairman KUNA RURAL FIRE PROTECTION Attest: DISTRICT Greg McPherson,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement.This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: Rod Beck, Commissioner By: Ryan Davidson, Commissioner By: Kendra Kenyon, Commissioner Attest: Phil McGrane, Ada County Clerk CITY OF BOISE: Attest: Lauren McLean, Mayor Lynda Lowry, City Clerk CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner, Board Chairman KU t RURAL FIRE Attest: DI RICT 7br9i McPherson, Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE ("Appendix A"), is made pursuant to Article VIII, § 8.8 of the Agreement,by and between the parties to the Agreement. The parties to this Appendix A may each be referenced separately in this Appendix as "Party"or collectively as"Parties." WHEREAS, the Parties have determined that it is in the best interest of their respective jurisdictions to use ESO Reporting Software ("ESO") for report writing and records storage and management; WHEREAS, it is the Parties' desire to provide to each other mutual access to ESO's functions and information stored therein in order to achieve economy of public resources,better coordinate public safety and emergency responses,undertake local and regional analyses and planning efforts, and work cooperatively to fulfill public service and governmental functions; WHEREAS,the records created and stored in ESO are public records, as that term is defined in Idaho Code section 74-101(13),and are therefore subject to the Idaho Public Records Act, including the requirements of and exemptions from disclosure enumerated therein; WHEREAS,to the extent that the information contained in ESO is Protected Health Information("PHI") as that tern is defined in the Health Insurance Portability and Accountability Act("HIPAA"),42 U.S.C. §§ 201 et seq., such information is exempt from public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health and Human Services,45 C.F.R. §§ 164.508(a)(1) and(c), and Idaho Code § 74-104(1); and WHEREAS, under Idaho Conservation League, Inc. v. Idaho State Department of Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared, owned, used or retained by a governmental entity remains the record of that entity, notwithstanding delegation of that agency's custodial duties as to such record,nor the location or format in which the record is stored; WHEREAS, where two or more Parties respond to an incident, each responding fire department or district may prepare an Electronic Health Report("EHR")specific to each patient, Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both EHRs into one consolidated EHR; further, each responding fire department or district may prepare a National Fire Incident Report System Report("NFIRS Report")specific to that incident, and ESO will merge both NFIRS into one record; APPENDIX A:ESO REPORTING SOFTWARE PAGE 1 NOW,THEREFORE, subject to the limitations of the Agreement and this Appendix A and in order to meet the objectives described above,the Parties hereby agree as follows: I. STATEMENT OF PURPOSE(AGREEMENT,ARTICLE XI). This Appendix A is proposed by the Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the terms and conditions of the Parties' use of ESO for creating and storing records of individual and joint responses to medical and fire emergencies; to coordinate a uniform approach and response to requests for records stored in ESO; to delegate to Ada County Paramedics ("ACP") custodial responsibility for EHRs stored in ESO,which responsibility shall include, without limitation,responding to requests for such records in accordance with the Idaho Public Records Act, and records retention and destruction in accordance with the Parties' respective retention schedules. II. PUBLIC REcoRDs REQUESTS A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas duces tecum for EHRs stored in ESO. 1. Delegation of Custodial Duties.As to EHRs stored in ESO, the Parties hereby delegate to ACP their respective custodial duties, including, without limitation, the duty to timely respond to a request for such records pursuant to subpoena or Idaho Code section 74-102;to manage such records; and to protect PHI from improper disclosure pursuant to HIPAA. 2. Designation of Records Custodians. Each Party shall designate a Records Custodian, and shall notify the Vice Chairman of same. The Vice Chairman shall keep a current registry of the Parties' respective Records Custodians,to include their names, addresses, e-mail addresses, and phone numbers. 3. Process. Whenever any Party receives a request for an EHR,the Party receiving such request shall,by 5:00 p.m. of the first business day on which the request is received, forward such request to ACP Records Custodian, and shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. ACP shall process and respond to all requests for EHRs on behalf of the agency forwarding such request. In so doing,ACP shall observe all requirements of the Idaho Public Records Act, HIPAA, and ACP's Records Release Policy,Designated Records Set Policy, and HIPAA Policy, copies of which are attached to this Appendix A as Exhibit A. 4. Fees. Pursuant to Idaho Code section 74-102(10), the Board of Ada County Commissioners may adopt, and ACP may assess, fees for labor,materials, and legal review related to the preparation of responses to requests for EHR. Each Party to this Appendix A shall adopt by reference the most current fee schedule established by the Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall notify the parties of any and all proposed and final changes to such fees. APPENDIX A:ESO REPORTING SOFTWARE PAGE 2 5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section 74-115 contesting ACP's decision to release or deny a record stored in ESO pursuant to the delegation of authority to ACP provided herein,the following provisions shall apply. a. Record of incident that included ACP. Where the responsive records at issue are related to an incident to which ACP responded, in whole or in part,Ada County shall defend such decision in district court and in any and all subsequent appeals. Ada County shall be responsible for all expenses related to such petition or any ruling or order related thereto, including attorney fees, costs,penalties, or sanctions. Where a petitioner joins a party other than ACP, the joined party shall be responsible for its own appearance and all expenses related thereto. b. Record of incident that did not include ACP. Where the responsive records at issue are related to an incident to which ACP did not respond at all, ACP shall,by 5:00 p.m. of the first business day on which the petition is served, forward such petition to the agency or agencies that did respond to the incident. The agencies that did respond to the incident shall move to join the petition and shall stipulate to dismissal of the petition as to ACP. B. Requests for NFIRS Reports.The following provisions shall apply to public records requests and/or subpoenas duces tecum for NFIRS reports stored in ESO. 1. Custodial duties; delegation to co-responders. Pursuant to Idaho Code sections 74- 101(3) and(13), each Party is the sole custodian of all NFIRS Reports that it prepares and/or stores in ESO. Where two or more parties respond to one incident and the NFIRS Reports they separately prepare and/or store in ESO are merged into one record,both parties are co-custodians of the merged record. To the extent that such merged records contain information prepared by multiple Parties, as to such merged records,the Parties hereby delegate to each other their respective custodial duties. 2. Response to request for agency's own NFIRS Report. Where a Party receives a request for a NFIRS report prepared by that Party, and that Party is the only Party that prepared the requested NFIRS Report,that Party shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 3. Response to request for another agency's NFIRS Report. When a Party receives a request for a NFIRS Report prepared by a second Party, and the second Party is the only Party that prepared the requested NFIRS Report,the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward the request to the second Party's Records Custodian. The Party that originally received such request shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. The second Party shall be solely responsible for responding to the request and for any and all related risks,duties, and litigation related to the request and/or response. APPENDIX A:ESO REPORTING SOFTWARE. PAGE 3 4. Response to request for merged NFIRS Report.When a Party receives a request for a NFIRS Report that contains information prepared both by that Party and by a second or additional Party or Parties, and such information is merged into one record by ESO, the Party receiving such request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation. The Party receiving such request need not notify the additional Party or Parties that such request was received, except that the Party receiving the request for such NFIRS Report shall,by 5:00 p.m. of the first business day on which the request is received,notify the Records Custodian of all Parties whose information is contained in the NFIRS Report where such NFIRS Report refers to or contains information related to the following circumstances: a. One or more casualties; b. A fire investigation; c. An intentional fire; d. Hazardous materials; e. Property loss or costs estimated at$10,000 or more; and/or f. Other circumstances under which, in the discretion of the Party receiving the request, consultation between the Parties would promote the safety,welfare, or best interest of either Party,citizens involved in the incident described in the NFIRS report, or the public. ("Extraordinary Circumstances.") In the event that a requested NFIRS Report describes Extraordinary Circumstances, the Parties shall work together to prepare a response that is acceptable to both Parties. In the event that the Parties cannot come to consensus prior to the deadline for release of a NFIRS Report describing Extraordinary Circumstances, the Party that originally received the request shall consider the input of all other Parties, and shall provide a response to the requestor that accommodates such input as the Party that originally received the request deems practicable. In any event, as to NFIRS Reports that do and do not pertain to Extraordinary Circumstances,the Party that originally received the request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 5. Principles of response. In order to provide uniform responses to public records requests, the Parties to this First Addendum hereby agree that: a. Absent statutory exemption,NFIRS Reports stored in ESO shall be presumed to be subject to disclosure upon request, including, without limitation: incident reports; investigative reports and photographs; addresses and phone numbers, including location and involved persons; and responding crew member names and positions. APPENDIX A:ESO REPORTING SOFTWARE PAGE 4 b. Prior to disclosing a record which contains both PHI and information subject to disclosure,the responding agency shall redact all PHI pursuant to Idaho Code section 74-104(1),which provides that PHI is exempt from disclosure pursuant to 45 C.F.R. §§ 164.502(a) and 164.512(a)(1),promulgated by the United States Department of Health and Human Services,pursuant to 42 U.S.C. § 264(b), unless disclosure is appropriate pursuant to ACP's HIPAA Policy, a copy of which is attached hereto as Exhibit A. c. It is acknowledged and agreed that information related to "Extraordinary Circumstances,"as enumerated above, may be subject to particular statutory standards of review and/or redaction. d. The exemption for law enforcement records set forth in Idaho Code section 74- 124(l) shall not be presumed to apply to NFIRS Reports,unless the report pertains to a suspected commission of a fire-related crime (arson, false alarm, fireworks, explosives,malicious injury to property, concealment, etc.) in which case the responding Party may be acting as a law enforcement officer for purposes of this exemption. e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS Report information requires consultation with legal counsel of the Party responding to the request. f. Requested records may contain information that is both exempt and nonexempt from disclosure. Pursuant to Idaho Code section 74-112, such information must be separated and disclosed accordingly. III. RETENTION OF RECORDS IN ESO. A. Retention of Records.A record stored in ESO shall be retained not less than nineteen (19)years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b)and(2)(d) and 50-907(2)(e), such records shall be classified as "semipermanent"records and destroyed pursuant to resolution by the Ada County Board of Commissioners, and the corresponding city council(s) or fire district board of commissioners. B. Records retention schedule. Each Party shall incorporate into its records retention schedule a listing of records stored in ESO,with the following classifications and retention periods: Record Classification Retention period Records containingg PHI Semi iermanent Nineteen{19 ears NFIRS incident and Semipermanent Nineteen(19)years casualty reports Investigative reports Semi ermanent Nineteen 19 ears Photogral2hs Semipermanent Nineteen(19 Public records r uests Semipermanent Six 6 ears APPENDIX A:ESO REPORTING SOFTWARE PAGE 5 EXHIBIT A Ada County Paramedics' Records Release Polio Designated Records Set Policy, and HIPAA Polic APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Ada County Paramedics Policy on Patient Requests for Access to PHI Approved by Darby Weston(Director) Approval Date: 1/24/2017 Version: 1 Purpose The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") grants individuals the right to access their protected health information("PHI")contained in a designated records set ("DRS"). Ada County Paramedics must afford individuals this right of access in accordance with federal and state law. To ensure that Ada County Paramedics complies with its obligations, this policy outlines our procedures for handling requests for patient access and establishes the procedures by which patients or authorized representatives may request access to PHI. Departments Affected 103.01.01 Policies&Procedures, Administration, Billing,Compliance Policy All access requests will be directed to the HIPAA Compliance Officer, or their designee, and it shall be the responsibility of the HIPAA Compliance Officer to handle all access requests. Procedures 1. Requests for Access from the Patient or the Patient's Personal Representative 1.1. Patients and their authorized representatives shall be granted a right of access to obtain a copy of their PHI contained in a DRS maintained by Ada County Paramedics. 1.2. If a patient or their authorized representative requests a copy of a patient's PHI, the requestor shall be referred to the HIPAA Compliance Officer or their designee. The HIPAA Compliance Officer, or designee, shall request that the patient or authorized representative complete Ada County Paramedics' "Request for Access to Protected Health Information"Form. 1.3. The HIPAA Compliance Office, or designee, must verify the patient's identity, or, if the requestor is not the patient, the name and identity of the representative and whether the representative has the authority to act on the patient's behalf. The use of a driver's license, social security card, or other form of government-issued identification is acceptable for this purpose. If it is impossible for the requestor to physically come in to make the request and verify this information, the HIPAA Compliance Officer shall ask the requestor to verify the patient's name, date of birth, APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A SSN, address, and telephone number over the phone and ask the requestor to submit the "Request for Access to Protected Health Information Form"via email, mail or fax. 1.4. Upon receipt of the completed"Request for Access to Protected Health Information Form" and verification of the requestor's identity, the HIPAA Compliance Officer will act upon the request within 30 days, preferably sooner. Generally, Ada County Paramedics must respond to requests for access to PHI within 30 days of receipt of the access request. 1.5. If Ada County Paramedics is unable to respond to the request within these time frames,the requestor must be given a written notice no later than the initial due date for a response,explaining why Ada County Paramedics could not respond within the time frame,and in that case Ada County Paramedics may extend the response time by an additional 30 days. 2. Requests for Access from the Patient's Attorney 2.1. If Ada County Paramedics receives a request for a patient's PHI from the patient's attorney, the HIPAA Compliance Officer, or their designee, shall verify that the patient has authorized the release of PHI. Generally, the request should be accompanied by a form or letter, signed by the patient, stating that the patient authorizes the release of the requested PHI to the attorney. If there is a signed form or letter from the patient authorizing the release of the PHI requested (or some other valid authorization from the patient), then the HIPAA Compliance Officer may release the PHI to the attorney in accordance with what the authorization states. 2.2. If the request from the patient's attorney is not accompanied by a signed request form or letter from the patient(or some other valid patient authorization),the HIPAA Compliance Officer shall contact the attorney and inform the attorney that Ada County Paramedics will not release the information without valid authorization from the patient.Ada County Paramedics shall not release any PHI to the attorney until the patient authorizes the release. 3. Approval of a Request for Access 3.1. Upon approval of access, the patient or authorized representative should generally be provided a copy of the record in the manner requested on the Form. Ada County Paramedics will either provide a copy of the PHI to the requestor in the format requested or arrange for a convenient time for the patient to come into Ada County Paramedics to receive a copy their PHI. Ada County Paramedics will also transmit a copy of the PHI directly to an entity or person designated by the patient or authorized representative, provided that the written direction is signed and clearly identifies the designated parry. 3.2. The requestor will not be given access to the actual systems that contain the DRS. Rather, copies of the records shall be provided for the patient or requestor. 3.3. Whenever a patient or requestor accesses a DRS, a note will be entered into patient's account in the Sweet billing software, in the HIPAA-AAR tab. This note indicates the date of the request, the date access was provided, what specific records were provided. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A 4. Denial of a Request for Access 4.1. If the request for access is denied,the HIPAA Compliance Officer shall send the requestor a "Denial of Request for Access to Protected Health Information Form," outlining the reason for the denial and explaining the individual's rights regarding the denial.Patient access may be denied for the reasons listed below: 4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; 4.1.2. If the information the patient requested was obtained from someone other than a healthcare provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information; 4.1.3. If a licensed healthcare professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; 4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a licensed health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; or 4.1.5. If the request for access is made by a requestor as a personal representative of the individual and a licensed health professional has determined, in the exercise of professional judgment, that access is reasonably likely to cause harm to the individual or another person. 4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above, then the patient may request a review of the denial of access by sending a written request to the HIPAA Compliance Officer. 4.2.1. Ada County Paramedics will designate a licensed health professional,who was not directly involved in the denial, to review the decision to deny the patient access. Ada County Paramedics will promptly refer the request to this designated review official.The review official will determine within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will provide the patient with written notice of the determination of the designated reviewing official. 4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics' "Procedure for Filing Complaints About Privacy Practices"if the patient is not satisfied with Ada County Paramedics' determination. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Ada County Paramedics Policy on Designated Record Sets Purpose To ensure that Ada County Paramedics patients and their authorized representatives are granted rights regarding Protected Health Information ("PHI") in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), this policy establishes what PHI at Ada County. Paramedics should be accessible to patients as a part of a Designated Record Set("DRS"). Under HIPAA,a DRS includes medical records that are created or used by Ada County Paramedics to make decisions about the patient. Departments Affected 201.03.01 Patient Care Records, Administration, Billing Policy The HIPAA Compliance Officer, or their designee, will be responsible for fulfilling patient requests related to PHI and for ensuring that the correct information is made part of the Designated Record Set. Procedures 1. The DRS should only include PHI as defined under HIPAA, and should be comprised of individually identifiable healthcare and billing information created, received, maintained, or transmitted by or on behalf of ACP that is used, in whole or in part, by ACP to make decisions about individuals. 2. The HIPAA Compliance Officer shall be the party in charge of designating what information is part of a DRS at ACP and for ensuring that appropriate information is being maintained by ACP in its designated record sets. 3. The Designated Record Set at Ada County Paramedics for any requests regarding PHI includes the following records (claim and insurance information is included only if specifically requested): 3.1. Electronic health reports ("EHR") created or received by Ada County Paramedics and ACCESS agencies and supplementary information regarding the patient's condition.This includes any photos,videos,monitor strips, Refusal of care forms, or information from other sources used by ACP or ACCESS agencies to treat patients. 3.2. The electronic claims records or other paper records of submission of actual claims to Medicare or other insurance companies. 3.3. Any patient-specific claim and billing information, including responses from insurance payers, such as remittance advice statements, Explanation of Medicare Benefits, charge screens, patient account statements, and signature authorization and agreement to pay documents. 3.4. Notices from insurance companies indicating coverage determinations, documentation submitted by the patient, and copies of the patient's insurance card or policy coverage summary, that relate directly to the care of the patient or payment for that care. 3.5. Amendments to PHI, or statements of disagreement by the patient requesting the amendment when PHI is not amended upon request, or an accurate summary of the statement of disagreement. 3.6. Any treatment related records created by other parties such as first responder units, assisting ambulance or fire services, air medical services, nursing homes, hospitals, doctor's APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A offices, police departments, coroner's offices, etc., that are used by Ada County Paramedics or ACCESS agencies for treatment and payment related purposes. 4. A designated record set should not include: 4.1. Quality assurance data collected and maintained for peer review purposes 4.2. Accident Reports 4.3. Incident Reports 4.4. Data collected and maintained for research 4.5. Information compiled in reasonable anticipation of litigation or administrative action APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Ada County Paramedics Policy on HIPAA Purpose The following Policy has been developed by Ada County/City Emergency Medical Services System (ACCESS) to comply with requirements imposed by Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Idaho Code. Departments Affected 201.03.02 Distributing Medical Records, Administration, Billing, Compliance, Field Operations, Logistics, Training Policy All employees of the ACCESS System participating agencies shall comply with the privacy practices of the System as set forth in the procedures below. Procedures 1. BACKGROUND 1.1. In 1996, Congress passed HIPAA to address multiple health care issues including administrative simplification. The administrative simplification provisions of HIPAA mandate compliance in three key areas: (1) privacy; (2) security; and (3) electronic transactions. Compliance with the Privacy Rule has been mandatory for all health care providers since April 14, 2003. The law severely restricts the disclosure of patient health information(PHI) and establishes civil and criminal penalties for violation.The goal of the HIPAA privacy rule is to protect patient's right to confidentiality in matters involving their healthcare. 1.2. PHI refers to individually identifiable health information, as defined by HIPAA, that is created or received by EMS and relates to the past,present, or future physical or mental condition of an individual; the provision of health care to an individual; or the payment for the provision of health care to an individual at any time; and that identifies the individual or for which there is a reasonable basis to believe the information can be used to identify the individual.An"individual" includes all persons,whether living or deceased. 2. CUSTODIAN OF RECORD 2.1. Pursuant to HIPAA, a Custodian of Records shall be appointed. John Blake, Deputy Director of Ada County Paramedics, is the designated Custodian of Records for HIPAA coordination, recordation, and compliance purposes. In John Blake's absence, the Custodian of Records will be his named designee. 2.2. Deputy Director John Blake has been appointed the HIPAA Compliance Officer and is the primary contact for all HIPAA compliance issues and concerns. 3. ENFORCEMENT 3.1. Effective February 17,2010,the Department of Health and Human Services(HHS)will be APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A required to conduct periodic audits to ensure that covered entities and their business associate are complying with their obligations under HIPAA. 4. PENALTIES FOR NON-COMPLIANCE 4.1. Federal Code specifies that violations of the Privacy Rule can result in both civil monetary penalties and criminal sanctions. This may include criminal sanctions against any person who obtains or discloses individually identifiable health information which that person obtained or disclosed without authorization from the covered entity. 5. PROCEDURE FOR NOTIFICATION: 5.1. All patients shall be provided a copy of the "Notice of Privacy Practices" document. This notice tells patients about their rights under HIPAA and contains information about ACCESS's privacy policies and procedures. This is also provided on ACP's website (www.adacountyparamedics.org) and can be obtained at the front counter of the ACP Business Office. 5.2. EMS field staff is required to obtain a fully completed and signed"Assignment of Benefits & Privacy Acknowledgment Form" from the patient for each call. This form serves as acknowledgment that the patient has received the Notice of Privacy information. If a personal representative signs this document,the representative's relationship to the patient must be checked. 5.3. This form must be kept digitally with the electronic medical record, and any hard-copy originals returned to the ACP Administrative Office per record keeping requirements. 6. HIPAA TRAINING 6.1. All new hires,including temporary help,will receive HIPAA training and complete a short test within a reasonable time period. Members of the workforce will read, agree, and sign the HIPAA Security and Confidentiality Agreement concerning information learned during the course of employment along with the Documentation of Employee Training (see HIPAA Security and Confidentiality Agreement and Employee HIPAA Training). Annually thereafter, each employee will review HIPAA training as necessary and appropriate for the staff to conduct their job. 7. PROTECTED HEALTH INFORMATION(PHI) 7.1. HIPAA defines PHI broadly as any health information, including patient demographics, that is created or received by a provider and: 7.1.1. Relates to the past,present or future physical or mental health condition of a patient. 7.1.2. That identifies or can be reasonably used to identify a patient. 7.2. PHI can be in any format including oral, written or electronic. The following are some examples of PHI: APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A 7.2.1. Patient Care Reports 7.2.2. Medical necessity forms 7.2.3. Patient bills 7.2.4. Claim forms 7.2.5. Records from other facilities 7.2.6. Photos &Video 7.3. You cannot use or disclose PHI for any purpose unless permitted under HIPAA. This applies to patients that are alive and deceased. PHI is completely confidential and is the property of the organization. 8. REQUIRED DISCLOSURES 8.1. Patient's Rights of Access and Accounting: You must disclose PHI to a patient or their authorized representative upon their request for access to their PHI. You must also render an accounting of all disclosures of a patient's PHI upon request. 8.2. Disclosures to HHS: You must disclose PHI to HHS in connection with its investigation of complaints, its performance of compliance reviews, or other enforcement activities. 9. PERMITTED USES OR DISCLOSURES 9.1. Treatment: PHI may be used to provide, coordinate, or manage a patient's health care and any related services. This includes the coordination or management of health care with a third party for treatment purposes. 9.2. Payment: Includes activities related to your efforts to obtain payment or to be reimbursed for services provided, and includes insurance eligibility determinations,the filing and pursuing of insurance claims,your collection activities, etc. 9.3. Operations: Includes quality assessment and improvement activities, licensing and other credentialing activities, conducting internal medical reviews,business planning and development, and other similar activities. 9.4. Most uses or disclosures of PHI by ACCESS will be for treatment,payment,or health care operations purposes, and would not require the patient's authorization or consent. 10. Uses or Disclosures in the Public Interest 10.1. The Privacy Rule permits you to use or disclose a patient's PHI in certain situations where APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A the public interest is being served. These permitted uses and disclosures are set out in the regulations at 45 C.F.R. 164.512. You may use or disclose a patient's PHI where required by law, however, you must be careful to limit the disclosure of PHI to the minimum amount needed to comply with the law. Some examples of these situations are: 10.1.1. Patient consent--45 Code of Federal Regulations (CFR) 164.508 permits use or disclosure of PHI with a signed patient authorization 10.1.2. Public health activities—PHI may be released to "proper authorities" as required by reporting laws relating to a communicable disease, injury, birth, & death, and for public health investigations pursuant to applicable state and/or federal law. 10.1.3. Coroner—EMS may disclose personal health information to the County Coroner as required by law. 10.1.4. Military—EMS may disclose a patient's PHI if he or she is a member of the military as required by armed forces services. 10.1.5. Averting a serious threat to health or safety—PHI may be disclosed or used if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. 10.1.6. Victim abuse, neglect, or domestic violence—EMS may disclose PHI to the proper authorities, including government authorities, if it suspects child abuse or neglect. 10.1.7. Reporting crime in emergencies—When EMS is providing emergency health care it may disclose PHI to a law enforcement official if such disclosure appears necessary to alert law enforcement to: 10.1.7.1. Commission and nature of a crime. 10.1.7.2. Location of a crime or of the victims of such a crime. 10.1.7.3. Identity, description, and location of the perpetrator of such crime. 10.1.8. EMS may release PHI required by court order or court ordered warrant or a subpoena or summons issued by a judicial officer. 10.1.9. Requests for records from attorneys generally must receive a written authorization from the patient to release the medical records. All requests for release of records will be processed through Ada County Paramedics. 10.1.10, ACCESS may release personal health information to a family member, other relative, or close personal friend or other individual involved in the patient's care if ACCESS personnel obtain the patient's verbal agreement to do so(if by telephone-verify birth date, Social Security Number,address,&Phone number),or if EMS gives the patient an opportunity to object to such a disclosure and the patient does not raise an objection; and in certain other circumstances APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A where ACCESS is unable to obtain the patient's agreement and believes the disclosure is in the patient's best interest. 10.1.11. It is OK to share information with patients when they request it, b u t verify (birth date, Social Security Number, address, &Phone number)their identity. If the request is in person, ask for ID, have them complete a record request form, and notate in account. 11. Minimum Necessary Rule 11.1. In all instances,only the information that is necessary and appropriate may be released. Do not disclose PHI via blog, web site, discussion group, social network, or other public place even when you believe the information is "de-identified" unless the information is reviewed and approved by the Compliance Officer or designee. Posts on social media sites can give enough info for friends and family to recognize patient.Names do not have to be included to be a violation. 11.2. If there is a question as to the appropriate release of information, the employee should contact an Ada County Paramedics Battalion Chief for clarification. If an employee believes that they may have inadvertently released PHI in error, they must notify their supervisor in writing of that disclosure. The Compliance Officer is the custodian of patient records and must authorize release of all PHI generated within this System. All records within the System that contain PHI are to be kept secure at all times and locked up when not being used for legitimate purposes. 11.3. Non-compliance with this policy may follow the disciplinary process. 12. Incidental Uses and Disclosures 12.1. The Privacy Rule does not expect our system to guarantee the privacy of a patient's PHI against all potential risks. So longs as you have implemented reasonable safeguards to minimize the risk of accidental use or disclosure and you comply with the minimum necessary standard,the Privacy Rule will permit incidental uses and disclosures. 12.1.1. The HHS Office of Civil Rights has defined an incidental use or disclosure as"a secondary use or disclosure than cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the Rule." 12.2. For example, where multiple patients are taken in an ambulance, it is possible that one patient could overhear you discussing the condition of the second patient. There will be times this disclosure is unavoidable and it would be permitted so long as it was related to patient treatment. 12.3. ACCESS crews should take every opportunity to minimize these disclosures,but where it is unavoidable, focus first on patient care and treatments. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A 13. PATIENT RIGHTS: 13.1. The Privacy Rule granted patients important new rights with respect to their PHI information. These rights include: 13.1.1. Access to their own PHI. 13.1.2. Ask for amendments if they believe their PHI to be inaccurate. 13.1.2.1. Must grant or deny a requested amendment within 60 days of receipt of patient's request. 13.1.2.2. If granted, we must revise the affected records and notify other persons or entities that might possess the same PHI. 13.1.2.3. A denial of the patient's request for access must be in writing, and must give the patient the grounds upon which the request is being denied. 13.1.2.4. Denial must also advise patient of their right to submit a written statement disagreeing with our denial, and advise patient of their right to file a complaint with the HHS. 13.1.2.5. If another covered entity notifies us that it has amended records related to a patient's PHI,we are required to amend any affected records in our possession. 13.1.3. Make complaints regarding organization's use or misuse of their PHI. See "Complaint Handling and Resolution Policy". 13.1.4. Access PHI in electronic format if PHI is in electronic format. 13.1.5. Request to not use PHI to submit claim to insurer for payment if they pay the entire billing in full 13.1.6. Receive `accounting' of all non TPO disclosures. 14. HIPAA BREACH NOTIFICATION: 14.1. Section 13402 of the American Reinvestment and Recovery Act of 2009 added the requirement that covered entities notify the affected individual upon the unauthorized use or disclosure of PHI in their possession. 14.2. A breach is treated as "discovered" on the first day we learn of the breach or could have learned of the breach had we exercised reasonable diligence. 14.3. When required to notify an affected individual, it must be by first class mail to the individual's last known address. We can give notification via email if individual has previously agreed to receive such notifications by email.Where an individual is deceased,notification should APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A be made to the next of kin or the individual's personal representative. 14.4. If the contact information is out-of-date for fewer than 10 individuals,substitute notice can be made by telephone or other means. If it is out- of-date for 10 or more individuals, substitute notice can be given in the form of: 14.4.1. A conspicuous posting for at least 90 days on home page of website. 14.4.2. A conspicuous notice in a major newspaper or on a broadcast network 14.4.3. For breaches involving the unsecured PHI of 500 or more individuals—please contact your Compliance Officer as there are specific requirements to follow-up. 15. ELECTRONIC PHI 15.1. Every user should have unique ID and password, and take security precautions, especially when electronic devices are left unattended.DO NOT SHARE PASSWORDS or download copies of patient data onto thumb drive or other portable device unless authorized to do so. Do not give lock combinations to an unauthorized person. 16. SUMMARY 16.1. PHI may be used for treatment or patient care,payment, and healthcare operations (TPO). 16.2. The HIPAA Compliance Officer, Steve Boyenger,ACP, oversees policies and procedures and should be first point of contact. 16.3. PHI may be disclosed to law enforcement in limited, specific situations. 16.4. Take extra attention when: 16.4.1. Communicating with media 16.4.2. Using social networking sites 16.4.3. Texting,posting, or blogging about any patient information 16.4.4. Releasing,verifying, or confirming patient information 16.5. Get written authorization from patient or personal representative when fulfilling requests for PHI from attorneys. All requests for PHI will be handled by the Ada County Paramedics administration office. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A ACCESS Fiscal Year 2023 Budget ACCESS Revenue ACCESS Expenses Boise Fire Eagle Fire Meridian Fire Kuna Fire Star Fire ACP Agency Contributions Medical Director payments $ 151,767.06 $ 18,212.05 $ 1,517.67 $ 12,141.36 $ 1,517.67 $ 1,517.67 $ 116,860.64 Boise Fire $ 114,742.81 ESO ongoing costs $ 91,485.00 $ 91,485.00 Eagle Fire $ 24,230.79 Disposable Medical Supplies $ 95,000.00 $ 8,500.00 $ 2,000.00 $ 3,000.00 $ 500.00 $ 1,000.00 $ 80,000.00 Meridian Fire $ 46,211.04 QA/QI Review $ 109,633.05 $ 41,416.93 $ 9,745.16 $ 14,617.74 $ 2,436.29 $ 4,872.58 $ 36,544.35 Kuna Fire $ 7,195.95 Training/Education $ 100,389.15 $ 37,924.79 $ 8,923.48 $ 13,385.22 $ 2,230.87 $ 4,461.74 $ 33,463.05 Star Fire $ 12,874.23 Advertising $ 5,000.40 $ 1,889.04 $ 444.48 $ 666.72 $ 111.12 $ 222.24 $ 1,666.80 ACP $ 266,019.84 PulsePoint $ 18,000.00 $ 6,800.00 $ 1,600.00 $ 2,400.00 $ 400.00 $ 800.00 $ 6,000.00, Less ACP Contribution $ (266,019.84) $ 114,742.81 $ 24,230.79 $ 46,211.04 $ 7,195.95 $ 12,874.23 $ 266,019.84 EMS Registration Fees $ 100,000.00 Total Expenses $ 305,254.82 Total Revenue $ 305,254.82 The fiscal year 2023 budget includes a 2% increase to the Medical Director Payments and adjustments to the shared QA/QI and Training/Education positions to reflect current amounts. Cost share is calculated using the number of stations for each agency. The one exception is the Medical Director payments which is based on a percentage of use by each agency. Number of Stations: Boise Fire - 17, Eagle Fire -4, Meridian Fire-6, Kuna Fire- 1, Star Fire -2,ACP- 15 ACCESS Fiscal Year 2022 Budget ACCESS Revenue ACCESS Expenses Boise Fire Eagle Fire Meridian Fire Kuna Fire Star Fire ACP Agency Contributions Medical Director payments $ 148,791.23 $ 17,854.95 $ 1,487.91 $ 11,903.30 $ 8,927.47 $ 1,487.91 $ 107,129.69 Boise Fire $ 119,689.89 ESO ongoing costs $ 72,000.00 $ 72,000.00 Eagle Fire $ 19,458.79 Disposable Medical Supplies $ 95,779.78 $ 5,577.53 $ 984.27 $ 1,968.54 $ 328.09 $ 328.09 $ 86,593.26 Meridian Fire $ 47,845.05 QA/QI Review $ 106,223.04 $ 42,995.04 $ 7,587.36 $ 15,174.72 $ 2,529.12 $ 2,529.12 $ 35,407.68 Kuna Fire $ 14,917.77 Training/Education $ 98,589.12 $ 39,905.12 $ 7,042.08 $ 14,084.16 $ 2,347.36 $ 2,347.36 $ 32,863.04 Star Fire $ 7,478.21 Advertising $ 15,000.30 $ 6,071.55 $ 1,071.45 $ 2,142.90 $ 357.15 $ 357.15 $ 5,000.10 ACP $ 234,993.76 PulsePoint $ 18,000.00 $ 7,285.70 $ 1,285.72 $ 2,571.43 $ 428.58 $ 428.58 $ 5,999.99, Less ACP Contribution $ (234,993.76) $ 119,689.89 $ 19,458.79 $ 47,845.05 $ 14,917.77 $ 7,478.21 $ 234,993.76 EMS Registration Fees $ 110,000.00 Total Expenses $ 319,389.71 Total Revenuel $ 319,389.71 The fiscal year 2022 budget includes a 2% increase to the Medical Director Payments and adjustments to the shared QA/QI and Training/Education positions to reflect current amounts. PulsePoint amount was updated to include the Annual License Fee and Verified Responder. Cost share is calculated using the number of stations for each agency. The one exception is the Medical Director payments which is based on a percentage of use by each agency. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development: Analysis of Housing Code (�M� IE IDIAN:-- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Caleb Hood, Community Development Meeting Date: November 15, 2022 Presenter: Caleb Hood Estimated Time: 30 Minutes Topic: Attainable Housing Recommended Council Action: Receive update and give Staff further direction to improve housing mix and attainability. Background: In April, Staff presented Council with several tools that could be explored by City Staff with the goal of improving housing attainability. On November 15th, Staff will provide Council with an update including a list of housing-related codes Staff is proposing to amend. These changes are primarily related to codes in the Unified Development Code (UDC)(zoning and subdivision ordinance) and the entitlement process and policies,with potential minor changes to other sections of City Code. This discussion does not include what a housing program, funding mechanisms or partnerships with for- profit developers and/or non-profit organizations could look like. There is more and more local, state and federal data and case studies available on this topic; it is ever-evolving. Earlier this year, an Urban Land Institute (ULI) Technical Assistance Panel produced a report with findings and recommendations for addressing the housing affordability challenges in Boise (https://knowledge.uli.org/-/media/files/technical-assistance-panels/2022/boise-at-a- crossroads- report.pdPrev=48fb99a78f9d49dbb9cc367b7924a68a&hash=4AA5D169EOA5A882C99EOD23B55 A61A9) Further, in July, COMPASS produced a Missing Middle Housing Typology Guidebook for the region. The COMPASS review process and the guidebook produced recommendations regarding ideal dwelling form and scale, densities and lot sizes, parking requirements and setbacks, among others. Even more recently,AARP,with the help of WGI, prepared a code audit of the UDC. They identified code sections that could be improved, focusing on affordable housing, missing middle housing and cluster development. These reports, and previous Council direction,were considered as Staff prepared the request below; the below does not include all recommendations from those efforts. Request: Staff is requesting additional feedback on the proposed next-steps in the attached table. The table includes a list of identified tools (code/policy) that Staff is proposing be amended, expanded or otherwise created. The table is set up into 3 sections. The first section includes changes Staff would move forward with relatively quickly. The second section will take more collaboration and time. And the third section includes changes that are longer term. Each effort includes coordination, but some of the changes are more complex and likely more controversial than others. As most of the changes are related to UDC Planning Staff intends to largely rely on the UDC Task Force (list of current members attached.) Code / Standard / Summary Notes /Thoughts Staff Recommendation Policy Tier 1 - Immediate Accessory or Secondary The City's UDC (Title 11- Allowing an additional dwelling unit on a lot is Move forward with additional changes to 11-4-3- Dwelling Units (ADUs) 4-3-12) allows a probably the most popular tool used by cities 12 (amended in August to allow bigger units and secondary dwelling unit currently to combat the housing crunch. multiple bedrooms). (aka—guesthouse, granny flat,tiny house, Many CCR's may restrict these types of dwelling Need direction from Council and the Community carriage house, units. about parking requirements,setbacks, size caretaker unit, etc.) on limits, and owner-occupied requirement. the same property as a If an ADU is attached, could be as beneficial single-family dwelling. without much of the regulation (addition vs. new Could potentially allow"lot split"to encourage dwelling). more use and homeownership. Would require variations (or rezones) to standard dimensional standards in most cases. Small Houses The City has a minimum Fairly straight-forward change to remove Amend UDC Chapter 2 to remove minimum house size in the R-2 minimum dwelling size in all zones. house size requirements. (1,500 sf) and R-4 (1,400 sf) zoning Review construction and Building Code districts. Smaller requirements that may drive the cost to construct structures could reduce higher in residential zones and explore the overall costs to opportunities to limit that barrier by local construct a dwelling. amendment. Development Fee Reduction or waiver of If impact fees are not paid by a developer/builder, There is current Code (MCC 10-7-8)that exempts Waivers or Credits or fees typically charged to they would need to be paid by someone. affordable housing projects from police, fire and Deferrals develop. Could be parks impact fees. Could expand to other fees (eg planning, development Need to better understand what"hard" and "soft" —application and/or development review). Need review, inspection costs could be waived, credited or delayed. (Even to work with Legal and Finance (primarily) on a and/or impact fees. just delaying the collection may be an incentive to proposal for fees that could otherwise be offset develop specific dwelling types and price points.) for certain types of projects (need to define or reinforce that "affordable", non-market rate To grant may need to be decided on a case-by- projects are the eligible projects (or include other case basis by Council and not a "by right" in code. eligibility requirements)). Tier 2—Mid-term "Tiny" Homes Related, but different The term varies and means different things to Staff does not believe that the answer for than the ADU, Small different people. Most people equate a tiny home Meridian is to allow RV's to serve as dwellings on House and Missing to a small unit on wheels. residentially-zoned lots. However,there may be Middle standards, an opportunity to allow tiny home sub- definitions for City Code requires all dwellings (except communities or pods on lots/blocks within "dwelling" and manufactured/mobile homes)to be constructed existing or proposed developments. "recreational vehicle" on a foundation and connected to municipal limit what services. Need to review and maybe amend/add dwelling/vehicles definitions for dwelling, RV,tiny homes, etc. and people can live out of in how these units should be addressed R-zones. (constructed/parked) in Meridian. Density Bonuses and/or Allow additional This is a relatively common practice in other Explore how this may work with the UDC Focus Transfer of Development dwelling units for communities outside Idaho. Group. Expand group to invite other developers Rights projects that set-aside to share insight and how this works (or doesn't) housing for low- Would need to be a volunteer program, couldn't in other places. moderate income require a set-aside. families (or other groups like the elderly Is density enough (or even a good) incentive to or veterans). obtain non-market-rate housing? Density bonuses and TDRs could be addressed in a revised PUD Ordinance (see below.) Missing Middle Housing Meridian has essentially The City's Planned Unit Development (PUD) Develop changes to the UDC, likely in the PUD (duplex,tri-plex, two dominant housing ordinance is outdated. A PUD may be a way to get section,that allow and even promote more fourplex, cottage types: single-family more variety in housing stock throughout the City. housing options throughout the City.This will courts/cluster homes) detached (approx. 80% need to be done thoughtfully and may dictate a of current housing Open space and amenities as well as other separate subcommittee effort. stock) and multi-family development standards and location (to jobs, (4 or more units on a parks, services, etc.)will be important to factor in A survey or similar outreach to the community single parcel; as we look at where we'd like to see higher- would help determine how best to incorporate approximately 20%.) density infill. missing middle housing in infill situations—both There is a need/market process and standards wise. for other dwelling Many communities have relaxed parking types. Zoning, including requirements and/or open space and/or amenity Review definitions for dwelling types; consider use, setbacks and standards when a developer provides the type(s) including cottages, clusters, etc. parking are limiting of housing desired. Similarly, communities have factors in where many agreed to allow more density, height or less Review schedule of use table for appropriateness can be built. parking when a project proposes to set-aside low- of dwelling types in the various R-zones and income housing units. (See Waivers or Exceptions where cottages, du, tri, quad, and multi-plex's below). may be allowed. (See Tier 3, Residential Zoning below) Waivers or Exceptions Like the City's PUD This is similar to Density Bonuses and Missing Explore and amend the UDC as appropriate to for Affordable Housing process, relief from Middle Housing in this table.A case-by-case relax specific development standards for Projects standard code negotiation would likely occur with each project as affordable dwelling units. requirements like lot standards would be difficult, but maybe not size, parking, height, impossible,to develop via PUD ordinance. frontage, density could be granted in exchange for affordable dwelling units. Tier 3—Longer Term/ Track Residential Zoning Some,typically large, In Meridian, our codes currently prevent some Maintain current standards, but track for future Districts (remove cities have removed "middle" housing types in single-family residential opportunities when/if the community desires. "single"family from dwelling type restriction districts. For example, a tri-plex is currently Not for Meridian, at least right now. some/all districts) from their code. prohibited in the R-4 district (except through a Instead,they often use PUD). Further, a multi-family development a form-based approach requires a Conditional Use Permit in most zones which largely deals with where a MF project can be built, only in the building mass and traditional neighborhood districts are MF projects location on a parcel, not principally permitted.This current process may the density or use. not be ideal for Meridian forever, but allowing multi-family as a principally permitted use in most/all residential districts does not seem to be what our community currently desires. State Code, Emerging As previously discussed, There are other"tools" out there. Housing is going Track and as appropriate support legislation that Trends and there may be to be an ongoing topic and the City needs to stay makes housing more attainable in Meridian and Opportunities additional,future tools involved in the conversation. throughout Idaho. that enable more to be done in Meridian that Stay abreast of what other communities are affects housing doing to positively affect housing and bring attainability and choice. forward Meridian-appropriate solutions. UDC FOCUS GROUP MEMBERS (Does not include City Staff) Annette Alonso Ashley Ford-Squyres Brad Miller Cornel Larson Dave Bailey Dave McKinney Dave Yorgason David Turnbull Jason Densmer Jim Conger Jon Wardle Kent Brown Laren Bailey Steve Vlassek