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HomeMy WebLinkAbout2016-07-26E I Its � CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 26, 2016 at 6:00 PM 1. Roll -Call Attendance O Anne Little Roberts O Joe Borton X Ty Palmer X Keith Bird X Genesis Milam X Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 12, 2016 City Council Workshop Meeting B. Commercial Real Estate Purchase and Sale Agreement for Well Lot #9 Expansion for the Not -to -Exceed Amount of $35,000.00 C. Data Exchange License Agreement with Intermountain Gas Company D. Resolution No. 16-1152: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to sell a 2005 Ford Explorer to the Kuna Rural Fire District. E. Final Order for Hill's Century Farm No. 4 (H-2016-0072) F. Findings of Fact, Conclusions of Law for Harmony Hills Assisted Living (H- 2016-0061) G. Findings of Fact, Conclusions of Law for Brundage Estates (H-2016-0001) H. Amended Development Agreement for Fall Creek (MDA -H-2016-0009) Meridian City Council Meeting Agenda Tuesday, July 26, 2016 — Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Final Order for Heritage Grove No. 4 (H-2016-0071) J. Final Order for Whiteacre Subdivision No. 1 (2016-0073) K. Final Order for Kenners Subdivision (H-2016-0079) L. Final Plat for Normandy Subdivision No. 2 (H-2016-0084) M. Final Plat for Normandy Subdivision No 3 (H-2016-0085) 6. Community Items/Presentations A. Valley Regional Transit (VRT) Lifestyle Service B. Addendum No. 1 to FY16 Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Lifestyle Service Approved 7. Items Moved From the Consent Agenda None 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Approval of the Amended Revenues and Expenditures for Fiscal Year 2016 in the Amount of $90,410,071 Approved B. Approval of the Tentative Proposed Revenues and Expenditures for Fiscal Year 2017 in the Amount of $119,946,412 Approved C. Public Hearing for Gibson Amity Property (H-2016-0036) by CLG, Inc. Located 357 E. Amity Road Approved Request: Annexation and Zoning of Approximately 5.864 Acres of Land with an I -L Zoning District D. Public Hearing for Pope's Garden (H-2016-0006 REVISED) by Iron Mountain Real Estate Located at 2662 E Magic View Drive Denied Meridian City Council Meeting Agenda Tuesday, July 26, 2016 — Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. Request: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 5.28 Acres of Land from Office to Medium High Density Residential 2. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District 3. Request: Preliminary Plat Approval consisting of (Nineteen) 19 Building Lots, (Four) 4 Common Lots and (One) 1 Other Lot on 5.28 Acres of Land in the R-15 Zoning District 4. Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of 76 Dwelling Units in the R-15 Zoning District E. Public Hearing for Bancroft Square (H-2016-0055) by Schultz Development Located 2750 S. Eagle Road Approved 1. Request: Rezone of 6.54 Acres of Land from the R-4 to the R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of Thirty -Three (33) Building Lots and Five (5) Common Area Lots on 5. 41 Acres of Land in the Proposed R-8 Zoning District 3. Request: Modification to the Conditional Use Permit/Planned Development (CUP -02-005) to Change the Approved Use from Office/Multi-Family to Single Family Residential 4. Request: For An Amendment to the Development Agreement (Sutherland Farm, Inst. (102143307) to Updated the Development Plan for this Site F. Public Hearing for Binary Subdivision (H-2016-0078) by Tealeys Land Surveying, Inc. Located 1351 E. Fairview Avenue Approved 1. Request: Short Plat Approval of Two (2) Commercial Lots on Approximately 0.689 Acres in the C -G Zoning District 9. Ordinances A. An Ordinance No.: 16-1701 (H-2016-0009 Fall Creek Meadows Subdivision) For Annexation and Rezone of a Parcel Located in the E 1/2 of the NW 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, Situated in Ada County, Idaho, and Adjacent and Meridian City Council Meeting Agenda Tuesday, July 26, 2016 — Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Contiguous to the Corporate Limits of the City of Meridian; This Parcel Contains 13.17 Acres More or Less. Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 (Medium Density Residential) District in the Meridian City Code Approved 10. Future Meeting Topics A. Discussion of Public Hearing on August 9, 2016 for PY2016 Community Development Block Grant (CDBG) Action Plan Adjourned at 9:10 p.m. Meridian City Council Meeting Agenda Tuesday, July 26, 2016 — Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Item #8C: Gibson Amity Property (H-2016-0036) Application(s): ➢ Annexation and Zoning Size of property, existing zoning, and location: This site consists of 5.864 acres of land, zoned RUT (Ada County), located at 357 E. Amity Road. Adjacent Land Use & Zoning: 1. North: E. Amity Road and property zoned RUT in Ada County 2. East: Vacant property, zoned RUT in Ada County 3, South: Vacant land, zoned R-4 4. West: A proposed storage facility, zoned I -L History: Gravel mining operations were approved through the County Comprehensive Plan FLUM Designation: Mixed Use—Non Residential (MU -NR) Summary of Request: The applicant requests annexation and zoning of 5.864 acres of land with an I -L zoning district, consistent with the MU -NR land use designation. A concept plan was submitted that depicts the two (2) industrial buildings (one approximately 16,500 square feet and the other 15,000 square feet) and associated site/landscape improvements. The three (3) buildings will remain and operate as a contractor's yard, so the applicant will need to meet the specific use standards for the contractor's yard listed in UDC 11-4-3-8. Cross access is required to the property to the east in accord with UDC 11-3A-3. Cross access is only required to the property to the west if that property develops with something other than a storage facility. The applicant is requesting to delay the connection to City utilities until they are available for connection. Based on discussions with the Public Works Department, the public utilities will be extending to this area as part of planned capital projects. The water extension is tentatively scheduled for completion the summer of 2016. Design work is underway for the sanitary sewer, and construction will be completed by December of 2017. Utility connections to the site are contingent on these extension plans. The DA will restrict the site from being developed until the services are available, unless the Council allows the applicant to move forward with a contractor's yard prior to completion of the utility extension. Staff recommends a minimum 20 -foot wide driveway with a minimum 5 -foot wide pathway/sidewalk is provided from the proposed site to the property to the east. This will enhance interconnectivity between the site and the future development of the adjacent property. A 25 foot landscape buffer is required along E. Amity Road. The City's Pathways Master Plan indicates a multi -use pathway crossing the subject property within the pipeline easement. Because the easement bisects at an angle and the applicant is proposing to operate a contractor's yard from the site, both Planning and Parks staff believe the 10 -foot multi -use pathway is better suited along south side of E. Amity Road, in lieu of a 5 -foot wide detached sidewalk. Therefore, staff recommends that a 10 -foot multi -use pathway be constructed across its Amity Road frontage. A public pedestrian pathway easement shall be provided for the required sidewalk/pathway. The pathway should be detached from the future curb and have landscaping between the curb and pathway. The applicant should also coordinate and receive approval from ACHD on the construction of the pathway adjacent to Amity Road. Elevations were not provided with the subject application. Any new buildings are subject to the City's Architectural Standards Manual. The site is developed with three existing buildings and staff is requiring the existing buildings brought into compliance with our current design standards or removed from the property. Written Testimony Since Commission Hearing: None Commission Recommendation: Approval with Conditions a. Summary of Commission Public Hearing: L In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, Applicant's Representative (response to the staff report) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: L None c. Key Issues of Discussion by Commission: i. Timing of the architectural improvements for the buildings that will remain on site. ii. Timing for redevelopment of the property. iii. Condition 1.1.1C regarding cross -access to the parcel to the east and whether that is appropriate. iv. Removal of the existing telecommunications tower on site. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1C to read "Reciprocal cross access to the east will be granted when the property is annexed to the City of Meridian and is developed as a compatible use." ii. Modify condition 1.1.1 D and 1.1.1 E to require these improvements within six(6) months of connection to city utilities. M. Modify 1.1.1 K to require the existing buildings to be brought up to city code and design review within six (6) months of sewer and water connections, and that the communications tower be removed upon annexation. e. Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0036, as presented in the staff report for the hearing date of July 26, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0036, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0036 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reasons) for continuance) Item #8D Pope's Garden (H-2016-0006) Application(s): ➢ Annexation & Zoning ➢ Comprehensive Plan Map Amendment ➢ Conditional Use Permit ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 5.28 acres of land, zoned RUT in Ada County, located at 2662 E. Magic View Drive. History: This property was previously platted as Lot 5 in the Amended Magic View Subdivision. Comprehensive Plan FLUM Designation: Office Summary of Request: The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 5.28 acres of land from Office to MHDR. Annexation & zoning of the property is also requested with an R-15 zoning district consistent with the proposed FLUM designation of MHDR. A CUP is requested for a multi -family development in the proposed R-15 zoning district. The revised site plan depicts (19) 4-plex structures with a total of 76 dwelling units. The proposed R-15 zoning district will accommodate the proposed multi -family development with a gross density of 14.39 dwelling units per acre. The proposed R-15 zoning provides a transition in zoning & uses from the west from Waverly Place subdivision with attached SFR homes & R-8 zoning (and further to the west from Woodbridge subdivision with SFR detached homes and R-4 zoning) and from the north from Greenhill Estates subdivision with single-family detached homes & R1 zoning in Ada County (designated as Low Density Residential on the FLUM) to future office and commercial uses to the east & south of Magic View Drive. A revised preliminary plat consists of 19 building lots, 4 common area lots & 1 other lot. There is an existing home & accessory structures on this site that are required to be removed prior to City Engineer signature on the final plat. The proposed plat depicts access for the development via two points on E. Magic View Drive at the southern boundary of the site. Magic View is designated as a local street west of S. Wells Street and as a collector street east of Wells where the access is proposed. Council approval of the east access via E. Magic View Drive is required as the UDC limits access to collector streets when access via a local street is available. A minimum of 10% (or 0.53 of an acre) of qualified open space is required in accord with UDC standards; a total of 21.5% (or 1.13 acres) is proposed. A minimum of 5 qualified site amenities are required with this development. The applicant proposes a tot lot with children's play equipment, a hardscaped plaza area with seating, (3) 50'x 100' open grassy areas, and a fitness facility as amenities in accord with UDC standards. The unopened ROW at the northwest boundary of this site where Hickory Way was previously required to be extended south from Autumn Way is now required to be improved by the developer with a minimum 20' wide pedestrian, bicycle and emergency access. One concept building elevation was submitted for the proposed 4-plex structures on the site in 4 different color schemes. Building materials consist of horizontal & vertical lap siding with stone veneer accents and architectural shingles. These elevations are conceptual only and not approved with this application; compliance with the design standards contained in the Architectural Standards Manual is required, which require more variety between structures. Commission Recommendation: Denial Summary of Commission Public Hearing: i. In favor: Kevin Amar, Kent Brown ii. In opposition: John Overton; Jim Voorhees; Mary Rockrohr; Kelly Barber; Ian Sodine; John Stefan; Dale Sharp; Ron Peterson; Katie Smith; Lorrie Somazzi; Kathryn Jones; Ronald Vance; Celeste Fox; David Ballard; Andrea Stoffle; Kelly Ketlinski; Kevin Ehle; Brent Belliston; Roger Tebow; Gloria Nanney; Larry Andrews; Gene Fox iii. Commenting: None iv. Written testimony: Petition from neighbors (see public record); Walter Poly Key Issues of Public Testimony: i. Objection to the change to the FLUM from Office to Medium High Density Residential; ii. Not enough transition from the R1 neighborhood to the north to the proposed multi -family development; iii. Increased traffic generated by multi -family development and impact to adjacent residential areas; iv. Concern regarding management of the apartments if the structures are on separate lots under different ownership. Key Issue(s) of Discussion by Commission: i. The appropriateness of a multi -family development in this area vs. office as currently designated; ii. Traffic impacts on adjacent developments and streets generated by development of this property. iii. Maintenance of the back side of the berm along the north boundary of the site. Commission Change(s) to Staff Recommendation: i. The Commission voted to deny the subject applications based on maintaining the integrity of the current plan and addressing traffic issues in this area before any zoning changes happen. Outstanding Issue(s) for City Council: i. The Commission requested the Mayor and City Council send a letter to ACHD requesting a traffic study be done in this area to address access and traffic issues. This issue was discussed with the transportation commission and they also agree that an analysis for long term access and connectivity needs to be done of this area. Written Testimony since Commission Hearing: Jane & Samuel Snider (requests denial based on impact of the proposed development on the existing traffic problems in this area; requests ACHD provides a traffic solution before more development occurs); petition from Woodbridge HOA w/227 signatures (requests denial based on the impact of traffic on nearby subdivisions, school class size and student/teach ratio, utilization of existing nearby subdivision amenities without support by this development, and preference of office uses per the current plan); and petition from homeowners in Greenhill Estates w/42 signatures (doesn't provide enough transition from the R1 neighborhood from the north to the proposed R-15 development; increased traffic; effect on established neighborhoods and infrastructure; preference of office uses per the current plan). Notes: Possible Motions: Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0006, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0006, as presented in the staff report for the hearing date of July 26, 2016: (Add any proposed modifications to conditions) Continuance I move to continue File Number H-2016-0006 to the hearing date of July 26, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8E: Bancroft Square (H-2016-0055) Application(s): ➢ Rezone ➢ Preliminary Plat ➢ Conditional Use Permit Modification Size of property, existing zoning, and location: This site consists of 5.41 acres of land, zoned R-4, located at the southeast corner of S. Eagle Road and E. Easy Jet Drive at 2750 S. Eagle Road. History: This property was annexed and included in the planned development and preliminary plat for Sutherland Farm Subdivision. The PD conceptually approved office/multi-family uses on this site as a land use exception in the R-4 zoning district; detailed CUP approval was required. Comprehensive Plan FLUM Designation: MU -C Summary of Request: The applicant proposes to rezone 6.54 acres of land from the R-4 to the R-8 zoning district for the development of 33 SFR homes with a density of 6.10 units/acre. A modification to the previously approved CUP/PD is requested to change the use approved for this property from office/MFR to SFR at a density desired in MU -C designated areas. A preliminary plat is proposed consisting of 33 building lots & 5 common area lots.. Access is proposed at the north boundary via Easy Jet Drive with a stub street to the south for future interconnectivity. Access is also proposed to the east via S. Nephrite Way; no access is proposed via Eagle Road and is prohibited. A landscaped street buffer is required along Eagle Road in accord with UDC standards. Landscaped parkways are proposed along E. Girdner Drive/Court. A minimum of 10% qualified open space is typically required to be provided along with (1) site amenity for developments 5 acres or more in size which in this case amounts to 0.54 of an acre. Because this property was originally included in the preliminary plat for the Sutherland Farm development and is included in the PD, the applicant requests this property is allowed to develop as originally intended as the last phase of the subdivision and that qualified open space and site amenities for the overall development be considered to cover this portion of the site as well. A total of 11.3% (or 13.24 acres) of qualified open space has already been provided with the Sutherland Farm development along with site amenities consisting of a % mile long regional pathway along the Ridenbaugh Canal, a 5.9 acre park, a 2.5 acre park, tot lots, a gazebo, swing set and horseshoe pits. The applicant states they have discussed incorporating the subject property into the HOA with the Sutherland Farm HOA and have reached an agreement but it has not yet been finalized. In the event the agreement is not finalized, Staff recommends the plat is revised to provide the full 10% qualified open space — currently, 7.9% (or 0.43 of an acre) is proposed. Conceptual building elevations for homes within this development have been submitted with a variety of building materials. One & two story structures are proposed ranging in size from 1,200-2,200 s.f., similar to the size of homes in Sutherland Downs subdivision to the north. Because homes on lots that back up to or face S. Eagle Road and E. Easy Jet Drive are going to be highly visible, staff recommends the rear and/or sides of homes on lots that face or back up to these roadways incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Matt Schultz, Robert Nielson ii. In opposition: None iii. Commenting: Bonnie Broussard; Fred Kuperus iv. Written testimony: Matt Schultz, Applicant's Representative; Mike and Annette Wheeler, Arnie and Kay Veers, Bill and Sally Riggs, James and Marsha Harris, Joann St. Charles and Robert Nelson, Kent and Mary Ellen Wheeler, Robert and Laurel Nielson, Tom Reynolds, Ken Aileen Scalian (all in favor of the development provided that the minimum open space & site amenity requirements are provided with this development, or in the alternative, that the development is included in the HOA for either Sutherland Farms or Sutherland Downs in order to help bear the cost of maintenance of those private common areas and also be subject to certain architectural design guidelines as determined appropriate for this development). v. Key Issue(s): In favor of proposed development. Key Issue(s) of Discussion by Commission: i. In favor of proposed development. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0055, as presented in the staff report for the hearing date of July 26, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0055, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0055 to the hearing date of July 26, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #8F: Binary Subdivision (H-2016.0078) Application(s): ➢ Short Plat Size of property, existing zoning, and location: This site consists of 0.689 acres, zoned C -G, and is located at 1351 E. Fairview Avenue. History: In 2007, the property received Preliminary/Final Plat approval (PFP-07-003) for the four (4) lot Intermountain Outdoor Subdivision, In 2011, portion of the property was developed with a Dutch Bros. Coffee Kiosk (CZC-11-002). Summary of Request: The proposed short plat depicts two (2) commercial lots on 0.689 acres of land in a C -G zoning district. The proposed plat is a re -subdivision of Lot 2, Block 1 of Intermountain Outdoor Subdivision. The existing Dutch Bros. Coffee is located on Lot 2 , Block 1 of the Intermountain Outdoor Subdivision. The existing landscaping along the north (25 feet) and west (10 feet) boundaries of the site were installed with the construction of the Intermountain Outdoor Subdivision, and meet current landscape standards. These areas must remain protected during the construction on this site. Access to the site is provided to E. Fairview Avenue and N. Stonehenge Way through a reciprocal cross access agreement (Instrument #108086119). Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the final plat to be in substantial compliance with said requirements to recommend approval as proposed. Written Testimony: Pat Tealey, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Approval Outstanding Issue(s) for City Council: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0078, as presented in the staff report for the hearing date of July 26, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0078, as presented during the hearing on July 26, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0078 to the hearing date of July 26, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 12, 2016 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Commercial Real Estate Purchase Commercial Real Estate Purchase and Sale Agreement for Well Lot #9 Expansion for the Not -to -Exceed Amount of $35,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Closing to Scott Darling at TitleOne Corporation who will act as the Closing Agent ("Closing Agent") for this transaction. The Purchase Price shall be payable as follows: 1.3.1 An earnest money deposit of One Thousand and No/100 Dollars ($1,000.00) shall be paid by Buyer within ten (10) business days of the execution of this Agreement (the "Deposit"). The Deposit shall be payable, in trust for the benefit of this transaction, to TitleOne Corporation, 1101 W. River Street, Suite 201, Boise, ID 83702, (the "Title Company"), attention Scott Darling. The Closing Agent shall hold the Deposit in an escrow account (the "Escrow"), with any interest accruing to Buyer. The amount of the Deposit and any accrued interest shall be applied to the Purchase Price at the Closing of the purchase. 1.3.2 The remaining balance of the Purchase Price of Thirty Four Thousand and No/100 Dollars ($34,000.00) shall be paid in cash or its equivalent, at the close of Escrow (the "Closing"). 1.4 Conveyance of Title. Title to the Real Property shall be conveyed by a Warranty Deed in the form attached hereto and by this reference incorporated herein as Exhibit 1.5. Title to the Real Property shall be marketable and insurable and shall be free and clear of all liens, encumbrances, and restrictions, exclusive of (i) real property taxes for the current year which are not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before CIosing. 1.5 Title Insurance. 1.5.1 Title Commitment. on the acceptance of this Agreement by the Seller, the Parties shall order a commitment for an ALTA standard property owner's title insurance policy ("Title Commitment") to be issued by Title Company, covering the Real Property. 1.5.2 Unapproved Exceptions. If any exceptions shown on the Title Commitment are not approved in writing by the Buyer before Closing and cannot be removed by the Seller by Closing, then the Buyer shall have the right to terminate this Agreement, and each Party shall be fully released and discharged from any further obligations under this Agreement. 1.5.3 Policy. At Closing, the Buyer may purchase an ALTA standard or extended property owner's title insurance policy ("Policy") at Buyer's sole expense in the insured amount of the Purchase Price of the Real Property. 1.6 Possession. The Seller shall deliver actual possession of the Real Property to the Buyer at Closing. 1.7 Prorated Taxes. Taxes assessed by Ada County on the Real Property shall be prorated and paid by Seller based on the last tax assessment available before Closing. 2. RE WARRANTIES, AND COVENANTS OF THE SELLER. The Seller represents and warrants to, and covenants with, the Buyer as follows: 2.1 Authority of the Seller. The execution, delivery, and consummation of this Agreement by the Seller has been duly approved in accordance with applicable law and any COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 2 documents or instruments governing the Seller. The execution, delivery, and consummation of this Agreement by the Seller will not, with the passage of time, the giving of notice, or otherwise, cause the Seller to be in violation or breach of any law, regulation, contract, agreement, or other restriction to or by which the Seller or the Real Property is subject or bound. 2.2 Consents. Except as disclosed in writing to the Buyer before the Closing, Seller is not required to obtain the approval or consent of any person, firm, or other entity to permit the Seller to consummate the transactions contemplated by this Agreement. 2.3 Property Ownership. The Seller owns and possesses all right, title, and interest in and to the Real Property free and clear of all covenants, conditions, easements, liens, and encumbrances. 2.4 No Litigation. There is no equitable, legal, or administrative suit, action, arbitration, or other proceedings pending or threatened against or affecting the Seller or the Real Property. 2.5 Information to be Provided. Within ten (10) business days after the date this Agreement is accepted by the Seller, the Seller shall deliver to the Buyer the following: 2.5.1 Contracts. All contracts of any kind or nature that will survive the Closing and that relate to the Real Property. 2.5.2 Leases. A copy of all leases relating to the Real Property, together with any amendments to them. 2.5.3 Permits. A copy of any licenses, certificates, permits, approvals, conditions or similar items, in the Seller's possession relating to any portion of the Real Property. 2.6 Conduct Pending Closing. From the Effective Date to Closing, the Seller shall (i) maintain the Real Property in good repair and condition, (ii) continue to operate the Real Property in the manner previously operated by the Seller, (iii) not enter into any new leases or licenses relating to the Real Property, other than in the ordinary course of operating the Real Property, and (iv) perform all acts necessary to insure that the representations, warranties, and covenants of the Seller shall be true, complete, and accurate in all respects on and as of the date of closing to the same force and effect as if made at Closing. Buyer acknowledges that the Seller's Ada County Parcel No. 51212438770 which includes the Real Property is currently being marketed for sale. From the Effective Date of this Agreement, any contract for sale of any portion of the real property described by Seller's Ada County tax parcel No. S 121243 8770 shall be made subject to this Agreement. 2.7 Access to Real Property. After the Effective Date of this Agreement, the Buyer and the Buyer's authorized representatives shall have reasonable access to the Real Property. 2.8 Indebtedness. The Seller shall pay all indebtedness, obligations and liabilities incurred in connection with the Real Property and the operation of the Real Property for the period ending midnight of the date of Closing. COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 3 3. CONDITIONS PRECEDENT TO CLOSING. 3.1 Conditions Precedent to Obligations of the Buyer. The obligations of the Buyer under this Agreement are subject to the satisfaction of the following conditions: 3. 1.1 Property Boundary Adjustment. a. Before Closing, Buyer shall have obtained, at the Buyer's sole cost, tentative approval of the City of Meridian of a property boundary adjustment ("PBA") of the Real Property pursuant to Section 11 -6B -S of the Meridian City Code. Seller shall cooperate with the PBA application, including but not limited to the execution of affidavit(s) of legal interest which are substantially in the form attached hereto and by this reference incorporated herein as Exhibit 3.1.1(a). b. Before Closing, after Buyer receives tentative approval of the PBA application, Buyer shall obtain at Buyer's sole expense, a legal description of the Real Property by a registered surveyor licensed by the State of Idaho which shall be attached hereto and by this reference incorporated herein as Exhibit 3.1.1(b). c. As a condition of approval of the PBA, Buyer shall obtain at Buyer's sole cost, a new legal description of the Retained Property by a registered surveyor licensed by the State of Idaho. d. As a condition of approval of the PBA, the Buyer shall obtain, at the Buyer's sole cost, a new certified Record of Survey by a registered surveyor licensed by the State of Idaho depicting the changes to the properties affected by the PBA. e. Any other conditions of approval of the PBA, which shall be fulfilled at Buyer's sole cost and expense. 3.1.2 Relocation of Utility Easement(s) and Associated Infrastructure. Before Closing, Buyer shall have successfully negotiated new Intermountain Gas and Century Link Easements, and Buyer shall have caused the associated underground utility infrastructure to be relocated on the Retained Property to a location as generally depicted in Exhibit 1.1. All costs related to this condition shall be borne by Buyer. 3.2 Other Conditions Precedent to Closing. 3.2.1 Re resentations and Warranties True. The representations and warranties of the Seller are true, complete, and accurate as of the date of this Agreement and as of the date of Closing as if made as of such date. 3.2.2 Covenants Performed. The Seller and Buyer shall have performed all obligations, covenants and agreements to be performed before Closing as set forth in this Agreement. 3.2.3 Title Policy. The Title Company is prepared to issue a policy in accordance with the provisions of Section 1.6.3. COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 4 3.2.4 Execution and Delivery of Documents. The Seller (and others where required) shall have executed and delivered to the Closing Agent the following: (a) The Warranty Deed; (b) The Access Easement Agreement; and, (c) Any other documents necessary to effect the transfer of title contemplated by this Agreement. 4. CLOSING. 4.1 Closing Fees. Buyer shall be responsible for paying all of the Closing Agent's Closing fees at Closing. 4.2 bate of Closing. The Parties shall submit all required documents to Closing Agent in advance of the planned Closing date of October 1, 2016, or at such other time, date, and place as may be mutually agreed between Seller and Buyer. Unless otherwise mutually agreed, if this transaction has not closed by October 31, 2016, this Agreement shall be deemed to be canceled. If the failure to close is due singularly to either Buyer's or Seller's inaction, the remedies set forth in Section 6 shall apply as if the non -acting Party had committed a default. If the failure to close is due to mutual decision or joint inaction by Buyer and Seller, the Deposit shall be returned to Buyer, any Title Commitment termination fee and Escrow fees charged by the Title Company shall be split equally between the Parties, and any other costs that have been incurred shall be the obligation of the Party that incurred the same. 4.3 Closing Agent Instructions. Buyer and Seller shall execute and deliver to the Closing Agent instructions on the form generally provided by the Closing Agent with such modifications as are reasonably agreed to by Buyer and Seller. 5. DOST -CLOSING OBLIGATIONS. 5.1 As soon as practicable after Closing, as a condition of approval of the PBA, Buyer shall obtain new tax parcel numbers from the Ada County Assessor. 6. REMEDIES. 6.1 Default by Buyer. If Buyer shall default in the performance of any of the terms and conditions of this Agreement prior to Closing; if the Closing shall not occur through the fault of Buyer, or if Buyer's FY 2017 budget fiords for expenses related to this Agreement are not appropriated by the Meridian City Council and therefore Buyer does not close the purchase of the Real Property, Seller shall, as its sole remedy, retain the Deposit as liquidated damages, and this Agreement shall be canceled. 6.2 Default by Seller. If Seller shall default in the performance of any of the terms and conditions of this Agreement prior to Closing, or if Seller is otherwise unable to deliver merchantable title to the Real Property, Buyer may, at its option, (i) rescind this Agreement and COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 5 recover from Seller the Deposit, or (ii) pursue any other legal or equitable remedy, including without limitation a suit for specific performance. 1. NOTICES. All notices, demands, and requests which may or are required to be given by either party to the other shall be in writing and shall be personally served on the designated party; delivered by courier; sent by United States certified or registered mail, postage prepaid, return receipt requested; sent by facsimile transmission; or sent by email transmission addressed to the parties as follows, unless a party hereto otherwise designates a different notice address or recipient in writing: Seller: Christopher W. "Kit" Clark 4414 S. Gekeler Lane Boise, ID 83716 Telephone: 208-342-8901 Facsimile: 208-338-2215 Email: kitclark(crQ,�yankemachine.com Buyer: Ted Baird 33 East Broadway Avenue, Suite 306 Meridian, ID 83642 Telephone: 208-898-5506 Facsimile: N/A Email: tbaird@meridiancity.org Any notice given in the form set forth herein shall be deemed given and received as follows: if personally delivered or sent by courier, when delivered; if sent by mail on the third business day following the mailing thereof; if sent by facsimile transmission, it shall be deemed delivered on the date the recipient provides written acknowledgement (via facsimile or other method) of receipt of the same; and if sent by e-mail transmission, it shall be deemed delivered on the date the recipient provides written acknowledgement (via email or other method) of receipt of the same. 8. GENERAL PROVISIONS. 8.1 Broker Fees. Except as disclosed in writing to the Parties before Closing, the Buyer is not obligated to pay any fee or commission to any broker, finder, or intermediary for or on account of the transaction contemplated by this Agreement. Any fees paid by Seller to Seller's broker shall be paid by separate arrangement between Seller and Seller's broker. 8.2 Governing Law, Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 8.3 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 6 8.4 Rights Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 8.5 Nonwaiver of Remedies. The failure or neglect of a Party to enforce any remedy available by reason of the failure of the other Party to observe or perform a term or condition set forth in this Agreement shall not be a waiver of such term or condition. A waiver by a Party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 8.6 Successors and Assigns. Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, and personal representatives. 8.7 Entire Agreement. All Exhibits to this Agreement are a part of this Agreement. This Agreement, together with the accompanying Exhibits, is the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 8.8 Severability. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. 8.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instruments. 8.10 Survival of Representations, Warranties, and Covenants. All representations, warranties, and covenants of the Parties set forth in this Agreement shall survive the Closing and shall survive the recording of the Warranty Deed and the Access Easement Agreement. 8.11 Execution of Agreement. Seller acknowledges that this Agreement will be executed by Seller before Buyer executes the Agreement and that the execution of the Agreement by the Buyer is contingent upon ratification of the terms and conditions of this Agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this Agreement on behalf of the Buyer. 9. SIGNATURES. Dated: , 2016 BUYER, CITY OF/MERIDIAN COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 7 ATTEST: aw City of ;City ClerkE II� DiNI` JAN.Z= sm. SEAL Dated: Dated: Jc� �a / , 2016 SELLER, Susan L. Norby SELLER, Jill M. Stevens COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT — 8 STATE OF IDAHO ) ss County of Ada ) iJ On this<� day of J—VL� , 2016 before me, personally appeared and know or identified to me to be the it Clerk, respectively, o` the ity of Meri iar , who executed the instrument of behalf o saI? i y, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,.rr•.. CK •. (SEAL)•• �--'� •N 0• y ;rt rWA ix• ,••:PAHO ~�' .••• ••r•rrr• mv-"t L. 4 -hue Notary Public for Idaho Commission expires: K U' q-` COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 9 STATE OF IDAHO } } ss, County of Ada ) On this /y day of ,� , 2016, before me, personally appeared Susan L. Norby, known or identified to me (or proved to me on the oath of }, to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the daX, 7e%. in this certificate first above written. .••�� tiR cL`'•• Y R Y Notary Pu is for Idaho %V0: Ptl�ti f � �: Commission expires: 7— / - ZOZt) ,'rr* *%~rr►rNrr.0r V '••.STA TE OO ..•'�. STATE OF IDAHO ss. County of Ada } Je.- On this / y'day of , 2016, before me, personally appeared Jill M. Stevens, known or identified to me (or proved to me on the oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Its '•. � �Q► .Z L,� `+.,r Notary Pu c for Idaho% I o f % *P� pR Y O ' t0 # : Commission expires: 7- v s �• tiG = -01 COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 10 EXHIBIT 1.1 —711I I I I I Aprox 5700 sq ft of Real Property to be conveyed I I I Additional Meridian Access Easement I I Relocated Gas Easement g� I� 14 1 r FOLM A11 W ecu~ — N 89-391 N 1Y BELOW GROUND 114.00' II II W I I MERUAN DOMESAC I I f WELL NO. 9 `t I ►7 N 89'33'19" W 153.24° I I I I Z I Z � I [(too lao 1 1a' 30' M pasnkG 30' MERIDIAN r VO&LNOEASEMEN 9 ACCESS PARCEL A I o 43995 SF I 1.010 Acres ! N COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 11 M11 V. to '_� ROS 2833 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Exhibit 1.2A — Form of Access Easement. [SAMPLE FORINT] (Space Above For Recorder's Use) ACCESS EASEMENT AGREEMENT This Access Easement Agreement is made effective this [insert date], by and between insert name of antor] ("Grantor"), and [insert name of rantee] ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property near the corner of [insert cross streets] in [insert CL , State], as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property on the corner of [insert cross, streets] in [insert City, State] as depicted in Exhibit B, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as depicted on Exhibit C under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location depicted on Exhibit C ("Easement"). The ingress and egress shall be approximately [insert feet/inches] wide. rprovide description] COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT -12 Z. Purpose of Easement. The Easement shall be used for vehicular ingress and egress to the City of Meridian Well No. 9 for the City of Meridian and its respective representatives, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement. 3. Binding on Successors. This Easement and the vacation of any previously existing easements shall be recorded in the official records of [ insert City, State], and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. S. Indemnification. To the extent allowed by law, the Grantee agrees to indemnify, defend and hold the Grantor, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, invitees, or representatives of the Easement. 5. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. Termination of Previous Easements. The Grantee hereby terminates any and all existing access easements on the Grantor's Property in favor of Grantee or its affiliates or benefiting the Grantee's Property. This Easement is intended to replace any such previously granted access easements and shall not be effective until such easements are vacated in the public records of j insert City, State. S. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. 9. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT -13 Grantor: Upon at least ten (10) days' prior written notice, each parry shall have the right to change its address to any other address within the United States of America. 10. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street or drive at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. Until and unless an express dedication is made of the Easement, no use hereunder shall be deemed to constitute the Easement as a public way or a quasi -public way, but to the contrary the Easement shall constitute and remain a private way and drive. No dedication shall, however, be made of the Easement unless: 11. Such Easement is accepted by the public entity for maintenance as a public street or drive; and 12. The dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. [NOTARIZED SIGNATURES OF GRANTOR AND GRANTEE] COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT -14 Exhibit 1.2B Buyer's Property (Legal Description of the Buyer's Property to be inserted pursuant to Article 1.2) of this Agreement) COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT -15 Exhibit 3.1.1(b) - Legal Description of Real Property An approximately 5,700 square foot portion of the real property legally described in the land records of Ada County Idaho as Parcel No. S 1212438770 @ W SIDE SW4SE4 SECTION 12 3N 1 W, PARCEL B, RIS 7414 #43 8401-B (Legal Description of the Real Property to be obtained pursuant to Article 3.1.1(b) of this Agreement). COMMERCIAL REAL ESTATE PURCHASE AND SALE AGREEMENT - 18 CHRISTOPHER W. CLARK, ESQ. P.O. Box 5405 (83705) 4414 S. Gekeler Lane Boise, ID 83716 208/342-8901 2081338-2215 (fax) kitelarkAyankemachine.corn July 15, 2016 Ted Baird, Esq. Deputy City Attorney 33 East Broadway Ave. Suite 306 Meridian, ID 83642. Re: TitleOne File No.: 16272053; Norby/Stevens to City of Meridian A portion of Ada County Parcel No. 51212438770 Dear Ted: Enclosed herewith are two original signature copies of the proposed Commercial Real Estate Purchase and Sale Agreement ("Agreement") for the above referenced property. Both copies have been executed by the Sellers. Please have both copies of the Agreement signed by the City of Meridian, retain one copy and return one original to me for our files. Please note that within ten business days of the City's execution of the Agreement, the earnest money deposit of $1,000 should be paid in trust to TitleOne Corporation. If you have any questions or concerns please contact me. Best regards, CHRISTOPHER W. "KIT" CLARK General Counsel CWC/lo Enc. Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Data Exchange License Agreement Data Exchange License Agreement with Intermountain Gas Company MEETING NOTES Community Item/Presentations Peb.4b ntact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Data Exchange License Agreement THIS LICENSE AGREEMENT (hereinafter referred to as the "AGREEMENT") made and dated this N'r,4 day of YUL_ 2016, by and between INTERMOUNTAIN GAS COMPANY. hereinafter referred to as "IGC"), an Idaho corporation, with offices at 555 S Cole Rd and the City of Meridian, an Idaho municipal corporation whose address is 33 E. Broadway Avenue, Meridian, Idaho (hereinafter referred to as "Recipient"). Each or both may also hereinafter be referred to as the "Party" or "Parties" respectively. WHEREAS, IGC possesses certain technical, digital, documentary, land base, facility, photographic, or other information or data which IGC considers proprietary to it and relates to its Geographic Information System (GIS) data base (hereinafter referred to as "PROPRIETARY INFORMATION"), and WHEREAS, Recipient desires to use portions of IGC's PROPRIETARY INFORMATION for the purposes of developing maps and mapping applications, and Recipient desires to obtain the right to use IGC's PROPRIETARY INFORMATION and updates thereto in exchange for providing IGC upon request with; A. Access to Recipient's corresponding GIS database, as updated. The access shall consist of supplying requested land base data, aerial photos, and/or facility data. B. Authorization to use Recipient's GIS information to update and augment IGC's PROPRIETARY INFORMATION. C. Maps and other types of data developed with the aid of IGC's PROPRIETARY INFORMATION. WHEREAS, it is recognized that in anticipation of any current or future need to share information or coordinate projects between the Parties, it may be both necessary and desirable that IGC provide to Recipient the above-described PROPRIETARY INFORMATION. NOW, THEREFORE, in consideration of these promises, and of the mutual promises and covenants contained herein, the Parties hereto agree as follows: IGC shall provide to Recipient certain PROPRIETARY INFORMATION designated in Exhibit A attached hereto for the LIMITED USE ONLY as set forth in Section 3 of this Agreement, including requested land base, aerial photos, and/or facility data. The PROPRIETARY INFORMATION to be disclosed by IGC may be contained in documents, electronic media (ArcGIS Geodatabase, ArcGIS Shapefile, DXF, DWG, JPEG, and/or .TIF format only), and other materials. 2. The Parties hereto agree that IGC retains all right, title, and interest in and to the disclosed PROPRIETARY INFORMATION and that Recipient is not hereby granted any right, license or interest in the PROPRIETARY INFORMATION, Page 1 of 6 except as specifically provided in this Agreement. Recipient shall not distribute, sell, license, or reproduce the PROPRIETARY INFORMATION, except as specifically set forth herein. IGC shall be under no obligation as a result of this Agreement to disclose any PROPRIETARY INFORMATION other than the PROPRIETARY INFORMATION listed in Exhibit A, attached hereto. 3. IGC may grant Recipient the right to make limited public disclosure of the PROPRIETARY INFORMATION obtained from IGC upon receipt of advance written authorization from IGC and in accordance with this section. This disclosure may include producing and distributing paper or Mylar documents using the data (e.g. construction drawings, plan sets, maps), publishing articles relying on or citing the data, or such other types of disclosure as IGC may authorize in advance in writing. Any disclosure or release of data obtained from IGC shall attribute the data to IGC; such attribution shall take the form of text incorporated into example maps and drawings and summary data tables as well as all project reports, papers, and articles presented or published for public disclosure. Such authorized disclosure of information shall in no way operate to modify Recipient's obligation to protect the propriety nature of other PROPRIETARY INFORMATION in accordance with the terms of this AGREEMENT. Limited disclosure of PROPRIETARY INFORMATION as permitted pursuant to this AGREEMENT shall not change the proprietary character of the PROPRIETARY INFORMATION, but IGC shall have no proprietary interest in the example maps, drawings, summary data tables, or other forms in which the PROPRIETARY INFORMATION is disclosed and the information as contained in example maps, drawings, summary data tables, and other authorized forms shall not be deemed Proprietary Information. 4. IGC is not providing, nor is Recipient obtaining, the right to make copies of the PROPRIETARY INFORMATION furnished pursuant to this AGREEMENT, except that Recipient may make backup copies for its own use. Recipient shall also not obtain as a result of this Agreement the right to make IGC's PROPRIETARY INFORMATION available to or distribute to third parties in either computer or non -computer readable form, except as set forth in Paragraph 3, or the right to use IGC's PROPRIETARY INFORMATION for purposes of design, analysis, or any information gathering for third parties. IGC reserves the exclusive right to reproduce and make available to others, on such terms and conditions as IGC may determine, IGC's PROPRIETARY INFORMATION in either computer or non -computer readable form. 5. The points of contact for the parties with respect to the provision of PROPRIETARY INFORMATION are as follows: Page 2 of 6 Intermountain Gas Co. A Division of MDU Resources Group, Inc. Dennis W. Hammer Manager, Enterprise GIS System 555 S Cole Rd Boise, ID 83709 208-377-6031 City of Meridian Matthew Tenold, GIS Analyst 33 E. Broadway Avenue Meridian, ID 83642 208-489-0506 6. Recipient shall restrict disclosure of IGC's PROPRIETARY INFORMATION to only those employees who have a job-related need for the PROPRIETARY INFORMATION and who have been advised of and agreed to the restrictions on disclosure and use contained in this Agreement. Upon discovery by Recipient of any unauthorized use or disclosure, Recipient shall immediately notify IGC and shall endeavor to prevent further unauthorized use or disclosure. 7. In the event of any breach of this AGREEMENT by Recipient, Recipient agrees that injunctive relief will be essential for IGC's protection. Accordingly, IGC and Recipient agree and consent that in the event of any breach or threatened breach of this AGREEMENT, IGC may obtain such injunctive relief, in addition to any other legal remedy and/or damages, as it believes necessary in order to prevent any threatened or continued violation of the terms of this AGREEMENT. Recipient further acknowledges that any disclosure of PROPRIETARY INFORMATION in breach of this AGREEMENT may result in substantial damages to IGC, and that IGC has the right to initiate legal action to recover its damages in the event of such a breach. In the event that IGC, based on this AGREEMENT, seeks injunctive relief, Recipient agrees to waive any requirement that IGC post a bond or other security for the requested injunctive relief. 8. Any PROPRIETARY INFORMATION delivered by IGC to Recipient pursuant to this AGREEMENT shall be for use solely as specified in this Agreement. No other use of PROPRIETARY INFORMATION may be made without the prior written consent of IGC. 9. Recipient's obligations with respect to disclosing and using PROPRIETARY INFORMATION, as set forth in this AGREEMENT, are not applicable to any such information or data if same is: a. In the public domain at the time of receipt or comes into the public domain thereafter through no act of Recipient in breach of the AGREEMENT, or b. Is in Recipient's possession prior to disclosure by IGC, or Page 3 of 6 c. Disclosed with the prior written approval of IGC, or d. Independently developed, without aid from IGC's PROPRIETARY INFORMATION, by Recipient, or e. Lawfully disclosed to Recipient by a third party under conditions permitting such disclosure. 10.The term of this AGREEMENT shall be for as long as the information is in possession of Recipient, or until terminated by either Party. Either Party shall have the right to terminate the AGREEMENT upon 30 days written notice to the other. 11. Upon expiration or termination of this AGREEMENT, in accordance with its terms, Recipient will, within a reasonable period of time thereafter, return all PROPRIETARY INFORMATION received from IGC under this AGREEMENT along with all copies thereof, or certify in writing that all such PROPRIETARY INFORMATION has been destroyed. Upon receipt of replacement or updated PROPRIETARY INFORMATION from IGC, Recipient will, within a reasonable period of time thereafter, return the prior versions of such PROPRIETARY INFORMATION received from IGC under this agreement along with copies thereof, or certify in writing that all such PROPRIETARY INFORMATION has been destroyed. 12. PROPRIETARY INFORMATION transmitted to Recipient pursuant to this AGREEMENT shall not constitute any representation, warranty, assurance, guarantee or inducement by IGC to Recipient that any patent or other proprietary intellectual property rights owned or controlled by any third party have not been infringed, and nothing in this AGREEMENT shall be construed as a warranty or representation of any kind with respect to the content or accuracy of data, documents and information transmitted by IGC under this AGREEMENT. 13. Recipient agrees to indemnify and hold harmless IGC against any and all claims, causes of action or damages, liabilities, including attorneys' fees and expenses, brought as a result of or arising from Recipient's use of the PROPRIETARY INFORMATION. 14. The Parties hereto agree that any suits or claims arising from this AGREEMENT shall be brought in the County of Ada, State of Idaho. 15. This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of Idaho. 16. This AGREEMENT contains the entire understanding between the Parties relative to the protection of the PROPRIETARY INFORMATION and supersedes all prior and collateral communications, reports, and understandings between the Parties with respect thereto. No change to, modification of, alteration of, or Page 4 of 6 EXHIBIT "A" INTERMOUNTAIN GAS COMPANY This document is an attachment to the Data Exchange License Agreement between INTERMOUNTAIN GAS CO (IGC) and City of Meridian (Recipient). Description of PROPRIETARY INFORMATION Natural Gas main distribution network owned and maintained by Intermountain Gas Company. Page 6 of 6 Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Resolution No. <(D " : A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to sell a 2005 Ford Explorer to the Kuna Rural Fire District. MEETING NOTES A -PPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I L - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL A 2005 FORD EXPLORER TO THE KUNA RURAL FIRE DISTRICT. WHEREAS, it is in the best interest of the City of Meridian to declare that a certain 2005 Ford Explorer as attached in Exhibit "A" as surplus as this particular item is no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be sold to other government agencies when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the 2005 Ford Explorer would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to sell a 2005 Ford Explorer listed in Exhibit "A" to Kuna Rural Fire District, a government agency, the mission of which is to provide fire protection, 911 ALS ambulance service, rescue services and wildland fire protection. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain 2005 Ford Explorer attached hereto as Exhibit "A" is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the 2005 Ford Explorer listed in Exhibit "A" for $3,000, to the Kuna Rural Fire District. ADOPTED by the City Council of the City of Meridian, Idaho, this 26th day of July, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of July, 2016. City Council President, Keith Bird QO�P ei) AUGUST' Chv of �E IDIAN*-- ANO SEAL ATTEST: Holman, City Clerk RESOLUTION AUTHORIZING SALE OF 2005 FORD �R TO KUNA RURAL FIRE DISTRICT %=" V Al ASSET TAG # CITY OF MERIDIAN DEPARTMENT N/A I ASSET INFORMATION FORM I Fire QUANTITY DESCRIPTION SPECIFIC LOCATION 1 2005 Ford Explorer— MF015 Fire Administration MODEL MANUFACTURER SERIAL # VENDOR Explorer Ford Vin #: 1FMZU72K65ZA69664 Dan Wiebold -Nampa ORIGINAL COST ACQUISITION DATE I LIFESPAN 20,646 7/18/2005 110 years ❑ Add New Asset Upon receipt of a new asset take the time to adhere a tag and complete the "Asset Information Form" and forward to Finance. ® Dispose Asset (please give a brief description of how you disposed of the asset) Sell to Kuna Fire. ❑ Transfer Asset ❑ Retire Asset ASSET DISPOSAL To dispose of an item complete the "Property Disposal Authorization Request" or "Asset Information Form". Once the form is complete it should be routed as follows: A. Signature and date of Department Director. B. Send to Finance Department for review and signature. C. Finance will route to Mayor for approval. D. Mayor will route form back to Finance. E. Finance will return the approved form to the Department (and Legal, if resolution is required) so they can proceed with disposal. do &au zntivf aU,1>,Lw-X , P DISPOSAL VALUE $ 3,000.00 (use your best estimate) PROPERTY DISPOSAL AUTHORIZATION REQUEST Reason for disposal of property: Exceeded vehicle life. Replaced by new vehicle. Condition of asset to be disposed: Fair. Current mileage = 82,165 artrrfiYDirector proval to Dispose or Retire an Asset Fina Mayor Apgr al toAispose or Retire an Resolution No.: I Approved by Council Date: Final Disposition of Property Vendor/Agency & Date: Note: All Donations must be approved by Council through Resolution. 7-i-3-/6 Date IINLOY Date Date Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0072 ITEM TITLE: Hill's Century Farm No. 4 Final Order for Hill's Century Farm No. 4 (H-2016-0072) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVISION NO. 4 (H-2016-0072) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 19, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY SEVEN (37) BUILDING LOTS AND SEVEN (7) COMMON LOTS ON 15.56 ACRES OF LAND IN AN R-8 ZONING DISTRICT FOR HILL’S CENTURY FARM SUBDIVISION NO. 4 BY: BRIGHTON INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0072 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 2016 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 HILL’S CENTURY FARM SUBDIVISION PHASE 4, LOCATED IN A PORTION OF THE SOUTH ½ OF THE NW ¼ AND THE NORTH ½ OF THE SW ¼, SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL’S CENTURY FARM SUBDIVISION NO. 4 (H-2016-0072) Page 2 of 3 COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 06/07/2016, AARON L. BALLARD, PLS, SHEET 1 OF 4,” 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 July 19, 2016, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Van Elg, Brighton Corporation, 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. 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 r, 2016. Attest: Jaycee rich' City Clerk MIJ ���cuyor C�Vt ERID L By: i T miny e We6rd r Mayor, City of Meridian 0 W day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:IdeziteDated: -7-6� l'/ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HILL'S CENTURY FARM SUBDIVISION NO.4 (H-2016-0072) Page 3 of 3 EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for a final plat (FP) consisting of 37 building lots and 7 common lots on 15.56 acres of land in an R-8 zoning district. This is the fourth phase of development of Hill’s Century Farm Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Hill’s Century Farm Subdivision No. 4 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0072, as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0072, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0072 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located east of S. Eagle Road, midway between E. Amity and E. Lake Hazel Roads, in the west ½ of Section 33, T. 3N., R. 1E. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Owner: Same as applicant EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 2 D. Representative: Van Elg, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 37 single-family residential building lots and 7 common lots on 15.56 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 2.38 dwelling units (d.u.) per acre with a net density of 4.33 d.u. per acre. The minimum property size is 8,616 square feet (s.f.) with an average size of 10,053 s.f. A 90’ x 60’ youth soccer field (multi-use facility – stormwater and active recreation) is proposed within the center of the large common area on Lot 1, Block 13. The landscaping within this area is required to comply with the standards for stormwater integration listed in UDC 11-3B-11C. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same. Therefore, staff deems the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Prior to City Engineer signature on the final plat, the applicant shall remove all existing structures on the site. 2. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 3. The rear or side of structures on Lot 17, Block 5; Lots 3-15, Block 10; and Lots 2-3, Block 15, that face E. Taconic Drive, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Meridian Design Manual per requirement of the development agreement. 4. A floodplain permit application is required to be submitted, reviewed and approved prior to any development within the overlay district (Lots 17-25, Block 5) until August 28th due to FEMA LOMR condition of approval. 5. The Ten Mile Creek, a natural waterway, is required to be left open as a natural amenity and not be piped or otherwise covered. 6. The final plat prepared by KM Engineering, stamped on June 7, 2016 by Aaron L. Ballard shall be revised as follows: a. Label Lot #15 in Block 10 b. Note #14: Include recorded instrument number. c. Note #15: Include recorded instrument number. EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 3 7. The landscape plan prepared by KM Engineering, dated June 5, 2015, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Stormwater swales in required landscape areas are required to be vegetated with grass or other appropriate materials; gravel, rock, sand or cobble are not permitted on the surface unless designed as a dry creek bed or other design feature, per UDC 11-3B-11C. 8. The water main in S. Woodville Drive shall be 12-inch diameter. VII. ONGOING CONDITIONS OF APPROVAL 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-14-012; PP-14-04). 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 8. Future homes constructed within this development shall be generally consistent with the conceptual building elevations included in the development agreement. VIII. PROCESS CONDITIONS OF APPROVAL 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 3. The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B or obtain approval of a time extension as set forth in UDC 11-6B-7. 4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 4 IX. GENERAL REQUIREMENTS 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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 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 11-1-4(b). EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 5 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. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. 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. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 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 Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c) -1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 6 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. X. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 11/7/14) C. Proposed Final Plat (dated: 6/7/16) D. Proposed Landscape Plan (dated: 6/7/16) EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 7 Exhibit A – Vicinity Map EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 11/7/14) Phase 4 EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 9 Exhibit C – Proposed Final Plat (dated: 6/7/16) EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 10 Exhibit D –Proposed Landscape Plan (dated: 6/7/16) EXHIBIT A Hill’s Century Farm Subdivision No. 4 – FP H-2016-0072 PAGE 11 EXHIBIT B Sonya Watters From: Van Elg <velg@brightoncorp.com> Sent: Wednesday, July 13, 2016 12:23 PM To: Sonya Watters; Barbara Shiffer, Charlene Way; Jacy Jones; Machelle Hill Subject: RE: Hill's Century Farm Sub. 4 FP H-2016-0072 Staff Report for July 19th Council Mtg Sonya, We have reviewed the staff report and agree with the recommended Conditions of Approval for the Final Plat of: "Century Farm Subdivision No. 4". As noted below, we agree that this item may be placed on the consent agenda of July 191h, 2016. Thank you for your kind assistance. Van Elg, Planning Manager Brighton Corporation I www.BrightonCorp.com 12601 W. Explorer, Suite 200 1 Boise, ID 83713 Office 208.378.4000 1 Cell 208.576.1795 ® 7i7 From: Sonya Watters [mailto:swatters@meridiancitv.org] Sent: Tuesday, July 12, 2016 3:16 PM To: Barbara Shiffer <bshiffer@meridiancity.org>; Charlene Way <cwav@meridiancity.org>; Jacy Jones <Iiones@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Cc: Van Elg <velg@brightoncorp.com>; Jon Wardle <iwardle@brightoncorp.com>; Mike Wardle <mwardle@ brightoncorp.com> Subject: Hill's Century Farm Sub. 4 FP H-2016-0072 Staff Report for July 19th Council Mtg Attached is the staff report for the proposed final plat for Hill's Century Farm Sub. 4. This item is scheduled to be on the Council agenda on July 19th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Applicant - Please submit a written response to the staff report to the City Clerk's office (mhi[L@meridiancity.orQ, ijones@meridiancity.org), cway@meridiancity.orQ, bshiffer@meridiancity.orQ and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5F PROJECT NUMBER: H-2016-0061 ITEM TITLE: Harmony Hills Assisted Living Findings of Fact, Conclusions of Law for Harmony Hills Assisted Living (H- 2016-0061) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E flu"I IAN AND DECISION & ORDER In the Matter of the Request for an Amendment to the Development Agreement for Harmony Hills Assisted Living for the purposes of incorporating a new concept plan, building elevations and modifying certain provisions of the development agreement, by Derk Pardoe. Case No(s). H-2016-0061 For the City Council Hearing Date of: July 19, 2016 (Findings on July 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 2016, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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 conunent(s) received fiom 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 19, 2016, 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 an amendment to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of July 19, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). 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 (UDC 11-513-317). 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 (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 19, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 2 - By action of the City Council at its regular meeting held on the day of �' , 2016. r COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED VOTED -- i VOTED i Tammy de Weerd Attest: AP -PI, AUGvsT, �i0 C _ w 1 i n .q City of City Clerk DA SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: i � L 4�Lk Dated: ity Clerk's Office --/-,-X7, 1 �2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0061 - 3 - EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 1 STAFF REPORT HEARING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Harmony Hills Assisted Living – MDA H-2016-0061 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Derk Pardoe, requests a modification to the existing development agreement (MDA) for the purposes of incorporating a new concept plan, building elevations and modifying certain provisions of the development agreement. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on September 18, 2012. At the public hearing, the Council approved the subject CPAM, AZ, and PP requests. a. Summary of City Council Public Hearing: i. In favor: Brent Barfus ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0061 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0061 as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0061 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of W. Overland Road, west of S. Stoddard Road in the southwest ¼ of Section 13, Township 3 North, Range 1 West. (Parcel #’s R4885160020, EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 2 R4885160030, R4885160040, R4885160050, R4885160062, R4885160070, R4885160080 and R4885160090) B. Owner/Applicant: Derk Pardoe 3454 Stone Mountain Lane Sandy, UT 84072 C. Representative: Brian Carlisle, The Richardson Design Partnership, LLC 510 South 600 East Salt Lake City, UT 84102 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 6, and June 20, 2016 C. Radius notices mailed to properties within 300 feet on: June 2, 2016 D. Applicant posted notice on site by: July 5, 2016 VI. LAND USE A. Existing Land Use(s): A portion of the site is currently being developed with 190 unit apartment complex. A portion of the site remains vacant along the Interstate and the W. Overland Road. B. Adjacent Land Use and Zoning: 1. North: I-84 2. East: Western Electronics Building and University of Phoenix, zoned I-L and C-G 3. South: Overland Road and Sagewood Subdivision (currently under construction), zoned L-O and R- 8 4. West: Vacant industrial property, zoned I-L (Future site of recently approved Bish’s RV Sales) C. History of Previous Actions:  In 2001, the property received a conditional use permit/planned unit development approval (CUP- 01-009), under the name of Treasure Valley Technical Center, which allowed for daycare, office, retail and industrial uses. As part of that approval a conceptual site plan was approved and any future daycare, office and retail uses require conditional use permit approval.  In 2007, a preliminary plat and final plat (PP-07-013 and FP-07-036) was approved for the 26 +/- acre portion of the site to the north and west of Western Electronics that consisted of 11 building lots and 2 common lots.  In 2008, the property received comprehensive map amendment and rezone (CPA-08-005 and RZ- 08-003) approval to change the land use from industrial to commercial and rezone the property from the I-L zone to the C-G zone. With the rezone of the property, the City required a development agreement (DA) that recorded as instrument #108119853. The recorded DA requires compliance with a specific concept plan and building elevations. EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 3  In 2014, the property received approval to modify the development agreement #108119853 (MDA- 14-003) to develop the property as a mixed use development consisting of office, multi-family and retail uses. The subject DA recorded as Instrument #114034780. VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved in 2014 (Instrument #114034780). The approved concept plan depicts a mixed-use development consisting of three (3) retail buildings ranging in size between 7,000 square feet and 11,250 square feet adjacent to Overland Road, 180-unit multi-family development and a single office pad site adjacent to Interstate I-84. A conditional use permit for the multi-family portion of the site has been granted and is currently developing with a 190 unit apartment complex. The applicant now desires to amend the approved concept plan in order to develop a nursing care facility. The new concept plan depicts a 48,000 square foot nursing care facility, two (2) 7,000 square foot retail buildings, 190 unit apartment complex and future office pad site. The proposed concept plan also illustrates access to the development, site layout, parking and site circulation. It is important to note the property to the west has been approved to develop with a vehicle sales facility (Bish’s RV). The recorded plat approved an access to W. Overland Road and annotates cross access to said property. The submitted concept plan was revised to allow the interconnectivity. Staff has concerns with recreational vehicles using the shared access. With the approval of the Bish’s RV Sales Facility, the applicant was approved an access to Overland Road, farther to the west. Staff encourages the applicant to coordinate with the adjacent property owner to clearly delineate that the shared driveway is to be used as a vehicle sales entrance only and the western most driveway is to be used as a service entrance to minimize conflicts between the two uses. In conjunction with the concept plan, the applicant has also submitted architectural elevations for the assisted living facility. The submitted elevations incorporate the following building materials: stone wainscot, a mix of wood siding, variations in the wall planes and rooflines and decorative corbels. In general staff is supportive of the submitted elevations however; final design is subject to the design standards set forth in UDC 11-3A-19 and the Architectural Standards Manual. With a recent update to the Unified Development Code (UDC), nursing care facilities are now allowed through the approval of a conditional use permit; it was a prohibited use with the previous development agreement modification. NOTE: A separate CUP application has been processed and is scheduled to be heard by the Planning and Zoning Commission at their August 4th hearing. DA Modification: In general, staff is supportive of the concept plan, building square footages and design concepts proposed with the subject application. To move forward with development of the site as proposed by the applicant, staff recommends the following DA modifications (NOTE: The recorded development agreement for this property recorded with the incorrect DA provisions. To correct the discrepancy, Staff has included the new DA provisions, modified provisions and the original DA provisions that were required to be included in the amended DA: 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.3 and A.5 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 4 2. Other than the one (1) previously approved access to Overland Road (PP-07-013), direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall provide cross access to the property to the west (Parcel #S1213336006) through the retail portion of the development as depicted on the Kennedy Commercial Center Subdivision Final Plat (FP-07-036). 4. Any future multi-family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27. 5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. 6. A 25’ wide landscape buffer between uses shall be constructed along the western boundary of this property adjacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel #S1213336006) to construct a land use buffer. 7. Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-29. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan 4. Approved Elevations 5. Proposed Elevations 6. Proposed Change to the Development Agreement EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 5 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 6 Exhibit A.2: Approved Concept Plan EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 7 Exhibit A.3: Proposed Concept Plan EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 8 Exhibit A.4: Approved Building Elevations EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 9 Exhibit A.5: Proposed Building Elevations EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 10 Exhibit A.6: Proposed Changes to the Development Agreement (The changes below represent the modified changes to the amended development agreement. DA provisions 5.1.2, 5.1.3 and the addition of 5.1.6 represent the changes City Council approved with the MDA Findings for file # MDA-14-003. These DA provisions were never incorporated into the recorded DA. Staff is correcting the error with the subject application.) 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.3 and A.5 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 5.1.2 Other than the one (1) previously approved access to Overland Road (PP-07-013), direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 5.1.3 The applicant shall provide cross access to the property to the west (Parcel #S1213336006) through the retail portion of the development as depicted on the Kennedy Commercial Center Subdivision Final Plat (FP-07-036). A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 5.1.6 A 25’ wide landscape buffer between uses shall be constructed along the western boundary of this property adjacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel #S1213336006) to construct a land use buffer. 5.1.7 Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-29. Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5G PROJECT NUMBER: H-2016-0001 ITEM TITLE: Brundage Estates Findings of Fact, Conclusions of Law for Brundage Estates (H-2016-0001) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot on 136.63 Acres of Land in the R-4 Zoning District for Brundage Estates Subdivision, by L.C. Development, Inc. Case No(s). H-2016-0001 For the City Council Hearing Date of: June 7, 21, 28 and July 19, 2016 (Findings on July 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 19, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 19, 2016, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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 govermnental 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0001 - 1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 19, 2016, 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 preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 19, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Cleric 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 19, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0001 - 2 - By action of the City Council at its regular meeting held on the 2 (� day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED l COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED t COUNCIL MEMBER GENESIS MILAM VOTED ZT MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd Attest: QO5L AUGvsr, 0 �m V o 2 "' city of Jaycee Ho n _ tomo City Clerk SEAL Copy served upon Applicant, Community Development Department, Public Worlcs Department and City Attorney. By: �N6& A Q _ 7M) Dated: J7, , City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0001 - 3 - EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 1 STAFF REPORT Hearing Date: July 19, 2016 (Continued from: June 7, 21, and 28, 2016) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Brundage Estates – PP (H-2016-0001) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, L.C Development, Inc., has submitted an application for a preliminary plat (PP) consisting of 366 building lots, 20 common lots and 1 other lot on 136.63 acres of land in the R-4 zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application in accord with the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on March 17 and May 5, 2016. At the public hearing on May 5th, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Staff’s requirement for pathways to be provided within blocks that exceed the maximum length standard to comply with UDC 11-6C-3F. d. Commission Change(s) to Staff Recommendation: i. Modification to condition #6.3 to remove the requirement for a public park to be provided with the development; City Council shall determine whether the park is to be City owned or private. ii. The Commission supported staff’s recommendation on the requirement of pathways to be provided within blocks that exceed the maximum block length standard. e. Outstanding Issue(s) for City Council: i. The applicant requests a “step” down in density for the portion of the site designated on the FLUM as medium density residential to allow a density of 2.68 dwelling units/acre consistent with the low density residential designation. ii. The applicant requests Council waive the requirement for pathways to be provided to break up the length of Blocks 1, 11, 16 and 17 (see condition #1.1.2c). EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 2 The Meridian City Council heard these items on June 7, 21 and 28, and July 19, 2016. At the public hearing on July 19th, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: Chris Dixon iv. Written testimony: Russ & Cara Fulcher; Chris Dixon; Becky McKay, Applicant’s Representative v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Caleb Hood; Mike Barton; Bruce Chatterton b. Key issue(s) of Public Testimony: i. The Fulcher’s are opposed to the development as proposed due to what they feel is too high of density. They’re also concerned about the location of the Harris/Linder intersection/entrance due to the topography of the land not providing enough visibility to northbound traffic as the proposed location sits atop a natural rise – they would like to intersection to be shifted to the north and signalized with slow down warnings posted on Linder Road. They would also like to have an increased building setback for homes that back up to Linder Road and/or limit the building height to single-story in that area. ii. Ms. Dixon requested a public stub street be provided to her property at the southern boundary of the site (as shown on the revised plat presented at the hearing). c. Key Issues of Discussion by Council: i. Proposed block faces that exceed the maximum length allowed by UDC 11-6C-3F; ii. Topography of the land and visibility pertaining to the Harris/Linder Road intersection/access based on Mr. Fulcher’s letter of testimony. iii. Whether the park proposed within the development will be public or private. d. Key Council Changes to Staff/Commission Recommendation i. Council voted to approve the plat layout proposed by the applicant with ten (10) blocks that exceed the maximum block face requirement listed in UDC 11-6C-3F as shown in Exhibit A.2. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0001, as presented in the staff report for the hearing date of June 21, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0001, as presented during the hearing on June 21, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located east of S. Linder Road midway between W. Victory and W. Amity Roads, in Section 25, Township 3 North, Range 1 West. (Parcel No.: S1225233910; S1225325650; S1225314813) EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 3 B. Owner: Allen Lee and Dianne Centers P.O. Box 518 Meridian, ID 83680 C. Applicant: L.C. Development, Inc. P.O. Box 518 Meridian, ID 83680 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 29 and March 14, 2016 (Commission); May 16 and 30, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: February 24, 2016 (Commission); May 12, 2016 (City Council) D. Applicant posted notice on site(s) on: March 5, 2016 (Commission); June 6, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently a single-family home on this property surrounded by agricultural land and an uninhabited farm house and accessory building, zoned R- 4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential (Edgehill & Kentucky Ridge Estates), zoned R-4 2. East: Single-family residential (Biltmore Estates & Graycliffe Estates), zoned R-4 & R-8 3. South: Rural residential/agricultural, zoned R-4 and RUT in Ada County 4. West: S. Linder Road, rural residential/agricultural, zoned RUT in Ada County C. History of Previous Actions: In 2014, this property was annexed and zoned (AZ-13-014) R-4 with the Victory South annexation (Ordinance #14-1594). A development agreement is required to be executed for this property as a provision of annexation prior to development of this site. D. Utilities: 1. Location of sewer: Sanitary sewer service to the subject property does not currently exist. A 15-inch diameter mainline will need to be extended from W. American Fork Drive (W. Kodiak Drive) south 2200 feet to the master plan manhole north of W. Eggers Place. From this point South to a point approximately 250-feet south of Victory Road the line will need to EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 4 be 12-inch in diameter, and then it drops to 10-inch diameter. A 10 inch sanitary sewer main will need to be extended into the development from Linder Road. The developers of Southridge Estates and Fall Creek subdivisions are required to extend the trunk along their Linder Road frontage to the Ridenbaugh Canal. From there, the developer of Edgehill subdivision will extend the necessary public utilities in S. Linder Road to the northern boundary of this site. 2. Location of water: Domestic Water service to the subject property does not currently exist, and is dependent on the establishment of Pressure Zone #5. This new Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. The Public Works Department will be completing a FY 2016 Capital Improvement Project to construct a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This developer will be responsible to plan for two connections to Zone #5, the first will be from a connection to the mainline extension from Harris Road, and the other by either; a connection at Amity Road or Linder Road, or completion of Well 32 and connection to well. 3. Issues or concerns: The development of this subdivision is dependent on the extension of existing sanitary sewer mains, and water services being available from the city’s Pressure Zone 5. E. Physical Features: 1. Canals/Ditches Irrigation: The Calkins Lateral runs along the southwest boundary and the Sundall Lateral runs along a portion of the northeast boundary of the site; another smaller ditch runs through the site. 2. Hazards: The Williams Pipeline crosses this site and may present a hazard; the applicant should consult the Developer’s Handbook when developing this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The Comprehensive Plan Future Land Use Map (FLUM) designates the northern 64+/- acres of this property as LDR (low density residential) and the southern 73+/- acres as MDR (medium density residential). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The proposed overall density of this development is 2.68 dwelling units (d.u.) per acre; with a net density of 3.5 d.u./acre which is consistent with the LDR designation but a little low for the MDR designated area. Council approval of a “step” down in density from MDR to LDR is required for approval of the proposed density on the southern portion of the site. Transportation: The Master Street Map depicts a north/south and east/west collector street on this property. In accord with the MSM, the proposed plat depicts the extension of W. Harris Street to the west to Linder Road and the extension of S. Oakbriar Way to the south, which will eventually connect to W. Amity Road. Another collector street (W. Smokey Lake Drive) is also proposed from S. Linder Road. Staff finds the following goals and objectives of the Comprehensive Plan to be applicable to development of this site: EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 5  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed low density residential development will contribute to the variety of housing options located within the City. Staff is unaware how “affordable” the housing will be.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required along S. Linder Road, an arterial street; and W. Harris Street, S. Oakbriar Way, and W. Smokey Lake Drive, all collector streets, per UDC Table 11- 2A-5 in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11- 3A-7.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed low-density residential development should be compatible with existing and approved rural, low and medium density residential and agricultural uses.  “Require common area in all subdivisions.” (3.07.02F) The minimum of 10% (or 13.66 acres) qualified open space is required to be provided within the development per UDC 11-3G-3A. The proposed plat depicts a total of 20.48 acres (or 14.99%) of qualified open space to be provided on the site in accord with UDC 11-3G-3B.  “Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle.” (6.01.02C) The City’s Master Pathways Plan depicts a multi-use pathway through this site within the William’s Pipeline easement and also at the southwest corner of the site along the north side of the Calkins Lateral. The proposed plat depicts a pathway along the pipeline easement but not along the lateral; staff recommends a pathway also be provided along the lateral in accord with the Pathways Plan. These pathways will contribute to providing pathway connections to surrounding jurisdictions.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts stub streets to the north to Edgehill Subdivision, to the east to Biltmore Estates and Graycliff Estates subdivisions, and to the south to rural residential/agricultural property to the south for future extension and interconnectivity.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A segment of the City’s multi-use pathway system is proposed through this site within the Williams Pipeline easement; there are no micropath connections stubbed to this site and none are proposed to adjacent properties, only sidewalks along the stub streets. To promote neighborhood connectivity, staff recommends a pedestrian pathway is added to the south.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are not currently available, however they will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 6 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Single-family dwellings are listed as a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-5 for the R-4 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: This property was part of the Victory South annexation that was processed as a “Category B” annexation. One of the provisions of the Declaration of Consent to Annexation is that the property may not develop (or receive development approval) until such time as the property owners and the City execute a Development Agreement (DA). Therefore, in compliance with this provision, staff recommends a DA with the provisions contained in Exhibit B of this report. The DA is required to be approved by City Council and recorded prior to submittal of a final plat application. The applicant has applied for a preliminary plat consisting of 366 building lots, 20 common area lots and 1 other lot for a City park on 136.63 acres of land in the R-4 zoning district. The minimum lot size is 8,000 s.f. with the average lot size being 10,127 s.f. As discussed above in Section VII, the proposed density of 2.68 d.u./acre is consistent with the LDR FLUM designation and the goals and objectives of the Comprehensive Plan; however, the density is slightly under that desired in MDR designated areas. The preliminary plat is proposed to develop in 11 phases as shown on the plat in Exhibit A.1. The tot lot on Lot 17, Block 5 is proposed to be constructed in Phase 1; the linear open space and multi-use pathway within the pipeline easement is proposed to be constructed with Phases 7 and 10; and the City Park is proposed to be constructed in Phase 10. Because the Park’s Department does not have improvement of the park in their Capital Improvement Plan, the City prefers it to be constructed in final phases of development. Existing Structure(s): There is an existing home and accessory structures on the site that are proposed to be removed. All structures are required to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Williams Gas Pipeline: A 3,100+/- foot long section of the Williams Pipeline bisects this site. The Williams Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. The proposed plat depicts a 75-foot wide right-of-way/easement for use by the pipeline company. All development shall comply with the Williams Gas Pipeline Developers’ Handbook. An EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 7 encroachment permit is required for any development/improvements within the pipeline easement. Dimensional Standards: All of the lots in the proposed subdivision are required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. Staff has reviewed the proposed lots and found them in compliance with these standards except for Lot 20, Block 12 which doesn’t meet the minimum street frontage of 60-feet; the plat should be revised accordingly. Block Length: The maximum block length standard is 750 feet without an intersecting street or alley; when a pedestrian connection is provided, the maximum block length may extend up to 1,000 feet. The Council may approve a block face up to 1,200 feet in length where block design is constrained by site conditions such as an abutting arterial street or highway, a limited access street, steep slopes in excess of 10%, a large waterway and/or a large irrigation facility, etc. as set forth in UDC 11-6C-3F. The face of Block 1 that lies adjacent to S. Linder Road exceeds the maximum block length at approximately 850 feet; a pedestrian pathway should be provided midway between Linder Road & W. Smokey Lake Drive in order for the block length to exceed 750 feet. The face of Block 16 and the face of Block 17 that fronts on W. Briarcliff Drive also exceed the maximum block length at approximately 950 feet; a pathway should also be included within these blocks. The face of Block 11 exceeds the maximum block length; however, because it abuts a large waterway (Calkins Lateral) and an arterial street (Linder), it’s allowed to extend up to 1,200 feet if approved by Council; if approved by Council, staff also recommends a pathway connection is provided through Block 11 to the multi-use pathway required along the lateral. Access: Access to this development is proposed on the plat from two public street accesses (W. Smokey Lake & Harris) via S. Linder Road. When Harris Street is constructed to the east, access will also be available via S. Meridian Road. The extension of stub streets approved to the north and east are also proposed for interconnectivity between developments. Note: The alignment of proposed streets to existing approved stub streets appears to be off (i.e. Barton Flat, Radford and Harris). Vehicular crossings over the William’s Pipeline are limited. A Traffic Impact Study (TIS) was prepared by Six Mile Engineers and has been submitted to ACHD for their review and comment. The 366 dwelling units proposed with this development will generate approximately 3,484 vehicle trips per day with anticipated build-out in 2024. Comments have not yet been received from ACHD on this application. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Storm drainage seepage beds are depicted within common areas on the preliminary plat. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25-foot wide street buffer is required along S. Linder Road, an arterial street; and a 20-foot wide street buffer is required along W. Harris Street, EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 8 S. Oakbriar Way, and W. Smokey Lake Drive, collector streets, as set forth in UDC Table 11-2A- 5. A 30-foot wide buffer is proposed along Linder and a 20-foot wide buffer is proposed along the collector streets in accord with the aforementioned requirements. Landscaping is required to be provided in accord with the standards listed in UDC 11-3B-7C as proposed. There are several existing trees on the site that are proposed to be removed. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Mitigation calculations for existing healthy trees proposed to be removed should be included on the landscape plan submitted with the final plat application(s). Berms are proposed within the street buffers along S. Linder Road, W. Harris Street, and S. Oakbriar Way. Landscaping is required along all pathways on the site in accord with the standards listed in UDC 11-3B-12C. If landscaping is not allowed within the pipeline easement, the applicant may request alternative compliance as set forth in UDC 11-5B-5. City Park: The applicant proposes to dedicate 8.24 acres of land for a City neighborhood park which will be combined with another 1.77 acres in Graycliff Estates and 1 acre in Biltmore Estates subdivisions to the east for a total of 11+/- acres. A conceptual park master plan was submitted to the Park’s Department for review and comment. The plan included in Exhibit A.4 incorporates Park’s comments. The plan depicts half basketball courts with benches, a shelter, play area (tot lot) and open play areas as amenities along with a parking area and restrooms. Open Space & Site Amenities: Based on the area of the preliminary plat (136.63 acres), a minimum of 10% of the site (or 13.66 acres) is required to consist of qualified open space as defined in UDC 11-3G-3B. The applicant proposes a total of 14.99% (or 20.48 acres) of qualified open space consisting of an 8.24 acre City neighborhood park, 2 pocket parks consisting of 0.8 and 1.3 acres, a linear open space area where the William’s pipeline is located and a multi-use pathway is proposed, ½ the street buffer along S. Linder Road, the street buffers along the collector streets (Harris, Oakbriar and W. Smokey Lake), and the parkways along streets within the development. In accord with UDC 11-3G-3A.2, a minimum of 6 qualified site amenities are required to be provided with this development as set forth in UDC 11-3G-3C as proposed. The applicant proposes to provide a tot lot with a play structure and a park bench, a multi-use pathway through the William’s pipeline easement, micro-paths providing connection to the multi-use pathway and the pocket parks; and a 20’ gazebo in the smaller pocket park. Staff also recommends a multi- use pathway is provided along the north side of the Calkins Lateral in accord with the Pathways Master Plan. The amenities proposed and recommended by staff comply with the minimum requirements. A detail of the play structure and gazebo should be submitted with the final plat application for the phase in which it is located. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along S. Linder Road, an arterial street; and W. Harris Street, S. Oakbriar Way, and W. Smokey Lake Drive, collector streets. The street sections shown on the preliminary plat depict 5-foot wide detached sidewalks throughout the development. Parkways: Six-foot wide parkways are proposed along local streets within the development; and 8-foot wide parkways are proposed along collector streets where detached sidewalks are proposed. The UDC (11-3A-17) requires root barriers to be constructed with 6-foot wide EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 9 parkways. An alternative would be to provide 8-foot wide parkways, which allows the planting of Class II trees without root barriers. The landscape plan submitted with the final plat should either depict root barriers or 8-foot wide parkways in accord with the standards listed in UDC 11-3A-17E. Pathways: A 10-foot wide regional multi-use pathway is required within the William’s pipeline easement and along the north side of the Calkins Lateral per the Pathways Master Plan. A pathway is proposed as required within the pipeline easement but not along the Calkins Lateral; the plans should be revised to also include the pathway along the lateral. Internal micropath connections are proposed to the linear open space area where the pipeline is located; however, no pathway connections are proposed to future developments (there are no existing pathway stubs to this site from adjacent existing/approved developments). To enhance pedestrian connectivity between developments, staff recommends a micropath is provided to the south boundary of the site through Block 18 from the sidewalk along W. Wilton Woods Drive in the vicinity of Lot 20. Staff also recommends pathways are provided as required above under the block length section. Four-foot tall bollard lighting, or other appropriate lighting source, is required along all pathways through common areas that are not visible from a public street as set forth in UDC 11-3A-8H, unless waived by the Director. The landscape plan should be revised to include lighting along pathways in accord with this requirement. Waterways: The UDC (11-3A-6A) requires all irrigation ditches, laterals, canals and drains intersecting, crossing or lying within the area being developed to be piped or otherwise covered. The Calkins Lateral runs along the southwest corner of this site and the Sundall Lateral runs along the northeast corner of the site; another smaller irrigation ditch also crosses the site. The applicant requests approval of a waiver from Council to allow the Calkins lateral and the portion of the Sundall Lateral that lies north of W. Buroak Drive to remain open and not be piped as set forth in UDC 11-3A-3A.6A due to the large capacity of the facilities; the applicant states it would take a 36 inch or larger reinforced concrete pipe to pipe the facilities. The applicant would like to utilize portions of the facilities as a water amenity. As such, the UDC (11-1A-1) requires the banks of waterways improved as part of the development in all places to be no steeper than one foot (1’) vertical per every four feet (4’) horizontal and have a depth and velocity in all places adjacent to and located on said development to have a maximum depth (feet) multiplied by the peak velocity (feet per second) not to exceed four (4). Documentation of compliance with these items is required. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.5. Building materials appear to consist of stucco; and lap, board & batten and shake siding with stone accents. The design standards are proposed to be similar to those of the adjacent Biltmore Estates subdivision. Because the rear and/or sides of homes on lots adjacent to S. Linder Road, an arterial street; and W. Harris Street, S. Oakbriar Way, and W. Smokey Lake Drive, collector streets, will be highly visible, staff recommends the rear and/or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: All fencing installed on the site should comply with the standards listed in UDC 11-3A- 6B and 11-3A7. EXHIBIT A Brundage Estates – PP H-2016-0001 PAGE 10 Six-foot tall solid fencing is proposed along the back edge of the street buffer/berm along S. Linder Road and the collector streets. Four-foot tall solid fencing is proposed along internal common area lots and pathways. Fencing along the north side of the Calkins Lateral is required to comply with the standards listed in UDC 11-3A-6B and shall be 6-foot tall open vision material with the ability to deter access to the ditch. In summary, Staff recommends approval of the proposed preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Maps/Plans 1. Vicinity Map 2. Preliminary Plat & Phasing Plan (dated: 1/6/16) ~ REVISED 3. Landscape Plan (dated: 1/14/15 7/13/16) ~ REVISED 4. Conceptual Park Master Plan 5. Conceptual Building Elevations 6. Composite Drawing of Overall Centers’ Property B. Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A - 2 - Exhibit A.1: Vicinity Map EXHIBIT A - 3 - Exhibit A.2 – Preliminary Plat & Phasing Plan (dated: 1/6/16) ~ REVISED EXHIBIT A - 4 - Exhibit A.3: Landscape Plan (dated: 1/14/15 7/13/16) ~ REVISED EXHIBIT A - 5 - EXHIBIT A - 6 - EXHIBIT A - 7 - EXHIBIT A - 8 - EXHIBIT A - 9 - EXHIBIT A - 10 - EXHIBIT A - 11 - Exhibit A.4: Conceptual Park Master Plan EXHIBIT A - 12 - Exhibit A.5: Conceptual Building Elevations EXHIBIT A - 13 - Exhibit A.6: Composite Drawing of Overall Centers’ Property EXHIBIT A - 14 - Exhibit B: Conditions of Approval 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) was required as a provision of the Declaration of Consent to Annexation of this property. Prior to development of this property, a DA shall be entered into between the City of Meridian, the property owner(s), and the developer. The Applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the City for Council approval and subsequent recordation prior to submittal of the first final plat application. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk’s office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to S. Linder Road, an arterial street, and W. Harris Street, S. Oakbriar Way, and W. Smokey Lake Drive, collector streets, is prohibited in accord with UDC 11-3A-3. b. All development within the 75-foot wide Williams pipeline easement that bisects this site shall comply with the Williams Gas Pipeline Developers’ Handbook. An encroachment permit is required for any development improvements within the pipeline easement. c. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations submitted with this application included in Exhibit A. d. The rear and/or sides of homes on lots that face or back up to S. Linder Road, an arterial street; and S. Oakbriar Way, W. Harris Street, and W. Smokey Lake Drive, collector streets, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. All existing structures on the site are required to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. 1.1.2 The preliminary plat included in Exhibit A.2 dated 1/5/16 shall be revised as follows: a. Increase the street frontage of Lot 20, Block 12 to a minimum of 60 feet in accord with UDC Table 11-2A-5. b. Modify Note #8 in the “Notes” section to include Lot 1, Block 10 as a common/open space lot. c. Provide pedestrian pathways midway within Block 1 between Harris Street & W. Smokey Lake Drive from the sidewalk along Bozeman Trail to the sidewalk along Linder; within Blocks 16 and 17 that front on W. Briarcliff Drive; and within Block 11 to the pathway required along the Calkins Lateral to comply with the block length standards listed in UDC 11-6C-3F. d. Revise Block 11 to comply with the block length standards listed in UDC 11-6C-3F, unless Council approves the proposed block length due to it being constrained by a large waterway (Calkins Lateral) and an arterial street (Linder Road). e. Provide a micropath connection to the south boundary of the site through Block 18 from the sidewalk along W. Wilton Woods Drive in the vicinity of Lot 20. f. Depict root barriers where 6-foot wide parkways are proposed, as set forth in UDC 11-3A- 17E.2; or, provide 8-foot wide parkways. g. Ensure that the alignment of proposed streets to existing approved stub streets is correct (i.e. Barton Flat, Radford and Harris). EXHIBIT A - 15 - 1.1.3 The landscape plan included in Exhibit A.3 dated 1/14/15 shall be revised as follows: a. Incorporate the changes required to the plat listed above in condition #1.1.2. b. Include mitigation calculations for existing healthy trees on the site that are proposed to be removed from the site. Contact Elroy Huff, City Arborist (888-3579) prior to removal of any trees from the site to determine mitigation requirements. c. Landscaping is required adjacent to all pathways in accord with the standards listed in UDC 11-3B-12C. If landscaping is not allowed within the pipeline easement, the applicant may request alternative compliance as set forth in UDC 11-5B-5. d. Depict 4-foot tall bollard lighting, or other appropriate lighting source, along all pathways through common areas that are not visible from a public street as set forth in UDC 11-3A-8H, unless waived by the Director. e. Fencing along the north side of the Calkins Lateral is required to comply with the standards listed in UDC 11-3A-6B and shall be 6-foot tall open vision material with the ability to deter access to the ditch. 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.5 The developer shall provide a minimum 14.9981% (or 20.4823 acres) of qualified open space in accord with the standards listed in UDC 11-3G-3B as proposed. 1.1.6 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide a tot lot with play equipment and a bench, two segments of the City’s multi-use pathway system (along the north side of the Calkins Lateral and within the William’s pipeline easement), micro- paths connections to the multi-use pathways, and a 20’ gazebo (or equivalent amenities as determined by the Planning Director) as proposed in Exhibit A.3. 1.1.7 A detail of the tot lot play structure proposed in the tot lot on Lot 17, Block 5 shall be submitted with the final plat application for the phase in which it is located. 1.1.8 A detail of the 20’ gazebo proposed in the pocket park on Lot 1, Block 15 shall be submitted with the final plat application for the phase in which it is located. 1.1.9 If waterways left open on the site are improved as water amenities, the applicant shall submit documentation verifying compliance with the requirements listed in UDC 11-1A-1, Water Amenity with submittal of the final plat application that contains the amenity. 1.1.10 All ditches, laterals and canals are required to be piped in accord with UDC 11-3A-6A unless waived by City Council. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to S. Linder Road, W. Harris Street and S. Oakbriar Way is prohibited. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. EXHIBIT A - 16 - 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along S. Linder Road, W. Harris Street and S. Oakbriar Way. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. EXHIBIT A - 17 - 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Domestic Water service to the subject property does not currently exist, and is dependent on the establishment of Pressure Zone #5. This new Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. The Public Works Department will be completing a FY 2016 Capital Improvement Project to construct a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This developer will be responsible to plan for two connections to Zone #5, the first will be from a connection to the mainline extension from Harris Road, and the other by either; a connection at Amity Road or Linder Road, or completion of Well 32 and connection to well. 2.1.2 Sanitary sewer service to the subject property does not currently exist. A 15-inch diameter mainline will need to be extended from W. American Fork Drive (W. Kodiak Drive) south 2200 feet to the master plan manhole north of W. Eggers Place. From this point South to a point approximately 250-feet south of Victory Road the line will need to be 12-inch in diameter, and then it drops to 10-inch diameter. 2.1.3 A street light plan will need to be included in the final plat application. The plan will need to include type 1 lighting along Linder Road in addition to type 2 lighting on the subdivisions internal streets. 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 2.2 General Conditions of Approval 2.2.1 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. 2.2.2 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. 2.2.3 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 EXHIBIT A - 18 - 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. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the fina l plat by the City Engineer. 2.2.6 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 tiled 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. 2.2.7 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. 2.2.8 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. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, 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. 2.2.10 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. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. EXHIBIT A - 19 - 2.2.17 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. 2.2.18 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. 2.2.19 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. 2.2.20 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. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. 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. 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 on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 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. 2.2.23 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 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. EXHIBIT A - 20 - c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.7 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.9 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 In accordance with the City of Meridian Pathways Master Plan, a 10' wide multi-use pathway shall be constructed within the gas line easement. Developer shall submit a public pedestrian pathway easement, a minimum of 14' wide covering the required multi-use pathway prior to final plat. EXHIBIT A - 21 - 6.2 In accordance with the City of Meridian Pathways Plan a 10’ multi-use pathway is required along the north side of the Calkins lateral. The developer shall provide a pathway easement to the City prior to final plat of the phase adjacent to the lateral and construct the 10’ multi-use pathway. 6.3 City Council shall decide whether the park is City-owned. If not, park shall be owned and maintained as a park amenity for residents of the development. The preliminary plat depicts 8.24 acres of open space in the center of the development. The City Council and developer may enter into a Parks Agreement in the future. In the event it is determined the open space will remain private, the developer shall provide the UDC required amenities and 10 percent open space consistent with the location delineated on the preliminary plat.” 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Prior to ACHD's signature on the final plat which contains the 291st lot make the Harris Street connection/extension, signalize the Harris Street/SH-69 intersection, and submit an updatedtraffic impact study. The updated traffic impact study shall include a signal warrant analysis for the Harris Street/SH-69 intersection, as well as an analysis of the Victory Road/Linder Road intersection and the Victory Road segment between Linder Road and SH-69. Additional improvements such as capacity improvements at the Linder Road/Victory Road intersection and spot widening along Victory Road may be required based on the findings of the update traffic impact study. 7.1.2 Obtain plan approval and a permit from ITD for installation of the signal at the Harris Street/SH- 69 intersection. 7.1.3 Obtain plan approval and enter into a signal agreement with ACHD. the signal agreement will allocate the proportional share of the signal installation among area property owners and shall include a reimbursement mechanism to allow the applicant to be reimbursed for a portion of the signal costs. 7.1.4 The Harris Street connection can be made at anytime (prior to final platting 291 lots), but Harris Street/SH-69 intersection will need to be signalized when the connection occurs. 7.1.5 Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the site. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.6 Widen the pavement on Linder Road to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. 7.1.7 Construct a 5-foot wide detached concrete sidewalk located a minimum of 41-feet from the centerline of Linder Road abutting the site. Provide a permanent right-of-way easement for the sidewalks located outside of the dedicated right-of-way. 7.1.8 Construct center turn lanes on Linder Road at Smokey Lake Drive and Harris Street. Coordinate EXHIBIT A - 22 - the design and location of the center turn lane with Development Review staff. 7.1.9 Extend Harris Street from its current terminus at the site’s east property line into the site, intersecting Linder Road at the half mile as a 36-foot residential collector roadway with vertical curb, gutter, and an 8-foot wide planter strip and a 5-foot wide detached concrete sidewalk. The right-of-way width may be reduce to 2-feet behind the back of curb. Provide a permanent right-of-way easement for the sidewalks located outside of the dedicated right-of-way. 7.1.10 Construct Oakbriar Way south from Harris Street at the half mile, as a 36-foot residential collector roadway with vertical curb, gutter, and an 8-foot wide planter strip and a 5-foot wide detached concrete sidewalk. The right-of-way width may be reduce to 2-feet behind the back of curb. Provide a permanent right-of-way easement for the sidewalks located outside of the dedicated right-of-way. 7.1.11 Construct all other internal local streets as 33-foot street sections with rolled curb, gutter, a 8-foot wide planter strip, and a 5-foot wide detached concrete sidewalks. Extend the dedicated right-of- way 2-feet behind the back of the sidewalk or 2-feet behind the back of curb and provide a permanent right-of-way for the detached sidewalk located outside of the dedicated right-of-way. 7.1.12 Construct 2 knuckles, as proposed. 7.1.13 Construct one cul-de-sac turnaround with a minimum turning radius of 45-feet at the terminus of Smokey Lake Ct. 7.1.14 Construct Harris Street to intersect Linder Road at the half mile, as proposed. 7.1.15 Construct Smokey Lake Drive to intersect Linder Road, located 1,220-feet north of Harris Street, as proposed. 7.1.16 Construct Oakbriar Way to intersect Harris Street at the half mile, as proposed. 7.1.17 Construct the following local streets to intersect Harris Street, as proposed: • La Rumba Avenue, located 440-feet east of Linder Road. • Leewood Way, located 270-feet east of La Rumba Avenue. • Woody Hills Drive, located 300-feet east of Leewood Way. • Contada Ranch Drive, located 510-feet east of Leewood Way. • Barton Flat Way, located 550-feet east of Contada Ranch Drive. • Radford Way, located 300-feet east of Contada Ranch Drive. 7.1.18 Construct Wilton Woods Drive to intersect Oakbriar Way, located 850-feet south of Harris Street, as proposed. 7.1.19 Construct one stub street to the south located 1,080-feet east of Linder Road. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.1.20 Construct Oakbriar Way a stub street to the south located at the half mile. Install a sign at the terminus of the stub street stating that, ,“THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE.” 7.1.21 Submit the bridge plans for the crossing of the Sundall Lateral (Buroak Drive) for review and approval prior to the pre-construction meeting and final plat approval. 7.1.22 Payment of impacts fees are due prior to issuance of a building permit. EXHIBIT A - 23 - 7.1.23 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A - 24 - Exhibit C: Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. 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, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are not available at this time. When available, services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. 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. d. There is public financial capability of supporting services for the proposed development; Based on comments provided from public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. 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. Meridian City Council Meeting DATE: July 26, 2016 ITEM TITLE: Fall Creek ITEM NUMBER: 5H PROJECT NUMBER: H-2016-0009 Amended Development Agreement for Fall Creek (MDA -H-2016-0009) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 6.1.1 Future development of Fall Creek Meadows Subdivision shall be consistent with the preliminary plat, landscape plan (including the common open space; amenities and pedestrian connections, including the school on the east boundary) and building elevations attached in Exhibit of the Findings of Fact and Conclusions of Law, attached hereto as Exhibit `B ". 6.1.2 All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit A.4 of the Findings of Fact and Conclusions of Law, attached hereto as Exhibit "B ". The rear or sides of structures on lots that back up to S. Linder Road (Lots 7-11, Block 1) as well as to W. Kodiak Drive (Lots 2-6, Block 1; Lots 2-10, Block 3; and Lots 26-33, Block 5) will be highly visible; these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 6.1.3 The Owner/Developer shall construct the remainingportion of W. Kodiak Drive prior to submitting a final plat for the Fall Creek Meadows Subdivision to increase vehicular and pedestrian accessibility to the new school. 3. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 4. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 5. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or ADDENDUM TO DEVELOPMENT AGREEMENT -Fall Creek Meadows Subdivision - H 2016-0009 Page 2 of 4 Exhibit A _. Legal Description & Exhibit Map for New Property to be Annexed Legal Description Joint School District No. 2 Stoddard Property Parcel t A parcel located in the E Y2 of the NW'/. of Section 24, 'township 3 North, Range t West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap marking the northeast corner of the NW I of said Section 24, from which a brass cap monument marking the southeast corner of said NWi/. bears 8 0081'2.8" W a distance of 2634.99 feet; Thence S 0°51'28" W along the easterly boundary of said NW t a distance of 1317.51 feet to a 618 inch diameter iron pin marking the northeast corner of the SE 1/6 of the NW X of said Section 24; Thence N 89"1729" W along the northerly boundary of said SE f of the NW % a distance of 765.09 feet to a 5/8 inch diameter iron pin POINT OF BEGINNiNG; Thence leaving the northerly boundary S 45°51'28" W a distance of 94.19 feet to a 518 inch diameter iron pin; Thence S 00'61'28"W a distance of 793.26 feet to a 578 inch diameter iron pin; Thence S 17911'32" W a distance of 222.56 feet to a 518 Inch diameter iron pin; Thence S 49000123" W a distance of 103.63 feet to a 518 inch diameter iron pin; Thence a distance of 148.62 feet along the arc of a 970.00 foot radius non -tangent curve right, said curve having a central angle of 8148`43" and a long chord bearing N 35"01'27 W a distance of 148.47 feet to a 5/8 Inch diameter Iron; Thence N 30°38'06" W a distance of 510.19 feet to a 618 inch diameter iron pin on westerly boundary of the E % of the NW %: Thence N 00°48'26" E along the said westerly boundary a distance of 818.88 feet to a said point being witnessed by a $18 inch diameter iron pin which bears S 8795619" E a distance of 3.00 feet from said point; Thence leaving said westerly boundary S 87°56'19" E a distance of 464.74 feet to a 518 inch diameter iron pin; Thence S 22038'47" E a distance of 241.93 feet to a 5/8 inch diameter iron pin to the POINT OF BEGINNING. LAAio This parcel contains 13.17 acres and is subject to any easements lQ�pt lb frrr �� existing or in use. a a 61Land Vincent Blommer, PLS Solutions, PC C `` 7- zS=�`(,�° � iY July 25, 2014 OF �O<t stoadnrd Proa Pi=t 1 s13t1i�3'v!&�f"di7i Jobb Mo. 13.80 (ter--"�Unoliwty4� unvf Carl 'wMy Fall Creek Meadows Subdivision H-2016-0044. Exhibit A W. OYMAND RD.T N 1/413 24 I E 464.74' I S 22'38'47" E 241,93' r NE CORNER F CURVE TABLE CURVE LENGTH RADIUS DELTA MD SRO CHORD 01 166.62 970.00 6'46'43' N 35'01'02° W 148.41 SchE V-300' CITY OF MERIDIAN ANNEXATION PARCEL 1, ROS 9666 PORTION OF PROPOSED FALL CREEK NIF—ADOWS $LJ8W/1$10N UNG -0 -ATE 01/15/16 mi. ria. 1501310 SHEET 1 OF 1 LOCATED IN THE E 1/2 Of THE NW 1/4 OF SECTION 24, T.3N., RAW., B.M. L MERIDIAN, ADA COUNtY, IDAHO I 6—A X.C1SL" iikb Fall Creek Meadows Subdivision H-2016-004.4 4 Exhibit A - Legal Description & Exhibit Map for New Property to be Annexed Legal Description Joint School District No. 2 Stoddard Property Parcel t A parcel located in the E Yi of the NW'/. of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at a Brass Cap marking the northeast corner of the NW % of said Section 24, from which a brass cap monument marking the southeast corner of said NWIX bears S 0651'2.8" W a distance of 2634.99 feet; Thence S 0'5-1'2&'W along the easterly boundary of said NW'/ a distance of 1317.51 feet to a 518 inch diameter Iron pin marking the northeast corner of the SE Y, of the NW l of said Section 24, Thence N 89'1 T29" W along the northerly boundary of said SE % of the NW % a distance of 765.09 feet to a 518 inch diameter iron pin POINT OF BEGINNING: Thence leaving the northerly boundary S 45051'28" W a distance of 94.19 feet to a 518 inch diameter iron pin; Thence S 00`5128° W a distance of 793.26 feet to a 518 inch diameter iron pin; Thence S 17°11'32" W a distance of 222.56 feet to a 518 Inch diameter iron pin; Thence 8 49000123" W a distance of 103.63 feet to a 518 inch diameter iron pin; Thence a distance of 148.62 feet along the arc of a 970.00 foot radius non -tangent curve right, said curve having a central angle of 8048'43" and a long chord bearing N 35401'27'W a distance of 148.47 feet to a 518 inch diameter iron; Thence N 30°38'06" W a distance of 510.19 feet to a 518 inch diameter iron pin on westerly boundary of the E'/ of the NW'l; Thence N 00°46'2.6" E along the said westerly boundary a distance of 818.88 feet to a said point being witnessed by a 518 inch diameter iron pin which bears S 87"5619" E a distance of 3.00 feet from said point; Thence leaving said vresterly boundary S 87°56'19" E a distance of 464-74 feet to a 51$ Inch diameter iron pin; Thence S 22038'47" E a distance of 241.93 feet to a 518 inch diameter iron pin to the POINT OF BEGINNING, L r nn�Q This parcel contains 13.17 acres and is subject to any easements in lQ�y s �� jr/. G�R existing or use, o , J`1V c 1 256 Vincent Blommer, PLS0. Land Solutions, PC N July 25, 2014NT stoadnrd Property Parcel I (�"l�ouiawrj4�unu Go"�.yng Job No. 13.80 Fall Creek Meadows Subdivision H-2016-0044 Exhibit A .._..-....—.,_..._.----,",^._.�.�.�,�,_.�,�._.� W..ow�u,N m.. N 1j4 '13 • 24 I E 464,74' ! I (f i� S 2238'47" E 20.9,T NE CORNER CURVE TABLE CURVE LENGTH RADNS DELTA CHORD BRC CHORD C1 148.62 970.00 8'46'43' N 35'0I'Q2' W 148.47 /4 SME 1'-300' CITY OF MERIDIAN ANNEXATION UW.D.hTE Ot/15/16 PARCEL 1, RCS 9666 PORTION OF PROPOSED FALL GREEK IdEAADOWS SUBWA$10N EFINEERIAN; SOLUTIONS FRo1. No. 150810 SHEET 1 OF 1 LOCATED IN THE E 1/2 OF THE NW 1/4 OF 1029 N. ROSAM ST., STE, 100 SECTION 24, T,3N., R.W., B.M. MERIDIAN, ADA COUNTY, IDAHO MERIDIMI, IDAHO 83692 Pho, (208) 936-a?EO %x (708) qz-o?41 IJ�06-A�k.CtSL" thb Fall Creek Meadows Subdivision H-2016-004.4 Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 51 PROJECT NUMBER: H-2016-0071 ITEM TITLE: Heritage Grove No. 4 Final Order for Heritage Grove No. 4 (H-2016-0071) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF THIRTY ONE (31) SINGLE FAMILY RESIDENTIAL LOTS AND SIX (6) COMMON LOTS ON 5.22 ACRES OF LAND IN THE R-15 ZONING DISTRICT FOR HERITAGE GROVE NO. 4. BY: GREEN VILLAGE DEVELOPMENT, INC APPLICANT HEARING DATE: JULY 19, 2016 CASE NO. H-2016-0071 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 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 HERITAGE GROVE NO. 4, LOCATED IN SE 1/4 OF SECTION 31, TOWNSHIP 4N, RANGE 1E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: JUNE 2, 2016, GLENN K. BENNET, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE GROVE NO.4 (H-2016-0071) Page 1 of 3 City Council from the Planning and Development Services divisions of the Community Development Department dated July 19, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Tucker Johnson, Green Village Development, 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 HERITAGE GROVE NO.4 (H-2016-0071) 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 r� day of - , 2016. B U{� Y• Tammy de Weerd Mayor, City of Meridian Attest: , O�QpRATEpgt Cyte, ID Jaycee o,Jman City Clerk �, S �D AN41 S 1. rhO TREASVRF•1 Copy served upon the Applicant, Ping and Development Services Divisions of the Community Development Department and City Attorney. BY t V--�► �-2i��AtftJ Dated: —7—c)7 ' I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERITAGE GROVE NO.4 (H-2016-0071) Page 3 of 3 EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: C.Jay Coles, Assistant City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0071 – Heritage Grove No. 4 I. APPLICATION SUMMARY The applicant has applied for final plat (FP) approval for thirty one (31) single-family residential building lots and six (6) common lots on approximately 5.36 acres of land in the R-15 zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the Heritage Grove Subdivision No. 4 final plat subject to the conditions noted in Sections VI and VII below and Findings in Exhibit E. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0071 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0071, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0071 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: (Parcel # S0531449454) The site is located on west of N. Locust Grove Road and north of E. Ustick Road in the SE ¼ of Section 31, Township 4N, Range 1E. B. Owner(s): Leon & Larue Johnson Family Trust 2453 E Wainwright Drive Meridian, Idaho 83646 C. Applicant: Green Village Development 372 S. Eagle Road, Suite #328 Eagle, Idaho 83616 EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 2 V. STAFF ANALYSIS The proposed final plat depicts thirty one (31) single-family residential building lots and six (6) common lots on 5.22 acres of land in the R-15 zoning district. This is the fourth and final phase of development proposed for the Heritage Grove Subdivision. The average lot size proposed for the development is 4,653 square feet. The gross density for this phase of development is 5.94 dwelling units per acre with a net density of 9.36 dwelling units per acre. The proposed open space for this phase consists of 8-foot wide parkways along a majority of the internal local streets (except for the north side of E. Prairiefire Street) and a micropath lot (Lot 12, Block 9). The common open space complies with the overall open space approved with the Heritage Grove development. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-14-001). Because the number of building lots shown on the final plat is the same as the approved preliminary plat and the amount of qualified open space number is consistent with the approved landscape plan, staff deems the final plat to be in substantial compliance as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved annexation (AZ-14-003); preliminary plat (PP-14-001); planned unit development (PUD-14-001), final plats (FP-14-031, FP-15-015 and FP-15-030), alternative compliance (ALT-15-006) and recorded development agreement (DA #114041277). 2. The applicant shall obtain the City Engineer’s signature on the final plat by May 2, 2018 or within two (2) years of the City Engineer’s signature on the previous final plat. 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 Civil Survey Consultants, Inc., stamped on June 2, 2016, by Glenn K. Bennett, shall be revised as follows: a. Notes #11 and #13: Insert recording instrument number. b. Note #14: Include that this Lot is a common lot and will be owned and maintained by the Heritage Grove HOA. 5. The landscape plan prepared by The Land Group Inc., dated June 7, 2016, shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths to distinguish the common areas from the private areas. Where the buildable lots abut internal common lots fencing shall meet the standards of UDC 11-3A-7A7. Lot 10, Block 11 shall be fenced in accord with standards of UDC 11-3A-7A7. b. All common open space and site amenities shall be maintained by a homeowner's association as set forth in UDC 11-3G-3F1. c. The 8-foot wide parkways adjacent to the local streets may be installed at the time of lot development as set forth in UDC 11-6C-3H. The parkways shall be planted in accord with UDC 11-3A-17E and UDC 11-3B-7C. d. Lot 12, Block 9 shall be landscaped in accord with UDC 11-3B-12. EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 3 6. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for the subdivision. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. 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, Kimberly Cutler, at 887-1620 for more information. 10. Future homes constructed in this subdivision shall substantially comply with the sample elevations and design features included in the development agreement recorded as Instrument No. 114021277. 11. A Street Light Plan will be required with the submittal of the civil construction plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 12. Provide valves on the water mains, in all directions at intersection of N Heritage View Ave and E Prairiefire Street. 13. Connect the water main in N Heritage View Ave to the existing water to north in Quenzer Commons Subdivision No. 6. This connection is along pressure zone boundary and must remain closed after construction. VII. GENERAL REQUIREMENTS 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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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 EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 4 with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 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 11-1-4(b). 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. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. 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. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 5 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, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 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 Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP-14-001) C. Proposed Final Plat (stamped/dated: 6/2/2016) D. Proposed Landscape Plan (dated: 6/7/2016) EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 7 Exhibit B – Approved Preliminary Plat (PP-14-001) EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 8 Exhibit C – Proposed Final Plat (stamped/dated: 6/2/16) EXHIBIT A Heritage Grove Subdivision No. 4 H-2016-0071 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 6/7/16) C.Jay Coles From: Tucker Johnson <tj@skylineid.com> Sent: Thursday, July 14, 2016 2:54 PM To: C.Jay Coles Cc: Machelle Hill; Charlene Way; Jaycee Holman Subject: Heritage Grove No. 4 - agree with staff report H-2016-0071 C.Jay, We are in agreement with the staff report for Heritage Grove No. 4 and request that this item be placed on the consent agenda. Thank you TuckerJohnson Green Village Development, Pres. Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5J PROJECT NUMBER: 2016-0073 ITEM TITLE: Whiteacre Subdivision No. 1 1 Final Order for Whiteacre Subdivision No. 1 (2016-0073) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY (20) SINGLE FAMILY RESIDENTIAL BUILDING LOTS AND FIVE (5) COMMON LOTS ON APPROXIMATELY 5.55 ACRES IN THE R-8 ZONING DISTRICT FOR WHITEACRE NO. 1 SUBDIVISION. BY: WHITEACRE DEVELOPMENT CORP. APPLICANT HEARING DATE: JULY 19, 2016 CASE NO. H-2016-0073 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 2016 for final plat approval pursuant to Unified Development Code (UDC) I 1-6B-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 WHITEACRE SUBDIVISION NO. 1, LOCATED IN NW/40F SECTION 36, TOWNSHIP 4N, RANGE IW, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 05/27/16, GREGORY G. CARTER, PLS, SHEET 1 OF 3," is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITEACRE NO. 1 (H-2016-0073) Page 1 of 3 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 July 19, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITEACRE NO. 1 (H-2016-0073) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 12016. Attest: Jaycee Rol City Clerk By9,1 Tammy de Weerd Mayor, City of Meridian 6 D AUG�SI �s n itv of L' IDAHO SEAL day of °f the TREPS " Copy served upon the Applicant, ammng and Development Services Divisions of the Community Development Department and City Attorney. By:_��Jl � �-C� Dated: —7—A 7-- flee ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITEACRE NO. 1 (H-2016-0073) Page 3 of 3 EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Whiteacre Subdivision – FP (H-2016-0073) I. APPLICATION SUMMARY The applicant, Whiteacre Development Corp, has applied for final plat (FP) approval of 20 single- family residential building lots and 5 common lots on 5.55 acres of land in an R-8 (medium-density residential) zoning district, for Whiteacre Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Whiteracre Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0073 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0073, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0073 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the west side of N. Meridian Road, between W. Ashton Drive and W. Lava Falls Drive, in the NW ¼ of Section 36, Township 4N., Range 1W. B. Applicant/Owner: Whiteacre Development Corp 701 Allen Street STE 104 Meridian, ID 83642 C. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 2 Meridian, ID 83642 V. STAFF ANALYSIS The proposed final plat depicts 20 single-family residential building lots and 5 common lots on 5.55 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 3.57 dwelling units (d.u.) per acre with a net density of 5.49 d.u. per acre. All of the lots are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. The proposed common open space for the first phase consists of the Meridian Road street buffer, and a portion of the “park” which consists of roughly 31,600 square feet. The remaining portion of the park, pathways, amenities and the Meridian Road street frontage improvements, not included with this phase must be installed prior to the first day of school of the 2017-2018 school year per the recorded development agreement. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the approved preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (H- 2016-0019, and recorded development agreement instrument #2016-051942). 2. The applicant has until June 7, 2018, to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. The applicant shall comply with the approved home elevations. Future homes adjacent to N. Meridian Road (Lots 2-7, Block 1) shall incorporate a mix of materials, windows and decorative trim, and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial street. 4. Prior to signature on the final plat the applicant shall record, a perpetual ingress/egress easement for the common driveway with the Ada County Recorder, this shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 5. The final plat prepared by prepared by Idaho Survey Group, dated 05/27/16, prepared by Gregory G. Carter, shall be revised as follows: a. State that this development is subject to a development agreement and include the applicable instrument number and include as note # 9. b. Note #1 references Lot 17, Block 1, however, there is no such common lot associated with this plat. Remove this reference. c. The applicant shall enter into a license agreement with ACHD for the landscape improvements within the public right-of-way. Provide two (2) full size copies of the plat with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. 6. The submitted landscape plan prepared by South Landscape Architecture, dated 06/15/16shall be revised as follows: EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 3 a. Lot 16, Block 1 shall be landscaped in accord with UDC 11-3B12(C). b. The fencing proposed along the north boundary of Lot 16, Block 1 shall meet the requirements as set forth in UDC 11-3A-7 figure 1. Provide two (2) full size copies of the plat with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. 6. The existing structures shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 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. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 10. The applicant shall construct homes within the proposed development consistent with the elevations approved with the recorded development agreement. 11. A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 12. Applicant has been approved for two (2) building permits prior to having the plat recorded. Prior to applying for these two permits, the applicant shall ensure that; street signs (at least temporary signs) are to be in place, sanitary sewer and water system shall be approved and activated, and that a compacted road base is in place. The intent is to make sure that emergency services can have access to buildings under construction, as well as having live fire hydrants for the protection of structures. VII. GENERAL REQUIREMENTS 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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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. EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 4 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 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 11-1-4(b). 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. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. 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. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. 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 EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 5 Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 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 Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 02/10/16) C. Proposed Final Plat (dated: 05/27/16) D. Proposed Landscape Plan (dated: 06/15/16) EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 02/10/16) EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 8 Exhibit C – Proposed Final Plat (dated: 05/27/16) EXHIBIT A Whiteacre Subdivision– FP (H-2016-0073) PAGE 9 Exhibit D – Proposed Landscape Plan (dated: 06/15/16) Meridian City Council Meeting DATE: Julv 26, 2016 ITEM NUMBER: 5K PROJECT NUMBER: H-2016-0079 ITEM TITLE: Kenners Subdivision Final Order for Kenners Subdivision (H-2016-0079) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF EIGHT (8) SINGLE FAMILY RESIDENTIAL BUILDING LOTS AND ONE (1) COMMON LOT ON APPROXIMATELY 1.28 ACRES IN THE R-8 ZONING DISTRICT FOR KENNERS SUBDIVISION. BY: TEALEY'S LAND SURVEYING APPLICANT HEARING DATE: JULY 19, 2016 CASE NO. H-2016-0079 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 19, 2016 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 KENNERS SUBDIVISION, LOCATED IN SW 1/a OF SECTION 5, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 06/17/16, PATRICK A. TEALEY, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KENNERS SUBDIVISION (H-2016-0079) Page 1 of 3 Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated July 19, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Pat Tealey, a true and correct copy of which is attached hereto marked "Exhibit 13" 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 KENNERS SUBDIVISION (H-2016-0079) 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 day of < , 2016. BY' ammy de Weerd Mayor, City of Meridian Attest: CTEO AU,;,, Jaycee nos City Clerk "T v E IDIAN IDANp SEAL JP; Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: AAc�ewf�+l,ize Dated: 7 4,55, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KENNERS SUBDIVISION (H-2016-0079) Page 3 of 3 EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 1 STAFF REPORT MEETING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Kenners Subdivision – FP (H-2016-0079) I. APPLICATION SUMMARY The applicant, Tealey’s Land Surveying, has applied for final plat (FP) approval of 8 single-family residential building lots and 1 common lot on 1.28 acres of land in an R-8 (medium-density residential) zoning district, for Kenners Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Kenners Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0079 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0079, as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0079 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2050 N. Dixie Lane, east of N. Locust Grove Road on the north of E. Fairview Ave., in the SW ¼ of Section 5, Township 3N., Range 1E. B. Applicant/Representative: Pat Tealey, Tealey’s Land Surveying 12594 W. Explorer, Ste. 150 Boise, ID 83713 C. Owner: Kouba Homes, LLC EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 2 5637 N. Claret Cup Way Meridian, Idaho 83646 V. STAFF ANALYSIS The proposed final plat depicts 8 single-family residential building lots and 1 common lot on 1.28 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 6.25 dwelling units (d.u.) per acre with a net density of 8.10 d.u. per acre. All of the lots proposed in this phase are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the approved preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (H- 2016-0018). 2. The applicant has until May 17, 2018, to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Future homes constructed within the subdivision must comply with the submitted elevations approved with the preliminary plat. 5. Prior to signature on the final plat, the applicant shall provide written documentation from the Wingate Place No. 2 HOA for the construction and maintenance of multi-use pathway in Lot 1, Block 6 of Wingate Place No. 2. 6. Prior to signature on the final plat, the applicant shall provide proof that any right to access N. Dixie Lane has been relinquished. 7. The existing structure shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 8. The final plat prepared by prepared by Tealey’s Land Surveying, dated 06/17/16, prepared by Patrick A. Tealey, is approved as shown. 9. The applicant is required to install a five foot wide landscape buffer on the north side of Lot 7, Block 1. The landscaping shall meet the requirements of UDC 11-3G-3. shown. 6. The existing structure shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 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. All fencing installed on the site must comply with the standards listed in UDC 11-3A-6 and 11- 3A-7. EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 3 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 10. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 11. Prior to signature on the final plat, the applicant shall provide an exhibit depicting the setbacks, building envelope and orientation of lots and structures for those lots taking access from the common driveways (Lots 3-6, Block 1) in accord with UDC 11-6C-3D7. 12. A street light plan will need to be included in the final plat application. The plan will need to include the installation of a type 2 street light at the corner of E Oakcrest Drive and N Dixie Ave. 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 13. An existing temporary sanitary sewer and water main easement in favor of the City of Meridian currently exists across Lots 1 and 2, Block 1. The easement was created with the Wingate Place Subdivision No. 2 final plat. Existing sewer and water mains currently traverse through these easements, however with the development of Kenners Subdivision; theses mains will be relocated into the new public right-of-ways of E. Oakcrest Drive and N. Dixie Avenue, thereby rendering the easement alignment obsolete. To address the relinquishment of this easement, applicant shall create plat note that acknowledges the easement with reference to the recorded final plat of Wingate Place Subdivision No. 2, and then work with the City Attorney’s Office to process a Relinquishment document that would be executed by the City, and then recorded into Ada County Records. The recording instrument number would then be made part of the note described above. VII. GENERAL REQUIREMENTS 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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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 EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 4 with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. 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. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5(c) -1. 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 11-1-4(b). 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. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. 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. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 5 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, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that ma y be required by the Environmental Protection Agency. 21. 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. 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 Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28(c)-1.). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 06/01/15) C. Proposed Final Plat (dated: 2/11/16) EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 06/01/15) EXHIBIT A Kenners Subdivision– FP (H-2016-0079) PAGE 8 Exhibit C – Proposed Final Plat (dated: 06/17/16) 1 Joshua Beach From:Pat Tealey <ptealey@tealeys.com> Sent:Thursday, July 14, 2016 10:33 AM To:Joshua Beach Subject:RE: Kenners Sub. Final Plat Josh I have read the attached Final Plat requirements and presented them to the owner. We have no comment and agree with the requirements as noted in the Staff Report. Patrick A. Tealey PLS #4347 Tealey’s Land Surveying 12594 W. Explorer Dr. #150 Boise, ID 83713 (208)385-0636 ph (208) 385-0696 fx From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Thursday, July 14, 2016 8:27 AM To: Pat Tealey < ptealey@tealeys.com >; Barbara Shiffer < bshiffer@meridiancity.org >; Charlene Way <cway@meridiancity.org >; Jacy Jones < jjones@meridiancity.org >; Machelle Hill < mhill@meridiancity.org >; Andrea Pogue < apogue@meridiancity.org >; Bill Nary < bnary@meridiancity.org >; Emily Kane < ekane@meridiancity.org >; Michelle Albertson < malbertson@meridiancity.org >; Ted Baird < tbaird@meridiancity.org > Subject: Kenners Sub. Final Plat Pat - Please submit a written response to the staff report to the City Clerk’s office (jholman@meridiancity.org , mhill@meridiancity.org , jjones@meridiancity.org ) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Josh Beach Associate Planner 2 Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208)489-0576 Fax: (208)888-6854 jbeach@meridiancity.org Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5L PROJECT NUMBER: H-2016-0084 ITEM TITLE: Normandy Subdivision No. 2 Final Plat for Normandy Subdivision No. 2 (H-2016-0084) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 5M PROJECT NUMBER: H-2016-0085 ITEM TITLE: Normandy Subdivision No 3 Final Plat for Normandy Subdivision No 3 (H-2016-0085) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Valley Regional Transit Valley Regional Transit (VRT) Lifestyle Service MEETING NOTES V/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Access to Independence -Meridian Lifestyle Service Access to Independence Partners -Boise State University -Boise At Home -Senior centers -Transportation providers -Treasure Valley Transit -Older adults and persons with disabilities -Idaho Commission on Aging -National Federation of the Blind Design Criteria Access to “Quality of Life” services Integration into the community Convenient, reliable, and familiar Lifestyle Transportation Service Community oriented Small service areas Designated vehicle and driver Free transportation to any location within service area If this service was made available in your community, how often would you use it? Never Once a week Twice a week 2-3 times a week 3-5 times a week more than 5 0% 35% 38% 21% 6% 0% n= 73 Top Destinations 12% 11% 8% 8% 7% 6% 6% 6% 5% 5% 0% 2% 4% 6% 8% 10% 12% 14% Top 10 Destinations n=202 destinations Top Destinations Percentage Village 12% Winco 11% Fred Meyer- Locust Grove 8% St Lukes Eagle 8% Library 7% Walmart 10 Mile 6% Walmart Fariview 6% Walmart Overland 6% Meridian Senior Center 5% Albertsons Meridian 5% -Transfers between the two zones -“Social Trips” organized grocery trips Service Model Monday- Saturday 9am-3pm I need a ride Implementation Program Launch October 2016 Implementation Costs Item/Activity Costs Vehicle 1 *20% of new vehicle $13,000 Vehicle 2 *20% of new vehicle $13,000 Marketing and Administrative Support $28,500 Provider/Driver Training $4,000 Start Up Costs (Computer, phones, workstation) $1,500 Financials 2017 2018 2019 Total Fed Local Total Fed Local Total Fed Local Meridian N Lifestyle $97,797 $78,238 $19,559 $96,242 $48,121 $48,121 $98,648 $49,324 $49,324 Meridian S Lifestyle $97,797 $78,238 $19,559 $96,242 $48,121 $48,121 $98,648 $49,324 $49,324 $39,118 $96,242 $98,648 The graphic below represents the flow of funds to support a Lifestyle Serivice for operations. Federal Funds: 5310/5307 Local Funds: Local Government Local Businesses Community Organizations State Agencies (AAA) Valley Regional Transit receives full cost of operations *Valley Regional Transit reimburses service provider for labor, fuel and associated service costs Valley Regional Transit retains remainder of costs to support ongoing operations Schedule -Meridian Transportation Commission- July 18 -Harvest Church Orientation- July 19 -Vehicle Procurement Initiated- July 25 -Meridian City Council- July 26 -VRT Executive Board- August 1 -Vehicle Vendor Awarded- August 30 -Initiate Driver Training September 19 -Vehicles Arrive October 11 -Pilot Year Launch October 24 Co m m u n i t y O u t r e a c h / P r o g r a m P r o m o t i o n Current Meridian Service 0 50 100 150 200 250 300 350 November December January February March April May June Number of Rides Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Cooperative Agreement Addendum No. 1 to FYI Cooperative Agreement Between Valley Regional Transit and the City of Meridian for Lifestyle Service MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADDENDUM NO. 1 TO COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR LIFESTYLE SERVICE STARTUP COSTS FOR OLDER ADULTS AND PERSONS WITH DISABILITIES THIS ADDENDUM TO THE FY 2016 COOPERATIVE AGREEMENT ("Addendum") is entered into this -day of July, 2016 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS A. On the 4th day of November, 2015, VRT and Member entered into the FY 2016 Cooperative Agreement for financial support to VRT B. Pursuant to Section 4(c) of the FY 2016 Cooperative Agreement, VRT and Member agreed to cooperatively develop plans for the additional service within the City of Meridian. The parties agreed to memorialize the details of the additional service and the exact amount to be paid by member through the execution of an addendum to the Cooperative Agreement in an amount not to exceed $60,000.00. C. By this First Addendum, both VRT and Member desire to amend the 2016 Cooperative Agreement to memorialize Member's commitment to fund additional services. NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Addendum and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Cooperative Agreement shall be modified in the following particulars: Section 4(c) of the Cooperative Agreement (Payment) shall be repealed and replaced as follows: For Lifestyle Service to be provided within the City of Meridian, VRT has developed a business plan, attached hereto as Exhibit A. The amount to be paid by Member to VRT for Lifestyle Service start-up costs shall be $60,000.00 for the Items listed in Exhibit B, attached hereto and incorporated herein by this reference. Upon the execution of this Addendum, VRT will provide an invoice to Member for the amount agreed upon herein. Page 1 of 18 ALL OTHER TERMS OF THE COOPERATIVE AGREEMENT SHALL REMAIN THE SAME. Each party hereto represents and warrants that each person executing this 2016 FIRST ADDENDUM on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. EXECUTED and effective as of the date first above written. Valley Regional Transit: Kelli Fairless Executive Director City of Meri ian: a Page 2 of 18 EXHIBIT A Lifestyle Service Business Plan Page 3 of 4 EXHIBIT B Meridian Lifestyle Service Valley Regional Transit will partner with a local community organization to pilot a Lifestyle Transportation service for Meridian residents. This new service is designed to address the daily transportation needs of seniors and persons with disabilities by providing a reliable, direct, and easy to- use service. The service will designate two service areas, dividing the Meridian community into a southern and northern service area. Each service area will designate an accessible vehicle and driver(s) to provide transportation free of charge to any location within the service area boundaries. Service hours will run operate from 9am-3pm, Monday-Saturday and will be directly operated by the partnering community organization acting as a service provider. The service will also partner with the Cherry Lane Library to allow riders to transfer between the two service areas if needed. Additionally, the service will connect riders to the fixed route system, allowing riders access to downtown Boise. However, the main focus of the service will be to provide connectivity and easy access within Meridian. The service is targeted to begin operations in October 2016. Valley Regional Transit will work throughout the summer of 2016 to train the new service provider and implemented a robust marketing strategy to promote the service. Additionally, Valley Regional Transit will purchase two new accessible vehicles to be dedicated to the Meridian Lifestyle Service. Provided below are the projected startup costs needed to prepare the program to be fully operational in October 2016. Item/Activity Costs Vehicle 1 *20% of new vehicle $13,000 Vehicle 2 *20% of new vehicle $13,000 Marketing and Administrative Support $28,500 Provider/Driver Training $4,000 Start Up Costs (Computer, phones, workstation) $1,500 Total $60,000 Page 4 of 4 Contents Background................................................................................... Purpose..................................................................................... Problem/Need.............................................................................. Solution........................................................................................ Service Area Characteristics..................................................... Service Providers...................................................................... Ride Request Process............................................................... Rideline Staff Duties................................................................. Customers Outreach................................................................ Marketing Size and Conditions..................................................... Finances........................................................................................ Expenses................................................................................... Revenue.................................................................................... Challenges.................................................................................... Implementation Criteria............................................................... [Type text] ( )i goride ..........................................................28 .........................................................28 .........................................................34 .........................................................35 .........................................................48 .........................................................5g .........................................................68 ........................................................ 849 ........................................................9-� ........................................................9-� .....................................................103 .....................................................103 ......................................................114 ......................................................12- 5 ......................................................13- b Access to Independence Lifestyle Service- Business Plan Background Valley Regional Transit (VRT) is the regional public transportation authority (RPTA) for Ada and Canyon counties. VRT was formed by citizen vote in 1998 per the provisions in Idaho Code Title 40, Chapter 21, and the enabling statute for RPTA's. The enabling statutes states that an RPTA maintains exclusive jurisdiction over all publicly funded public transportation services within the established boundary (IC 40-2109). It also outlines the authorities of an RPTA which includes the responsibility to provide efficient and effective public transportation, to coordinate regional services and encourage the provision of services through the private sector (IC 40-2104). VRT adopted an update to the strategic plan in 2015 reiterating the organization's mission "to develop and manage transportation resources and to coordinate the effective and efficient delivery of safe transportation options to the region's citizens." Purpose The purpose of this document is to outline the service characteristics associated with a new mobility option for seniors and persons with disabilities, Access to Independence Lifestyle Service (Lifestyle Service). The new service is designed to address the daily transportation needs of this population sector by providing reliable, direct, and easy to -use service within each community. The service will designate an accessible vehicle and driver(s) to a specific service area. The Lifestyle service will provide service to any location within the service area boundaries for a designated number of hours per week (35-40 hrs/week). The Lifestyle Service will be implemented through a phased approach, originating with the communities with the greatest need for transportation services. These services will work in coordination with the existing Community Link mobility option for seniors and persons with disabilities in the early years of operation, but will ultimately replace or redefine the majority of Community Link partnerships as they currently exist. These same coordinating partners may continue to provide transportation services under an adopted framework of the Lifestyle Service. The development of the Lifestyle Service will act to: • Increase coverage of high quality, consistent transportation services throughout the Treasure Valley; • Coordinate efforts of local champions in the community to reduce duplication of services; • Free up capacity on existing services to take on additional riders; • Enable existing services to satisfy the demand for long distance trips (beyond service area boundaries); • Standardize operations for Rideline staff incorporating a dedicated vehicle that will not leave the service area, a standardized reimbursement rate for service operations, and software applications t to facilitate scheduling activities; • Improve access to "quality of life services" for residents, therefore, creating an increased independence for Treasure Valley Residents. [Type text] 0 goride Problem/Need A major barrier to independence for seniors and persons with disabilities is the lack of transportation options to access daily activities in their community. VRT currently offers transportation service to help address some of these needs through an Acquisition of Service program, CommunityLink. VRT has traditionally experienced challenges with the CommunityLink service, as many of the service providers are unable to provide consistent service to the community beyond their constituents. Additionally, each service provider requires a different reimbursement rate for the trips provided, and have been inconsistent in invoice methodology/submittal, thus, causing a number of accounting challenges. Each of these programs receives 5310 Federal Funding to support up to 80% of the cost to deliver a ride. The remaining 20% of funding comes from and state agencies or in-kind support. These resources are made available to each service provider to support rides for certain characteristics (i.e., veteran, senior, Meridian resident). The various resources and rider characteristics present challenges in maximizing program efficiency as certain rider sponsorships limit the ability to use an available service in a given community. The demand for these lifestyle services has seen a sharp increase in recent months, placing a strain on VRT staff and vehicles. This growing demand is quickly exhausting the supply of vehicles and personnel. The demand significantly impacts VRT capabilities to meet the needs of this population and concurrently diversify mobility programs beyond seniors and persons with disabilities. A more efficient and coordinated effort is needed to establish dedicated services specific to certain geographies t to disperse this demand to a more appropriate and localized scale. Establishing these geographic service areas will provide more consistency in resource allocation and enable VRT to efficiently schedule more riders onto fewer vehicles. The use of technology to assist with scheduling and monitoring services will facilitate the level of coordination required to adequately service this population. Furthermore, the designation of service areas will create a simplified and easy - to -use delivery model for riders, service providers and transit administrators. The fundamental element to the delivery of the Lifestyle Service involves identifying local community organizations to provide services. Local organizations with extra capacity and resources will be identified to help lower program costs and, more importantly, promote community engagement. Identifying locally recognized service providers was identified as a major "service criteria" by customer groups participating in the service. Solution The demand for transportation services by senior and persons with disabilities will substantiate the implementation of approximately nine service areas in the Large Urban area, four service areas in the Small Urban area, and eight service areas in the surrounding rural area by 2021. This business plan will focus on the urban areas. A special rural plan will be developed once urban several urban services are fully implemented. Service area designations are based on the amount of existing transportation options and the projected demand from the target population. These designations are based on the assumption that one service area should be able to accommodate 20-25 one way trips per service day. Service area boundaries will [Type text] 0 goride need to be carefully defined to ensure maximum efficiency to satisfy these performance goals. Each service area will be equipped with one accessible vehicle from the VRT vehicle share program. However, vehicles assigned to each service area are designed to not leave the area for trip origination; unless there is a need for maintenance as a part of a scheduled rotation. This criteria will significantly reduce the burden on VRT staff to consistently shuttle vehicles across the region for various partners. For riders and transportation providers, this designated accessible vehicle will ensure that reliable transportation is available to satisfy rider needs. Service Area Characteristics Each service area will differ slightly based on existing services, demographics and general makeup of each community. However, the target size for a service area will be roughly 10-15 sq miles. These service area parameters should be expansive enough for an appropriate and diverse number of services and amenities; however, each community will need to be carefully examined to ensure that density, geography and amenities are taken into account. An in-depth analysis conducted by VRT of each targeted community will reveal the individualized specific characteristics for planning purposes. Provided below is an example of a potential service area in Southern Boise. This example is meant to show solely the extent of a service area (10-15 sq miles). Figure 1 Potential Service Area in South Boise The geographic scale of this service areas is supported by a recent study from Boise State University which identified the average distance to grocery stores in Ada County as 1.2 miles, and the average [Type text] goride distance to a convenient store/ gas station are 2.5 miles. 'The projected trip characteristics will use the later distance (2.5 miles) as the average one-way trip for Lifestyle service customers. The projected time to accomplish a 2.5 mile trip will be approximately 15 minutes. Particular service hours are not yet defined; however, in order to satisfy the yearly demand for trips, an average of 36-40 hours of service per week is estimated. Recommended service hours will be for 6 hours through the middle of the day and be provided 6 days a week. Community specific outreach efforts will help determine the desired hours of operation of the service. Service Providers The service will be directly provided by organizations located within each service area (e.g. faith -based organizations, human service agencies). These organizations will serve as a Community Hub and will effectively take ownership over the service area and serve as the primary source for information regarding the Lifestyle Service. These organizations will ensure that a community -oriented service is provided, satisfying fundamental service criteria as identified by the target population. Service Providers will need to dedicate personnel to process ride requests, educate the public, and manage drivers. VRT will generate manifests detailing the daily schedule for Service Provider's drivers to follow and will coordinate daily communications with the drivers. Service Providers will work closely with VRT on the overall management of the service; however, the majority of operational activities will be assumed by the Service Provider. Service Providers will be responsible for: • Providing and managing drivers • Managing the facility portal, and entering ride requests that do not come through the Customer Web portal • Printing daily manifests (back up to GoRide Tablet) • Verifying trips and documenting appropriate performance information • Monitoring customer feedback • Store vehicle during non-operating hours • Charge and maintain GoRide Tablet • Daily upkeep of vehicles (cleaning), and • Coordinating with VRT to promote and educate riders of service characteristics and scheduling options. Service Providers will be reimbursed for all costs associated with providing the service. Please see the Cost/Revenue Model section on page 15 for an overview of reimbursement process. The fundamental role of the Service Provider will be to maintain a consistent supply of drivers. Each service area will need to have at least two drivers identified to ensure reliable service. One service area could potentially hire two par- time driving positions to support the needs of the community. If drivers are not available to provide service, the service provider will be responsible for informing the 1 https://theb]uereview.org/food-access-and-food-deserts-in-ada-county-idaho/ [Type text] 0 goride public/riders. VRT will assume the responsibility of training drivers, but will not be responsible to provide drivers. Service Providers will also assume administrative duties and will need to have personnel available to monitoring ride requests and assist riders with navigating the ride request platform. Many of these responsibilities may be spread across multiple staff positions, however; there should be a designated Provider Administrator to work directly with VRT. The Provider Administrator will be responsible for monitoring the program, ensuring driver availability, enforce GoRide passenger/driver policies and serve as a liaison between VRT and riders. The Provider Administrator will be required to meet periodically with VRT to discuss program operations. Provided below is a basic breakdown of the duties for drivers and Provider Administrators of the Service Provider. Position Drivers Provider Administrator Duties • Operate Vehicle During • Process Ride Requests Service Hours • Print out Daily Manifests • Provide High Quality of for Drivers Customer Service • Ensure proper • Conduct Routine documentation of Maintenance Check Ups performance data • Maintain General Upkeep • Ensure consistent supply of Vehicle of drivers • Complete Trip • Provide customer service Verification using GoRide as needed Tablet • Refer inquiries regarding • Participate/Facilitate day -of- service to Rideline GoRide's customer • Coordinate any vehicle satisfaction outreach maintenance needs with • Communicate regularly VRT with Rideline dispatch • Oversee program operations with VRT and customers to ensure high quality reliable service is provided. Ride Request Process Rideline will make considerable efforts to reduce the amount of administrative burden on behalf of the Provider Administrator. These efforts include the generation of manifests based on the ride requests entered by the Provider Administrator. Rideline staff has access to a sophisticated scheduling software system that will enable rides to be seamlessly processed and scheduled. Rideline will use this software to review ride requests and place them on their designated Lifestyle Service van. Additionally, Rideline [Type text] (\ }) goride staff will be responsible for all "day -of' communication regarding manifest changes and rides status updates. Riders can gain access to the Lifestyle Service through two options. 1) Riders call into Community Hub to request rides over the phone. Riders can call into the Community Hub and speak with the Provider Administrator to directly schedule rides. A vetting process will be conducted to ensure rider requests are within the designated service areas. The Community Hub will process ride request and enter them into a web portal. Figure 2 demonstrates customer's ride requests process. 2) Riders sign up to use the customer portal online - Riders will be granted access to an online venue to request rides. Access to the online portal will be provided by riders submitting an application to receive log -in information. Rideline staff will review rider characteristics and grant access to qualified applicants/ trips. Once approved, riders can sign into the online portal to request rides. Provided below is an example of the Portal User Registration. Ride Request Process Flow Marketing initiative informscustomers of service characteristics and scheduling resources (contact info) CUStomel's contact service providers to schedule ride Customer sends email to Rideline requesting access to Customer Portal Rideline reviews customer information and provides Customer Portal access information (if home is within caruira araal [Type text] 0 goride Service provider enters ride request into vreb portal Customer logs onto Customer Portal and enters ride request Rideline stall processes trips and places them on designated Lifestyle Service vehicle. Rideline Staff Duties Several applications will be made to facilitate the scheduling optimization and monitoring process for Rideline staff and VRT. These new applications will require additional training of Rideline staff in some cases. The following list provides an overview of the applications that will assist Rideline staff in processing ride requests and scheduling rides on the Lifestyle service. • Each service area will have a designated zone within the scheduling software. This zone will indicate whether a trip request is eligible for a particular Lifestyle service van, or will need to be placed on another GoRide service. • Optimizing activities will utilize these zones to ensure manifests are generated accurately. Rideline staff will work with the Provider Administer and drivers to ensure optimizing characteristics are appropriately assigned. • Each vehicle will be equipped with a tablet, providing a standardized approach to monitoring service delivery and streamlining the trip verification process. Rideline staff will work with provider administrator to ensure driver accuracy and consistency with tablet use. • Reminder calls will be provided 24 -hours in advance through Rideline. Rideline staff will be responsible to update manifest due to late cancellations, no show and/or late additions. Rideline will work closely with Provider Administrator to handle any scheduling concerns or adaptations. For example, specialized trips to local events or grocery stores may be incorporated into the service areas. Regularly scheduled meetings will be held to ensure effective communication between VRT and the Service Providers. The daily operational tasks undertaken by Rideline Staff are provided below. Rideline Staff receives a ride request through Customer or Facility Portals and reviews for completeness. Daily Activities Rideline staff processes trip request and, using the optimizing function, places riders on designated Lifestyle Service Vehicle. End of the Month Rideline Staff reviews monthly service and generates performance report FV Rideline sends manifests for the following day's service to Service Provider via tablet or email. VRT's Mobility Manager conducts regular status meetings with Service Providers to address concerns or questions VRT staff will also be responsible to address any maintenance needs of Lifestyle Service vehicles, and will ensure there are back up vehicles to maintain service. VRT Mobility Coordinators will consistently monitor all vehicles in the fleet and coordinate with Service Providers regarding vehicle's needs. VRT's Mobility Manager will continue the role of identifying community partners and facilitating the implementation and standard operating procedures with the Service Provider. As opposed to current conditions in which the Mobility Manager attempts to tailor programs to meet the needs of the transportation providers, the Mobility Manager will now be equipped with the structure of a viable program tailored to meet the needs of the community and structured to ensure a successful and consistent delivery of service. This framework will enable the Mobility Manager to engage a diverse range of community organizations to become new partners, as well as, to provide a sound alternative for many CommunityLink providers to adopt a new service model. Customers Outreach Riders will become aware of the system and its specific characteristics through a robust marketing initiative. This marketing initiative will include partnerships with local businesses, human service organizations, community organizations, local government and focused social media incorporation. Fundamental to marketing efforts will be the customer's awareness of the service boundaries and beneficial, applicable characteristics. These areas will need to be clearly defined to ensure customers do not place ride requests that originate or terminate outside of the service area. Additionally, marketing materials will provide information for interested riders to submit a request into Rideline to receive access to a customer portal, enabling them to schedule their own rides online. Each Lifestyle Service area will have its own marketing strategy based on the available resources. However, all marketing initiatives will ensure a clear definition of service area boundaries and rider requirements. Utilizing a coordinated marketing approach, there are also tremendous opportunities to work with local businesses. By generating specialized trips to local stores and events, an opportunity exists for collaborative marketing initiatives. Fundamental to the coordinated marketing strategy will be to highlight and to promote the s service provided by the local Service Provider. Service Providers should be recognized throughout the community for the value to enhanced quality of life they are providing through the delivery of the Lifestyle Service. Marketing Size and Conditions The Treasure Valley's senior population is growing. The following table demonstrates the change in population by age between 2010 and 2040. This table focuses on persons 65 years of age or older. In raw numbers, the estimated number of seniors (age 65+) will grow from 61,444 in 2010 to 231,555 in 2040, which translates to 377% growth and an additional 170,111 new seniors beyond the 2010 level. Looking at the senior growth from 2015 — 2020, the senior population is estimated to grow by 23,116 (almost 30%). Looking at the senior growth from 2015 — 2020, the senior population is estimated to grow by 23,116 (almost 30%). This growth represents a demand for over 53,000 one way trips in the large urban area and over 11,000 trips in the small urban area by year 2020. Year Population 65+ Total Population % of Population 65+ 2010 61,444 581,288 10.6% 2015 78,982 624,998 12.6% 2020 102,098 674,974 15.1 2040 231,555 1,022,000 22.7% The current CommunityLink delivery model will be unable to comprehensively support this level of service throughout the region. The proposed strategy will introduce nine service areas in the Large Urban area and four services areas in the small urban area by the year 2021. These efforts provide an approach to phase out current Community Link operations in favor of the new Lifestyle Service. Full implementation of these service areas will address the demand in the region. Finances Expenses The table below demonstrates the overall expenses associated with the growth of the Lifestyle Service solution over the next five years. The growth of the program will include the transition of current Community Link providers into Lifestyle Service Providers . For example, the large growth in 2018 represents CommunityLink providers: SHIP, Eagle Senior Center and Star Senior Center making the transition into Lifestyle Service Areas. CCOA will go through a similar transition beginning in 2019. In addition to CommunityLink transitions, the Lifestyle program will incorporate new Service Providers. The Revenue Model on page 12 will demonstrate the proposed funding allocation to support the Programs Expenses. Expenses Number of Service Areas 2017 2018 2019 2020 2021 3 8 10 12 13 Operations $229,026 $626,004 $802,068 $986,544 $1,095,475 Preventative Maintenance $29,616 $80,950 $103,718 $127,573 $141,659 Capital $27,900 $76,260 $97,708 $120,181 $133,451 Administration $6,846 $18,712 $23,975 $29,490 $32,746 Total $293,388 $801,927 $1,027,469 $1,263,787 $1,403,330 Operations costs consist of a $15/hour wage for the Service Provider's Program Administrator and drivers. In addition to fuel, these costs are to be directly reimbursed to the Service Provider on a monthly basis. Additional costs to support the ongoing operations of the service including: data plan, marketing, and Rideline wages are to be allocated through VRT internally. The base operational costs for one service area are provided below. 10 Lifestyle Breakdown —1 Area OP Wages $55,800* OP Fuel $4,069* OP Data Plan $198 OP Driver Training $1,200 OP Rideline Scheduler $10,075 OP Marketing $5,000 *Service Provider Reimbursements (see page 12) Preventative Maintenance costs are based the metrics used by VRT's ACCESS paratransit service. These metrics assign $.50/mile to vehicles to ensure a healthy and reliable vehicle fleet. Based on the projected demand and trip characteristics of Lifestyle services, each service will require $9,872 in preventative maintenance. Annual capital costs for each program include a depreciation of $9,300. These funds will go towards the purchase of a new replacement vehicle in 7 years. Administrative costs consist of vehicle insurance ($2,222/year) and minor expenses associated with driver certification. Revenue Each Lifestyle program will be made eligible for either FTA 5310 AOS funding or FTA 5307 funds. Both Federal funding sources will be utilized to help support the service throughout the region. In determining a service area's Federal funding source, several criteria will be examined. This criterion includes: current provider status, most immediate community need, service geography, and overall availability of funding sources. The implementation of the Lifestyle Service concept in the Treasure Valley presents an opportunity to reduce the region's reliance on Federal funds to support mobility initiatives. Regardless of a program's Federal funding source, each service area will strive to achieve equal from local funding sources. Local funding can come from a variety of resources, including local government, local businesses, in-kind contributions and state agencies. Presented below is the proposed funding allocation to address the first five years of the Lifestyle Service. Revenue 2017 2018 2019 2020 2021 5307 LU $156,475 $96,242 $98,648 $153,671 $216,200 5310 LU X $260,629 $248,620 $252,785 $264,706 5310SU $78,238 $128,315 $180,766 $235,763 $220,500 Federal Funding Total $234,710 $485,185 $528,034 $642,219 $701,655 Local Funding Total $58,678 $316,742 $499,435 $621,568 $701,675 *If needed 5307 SU funding can be used to support Lifestyle Services in the Small Urban Area The graphic below represents the flow of funds to support a Lifestyle Serivice for operations. 11 Federal Funds: 5310/5307 Local Funds: Local Government Local Businesses Community Organizations State Agencies (AAA) Valley Regional Transit receives full cost of operations Valley Regional Transit retains remainder of costs to support ongoing operations *Valley Regional Transit reimburses service provider for labor, fuel and associated service costs Challenges There are several potential barriers that may impact the success of the Lifestyle Service on a regional level. These barriers are detailed below, with solutions on how to address them moving forward. 1) Challenge -Rider demand Despite the demographic trends indicating an aging population that is likely to have a need for supportive transportation, there is the possibility that riders will not use public transit. Solution- A robust outreach strategy and careful analysis should be conducted prior to a Service's launch. These activities should provide enough details on the desirability and intended use of a Service. Prior to service launch and throughout the Service's operations, marketing efforts aimed towards generating ridership should be adopted, a marketing micro plan for each community will be developed to ensure effective participation. Consistent communication with riders and the community regarding new opportunities should also be considered. Coordinating "social trips" to grocery stores and key destinations are one alternative to help booster the programs visibility. VRT's Mobility Manager will facilitate these types of non-traditional activities. 2) Challenge- Provider participation Some communities may have difficulty establishing a community hub/service provider. Solution- Extensive outreach is encouraged to ensure all potential organizations have an opportunity to participate in the Service. In a worst case scenario, if there are no providers available within a community, VRT could potential assume the role on a short term basis. The option should only be made available after all other opportunities have been exhausted. For 12 communities without a plan or vision to establish a community hub/ service provider, careful consideration should be made before following through with service delivery. 3) Challenge- Funding Local funding always has the potential to limit service. Solution- Prior to a full adoption of a Lifestyle Service area, dedicated funding sources must be identified. Additionally, throughout the implementation of a Service, new funding sources should consistently be pursued. As provided in the Finances section, each new Service Provider is supported with 80% of program costs provided through Federal funds for the first year. However, after the first year this amount is reduced to 50%, requiring higher contributions from local sources. This reduced reliance on Federal funds is fundamental to the sustainability for a regional public transportation system, to ensure adequate coverage throughout the region. Implementation Criteria In order for a Service to be deemed eligible to begin opertations, the following criteria must be addressed. The Service Provider will be fully equipped with: • At least two fully trained drivers • A Provider Administratior fully trained on Portals software • A workstation to process ride requests • An accessible vehicle equipped with tablet • Copy of rider policies and procedures • Established accounting process to invoice and receive reimbursments • Marketing material • Formal proceess to refer day of service inquiries to Valley Regional Transit Valley Regional Transit will distrubute a Provider Handbook detailing the steps and operating procedures to implement the service. Rideline will be equipped with: • Service area zone installed in Software system • Optimization function specific to each Service area • Working relationship with Service Provider's Provider Administrator and drivers • Processes in place to sign up riders for service Customer base will be equipped with: • Knowledge of Service area boundaries • Knowledge of GoRide Passenger Policies • Step by step guide to access to online portal 13 • Contact information to reach service provider to schedule rides over the phone Once the Lifestyle Service is fully operational, on a monthly basis,Service Providers will receive a monthly reimbursment for service hours of drivers and provider administrators. These reimbursements will be based on a predetermined level of service provided per week, approximately 36-40 hours/ week and fuel ,and minor upkeep submitted through monthly invoices. Additional costs associated with operation service (utilities, phones etc.) may also be discussed and incorporated into monthly reimbursements. <END> 14 (e) regional r o TOPIC: Access to Independence: Meridian Lifestyle Service DATE: July 20, 2016 Summary: Valley Regional Transit will partner with a local community organization (Harvest Church) to pilot a Lifestyle Transportation service for Meridian residents. This new service is designed to address the daily transportation needs of seniors and persons with disabilities by providing a reliable, direct, and easy to - use service. The service will designate two service areas, dividing the Meridian community into a southern and northern service area (see Figure 1). Each service area will assign an accessible vehicle and driver(s) to provide transportation free of charge to any location within the service area boundaries. Service hours will run operate from 9am-3pm, Monday -Saturday and will be directly operated by the partnering community organization acting as a service provider. The service will partner with the Cherry Lane Library to allow riders to transfer between the two service areas if needed. Additionally, the service will connect riders to the fixed route system, providing access to Boise and Canyon County. However, the main focus of the service will be to provide connectivity and easy access within Meridian. The service is targeted to begin operations in October 2016. Financial support for the program's implementation and first year operations will be requested from the City of Meridian. Additional partners will be incorporated to support ongoing costs beyond the pilot year. Valley Regional Transit will provide FTA funds to match local contributions at an 80/20 rate for the first year, and a 50/50 rate for the following years. Provided below is the cost distribution for the first 3 year for the two service areas. If needed, additional service areas may be incorporated to support additional demand. 700 NE 2nd Street, Suite 100 0 Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 & 1.855.345.7433 2017 2018 2019 Total Fed Local Total Fed Local Total Fed Local Meridian N Lifestyle $97,797 $78,238 $19,559 $96,242 $48,121 $48,121 $98,648 $49,324 $49,324 Meridian S Lifestyle $97,797 $78,238 $19,559 $96,242 $48,121 $48,121 $98,648 $49,324 $49,324 700 NE 2nd Street, Suite 100 0 Meridian, ID 83642 • p: 208.846.8547 • f: 208.846.8564 & 1.855.345.7433 In order to ensure the program's success, VRT is requesting $60,000 from the City of Meridian to support a successful launch of the program. Provided below are the proposed expenditures. Item/Activity Costs Vehicle 1 *20% of new vehicle $13,000 Vehicle 2 *20% of new vehicle $13,000 Marketing and Administrative Support $28,500 Provider/Driver Training $4,000 Start Up Costs (Computer, phones, workstation) $1,500 Imperative to the success of the program will be to ensure there is marketing and administrative support to guide the new service provider and educate Meridian residents on the new service. Marketing initiatives will include approximately $6,000 towards add space in local newspapers, $3,000 in collateral design, $2,500 in printing expenses, and the remainder to be put towards outreach initiatives and website development. These efforts will take place throughout the summer and fall of 2016. Valley Regional Transit Planner, Tod Morris, will present the Meridian Lifestyle Service to the Meridian City Council on July 26, 2016. For more information please contact Tod Morris at 208-258-2713, tmorris@vallevregionaltransit.org. COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR ANNUAL ASSESSMENT AND SERVICE CONTRIBUTION 1', THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this day of N pVe—nAbelv' 20 0 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS A. VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. VRT provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon Counties. B. Member is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. D. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. E. There are two primary programs which VRT budgets and funds each year. First, VRT budgets and establishes annual assessments for its regular and special members, with assessments for its regular members calculated pursuant to a population based formula, and assessments for its special members calculated pursuant to a negotiated amount. Second, VRT budgets and establishes service contribution requirements to support the operation of motor bus services within the Nampa Urbanized Area and the Boise Urbanized Area. F. VRT has budgeted $207,243 for Member to contribute for its annual assessment and service contribution; Member has budgeted the same amount for its VRT annual assessment and service contribution. Page 1 of 5 G. Service contributions support the following modes: 1) Nampa Express Service (Routes 40 & 43): Operates between Nampa and Boise making a limited number of designated stops in Caldwell, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 6:25 P.M. The service generally utilizes 24 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 2) Nampa Limited Stop Service (Route 42): Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 8:27 P.M. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 3). Additional Meridian service (to be determined). VRT will bill the City of Meridian up to $60,000 annually after the service is determined and implemented pursuant to the terms of this Agreement. 4). The Community Link transportation network for Older Adults and Persons with Disabilities. Member will provide up to $30,000 annually as local match for this program. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the 1St day of October, 2015, and will terminate on the 30th day of September, 2016, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: a) For Member to pay annual assessment and a service contribution to VRT for Fiscal Year 2016 in the amount of $117,243 in contribution to the costs of VRT and in support of transportation services within the Boise Urbanized Area and the Nampa Urbanized Area. b) For Member to pay monthly invoiced costs in support of the Community Link network for Older Adults and Persons with Disabilities. Total payment by Member will not exceed $30,000 annually. c) For Member to pay for additional service within the City of Meridian. Upon implementation of any additional service, VRT will bill Member for the cost of service. Total cost of such additional service shall not exceed $60,000 annually. Page 2 of 5 d) For VRT to use said annual assessment for costs budgeted under its regional planning and program administration, and to use said service contribution for costs budgeted under its regional operating plan. Section 3. Compliance VRT, in using said assessment and service contributions, shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said dues and operating costs. Section 4. Payment a) Member shall pay its annual assessment and service contribution up to the aforesaid amount of $117,243 within 30 days of invoice to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 700 NE 2nd St Suite 100 Meridian, Idaho 83642 b) For Community Link network trips, VRT will provide monthly invoices to member indicating the number of trips completed during the billing period and Member's portion of the cost of the trips. All trips will be purchased on a per ride basis. The current per ride amount is $15. In the event that there is a planned increase in the per ride amount, VRT shall notify member in writing of the amount of the increase. Documentation of the number of rides being purchased will be included with each invoice. VRT will pay 80% of the cost of the ride and member will pay 20% of the cost of the ride. Member will pay up to $30,000 annually in support of the Community Link network. c) For additional service provided within the City of Meridian, member and VRT will cooperatively develop plans for the additional service. The parties shall memorialize the details of the additional service and the exact amount to be paid by member through the execution of an addendum to this Agreement. Upon the execution of an addendum, VRT will provide an invoice for the additional service upon implementation of said service. Member will pay the agreed upon amount, up to $60,000 annually for additional service. d) Member's address, for the purpose of notice or correspondence, unless VRT is notified in writing by Member of a new address, is as follows: City of Meridian 33 E. Broadway Meridian, Idaho 83642 Section 5. Miscellaneous a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do Page 3 of 5 so by such party's governing body, and is fully vested with the authority to bind such party in all respects. b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between VRT and Member concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. f) This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. Indemnification To the extent permissible by law, VRT shall indemnify, defend, protect and hold harmless Member, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions of VRT, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of Member or it's officers, agents and employees. Member shall give to VRT reasonable notice of any such Claims. VRT shall notify Member of the counsel to be used in carrying out its obligations hereunder. Member must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, Member's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Claims for which Member incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by VRT under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of VRT shall be personally liable to Member under this Agreement, (ii) with respect to third party Claims, both VRT and Member expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of VRT to hold harmless or Page 4 of 5 indemnify Member shall be limited to, and be payable only from, VRT's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: Kelli Fairless Executive Director City of Meridian: Page 5 of 5 Ci t y C o u n c i l M e e t i n g Ju l y 2 6 , 2 0 1 6 It e m # 8 C : G i b s o n A m i t y Vi c i n i t y M a p Co n c e p t P l a n Ex i s t i n g C o n d i t i o n s It e m # 8 D : P o p e ’ s G a r d e n Zo n i n g / A e r i a l M a p Ex i s t i n g Fu t u r e L a n d U s e M a p Pr o p o s e d Fu t u r e L a n d U s e M a p Pr e v i o u s P r e l i m i n a r y P l a t Pr o p o s e d P r e l i m i n a r y P l a t La n d s c a p e P l a n Op e n S p a c e E x h i b i t Fo u r - P l e x E l e v a t i o n Co l o r S c h e m e Ex a m p l e s It e m # 8 E : B a n c r o f t S q u a r e Vi c i n i t y / Z o n i n g M a p 3 5 0 2 3 4 7 2 3 4 4 8 3 4 2 6 34 0 4 3 5 8 6 3638 2 9 6 3 3 02 3 34 5 1 32 3 2 24 3 1 24 4 0 26 8 0 24 7 1 2 9 4 8 2 9 2 6 34 7 2 3 4 5 3 31 7 0 30 1 4 2915 3 5 4 6 2846 2867 2 8 3 8 3 5 1 6 29 1 5 3 5 3 2 27 9 9 3 5 4 7 3 5 7 5 3 5 5 0 3867 3684 3 8 2 0 2691 2 8 4 5 2 8 5 8 2 8 8 0 2684 2622 2579 28 9 9 3 5 9 4 3700 3788 2725 3674 2662 2721 3 4 7 4 3 4 5 8 26 2 3 2760 27 5 0 27 3 4 2 9 9 1 30 3 7 30 4 1 25 2 4 3 0 0 0 30 1 1 2 9 6 4 27 4 7 26 8 5 30 2 0 30 1 2 25 0 2 2 9 1 7 30 3 0 2 9 9 7 2 9 3 5 29 1 8 29 2 2 29 1 7 2 9 9 0 2 9 6 6 30 3 0 3 1 6 6 3 1 3 4 34 5 5 3 1 3 3 34 7 1 2 9 6 3 34 6 6 2 9 4 4 3 4 7 1 3673 3745 3799 2931 3 5 3 3 30 7 6 30 6 8 30 4 0 29 7 8 3619 29 3 7 2874 2830 3 5 6 8 2 8 9 8 3748 28 8 5 2567 3 7 7 2 2658 2618 2644 2695 2706 3 3 8 1 3 3 9 0 3 4 8 3 2786 27 27 4 2 27 3 5 27 0 1 27 1 6 27 4 6 30 4 9 26 3 0 27 2 5 3 0 0 7 3 0 2 5 2 9 1 0 3 0 1 0 2 9 1 5 2 9 3 7 3 1 0 2 30 9 2 28 7 2 2 9 8 9 3 0 0 4 2 9 4 2 3 1 1 4 30 7 5 30 2 6 29 6 0 30 6 0 3870 31 3 0 32 1 0 30 4 0 3792 28 2 5 3516 29 1 0 3 6 1 2 23 0 0 26 7 0 26 3 0 26 2 0 3 5 1 1 3 4 7 3 3 7 3 0 3 5 1 0 2 8 2 2 2897 2889 2667 2649 28 6 6 2560 2596 2607 2734 3 5 4 9 3 5 9 1 3626 3 614 3 3 5 7 3 4 4 0 272225 27 4 3 27 5 5 26 7 8 26 8 3 26 3 3 27 1 0 26 2 6 2 9 60 26 8 6 2 9 9 0 3 0 2 2 26 2 5 2 9 3 0 3 1 6 5 3 0 2 9 2 9 6 5 29 2 3 3 1 6 0 3 1 3 8 3 0 4 4 30 2 0 32 5 0 3885 25 2 0 25 9 0 28 2 0 32 0 1 35 7 5 2 6 6 0 26 5 0 34 6 1 34 5 0 3 5 0 5 3 4 8 9 3845 3850 26 4 0 31 3 2 3655 3763 3781 29 2 1 2902 28 4 8 28 2 7 3 5 8 6 3630 3720 3638 3768 3656 2640 2712 3 5 1 5 2680 3 5 6 7 3 5 7 9 2602 3 4 2 2 3 4 0 4 29 2 9 26 5 2 27 3 3 26 0 8 26 0 5 27 3 2 26 0 9 25 1 5 26 6 1 29 6 1 30 4 4 24 8 4 30 6 6 3 0 3 9 3 0 2 1 29 6 3 2 9 3 6 2 9 1 8 2 9 4 0 3 0 0 5 2 9 4 3 30 2 5 30 6 3 29 5 0 3 0 7 6 27 5 0 3 0 6 4 28 2 0 30 2 5 29 9 0 31 0 0 3 2 5 0 32 5 0 3 L- O L- O RU T RU T R1 R- 8 R- 4 RUT C- C R- 8 R-4 S E a g l e R d E V i c t o r y R d S H o o d R a n c h P l E M a c k a y D r S B a y S t a r W a y E E a s y J e t D r S N e p h r i t e W a y E S h e r g a r C t E M a c k a y D r E R a j a D r E G i r d n e r D r E H o r s e Cr e e k S t E Y e s t e r n i g h t S t E M o o n D i p p e r S t W a y S P i n e F l a t s A v e S G r o o m W a y S T e d d y A v e E L o o n C r e e k S t E Q u i n D r SProudWay S P i n e F l a t s W a y S F l a m e A v e S T i t a n i u m S L e g a l A v e S T eddy Ave Pr o p o s e d Pr e l i m i n a r y P l a t Pr o p o s e d La n d s c a p e P l a n It e m # 8 F : B i n a r y S u b d i v i s i o n Vi c i n i t y M a p Si t e P l a n Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Approval of the Amended Revenues and Expenditures for Fiscal Year 2016 in the Amount of $90,410,071 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Approval of the Tentative Proposed Revenues and Expenditures for Fiscal Year 2017 in the Amount of $119,946,412 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS R,.IDIAN,�E 0r)AHC Interoffice Memo 07/22/2016 To: Mayor & City Council From: CFO, Todd Lavoie Ref: FY2017 Tentative Budget and FY2016 Amended Budget Action Needed: 1. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2017 $119,946,412 One Hundred Nineteen Million Nine Hundred Forty Six Thousand Four Hundred and Twelve Dollars 2. Council to approve the amended revenues and expenditures for Fiscal Year 2016 $90,410,071 Ninety Million Four Hundred Ten Thousand and Seventy -One Dollars Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 8C PROJECT NUMBER: H-2016-0036 ITEM TITLE: Gibson Amity Property Public Hearing for Gibson Amity Property (H-2016-0036) by CLG, Inc. Located 357 E. Amity RoadRequest: Annexation and Zoning of Approximately 5.864 Acres of Land with an I -L Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: $D PROJECT NUMBER: H-2016-0006 ITEM TITLE: Pope's Garden FUNIC Hearing for ope s Garden - - y iron Mountain Real Estate Located at 2662 E Magic View DriveRequest: Amendment to the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 5.28 Acres of Land from Office to Medium High Density Residential 2. Request: Annexation and Zoning of 5.28 Acres of Land from the RUT to the R-15 Zoning District 3. Request: Preliminary Plat Approval consisting of (Nineteen) 19 Building Lots, (Four) 4 Common Lots and (One) 1 Other Lot on 5.28 Acres of Land in the R-15 Zoning District A RAr'il IA -,f- ('nnriifinnril I Icr. Permit Arnrnrnynl fnr n Mi ilfi-Fnmily nL=yAlnnmAnf ('nncidinn MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Pope’s Garden 5.28 Acres 34% Open Space (1.84 Acres) North Landscape Buffer More Than Double 19 Buildings - 76 Units 14.39 Units/Acre Project Changes Previous Site Plan ACHD Commission removed Hickory Way connection Allowed for more open space North landscape buffer doubled in size Project Changes New Site Plan ACHD Commission removed Hickory Way connection Allowed for more open space North landscape buffer doubled in size Open Space & Amenities Required Open Space - 10% Pope’s Garden Open Space - 34% Children’s Play Structure Fitness Center Hardscaped Plaza Sitting Area City of Meridian Comprehensive Plan Y City of Meridian Comprehensive Plan Employment Centers 2 mile radius Alternative Transportation Pope’s Garden is within 3⁄4 mile walking distance of Bus Route 42, and walking and biking distance to regional employers developed in the surrounding area. Being Good Neighbors 2nd story windows in Woodbridge face North onto Greenhill Estate lots. Bank parking along fence Pope’s Garden provides a 40’ to 50’ landscape area for next to Greenhill Estates, much larger than is required by the office L-O zone (20’). We are providing between 40’ and 130’ between the buildings and North property line. Additionally, the only windows facing to the north are small transom windows. Small North facing transom windows Being Good Neighbors Mountain West Bank Parking Buffering our Neighbors Existing trees along the North property line will help buffer the development from Greenhill Estates. We will add a 3’ high berm and a 6’ high solid fence and 40’ to 50’ of landscaping to increase the buffer. Buffering our Neighbors Picture taken from future 4-plex buildings, looking North to the neighbors. 9’ Solid Screening - 6’ fence on top of a 3’ berm 40’ to 50’ landscaped area Recently Approved On April 19, 2016, Meridian City Council approved the Final Plat for an R-40 4 story apartment project (96 Units) adjacent to an R-4 single family neighborhood Other Multifamily Projects & Single Family Residential Traffic Study & Data AM – 25 Trips PM – 29 Daily - 323 AM – 8 Trips PM – 10 Daily - 107 The Meridian Staff Report states: “The proposed MHDR land use would generate fewer trips per unit than typical development within the existing Office land use.” Traffic Study A traffic study was conducted by Thompson Engineers for this project, it estimated that 75% of traffic for Pope’s Garden will travel east to Eagle Road & I-84. Traffic on the Woodbridge Collector road will increase about 6.2%. Traffic Data – ITE (Institute of Transportation Engineers) Comparison between General Office, Medical Office and Multifamily use 74 Unit Apartment Complex – 430 Trips/Day 5 Acre General Office Complex – 496 Trips/Day (115% Increase) 5 Acre Medical/Dental Office Complex – 1626 Trips/Day (378% Increase) Traffic Data – ITE & ACHD Medical/Dental Offices are the most intense weekday traffic use per 1000 SQFT of building space. This is shown in the traffic calculation data and also in the amount ACHD charges for Impact Fees. Typical Office Development – Wyndstone Place Dental Office 8,500 SQFT Dental Office 5,600 SQFT General Office 15,350 SQFT Future Office 5,300 SQFT Office Under Construction 5,300 SQFT Future Office 3,200 SQFT Future Office 6,000 SQFT 4 Acre Office Complex Current Conditions 2 Dental Offices 14,100 SQFT Total 510 Daily Traffic Trips 1 General Office 1 Office under construction 20,650 SQFT Total 228 Daily Traffic Trips Future Conditions 3 Additional Offices 14,500 SQFT Total 160 Daily Traffic Trips 898 Daily Traffic Trips from a 4 acre mixed office development. More than Double a 74 Unit Apartment Development. Medical Office Clients 3 Mile Radius For Office projects on Magic View & Wells St, patients & clients coming from neighborhoods to the north, south and west will likely drive down Locust Grove and through Woodbridge. From Thousand Springs subdivision. Google directions from Chief Joseph Elementary area. From Meridian Greens subdivision Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: $E PROJECT NUMBER: H-2016-0055 ITEM TITLE: Bancroft Square 2750 S Eagle Rd. Schultz Development Request: Rezone of 6.54 Acres of Land from the R-4 to the R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of Thirty -Three (33) Building Lots and Five (5) Common Area Lots on 5. 41 Acres of Land in the Proposed R-8 Zoning District 3. Request: Modification to the Conditional Use Permit/Planned Development (CUP -02- 005) to Change the Approved Use from Office/Multi-Family to Single Family Residential 4. Request: For An Amendment to the Development Agreement (Sutherland Farm, Inst. (102143307) to Updated the Development Plan for this Site MEETING NOTES A "N _0 ROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 8F PROJECT NUMBER: H-2016-0078 ITEM TITLE: Binary Subdivision Public Hearing for Binary Subdivision (H-2016-0078) by Tealeys Land Surveying, Inc. Located 1351 E. Fairview Avenue 1. Request: Short Plat Approval of Two (2) Commercial Lots on Approximately 0.689 Acres in the C -G Zoning District MEETING NOTES ail Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Future Meeting Topics Discussion of Public Hearing on August 9, 2016 for PY2016 Community Development Block Grant (CDBG) Action Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2016 ITEM NUMBER: 9A PROJECT NUMBER: H-2016-0009 ITEM TITLE: Fall Creek Meadows �( P -, (0 I An Ordinance (H-2016-0009 Fall Creek Meadows Subdivision) For Annexation and Rezone of a Parcel Located in the E 1/2 of the NW 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; This Parcel Contains 13.17 AcresMore or Less. Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 (Medium Density Residential) District in the Meridian City Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Exhibit A Legal Description & Exhibit Map for New Property to be Annexed Legal Uescription Joint School District No. 2 Stoddard Property Parcel 1 A parcel located In the E % of the NW Xt of Section 24, Township 3 North, Range 1 West, Eloise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap marking the northeast comer of the PAW l of said Section 24, from which a brass cap monument marking the southeast corner of said NW/ bears S 0"61'28" W a distance of 2634.99 feet; Thence S 0'51'26'W along the easterly boundary of said NW 1 a distance of 1317.51 feet to a 618 inch diameter iron pin marking the northeast corner of the SE % of the NW '/ of said Section 24; Thence N 8917'29" W along the northerly boundary of said SE % of the NW "l a distance. of 765.09 feet to a 518 inch diameter iron pin POINT OF BEGINNING; Thence leaving the northerly boundary S 45°51'28" W a distance of 94.19 feet to a 518 inch diameter iron pin; Thence S 00"5128" W a distance of 793.26 feet to a 518 inch diameter iron pin; Thence S 17"11'32" W a distance or222.56 feetto a 518 inch diameter iron pin; Thence S 49°00'23" W a distance of 103.63 feet to a 518 inch diameter iron pin; Thence a distance of 148.62 feet along the arc of a 970.00 foot radius non -tangent curve right, said curve having a central angle of 8046'43" and a long chord bearing N 3501'27'" W a distance of 148.47 feet to a 518 inch diameter iron; Thence N 30°38'06" W a distance of 510.19 feet to a 518 inch diameter iron pin on westerly boundary of the E % of the NVU'/; Thence N 0004$'26" E along the said westerly boundary a distance of 818.88 feet to a said point being witnessed by a 518 Inch diameteriron pin which bears S 67"56'19 E a distance of 3.00 feet from said point, Thence leaving said vresterly boundary S 87'56'19" E a distance of 464.74 feet to a 518 inch diameter iron pin; Thence S 22°38'47" E a distance of 241.93 feet to a 518 inch diameter iron pin to the POINT OF BEGINNING. ;,L ILAn1a This parcel contains 13.17 acres and is subject to any easements ��� i T1 s �I existing or in use. 0 � 256 Vincent Btommer, PLS Lancs Solutions, PC u, July 25, 2014 �,� of �n1 Tia . J � Stoddard Property ParW 1 f „�,. i:anv:cwry4 aoa�a.s»sng Job No. 13.88 Fall Creek Meadows Subdivision H-2016-0044 1 X OVIERLAND 0. .13 1 5 87'S'"s't9" E 1464.74' i CURVE TABLE CURVE LENM RRDW DELTA MD BRO CHORD C1 148.62 970.00 8.48'43" N 35'01'Q" W 148.47 SCfJ.E 1"300' CITY OF MERIDIAN ANNEXATION PARCEL 1, ROS 9666 PORTION OF PROPOSED FALL GREEK 1AEA ROWS SUBIVASION EfGINEERING SOLUTIONS trMME 01/15/16 PRW. 1,10, 150810 SHEET 1 OF 1 LOCATED IN THE E 1/2 OF THE NW 1/4 4F 1029 N. ROSARLO $I- ST£. too SECTION 24., T -3N., RAW, B.M. MERIMN. WHO 53642 Pham {208) sir-0sm fax (208) g -0*11 1FL D6-PAX-C44L aAb MERIDIAN, ADA COUWY, IDAHO Fall Creek Meadows Subdivision H-2016-0044