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2016-09-06
Meridian City Council Pre-Council Meeting Agenda – September 6, 2016 Page 1 of 1 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. CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, September 6, 2016 at 5:30 PM City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X Anne Little Roberts X Joe Borton O Ty Palmer Arrived @ 5:50pm X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session Per Idaho State Code 74-206 (c): To Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 5:35pm Out of Executive Sessions at 6:03pm Adjourned at 6:03pm Meridian City Council Meeting Agenda Tuesday, September 6, 2016 – Page 1 of 5 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. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 6, 2016 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X____ Genesis Milam __X____ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Michael Pearson with Meridian Seventh Day Adventist Church 4. Adoption of the Agenda Adopted 5. Proclamation for Meridian Art Week 6. Consent Agenda Approved A. Approve Minutes of July 20, 2016 Budget Workshop Meeting B. Approve Minutes of August 16, 2016 City Council Meeting C. Approve Minutes of August 23, 2016 City Council Meeting D. Approve Minutes of August 30, 2016 City Council Budget Workshop Meeting E. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Kortlyn Lowry c/o Deana Lowry F. Approval of Acceptance Agreement for Artist Ethan Freckleton to Exhibit 2D Works in Initial Point Gallery G. Findings of Fact, Conclusions of Law for Approval for Silverstone Apartments (H-2016-0060) by DevCO, LLC Located 4225 E Overland Road CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, September 6, 2016 – Page 2 of 5 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. H. Findings of Fact, Conclusions of Law for Approval for Velvet Point Subdivision (H-2016-0068) by Mussell Construction Located 2795 S. Velvet Falls Way I. Final Order for Approval for TM Crossing Subdivision No. 1 (H -2016-0099) by Brighton Development Located at the Northeast Corner of I-84 and S. Ten Mile Road J. Approval of Task Order 10594.a to J -U-B Engineers for the “Water and Sewer Main Replacement – E State Ave from Meridian Rd to Cathy Ln - DESIGN” project for a Not-To-Exceed amount of $109,260.00 K. Findings of Fact, Conclusions of Law for Approval for Settlers Square Subdivision (H-2016-0074) by Seagle Three, LLC Located 870 W. Ustick Road L. Final Order for Approval for Volterra Heights Subdivision No. 2 (H-2016- 0095) by Cottonwood Development, LLC Located South of W. McMillan Road and West of N. Ten Mile Road M. Amended Development Agreement for Logan Creek Subdivision (H-2015- 0037) with Donald & Marie Morgan, Gladys Allen and Trilogy Development located at 4617 and 4620 S. Martinel Lane, in the southwest 1/4 Section 28, Township 3 North, Range 1 East. (Parcel No.'s R5475470011 and R5475470030) N. Final Plat for Decatur Estates Subdivision No. 2 (H-2016-0101) by 4345 Linder Road, LLC Located 4345 N. Linder Road O. Final Plat for Hill’s Century Farm No. 5 (H-2016-0103) by Brighton Investments, LLC Located on the East Side of S. Eagle Road, approximately ¼ Mile North of E. Lake Hazel Road P. Final Plat for Bainbridge Subdivision No. 4 (H-2016-0094) by Brighton Investments, LLC Located East of N. Black Cat Road, Midway Between W. Chinden Boulevard and W. McMillan Road Q. Final Plat for Vicenza Subdivision No. 3 (H-2016-0096) by Cottonwood Development, LLC Located North of W. McMillan Road; Between N. Black Cat Road and N. Ten Mile Road R. Final Plat for Vicenza Subdivision No. 4 (H-2016-0097) by Cottonwood Development, LLC Located North of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Meridian City Council Meeting Agenda Tuesday, September 6, 2016 – Page 3 of 5 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. 7. Items Moved From the Consent Agenda 8. Community Items/Presentations A. Welcome and Swearing in of New Division Planning Chief and New Meridian Firefighter B. 2016 Community Block Party Sponsor Recognition 9. Department Reports A. Mayor's Office: No. 16-1159: A Resolution Reappointing Jim Escobar to Seat 1 of the Meridian Development Corporation Approved B. Police Department: Third Amendment To Professional Services Agreement With Trauma Intervention Programs, Inc. (TIP) for an amount Not-to-Exceed $10,957.00 Approved 10. 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. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes a s presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Final Plat Continued from August 16, 2016 for Biltmore Estates Subdivision No 3 (H-2016-0086) Located at W. Victory Road and West of South Meridian Road Continued to 9/20/16 1. Request: Final Plat for Thirty One (31) Single Family Residential Building Lots and Six (6) Common Lots on Approximately 11.91 Acres in the R-4 Zoning District by Oakwood Estates LLC. B. Public Hearing for Twelve Oaks (H-2016-0100) by Twelve Oaks, LLC Located 1845 W. Franklin Road Approved 1. Request: Modification to the Development Agreement to Update the Development Plan for the Site Meridian City Council Meeting Agenda Tuesday, September 6, 2016 – Page 4 of 5 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. C. Public Hearing for Roundtree Place Subdivision (H-2016-0081) by Trilogy Development Located at 755 S. Linder Road Approved 1. Request: Annexation and Zoning of 5.78 Acres of Land with an R -8 Zoning District 2. Request: Preliminary Plat Consisting of Twenty-Three (23) Building Lots and Four (4) Common Lots on 4.99 Acres of Land in the R -8 Zoning District 11. Ordinances A. Ordinance No. 16-1702: An Ordinance of the City of Meridian Providing for the Adoption of an Amendment to the Budget and the Appropriati on of Expenditures of ($7,460,149) to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2015 and Ending on September 30, 2016. Approved B. Ordinance No. 16-1703: An Ordinance of the City of Meridian Providing for the Adoption of a Budget and the Appropriation of $119,231,649 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2016 and Ending on September 30, 2017. Approved C. Ordinance No. 16-1704: An Ordinance (Gibson Amity H-2016-0036) of the City of Meridian Granting Annexation and Zoning for a Parcel of Land being “Parcel-B” of Record of Survey No. 9941, Instrument No. 2014-088010 as recorded, Ada County Records, Situated in a Portion of the Northeast ¼ of the Northwest ¼ and a Portion of Government Lot 1, Section 31, Township 3 North, Range 1 East, Boise, Ada County, Idaho; and Annexing Certain Lands and Territory, Situated in Ada County, Idaho containing approximately 5.86 acres of land; and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Classification of said Lands from RUT to I-L (Light Industrial) District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. Approved 12. Future Meeting Topics Meridian City Council Meeting Agenda Tuesday, September 6, 2016 – Page 5 of 5 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. 13. Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure, Idaho Code; 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation and 74-206A(1)(a) a governing body or its designated representatives may hold an executive session for the specific purpose of: (a) Considering a labor contract offer or to formulate a counteroffer Into Executive Session at 7:06pm Out of Executive Session at 8:09pm Adjourn at 8:09pm Meridian City Council September 6, 2016 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, September 6, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Ty Palmer, Luke Cavener and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Bruce Chatterton, Sonya Allen, Josh Beach, Clint Dolsby, Tracy Basterrechea, Perry Palmer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Thank you all for joining us. I will open up our regular City Council agenda, it's Tuesday, September 6th, five minutes after. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Michael Pearson with Meridian Seventh Day Adventist Church De Weerd: Item No. 3 is our community invocation. Is Pastor Pearson here? I don't think I saw him. So, we will skip that. Item 4: Adoption of the Agenda De Weerd: And go to Item No. 4. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda the Department Report, 9-A, the resolution number is 16- 1159. Item 10-A, the applicant has requested to continue that to September Meridian City Council September 6, 2016 Page 2 of 27 20th, 2016. 11-A, the ordinance number is 16-1702. 11-B, the ordinance number is 16-1703 and 11-C is ordinance number 16-1704. And with that I move we approve the amended agenda. Borton: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation for Meridian Art Week De Weerd: Item 5 is a Proclamation for Meridian Art Week and I'm going to read this and, then, I'm going to ask Hillary to maybe come forward and talk about Meridian Art Week. Oh, is Mary here, too? I need to put my glasses on. Oh, there we have you. Well, then, I'm going to just have you join me at the podium. Well, it's really exciting to -- sorry, I blew you out of here. It's really exciting to proclaim this Meridian Art Week and, then, I will ask our commissioners to make a couple of comments, but It's All A Buzz about art in Meridian this week and we have had several people already find little treasures through our community as artists and even some not so artist artists are dropping art around our downtown area and so people out walking, if they find a piece of art they get to keep it and I will be dropping mine tonight, C. Jay, so it's just been adding a fun element and just really appreciate the commission for bringing that to us. So, whereas in the City of Meridian public art plays a valuable role in creating a sense of place, beautification of public areas, offers community expression and dialogue and enhances the quality of life for Meridian residents and vi sitors and whereas having publicly accessible art within the City of Meridian highlights our community's cultural and historical resources and promotes the development of economic, educational, recreational and tourism opportunities within the city and whereas the arts can be used as a conduit for exchanging ideas, connecting with one another, finding common ground and when accessible to the public can help to strengthen Meridian's communities and families and whereas we recognize the growth and demand for the arts in Meridian through the Meridian Arts Commission events, Parks and Recreation courses and the Treasure Valley Youth Theater, Meridian Arts Foundation and other local organizations and whereas the City of Meridian is fortunate to have a group of volunteers who serve on the Meridian Arts Commission for the purpose of advancing the arts within the City of Meridian through research and development of opportunities and sources for art within our community. Therefore, I, Mayor Tammy de Weerd, here do proclaim September 5th through the 9th, 2016, as Meridian Art Week in the City of Meridian and I do encourage all of our residents across the valley to participate in the Meridian Art Week festivities, including the Meridian art drop and art walk, highlighting public art activities in our downtown . And I will present Meridian City Council September 6, 2016 Page 3 of 27 this to our commission chair Mary and -- Mary Jensen and ask her for a few comments. Jensen: Thank you, Madam Mayor and thank you to the City Council. Obviously, the arts commission would not be here without them and their forward thinking and their vision. So, we are thrilled to be able to have our very first ever Meridian Art Week. We already have, like the Mayor said, had plenty of participation and I think the most exciting part to the arts commission is that it's not just professional artists that are participating, we have young, we have old, we have nonartists and professional artists as well and it's really exciting to see our community come together to support the arts and I think we are most looking forward to Friday evening, our art walk, and really being able to show the community how vibrant we can be in downtown Meridian and how the arts play a big role in that. So, we are really excited for that. We hope you will all join us. Thank you. Item 6: Consent Agenda A. Approve Minutes of July 20, 2016 Budget Workshop Meeting B. Approve Minutes of August 16, 2016 City Council Meeting C. Approve Minutes of August 23, 2016 City Council Meeting D. Approve Minutes of August 30, 2016 City Council Budget Workshop Meeting E. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Kortlyn Lowry c/o Deana Lowry F. Approval of Acceptance Agreement for Artist Ethan Freckleton to Exhibit 2D Works in Initial Point Gallery G. Findings of Fact, Conclusions of Law for Approval for Silverstone Apartments (H-2016-0060) by DevCO, LLC Located 4225 E Overland Road H. Findings of Fact, Conclusions of Law for Approval for Velvet Point Subdivision (H-2016-0068) by Mussell Construction Located 2795 S. Velvet Falls Way Meridian City Council September 6, 2016 Page 4 of 27 I. Final Order for Approval for TM Crossing Subdivision No. 1 (H-2016-0099) by Brighton Development Located at the Northeast Corner of I-84 and S. Ten Mile Road J. Approval of Task Order 10594.a to J-U-B Engineers for the “Water and Sewer Main Replacement – E State Ave from Meridian Rd to Cathy Ln - DESIGN” project for a Not-To-Exceed amount of $109,260.00 K. Findings of Fact, Conclusions of Law for Approval for Settlers Square Subdivision (H-2016-0074) by Seagle Three, LLC Located 870 W. Ustick Road L. Final Order for Approval for Volterra Heights Subdivision No. 2 (H-2016- 0095) by Cottonwood Development, LLC Located South of W. McMillan Road and West of N. Ten Mile Road M. Amended Development Agreement for Logan Creek Subdivision (H-2015- 0037) with Donald & Marie Morgan, Gladys Allen and Trilogy Development located at 4617 and 4620 S. Martinel Lane, in the southwest 1/4 Section 28, Township 3 North, Range 1 East. (Parcel No.'s R5475470011 and R5475470030) N. Final Plat for Decatur Estates Subdivision No. 2 (H-2016- 0101) by 4345 Linder Road, LLC Located 4345 N. Linder Road O. Final Plat for Hill’s Century Farm No. 5 (H-2016-0103) by Brighton Investments, LLC Located on the East Side of S. Eagle Road, approximately ¼ Mile North of E. Lake Hazel Road P. Final Plat for Bainbridge Subdivision No. 4 (H-2016- 0094) by Brighton Investments, LLC Located East of N. Black Cat Road, Midway Between W. Chinden Boulevard and W. McMillan Road Q. Final Plat for Vicenza Subdivision No. 3 (H-2016-0096) by Cottonwood Development, LLC Located North of W. McMillan Road; Between N. Black Cat Road and N. Ten Mile Road R. Final Plat for Vicenza Subdivision No. 4 (H-2016-0097) by Cottonwood Development, LLC Located North of W. Meridian City Council September 6, 2016 Page 5 of 27 McMillan Road, Between N. Black Cat Road and N. Ten Mile Road De Weerd: Okay. Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent A genda. Item 8: Community Items/Presentations A. Welcome and Swearing in of New Division Planning Chief and New Meridian Firefighter De Weerd: So, we will move to Item 8 -A, which is a welcome and swearing in of some of our newest employees in the Meridian Fire Department. So, I will turn this over to chief. Niemeyer: Madam Mayor, Members of Council, good evening and thank you. Tonight is a terrific night, both for the Fire Department and the City of Meridian as we welcome and swear in two new members to our family . So, without further ado I am going to do a little rotation here and you're going to see my back side, but if I could ask the Mayor to come on down for the swearing in. So, the swearing in is -- is a tradition in the fire service and for us it's a very proud day. When we swear in these new members they are taking an oath to protect our community -- to protect and enhance our community through professionalism and compassion. That's our Fire Department's mission statement. So, it's always a Meridian City Council September 6, 2016 Page 6 of 27 day that forever these individuals will remember for the rest of their lives as a great day. So, without further ado, I would first like to call up firefighter Rustin Hood, Rustin's girlfriend Kip Mills and also eight-week-old Piper, if you want to bring Piper up. Absolutely. So, a little bit of background on Rustin. We are very happy to have Rustin on board. He's been assigned already to Engine 34. Rustin comes to us from Caldwell Fire Department where he just got done last year with a -- with a recruit academy, so he's going right out to the line. We are feeding him to the wolves right away. Rustin does have a bachelor's degree in administration from Boise State Boise. Proud of you. Boise State. I'm going to repeat that for some of the folks in the room. In his off time Rustin enjoys family time, fly fishing, skiing, mountain biking, and camping. And as I mentioned, Rustin is also the new dad of eight week old Piper. So, we welcome Piper into our family as well. And with that we will now read the oath of office. Madam Mayor, the oath. De Weerd: Okay. You have your right arm. Will you, please, raise your right hand. I, state your name, do hereby declare that I will support the Constitution of the United States and the state of Idaho and that I will faithfully discharge my duties as firefighter to the Meridian Fire Department and to the citizens of Meridian to the best of my ability. I promise to protect and enhance our community through professionalism and compassion in accordance with the Meridian Fire Department's guiding principles and policies. (Repeated by Rustin Hood.) De Weerd: Congratulations. Hood: Thank you. Niemeyer: Picture time. (Pictures taken.) Niemeyer: So, our second new member I would like to ask Division Chief of Planning Charlie Butterfield and his girlfriend Amy Busick to come forward. So, Charlie comes to us from the Sun Valley Fire Department where he was the assistant chief the last three years and filling our division chief of planning role, which is primarily focused on where we as a fire department are going in the future, so looking at how do we plan for the future, how do we look at data, how do we analyze and create a plan. We are very happy to have Charlie on board. He's been here for a whopping three days and has already had great input into our team as we have been discussing some of the issues at hand in the fire department. I mention he came from Sun Valley and I don't want any boos on this, please. Charlie did attend Colorado State University where he received his bachelor's and his master's degree in education. Charlie does have a son Bryson, age 12. In his off time Charlie loves snow skiing, water skiing, traveling, Meridian City Council September 6, 2016 Page 7 of 27 hiking, biking and boating. I think I saw you in SCUBA gear as well. So, kind of a man of -- a jack-of-all-trades. We are very happy to have Charlie on board. So, with that I will turn it over to the Mayor for the swearing in and the oath. De Weerd: Okay. If you will raise your right hand. I, state your name, do hereby declare that I will support the Constitution of the United States and the state of Idaho and that I will faithfully discharge my duties as division chief to the Meridian Fire Department and to the citizens of Meridian to the best of my ability. I promise to protect and enhance our community through professionalism and compassion in accordance with the Meridian Fire Department's guiding principles and policies. (Repeated by Charlie Butterfield.) De Weerd: Congratulations. (Pictures taken.) Niemeyer: Just real quick, let's give one last round of applause to these two new members. Thank you, Mayor and Council. De Weerd: And I would like to welcome our two new members to the Meridian fire family. You always have these individuals who are standing or sitting behind you in uniform -- they will have your back. It's a tight family unit and it's exciting to have two of our newest family members. I think I probably will owe a couple of mayors some apologies, but it seems like you came to two cities that I'm sure they will be hunting me down. Right? But thank you for joining our family. Thank you to your families as well for also stepping into an extended family at the Meridian Fire Department. They are very close knit and they are a great safety net for our firefighters and their families as well. We know that you will sacrifice, as you already are aware, holidays and evenings and various family time, but we do hope in turn you will get the satisfaction of feeling a sense of pride of the culture and the history that fire department has established in our community and they are the heroes and it's recognized in our community throughout and they are very well supported, in addition to our Meridian Police Department. We feel very fortunate that our public safety personnel, both fire and police, work very closely together and we hold that as an important element of our culture . So, thank you for joining us. Thank you for letting us be a part of this important ceremony and , again, welcome and congratulations. B. 2016 Community Block Party Sponsor Recognition De Weerd: Okay. Item 8-B -- oh, Council any comments? Thank you. Item 8-B is under our Parks Department for 2016 Community Block Party sponsor recognition. Renee, welcome. Meridian City Council September 6, 2016 Page 8 of 27 White: Thank you. I have cleared a room before, but usually it's with my karaoke. Thank you, Madam Mayor, Members of the Council. I appreciate the time on your agenda this evening to publicly thank the businesses that are sponsoring the community block party. We are fortunate to have a number of businesses that have been very active in all of the events for the Parks and Recreation. Before I do I would like to talk just a little bit about the block party and one of the newer events that we are hosting and that is called the talent tournament. We are adding that in the afternoon. It is similar to -- if you have ever gone to the Curb Cup which was in Boise several years ago, it is a talent tournament in which everyone does their talent at the same time and the audience gets the ability to walk through and witness all of them taki ng place. Each audience member gets three tokens and, then, they get to vote for who their favorites are. So, we are pretty excited about that. So, the block party, I'm really excited to -- to thank the Village in Meridian, who is our main stage sponsor. Idaho Central Credit Union, which is our presenting sponsor for the year. Meridian United Soccer, which is our mascot dance-off. That will be fun. If you have never seen a pancake dance you can't miss that . Right? Boise Co- op is our Kids Corner sponsor. Westside Bodyworks is our food court sponsor. Rocky Mountain Roll is helping us present an inflatable jungle. Peak Broadcasting and Meridian Press are our media sponsors. And we have a first aid sponsor, which is St. Alphonsus Medical Center. So, I'd like to thank them and hope that you will take the time to come out to the block party, which is September 27th, and the beautiful Kleiner Park. Thank you so much. De Weerd: Thank you, Renee. We appreciate you. We appreciate our sponsors. And thank you for coming in and sharing who they are tonight , so we can, in turn, thank them personally. Thank you. Item 9: Department Reports A. Mayor's Office: No. 16-1159: A Resolution Reappointing Jim Escobar to Seat 1 of the Meridian Development Corporation De Weerd: Item 9-A under Department Reports, Council, in front of you you do have a resolution that's 16-1159, reappointing Jim Escobar to Seat One of the Meridian Development Corporation. Jim has been the chair of the Meridian Development Corporation for a couple of years now and I will tell you that he spends a lot of time and dedication both of his personal and professional time really adding to his passion for downtown and its redevelopment. I would ask for your approval for this reappointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 6, 2016 Page 9 of 27 Bird: I move that we approve Resolution No. 16-1159, reappointing Jim Escobar to Seat One in the Meridian Development Corporation. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Police Department: Third Amendment To Professional Services Agreement With Trauma Intervention Programs, Inc. (TIP) for an amount Not-to-Exceed $10,957.00 De Weerd: This next item, 9-B, is under our police department. The Trauma Intervention Program, TIP, has been an integral part in Ada County for providing citizen-to-citizen response in that critical time of need to victims or those that have had family members that have met some really traumatic incidents and so we asked if the Police Department would be here to share with you a little bit more about the TIP program and the impact it's had in our community. Thank you, Tracy, for being here. Basterrechea: Thank you, Madam Mayor, President Bird, Members of the Council. First let me say I'm glad the room emptied out. I was a little nervous turning my back to a room full of firefighters. Felt a little bit like Custer at Little Bighorn, so -- just to give you a little bit of statistical data on TIP. Since February 1st of 2016 to August 1st of 2016 we have provided -- TIP has provided service to 730 residents here in the Treasure Valley. The number of the service -- that's the number of residents. The number of services that they have provided have been 1,710 and their ready -- number of ready alert hours that they have contributed to the Treasure Valley is 19,512 hours in a six month period. Number of TIP volunteers right now serving in the Treasure Valley are 24 and the average response time has been 20 minutes and we have had a one hundred percent response time when we have called -- had to call TIP in the Treasure Valley. So, so far it has been a very successful program and we have been getting very good feedback from our officers, as well as from the fire department. Just to give you a little idea of what they do, they do service not only the police during emergency situations dealing with families who have suffered from a tragic situation, but they also service the fire department, as well as the coroner's office, so with that I will stand for any questions you might have. Meridian City Council September 6, 2016 Page 10 of 27 De Weerd: Thank you, Tracy. Council, any questions? They do an annual recognition for these volunteers and I would invite you to attend one of those. You will hear some of the stories that -- of incidents that they have responded to and hear a little bit more about the behind-the-scenes of how they really touch people's lives in those times of a real need and I am just thrilled that our Police Department really took the lead in bringing this service to Ada County to our community, because it really has made a difference in the lives of -- of those that have had some pretty traumatic instance , whether it's a death notice or a trauma event, it all is the same, people are in a time of panic and they need -- they need someone there to care. Basterrechea: Yeah. They have -- actually, they have really filled a void that we couldn't -- we couldn't fill on those situations where we have officers that have to go back to calls. Our victim witness coordinators are not equipped to deal with every person that we come into contact with, so they have been as huge service to the community. De Weerd: And you raised a good point. It really does deploy our resources back onto the streets back into service and it has trained volunteers that will sit with the victim or the victim's family and give care. So, thank you for giving us an overview. Basterrechea: Thank you. De Weerd: So, Council, in front of you you do have an item that is requesting a third amendment to the Professional Services Agreement. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the third amendment to the professional services agreement with the Trauma Intervention program, TIP, for an amount not to exceed 10,957 dollars. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-B. Any discussion by Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council September 6, 2016 Page 11 of 27 MOTION CARRIED: ALL AYES. Item 10: Action Items A. Final Plat Continued from August 16, 2016 for Biltmore Estates Subdivision No 3 (H-2016-0086) Located at W. Victory Road and West of South Meridian Road Continued to 9/20/16 1. Request: Final Plat for Thirty One (31) Single Family Residential Building Lots and Six (6) Common Lots on Approximately 11.91 Acres in the R-4 Zoning District by Oakwood Estates LLC. De Weerd: Item 10-A, the applicant has requested continuance to September 20th. I will ask staff to state on the public record the reason for that request. Allen: Madam Mayor, Council, from what I heard it was some sort of family emergency that the applicant could not be here tonight, so they asked for a continuance. Bird: Surgery. De Weerd: Okay. Thank you. Council, do I have a motion to continue? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2016-0086 to September 20th, 2016. Cavener: Second. De Weerd: I have a motion and a second to continue Item 10 -A to September 20th. All of those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing for Twelve Oaks (H-2016-0100) by Twelve Oaks, LLC Located 1845 W. Franklin Road Approved 1. Request: Modification to the Development Agreement to Update the Development Plan for the Site Meridian City Council September 6, 2016 Page 12 of 27 De Weerd: Item 10-B is a public hearing for H-2016-0100. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for a development modification. This site consists of 9.43 acres of land. It's zoned C-C and TN-R and it's located at 1845 West Franklin Road on the south side of Franklin, west of South Linder Road. This property was annexed back in 2005 with a development agreement. In 2013 the agreement was modified to update the development plan for the site. The Comprehensive Plan future land use map designation is mixed -use commercial and medium-high density residential. The applicant is requesting a modification to the development agreement to update the development plan for this site. The current development plan depicts a mix of single and multi -family residential townhomes and apartments, 52 to 55 units. A residential care facility for approximately 40 units. And commercial uses, four building pads, with a large central common open space area with a pond . These are the elevations that were approved with the last development agreement modification for the proposed townhomes. The proposed plan depicts a multi-family residential development with a mix of eight and 12-plex apartment buildings and duplexes totaling 106 units, with a clubhouse and commercial building pads. The residential care facility has been removed. The proposed gross density of the development of 13.27 dwelling units per acre, which is consistent with the future land use map designations for this site. One driveway a ccess is proposed via Franklin Road and that is the one you see right here , with driveway stubs to the properties to the west and those are here at the northwest and the southwest corners of the property. Public streets were proposed previously, but are not required for a multi-family development. Therefore, the applicant is only proposing driveway access to the site. Conceptual building elevations were submitted for the proposed structures. The ones you see on the left there are the two and three-story apartment buildings. The one on the right is the proposed clubhouse elevation. The duplexes are two story. And, then, the garage units that are associated with the multi-family. Building materials for all of the structures appear to consist of a mix of stucco and vertical siding. Future development is required to comply with the design standards in the architectural standards manual. Written testimony has been received from Jim Jewett, the applicant. He is in agreement with the staff report as written. Staff is recommending approval per the staff report. Staff will stand for the questions. De Weerd: Sonya, you showed some elevations earlier on. Were those in the -- yeah. That. Were those in the original? Allen: Yes. Madam Mayor, those were proposed right -- if you can see my pointer here, right along the southern boundary of the site. There was townhomes proposed there. Multi-family in this area. And, then, the residential care facility here, with a commercial building pad here and, then, also over here on the top right. Meridian City Council September 6, 2016 Page 13 of 27 De Weerd: And, then, it -- and the current elevation has changed quite substantially. Now they are just garage doors. Allen: Yes. Now, there is duplexes, rather than townhomes, proposed along the southern boundary and all multi-family residential apartments. The commercial pads stayed the same. De Weerd: Are the elevations for the apartments the same as they were in the original? Allen: I don't believe so, Madam Mayor. They were not attached as an exhibit with the development agreement. Only the townhomes. So, I'm not sure how much detail those had at the time. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Is the applicant here? Good evening. If you will, please, state your name and address for the record. Jewett: Yes. Madam Mayor and Councilmen, Jim Jewett, 16 -- oh, excuse me. 167 East White Spur, Meridian. De Weerd: Thank you. Jewett: So, to clarify what Sonya said, the apartments have never changed. The building designs we are submitting now are just fine toothed. They are ready to go. We are ready to submit the permits. So, those are a final work. But they were conceptually the same texture as you see here. But what's changed is the residential care facility went away and we replaced that with the same buildings and, then, the duplexes along the back were townhouses before and we have changed them to duplexes. They do become a little garage heavy, because we are -- De Weerd: A little? Jewett: We are required to have garage -- parking space and we wanted to provide attached garages for those units. We are just trying to offer a different mix of a rental than you would see in the standard apartment plans and projects you see in town where they are all apartments and all have a detached garage. These are actually attached to the units, giving another unique rental within the same project with a pool and a clubhouse. So, that's all we are trying to do is just offer a three bedroom, two bath, two car garage and with our limited space -- Meridian City Council September 6, 2016 Page 14 of 27 because what you saw in the townhouse you would be parking out front of it. So, now we replaced it with a parking garage. I do understand your point. De Weerd: Thank you. Jewett: Otherwise, I will stand for questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Jewett: Thank you. De Weerd: Okay. I do have one person that signed up as neutral. Tom Roam. Thank you for joining us. If you will, please, state your name and address for the record. Roam: Tom Roam. 115 South Linder. De Weerd: Thank you. Roam: I don't have a lot of questions. I just -- my only concern -- been there a long time and I have got five or six hundred feet of -- would be my west end, their east side of the property, which I have animals on, cows, stuff like that, and I have had troubles with the sub behind me shooting golf balls -- actually shooting at cows and other things like that. Bow and arrows. Actually guns. Things like that. And so I'm a little concerned about that wall, because of my animals and I plan on keeping them and kind of attached to them. So, that's my only really concern about the project is my side -- my particular border where I boarder that and am I going to have problems with that and how would I avoid th at? Other than that, that's really my only concern with that. De Weerd: Thank you so much. Roam: I have no idea what you would do with that. De Weerd: Well, we will ask him -- what is the -- what are the fencing materials? Allen: Madam Mayor, I would defer to the applicant to answer that. De Weerd: I didn't know if you had covered that in your -- I will ask the applicant in his wrap-up remarks. Is there anyone else who would like to provide testimony on this item? Okay. Jim. It is a good question to ask. If you will just restate your name for the record. Meridian City Council September 6, 2016 Page 15 of 27 Jewett: Yeah. Jim Jewett again. That neighbor didn't attend the neighborhood meeting and nothing has changed along that boundary from our original application from years ago and I can't recall what we agreed on back then, so -- but nothing's changed from what we originally agreed to with him and the city as far as what happens along that boundary. But I don't recall what type of fencing it is, if it's vinyl or -- I don't -- other than I can tell you that we will comply with whatever we agreed to that's in the agreement. Bird: An eight foot block, wasn't it, Jim? Jewett: That was on -- if it's in the agreement that's what I will have to agree to. That's currently what's between him and the north boundary, which is Hark's Corner -- is that cinder block fence. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We will have to look, but I'm not too sure that that isn't what was -- and I was being serious. I'm not too sure that wasn't what was agreed to down there, because that's what we got on the north side and not too sure it wasn't that -- De Weerd: Do you see that in the original -- Allen: I'm looking. I haven't found it yet, Madam Mayor. De Weerd: Okay. Council, while we have Mr. Jewett up here, any questions regarding this application? Jewett: Madam Mayor, I would certainly agree to an additional condition that a suitable fence, if it's -- that's the nature of that if Council's comfortable with that, that's along the northern boundary, put on his east boundary -- my easterly boundary and his westerly boundary and I'm okay with that. De Weerd: Okay. So, that could be added regardless of what's in there. Bird: Yeah. De Weerd: I appreciate that, you know, because fences and animals don't always play well together. For some reason the animals don't get it, that that's not their property, but -- Jewett: We have to work on teaching them I guess. De Weerd: People, too, sometimes, so -- so, Council, anything further? Meridian City Council September 6, 2016 Page 16 of 27 Milam: No shooting the animals and -- De Weerd: Yeah. Well, unfortunately, you know -- yeah. That's a tough one. Thank you. Jewett: Thank you. De Weerd: Council, anything further for the applicant or staff? Bird: I have none. De Weerd: Again, any further questions or testimony from any member of the public? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the public hearing on H -2016-0100. Milam: Second. De Weerd: I have a motion and a second to close the public hearing an Item 10- B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I move that we approve H-2016-0100 and include all staff, applicant remarks and that is to include the fence on his east property to match the north -- or the south fence on the property to the east of this. Am I clear? De Weerd: Uh-huh. Bird: Okay. Milam: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Mr. Clerk, will you call roll. Meridian City Council September 6, 2016 Page 17 of 27 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I will note -- oh, did Jim already leave? Wow, he left quickly. It would have been nice to keep the original elevations. Just saying. C. Public Hearing for Roundtree Place Subdivision (H-2016- 0081) by Trilogy Development Located at 755 S. Linder Road 1. Request: Annexation and Zoning of 5.78 Acres of Land with an R-8 Zoning District 2. Request: Preliminary Plat Consisting of Twenty- Three (23) Building Lots and Four (4) Common Lots on 4.99 Acres of Land in the R-8 Zoning District De Weerd: Okay. Item 10-C is a public hearing for Roundtree Place Subdivision, H-2016-0081. I will open this public hearing with staff Josh's comments. Beach: Good evening, Madam Mayor, Members of the Council. This i s an application for annexation and zoning and for a preliminary plat. This site consists of approximately 5.78 acres of land, which is currently zoned RUT in Ada County. Is located at 755 South Linder Road. To the north is single-family residential property in the Tapestry Subdivision, which is zoned R-8. To the east is South Linder Road -- excuse me -- single family residential zoned property in the Mallard Landing Subdivision, which is zoned R-4. To the south is single- family residential property in the Primrose Subdivision, which is zoned RUT within Ada County. And to the west is the Peregrine Elementary School, which is zoned R-4. A little history. In 1948 the subject property was platted as a five acre lot or Lot 18 as part of the Van Hees Subdivision. The future land use map for this property is medium density residential. The applicant has submitted an application for annexation and zoning, as I said, of approximately 5.78 acres of land with an R-8 zoning district and a preliminary plat consisting of 23 residential lots and four common lots on five acres of land. Vehicular access is proposed for this site via an extension of South Flintstone Way, which is an extension of this here from the Tapestry Subdivision and vehicle access to West Waltman Street and no direct access to South Linder Road is proposed or permitted for this proposed development. A 25 foot wide landscape -- or, excuse me, landscape buffer is required along South Linder Road, which is considered an arterial street Meridian City Council September 6, 2016 Page 18 of 27 and part of the landscape in accord with the UDC. The applicant is also proposing to construct a ten foot wide landscape buffer adjacent to West Waltman Street. It will also need to be landscaped according to the UDC. Based on the area of the preliminary plat, which, as I said, is approximately five acres, a minimum of .5 acres of qualified usable open space is required to be provided as set forth in UDC. Based on the preliminary plat the applicant is proposing a .22 acres, which is 4.4 percent of the proposed -- the proposed development. The applicant has complied with making some changes to this that would -- prior to the Commission hearing the applicant had submitted some additional open space along this area here and the pathway out to the sidewalk along South Linder Road that does comply with that. So, apologize for that confusion. They have met their -- their ten percent requirement for open space. The a pplicant has submitted several building elevations for future homes in the development. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. For the most part staff is supportive of these provided elevations. Staff is not supportive of the vision here at the bottom left and not feel that that provides the appropriate architectural elements with the living area above the garage that we would like to see toward the street . Because homes on lot whose sides or rear face South Linder Road, Lots 1 through 3 and 6 of Block 1 and Lot 1, Block 1, Lots 1, 7 and 9 of Block 2 will be highly visible, staff recommends that the sides or rear of those structures that face the public street on those lots incorporate articulation through changes in material, color, modulation and architectural elements. Staff did not receive any written testimony prior to the Planning Commission hearing. Commission did recommend approval. A summary of the Commission public hearing. Christy Watkins was the applicant's representative in favor of the application. There was none in opposition. There was several that commented Jeanette Ockerman, Ron Hohnstein and Andrew Gowens. Did not receive any written testimony prior to the Commission. I presented the application. Bill Parsons also commented on the application. Key issues of public testimony where the proposed density of the subdivision, fencing along Waltman Road, safety of children crossing Linder to get to the Peregrine Elementary School, traffic -- the lack of direct access to Linder from the proposed subdivision, removing the direct access to Waltman Road, the capacity of Peregrine Elementary School. Key issues of discussion by the Commission were safety of children getting to Peregrine Elementary School and the potential for providing additional crossing guards across Linder. The proposed density of the development. Traffic to and from the area both for the school, as well as the increased number of homes in the area . The addition of the pathway through a common lot to the sidewalk along South Linder Road. Commission change to staff recommendations. They removed Condition 1.1.3B, because the applicant had complied with the -- as I mentioned, the open space requirements. Remove condition 1.1.3C with the addition of new Condition 1.1.3B the applicant will comply with that condition. Add a new condition 1.1.3B, which the Commission recommended the applicant provide a pedestrian pathway from South Treetop Avenue through the proposed common lot to the proposed sidewalk in the landscape buffer along South Linder Road. There are no Meridian City Council September 6, 2016 Page 19 of 27 outstanding issues for the Council. With that I will stand for any questions you have on the application. De Weerd: Thank you, Josh. Council, any questions? Bird: I have none, Mayor. De Weerd: Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Wonders: Good evening, Madam Mayor and Council Members. Scott Wonders with JUB Engineers. 250 South Beechwood Avenue in Boise. 83709. Here representing the applicant. Again, just here representing the applicant on five acres of in-fill property that we are proposing. We are just at the five acres based on the -- the old recorded plats, so we are providing and amended our application to include the ten percent open space after we worked with staff. We are including a tot lot amenity in the -- in the main common open space area and providing that pedestrian connection that was requested in our conditions of approval. We have widened that section -- the pedestrian connection from the internal street out to Linder Road as well. A couple items for school access, which is just to the west. They will have the option of either going south to Waltman and, then, along the existing sidewalk or in the existing Tapestry Subdivision to the north there is a pedestrian connection there that goes across the -- the open play area between the subdivisions and the actual school itself. We are proposing to connect to the Nampa-Meridian Irrigation System. I think there was a letter to that effect to the applicant in the staff application, so we are addressing the pressurized irrigation in that way. We are in agreement with all the staff recommendations of approval and here to answer any questions that you may have. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Wonders: Thank you. De Weerd: I do have a member that has signed up. Ron Newberry signed up against. If you would like to come forward. Thank you for joining us. If you will, please, state your name and address for the record. Newberry: My name is Ron Newberry and I live at 2125 Waltman. De Weerd: Thank you. Meridian City Council September 6, 2016 Page 20 of 27 Newberry: And thank you, Mayor and Councilmen. When I look at this it has four common lots covering five acres. How can four lots cover half of what we are talking about, which is a ten acre parcel? De Weerd: I don't know where you are -- Newberry: Right. I can't understand what's happening here. Beach: Madam Mayor, could I answer that question? There are 23 proposed residential lots and four common lots. Newberry: Right. The four common lots it says on 4.99 acres. That's half of what's there. Now, what's going to go on five acres? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sir, I think -- I think what it's saying is there is 4.99 acres in this -- in this complete development. Okay? We are going to have 23 building lots and we are going to have four common lots within this 4.99 acres. And that is just a five acre piece. That isn't a ten acre piece. All they are -- they are platting right now is that -- it's 4.99, actually, acres and they are going to build 23 -- okay. You got 23 buildable lots and, then, they have got four common lots for open space. Newberry: Right. Bird: And that's it. All within that 4.99 acres. Newberry: Okay. I live right down the street from that school and already the traffic going up and down that -- Waltman is really congested at school times, especially in the mornings. Now, you're going to have all these people dumping out onto Waltman Road trying to get onto Linder to get out of the subdivision and it's really, really going to be bad, because already there is 147 homes in the Primrose Subdivision coming out of that area and, then, you have got all the houses on the east side of Linder that have to dump onto Linder Road to get out of there. So, for them to come onto Waltman Lane is really, really dangerous for all the children that are going to school at that time in the morning. De Weerd: Well, I appreciate your concern about the -- the children, but it's -- it's going to be the same as if you have any access there for that lot to redevelop for the property. Newberry: Right. But what I'm getting at is there is no access for that subdivision to come out onto Linder Road, other than coming onto Waltman or through another subdivision and that's what's dangerous , because the school is Meridian City Council September 6, 2016 Page 21 of 27 right there. I'm more concerned about the walking traffic than am about the flow of that subdivision, because it's really heavy. Really heavy. And it's important. De Weerd: Well, thank you, sir. Newberry: Thank you. De Weerd: We appreciate you coming. Is there anyone else who would like to provide testimony on this item? Okay. Does the applicant want to make comment to that? Wonders: Again, Scott Wonders for the record. Just a point of clarification. So, it is -- we are providing ten percent of the five acres, so it will be half an acre of open space within the five acres, so -- and we do our best with road alignments. I mean they are tough. Worked with ACHD and on this one we really tried to -- I don't know how many iterations we did with staff, but in order to kind of orient the houses so they weren't looking at a bunch of rear-facing yards along Waltman, and we made them all side loaded and, then, added the landscape buffer adjacent to Waltman with a six foot fence, so -- and, then, working with ACHD they didn't want us to do access out to Linder for obvious reasons. So, that's kind of how we -- we arrived at this layout. But other than that I don't have anything else to add, unless you have any other further questions of me. De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you. Wonders: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we closed the public hearing on H-2016-0081. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 10- C. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? Meridian City Council September 6, 2016 Page 22 of 27 De Weerd: Mrs. Milam. Milam: I move that we approve H-2016-0081 and include all staff, applicant, and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-C. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And I would ask that the applicant, being sensitive to Mr. Newberry's comments, that you work with the school and -- just to insure that that access out has the safety precautions to -- to advise the typical signage about school children present. I participated in the National Walk To School Week at Peregrine and it is very busy, a lot of kids in that area, and I'm sure people who are attracted to move into a neighborhood like that are there because they probably have school-age children themselves and so we hope that that makes us extra cautious as well, but thank you for bringing that attention to -- to the deliberation. Item 11: Ordinances A. Ordinance No. 16-1702: An Ordinance of the City of Meridian Providing for the Adoption of an Amendment to the Budget and the Appropriation of Expenditures of ($7,460,149) to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2015 and Ending on September 30, 2016. De Weerd: Okay. Item 11-A is Ordinance 16-1702. Mr. Clerk, will you, please, read this ordinance by title only. Coles: Thank you, Madam Mayor. Ordinance No. 16-1702, an ordinance of the City of Meridian providing for the adoption of an amendment to the budget and the appropriation of expenditures of 7,460,149 dollars to defray the necessary expenses and liabilities of the City of Meridian in accordance with the object and Meridian City Council September 6, 2016 Page 23 of 27 purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2015, and ending on September 30th, 2016. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? You are our token public, so -- seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 16-1702 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 11-A. If there is no discussion, Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Ordinance No. 16-1703: An Ordinance of the City of Meridian Providing for the Adoption of a Budget and the Appropriation of $119,231,649 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2016 and Ending on September 30, 2017. De Weerd: Item 11-B is Ordinance 16-1703. Mr. Clerk, will you, please, read this by title only. Coles: Thank you, Madam Mayor. Ordinance No. 16-1703, an ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of 119,231,649 dollars to defray the necessary expenses and liabilities of the City of Meridian in accordance with the object and purposes and in the ce rtain amounts herein specified for the fiscal year beginning October 1 , 2016, and ending on September 30th, 2017. De Weerd: You have heard this read by title. Is there anyone who would like to hear it read in its entirety? Council? Meridian City Council September 6, 2016 Page 24 of 27 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 16-1703 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 11-B. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea. De Weerd: The motion carries. MOTION CARRIED: FIVE AYES. ONE NAY. C. Ordinance No. 16-1704: An Ordinance (Gibson Amity H- 2016-0036) of the City of Meridian Granting Annexation and Zoning for a Parcel of Land being “Parcel-B” of Record of Survey No. 9941, Instrument No. 2014-088010 as recorded, Ada County Records, Situated in a Portion of the Northeast ¼ of the Northwest ¼ and a Portion of Government Lot 1, Section 31, Township 3 North, Range 1 East, Boise, Ada County, Idaho; and Annexing Certain Lands and Territory, Situated in Ada County, Idaho containing approximately 5.86 acres of land; and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Classification of said Lands from RUT to I-L (Light Industrial) District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. De Weerd: Item 11-C is Ordinance 16-1704. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. Ordinance No. 16-1704, an ordinance Gibson-Amity H-2016-0036 of the City of Meridian granting annexation and Meridian City Council September 6, 2016 Page 25 of 27 zoning for a parcel of land being Parcel B of record of survey number 9941, Instrument No. 2014-088010, as recorded, Ada County records, situated in a portion of the northeast quarter of the northeast quarter and a portion of Government Lot 1, Section 31, Township 3 North, Range 1 East, Boise, Ada County, Idaho, and annexing certain lands and territory situated in Ada County, Idaho, containing approximately 5.86 acres of land and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use classification of said lands from RUT to I-L, Light Industrial District, in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading of rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title. I see no one who is jumping up and down to hear this read by -- in its entirety. Council, do I have a motion to approve? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1704 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 11 -C. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; L ittle Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics De Weerd: Council, just a heads-up on upcoming events. We have Scentsy's Rock-A-Thon on Friday, the 9th, from 6:00 a.m. to 6:00 p.m. I'm sure they are always looking for rockers. If you have an interest. Idaho Avenue streetscape dedication is 5:00 o'clock on Friday on Idaho Avenue and we would love you to come out and, then, there is also the art walk that is kicked off at 5:30 in City Hall plaza, right in front of her sign. And, then, you can walk downtown Meridian and -- and enjoy a lot of activities from Hair Art Gallery, they will have some music, to the chalk art and the music on Idaho Avenue. There will be a lot to enjoy. Meridian City Council September 6, 2016 Page 26 of 27 September 8th Car Max is having their ribbon cutting ceremony at 11:30 and would love you to join our new business in our community. The Farmers Market, if you haven't done this, I found my favorite honey is Hattie's Honey is just absolutely delicious. A beekeeper that's a youth member and she does a marvelous job. So, just go and check them out from 9:00 to noon. 9/11 flag tribute in Kleiner Park on Sunday, the 11th, and, then, A Day to Remember Fall Fair at Ten Mile Christian. This is an annual event. They will be recognizing our -- our public safety personnel and our military and that's on Sunday from -- Sunday, the 11th, from 1:00 to 4:00. And, finally, next Tuesday Coffee With The Mayor at Zamzow's on Chinden and that's on the 13th from 8:00 to 9:30. And this community partner has been even advertising on the radio . So, they are going all out to -- to invite the community to come on down and talk with our elected and our leaders in the city. So, hopefully, you can join us there, too. Any other topics for future meeting agendas? Item 13: Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure, Idaho Code; 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation and 74-206A(1)(a) a governing body or its designated representatives may hold an executive session for the specific purpose of: (a) Considering a labor contract offer or to formulate a counteroffer De Weerd: If not, I will move to Item 13 for the Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 1(d), 1(f) and 1(a). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:06 p.m. to 8:09 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Meridian City Council September 6, 2016 Page 27 of 27 Bird: So moved. Borton: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carried: MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Borton: Second. De Weerd: All those in favor? Palmer: No. De Weerd: No? Motion passes nonetheless. MOTION CARRIED: FIVE AYES. ONE NAY. MEETING ADJOURNED AT 8:09 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAAVll'OIY DE WEERD ATTEST`'' zi�6z JAY S, CITY CLERK q/?o/16 DATE APPROVED PQoRPI t u Ali 00001GO � ty or 0 �-�►'1 ECIIDIAN�. Z IDAHO L6 SEAL A,/ Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Minutes Approve Minutes of July 20, 2016 Budget Workshop Meeting MEETING NOTES u✓ APPROIED 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 Special Budget Workshop July 20, 2016 Page 95 of 95 De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 1:22 P.M. (AUDI RDFNG FILE OF THESE PROCEEDINGS) MAY EERD oPQ0 NIEDAUG,, DATE APPROVED ATTEST:`z�* �,�,`� �-�►�L ECity of IDjQ IDAH0V C.JAY COLES, CITY CLERK SEAL TE APPROVED TRE Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Minutes Approve Minutes of August 16, 2016 City Council Meeting MEETING NOTES rte✓ APPROVED 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 August 16, 2016 Page 35 of 36 Borton: Second. De Weerd: The motion is to adjourn into Executive Motion. I assume that was Executive Session. Bird: Yeah. De Weerd: Mr. Clerk, will you call roll. Roll -Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:35 p.m. to 8:39 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Move we adjourn. Borton: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING,,ADJOURNED AT 8:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR Y DE WEERD DATE APPROVED ATTEST: Meridian City Council PQD�yPTED gVG��T August 16, 2016 =oma Page 36 of 36 ����� ' Cily or fik IDIAN � C. JAY COtES, I CLERK SEAL �,� Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Minutes Approve Minutes of August 23, 2016 City Council Meeting MEETING NOTES 9 APPROIED 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 August 23, 2016 Page 72 of 72 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (9:25 p.m. to 11:02 p.m.) Bird: So moved. De Weerd: Wait. Wait. Wait. Wait. Okay. Do I have a motion to come out of Executive Session? Bird: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Move we adjourn. Cavener: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MA OR T Y DE WEERD DATE APPROVED �Q°FtATEDq� G ATTEST: w C. JAY C Lt: , CITY CLERK m jD1AN Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Minutes Approve Minutes of August 30, 2016 City Council Budget Workshop Meeting MEETING NOTES mr APPROVED 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 Special Meeting August 30, 2016 Page 11 of 12 De Weerd: Again, I would like to thank our Finance Department and all of our departments. As you saw with some of the revenues that were turned back as a budget amendment, we appreciate your fiduciary responsibility to the citizens of our city. We know that you look for every opportunity to find efficiencies and savings in the projects that you do. We appreciate all of the thoughtful deliberation that has gone into evaluating each of your lines item by item and seeing justifying when you want an increase and talking about the variances when you did not spend what you' were authorized to spend. It's been great dialogue and we know that a lot of work and thought goes into it. So, our thanks go to each and every one of you for everything you have done to set us up for another great year. Item 5: Future Meeting Topics De Weerd: Okay. Council, anything further? Future Meeting Topics? We do have a town hall meeting tomorrow at Hillsdale Elementary School in south Meridian that starts at 6:30 and hope to see you all there. We have Coffee With The Mayor next week. So, just all kinds of opportunities to -- to get involved and don't forget Art Walk. And for all of you, you are always welcome to donate a piece of art and hide it in our downtown. We have tags that you can take your -- your artistic talents -- and if you want us to hide it for you you are more than welcome to drop it off and we can do that and I would encourage you to walk around Meridian and maybe you might find a little gem that you can keep for yourself as well. So, thank you for -- again, Council, your diligence in being part of the budget preparations and for your thoughtful deliberation during the workshop and -- fine-tuning what was approved tonight. So, if there is nothing else, I would entertain a motion to adjourn. Bird: So moved. Borton: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 't MAYOR MY DE WEERD DATE APPROVED ATTEST: Meridian City Council Special Meeting August 30, 2016 Page 12 of 12 C. JAY—COLE'S,LCITY CLERK �Q0FI, or G� C;I v of -4 r �L.* Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Professional Service Agreement for Artwork Professional Service Agreement for Artwork for Traffic Box Community Art Project - Kortlyn Lowry c/o Deana Lowry MEETING NOTES U✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this day of September, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Deana Lowry("Contractor"), an individual person and parent or legal guardian of Kortlyn Lowry, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork, created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, representatives of the Meridian Arts Commission ("MAC") selected a piece of art created by Artist entitled By the Seaside, depicted in Exhibit hereto, which was displayed at the 2016 West Ada School District Student Art Show, to win the "Community Art Award," MAC recommended to Meridian City Council that such artwork ("Artwork") become an installation as part of the Project, and on May 24, 2016, the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE I of 4 including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. PROFESSIONAL SERVICES AGREEMENT—TRAFFIC Box WRAP PAGE 2 of 4 creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of June, 2016. CONTACTOR: \-;�w_a x,p, Deana LoNwy Parent or Guardian of Kordyn Lo -%my C �� ARTIST: �(J'6 �Vr ) -) vvrjL- Kordyn Lowry PROFESSIONAL SERVICES AGREEMENT — UTILITY BOX WRAP PAGE 3 of 4 EXHIBIT A KORTLYNLOWRY PROFESSIONAL SERVICES AGREEMENT— TRAFFIC BOX WRAP PAGE 4 of 4 Meridian City Council Meeting DATE: September 6, 2016 ITEM TITLE: Ethan Freckleton ITEM NUMBER: PROJECT NUMBER: Approval of Acceptance Agreement for Artist Ethan Freckleton to Exhibit 2D Works in Initial Point Gallery MEETING NOTES APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 6F DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the day of September, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ethan Freckleton, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, has invited Artist to display his artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on October 28, 2016, at or at such time as is specified by the Arts & Culture Specialist. Artist shall be responsible for installing such artwork on October 28, 2016 at such time as is specified by, and under the direction of, the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from October 28, 2016 to December 1, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 2, 2016, at such time and date as is specified by the Arts & Culture Specialist. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Arts & Culture Specialist, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate any and all removal, replacement, and/or substitution of artwork with the Arts & Culture Specialist prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with City. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Arts & Culture Specialist. B. Inspection of display. Prior to or after installation, the Arts & Culture Specialist and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Arts & Culture Specialist or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibit or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Arts & Culture Specialist the removal, replacement, and/or substitution of any and all artwork, prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Arts & Culture Specialist. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I, Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed. as.fol lows: Artist: City: Ethan Freckleton Hillary Bodnar 428 Cashmere Rd. Arts & Culture Specialist Boise ID 83702 33 E. Broadway Ave. Meridian ID 83642 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Ethan Freckleton CITY OF MERIDIAN: �QORp,TED BY: _ o r G Tammy d e �d,Mayor = o City �r w 'h y E IDIAiv�. A . ('� OAttest: - CR / Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6G PROJECT NUMBER: H-2016-0060 ITEM TITLE: Silverstone Apartments Findings of Fact, Conclusions of Law for Approval for Silverstone Apartments (H-2016-0060) by DevCO, LLC Located 4225 E Overland Road MEETING NOTES �✓i APPROIED 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 an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 25.97 acres of land from Medium Density Residential to Mixed Use Regional and to change the land use designation on 42.18 from Boise's "Suburban" Comprehensive Plan Land Use designation to Medium Density Residential by DevCo, LLC. Case No(s). H-2016-0060 For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 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 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 of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 -1- copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of August 16, 2016, incorporated by reference. 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 Future Land Use Map contained in the Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. 2. The applicant's request for annexation and zoning was approved with a C -G zoning district, with the provisions noted in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. 3. The applicant's request for a conditional use permit is hereby approved based on the findings in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). 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 two (2) year 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 August 16, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 -2- By action of the City Council at its regular meeting held on the ( day of 5f , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED Y COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ,r COUNCIL MEMBER TY PALMER VOTED `e6 COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED /W4 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) M r Ta n de Weerd o�ptED AUG QQ V� �m Attest: r c•ow ��y �r m EIDIAN�- IOAMO SEAL t. Jay C es City Clerk OJthe Tfkf Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: c- - (�04�q Dated: 0171/ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0060 -3- Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 1 STAFF REPORT Hearing Date: August 16, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Silverstone Apartments – AZ, CPAM, CUP (H-2016-0060) Note: This project was heard on July 7, 2016 by the Planning and Zoning Commission. During the hearing, public testimony inadvertently excluded the 42.18 acres from the applicant’s CPAM request. The applicant’s application materials clearly stated their intent to include the 42.18 acres that was originally part of the City of Boise’s AOCI. Further, the applicant has received approvals from the City of Boise and correspondence from our Public Works Department that support the inclusion of this property. The Clerk’s office noticed the property as such and all of the notices to the adjacent property owners included the correct information. To ensure the public record reflects the entire scope of the CPAM application, staff has updated the staff report that includes the 42.18 acre property as part of the CPAM application. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, has submitted an application for the following: An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed Use-Regional (MU-R); and 42.18 acres to the Medium Density Residential Comprehensive Plan Land Use designation. Annexation and zoning (AZ) of 14.41 acres of land from the RUT zoning district in Ada County to the C-G zoning district; Conditional use permit (CUP) for a multi-family development consisting of 312 dwelling units in the C-G district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on July 7, 2016. At the public hearing, the Commission moved to recommend approval of the subject CPAM, AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant) ii. In opposition: Donna McDonald, iii. Commenting: Gary Glenn, Jerrod Jenkins iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 2 i. Traffic on Overland Road ii. Access to Overland Road c. Key Issues of Discussion by Commission: i. Design of the apartment ii. Access to Overland Road iii. Amenities provided with the development iv. Appropriateness of this property as part of the large Mixed Use designation d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0060, as presented in the staff report for the hearing date of July 7, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0060, as presented during the hearing on July 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0060 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 4225 E. Overland Road, in the NE ¼ of Section 21, Township 3N., Range 1E. B. Owner(s): William P. Bienapfl Jr. 2674 S. Andros Meridian, ID 83642 C. Applicant: DevCo, LLC 4824 W. Fairview Ave. Meridian, ID 83706 D. Representative: Conger Management Group 4824 W. Fairview Ave Meridian, Idaho 83706 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, annexation and a Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 3 conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 20 and July 4, 2016 (Commission); July 25 and August 8, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: June 10, 2016 (Commission); July 21, 2016 (Council) D. Applicant posted notice on site(s) on: June 24, 2016 (Commission); August 1, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property and agricultural production, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in Ada County 2. East: Commercial property, zoned RUT in Ada County 3. South: Agricultural property, zoned RUT in Ada County 4. West: Commercial property in the Silverstone Business Park, zoned C-G C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Overland Road. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Overland Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Eight Mile Creek is south of the proposed development and should not impact the development of this property however, there is a smaller drainage ditch that needs to be relocated or tiled with the development of the multi-family project. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of the site along the Eight Mile Creek is located in the Meridian Floodplain Overlay District. It appears the area proposed for the multi-family project is outside of this area. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION (CURRENT): This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single family homes at densities of 3 to 8 dwelling units per acre. See Exhibit A.2 for current FLUM. LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 25.97 acres of land from Medium Density Residential (MDR) to Mixed-Use Regional (MU-R) and 42.18 acres to Medium Density Residential Land Use designation. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 4 Mixed-Use Regional: The purpose of the Mixed-Use Regional designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 (Below). Medium Density Residential: The purpose of the Medium Density designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. TRANSPORTATION: The Master Street Map depicts a future north/south collector road in this area. The construction of this roadway is not proposed with the development of the multi-family development however, the proposed concept plan identifies a future road connection to Overland Road farther to the east. Although the applicant is proposing Overland Road access with the multi- family development, to increase inter-connectivity as envisioned in the Comprehensive Plan, staff recommends that the applicant grant cross access to the properties to the east and south with the development of the multi-family project. Further, the one access point to Overland Road is predicated on ACHD and City Council granting the approval. The transportation system for the MDR portion of the site will be reviewed with a future development application. DESIGN: The design of future structures on this site are required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development should incorporate high quality architectural design and materials consistent with the MU-R designation. In order for the development to be considered integrated with the adjacent MU-R designated property to the west, the proposed mixed use area (multi-family and future commercial Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 5 development) should be cohesive in site layout and architectural design of the business park to the west. The proposed concept plan depicts a multi-family development and future commercial property. The multi-family portion of the plan depicts 15 multi-family residential structures, containing a total of 312 dwelling units at a net density of 23.2 units/acre. The proposed density falls within the density range (6 to 40 units/acre) desired in MU-R designated areas. The commercial portion depicts ten (10) buildings, including a portion of which falls within the jurisdiction of the City of Boise’s Area of City Impact. These buildings vary in size from 40,000 s.f. to the smallest pad site of 3,500 s.f. The proposed plan depicts future layout, future connectivity to a public road road and internal connectivity (vehicular and pedestrian) with the multi-family development. In general, staff is supportive of the concept plan however; staff would encourage the applicant align the driveway between the future commercial and multi-family on the east boundary with the drive aisle between buildings D and F. There is not development proposed for the MDR portion of the site, At this time, the applicant is only requesting a land use designation. Staff anticipates more details of how this property will develop with a future development application. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): “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 multi-family residential development will contribute to the variety of residential uses that currently exist in this area (i.e. low and medium density). Staff is unaware of how “affordable” the units will be. “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to the Silverstone Business Park, nearby shopping centers), and major transportation corridors (I-84 and SH-55/Eagle Road), this property is ideal for providing higher density housing options. “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed multi-family development is located in close proximity to major access thoroughfares (i.e. I-84 and SH-55/Eagle Road) within the City. “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The existing rural residential properties to the north are across a major arterial roadway and should not be impacted by the proposed multi-family development on the south side of Overland Road. “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.5. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 6 “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) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. “Amend the Unified Development Code and Comprehensive Plan Future Land Use Map to ensure a wide variety of housing types can be developed and properly zoned and land is available” (3.07.01A) The area in the vicinity of Eagle Road and the I-84/Eagle Road interchange is limited in housing options. The proposed project would promote housing diversity and provide greater opportunities for residents to live near their place of employment and shopping centers. “Adopt land use designations that will allow for housing opportunities for all income levels.” (3.07.01D) Few of the major employment areas within the City are adequately supported with enough housing options. Density near employment centers allow for workforce housing and promote community resiliency, potentially reducing commute times and expenses, and allowing for increased community and economic engagement. “Require landscape street buffers for new development along all entryway corridors.” (2.01.02E) A 35-foot wide landscape buffer is required along E. Overland Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The development of multi-family homes on this site will contribute to the variety of housing types available in this part of the City. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. The applicant has indicated that they will construct an access to the existing stub street at E. Pewter Falls Street. The proposed access to Overland Road is predicated on the applicant obtaining a waiver from City Council and obtaining ACHD’s approval. “Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) Curb, gutter and sidewalks already exist along E. Overland Road. Portions between the curb and the sidewalk are improved with gravel. With the development of the multi-family project, the applicant should replace the existing gravel with vegetative groundcover in accord with UDC 11-3B-7C. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 7 a. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff finds that the requested Comprehensive Plan Map Amendment, Annexation and Conditional Use Permit would not unconstitutionally violate private property rights. A neighborhood meeting was held on April 27, 2016 of which 4 people attended (see sign-up sheet included in application). b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. School Facilities and Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. A letter was received from the West Ada School District stating that the proposed development is predicted to generate approxi mately 250 school aged children (spread over all grade levels) which West Ada School District claims will have a significant impact on schools in the district most of which are already operating at or over capacity. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, medical and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for Medium-Density Residential uses. However, because the site is located near major transit corridors (I-84 and Eagle Road/SH-55) and commercial and employment uses and services, Staff finds the proposed MU-R designation is appropriate for this site. e. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. f. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. g. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 8 h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be exte nded upon development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The proposed development will increase traffic within this area of the City; however, the nearby traffic corridors (i.e. Eagle Road/SH-55 and I-84) should provide efficient and safe transportation to and from the development. With the development of the multi-family project the applicant will need to construct an access road that connects the proposed multi-family development with E. Pewter Falls Street to facilitate access to a signalized intersection. The proposed development is also within walking and biking distance of many services, employment centers, public transit and public parks. The mixed use standards encourage integrated transportation connections. Additional access for the area, as shown on the concept plan, will be provided when the surrounding properties are developed and reviewed and approved with future development applications. j. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 240 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. However, the site is located within a couple of miles of Kleiner Park, a 60-acre regional park (Fairview Ave./Eagle Rd.) and Storey Park, a 16+/- acre city park (Franklin Rd/Main St.) k. Special Areas or Sites The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. l. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated for residential uses. The applicant proposes to change the land use designation on this property to MU-R and develop multi-family residential uses on the site at a gross density of 23.2 units/acre. Under the mixed use standards it is anticipated that future residential development will range in densities between 6 to 40 dwelling units to the acre. Staff believes the proposed change will provide housing opportunities near employment, shopping and medical services in close proximity to major transportation corridors (i.e. I-84 and Eagle Road/SH-55). m. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a high- density residential development consisting of 15 buildings with a total of 312 residential units. To ensure quality design, all future structures will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. n. Agriculture The subject amendment will impact areas being used for farming activities. The multi-family development will be constructed on land that was previously used as farm land. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 9 o. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. q. Public Airport Facilities This site is not designated for a public airport facility. SUMMARY: Because this site is located near Eagle Road/SH-55 and I-84, major transportation corridors in the City, and is in close proximity to shopping, employment and service uses, staff believes the MU-R and MDR designations and proposed development is appropriate for this property. If the change to the FLUM is approved, the proposed development will contribute to the mix of housing types in this area at a density desired in MU-R designated areas. The development will also provide housing options near commercial and employment areas located along Eagle Road and in the general vicinity. Convenient access to services and jobs for residents would also be provided. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (C-G): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-G zoning district. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in11-4-3-27C and 11-4-3- 27D. The standards listed in UDC 11-3G-3 do not apply to development of this site because the property is not in a residential district. F. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 10 A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 25.97 acres of land from Medium-Density Residential to Mixed Use- Regional. A concept plan for the entire proposed MU-R area was submitted with the subject application. The concept plan depicts a mixed use development consisting of ten (10) commercial buildings ranging in size from 40,000 square feet to 3,500 square feet, access to the future development and various other commercial site improvements and a 312 unit multi-family development. This is a first phase of a much larger development that is slated for a future application submittal (see applicant’s narrative for details). Note: Some of the area still remains within the City of Boise’s Area of City Impact as shown in Exhibit A.3. Prior to submitting an application to the City of Meridian, the applicant reached out to Boise City to determine the likelihood of being able to provide utilities to the 42.18 acres proposed to be included in the Comprehensive Plan Future Land Use Map. (The property to be included in the Comprehensive Plan Future Land Use Map is indicated in a purple box in Exhibit A.2). It was determined that Boise City could not provide utilities for the property in question. In a letter dated January 20, 2016 sent to Cody Riddle, the Current Planning Manager for Boise City, Warren Stewart of the City of Meridian indicated that the area in question was included in Meridian’s Master Planning for Sanitary Sewer and Water Services and that the property is serviceable by the City of Meridian (see Exhibit A.7). Subsequently, Boise’s City Council de-annexed the subject property on April 19, 2016 and a letter was sent to the applicant stating such (see Exhibit A.8). The applicant is now requesting to include this 42.18 acre parcel into the City of Meridian’s Comprehensive Plan Future Land Use Map with the MDR land use designation. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. B. Annexation & Zoning (AZ): The applicant requests approval to annex and zone 14.41 acres of land with a C-G zoning district consistent with the proposed FLUM designation of MU-R to develop the multi-family portion of the property. In the application submittal, the applicant did submit a tentative approval letter from Ada County Development Services approving a property boundary in the configuration of the proposed development. Staff recommends that the applicant submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 11 C. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed C-G zoning district as required by UDC Table 11-2A-2. The multi-family residential development is proposed to consist of 312 dwelling units within (15) 3-story structures on 13.51 acres of land. The units will consist of 204 2-bedroom units and 108 1-bedroom units containing 500s.f. and 1,200 s.f. respectively. A 4,389 s.f. clubhouse is proposed that will contain a business center, leasing office, exercise room, and enclosed bike storage with a covered patio. Associated garage (15) and carport structures (25) are also proposed (see site plan in Exhibit A.4). Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The patios proposed with the submitted floor plans do not comply with the required 80 s.f. of private open space per unit. At the time of Certificate of Zoning Compliance submittal, the applicant shall revise the floor plans to meet this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development. The submitted site plan shows the property management office, maintenance storage area, mailbox location. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units (312) contain between 500 and 1,200 square feet of living area, a minimum of 78,000 s.f. (or 1.79 acres) of common open space is required to be provided. A total of 2.55 acres of passive and active open space is proposed. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width dimension of 20 feet. The calculations table depicts 111,383 s.f. of common open space is proposed. For multi-family developments with more than one hundred (100) units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 312 units are proposed, the Commission should determine if the number of amenities is proportionate to the size of the proposed development each from at least one from each category (i.e. quality of life, open space, recreation). The applicant proposes to provide the following amenities: 1) clubhouse, 2) fitness facility (in the clubhouse), 3) a swimming pool, 4) a children’s play structure, 5) a 50’x 100’ open grassy area, and 6) enclosed bicycle storage (within the clubhouse), with the capability of storing approximately 60 bicycles, and 7) a business center (within the clubhouse) which fall under the quality of life and recreation categories. The applicant has provided seven (7) amenities as detailed above. Staff believes the applicant has provided sufficient amenities for the size of the proposed development. Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 12 Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the sides of the structures that face E. Overland Road. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the Certificate of Zoning Compliance application or prior to issuance of Certificate of Occupancy at the latest. Access: The primary entrance for the development is from E. Overland Road. The applicant has also proposed cross-access to the future commercial development to the east and depicts a road to the southwest corner of the apartments that will provide access to an existing stub street (E. Pewter Falls Street) from the Silverstone Campus Subdivision. The Master Street Map depicts a collector street from E. Overland Road through the proposed development. The applicant proposes to move the street farther east, to align with the future commercial. This would also provide access to future residential development to the south with a future development application. ACHD is currently analyzing this request with the applicant’s traffic impact study. At the time of this staff report, staff had not received comments from ACHD on the access points to the proposed development. Staff anticipates ACHD’s comments prior to the Council hearing. With the first phase of development, staff recommends that the applicant construct a southern access from the multi-family development to connect to E. Pewter Falls Street. Parking: Off-street vehicle parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6. For multi-family developments, parking standards are based on the number of bedrooms per unit – 1-bedroom units require 1.5 spaces per unit with at least one of those in a covered carport or garage and 2-bedroom units require 2 spaces per unit with at least one of those in a covered carport or garage. The proposed multi-family development consist of 108 one-bedroom units and 204 two-bedroom units bedroom units. A total of 332 covered spaces and 256 open spaces are proposed. The number of covered and open parking stalls proposed complies with UDC standards. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11-3C-6B. Based on 4,389 square feet, a minimum of 9 parking spaces are required to be provided. A minimum of one bicycle parking space for every 25 proposed vehicl e spaces or portion thereof is required to be provided on the site per UDC 11-3C-6G in accord with the standards listed in UDC 11-3C-5C. Based on 588 vehicle spaces proposed to be provided on the site, a minimum of 24 bicycle spaces are required. The applicant proposes a total of 190 bicycle parking spaces in bicycle racks dispersed throughout the site in compliance with this requirement. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C as proposed. A 25-foot wide buffer was created with the Silverstone Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 13 Campus Subdivision on the west boundary. Per the multi-family standards a minimum of a 10- foot wide setback is required along the perimeter of the project which should provide additional buffering for the residential units proposed next to the west boundary. Street buffer landscaping along E. Overland Road is required as set forth in UDC Table 11-2B-3. A 35-foot wide buffer is required along E. Overland Road, an entryway corridor. Landscaping is required to be installed within the street buffer in accord with the standards listed in UDC 11-3B-7C with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the development of the multi-family project. Fencing: Any fencing proposed to be constructed on the site shall comply with the standards listed in UDC 11-3A-7. A 7-foot tall wrought iron fence is proposed around the swimming pool; no other fencing is proposed. Fencing is not permitted within the required 35 foot landscape buffer along E. Overland Road. The gated entry off of E. Overland Road must be removed. Trash Enclosures: Trash enclosures (and other service functions) are required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas in accord with UDC 11 -3A- 12B. Five trash enclosures are depicted on the site. The number of enclosures, sizes and locations should be approved by Bob Olsen, Republic Services. A detail of the trash enclosures should be submitted with the Certificate of Zoning Compliance application(s). Building Elevations: Building elevations were submitted for the multi-family structures and clubhouse. (see Exhibit A.6). The applicant did not provide elevations of the garages or the carports. Prior to the Commission hearing, the applicant shall submit the elevation of the garages and the carport structures. Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant. Building materials for the multi-family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents and architectural laminated fiberglass roof shingles. Building materials for the garages and storage buildings consist primarily of fiber cement horizontal lapped siding with Portland cement stucco accents on the rear of the structures and asphalt roof shingles. Building materials for the garage/maintenance building consist of Portland cement stucco with asphalt roof shingles. Future structures built on the site are required to comply with the City’s design standards and guidelines in effect at the time of development and obtain design review approval; the proposed elevations are conceptual only and are not approved. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and Silverstone Apartments – CPAM, AZ, CUP H-2016-0060 PAGE 14 building design is required to be consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and the design standards and guidelines in effect at the time of submittal of the application. In summary, Staff recommends approval of the proposed CPAM, AZ and CUP applications with the conditions included in Exhibit B and approval of the proposed AZ application with a development agreement that includes the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed FLUM 3. Conceptual Area Plan (dated: 1/27/16) 4. Site Plan (dated: 11/18/15) 5. Landscape Plan (dated: 1/29/16) 6. Conceptual Building Elevations (dated: 6/27/15) 7. Letter from Warren Stewart (Meridian) 8. Letter from Cody Riddle (Boise) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code - 1 - Exhibit A.1: Zoning & Aerial Maps - 2 - Exhibit A.2: Existing & Proposed FLUM - 3 - Exhibit A.3: Conceptual Area Plan (dated: 1/27/16) Comp Plan Amendment CUP/ Annexation Boise City - 4 - Exhibit A.4 CUP Site Plan (dated: 11/18/15) - 5 - - 6 - Exhibit A.5: Landscape Plan (dated: 1/29/16) - 7 - - 8 - - 9 - Exhibit A.6: Conceptual Building Elevations (dated: 1/27/16) - 10 - - 11 - - 12 - - 13 - Exhibit A.7: Letter from Warren Stewart (Meridian) - 14 - Exhibit A.8: Letter from Cody Riddle (Boise) - 15 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The existing home and associated outbuildings shall be removed from the site prior to applying for a building permit. b. The record of survey for the reconfiguration of the property boundary shall be recorded with the County prior to approval of the annexation ordinance. c. Future development of this site shall substantially comply with the concept plan, site plan, landscape plan and architectural elevations included in Exhibit A and the conditions contained herein. d. A maximum of 312 residential dwelling units shall be constructed within this development. e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. f. A 35-foot wide street buffer is required to be constructed along E. Overland Road, an entryway corridor, with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. g. Site amenities shall be provided for this development from each of the amenity categories as follows: a tot lot with a children’s play structure and a pool; a 50’x 100’ open grassy area as an open space amenity; and a fitness facility, enclosed bike storage, conference/business center and clubhouse as quality of life amenities, in accord with the standards listed in 11-4- 3-27D. h. Cross-access shall be granted to the properties to the east and to the south for future inter- connectivity. The recorded cross access agreement shall be submitted with the first certificate of zoning compliance application. i. With the first phase of development for the multi-family, the applicant shall construct a southern access to connect to E. Pewter Falls Street as shown in the attached Exhibit. 1.1.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 1.1.3 The landscape plan included in Exhibit A.3, dated January 29, 2016, is approved with the conditions contained herein. 1.1.4 The site plan included in Exhibit A.4, dated November 18, 2015, shall be revised as follows: a. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of the directory map. - 16 - b. Parking shall comply with the standards listed in UDC 11-3C-6 for multi-family dwellings and for the clubhouse listed in UDC 11-3C-6B. c. With the first phase, construct an access from the southwest corner of the Silverstone Apartments property to the existing stub street (E. Pewter Falls Street) in the Silverstone Campus Sub. d. Include a detail of the trash enclosures. e. Remove the gate from the E. Overland Road access. f. Remove the fencing from the required 35 foot landscape buffer or relocate to the interior edge of the street buffer. g. The cross access drive on the east boundary of the multi-family development shall shift to the south and align with the drive aisle between building D and F. 1.1.5 Submit a detail of the proposed children’s play equipment for the tot lot with the certificate of zoning compliance application. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.1.7 The submitted floorplans do not provide the required 80 square feet of private open space per unit. With the CZC submittal, the applicant shall submit floorplans that meet the requirements as set forth in UDC 11-4-3-27. 1.1.8 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.1.9 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.10 The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. A copy of the document(s) shall be submitted with the first Certification of Zoning Compliance application. 1.1.11 Prior to the Commission hearing, the applicant shall submit the elevation of the garages and the carport structures. 1.1.12 Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. 1.1.13 The applicant shall obtain a Council waiver for the access to Overland Road in accord with UDC 11-3A-3. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. - 17 - 1.2.4 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. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the development of the multi-family project. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 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. 1.2.11 Provide bicycle parking spaces as proposed on the site plan. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Architectural Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 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. 1.4 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 conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-5B-6F1 or 2) gain approval of a time extension as set forth in UDC 11-5B-6F4. - 18 - 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.3 Provide a water main stub to the southern project boundary in the newly required stub street. 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 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 9-1-28(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 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 final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. - 19 - If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 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 11-1-4(b). 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 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 - 20 - 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. 2.2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs 4.2 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. 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 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 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. 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 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. 4.7 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) - 21 - 4.8 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.11 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. 4.12 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.13 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.14 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.15 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.16 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.17 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 requested details of the trash enclosures. Please coordinate with Bob Olson, Republic Services (208-345-1265 or rolson@republicservices.com) and obtain approval of the trash enclosure prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT At the time of the Commission hearing, staff had not yet received a staff report from ACHD regarding this application. - 22 - - 23 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary - 24 - - 25 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Staff finds that the proposed changes, as recommended by staff, to the Future Land Use Map are generally consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Staff finds that the proposal to modify the Future Land Use Map to allow for Mixed Use - Regional uses will be compatible with existing and future residential and commercial uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Staff finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Staff finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Staff finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses if the applicant complies with the conditions in Exhibit B. f. The proposed amendment will not burden existing and planned service capabilities. Staff finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Staff finds the proposed multi-family development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject Findings above, Staff finds that the proposed amendment is in the best interest of the City. 2. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: - 26 - a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds that the proposed map amendment to C-G is consistent with the proposed MU-R FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, Staff finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statements of the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Staff finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B andf enters into a development agreement. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the C-G zoning district and the specific use standards for multi-family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed multi-family residential use in the C-G zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. - 27 - Staff finds that the general design, construction, operation and maintenance of the multi- family use will be compatible with existing residential and future commercial uses in the vicinity and with the existing and intended character of the area and will not adversely change the character of the area. Staff recommends that the Commission and Council consider any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6H PROJECT NUMBER: H-2016-0068 ITEM TITLE: Velvet Point Findings of Fact, Conclusions of Law for Approval for Velvet Point Subdivision (H-2016- 0068) by Mussell Construction Located 2795 S. Velvet Falls Way MEETING NOTES 9 APPROIED 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 CASE NO(S). H-2016-0068 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Combined Preliminary and Final Plat Consisting of One (1) Building Lot on 0.19 of an Acre of Land in the R-4 Zoning District for Velvet Point Subdivision , by Mussell Construction Case No(s). H-2016-0068 For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 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 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-2016-0068 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 16, 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 a combined preliminary and final plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 16, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0068 - 3 - F. Attached: Staff Report for the hearing date of August 16, 2016 By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED kC, COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Y4, COUNCIL, MEMBER LUKE CAVENER VOTED 6t COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED " (TIE BREAKER) Mayor Tammy Weerd QgP,rD A UGVsr, r,Attest: _ 'moo c•��y .r w (E IDIAN+� z '� IDAHO -Z C. - y Coles City Clerk 2TFRorrha TReP���� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:y, -�w/ 604 Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0068 - 4 - Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 1 STAFF REPORT HEARING DATE: July 7, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Velvet Point Subdivision – PFP (H-2016-0068) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Mussel Construction, has submitted an application for a combined preliminary and final plat (PFP) consisting of 1 building lot on 0.19 acres of land in the R-4 zoning district for Velvet Point Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PFP application based on the Findings of Fact and Conclusions of Law in Exhibit C of this report. The Meridian Planning & Zoning Commission heard these items on July 7, 2016. At the public hearing, the Commission moved to recommend approval of the subject Preliminary and Final Plat requests. a. Summary of Commission Public Hearing: i. In favor: Kent Mussell (Applicant) ii. In opposition: Erick Shaner iii. Commenting: Eric Shaner iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Losing this as “open space” for the existing development. c. Key Issues of Discussion by Commission: i. Height of the proposed home, whether one-story of two-story. d. Commission Change(s) to Staff Recommendation: i. The applicant shall comply with the submitted elevation. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 16, 2016. At the public hearing, the Council approved the subject combined preliminary and final plat request. a. Summary of City Council Public Hearing: i. In favor: Kent Mussell (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None di. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0068, as presented in the staff report for the hearing date of July 7, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0068, as presented during the hearing on July 7, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0068 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 2795 S. Velvet Falls Way, in the SE ¼ of Section 19, Township 3N., Range 1E. B. Applicant/Representative: Mussel Construction PO Box 3304 Nampa, ID 83651 C. Owner: Nampa & Meridian Irrigation District 1503 1 st Street Nampa, ID 83651 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a combined preliminary and final plat. A public hearing is required before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 20 and July 4, 2016 (Commission) July 25 and August 8, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: June 16, 2016 (Commission) July 21, 2016 (Council) D. Applicant posted notice on site(s) on: June 20, 2016 (Commission) August 1, 2016 (Council) Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 3 VI. LAND USE A. Existing Land Use(s): The parcel was created in 1998 as Lot 5, Block 7 of the Salmon Rapids Subdivision No.4. The lot was created as a common lot for the subdivision and housed an irrigation well and pump house. The pump house and well have been abandoned and removed from the property. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The property is located within Salmon Rapids Subdivision No. 4 and is surrounded by single- family residential parcels, zoned R-4. C. History of Previous Actions: • The preliminary plat for Salmon Rapids Subdivision was approved in 1994, and the Salmon Rapids No. 4 Final Plat was approved in 1995. D. Utilities: 1. Location of sewer: The city currently owns and maintains sanitary sewer mains directly adjacent to the proposed development. 2. Location of water: The city currently owns and maintains water mains directly adjacent to the proposed development. 3. Issues or concerns: The applicant shall be responsible for the installation of additional water and sewer services to the project. E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). 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 applicant proposes to develop this 0.19 acre site with one (1) single-family structure, which is consistent with the density desired in MDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics ): • “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The single-family residential development will contribute to the variety of housing types available within this part of the City. • “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 sewer and water services are available to be extended to the subject property with development of the site. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 4 • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The single-family residential development should be compatible with existing single-family residential uses within the existing subdivision. • “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I) The subject property is adjacent to existing medium density homes and similar lot sizes as the property is located within the Salmon Rapids Subdivision. VIII. UNIFIED DEVELOPMENT CODE 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. The medium density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 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. The proposed use of the site for single- family detached dwellings is 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 Tables 11-2A-5 for the R-4 zoning district. D. 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: PRELIMINARY /F INAL PLAT (PFP): A combined preliminary and final plat is proposed consisting of 1 building lots on 0.19 of an acre in the R-4 zoning district for Velvet Point Subdivision (see Exhibit A.2). The lot was originally designated as a common lot for the Salmon Rapids Subdivision but was never landscaped as part of the development. Later, it was deeded to Nampa Meridian Irrigation District to be used as a well lot for irrigation purposes. The lot is no longer needed by NMID and it has become a surplus lot in which the applicant intends to purchase to construct a new single family home. The lot was never included in the open space requirements for the Salmon Rapids Subdivision. A site plan and home elevations have been submitted with application that shows a home can dimensionally fit on the buildable lot. Staff has verified the proposed plat complies with the dimensional standards listed the R-4 zoning district. Because the proposed lot was platted as a common lot City utilities were not stubbed to the property. With the development of the home, the applicant will be required to extend water and sewer service to the parcel. Since the parcel was platted with Salmon Rapids, the applicant has discussed incorporating the subject property into the Salmon Rapids Homeowner’s Association (HOA); however, an official agreement has not yet been reached. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 5 Fencing: If fencing is proposed as part of the construction of the lot, it must comply with the fencing standards set forth in UDC 11-3A-7. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit C. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 6 X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary/Final Plat (dated: 05/27/2016) 3. Site Plan 4. Elevations B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Required Findings from Unified Development Code Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 7 Exhibit A.1: Vicinity/Zoning Map Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 8 Exhibit A.2: Preliminary/Final Plat (dated: 05/27/2016) Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 9 Exhibit A.3: Site Plan Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 10 Exhibit A.4: Elevations Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 11 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Development of the site shall substantially comply with the preliminary/final plat, site plan and elevations included in Exhibit A, and the conditions in this report. 1.1.2 If an agreement can be reached with the Salmon Rapids HOA, the applicant shall amend the CCR’s and incorporate the proposed subdivision . Written documentation of this occurring shall be provided prior to signature on the final plat. 1.1.3 The applicant shall record the final plat prior to applying for a building permit. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 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. 1.2.3 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.4 Construct all off-street parking areas consistent with the standards as set forth in UDC Table 11- 3C-6. 1.2.5 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.2.6 The project is subject to all current City of Meridian ordinances. 1.2.7 The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 1.2.8 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. 1.2.9 The preliminary/final 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 of the approval of this combined preliminary/final plat; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.2.10 The applicant shall comply with the submitted elevations. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the installation of additional water and sewer services to the subject development. 2.1.2 A street lighting plan will not be required for this project. 2.1.3 Applicant shall be required to utilize the existing pressurized irrigation system serving the Salmon Rapids Subdivision. 2.1.4 The existing well on the site shall be properly abandoned per the guidelines of the Idaho Department of Water Resources, contact Robert B. Whitney at (208)334-2190. 2.2 General Conditions of Approval 2.2.1 Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 12 2.2.2 All grading of the site shall be performed in conformance with MCC 11-1-4(b). 2.2.3 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. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comment on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comment on this application. 7. ADA COUNTY HIGHWAY DISTRICT ACHD has no conditions for this project. Exhibit A Velvet Point Subdivision – PFP H-2016-0068 PAGE 13 C. Required Findings from Unified Development Code 1. PRELIMINARY PLAT : In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, 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; City Council finds that public 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 have already been provided to the first phase and will be provided by the developer to the second phase at their own cost, 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; City Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. City Council considers all public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which City Council is unaware. f. The development preserves significant natural, scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 61 PROJECT NUMBER: H-2016-0099 ITEM TITLE: TM Crossing Subdivision No. 1 Final Order for Approval for TM Crossing Subdivision No. 1 (H-2016-0099) by Brighton Development Located at the Northeast Corner of 1-84 and S. Ten Mile Road 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 TM CROSSING SUBDIVISION NO. 1 (H-2016-0099) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 23, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY (20) BUILDING LOTS AND ONE (1) COMMON AREA LOT ON 36.54 ACRES OF LAND IN THE C-G ZONING DISTRICT FOR TM CROSSING SUBIDIVISION NO. 1 BY: BRIGHTON DEVELOPMENT APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0099 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on August 23, 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 TM CROSSING SUBDIVISION, LOCATED IN A PORTION OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: 7/20/2016, by LAWRENCE H. KOERNER, PLS, SHEET 1 OF 4,” is conditionally approved subject to those conditions of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 1 (H-2016-0099) Page 2 of 3 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 August 23, 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 Mike Wardle, 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 . r Attest: C.Jay Cole City Clerk '2016. W � f o�Q�RpT6Dq(�G,�iP y: ZG �� Tammy de (1, �r w?Vlayor, Cit E rD1AN16— �oAHO SEAL Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: W 71 1(o ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CROSSING SUBDIVISION NO. 1 (H-2016-0099) Page 3 of 3 EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 1 STAFF REPORT MEETING DATE: August 23, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: TM Crossing Subdivision No. 1 – FP (H-2016-0099) I. APPLICATION SUMMARY The applicant, Brighton Development, has applied for final plat (FP) approval of 20 commercial building lots and 1 common area lot on 36.54 acres of land in the C-G zoning district for the first phase of TM Crossing Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the TM Crossing Subdivision No. 1 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-2016-0099 as presented in the staff report for the hearing date of August 23, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0099, as presented during the hearing on August 23, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0099 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 at the northeast corner of Interstate 84 and S. Ten Mile Road, in the SW ¼ of Section 14, T. 3N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Same as Applicant EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 2 D. Representative: Van Elg, Brighton Development 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts 20 commercial building lots and 1 common area lot on 36.54 acres of land in a C-G zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP-12-003). Because the number of proposed buildable lots is fewer than shown on the approved preliminary plat and the amount of common area is the same, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all previous conditions of approval associated with this development (CPAM-12-001; AZ-12-005, Development Agreement #114002254), PP-12-003; TED-14-001; H-2016-0054). 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of Director approval of the preliminary plat time extension (TED-14-001), by October 2, 2016, or apply for another 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. The final plat included in Exhibit C prepared by The Land Group Horrocks Engineers, stamped on 7/20/16 by Lawrence H. Koerner, shall be revised as follows: a. Note #8: Include the recorded instrument number of the ACHD License Agreement. b. Note #9: Include lot and block numbers. c. Note #13: Include the instrument number for the development agreements (#114002254 & 2016-062220). d. Note #14: Correct the typo, “. . . S. Vanguard Waty . . .” 5. The landscape plan included in Exhibit D prepared by The Land Group Baer Design Group, LLC, dated 5/6/16, shall be revised as follows: a. A 20-foot wide street buffer is required along collector streets; and a 10-foot wide buffer is required along local streets per UDC Table 11-2B-3, planted in accord with the standards listed in UDC 11-3B-7C. The buffer and sidewalk required adjacent to the northern off-site portion of S. Vanguard Way will be provided by the adjacent property owner upon development. b. Include a calculations table demonstrating compliance with UDC standards (Table 11-2B-3, 11-3A-17E and 11-3B-7C) including the following: 1) Width of street buffers, lineal feet of street frontage, and number of street trees; 2) Width of parkways, lineal feet and number of street trees; and 3) tree class. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 3 7. Up to three (3) building permits are allowed to be obtained in this phase prior to recordation of the final plat per the amended development agreement (#2016-062220). 8. The easements for the Purdam Drain and Taylor Drain shall be vacated prior to signature on the final plat by the City Engineer per requirement of the preliminary plat. 9. The developer shall design the roundabout at the north boundary of the site so that right-of-way (ROW) boundaries are determined but design and construct the road without the roundabout, including interim connections to service drives; and dedicate ROW on the subject property for the future roundabout and submit funds to ACHD for the construction cost of the roundabout, less design costs, and design and construction costs for the interim street section. At the time the property owner to the north plats any portion of the adjacent property, that owner would be obligated to construct a full roundabout, including modifications to any interim access points, per requirement of the preliminary plat. 10. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 11. The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 12. Applicant shall be required to complete a looped water system connection via the existing right of way connection in alignment with W. Verbena Drive, to the existing mainline in W. Waltman Street. This completion of this looped connection is required prior to the Certificate of Occupancy being issued on the second building within this phase. 13. Developer shall also be responsible for the installation of a water pressure reducing valve (PRV) station per the 2016 City of Meridian Public Works Design Standards, which will include: a) Providing a location for the PRV vault, landscape areas are preferred to street installations. b) Providing and installing a concrete PRV vault per the specifications provided by the Public Works Engineering Division. c) Providing and easement for the PRV vault outside of the public right of way. d) Providing an electrical service to the PRV vault. Coordinate the location and electrical requirements with the Public Works Engineering Division. e) Providing conduit run per standard details to a suitable site for an antenna. f) Stubbing the water mainline to the inside of the vault and installing PVC water pipe between the ductile iron spools where the PRV valves and appurtenances will be installed by the City at a later date. EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 4 The City of Meridian will purchase and install the PRV, interior piping, valves and telemetry equipment needed to operate the new PRV. 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 beyond the three (3) allowed by the amended development agreement #2016- 062220. 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. 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. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved, or bonded, prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-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. EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 5 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 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any 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. EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 6 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and 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. City Council granted a waiver with the preliminary plat to allow the Purdam and Taylor drains to remain open in their re-located locations. V. EXHIIBITS A. Vicinity Map B. Preliminary Plat (dated: 7/16/12) C. Proposed Final Plat (dated: 7/20/16) D. Proposed Landscape Plan (dated: 5/6/16) EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 7 Exhibit A – Vicinity Map EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 8 Exhibit B – Preliminary Plat (dated: 7/16/12) EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 9 Exhibit C – Proposed Final Plat (dated: 7/20/16) EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 10 EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 11 Exhibit D – Proposed Landscape Plan (dated: 5/6/16) EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 12 EXHIBIT A TM Crossing Subdivision No. 1 – FP H-2016-0099 13 EXHIBIT B 1 APPLICANT RESPONSE TM Crossing Subdivision (FP H-2016-00099) Conditions of Approval August 18, 2016 VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all previous conditions of approval associated with this development (CPAM- 12-001; AZ-12-005, Development Agreement #114002254), PP-12-003; TED-14-001; H-2016-0054). Applicant Response: Concur, with clarification: The reclaimed water requirement cited in proposed Site- Specific Conditions 10 and 11, below—and which we propose to modify/delete—stems from a conflict between conditions 2.4 and 2.17 of the original project approval as incorporated into the development agreement. The former cites the MCC 12-13-8.3 requirement “to use any existing surface or well water for the primary [irrigation] source,” whereas the latter states that the client “agrees to utilize…reclaimed water as the primary water supply source.” This issue was discussed with the Council during the original project approval hearings in 2012, with a commitment to consider the option, but without agreement to use reclaimed water given the uncertainty of the source—which still exists—and the Idaho Code 67-6537 requirement to use “surface water, where reasonably available, as the primary source for irrigation.” Thus, compliance “with all previous conditions of approval” requires resolution of the cited conflicts and final determination by the Council of the “primary” irrigation source. 2. The applicant shall obtain the City Engineer’s signature on the final plat within two years of Director approval of the preliminary plat time extension (TED-14-001), by October 2, 2016, or apply for another time extension, in accord with UDC 11-6B-7. Applicant Response: Concur 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Applicant Response: Concur 4. The final plat included in Exhibit C prepared by The Land Group Horrocks Engineers, stamped on 7/20/16 by Lawrence H. Koerner, shall be revised as follows: a. Note #8: Include the recorded instrument number of the ACHD License Agreement. b. Note #9: Include lot and block numbers. c. Note #13: Include the instrument number for the development agreements (#114002254 & 2016-062220). d. Note #14: Correct the typo, “. . . S. Vanguard Waty . . .” Applicant Response: Concur, as corrected 5. The landscape plan included in Exhibit D prepared by Baer Design Group, LLC, dated 5/6/16, shall be revised as follows: a. A 20-foot wide street buffer is required along collector streets; and a 10-foot wide buffer is required along local streets per UDC Table 11-2B-3, planted in accord with the standards listed in UDC 11-3B-7C. The EXHIBIT B 2 buffer and sidewalk required adjacent to the northern off-site portion of S. Vanguard Way will be provided by the adjacent property owner upon development. b. Include a calculations table demonstrating compliance with UDC standards (Table 11-2B-3, 11-3A-17E and 11-3B-7C) including the following: 1) Width of street buffers, lineal feet of street frontage, and number of street trees; 2) Width of parkways, lineal feet and number of street trees; and 3) tree class. Applicant Response: Concur 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. Applicant Response: Concur 7. Up to three (3) building permits are allowed to be obtained in this phase prior to recordation of the final plat per the amended development agreement (#2016-062220). Applicant Response: Concur 8. The easements for the Purdam Drain and Taylor Drain shall be vacated prior to signature on the final plat by the City Engineer per requirement of the preliminary plat. Applicant Response: Concur 9. The developer shall design the roundabout at the north boundary of the site so that right-of-way (ROW) boundaries are determined but design and construct the road without the roundabout, including interim connections to service drives; and dedicate ROW on the subject property for the future roundabout and submit funds to ACHD for the construction cost of the roundabout, less design costs, and design and construction costs for the interim street section. At the time the property owner to the north plats any portion of the adjacent property, that owner would be obligated to construct a full roundabout, including modifications to any interim access points, per requirement of the preliminary plat. Applicant Response: Concur (For information only: Negotiations currently underway with the owner of the property to the north may result in moving the roundabout location to his property) 10. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary secondary source of irrigation water if the City is able to provide assurance said source is available, reliable, and sufficient for all phases of the project. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. 11. The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. EXHIBIT B 3 Applicant Response: The conflict between the original project conditions cited in the Applicant Response to Site-Specific Condition #1, above, remains in proposed Site-Specific Conditions 10 and 11 and General Requirements Condition #23 (Original Condition #2.4); for ease of comparison, Condition #23 follows: 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. In anticipation of this issue, we consulted a water rights attorney and the Nampa & Meridian Irrigation District (NMID) for clarity. The applicable State Code, Section 67-6537 (see page 7), requires the use of surface water as the primary water source for irrigation, “where reasonably available.” The last page of this response is NMID’s July 25th letter (in which the applicable State Code section is also cited) addressing that specific question. The District notes that it has “no agreement with any entity, on the use of reclaimed water on lands within the district boundaries,” and states that “The surface water supplied by NMID should be viewed as the primary source for irrigation water to this property.” Absent an agreement between the City and the District, and the State Code’s “shall be required to use” mandate, we believe that the City’s reclaimed water must be limited to secondary use—if the City is able to assure the reliability of the source. 12. Applicant shall be required to complete a looped water system connection via the existing right of way connection in alignment with W. Verbena Drive, to the existing mainline in W. Waltman Street. This completion of this looped connection is required prior to the Certificate of Occupancy being issued on the second building within this phase. Applicant Response: Concur 13. Developer shall also be responsible for the installation of a water pressure reducing valve (PRV) station per the 2016 City of Meridian Public Works Design Standards, which will include: a) Providing a location for the PRV vault, landscape areas are preferred to street installations. b) Providing and installing a concrete PRV vault per the specifications provided by the Public Works Engineering Division. c) Providing and easement for the PRV vault outside of the public right of way. d) Providing an electrical service to the PRV vault. Coordinate the location and electrical requirements with the Public Works Engineering Division. e) Providing conduit run per standard details to a suitable site for an antenna. f) Stubbing the water mainline to the inside of the vault and installing PVC water pipe between the ductile iron spools where the PRV valves and appurtenances will be installed by the City at a later date. The City of Meridian will purchase and install the PRV, interior piping, valves and telemetry equipment needed to operate the new PRV. Applicant Response: Concur VII. GENERAL REQUIREMENTS EXHIBIT B 4 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. Applicant Response: Concur 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. Applicant Response: Concur 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 beyond the three (3) allowed by amended development agreement #2016-062220. Applicant Response: Concur, as modified 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. Applicant Response: Concur 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. Applicant Response: Concur 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Applicant Response: Concur 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Applicant Response: Concur 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved, or bonded, prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. Applicant Response: Concur, as modified EXHIBIT B 5 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. Applicant Response: Concur 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. Applicant Response: Concur 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant Response: Concur 12. Developer shall coordinate mailbox locations with the Meridian Post Office. Applicant Response: Concur 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. Applicant Response: Concur 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. Applicant Response: Concur 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. Applicant Response: Concur 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. Applicant Response: Concur 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. Applicant Response: Concur 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. EXHIBIT B 6 Applicant Response: Concur 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 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 signature of the final plat by the City Engineer. Applicant Response: Concur, as modified. The Council approved this text change in its July 5th approval of Bainbridge Park Subdivision final plat. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Applicant Response: Concur 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. Applicant Response: Concur 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. Applicant Response: Concur 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. Applicant Response: Concur, as modified (see related Site-Specific Conditions #10 and 11, above) 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be 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. Applicant Response: Concur, with the qualification that the City Council granted a waiver in 2012 to allow the Purdam and Taylor drains to remain “open” when they were relocated several years ago. EXHIBIT B 7 EXHIBIT B 8 Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Task Order 10594.a to J -U -B Engineers Approval of Task Order 10594.a to J -U -B Engineers for the "Water and Sewer Main Replacement - E State Ave from Meridian Rd to Cathy Ln - DESIGN" project for a Not -To - Exceed amount of $109,260.00 MEETING NOTES u� APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Jared Hale Date: 8/29/16 Re: September 6th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 6th City Council Consent Agenda for Council’s consideration. Approval of Task Order 10594.a to J-U-B Engineers for the “Water and Sewer Main Replacement – E State Ave from Meridian Rd to Cathy Ln - DESIGN” project for a Not-To-Exceed amount of $109,260.00 Recommended Council Action: Award of Task Order 10594.a to J-U-B Engineers for the Not-To-Exceed amount of $109,260.00 Thank you for your consideration. City of Meridian Purchasing Dept. L V16E IDIA14 Public IH - Works Department TO: Keith Watts, Purchasing Manager FROM: Jared Hale Engineering Project Manager DATE: 8/18/16 Mayor Tammy de Weerd City Coandl Memberse Keith Bird Joe Borton Whe Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: WATER AND SEWER MAIN REPLACEMENT — EAST STATE AVENUE, MERIDIAN ROAD TO CATHY LANE — DESIGN TASK ORDER WITH J.U.B. ENGINEERS, INC. FOR A NOT -TO -EXCEED AMOUNT OF $109,260. I. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 489-0370 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background The original water and sewer infrastructure in the downtown core of Meridian is reaching the end of its useful life. Replacement and/or rehabilitation are needed to continue to provide reliable service. The City has implemented an infrastructure replacement program to address mains that do not meet existing City size standards, are of substandard materials, or are approaching their end of service life. Many of the older sewer lines are located in backyards of residences, some without permanent easements. These lines are very difficult to access, clean and maintain by the City's collection system staff. Where practical, these sewer lines are being relocated into the public right-of-way. The sewer services are being rerouted from the backyard, around the home, and out to the street to connect to the new sewer main. Page I of 2 B. Proposed Project The task order will include the design of new water and sewer infrastructure. The water infrastructure design will include 900 lineal feet of 8" water main and 24 replaced water services on East State Avenue between Meridian Road and NE 2nd Avenue. The sewer design will include 2,300 lineal feet of 8" sewer main in East State Avenue between Meridian Road and Cathy Lane along with 350 lineal feet of sewer main on NE 4th Street between East State and Pine Avenue. The project will include coordination with adjacent property owners to survey existing sewer services and determine the most practical route for the new service within their property. C. Describe Item This design task order is a portion of a larger overall project to include the construction of these replacement water and sewer mains and services. This construction will be included in an enhancement for Fiscal Year 2019. III. IMPACT A. Fiscal Impacts Project Costs: Fiscal Year 2016 Design Task Order 3490-95000 $12,692.00 Amount Design Task Order 3590-95000 $96,568.00 Amount Total Project Cost $109,260.00 Project Funding Fiscal Year 2016 Account Code / Codes Available Funding 3490-95000 $12,692.00 Available Funding 3590-95000 $190,911.04 Total Funding $203,603.04 B. Project Timing Council's approval will allow for the design of important water and sewer main replacement im ro ements Departmental Approval: Page 2 of 2 CONTRACT CHECKLIST Date:REQUESTING DEPARTMENT Project Name: Project Manager:Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order?Yes No Change Order No. Fund:Budget Available (Purchasing attach report): Department Yes No Construction GL Account FY Budget:Task Order Project Number:Enhancement:Yes No Professional Service Equipment Will the project cross fiscal years?Yes No Grant Grant #:Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed)www.sam.gov Print and attach Master Agreement Category (Bid Results Attached)Yes No (Ratings Attached)Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date:Corporation Status Insurance Certificates Received (Date):Expiration Date: Rating: A Payment and Performance Bonds Received (Date):Rating: Builders Risk Ins. Req'd:Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda:By: Purchase Order No.:Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $109,260Jared Hale If yes, has policy been purchased? JUB Engineers III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete) 60 3490 & 35950 95000 10594.a TASK ORDER 2C RFP / RFQBID VII. TASK ORDER SELECTION (Project Manager to Complete) JUB's cost estimate was compared with their past estimate for sewer main replacement project (East Washington and Carlton) along with other consultants on the roster estimates for similar work, MSA's sewer main replacement project (Gregory Lift Station Abandonment) and Civil Survey's (ACHD Pine Ave Meridian Rd. to Locust Grove Rd Water & Sewer Replacement. The costs were fair and reasonable. N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Clint Dolsby 7/28/2016 August 29, 2016 N/A I. PROJECT INFORMATION 8/24/2016 8/1/2017 N/A N/A 16 7/28/2016 PUBLIC WORKS WATER AND SEWER MAIN REPLACEMENTS - E. STATE AVE (MERIDIAN RD. TO CATHY LN) V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION 10/22/2013 N/A N/A N/A N/A GoodstandingN/A N/A E tII IDSOS Viewing Business Entity Page 1 of3 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summarv ] Get a certjf&ate af€xlstelce for ] U:A E NGINEERS- INe,'l I Monitor J-U-B ENGINEERS, ]NC. business filinos ] J-U-B ENGTNEERS, INC. 250 S BEECHWOOD AVE STE 201 BOISE, ID 83709 Type of Business: CORPORATION, GENERAL BUSINESS Statusi GOODSTANDING 21 Mar 1969 State of Origin: IDAHO Date of 21 Mar 1969 origination/Authorization: Current Registered Agent: PAUL D. FISK 250 S BEECHWOOD AVE STE 201 BOISE, ID 83709 Organizational ID / Filing C40658 N umber: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 22 Jan 2016 Annual Report Due: Mar 2017 Original Filing: I Helo Me Print/view TIFF ] Filed 21 Mar 1969 INCORPORATION view Imaoe (PDF format) Vie* I.aoe (TIF F forrnat) Amendments: I Help Me Print/View TIFF ] PDF format)View t Annual Reports: View Imaqe Imaqe (TIFF format) wlm View Imaqe (TIFF format) View Imaqe (PDF format) Imaqe (TI F format) View Imaq e (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) wI rm e ( PDF format)View TM Amendment Filed Amendment Filed Amendment Filed Amendment Filed Amendment Filed Amendment Filed 05 lun L973 23 Apr 1975 O7 Jun L979 02 Sep 1980 08 Dec 1980 08 Dec 1980 STOCK CHANGE STOCK CHANGE OTHER. APPT OF RA OTHER - CHG OF RA . ARLIN BROSKE, BOISE ARTICLES RESTATEM ENT STOCK CHANGE https ://www.accessidaho'org/public/sos/corp/C40668'html View Imaq Ima 812312016 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: FAX PHONE (A/C, No): (A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR INSR POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS POLICY NUMBER LTR (MM/DD/YYYY) (MM/DD/YYYY) INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident) AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH- WORKERS COMPENSATION STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) JUBEN-1 OP ID: NW 08/24/2016 Jeremy Kroll The Hartwell Corporation - Cal PO Box 400 Caldwell, ID 83606 Jeremy Kroll 208-459-1678 208-454-1114 Charter Oak Fire Insurance Co 25615 Travelers Casualty and Surety 31194 J-U-B Engineers, Inc. 250 S Beechwood Ave, Suite 201 Boise, ID 83709 Travelers Indemnity Co of Am. 25658 XL Specialty Insurance Co. 37885 A X 1,000,000 X X X 680-4H544308 08/01/2016 08/01/2017 1,000,000 X CGD381 10,000 CGD379 1,000,000 2,000,000 X 2,000,000 1,000,000 A X BA7776N058 08/01/2016 08/01/2017 X CAT353 CAT442 X B UB0540T503 08/01/2016 08/01/2017 1,000,000 NB EMPLOYERS STOP GAP 08/01/2016 08/01/2017 1,000,000 1,000,000 D Profes Liability DPR9802682 04/02/2016 04/02/2017 Ea Claim 5,000,000 $200,000 Deductibl Annl Aggr 5,000,000 Master Agreements for the Professional Services MERID04 City of Meridian 33 E Broadway Ave Meridian, ID 83642 IDSOS Viewing Business Entity Report for year 2016 Report for year 2015 Report for year 2014 Report for year 2013 Report for year 2012 Report for year 2011 Report for year 2010 Report for year 2OO9 Report for year 2OO8 Report for year 2OO7 Report for year 2006 Report for year 2OO5 Report for year 2OO4 Report for year 2OO3 Report for year 2OO2 Report for year 2OO1 Report for year 1999 Report for year 1998 Report for year 1997 Report for year 1996 Report for year 1995 Report for year 1994 Report for year 1993 Report for year 1992 Report for year 1991 Report for year 1990 Report for year 1989 Page 2 of 3 I Help Me Print/View TIFF ] View Docu ment Online View Document Online View Document Online View Docu ment Online View Docu ment Online View Docu ment Online View Docu ment Online View Docu ment Online View Imaqe (PDF format)View Imaqe (TIFF format) View Imaqe (PDF format)Vaew Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe (TIFF format) View Imaqe ( PDF format) View Imaoe (TIFF format) View Imaoe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format)View Imaqe (TIFF format) View Imaqe (PDF format)View Imaqe (TIFF format) View Imaqe (PDF format)Vaew Imaoe (TIFF format) View Imaqe (PDF format) m T] FF rmat View Imaoe (PDF format) View Imaoe (TIFF format) View Imaqe PDF format)View Imaoe (TIFF format) View Imaqe PDF format) Imaqe (TIFF format) View Imaqe (PDF format) View Imaoe (TIFF format) View Imaqe (PDF format)View Imaqe (TIFF format) View Imaqe (PDF format) Imaoe (TIFF format) View Imaqe (PDF format) View Imaoe (TI FF format) maoe (PDF for mat)View Imaoe (TIFF format) ANNUAL ANNUAL AN NUAL AN NUAL AN NUAL ANNUAL AN NUAL AN NUAL AN NUAL REPORT ANNUAL RE PORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL RE PORT ANNUAL RE PORT AN NUAL REPORT AN NUAL REPORT ANNUAL REPORT ANNUAL REPORT AN NUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT ANNUAL REPORT REPORT REPORT REPORT REPORT REPORT REPORT RE PORT REPORT https ://www.accessidaho.orgipublic/sosicorp/C40668.html View I 8t2312016 IDSOS Viewing Business Entity ANNUAL REPORT Report for year 1988 ANNUAL REPORT Report for year 1987 ANNUAL REPORT Page 3 of 3 View Imaoe (PDF format) View Imaoe (TIFF format) View Imaoe (PDF format) View Imaqe (TIFF format) View Imaoe (PDF format) View Imaoe (TIFF format) tn State of ldaho Home Paoe mments, questions or suggestions can be emailed to: sosinfo@sos. ida ho.oov https ://www.accessidaho.org/public/sos/corp/C40668.html 8123t2016 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Kathy 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2015 Through 9/30/2016 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 95000 Service Line/Main Replacement 154,325.50 0.00 154,325.50 100.00% 10366 Five Mile Trunk Relief - 8th Street Park 33,776.14 19,864.00 13,912.14 41.19% 10366.b Five Mile Trunk Relief and Water Line Replacement at 8th Str 146,778.09 146,778.09 0.00 0.00% 10515 Water and Sewer Line Replacements, NW 2nd Street 0.00 87.50 (87.50)0.00% 10515.a Waterline Replacements, NW 2nd St. - Railroad St to 200' N o 9,150.38 9,150.38 0.00 0.00% 10515.c NW 2nd at Hunter Lateral Sewer and Water Casings 10,752.50 10,862.50 (110.00)(1.02)% 10515.d NW 2nd Street Water and Sewer Line Replacement - Constructio 168,545.75 168,545.75 0.00 0.00% 10520 Waterline Replacement - W. Elm Pl, N Linder to End 0.00 64.80 (64.80)0.00% 10520.a Waterline Replacement - W. Elm Pl, N Linder to End - Design 3,788.01 3,788.01 0.00 0.00% 10520.b Waterline Replacement - W. Elm Pl, N Linder to End - Constru 0.00 109,577.00 (109,577.00)0.00% 10577.a Water and Sewer Line Replacement - E. Pine Ave - Meridian Rd 8,248.20 8,248.20 0.00 0.00% Total Capital Outlay 535,364.57 476,966.23 58,398.34 10.91% DEPT EXPENDITURES 535,364.57 476,966.23 58,398.34 10.91% TOTAL EXPENDITURES 535,364.57 476,966.23 58,398.34 10.91% Date: 8/23/16 09:58:58 AM Page: 1 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Kathy 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2015 Through 9/30/2016 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 95000 Service Line/Main Replacement 380,849.28 0.00 380,849.28 100.00% 10135 Sewer Line Replacement at Gregory Lift Station 2,375.00 0.00 2,375.00 100.00% 10135.a Sewer Line Replacement at Gregory Lift Station - Pre-Design 2,692.85 2,692.85 0.00 0.00% 10135.b Sewer Line Replacement at Gregory Lift Station - Design 115,367.00 115,367.00 0.00 0.00% 10366 Five Mile Trunk Relief - 8th Street Park 12,815.99 12,815.99 0.00 0.00% 10366.b Five Mile Trunk Relief and Water Line Replacement at 8th Str 669,149.29 669,149.29 0.00 0.00% 10432 ACHD Ustick Meridian Rd Utility Improvements 642.90 642.90 0.00 0.00% 10495 Meridian Interchange Rebuild Sewer Improvements - ITD 1,315.00 1,315.00 0.00 0.00% 10499 Sewer Line Replacement - Site 12b 3,000.00 2,912.00 88.00 2.93% 10515 Water and Sewer Line Replacements, NW 2nd Street 87.50 8,582.50 (8,495.00)(9,708.57)% 10515.b Sewer Main Replacements, NW 2nd St. - Railroad St to 200' N 47,417.00 47,417.00 0.00 0.00% 10515.c NW 2nd at Hunter Lateral Sewer and Water Casings 10,972.50 10,862.50 110.00 1.00% 10515.d NW 2nd Street Water and Sewer Line Replacement - Constructio 285,226.93 285,226.93 0.00 0.00% 10577.a Water and Sewer Line Replacement - E. Pine Ave - Meridian Rd 32,992.80 32,992.80 0.00 0.00% 10613.a Sewer Line Replacement - E Washington and Carlton St - Desig 68,595.68 68,595.00 0.68 0.00% Date: 8/23/16 10:00:02 AM Page: 1 City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Kathy 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2015 Through 9/30/2016 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of 10618.a Sewer Line Replacement - West Washington St - NW 4th to NW 1 58,998.00 58,998.00 0.00 0.00% Total Capital Outlay 1,692,497.72 1,317,569.76 374,927.96 22.15% DEPT EXPENDITURES 1,692,497.72 1,317,569.76 374,927.96 22.15% TOTAL EXPENDITURES 1,692,497.72 1,317,569.76 374,927.96 22.15% Date: 8/23/16 10:00:02 AM Page: 2 TASK ORDER NO. 10594.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND J -U -B Engineers (ENGINEER) This Task Order is made this 6th day of September, 2016 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by J -U -B Engineers, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2C) between the above mentioned parties dated Oct 22, 2013. The Project Name for this Task Order 10594.a is as follows: CITY OF MERIDIAN E. State Ave Water and Sewer Improvements PROJECT UNDERSTANDING The CITY intends to extend new collection sewer in East State Avenue from Meridian Road to west of Cathy Avenue. Sewer services for homes fronting State Avenue will be connected to the new collection sewer. This project conforms to the CITY's overall objective of decommissioning existing alley sewers in the downtown area. Overall the project will encompass approximately 2,300 lineal feet of 8 -inch collection sewer and 350 lineal feet on NE 4th Street between State Avenue and Pine Avenue. The NE 4th Avenue branch will serve frontage properties. In addition, the CITY intends to install new 8 -inch water main from the existing stub -out east of Meridian Road, across to NE 2nd Avenue, which encompasses approximately 900 lineal feet of new water main, and 24 water services. The existing 6 -inch water main will be abandoned in-place. The CITY's goal is to complete design of the water and sewer improvements in FY2016 with construction in FY2017. Task Order 10594.a E State Ave. Water & Sewer Improvements Page 1 of 10 J -U -B Engineers OWNER INFORMATION and RESPONSIBILITIES 1. The City will provide J -U -B with the following: a) Provide on-going review of J -U -B's work and timely consideration of policy issues with a time acceptable to the CITY and J -U -B. b) Record drawings of Split -Corridor water and sewer project and any available record information on sewers within the alleys north and south of State Avenue. Provide record drawings on water improvement projects within State Avenue and current improvements planned the Pine Avenue project. c) CCTV inspection video of existing alley sewers north and south of State Avenue, and the sewer at the intended point of connection. Additional CCTV may be required by the CITY depending on date and quality of existing CCTV. d) GIS shape files or CAD drawings of existing utilities along the project corridor. e) Pay for all permits and fees needed for the project that are not provided by the General Contractor (GC). f) Provide project manager to serve as a liaison with other City departments to facilitate the project reviews and approval process. g) Assist the Engineer with landowner coordination for the placement of new sewer service stub -outs, water service routing, and general project coordination. The CITY will provide all mailing costs to the landowners. h) Assist the City with ACHD coordination throughout the project. i) Provide approximate burial depth measurement for existing water mains in the project area. SCOPE OF WORK J -U -B's scope of services is specifically limited to the following: Task 1 — Project Administration 1. Kickoff Meeting: Attend a kick-off meeting with the CITY for the purpose of discussing the project approach, obtaining available information, landowner coordination and determining project schedule. 2. Progress Meetings: Attend regular progress meetings during the design phase with the CITY as needed throughout the project to discuss project status, provide budget status summaries, present deliverables, and receive direction from the CITY. It is assumed that three (3) such meetings will be required at the various project deliverable stages. 3. Project Administration and Tracking. Monitor team progress, action item lists, task deadlines, items needed from CITY; provide documentation, sub consultant administration, and monthly updates to project team and CITY as needed. Task Order 10594.a E State Ave. Water & Sewer Improvements Page 2 of 10 J -U -B Engineers Task 2 — Topographic Survey and Base Mapping 1. Survey and Base Mapping: J -U -B shall complete a topographic survey along The proposed project limits as defined below. A. Research and Utility Request: Research available land monuments, plats, records of survey, and right-of-ways on the project sites. J -U -B shall contact utility companies prior to survey via Dig -line to request available utility mapping. Utilities will be shown to the extent they are visible in the field or located by the utility or Owner. B. Survey Control Establish survey control along the alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. Land monuments will be located and shown where found from visual observations during the field survey. Temporary construction benchmarks (T.B.M.'s) will be established on each block of the site. C. Topographic Survey: Complete topographic survey along the project limits. The level of detail for the topographic survey will be commensurate with open trench replacement to locate visual physical features, such as fences, utility poles, surfacing, utilities to the extent that they are found or field located by the utility companies, edge of pavement, face of curb, sidewalks, signal poles, signs, mail boxes, water meter boxes, water valves, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Width of survey will extend from ROW to ROW on State Avenue and NE 4th Street with additional detail areas at street intersections, points of connection, driveways, and existing structures. Sill elevations of the existing homes fronting State Avenue and NE 4th Street will be established for reference in designing service line depth. The presence of basements will be visually determined while this work is being completed. Additional topographic survey will be completed at the intersection of Main Street and State Avenue. Topographic survey shall extend 50' beyond the State Avenue ROW in each direction as this intersection. This intersection is likely under the ACHD's no cut moratorium and may require full replacement or overlay of the existing pavement. Similarly, the intersection of State and NE 2nd Avenue topographic survey shall be expanded. D. Base Mapping: Prepare topographic mapping in Civil 3D 2015 at a 1" = 20' scale, 11"x17". Topographic features will be depicted using standard symbols. Topographic features will be shown on the design plans. Locations (X & Y coordinates) and elevations of local TBMs will be shown. Street ROW will be shown based on the CITY's G.I.S. mapping. Water system and water service will be shown based on CITY's G.I.S. mapping and as marked by the Task Order 10594.a E State Ave. Water & Sewer Improvements Page 3 of 10 J -U -B Engineers CITY in the field. Storm drainage systems will be referenced based on ACHD's available G.I.S. information and field survey of visible storm drainage facilities. Roadway will be cross-sectioned at 50' to 100' intervals, on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Property addresses and ownership will be shown from available GIS information adjacent to the project corridor. Task 3 — Preliminary and Final Design Services 1. 30% Preliminary Design: A. Review Existing Data, Information: J -U -B shall review CCTV inspection video on the existing alley sewers north and south of State Avenue. The review shall be used to determine approximate location of existing services connections at the main. In addition, major structural deficiencies in the existing sewer will also be logged for possible incorporation into the project to maintain the viability of the existing sewers until abandonment can occur. A review log will be prepared summarizing the CCTV and the approximate locations of the service connections will be shown on the base mapping. B. Preliminary Design of Alignment: J -U -B shall complete preliminary design of the vertical and horizontal alignments of the collection sewer. The preliminary design profile shall include an allowance for service rerouting and known basements containing water services. The properties of apparent controlling service lines will be identified based on length of service line, depth of service connection at existing sewer, and presence of basement with sewer services. Horizontal alignment shall consider ACHD and City corridor compliance, sanitary separation and constructability. Presently homes in East Carlton immediately west of Cathy Lane are served from an alley sewer between State Avenue and Carlton Avenue. The sewer flows to an existing sewer in Cathy Lane. A preliminary evaluation will be completed to determine if the State Avenue sewer can intercept the existing sewer in Cathy Lane. In addition, the home lying east of the State Avenue and Cathy Lane and near Five Mile Creek will be evaluated for possible service. C. Preliminary Plan/Profile: A preliminary review roll -plot shall be prepared showing base mapping, approximate location of existing service connections on existing mains, preliminary determination of grade controlling services, approximate service line location from sewer main to street ROW, vertical profile, known utilities, horizontal alignment showing new manhole locations, etc. D. Preliminary Water Main Alignment: J -U -B shall preliminarily design the water line extension from the existing point of connection east of Meridian Road to NE 2nd Avenue. The new water main will be placed in CITY and ACHD corridors unless practically unfeasible due to sanitary separation with Task Order 10594.a E State Ave. Water & Sewer Improvements Page 4 of 10 J -U -B Engineers the new sewer, constructability, utility conflicts or escalated construction cost. Water improvements will be shown on the roll plot view. E. J -U -B will meet with the CITY to review the preliminary plan and profile and gather CITY input on the preliminary design. Additional or missing information on subject properties or services shall be identified for final design at the review meetings. Review meetings are accounted for under Task 1. F. Deliverables: 30% Complete Preliminary Water/Sewer Plan/Profile Roll -plot, (2) copies at scale TBD. 2. 75% Comalete Design Package: A. Final Design: J -U -B shall revise the conceptual alignment and profile from the CITY's review comments and complete final design of the selected sewer alignment and water main extension. Design shall include locating the landowner's preferred location of the sewer service connection at the street ROW. Design of the collection sewer profile will be based on an assumed service line routing on the private property; however, only the sewer service line from the collection sewer to street ROW will be designed and shown on the plans. Design shall incorporate utility corridor compliance, service connections, manhole connections or replacement, utility separations, utility conflicts, sewer abandonment where applicable, constructability, construction access, excavation depths, minimization of pavement repair and impacts to traffic and adjoining properties. Water main design shall include new water services from the main to the existing water boxes, main connection details, valving, thrust restraints and related details. Pavement section shall be based on ACHD's standards for local roads. Known utility or non -potable water crossing will be indicated on the plans. Full intersectional paving shall be shown at State Avenue and Main Street if required by ACRD. B. Construction Plans: Plan and profile sheets will be prepared showing proposed sewer, sewer service connections, surface repair, manhole replacements or connections, existing sewer connections, water improvements, surface repair and other pertinent details. Plans will be 11 "x17" with a 1 "=20' or similar scale. Details will utilize CITY and ISPWC standard drawings as applicable. C. SWPPP and ESC: J -U -B will prepare a SWPPP narrative per the 2012 Construction General permit and the CITY ESC plan requirements and standards for initial review by the CITY's Environmental Division. The SWPPP and CITY's ESC requirements will be incorporated into the technical specifications. D. Technical Specifications: Prepare revisions to the most current versions of the standard specifications (2012 ISPWC and Meridian's Supplemental Specifications and Standard Drawings) for the project. Special provisions shall be developed for specialty work items in conformance with ISPWC formatting. Task Order 10594.a E State Ave. Water & Sewer Improvements Page 5 of 10 J -U -B Engineers E. An opinion of probable construction cost and preliminary bid schedule will be prepared. F. A senior engineer will perform a QC of the plans and technical specifications. G. J -U -B will submit the 75% review package to the CITY for review and comment. One (1) set of SWPPP narrative and ESC plans will be submitted to CITY's Environmental Division. One (1) set of plans will be submitted to the utility companies for informational purposes. J -U -B will meet with the CITY to review submittal package and receive comments and direction from Public Works staff on the project. H. Deliverables: L Four (4) copies of 75% review package, plans, specifications, SWPPP, cost estimate. 3. 90% Final Design Package (Agency Review): J -U -B shall complete the following subtask in preparation of the 90% complete agency review package. A. Final Design: Revise the alignment, profile, and details from the CITY's 75% review comments as applicable. Complete final design of the collection sewer and water main extension by addressing pertinent issues with the alignment, profiles, service line stub -out locations or depths, ACHD/CITY corridor compliance, constructability, surface disturbance, sanitary separations, utility conflicts, excavation depths, and other pertinent design issues. B. 90% Construction Plans: Plan and profile sheets will be revised to include 90% design revisions, and details. Plans will be 11"x17" with a V=20' or similar scale. Details will utilize CITY and ISPWC standard drawings as applicable. C. SWPPP and ESC: Revise the 75% submittal package per CITY's comments and incorporate final design modifications into the technical specifications. The City Environmental Division will approve the plan. D. Technical Specifications: Finalize revisions to the standard specifications and special provisions as required. E. Update the opinion of probable construction cost and preliminary bid schedule as necessary. F. A senior engineer will perform a QC of the plans and technical specifications. G. J -U -B will submit the 90% review package to the CITY and the agencies (Task 5) for review and comment. J -U -B will meet with the CITY to review submittal package and receive comments and direction from Public Works staff on the project as provided in Task 1. H. The CITY will provide full review and comments from the Community Development Divisions as appropriate. I. Deliverables: Task Order 10594.a E State Ave. Water & Sewer Improvements Page 6 of 10 J -U -B Engineers Four (4) copies of 90% review package, plans, specifications, SWPPP, opinion of probable construction cost estimate. ii. Technical specifications in word format for CITY review and editing. iii. Two copies (2) of the SWPPP and ESC 4. 100% Final Desitin and Project Manual Packane (QLPE Review. Bid Ready): A. J -U -B will incorporate CITY and agency review comments (as applicable) and revise the Construction Plans, Technical Specifications, and SWPPP. B. Update opinion of probable construction cost and preliminary bid schedule. C. J -U -B will submit six (6) copies of the 100 %( Bid Ready) submittal package for CITY QLPE review and approval. If revisions are necessary, J -U -B will incorporate and resubmit submittal the package. D. Deliverables: i. Six (6) copies of the Final (100% QLPE, Bid Ready) Plans and Project Manual, final opinion of probable construction cost. ii. Electronic pdf version of the 100% Plans, technical specifications, SWPPP. Task 4 — Landowner Coordination 1. J -U -B shall assist the City with landowner coordination on the project during the design phase which will include the following: A. Right of Entry Letter: J -U -B will create a right of entry form, informational letter and project vicinity map for CITY review and approval. The flyer will have J -U -B and City contact information that interested parties can call for additional information along with the anticipated timeline to complete the work. All landowner mailings will be sent by the CITY. B. Landowner Meetings and Service Line Routing: J -U -B will visit each property and meet with each landowner (approximately 73) to determine approximately where the existing service exits the building, preferred routing of the new service line, and determination if basements are present. J -U -B will in conjunction with the landowner and CITY staff will develop a preferred corridor for the new service line. Sewer service depth at the existing structures shall be estimated from existing mainline invert elevations at the observed service connections from the CITY's CCTV and assumed grade to the structure. Approximate ground elevation at the building's connection point will be estimated from the sill elevation established in Task 2. Photo images will be used to document each corridor, building service connection location, and physical features. A topographic survey shall not be provided, nor is an exhaustive investigation on features such as underground utilities, landscaping sprinkler systems, etc. A map sheet shall be prepared for each service line Task Order 10594.a E State Ave. Water & Sewer Improvements Page 7 of 10 J -U -B Engineers showing approximate connection location, routing, topographic survey within street ROW, parcel boundary and approximate home footprint taken from Ada County GIS aerial photogrammetry, property images of service line routing, and other pertinent information. Accompanying the map sheet will be service line corridor images edited to identify the preferred corridor and point of connection at the building. The map sheet and corridor images each service line routing shall be placed in an Appendix with the Technical Specifications. Scope of the meetings and service line re-routing will vary for each parcel. The anticipated level of effort is shown on Attachment A. c. Deliverables: A project tracking log will be kept to summarize discussions and feedback. Service line map sheet and corridor images for each service line in electronic pdf format for inclusion with the Technical Specifications for the deliverables in Task 3. Task 5 — Agency Coordination and Permitting 1. ACHD Coordination and Permitting A. Coordinate alignments with the Ada County Highway District (ACRD) to establish acceptable corridor and re -paving plan at Main Street and State Avenue. B. Submit 90% Plan Set review for ACHD approval. ASSUMPTIONS a) Conceptual layout of the State Avenue sewer was shown as Sewer Replacement Program Alternative No.2 prepared by J -U -B for the CITY in February, 2015. b) Topographic survey on private property or detailed design of each property's service line on private property is not provided. The General Contractor (GC) will be responsible for the actual final design and coordination of each service line with the landowners. c) Exact locations of utilities are not known and may affect the alignment during construction. d) Traffic control plans and approvals shall be secured by the GC. e) The disturbed area will likely be over one (1) acre is size require a project specific SWPPP. f) New service lines will be run from the new water main to new meter boxes. New meter boxes, meter setters, etc. are anticipated. g) CITY will specify water service size for non-residential properties. Task Order 10594.a E State Ave. Water & Sewer Improvements Page 8 of 10 J -U -B Engineers h) Full width street restoration is not provided or anticipated. i) The Pine Avenue improvements (designed by others) are anticipated to extend sewer within East 2nd Avenue to serve properties between Pine Avenue and State Avenue. j) Existing sewer manholes will be abandoned in-place and include abandonment of mainline where accessible from the existing manhole. Existing service connections on existing sewer mains will not be abandoned, only at the re-routing point of connection where the sewer service exits the building. k) Exact locations of utilities are not known and may affect the alignment during construction. No potholing is provided to confirm utility locations, including the exact elevation of the service line leaving the building. 1) Right-of-way (ROW) and parcel information will be referenced from the Ada County GIS base mapping. Refer to Task 2 for assumptions regarding scope of services on the project research and topographical survey. m) J -U -B will coordinate and ACHD will perform potholing of the local streets to determine existing asphalt and street base depth. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by August 2016 and resulting in Final Design being completed by January 2017. A NTP issued on a different date will change the schedule accordingly. Task Task Name Schedule Number Project Meetings and Administration $6,920 Task 1 Project Meetings & On-going throughout other tasks. Task 4 Administration $30,625 Task 2 & 3 Topographic Survey Update & Completed within 120 calendar days Final Design Services $109,260 Task 4 Landowner CoordinationOn- oin as required Task 5 Agency Coordination & On-going as required. Permitting BUDGET The CITY will pay ENGINEER for its services and reimbursable expenses on a not to exceed basis of the total listed below. Task Number Task Name Amount Task 1 Project Meetings and Administration $6,920 Tasks 2 & 3 Topographic Survey Update & Final Design Services $70,370 Task 4 Landowner Coordination $30,625 Task 5 Agency Coordination & Permitting $1,345 TOTAL (T&M NTE $109,260 Task Order 10594.a E State Ave. Water & Sewer Improvements Page 9 of 10 J -U -B Engineers The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10594.a is one hundred nine thousand, two hundred sixty dollars ($109,260.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed If pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERIDIAN Approved by Council: J -U -B Engineers BY: U�A Dated: Dated: / IC City Project Manager Jared Hale Task Order 10594.a E state Ave. Water & Sewer Improvements Page 10 of 10 J-Ud3 Engineers Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6K PROJECT NUMBER: H-2016-0074 ITEM TITLE: Settlers Square Findings of Fact, Conclusions of Law for Approval for Settlers Square Subdivision (H-2016- 0074) by Seagle Three, LLC Located 870 W. Ustick Road MEETING NOTES 9 APPROVED 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 CASE NO(S). H-2016-0074 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for Settlers Square, by Seagle Three, LLC. Case No(s). H-2016-0074 For the City Council Hearing Date of: August 16, 2016 (Findings on September 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 16, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 16, 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 governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 24, 2016, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0074 - 2 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the development agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 16, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year 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 the modification (UDC 11-5B-3F). 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 11-5B-3F). 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 August 16, 2016 By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED <. € COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C , - l 6�2 �Ap Dated: ?( 7/ I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0074 - 3 - Mayor Tammy/de eerd A VG�Sr' Attest: OPQOa f a City of C.�vc E IDIAN r ` IDANO s� SEAL C. 4ay Cale City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: C , - l 6�2 �Ap Dated: ?( 7/ I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0074 - 3 - Exhibit A Settlers Square – MDA H-2016-0074 1 STAFF REPORT HEARING DATE: August 16, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Settlers Square Subdivision – MDA H-2016-0074 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Seagle Three, LLC, requests a modification to the existing development agreement (MDA) for the purposes of changing the internal public roads to private driveways, and to allow for temporary vehicle access to Ustick Road. 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 August 16, 2016. At the public hearing, the Council approved the subject MDA request. a. Summary of City Council Public Hearing: i. In favor: Lance Warnick ii. In opposition: None iii. Commenting: None iv. Written testimony: Lance Warnick (in agreement with staff report) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. 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-2016-0074 as presented in the staff report for the hearing date of August 16, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0074 as presented during the hearing on August 16, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0074 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 870 W. Ustick Road in the southwest ¼ of Section 36, Exhibit A Settlers Square – MDA H-2016-0074 2 Township 4 North, Range 1 West. B. Owner/Applicant: Seagle, Three, LLC 2618 2nd Ave. Seattle, WA 98121 C. Representative: Lance Warnick, Aspen Engineers PO Box 205 Kuna, ID 83634 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: August 1, and August 8, 2016 C. Radius notices mailed to properties within 300 feet on: July 25, 2016 D. Applicant posted notice on site by: July 25, 2016 VI. LAND USE A. Existing Land Use(s): The site is currently vacant. B. Description of Character of Surrounding Area: The subject site is surrounded by residential subdivisions located on the north, south and west sides of the proposed development. A commercial development is located east of the subject site with a gas/convenience store and a mix of office uses. C. History of Previous Actions: In 2008, the property was granted annexation (AZ-07-018), approval by the City Council with the C-C zoning district for Settlers Square Subdivision. A development agreement (DA) was approved with the annexation (instrument # 108059803). A preliminary plat (PP-07-021) was also approved concurrently that consisted of 12 commercial lots and 2 common lots on 9.001 acres. The preliminary plat expired in 2010, but the Development Agreement for the property does not expire, and is still in effect. In 2015, the property was granted preliminary plat (H-2015-0014) approval for 12 commercial lots on 9.001 acres of land however, a condition of approval required the applicant to modify the existing DA prior to Council’s approval of the PP Findings. VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved with the annexation of the property in 2007 (Instrument #108059803). In the Development Agreement that was signed in 2008, the applicant was granted direct access to Ustick Road. Due to policy changes at ACHD, and city code changes, direct access to Ustick Road is no longer desired by both parties. In working with the applicant, City staff and ACHD are supportive of an interim access to Ustick Road until such time that a public street and/or shared driveway are constructed with the development of the property to the west. To ensure the interim access is terminated in the future, staff required the applicant to submit a revised concept plan with a concurrent development agreement Exhibit A Settlers Square – MDA H-2016-0074 3 modification application prior to adoption of the Findings by City Council. The provided concept plan was to provide details on how the site would be designed after the removal of the temporary access to Ustick Road. NOTE: ACHD also requires the applicant to enter into a development agreement with them for the temporary access to Ustick Road and provide financial surety for the closure of the driveway. DA Modification: In general, staff is supportive of the requested changes, to the DA. To move forward with development of the site as proposed by the applicant, staff recommends the following DA modifications: 1. Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below. Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved). Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50% glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings). A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. 2. A. Except for the two access points noted on the plat, no lot shall have direct access to Ustick Road or Venable Ave. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Ave. The single/temporary access to Ustick Road shall be terminated at the time the property to the west constructs an access to Ustick Road that aligns with N. Blairmore Way. B. A cross-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public stree ts via private drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer’s signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 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. Proposed Change to the Development Agreement Exhibit A Settlers Square – MDA H-2016-0074 4 Exhibit A.1: Vicinity/Zoning Map Exhibit A Settlers Square – MDA H-2016-0074 5 Exhibit A.2: Approved Concept Plan Exhibit A Settlers Square – MDA H-2016-0074 6 Exhibit A.3: Proposed Concept Plan Exhibit A Settlers Square – MDA H-2016-0074 7 Exhibit A.4: Proposed Changes to the Development Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below. Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved). Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50% glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings). A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. 2. A. Except for the two access points noted on the plat, no lot shall have direct access to Ustick Road or Venable Ave. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Ave. The single/temporary access to Ustick Road shall be terminated at the time the property to the west constructs an access to Ustick Road that aligns with N. Blairmore Way. B. A cross-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via private drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer’s signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6L PROJECT NUMBER: H-2016-0095 ITEM TITLE: Volterra Heights Subdivision No. 2 Final Order for Approval for Volterra Heights Subdivision No. 2 (H-2016-0095) by Cottonwood Development, LLC Located South of W. McMillan Road and West of N. Ten Mile Road MEETING NOTES rte✓ APPROIED 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 VOLTERRA HEIGHTS SUBDIVISION NO. 2 (H-2016-0095) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 23, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY (28) RESIDENTIAL BUILDING LOTS AND SEVEN (7) COMMON LOTS ON 9.44 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR VOLTERRA HEIGHTS SUBDIVISION NO. 2 BY: COTTONWOOD INVESTMENTS, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0095 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on August 23, 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 VOLTERRA HEIGHTS SUBDIVISION NO. 2, LOCATED IN A PORTION OF THE NORTHEAST ¼ OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO, 2016, by TRAVIS P. FOSTER, PLS, SHEET 1 OF 3,” is conditionally approved ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA HEIGHTS SUBDIVISION NO. 2 (H-2016-0095) Page 2 of 3 subject to those conditions 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 August 23, 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 Cara Duskey, WH Pacific, 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 day of Attest: C.Jay CoR City Clerk 2016. q z y, / Co. Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: C - �`(Y �60 Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VOLTERRA HEIGHTS SUBDIVISION NO. 2 (H-2016-0095) Page 3 of 3 EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 1 STAFF REPORT Hearing Date: August 23, 2016 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0095 – Volterra Heights No. 2 (FP) I. APPLICATION SUMMARY The applicant, Cottonwood Investments, LLC, has applied for approval of a final plat consisting of twenty-eight (28) residential lots and seven (7) common lots on approximately 9.44 acres in the R-8 (Medium-Density Residential). This is the second phase of development for the Volterra South Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of Volterra Heights Subdivision No. 2 final plat (FP) application subject to the conditions noted 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-2016-0095 as presented in the staff report for the hearing date of August 23, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0095 as presented during the hearing on August 23, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0095 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 near the southwest corner of W. McMillan Road and N. Ten Mile Road in the NE ¼ of Section 34, Township 4 North, Range 1 West. B. Applicant/Owner: Cottonwood Investments, LLC 2228 Piazza Drive, Suite #150 Meridian, Idaho 83646 EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 2 C. Representative: Matt Munger, Munger Engineering Inc. 4090 W. State Street, Suite #29 Boise, Idaho 83703 V. STAFF ANALYSIS The proposed final plat consists of twenty-eight (28) residential lots and seven (7) common lots on approximately 9.44 acres of land. The average lot size is 8,215 square feet. All of the lots proposed in this phase are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. Overall open space with this phase totals approxiamtely1.72 acres which is consistent with the overall project open space and does comply with the UDC requirements. However, Common lots 17 and 18, Block 4 as identified on the landscape plan are currently improved common lots. The City has not approved the landscape plans for these lots through a formal application process (final plat). Therefore, staff recommends the applicant modify the landscape plan and include Lots 17 and 18, Block 4 as part of this submittal to ensure the constructed landscape buffer complies with UDC 11-3B-7C. Because the number of buildable lots is the same and the amount of common open space is the same, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved rezone (RZ-10-005), preliminary plat (PP-10-005), time extension (TED-12-002) and amended development agreement (MDA-10-009) (instrument #111010393). 2. The applicant has until June 8, 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. The final plat prepared by WH Pacific stamped on July 21, 2016, by Travis P. Foster, shall be revised prior to signature of the final plat by the City Engineer as follows: • Note #1: Add 5-foot wide side yard Public Utilities, Drainage, and Irrigation Easements. • Note #9: Insert the instrument number. • Note #10: Replace current DA #11010393 with #111010393. 5. The landscape plan prepared by South Landscape Architecture, dated June 20, 2016 shall be revised as follows: • Lots 17 and 18, Block 4 must be included on the landscape plans and landscaped in accord with UDC 11-3B-7C. • Relabel the plan as Volterra Heights No. 2; not as No. 1. • The center medians within N. San Vito Ave. shall be landscaped as proposed. • Prior to signature on the final plat, a public pedestrian easement for the multi-use pathway along McMillan Road (Lot 17, Block 4) shall be submitted to the Planning Division of the Community Development Department, approved by the City Council and recorded. EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 3 • Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. • All landscape improvements approved with the proposed subdivision must be installed prior to releasing occupancy for any homes constructed within the subdivision. Provide two (2) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer’s signature on the final plat. 6. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 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 permits, the property shall be subdivided in accordance with the UDC. 9. Comply with all ACHD conditions of approval associated with the design, installation, maintenance and warranty period for the construction of the permeable interlocking concrete pavement (PICP) system proposed for the local streets set forth in the ACHD memorandum dated May 14, 2013. 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 with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 4 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. 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 11-5C-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 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 5 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. 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be 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. VIII. EXHIBITS A. Vicinity Map B. Approved Volterra South Subdivision (PP-10-005) C. Proposed Final Plat D. Proposed Landscape Plan EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 7 Exhibit B – Approved Volterra South Subdivision (PP-10-005) EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 8 Exhibit C – Proposed Final Plat EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 9 Exhibit D. – Proposed Landscape Plan EXHIBIT A Volterra Heights No.2 – H-2016-0095 PAGE 10 WHPadiff August 23, 2016 Bill Parsons City of Meridian 33 E. Broadway Meridian, Idaho 83642 RE: H-2016-0095 — Volterra Heights No. 2 Dear Bill; I have received your letter of conditions. I have discussed these conditions with the owner/applicant and they have agreed to comply with all listed conditions and requirements for the plat for Volterra Heights No. 2. Thank you for your time and consideration on this project. Please do not hesitate to contact Matt Munger or me if you have any questions. Sincerely, Pavle-4 Cara Duskey Project Coordinator 2141 West Airport Way, Suite 104 • Boise, ID 83705 • T 208.342.5400 r 208.342.5353 • www.whpacific.com Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6M PROJECT NUMBER: H-2015-0037 ITEM TITLE: Logan Creek Subdivision Amended Development Agreement for Logan Creek Subdivision (H-2015-0037) with Donald & Marie Morgan, Gladys Allen and Trilogy Development located at 4617 and 4620 S. Martinel Lane, in the southwest 1/4 Section 28, Township 3 North, Range 1 East. (Parcel No.'s R5475470011 and R5475470030) MEETING NOTES R1 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-084034 BOISE IDAHO Pgs=6 NIKOLA OLSON 09/07/2016 02:17 PM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Donald & Marie Morgan & Gladys Allen, Owners 3. Trilogy Development, Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this L2 day of!' , 2016, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Donald & Marie Morgan, whose address is 4620 S. Martinel Lane, Meridian, Idaho 83642 and Gladys Allen, whose address is 4617 S. Martinel Lane, Meridian, Idaho 83642 ("OWNERS") and Trilogy Development, whose address is 9839 W. Cable Car St., Suite 101, Boise, Idaho 83709, ("DEVELOPER"), RECITALS A. CITY and OWNERS AND/OR DEVELOPER entered into that certain Development Agreement that was recorded on January 27, 2016 in the real property records of Ada County as Instrument No. 2016-007082 ("DEVELOPMENT AGREEMENT") B. CITY and OWNERS AND/OR DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNERS and/or DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. - 5.1. "Developer" shall develop the "Property" in accordance with the following special conditions: a. Direct lot access to S. Eagle Road and E. Amity Road, both arterial streets, is prohibited in accord with UDC 11-3A-3, except for emergency access only. ADDENDUM TO DEVELOPMENT AGREEMENT -Logan Creek Subdivision, MDA H-2015-0037 Page 1 of 6 b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted the Findings of Fact and Conclusions of Law and the revisions noted in the staff report, attached hereto as "ExhibitA ". c. The rear of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. d. The existing home that is proposed to remain on Lot 4, Block 3 (Allen home) and Lot 19, Block 2 (Morgan home) shall be required to hook up to City water and sewer service within 60 days ofservices being available per Meridian City Code 9-1-4 and 9-4-8. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. e. A minimum 5 -foot wide pedestrian pathway shall be provided within the 30 foot wide common area depicted on the preliminary plat landscape plan along the northern boundary of the site for pedestrian access to the school site to the east. £ The height of homes shall be restricted to a single -story on Lot 5, Block 2 & single -story or single -story w/ bonus room on Lots 3, 4, and 6, Block 2 adjacent to the Shoemaker property as agreed upon by the developer per the terms of the Memorandum of Understanding between the developer and the Shoemakers. Per the Memorandum of Understanding, if a single level with upstairs bonus room is constructed, the following shall apply: 1) Upstairs square footage shall be contained within the attic space of the first level; 2) Bonus room square footage shall fact the front of the home with windows and/or dormers also only located in the front of home; and 3) All dormers and windows on back of home must be designed for the first floor only. g. The developer shall relocate the northern stretch of the irrigation ditch located on the Taylor and Morgan properties to completely on the Taylor property and construct a concrete ditch; relocate the Taylor's existingfence to the west side of the relocated ditch; install a 16' wide privacy gate with an access to the subdivision; and restrict the height of homes to a single -story on Lots 33-36, 38- 41, Block 1 as agreed upon by the applicantper the terms of the Memorandum of Understanding (and first amendment) (attached hereto as "Exhibit B'), between the developer and the Taylor's. 2. That Owners and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owners and/or 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. 3. 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 Owners ADDENDUM TO DEVELOPMENT AGREEMENT - Logan Creek Subdivision, MDA H-2015-0037 Page 2 of 6 and/or 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 Owners and/or Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owners and/or Developer have fully performed its obligations under this'Addendum. 4. 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. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners and/or 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 Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendum, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - Logan Creek Subdivision, MDA H-2015-0037 Page 3 of 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: Donald Morgan Gladys Alle DE` Trip ATTEST: C.J.ay Coles, h r Ma •ie Morgan CITY OF MERIDIAN By: Ma my e ` C of PIA Clerk SEAL ADDENDUM TO DEVELOPMENT AGREEMENT - Logan Creek Subdivision, MDA H-2015-0037 Page 4 of 6 STATE OF IDAHO ) : ss: County of Ada, ) On this day ofAl� 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald l organ, known or identified to me to be the person who signed above and acknowledged to me that he 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. TRACIE M. REAKES NOTARY PUBLIC STATE OF IDAHO v STATE OF IDAHO ss: County of Ada, k_vA r )�A \k I-- ry Pub is for Idaho Residing at: I c My Commission Expires: - On this & day of , 2016, before me, the undersigned, allotary Public in and for said State, personally appeared Marie Mo an, known or identified to me to be the person who signed above 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. (SEAL) D ACIE M. REAKESOTARY PUBLICTATE OF IDAHO : ss: Notary ublic for Idaho __ii Residing at: Cs <' 'C_T �l My Commission Expires: County of Ada, ) On this ay of 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Gladys Allen, known or identified to me to be the person who signed above 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. N'N�uu 4 (SEAL)��v_.Mwe LA ye A� *I. Notary Public for Idaho 1't()r'4� Residing at: ", 4%0*0 }' My Commission Expires: 01i A"1h L1,^ a ADDENDUM TO'bE�Z) R MENT AGREEMENT -Logan Creek Subdivision, MDA H-2015-0037 Page 5 of 6 STATE OF IDAHO ss: County of Ada, ) On thistC day of �t ° , 2016, before me, the undersigned, a Notary Public in and for said Stat personally appeared J04A P- wl" I,- , known or identified to me to be the S a IE of Trilogy Development, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ffftate first above written. 7� 4t1C lip IDA Ito 0000...... STATE OF IDAHO ss Notary Public for Idaho Residing at: 3,0 t My Commission Expires: County of Ada ) On this Lday of S er�er/qxy , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) • i • 9� •. �AIto 048000 M A Notary, Public for I ho K� T Residing at:,_ Q�nkJ Commission expires: ADDENDUM TO DEVELOPMENT AGREEMENT - Logan Creek Subdivision, MDA H-2015-0037 Page 6 of 6 Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 6N PROJECT NUMBER: H-2015-0101 ITEM TITLE: Decatur Estates Subdivision No. 2 Final Plat for Decatur Estates Subdivision No. 2 (H-2016-0101) by 4345 Linder Road, LLC Located 4345 N. Linder Road 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: September 6, 2016 ITEM NUMBER: 60 PROJECT NUMBER: H-2016-0103 ITEM TITLE: Hill's Century Farm No. 5 Final Plat for Hill's Century Farm No. 5 (H-2016-0103) by Brighton Investments, LLC Located on the East Side of S. Eagle Road, approximately'/4 Mile North of E. Lake Hazel Road MEETING NOTES Dw"APPROVED 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: September 6, 2016 ITEM NUMBER: 6P PROJECT NUMBER: H-2016-0094 ITEM TITLE: Bainbridge Subdivision No. 4 Final Plat for Bainbridge Subdivision No. 4 (H-2016-0094) by Brighton Investments, LLC Located East of N. Black Cat Road, Midway Between W. Chinden Boulevard and W. McMillan Road 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: September 6, 2016 ITEM NUMBER: 6Q PROJECT NUMBER: H-2016-0096 ITEM TITLE: Vicenza Subdivision No. 3 Final Plat for Vicenza Subdivision No. 3 (H-2016-0096) by Cottonwood Development, LLC Located North of W. McMillan Road; Between N. Black Cat Road and N. Ten Mile Road MEETING NOTES mt APPROIED 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: September 6, 2016 ITEM NUMBER: 6R PROJECT NUMBER: H-2016-0097 ITEM TITLE: Vicenza Subdivision No. 4 Final Plat for Vicenza Subdivision No. 4 (H-2016-0097) by Cottonwood Development, LLC Located North of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road MEETING NOTES 9 APPROIED 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: September 6, 2016 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Planning Chief Welcome and Swearing in of New Division Planning Chief and New Meridian Firefighter MEETING NOTES c/ 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: September 6, 2016 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: 2016 Community Block Party Sponsor Recognition 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: September 6, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: No. j% " //S C/ : A Resolution Reappointing Jim Escobar to Seat 1 of the Meridian Development) Corporation MEETING NOTES u APPROVED 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. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, AND LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING JIM ESCOBAR TO SEAT 1 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 50-2704, Meridian City Code section 1-13-4 charges the full City Council with appointment of members to the Board of the Meridian Development Corporation; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to reappoint Jim Escobar to Seat 1 of the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Jim Escobar is hereby reappointed to Seat 1 of the Meridian Development Corporation for a term to run from September 1, 2016 through August 31, 2019; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of September, 2016. t, APPROVED by the Mayor of the City of Meridian, Idaho, this day of September, 2016. RESOLUTION APPOINTING ESCOBAR TO SEAT 1 OF MERIDIAN DEVELOPMENT CORPORATION PAGE 1 OF 1 Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Police Department Police Department: Third Amendment To Professional Services Agreement With Trauma Intervention Programs, Inc. (TIP) for an amount Not -to -Exceed $10,957.00 MEETING NOTES mr APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS THIRD AMENDMENT to PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. 'Pt -.'- 111. TlT I11W ALYILTV IVIL*V T T V IIIxVI LVUIV�V1 i.0 01-1VV1ry.LtV.3 tA'a\-.i in/ lilYii-i i 1 1Yr 1Tit TRAUMA INTERVENTION PROGRAMS, INC. ("Third Amendment") is made this 6th day of September, 2016 ("Effective Date"), by and between the City of Meridian, a municipal 7 +1 1 ... 4,+1, Q+-+- rT 1 1 ll f+. ��1�'+ .»l A 'T. %OrpOratiOn Organized an cr 1.111. 1uvYo of pile utaw ul luaho Llivav111u1u:1 �.i�y 1, aaIU A1=1ia Intervention Programs, Inc., a nonprofit organization organized under the laws of the State of California ("TIP") (collectively, "Parties"). 'k1%TtW.DV A Cy vn iv4u y' .. ')01 ., - P-1— ent�'iyd into ar, < �'i ee.r.—t viititied, "Professional Services Agreement with Trauma Intervention Programs, Inc." ("May 27, 2014 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of comprehensive emotional and practical support services, on an as -needed basis, to victims of emergency situations and traumatic events; -WHEERT A.C, the Parties :.rivli to extend the term, of the May 27, 2014 A—eu ent; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the May 27, 2014 Agreement, TIP and the City hereby agree and contract as follows: 1. Provisions modified. Section III of the May 27, 2014 Agreement shall be amended to read as follows: III. TERM. This Agreement shall expire on September 30, 2017, unless earlier terminated or extended in the manner as set forth in this Agreement. TTAll 4-1.,.., - rS ,..F T..,.......+ ,.., .7:-F:..,] 1.�. +1.., T't.: A A .....,,...a.....,....+ 11. .CAR a''�MCI fri"ViSivua 111vilcul. 1_�.aw0C -as vxpressly-Mouiiil.0 vy ulio 111uu ruul�uullil,ul. Gr other duly executed amendment, all provisions of I he May 27, 2014 Agreement shall remain in fiill force and effect. No other understanding, vyhether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the May 27, 2014 Agreement or this Third Amendment thereto. 1—N iivE,SS wr>I. IZE—OF+, the parries shah cauIe Luis I111TQ Aii-.endmQat Go Do executed by their duly authorized officers to be effective as of the day and year first above written. '7'D A 7TA A IAT-rVD[rv1%,T rT(lA� DD (�!'!L A A�i0'� mTC: IL leAV 1Y I, 11'ai\ 7 L '`i 11VS 1 1'1. 191 1,1 7, it -Way' uv i'vi 1u, v1i1Ui i.,n.�i.ixuvv vxii/, O�QORPTED gUc'GiS G CITE' OF � � 'est: City or w t RIDIA Tammy Clerk THIRD AMENAVE'N7' TO PROFESSIONAL SER DICES AGREE 'iD�, INC. PAGE 1 OF 1 Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 1 OA PROJECT NUMBER: 4— zu I lQ ITEM TITLE: Biltmore Estates Subdivision M 95 , Final Plat Continued from August 16, 2016 for Biltmore Estates Subdivision No 3 (H-2016- 0086) Located at W. Victory Road and West of South Meridian Road 1. Request: Final Plat for Thirty One (31) Single Family Residential Building Lots and Six (6) Common Lots on Approximately 1 1.91 Acres in the R-4 Zoning District by Oakwood Estates LLC. MEETING NOTES (",J -h I ivejj t�) 01,/ X/ /�- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Changes to Agenda: Item #10A: Biltmore Estates Subdivision No. 3 – (H-2016-0086) – Applicant requests to continue to September 20th. Item #10B: Twelve Oaks (H-2016-0100) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 9.43 acres of land, zoned C-C & TN-R, located at 1845 W. Franklin Road, on the south side of Franklin, west of S. Linder Road. History: This property was annexed in 2005 with a DA. In 2013, the DA was modified to update the development plan for the site. Comprehensive Plan FLUM Designation: MU-C & MHDR Summary of Request: Request for a modification to the DA to update the development plan for the site. The current development plan depicts a mix of single- and multi-family residential (townhomes & apartments, 52-55 units), a residential care facility (40+/- units), and commercial uses (4 pads) with a large central open space area with a pond. The proposed plan depicts a MFR development with a mix of 8- and 12-plex apartment buildings and duplexes totaling 106 units with a clubhouse and commercial building pads; the residential care facility has been removed. The proposed gross density of the development is 13.27 units/acre consistent with the FLUM for this site. One driveway access is proposed via Franklin Road w/driveway stubs to properties to the west; public streets were proposed previously but are not required for a multi-family development. Conceptual building elevations were submitted for the proposed structures. The apartments consist of 2 and 3 story structures ; and the duplexes are 2-story. Building materials for all of the structures appear to consist of a mix of stucco and vertical siding. Future development is required to comply with the design standards in the Architectural Standards Manual. Written Testimony: Jim Jewett, Applicant – (in agreement w/staff report) Staff’s Recommendation: Approval per the staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0100, as presented in the staff report for the hearing date of September 6, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0100, as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0100 to the hearing date of September 6, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #10C: Roundtree Place (H-2016-0081) Application(s): Annexation and Zoning Preliminary Plat Size of property, existing zoning, and location: This site consists of 5.78 acres of land, zoned RUT, located at 755 S. Linder Road. Adjacent Land Use & Zoning: 1. North: Single-family residential properties in Tapestry Subdivision, zoned R-8. 2. East: S. Linder Road; single-family residential zoned property in Mallard Landing Subdivision, zoned R-4. 3. South: Single-family residential properties in Primrose Subdivision, zoned RUT (Ada County) 4. West: Peregrine Elementary School, zoned R-4. History: In 1948, the subject property was platted as a 5 acre lot (Lot 18) as part of the Van Hees Subdivision. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant has submitted an application for annexation and zoning of 5.78 acres of land with an R-8 zoning district and a preliminary plat consisting of twenty three residential lots and four common lots on 5 acres of land. Vehicular access is proposed for this site via an extension of S. Flintstone Avenue, and a vehicular access to W. Waltman Street. No direct lot access to S. Linder Road is proposed or permitted for the proposed development. A 25-foot wide street buffer is required along S. Linder Road, an arterial street, per UDC Table 11-2A-6 and is required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The applicant is proposing to construct a 10-foot wide landscape buffer adjacent to W. Waltman Street. To ensure a uniform landscape buffer along said roadway, staff recommends that the applicant construct the same buffer width on Lot 1, Block 1. The proposed landscape buffer along W. Waltman Street will need to be landscaped according to UDC 11-3B-7C. Based on the area of the preliminary plat (5 acres), a minimum of 0.50 acres of qualified useable open space is required to be provided as set forth in UDC 11-3A-3B. Based on the preliminary plat the applicant is proposing 0.22 acres which is 4.4% of the proposed development. Prior to the Commission hearing, the applicant shall (at a minimum) provide a revised plat that demonstrates compliance with 10% open space. Based on the area of the preliminary plat as determined by staff (5 acres), staff recommends a minimum of 1 qualified site amenity be provided. As their amenity, the applicant has proposed a tot lot to be located on Lot 4, Block 2. The applicant has submitted 4 conceptual sample building elevations for future homes in this development. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. For the most part, staff is supportive of the proposed elevations. In the elevation exhibit below, staff does not supportive of one of the elevations because the living space and garage does not provide adequate modulation. Staff recommends that this elevation not be part of the recorded development agreement. Because homes on lots whose side or rear face S. Linder Road (Lots 1-3 and 6, Block 1), S. and W. Waltman Street (Lot 1, Block 1, Lots 1, 7, and 9, Block 2) will be highly visible; staff recommends that the side of any structure that faces the public street 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. Compliance with these standards will be verified prior to applying for a building permit for said lots. Written Testimony since Commission Hearing: None Commission Recommendation: Approval w/ conditions a. Summary of Commission Public Hearing: i. In favor: Kristi Watkins (applicant) ii. In opposition: None iii. Commenting: Jeanette Ockerman, Ron Hohnstein, Andrew Gowans iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Proposed density ii. Fencing along Waltman Road iii. Safety of children crossing Linder to get to the elementary school iv. Traffic, direct access to Linder from the proposed subdivision v. Removing the direct access to Waltman Road vi. The capacity of Peregrine Elementary School c. Key Issues of Discussion by Commission: i. Safety of children getting to Peregrine Elementary, and providing additional crossing guards across Linder. ii. Proposed density of the development iii. Traffic to and from the are both for the school as well as the increased number of homes in the area. iv. The addition of the pathway through a common lot to the sidewalk along S. Linder Road. d. Commission Change(s) to Staff Recommendation: i. Remove condition 1.1.3b. The applicant has complied with this condition. ii. Remove condition 1.1.3c. With the addition of new condition 1.1.3b, the applicant will comply with this condition. iii. Add new condition 1.1.3b. The Commission recommended that the applicant provide a pedestrian pathway from S. Tree Top Avenue through the proposed common lot to the proposed sidewalk in the landscape buffer along S. Linder Road. 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-2016-0081, as presented in the staff report for the hearing date of September 6, 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-2016-0081, as presented during the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0081 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 6, 2016 Item # 10A Project Number: H-2016-0086 Project Name: Biltmore Estates Subdivision No 3 Please print your name For Against Neutral Do you wish to testify (Y/N) ''CLE OFFICE Ci t y C o u n c i l Ci t y C o u n c i l Ci t y C o u n c i l Ci t y C o u n c i l Me e t i n g Me e t i n g Me e t i n g Me e t i n g Se p t e m b e r 6 , 2 0 1 6 Se p t e m b e r 6 , 2 0 1 6 Se p t e m b e r 6 , 2 0 1 6 Se p t e m b e r 6 , 2 0 1 6 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 1 0 B : T w e l v e O a k s Vi c i n i t y M a p X Y 17 0 1 17 1 1 11 5 46 5 25 0 23 8 1 8 2 4 27 6 27 5 1 7 4 9 1 8 0 1 1 8 2 5 1 8 5 5 1 9 0 9 54 9 34 2 16 5 0 17 0 0 25 1 1 7 0 2 1 7 2 8 1 8 0 0 37 1 47 8 52 4 1 9 2 3 31 0 23 9 1 8 4 6 28 0 19 0 1 40 2 50 6 42 2 43 4 1 7 6 4 15 1 1372 1476 1 3 3 7 440 1 4 4 5 1353 479 1371 1577 1551 548 1425 1391 51 5 19 5 0 32 5 1 7 8 9 19 2 2 32 3 44 3 47 5 39 6 42 8 37 5 31 1 17 5 19 9 18 7 0 19 7 0 19 5 0 71 1396 1 4 1 0 1 4 7 5 1448 1 3 5 5 1 3 7 5 1 4 5 5 143 17 6 7 16 2 5 48 5 1 7 9 5 19 2 5 37 6 39 7 41 1 31 8 36 6 19 0 0 52 5 1 9 2 4 37 4 39 7 34 3 18 4 5 21 3 0 16 8 0 1500 30 1 33 2 34 7 19 0 5 1 8 2 2 43 1 34 9 1 6 9 9 17 3 5 40 2 40 3 1 9 2 3 44 0 44 6 1 7 8 8 23 4 0 1535 21 5 5 65 17 2 0 570 20 7 5 18 0 0 1 3 5 3 1 5 1 6 1 3 8 6 1484 1504 1520 1432 1374 35 4 17 3 4 1 7 6 5 50 1 1 8 8 7 18 3 1 55 5 16 8 0 22 1 5 1432 1480 1388 1484 1 4 9 5 1 3 6 9 230 110 1 5 3 5 455 1434 1499 1502 1480 1 4 3 8 1 4 1 6 1 4 1 1 1462 1455 560 1493 1 3 7 2 1571 1 4 8 9 501 563 1348 472 456 1396 1505 1471 1 4 3 5 1 4 1 5 1 3 9 5 160 1580 1 4 9 4 1383 1481 1513 1449 1385 1 54 0 1 4 5 6 461 519 547 1416 1 5 6 8 1 4 8 2 1 4 6 7 1 4 2 9 1 3 8 1 441 1411 1431 1468 R1 C-N C-G TN - R C- C R1 R1 R1 R- 8 TN - R TN - C R1 C- C RU T N Linder Rd S M a l a c h i t e A v e W C o b a l t S t W P i n t a i l D r W G r e e n h e a d D r SSpoonbillAveW K i m r a S t W M e r g a n z e r D r W B a r r e t t D r SHeidiPl W P i n t a i l D r W J o s h u a L n W C a l c i t e C t N W a r d A v e W M e r g a n z e r D r S M o on st o n e W a y S L o d e s t o n e A v e W. F r a n k l i n R d . S. Linder Rd. Ex i s t i n g C o n c e p t u a l D e v e l o p m e n t P l a n Ex i s t i n g T o w n h o u s e E l e v a t i o n Pr o p o s e d C o n c e p t u a l De v e l o p m e n t P l a n Ap a r t m e n t El e v a t i o n s Clubhouse Elevations Du p l e x E l e v a t i o n s Ga r a g e E l e v a t i o n s Ga r a g e E l e v a t i o n s CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 6, 2016 Item # Project Number: Project Name: H-2016-0100 Twelve Oaks M Please print your name For Against Neutral Do you wish to testify (Y/N) 6 a o. vv1 A ..., ;. Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 10B PROJECT NUMBER: H-2016-0100 ITEM TITLE: Twelve Oaks Public Hearing for Twelve Oaks (H-2016-0100) by Twelve Oaks, LLC Located 1845 W. Franklin Road 1. Request: Modification to the Development Agreement to Update the Development Plan for the Site 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 It e m # 1 0 C : R o u n d t r e e P l a c e S u b d i v i s i o n Zo n i n g M a p Si t e P l a n La n d s c a p e P l a n Bu i l d i n g E l e v a t i o n s Th i s e l e v a t i o n is n o t a p p r o v e d CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: September 6, 2016 Item # Project Number: Project Name: H-2016-0081 10C Roundtree Place Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) C -s CITY OF Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 10C PROJECT NUMBER: H-2016-0081 ITEM TITLE: Roundtree Place Subdivision Public Hearing for Roundtree Place Subdivision (H-2016-0081) by Trilogy Development Located at 755 S. Linder Road 1. Request: Annexation and Zoning of 5.78 Acres of Land with an R-8 Zoning District 2. Request: Preliminary Plat Consisting of Twenty -Three (23) Building Lots and Four (4) Common Lots on 4.99 Acres of Land in the R-8 Zoning District MEETING NOTES 9 APPROVED 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: September 6, 2016 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: Ordinance No. �% _ ' '" : An Ordinance of the City of Meridian Providing for the Adoption of an Amendment to the Budget and the Appropriation of Expenditures of ($7,460,149) to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2015 and Ending on September 30, 2016. MEETING NOTES 9 APPROVED 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 ORDINANCE NO. a BY THE CITY COUNCIL: BIRD, BORTON, CAVENER MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 15-1659, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016. APPROPRIATING MONIES THAT ARE TO BE ALLOCATED BY THE CITY OF MERIDIAN, IDAHO IN THE SUM OF ($7,460,149); AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No. 15-1659, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2015 and ending September 30, 2016 be and the same is hereby amended as follows: City of Meridian Capital Improvement Fund - 55 FY2016 FY2016 FY2016 Original Budget Amendments Final Budget Revenues Total Revenue Expenditures Operating Administration Fire Police Parks Total Operating Capital Administration Fire Police Parks Total Capital $ 2,000 $ - $ 2,000 $ 0 $ 0 $ - $ 0 $ 0 AMENDMENT TO BUDGET ORDINANCE NO. 15-1659 - Page 1 of 6 Carryforward - Operating Administration $ - Fire $ - Police $ - Parks $ - Carryforward - Operating $ - $ - $ - Carryforward - Capital Administration $ 482,535 $ (53,804) $ 428,731 Fire $ 33,090,454 $ - $ 33,090,454 $ - Police 2,706,149 $ 8,059,068 $ 29,924 $ $ - Parks $ 2,940,005 $ (134,501) $ - Carryforward - Capital $ 482,535 $ (53,804) $ 428,731 Total Carryforward $ 482,535 $ (53,804) $ 428,731 Total Expenditures $ 482,535 $ (53,804) $ 428,731 Transfers $ - $ (3,043,921) $ (3,043,921) Total Expenditures with Transfers $ 482,535 $ (3,097,725) $ (2,615,190) (Use)/Addition of Fund Balance $ (480,535) $ 3,097,725 $ 2,617,190 Enterprise Fund - 60 - 65 FY2016 FY2016 FY2016 Original Budget Amendments Final Budget Revenues Water/Sewer Sales Other Sources Total Revenue Expenditures Personnel Utility Billing Public Works Water Wastewater Total Personnel Operating $ 29,914,914 $ 29,914,914 $ 3,175,540 $ 3,175,540 $ 33,090,454 $ - $ 33,090,454 $ 420,862 $ 420,862 $ 3,355,149 $ 26,805 $ 3,381,954 $ 1,580,026 $ 1,580,026 $ 2,703,031 $ 3,118 $ 2,706,149 $ 8,059,068 $ 29,924 $ 8,088,991 Utility Billing $ 481,502 $ 0 $ 481,502 Public Works $ 1,182,616 $ 34,350 $ 1,216,966 Water $ 2,339,748 $ 0 $ 2,339,748 Wastewater $ 2,940,005 $ (134,501) $ 2,805,504 Total Operating $ 6,943,871 $ (100,150) $ 6,843,721 AMENDMENT TO BUDGET ORDINANCE NO. 15-1659 - Page 2 of 6 Total Personnel and Operating $ 15,002,939 $ (70,227) $ 14,932,712 Capital Utility Billing $ - $ 0 $ 0 Public Works $ - $ - $ - Water $ 3,640,000 $ 314,999 $ 3,954,999 Wastewater $ 14,625,000 $ 895,146 $ 15,520,146 Total Capital $ 18,265,000 $ 1,210,145 $ 19,475,145 Carryforward - Operating Utility Billing $ 26,135 $ (1,117) $ 25,018 Public Works $ 1,170,286 $ (887,496) $ 282,790 Water $ 219,353 $ (163,353) $ 56,000 Wastewater $ 1,181,845 $ (1,091,308) $ 90,537 Total Carryforward - 4,614,910 Operating $ 2,597,619 $ (2,143,274) $ 454,345 Carryforward - Capital Utility Billing Public Works Water Wastewater Total Carryforward - Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance $ 577,519 $ (124,747) $ 452,772 Other Revenue $ $ 46,773,326 $ (7,296,213) $ 39,477,113 $ 3,810,474 $ (2,091,781) $ 1,718,693 $ 6,519,775 $ (4,076,330) $ 2,443,445 $ 10,907,768 $ (6,292,858) $ 4,614,910 $ 13,505,387 $ (8,436,132) $ 5,069,255 - $ 26,220,029 Other Revenue $ $ 46,773,326 $ (7,296,213) $ 39,477,113 Total Revenue $ 41,100,218 $ $ 2,311,108 $ 2,311,108 $ 49,084,434 $ (7,296,213) $ 41,788,221 $ (15,993,980) $ 7,296,213 $ (8,697,767) Governmental Funds (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2016 FY2016 FY2016 Original Budget Amendments Final Budget Revenues Property Taxes $ 26,220,029 $ - $ 26,220,029 Other Revenue $ 14,880,189 $ 591,429 $ 15,471,618 Total Revenue $ 41,100,218 $ 591,429 $ 41,691,647 Expenditures Personnel Administration $ 4,654,910 $ (400) $ 4,654,510 Fire $ 8,485,323 $ - $ 8,485,323 Police $ 12,008,057 $ 6,036 $ 12,014,093 AMENDMENT TO BUDGET ORDINANCE NO. 15-1659 - Page 3 of 6 Parks $ 2,271,239 $ 41,559 $ 2,312,798 Community Development $ 1,354,554 $ - $ 1,354,554 Total Personnel $ 28,774,084 $ 47,195 $ 28,821,279 Operating Administration Fire Police Parks Community Development Total Operating $ 2,491,598 $ 420,158 $ 2,911,756 $ 1,162,478 $ 21,837 $ 1,184,315 $ 2,382,650 $ 138,757 $ 2,521,407 $ 1,595,043 $ 33,029 $ 1,628,072 $ 1,704,907 $ 14,295 $ 1,719,202 $ 9,336,676 $ 628,076 $ 9,964,752 Total Personnel and Operating $ 38,110,760 $ 675,271 $ 38,786,031 Capital Police $ - $ - $ - Parks $ Administration $ 210,655 $ 39,429 $ 250,084 Fire $ 590,680 $ 518,250 $ 1,108,930 Police $ 463,500 $ 30,259 $ 493,759 Parks $ 5,906,217 $ 34,000 $ 5,940,217 Community Development $ - $ - $ - Total Capital $ 7,171,052 $ 621,937 $ 7,792,989 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward - Operating Administration $ 44,925 $ 933 $ 45,858 Fire $ 34,520 $ 8,500 $ 43,020 Police $ - $ 24,500 $ 24,500 Parks $ 116,996 $ (94,248) $ 22,748 Community Development $ - $ - $ - Total Carryforward - Operating $ 196,441 $ (60,315) $ 136,126 Carryforward - Capital Administration $ 376,012 $ (235,676) $ 140,336 Fire $ 520,115 $ - $ 520,115 Police $ 621,751 $ (433,291) $ 188,460 Parks $ 3,586,625 $ (678,058) $ 2,908,567 Community Development $ 31,602 $ - $ 31,602 Total Carryforward - Capital $ 5,136,105 $ (1,347,025) $ 3,789,080 Carryforward Administration $ 420,937 $ (234,743) $ 186,194 AMENDMENT TO BUDGET ORDINANCE NO. 15-1659 - Page 4 of 6 Fire $ 554,635 $ 8,500 $ 563,135 Police $ 621,751 $ (408,791) $ 212,960 Parks $ 3,703,621 $ (772,306) $ 2,931,315 Community Development $ 31,602 $ - $ 31,602 Total Carryforward $ 5,332,546 $ (1,407,340) $ 3,925,206 Total Expenditures $ 50,614,358 $ (110,131) $ 50,504,226 Transfers $ (2,311,108) $ 3,043,921 $ 732,813 Total Expenditures with Transfers $ 48,303,250 $ 2,933,790 $ 51,237,040 (Use)/Addition of Fund Balance $ (7,203,032) $ (2,342,361) $ (9,545,393) Total Budget - All Funds FY2016 FY2016 FY2016 Original Budget Amendments Final Budget Revenues Total Revenue $ 74,192,672 $ 591,429 $ 74,784,101 Expenditures Total Personnel and Operating $ 53,113,698 $ 605,045 $ 53,718,743 Total Capital $ 25,436,052 $ 1,832,083 $ 27,268,135 Total Carryforward $ 19,320,468 $ (9,897,276) $ 9,423,192 Total Expenditures $ 97,870,218 $ (7,460,149) $ 90,410,070 Transfers $ 0 $ - $ 0 Total Expenditures with Transfers $ 97,870,219 $ (7,460,149) $ 90,410,070 (Use)/Addition of Fund Balance $ (23,677,547) $ 8,051,578 $ (15,625,969) That the sum of ($7,460,149) be allocated to be used for authorized activities. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this b day of d'Eli bey -,2016. AMENDMENT TO BUDGET ORDINANCE NO. 15-1659 - Page 5 of 6 APPROVED by the Mayor of the City of Meridian, Idaho, this 2016. APPROVED: day of STATE OF IDAHO ss. County of Ada ) 1 On this 69�day of �� � 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •...m•• •. MAC. (SEAL) - O`• tA;e: NOTARY PUBLI FOR I AHO j— RESIDING AT: ), MY COMMISSION EXPIRES: 9 AMENDMENT TO BUDGET ORDINANCE NO. 15-1659 - Page 6 of 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- 0 PROVIDING FOR AN AMENDMENT TO ORDINANCE NO. 15-1659 An Ordinance of the City of Meridian providing for the adoption of an amendment to the budget and the appropriation of expenditures of ($7,460,149) to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2015 and ending on September 30, 2016. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. �4OV.nT e D g pc�s // City of MeridianPME IDIAN* Mayor and City Council IDAHD By: C.Jay Coles, City Clerk �Fy SEAL, lF�a,'�e TRFAS1Sa��P� First Reading: Adopted after firstre ding by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16- 17 r The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 16- j -:7— 0,2 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 7 day of September, 2016. tdt� 2. �� - 4=' - William. L.M. Nary City Attorney BUDGET AMENDMENT ORDINANCE SUMMARY FY2016 —I of 1 Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Ordinance No. ��i 1 t G : An Ordinance of the City of Meridian Providing for the Adoption of a Budget and the Appropriation of $119,231,649 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2016 and Ending on September 30, 2017. MEETING NOTES f4 L111 eK--, d) 9 APPROVED 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 ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE, PURSUANT TO IDAHO CODE §50-1002 AND §50-1003, PROVIDING FOR A TITLE AND FINDINGS, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF $119,231,649 TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING ON SEPTEMBER 30, 2017; TO LEVY ALL SUCH APPROPRIATE TAXES AND LEVIES AS AUTHORIZED BY LAW UPON TAXABLE PROPERTY; AND TO COLLECT ALL AUTHORIZED REVENUE; TO PROVIDE FOR THE WAIVING OF THE 2ND AND 3RD READINGS PURSUANT TO IDAHO CODE §50-902; AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the "2016-2017 Fiscal Year Annual Appropriation Ordinance of the City of Meridian". Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 30`h day of August, 2016 for a Proposed Budget for Fiscal Year 2016-2017 (FY2017) City of Meridian, Idaho; B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2016-2017 is correctly stated in the Adopted Budget which is herein set forth in Section No. 3; and C. The appropriations and sums of money as are hereinafter set forth in Section No. 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2016-2017. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1, 2016 and ending on September 30, 2017 the following: ANNUAL APPROPRIATION ORDINANCE FY2017 - Page 1 of 7 City of Meridian Capital Improvement Fund - 55 Revenues Total Revenue Expenditures Operating Administration Fire Police Parks Total Operating Capital Administration Fire Police Parks Total Capital Carryforward - Operating Administration Fire Police Parks FY2015 FY2016 FY2017 Actual Oriainal Budaet Oriainal Budget $ 5,236 $ 2,000 $ 2,000 $ 800,000 $ 800,000 $ - $ - Carryforward - Operating $ - $ - $ - Carryforward - Capital Administration $ 482,535 $ 422,141 Fire Police Parks Carryforward - Capital $ - $ 482,535 $ 422,141 Total Carryforward $ - $ 482,535 $ 422,141 Total Expenditures $ 800,000 $ 482,535 $ 422,141 Transfers $ - $ - Total Expenditures with Transfers $ 800,000 $ 482,535 $ 422,141 (Use)/Addition of Fund Balance $ (794,764) $ (480,535) $ (420,141) ANNUAL APPROPRIATION ORDINANCE FY2017 - Page 2 of 7 Enterprise Fund - 60 - 65 FY2015 FY2016 FY2017 Actual Original Budget Original Budget Revenues Water/Sewer Sales Other Sources Total Revenue Expenditures Personnel Utility Billing Public Works Water Wastewater Total Personnel Operating Utility Billing Public Works Water Wastewater Total Operating $ 21,679,014 $ 29,914,914 $ 22,955,445 $ 11,346,920 $ 3,175,540 $ 9,534,829 $ 33,025,934 $ 33,090,454 $ 32,490,274 $ 372,230 $ 420,862 $ 438,979.00 $ 2,741,345 $ 3,355,149 $ 3,623,965.00 $ 1,480,670 $ 1,580,026 $ 1,827,563.00 $ 2,380,631 $ 2,703,031 $ 2,757,440.00 $ 6,974,877 $ 8,059,068 $ 8,647,947 $ 520,294 $ 481,502 $ 559,179.00 $ 1,166,928 $ 1,182,616 $ 1,234,739.00 $ 2,646,982 $ 2,339,748 $ 2,206,390.00 $ 3,136,448 $ 2,940,005 $ 3,645,758.00 $ 7,470,651 $ 6,943,871 $ 7,646,066 Total Personnel and Operating $ 14,445,528 $ 15,002,939 $ 16,294,013 Capital $ 740,983 Water $ 219,353 $ Utility Billing $ 193,708 $ - 280,227 Total Carryforward - Public Works $ 72,015 $ - $ 64,000.00 Water $ 5,715,931 $ 3,640,000 $ 6,015,000.00 Wastewater $ 9,146,139 $ 14,625,000 $ 24,780,000.00 Total Capital $ 15,127,793 $ 18,265,000 $ 30,859,000 Carryforward - Operating Utility Billing $ 26,135 Public Works $ 1,170,286 $ 740,983 Water $ 219,353 $ 60,704 Wastewater $ 1,181,845 $ 280,227 Total Carryforward - Operating $ - $ 2,597,619 $ 1,081,914 Carryforward - Capital Utility Billing Public Works Water Wastewater Total Carryforward - Capital $ 577,519 $ 226,653 $ 3,810,474 $ 4,047,848 $ 6,519,775 $ 11,756,222 - $ 10,907,768 $ 16,030,723 Total Carryforward $ - $ 13,505,387 $ 17,112,637 ANNUAL APPROPRIATION ORDINANCE FY2017 - Page 3 of 7 Total Expenditures $ 29,573,321 $ 46,773,326 $ 64,265,650 Transfers $ 2,003,013 $ 2,311,108 $ 2,467,003 Total Expenditures with Transfers $ 31,576,334 $ 49,084,434 $ 66,732,653 (Use)/Addition of Fund Balance $ 1,449,600 $ (15,993,980) $ (34,242,379) Governmental Funds (01 ,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2015 FY2016 FY2017 Actual Original Budget Original Budget Revenues Property Taxes Other Revenue Total Revenue Expenditures Personnel Administration Fire Police Parks Community Development Total Personnel Operating Administration Fire Police Parks Community Development Total Operating $ 24,729,318 $ 26,220,029 $ 28,280,322 $ 18,607,262 $ 14,880,189 $ 15,372,320 $ 43,336,579 $ 41,100,218 $ 43,652,642 $ 4,181,434 $ 4,654,910 $ 4,957,844 $ 8,137,151 $ 8,485,323 $ 8,866,442 $ 11,197,597 $ 12,008,057 $ 13,561,038 $ 1,916,114 $ 2,271,239 $ 2,720,542 $ 1,144,911 $ 1,354,554 $ 1,384,465 $ 26,577,207 $ 28,774,084 $ 31,490,331 $ 2,466,708 $ 2,491,598 $ 2,796,460 $ 1,052,813 $ 1,162,478 $ 1,313,670 $ 2,295,588 $ 2,382,650 $ 2,449,289 $ 1,605,796 $ 1,595,043 $ 1,810,636 $ 2,079,543 $ 1,704,907 $ 2,085,850 $ 9,500,447 $ 9,336,676 $ 10,455,905 Total Personnel and Operating $ 36,077,654 $ 38,110,760 $ 41,946,235 Capital Administration $ 459,277 $ 210,655 $ 156,998 Fire $ 230,121 $ 590,680 $ 289,520 Police $ 4,012,937 $ 463,500 $ 848,300 Parks $ 1,006,798 $ 5,906,217 $ 1,770,500 Community Development $ - $ - $ - Total Capital $ 5,709,133 $ 7,171,052 $ 3,065,318 Carryforward - Personnel ANNUAL APPROPRIATION ORDINANCE FY2017 - Page 4 of 7 Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community - Parks $ Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward - Operating Administration $ - $ 44,925 $ 57,051 Fire $ - $ 34,520 $ 29,520 Police $ - $ - $ - Parks $ - $ 116,996 $ 45,342 Community Development $ - $ - $ 49,000 Total Carryforward - Operating $ - $ 196,441 $ 180,913 Carryforward - Capital Administration $ - $ 376,012 $ 168,247 Fire $ - $ 520,115 $ 1,053,829 Police $ - $ 621,751 $ 202,813 Parks $ - $ 3,586,625 $ 7,894,901 Community Development $ - $ 31,602 $ 31,602 Total Carryforward - Capital $ - $ 5,136,105 $ 9,351,392 Carryforward Administration $ - $ 420,937 $ 225,298 Fire $ - $ 554,635 $ 1,083,349 Police $ - $ 621,751 $ 202,813 Parks $ - $ 3,703,621 $ 7,940,243 Community Development $ - $ 31,602 $ 80,602 Total Carryforward $ - $ 5,332,546 $ 9,532,305 Total Expenditures $ 41,786,787 $ 50,614,358 $ 54,543,858 Transfers $ (2,003,013) $ (2,311,108) $ (2,467,003) Total Expenditures with Transfers $ 39,783,774 $ 48,303,250 $ 52,076,855 (Use)/Addition of Fund Balance $ 3,552,805 $ (7,203,032) $ (8,424,213) Total Budget - All Funds FY2015 FY2016 FY2017 Actual Original Budget Original Budget Revenues Total Revenue $ 76,367,749 $ 74,192,672 $ 76,144,916 Expenditures ANNUAL APPROPRIATION ORDINANCE FY2017 - Page 5 of 7 Total Personnel and Operating $ 50,523,182 $ 53,113,698 $ 58,240,248 Total Capital $ 21,636,926 $ 25,436,052 $ 33,924,318 Total Carryforward $ - $ 19,320,468 $ 27,067,083 Total Expenditures $ 72,160,108 $ 97,870,218 $ 119,231,649 Transfers $ - $ 0 $ - Total Expenditures with Transfers $ 72,160,108 $ 97,870,219 $ 119,231,649 (Use)/Addition of Fund Balance $ 4,207,641 $ (23,677,547) $ (43,086,733) Section 4. That the general tax levy and all appropriate taxes and levies be imposed as authorized by law and all authorized revenue is collected. Section 5. That the 2" d and 3rd readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code 550-902. Section 6. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of Idaho as provided in Idaho Code §50-1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council and APPROVED by the Mayor of the City of Meridian, Idaho this U' day of September, 2016. ANNUAL APPROPRIATION ORDINANCE FY2017 - Page 6 of 7 STATE OF IDAHO ) ss. County of Ada ) r -1/ On this (0 day of m ur , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,..... 4•' (SEAL) No • •�`,fc -----�`tia #.Ohlo 00 Kfwjuj�'- L" 4ut NOTARY PUBLIC -,FOR IDAHO RESIDING AT: �-i Cly MY COMMISSION EXPIRES: - -� ANNUAL APPROPRIATION ORDINANCE FY2017 - Page 7 of 7 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- % 7 U 3 PROVIDING FOR AN ANNUAL APPROPRIATION ORDINANCE FOR THE ADOPTION OF A BUDGET FOR THE CITY OF MERIDIAN FOR FY2017 An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $119,231,649 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2016 and ending on September 30, 2017. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. City of MerWian Mayor and City Council By: C.Jay Coles, City Clerk 44o� JED AUGUST G0 l �s City of IDIAN& IDAHO 9 SEAL m ti`° r e� F�°<<sr TRe�,s�aw First Reading: L (W 2(A Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES_ NO Second Reading: Third Reading: --- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16- 170 3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 16- 17 65 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of September, 2016. J William. L.M. Nary City Attorney ANNUAL APPROPRIATION ORDINANCE SUMMARY FY2017 —1 of 1 Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 11 C PROJECT NUMBER: H-2016-0036 ITEM TITLE: I Gi the City of Meridian Granting Annexation and Zoning for a Parcel of Land being "Parcel -B" of Record of Survey No. 9941, Instrument No. 2014-088010 as recorded, Ada County Records, Situated in a Portion of the Northeast'/4 of the Northwest'/4 and a Portion of Government Lot 1, Section 31, Township 3 North, Range 1 East, Boise, Ada County, Idaho; and Annexing Certain Lands and Territory, Situated in Ada County, Idaho containing approximately 5.86 acres of land; and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; r..i. L..I:..L..: __A f1 :.,.:.,.— +k 1 ...,-J 1 In —f rl ;J 1 i -+r 4, fr—m DI IT +i-+ I I MEETING NOTES DAVt APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-084035 BOISE IDAHO Pgs=5 NIKOLA OLSON 09/07/2016 02:18 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO.Li BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0036) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING `PARCEL -B' OF RECORD OF SURVEY NO. 9941, INSTRUMENT NO. 2014-088010 AS RECORDED, ADA COUNTY RECORDS, SITUATED IN A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND A PORTION OF GOVERNMENT LOT 1, SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO I -L (LIGHT INDUSTRIAL) DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: CLG, Inc. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to I -L (Light Industrial) District, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — GIBSON AMITY PROPERTY - H 2016-0036 Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning snaps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in fall be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of .x , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of t- 2016. ATTEST: CJAY COLES. CITY CLERK cily of w E IDIAN IOAHO SEAL/ de WEERD ANNEXATION — GIBSON AMITY PROPERTY - H 2016-0036 Page 2 of 3 ••66..94•• We It Wi z o: STATE OF IDAHO, ss: per,- ti 01 County of Ada ) �••,, � � STATE ''`� On this��day of S� , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 541144040 NOTARY PUBLIC FOR IDAHO "x �•� RESIDING AT: Ec fJ ;W ' MY COMMISSION � IRES: ) 1 �• S. ANNEXATION — GIBSON AMITY PROPERTY - H 2016-0036 Page 3 of 3 Mardi 16, 2016 Project No. 116017 EXHIBIT A I'M' $.!,11117 611101 'p, 1W. Exhibit "A" 357 EAST AMITY ROAD ANNEXATION DESCRIPTION Page 1 of 1 A parcel of land being 'Parcel -B' of Record of Survey No,9941, Instrument No.2014-088010 as recorded, Ada County records, situated in a portion of the Northeast 1/4 of the Northwest 1/4 and a portion of Government Lot 1, Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northwest corner of said Section 31, marked by an aluminum cap monument; thence on the northerly section line of said Section 3, North 89'20'31" East, 961.56 feet, to the POINT OF BEGINNING; Thence leaving said northerly section line, South 00"39'29" East, 738.29 feet; Thence South 85'22'32" East, 347,99 feet; Thence North 00°39'29" West 426.14 feet; Thence North 07`39'40" East, 81,12 feet; Thence North 11'08'47" West, 70.09 feet; Thence North 16'39'30" West, 102.98 feet; Thence North 00"39'29" West 71.76 feet, to a point on the aforementioned northerly section line; Thence on said northerly section tine, South 239"20'31" West, 318.49 feet: to the POINT OF BEGINNING. The above described parcel of land contains 5.86 acres more or less, subject to all existing easements and rights-of�way of record. The purpose of this description is for annexation purposes only. Attached hereto Is Map Exhibit "B" and by this reference is made a part hereof. PREPARED BY: THE LANE) GROUP, INC 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia Gibson Amity Property — AZ (H-2016-0036) 0511612016 A .a.y#?i tt�ratr{t�ffidrrpu(7111.7 LC�IiI W: ■ F. AMITY ROAD 37{ 961.56' Pd89°20'31'E 318,49' 1228.43' W 1/16 COB 3@C 31 —� I ` N ti4 COR SEC 31 fAll COR SEC 31 NOO°39'29`1111 71.76'— T314, R 1 E T3N, RIE i N16°3O;30V 102.98'- 1 I ( I I HI 1 -0647 -Vi 70.09' � I I I N0719'401 81.12'--- c6 1.12'-- c I iLU I (cliGn I rn I I =� r I I LLcro N I N ] c, ICo Co I I I I S89°22°32"F 347.99' I 051 161 2016 Annexation Exhibit -- t+ts�untr�^r._ri£: � n -M LAND GROUP ���� ATF0 357 E. AMITY ROAD °�"� ` 3`r ANNEXATION PARCEL ��� fir ft�iA'i`+iF441 ,tF�l!?2�1 µ4 Exhibit B ilEaCauntf tldaho Gibson Amity Property — AZ (H-2016-0036) I Meridian City Council Meeting DATE: September 6, 2016 ITEM NUMBER: 12 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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: September 6, 2016 ITEM NUMBER: z PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 74-206 Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure, Idaho Code; 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation and 74-206A(1) (a) a governing body or its designated representatives may hold an executive session for the specific purpose of: (a) Considering a labor contract offer or to formulate a counteroffer MEETING NOTES 71AD e s OA/ � PM alf Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS