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HomeMy WebLinkAbout2016-11-09Meridian City Council Meeting Agenda Wednesday, November 9, 2016 – Page 1 of 3 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 Wednesday, November 9, 2016 at 3:00 PM 3:05PM 1. Roll-Call Attendance X Anne Little Roberts O Joe Borton O Ty Palmer Arrived @ 3:17pm X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted as noted 4. Consent Agenda Approved A. Final Order for Paisley Meadows (H-2016-0117) Located at 2180 Amity Road by Hayden Homes, LLC B. Final Order for TM Crossing (H-2016-0116) by Brighton Investments, LLC, et al., Located Northeast Corner of S. Ten Mile Road and I-84 C. Final Order for Browning Plaza (H-2016-0008) by SLN / Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane D. Development Agreement for Roundtree Place Subdivision with Corey Barton Homes and Trilogy Development, located at 755 Linder Road, in the NE 1/4 of Section 14, Township 3 North, Range 1 West E. Development Agreement for Little Creek -H-2016-0076 with In Perspective, LLC located at 1470 N. Locust Grove Road, in the northwest 1/4 of Section 8, Township 3 North, Range 1 East F. Recreational Pathway Easement – Five Mile Creek, Segment H2 - Yuan 5. Items Moved From the Consent Agenda 6. Department Reports A. Public Safety Department Annual Update CITY COUNCIL WORKSHOP AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Wednesday, November 9, 2016 – Page 2 of 3 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. B. Community Development: Overland and Eagle Land Use Planning Area C. Legal Department: Transfer of Real Property at Main and Fairview from ACHD to City of Meridian D. Interagency Agreement for Real Property Transfer - Agreement for Transfer of Real Property on Southwest Corner of Main Street & Fairview Avenue from ACHD to City of Meridian E. Legal Department: Discussion of Regulation of Short Term Rental Properties F. Clerk’s Office: Updates to the Animal Control Code and Dog License Vendor Agreements 7. Ordinances A. Ordinance No. 16-1711: An Ordinance (H-2016-0081 Roundtree Subdivision) of the City of Meridian granting annexation and zoning for a parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated in the Southeast ¼ of the Northeast ¼ of Section 14, the Northeast ¼ of the Southeast ¼ of Section 14, the Southeast ¼ of the Northwest ¼ of Section 13 and the Northwest ¼ of the Southwest ¼ of Sec tion 13, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and annexing certain lands and Territory, situated in Ada County, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R -8 (Medium Density Residential) District in the Meridian City Code; Providing that Copies of this Ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commissio n, 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 B. Ordinance No. 16-1712: An Ordinance (H-2016-0076 Little Creek Subdivision) of the City of Meridian Granting Annexation and Zoning for a Portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) Situated in the Northwest quarter of Section 8, Township 3 North, Range 1 East, Boise, Ada County, Idaho; 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 R-40 (High-Density Meridian City Council Meeting Agenda Wednesday, November 9, 2016 – Page 3 of 3 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. Residential) 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 8. Future Meeting Topics 9. Amended onto agenda: Executive Session per Idaho State 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 Into Executive Session at 6:10pm Out of Executive Session at 6:45pm Adjourn at 6:45pm Meridian City Council November 9, 2016 A meeting of the Meridian City Council was called to order at 3:05 p.m., Wednesday, November 9, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Warren Stewart, Jeff Lavey, Mike de St. Germain, Mark Niemeyer, Steve Siddoway, Mike Barton, Brian McClure and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts __ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: I would like to call this meeting to order. Thank you for joining us today. For the record it is Wednesday -- we don't meet on Wednesdays, but we also don't meet on Election Day, so this was set over to Wednesday. It is the 9th of November. It's five after 3:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda Item No. 6 -- or 7-A the ordinance number is 16-1711. And on 7-B the ordinance number is 16-1712. And also we need to add an Item 9, which is an Executive Session as per Idaho State Code 74-206(1)(f). With that I move we approve the amended agenda. Milam: Second. Meridian City Council November 9, 2016 Page 2 of 61 De Weerd: I have a motion and a second to amend the agenda and a pprove it. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 4: Consent Agenda A. Final Order for Paisley Meadows (H-2016-0117) Located at 2180 Amity Road by Hayden Homes, LLC B. Final Order for TM Crossing (H-2016-0116) by Brighton Investments, LLC, et al., Located Northeast Corner of S. Ten Mile Road and I-84 C. Final Order for Browning Plaza (H-2016-0008) by SLN / Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane D. Development Agreement for Roundtree Place Subdivision with Corey Barton Homes and Trilogy Development, located at 755 Linder Road, in the NE 1/4 of Section 14, Township 3 North, Range 1 West E. Development Agreement for Little Creek-H-2016-0076 with In Perspective, LLC located at 1470 N. Locust Grove Road, in the northwest 1/4 of Section 8, Township 3 North, Range 1 East F. Recreational Pathway Easement – Five Mile Creek, Segment H2 - Yuan De Weerd: Item 4 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Just want to give a shout out -- Mike. Pass on my congratulations for Item F finally. Are you on agreement? So -- Mr. Clerk, will you, please, call roll. Meridian City Council November 9, 2016 Page 3 of 61 Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Department Reports A. Public Safety Department Annual Update De Weerd: So, we will move into Department Reports with our Public Safety annual updates. Who drew the short straw? Lavey: Madam Mayor, Council, I don't know if I drew the short straw or not. I actually volunteered, so that could be good or that could be bad. We will see how that goes. Madam Mayor, Council, thank you for the opportunity to speak today. I know it's always asked. I have 22 slides today, but about five of those slides we will not be covering, but they are in your -- your paperback copy I gave you so you can just refer to them for later. First and foremost, before I begin, I just -- I actually -- reflecting back on this past year, I really need to thank the men and women of the police department for all of our successes . Because without them we would not be what we have and it's their commitment to both the Meridian Police Department and their commitment their community that makes Meridian such a great place to be in and -- and that really is that in a nutshell. I can give little coordinates to go left or go right, but they are the ones that actually take it and push it forward and so I just need to make sure that the thanks go where it is deserved and, then, I also have to thank you, Mayor and Council, and for all the years that I worked in the city, which is -- I'm now on my 20th year and my tenth year as chief, I have always had the support of the Mayor and whoever was in the Council seats. I know that many faces have come and gone, but they have always given me and our department the support that was necessary to -- to be successful. But thinking on this past year and the budget workshops and prior to the budget workshops I asked a whole heck of a lot from this group in front of me and you listened and not only did you listen , but you gave us what we wanted and more and I just need to say thank you for that. Not only for the Police Department, but for our community. You truly believe in what we are trying to do and what we are trying to achieve and trying to maintain and that can't help -- that can't happen unless we have true positive partnerships and for that I just need to say thank you. The next couple of slides are just our mission. You have seen this before. Our vision -- this vision is -- is in draft form right now. Meridian City Council November 9, 2016 Page 4 of 61 We are really kind of redefining who we are and who we want to be and we are working on passing this through the entire department, so that's why I say it's a draft form, because only the command staff has seen it. And, then, the CARE values are the values that we as a city have taken on many, many years, but we have taken it to heart and during a recent management checkout that we had a consultant working with us and she really expressed how we were a values- based organization and different than most other departments in the area and we truly believe that, but it's nice to hear a third party say that and see that and so I just share with you those first couple of slides in there, so you can refer back to it if -- if you ever have questions on it. But, really, what this person -- this consultant did was challenged us to celebrate our successes and I realize that we have had so many that they are hard to remember all of them and so today it's just a very brief highlight of some of the things that have been occurring in the -- in the police department over this past year and if there is -- at the end or I guess whenever if there is questions about things that you may have heard about and not seen in the presentation just ask and we will talk about them. But I wanted to start out with our Impact Team. Our Impact Team is something that started out with the COPS grant several years ago. Actually, four years ago. The COPS grant was for three years and I'm here to tell you that the city is one hundred percent funding that now. It's not -- not a grant anymore. That's really our proactive enforcement team that can -- that can go after problem areas within our neighborhoods and try to prevent problems before they get out of hand . Currently they are chasing all over Meridian looking for our shooter from last night. So, you will probably see them on every corner out there. They are quite -- quite busy. We have an awesome community that's calling in tips left and right and so they are very, very, very busy today. They were working all night and they are working all day as well. Our SRO team. Mayor and I have actually talked about this team and their supervisor a couple times this year and over the last couple of years we have really seen a major improvement in our leadership with -- amongst our SROs, our youth interaction with our SROs, our partnership with the schools and, believe it or not, it's gotten even better and the relationship now with -- under the supervision of Sergeant Shawn Harper, has taken it to -- to new levels and not only has it increased the youth interaction , which makes you smile, but it's recognized across the community, their work that they do within our community. So much so that they recently just got a community service award from the Department of Justice from the U.S. Idaho Attorney Wendy Olson and that was awarded to them as well for their work. So, we are very proud of what they do. I know the Mayor hears it, I hear it from the principals of that group of people in the schools and -- and so this is their moment to get additional recognition for their work. De Weerd: And, chief, I just met with one of our school principals and he highly praised their NRO -- Lavey: Yeah. Meridian City Council November 9, 2016 Page 5 of 61 De Weerd: NRO. SRO. And as someone who collaborates, engages and brings people to the table to find solutions and so they see the city as an active partner in addressing a number of the issues in this particular high school and -- and in developing important relationships with the students that will come -- come around and pay dividends in being a part of the solution . So, kudos to your SROs, NROs, and certainly to Sergeant Harper. Lavey: Thank you, Mayor. I appreciate hearing that. Also, just so Council is aware, is we don't have SROs that are permanently assigned to the elementary schools and there is a reason for that and it goes -- there is a long history we don't need to get into today, but -- but we have our current SROs that realize that they may be assigned to the school, but their responsibility is the entire school district and we see our SROs in the elementary schools now. They are going in there and responding to calls. They go in there even when they are not requested to show up and so we are trying to do everything that we can to -- to deal with our schools. There is about ten of them in the group, but there is like 38 high schools -- or -- 38 high schools. That would be crazy. Thirty-eight schools within our city and so it's just -- it's kind of crazy, but they do a remarkable job. MADC. I believe you got an update from Kendall last week on that, so I don't want to go into too many details and be redundant , but there is a couple things that I do think that -- that are worth mentioning it again and that's our prescription take-back program and we have been -- I don't remember how many years ago that it was implemented, but about six and it started out with a small safe that we had convinced the department of equality to give us after they did a demonstration here in Meridian and I will tell you now we have three and a half safes that we use for the take back of prescription drugs. We are still the highest capacity in the Treasure Valley as far as drug take back and every year it keeps getting busier and busier and so I have some figures in there for you. We took back 2,980 pounds in the entire 2015 and for the first ten months of this year we are at 3,467 pounds of painkillers and narcotics and other prescriptions that are not being flushed down the drain or being put into our landfills and if -- I don't know if I have ever told this Council what happens to them, but we actually deliver them to a certified incinerator down in Utah and they burn them and it's -- it's got the HEPA filters and the screeners, so that -- that smoke doesn't get back up into the air and gets filtered out. So, it costs about 140 dollars a load that we go down there about three times a year and dispose of it. So, it's -- it's well worth it. De Weerd: And I guess it's also behind the -- why the prescription drug costs on the street are so high is they are not readily available and now they are turning the heroin, which is never a good thing, but I appreciate the work that MADC does. This is a legacy of Lieutenant Overton. Lavey: It is. Meridian City Council November 9, 2016 Page 6 of 61 De Weerd: And certainly of Alicia Figueroa and Brenda Murdock, but it's exciting to see that it's been such an exciting and successful program for our community and our community has really stepped up and really embraced it and I think it's also an important partnership that the Police Department had with Public Works to remove constituent that often finds its way into our -- our discharge and it's really hard to remove. So, this is a win-win-win. Lavey: It is. And it just keeps getting bigger and bigger. So, the other thing that I want to talk about is our evidence department. This was on the KTVB news a couple weeks ago, but we were not mentioned by name, so I will publicly mention us and they were talking about the sexual assault kits being submitted into the crime lab and how it was a daunting process and how some departments were pretty close to being compliant and other departments were -- still had work to do and if you recall in that story -- because I do believe that K.C. sent it out to you and if you read the link it's just one department in the state is a hundred percent compliant and that is Meridian. So, that's another kudos for our two gals that work in -- in the evidence room. I briefly mentioned to you a couple months ago that we got recredited. Well, one of the key standards -- or several of the key standards in accreditation is -- is the evidence room and the property room and the work that they have done to clean that up and an account for every single piece of over 10,000 items of evidence in their room is just remarkable and so that was just one factor that -- that helped us there. It's one factor that usually has departments not passing at first and that wasn't the case for us. Analytical services. This is going to mean -- this means more to analytical services than it does to maybe this group here and even to me. I can't wrap my head around exactly what it means, because I'm not the one doing the data entry and the work, but if you want to look at that, they processed 33,470 police records, police reports for entry, arrests, supplements, accidents, scanning of the documents, FI cards, validations processed and public records. They have absolutely been busy and those numbers -- although I don't have the previous year's numbers, so we can't really benchmark that, I will tell you that they -- they increase every year. And I do have some numbers that I will show you here later in the presentation to show you their -- their increase. And, then, the other thing is analytical services has been an active participant in the records retention with the city and the city task force and that's -- that's involved many people over the -- C.Jay is probably involved now, but it was Jaycee and the other Jacy and our -- our job was to take ten years of documents and go through each and every one of those documents so we could prepare those for -- for destruction. So, they have been busy. I gave the Mayor this update just a couple days ago about how many officers we were going to hire on December -- I think it's December 7th. I have December 5th in here. You can see it's crossed out eight down to seven. Someone just lost. We are going to get into this a little bit more later on in the presentation, but we screen each and every one of our applicants very hard to make sure that we have the right people and we discovered some things on one individual that he's better off to stay where he's at and not becoming our problem here. So, on December 7th we will have seven police officers that are starting in Meridian. Meridian City Council November 9, 2016 Page 7 of 61 They are the first group. We have another group that we are currently processing and we are in our third day of interviewing in this week. We have gotten applicants from Dallas PD. We have gotten applicants from San Diego Police Department. We got applicants from other parts of California. Long Beach, California. Some departments here in the state that are going to have a wanted poster put out on the Mayor and I, because we have five of theirs. But we are getting a lot of -- of applicants. They are not all quality applicants, but we are getting a lot of applicants that we are screening through. We have had a couple of -- or, excuse me, we have had a couple of retirements that you are aware of this past year. Earl Sharp and SRO Mike and we have a couple of others that are coming up and one the Mayor just mentioned was Lieutenant Overton. Lieutenant Overton has been with the city for not quite 25 years and he has decided that his grandson is more important than we are and he's going to be his -- his caretaker while his son starts a new career. So, he's going to retire next month. And there is someone in the room here over my right shoulder to your -- to your left that's got that big smile on his face and there is a reason for that as well, because he's decided that after two department s, San Bernardino County and then -- in California and retiring there and, then, coming up here and working another ten years, that's probably enough time in uniform . So, he's going to retire as well. De Weerd: Yeah. What is it with that retirement word. I mean Gempler -- C. Gempler every time I see him he has his internal smile. What is it with that. It's looks nice on you, Mike. Lavey: Not everyone is retired from the Meridian Police Department over the last 20 years and been able to smile like that, so that is -- it is truly gratifying to see that people are actually leaving here because they want to leave here and they are leaving on their terms and they are really happy about it and they still want to be a part of this department , just in a different way. So, it's -- it's really nice. So, thank you, Mike. Because of all the upward mobility of bringing on new people and command staff members leaving, it requires us to jiggle a lot of internal promotions. We have two lieutenants. We have -- because of those two lieutenants we have two sergeants. We have another sergeant, because you gave us a sergeant position over the budget year , so three sergeants we are promoting. Three corporals we are promoting and, then, new bodies in and it really is challenging for us to keep track of all that movement and we have it plotted on our whiteboard. But our current plan right now is to bring all of those new hires -- all seven of them -- cross your fingers that it's not six by then -- and those promotions before you on December 20th and just do a celebration, kind of swearing in, a recognition, and I guess it's a pre-Christmas celebration. So, that is the current plan. If you recall, we talked about a staffing allocation study that was funded for FY-17. That is in full force working with the agency that is working on that with us. Looking at our patrol calls, our staffing needs, looking at our detective staffing, looking at our non-sworn staffing, records, code enforcement, evidence -- really just kind of capturing all the calls for service, all Meridian City Council November 9, 2016 Page 8 of 61 the workload that's -- that's coming in and the bodies that we have and trying to come up with future projections that are based upon a third -party opinion and not an internal opinion. So, it's really just an expansion of the -- of the report that I shared with you back in -- I believe April -- April or May, somewhere in there. So, that is currently in force right now in its very, very early stages. Some of the things that we are also looking at is our organizational structure, the makeup of the department. As we keep adding officers we have to make sure that there is a proper span of control and supervision. Captains we will have to look at. Is it -- is it necessary? Can it be done differently? Patrol lieutenant. Right now we have two patrol lieutenants that work a very, very, very -- very flexible schedule trying to -- to achieve the greatest response out there, but nobody can work 24 hours a day and so there is -- there is not that supervision out there when there should be. Hence we get called at 1:30 in the morning on shootings that occur. So, we deal with that. We are really going to have to -- and I know this is probably a point argument -- talking about our public information officer. The amount of requests, the amount of media and social network requirements that are occurring and being placed on us are unbelievable and at some point in time for us to do quality work and timely work, we are going to have to have somebody doing that and dedicated to doing that all the time . Deputy Chief Basterrechea does a phenomenal job on the news , but he also is the one that fields the dozens of phone calls a day and writes the media releases and responds at midnight at night to make us look good and one person can't do it all. So, we will talk about that. That's in the capital improvement plan for the future that you will be seeing -- I believe in December. Community service officers. We talked about this before. Bottom line is police officers are expensive. It costs a lot of money to hire a police officer. You all know that. And is there types of duties out there that we can relieve responsibility from the police officers and hire somebody else to do, whether it be a traffic hazard, whether it's pick up a bicycle, abandoned vehicle -- something of that nature where we could have a community service officer respond to that, free up a police officer to do the harder, more dangerous work out there. And so that's one thing that we are looking at as well. Instead of adding more police officers at a considerable cost, maybe we can add some civilian workers that could relieve the stress and leave the more dangerous, time-consuming things for the police officers. That will be part of the staffing study that we do as well. And as the city grows we have to continually evaluate and add beat areas. We need to figure out how to better deploy our resources so we can maintain our response times. We have had some difficulties with the county's new CAD system -- is pulling some of those response time data sets out, but we are able to capture some and in the last dashboard that we sent you the response times were in there and it looks like we are pretty much tracking normally. Not better. Not worse. It's taking us about three and a half minutes to get to a priority three, lights and siren call. It is taking us about seven minutes to get to a priority two, which is urgent, but not an emergency call and it's taken us about 8.7 minutes to get to a priority one call, which is just a normal report call. I will tell you, though, that those are from the time that they are dispatched to the time that the officer arrives. They are not Meridian City Council November 9, 2016 Page 9 of 61 necessarily the time that the person called in. So, that person may be calling in and that call sits in queue and prioritized and so they may have a longer wait, but once the officer says, yes, I'm going to that call, then, that's what those response times cover. Body-worn cameras. I wanted to talk a little bit about body-worn cameras, because Meridian had decided to go to body-worn cameras way before the uproar of Ferguson and some of those other places and really the reason why we wanted to go to body-worn cameras was to validate and prove the good that our officers do. I had a number of frustrating complaints that we would listen to and I would think to myself there is no way that we did that, but I had no proof, unless the call was recorded and oftentimes it was audio recorded, but that's only one -- one way to hear what went on, but not necessarily see. But I actually went to a conference and listened to a presentation on body-worn cameras and they talked about officer complaints dropping by as high as 90 percent and I'm thinking wow and so I just brought this in front of you today, because I was perusing this and this is American Police Beat, it's a -- one of many publications we get every month, but what caught my attention was it says body cams reduce complaints -- and this was a Cambridge University study, which says that body- worn cameras can reduce complaints by 93 percent in this study and so I asked our staff to put together some -- some figures for me, because I, too, felt that our complaints have gone down. I'm going to jinx myself and say we haven't received a negative comment card in a long time, so I will probably get one tomorrow, but -- knock on wood. So, I asked them to pull our figures up and you are going to see those right there. Officer complaints in the last three years. In 2014 we had 137 officer complaints. Now, when I say officer complaints, that is everything that we get. That's someone sending me an e-mail. That's someone calling me on the phone. That's calls for service complaint. That is something that we might see that an officer did after the fact and go , oh, that's not right, we need to look into that and where it's a department initiated complaint. So, that's not necessarily 137 people complaining, that is 137 incidences that we took upon ourselves to look at on our performance. And if you see on there that the body-worn camera program was implemented in May of 2015 and what's key to that date is that you will see the figures of -- of our officer complaints in 2015 dropped from 137 down to 43. So, I don't -- I'm not a mathematician and so I can't tell you what sort of percent decrease that is, but it's significant. And, then, we see that in 2016 we tracked a little bit higher there, that we have had 52 complaints that come in. But they are still far less than 137. So, I do believe that our body-worn cameras are doing what we wanted them to do and I believe that's for two reasons. One is if we had officers out there that were doing things that they shouldn't have been doing, I hope that they are smart enough now to realize that they probably shouldn't be doing that when the -- the camera is filming. If they can't figure that out, then, we will find other places for them to go. But, conversely, though, the public knows that we are recording and that changes their behavior as well and if it doesn't change their behavior , when they do call up to complain and we ask them if they want to see the video, then, they just hang up on us and that's probably why you're seeing that complaint number is dropping as well. I have told you, though, that with every great thing Meridian City Council November 9, 2016 Page 10 of 61 that we do there comes those unintended consequences and one of the things that was in the dashboards last -- last month was the public records request that we started tracking and they have increased and this is a table that was in that dashboard that you have seen. We didn't track public records requests prior to 2014 in some areas and separate it out and we have been working on that. So, you just kind of see the -- at the last row body-worn cameras and audio, we didn't track in 2014. 2015 we had 663 requests and in the ten months of this year we have had 1,909 public records request. But, thankfully, I did request a records analyst position, records retention position, to cover those increases and that's one of the positions that you all approved for FY-17. So, I think we are managing it, but you will see on there the increase that we are getting in those requests. I put this next bullet here really for Council Borton, but he's not here today. He and I have talked about this a little bit. On the body-worn camera program we actually use iCloud storage. We don't store it here. And iCloud storage is really cheap, but when you're putting a lot of videos in there it adds up fast and so our contract that we have covers the storage costs up to a point and we constantly look at that to make sure our numbers are staying in check. Well, one of the significant benefits that we just had is that evidence.com just changed vendors and they went and -- and I don't know if -- they went from one to Microsoft, from Microsoft to Google to Microsoft or something. I don't know which vendors they are. But when they switched they got double the capacity for storage at -- at no additional cost to us. So, what our contract originally had has doubled and it's free to us. And at some point in time we are going to run out of space and they are going to want to charge us more per -- per gig, but as they had these larger agencies, the LAPDs and the New Yorks, they realize that they couldn't add them without having an unlimited plan and so when we signed our contract an unlimited plan did not exist. One does exist today. It doesn't make any sense for us to go to the unlimited plan yet, because it would cost additional funds and we are within our capacity right now. But when we get to that point where we are going to start paying overage, then, we will change to the unlimited plan and, then, right now the current estimate of the unlimited plan is 10,800 dollars per year total. So, it's really kind of a no-brainer for us. But that's ten -- that's 11,000 dollars we can save right now by not -- not doing that. So, there is no reason to do that yet. I want to talk about the Public Safety Training Center. Mark might highlight on this a little bit as well. I can tell you that it's been a complete success, not only for the police side, but for the fire side, but I will let the fire side touch on -- on theirs. We have had some very high-level courses that we have sponsored that the benefit is that we didn't have to send an officer out of state to go to it. So, we have saved at least 2,000 dollars per officer by not having to send them to these classes. But I wanted to share with you some of the comments that we have heard from instructors and one of the instructors from Southern Police Institute out of Louisville, Kentucky, said that this is the best facility he's ever taught at. Now, I think a lot of that has to do with the fact it's new and the technology is great, but that's what they are telling everybody else as they pass through the United States about how awesome Meridian is and so that's -- that's good news for us. What it's done, though, is it's just attracted other Meridian City Council November 9, 2016 Page 11 of 61 high-power classes and that's a benefit, but it creates a lot more work. We have had attendees from Pennsylvania, Missouri, Orange County, California, several places in Colorado, Aurora, Colorado State, Denver, Spokane, Washington, and the list goes on. So, we are making a pretty good name for ourselves across the United States in regards to what we are offering here. We are talking about the - - taking it to the next level and what does that mean . I don't have the resources really to take it to that next level, so that's one thing that we are going to have to talk about as far as if we like what we are seeing and we want someone to coordinate the classes that are going out of there, we are going to need someone that's dedicated to doing that. I have not talked to Mark yet, but this is really not just a police problem, this is going to be a police-fire issue that we will have to talk about and come forward if we want to take it even beyond it's probably going to take additional resources for the future. Scenario village. That was phase two of this plan. We have engaged our youth and our schools to help us plan it. We did envision them helping us build it, but we have realized that the -- the state and the city regulations are just too extensive that you are going to need a general contractor to oversee that, but talking about the early stages of how to move that to the next level. The Mayor and I have been talking about some -- some potential funding issues through some Homeland Security funds. Don't know if it's there or not, but we are trying it and we will be talking about how to move that to the next level over the next several months . This is an item that you will see a lot. If you read any of the law enforcement reports or the after -action reports of the major media events that go across the United States in regards to use of force, you're going to see that oftentimes the person is having some sort of mental health crisis or they are under some sort of substance abuse and you can probably cite lack of training on the part of the officers in the departments and that's one thing that this city and this department has never done is cut back on our training. When we have had some difficult times -- and I -- well, I get chided a lot from my other fellow peers that say, well, Meridian doesn't really ever have any difficult times, but difficult times for us. When there is not as much money there and you have to look at cutting -- cutting back, we have never once cut back on our training, which is usually the first place that most departments do, but we have really challenged ourselves to how to be better . Crisis intervention training is something that we have been doing for every single police officer in Meridian, but it involves a four to eight hour training block for each and every officer and, then, we do a 40-hour block for a small amount of officers. We have finally decided that although it's going to be challenging because of the 300 percent increase in mental health crisis calls that we go to and the expectations that the public has of us, that we are going to get every officer through the 40 - hour program, even if it takes me three to five years. It just absolutely makes sense, because that's -- that's something that we deal with on a daily basis. And, then, we are really looking at -- while this hasn't been an issue for us, we like to be innovative and forward-thinking and look at increasing R&D escalation training, so we don't get ourselves in hot water and have to go back and explain to the community why we did what we did when we shouldn't have done it in the first place and those are some areas that we are working on trainingwise. Meridian City Council November 9, 2016 Page 12 of 61 Marketing and recruiting. I just look at -- I want to have a diverse working group that mimics our community and our community has changed so much , but I need to make sure that the department is a welcome place for them and, then, try to recruit them to come work for us. We do a phenomenal job without really even trying, so I just challenged our people to go -- if we really try how much better could we be and, really, one of the -- the areas that I would like to see is more females that are supervisors within our department and currently we only have one and I would love to see more of it. Not going to force the issue, but that's just a goal that we are looking on and how can we make that even better. One other thing that our command staff has been talking about is -- is really listening to the expectations and the concerns of our community is we might think we know what the problem is, but it may not be the problem that is really meaningful to that neighborhood and so we have to listen and hear what they are saying so we are prepared for that. The other thing as we get larger we are talking about building relationships and talking about having police liaisons with diverse groups. In the city of Boise they are so large that they have different diverse groups of people where they actually have a police liaison that shows up and communicates with that group and can share stories back and forth and keep that line of communication open. Whether that's ACLU or LGBT, or any of the refugee groups or -- or anybody for that matter, we are getting to the point where we have to do that here as well in Meridian and, really, it's a proactive move and so we can hear what their concerns are, what their issues are, and maybe adjust our training or adjust our -- what we do based upon community feedback as well. So, those are the things that we are looking at as well. It's not just training what we think we should be training, but training what our community expects their officers to be, because I tell our officers we are only here because the community allows us to be here. If the community doesn't want a police department, they will convince you all up here to get rid of us and we will do something else. But we are only here because they want us to be here and so we need to remember that. Technology in the 21st century. With Mike Tanner in IT and Jamie Leslie in our department, those two gentlemen have done some unbelievable things in regards to technologies, but their brains never stop and they are thinking how do we get better and how do we do more. I will tell you that we have a close working relationship with IT. We are a paperless process as far as report process, as far as taking the reports and we will scan them in and, then, send them to the prosecutors and the courts all via electronics. It's not paper. We have our e-citation -- electronic citation that we will print off a paper copy for the citizen in the field. Everything else is done electronically. We used to have to come back to the station before the car would -- would download to our computers and, then, into the state. Now that's done right in the field, because of Mike Tanner's work. And we are really trying to figure out how we can do more in the field without paper and I will tell you that we have always looked at field reporting -- field report writing -- or report writing in the field and I have been slow in doing that, because it really comes down to officer safety issues. You see a lot of officers are being ambushed because they are being distracted in their cars and they are not paying attention. The last thing I want is an officer with his head Meridian City Council November 9, 2016 Page 13 of 61 down in his computer typing a report and have something come up to them. So, we are slow in writing the actual report in the car, but that's not to say that they can't take a computer and go into a house and take the report via electronically in a house and so really trying to figure out how -- how we can take it to the next level. And, then, under our body-worn camera program it involves upgrades to our computer -- upgrades to our cameras several times during the contract and we are adding eight additional cameras for those new bodies that we are bringing on board and it's going to be a wireless camera and so we are going to convert all the cameras over wirelessly at the same time and so we will -- we will no longer have to be burdened with the -- with the cords. The other plus to that is it has a battery that can be replaced here without being sent in. If we have a battery that fails now we have to send it in and it takes six to eight weeks to get it back. So, there is a lot of good in that and there is no additional cost to the city. It's all part of the contract, other than the cost to adding those new cameras and I just saw those figures and it's -- it's under budget, but not much, by 300 dollars. So, 300 dollars is 300 dollars. It's under budget. So, we -- actually, we guessed pretty close. And probably our single greatest success is developing our department culture and setting high expectations of our people and that's been difficult at times, because when people can't meet or choose not to meet those expectations it causes some stress upon me and -- and some hard decisions to make and end up losing some good people. But we are focusing on maintaining our culture -- our culture. Accountability is really important to us. This is where I kind of hinted at when I said we went from eight to seven people is we are looking for that -- the right people in the right places and I will tell you right now we need bodies on the streets. We have some -- some officers that are on light duty, we have some officers that are going through some health issues , we have some open positions and I have some upcoming retirements and we absolutely need help in the field and we are doing everything we can to get those people, but I am not going to make life harder for us by bringing in the wrong people and so when I asked Berle Stokes, Lieutenant Stokes, some successes in patrol and he says I don't really know how to frame this and so you're not going to see this in the PowerPoint -- is he said that despite the challenges that we are going through right now, we have great people that are making it work. He goes I don't know how we are doing it, but we are making it work and so that's really a testament of -- of how our officers view this community. But hiring the right people and make sure they are in the right places is crucial to what we do and it's all based upon our department values and city values. It really comes down to trying to get the most that we can for the cheapest that we can, but still maintaining or improving the current level of service and if I could wave a magic wand and figure out how to do that easily I would do that , but that really is -- is what we are trying to -- trying to do. And with that I'm going to open it up for any questions or comments and, then, defer it to Chief Niemeyer. De Weerd: Council, any questions? Cavener: Madam Mayor? Meridian City Council November 9, 2016 Page 14 of 61 De Weerd: Mr. Cavener. Cavener: Chief, I'd echo your comments on culture. When I engage your staff, sworn or non at all levels, it's refreshing to hear them reinforce that time and time again. So, kudos to you and your team for that. Can you talk just a little bit about the difference between the community service officers and sworn officers and what does -- what differentiates between a sworn officer and a community service officer? Lavey: Sure. I could do that. So, a sworn officer would be required to go through the police academy and would have arrest authority and would come at a higher cost and on workmen's comp because of injuries and salaries. A community service officer would be similar to a code enforcement officer, but right now a code enforcement officer really does, you know, abandoned vehicles, weeds, obnoxious things -- quality of life things and it really would just be an expansion of their responsibilities and what they do and so they may go to a car crash that -- that is just, you know, a rear ender or something like that where they can -- the cars are already off the road, where they can just take a report and transfer information, or it may be a -- you know, a traffic hazard where something's in the roadway or something that they could just go with a truck or a car that has an orange light on it to protect them and go pick it up out of the roadway. But it would be non-sworn. It wouldn't require the extensive training that we have to go through, so that's going to save us cost and, then, because it's a non-sworn position it would also be a cheaper salary. So, really, it would just be getting a -- a person that would not have to go through all the advanced training and the academy and would have no arrest powers, that would just be a citizen that's doing the duties that we assign them to do. It could be parking. You know, it's really what we choose to allow them to do. Cavener: Madam Mayor, follow up with something. Chief, are there municipalities around the valley that are using these types of officers and , if so, who and -- Lavey: Madam Mayor, Councilman Cavener, yes, there is two. Garden City started it and Boise city also has them. That I'm aware of. Those are the ones that I am looking at modeling after them. I want to say Nampa, too, but I'm not sure on that one, but I do know absolutely for sure Garden City and Boise city have them. De Weerd: Okay. Any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council November 9, 2016 Page 15 of 61 Milam: Chief, the answer your math question is 69 percent, approximately. Lavey: I knew someone would do it, but I knew you -- didn't think it would be you that would be the one that did it. Thought it would be these two guys with their phones. Milam: It went down by approximately 69 percent. And I just want to reiterate that the CARE values that your team does really show and I feel like I have a conversation on a regular basis with citizens that are in Meridian and other places discussing this and really just talking about how -- how much better our police force is than any other police force anywhere ever, so as far as their -- their respect and their kindness and their care towards the people that they are dealing with. Lavey: Thank you. I appreciate hearing that. They are not -- they are not ours as in the police CARE values, they are ours as in the city's CARE values and that's one thing that the Mayor probably will remember that when we first started with the CARE values the police department has to be different, they have to be their own island, so we have our own values and, then, we -- in a book, which you didn't know what those were unless you went and took the book out and read them and, then, you had the city core values and we said why do we have two sets of values and why do we have values that we don't even know what they are. They really have to mean something to us. We have to know what they are and be able to remember them. That's a great thing about CARES and we adopted those. Now, we might have tweaked them a little bit as far as what they mean to us, because we have had that argument about customer service really isn't something that the police department deals with customers and I said , well, we deal with everybody professionally and if you have to call it professionalism instead of customer service, I don't care, but that's what we are going to be doing and it's taken us a while for that culture to be adopted and it's been a little difficult, because you have to hold people accountable. That's hard. Especially when you're up here and, then, you get promoted now you're supervising your peer, but it really comes down to quality hiring, too. We used to fill positions just because we had open positions and we don't do that anymore. We find good, quality people that -- that have those same values, because we realize that those are something we can't train, those are moral, ethical, family values that you have come up with as -- as an individual and I can train you how to be a police officer, but I can't train you how to be more and that's what we are looking for. De Weerd: You know -- and I'm glad you brought that up the -- up front you're looking for officers that fit the culture of the department of the city. We just got an e-mail recently -- and I have kind of told the chief that one of those performance measurements is when I drive down and I drive by one of our officers and they start waving at me instead of not noticing anyone drove by. You know, it wasn't just me it's that they are more aware of what's going on in our community. So, we just got this e-mail from a grandmother who said that she and her grandson Meridian City Council November 9, 2016 Page 16 of 61 were out in their front yard and a police car drove by and the police officer waved and it wasn't just the fact that he waved , but he did turn around, come back and got out of his car and gave him -- gave the little boy a sticker and she said, you know, just that act of coming back made that little boy's day and has changed how he sees the police department -- a police officer and, you know, those things go a long way. They pay dividends to building relationships with our community. It's more than just driving down the street, it's caring. And so that is immeasurable. It's kind of one of those squishy ones, but those squishy ones are sometimes the most impactful, so -- Lavey: Sergeant Mark Ford. That's who that was. De Weerd: Officer Mark. Lavey: May as well give the credit where it's due. And one last piece that has nothing to do with the city, but just for Councilman Palmer, I think we have located one of your cars that you have been looking for for a while and just as soon as we are done processing it we will make sure that you can have it back. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I feel like there is confusion now. I'm working with a finance company and there is -- De Weerd: Yeah. How many cars do you have anyway. Palmer: And there is a couple that from what I understand they were incarcerated somewhere in southern Idaho and had -- the car was at some relative and we had no idea where it was, we have been trying to find it for a few months -- about three months and, then, I -- I got my daily e-mail with the arrest report and saw that they were on it and so I checked with them to see if there was a vehicle involved that might have been impounded and it was our car . So, we are super excited to have located our vehicle now and it's back in Meridian, too. Lavey: We aim to please. De Weerd: Any other questions from Council? Bird: Great report. De Weerd: Thank you, chief. Lavey: Thank you. Meridian City Council November 9, 2016 Page 17 of 61 Niemeyer: Madam Mayor, Members of the Council, good afternoon . Wait until we get this presentation up. But the follow-up to Chief Lavey's comment -- we were discussing this beforehand -- some of you recall back in the day when we were a little bit younger and less gray hair -- probably more hair, we would take the opportunity of digging at each other a little bit and throw some things in the PowerPoints and we just realized we are getting older, because we don't even have any of that. So, the fun is gone. De Weerd: So, you did it right off the bat. Niemeyer: I might have. Benefits of going last, I guess. So, with that, thank you for allowing us to take this opportunity. This is the annual update that we do as a public safety partnership where police and fire present some updates to you as Council. See how to work this. I think I'm the guy that has the problem with this. So, the four things that we are going to cover here -- 2016 successes. 2017 budget update. Where we are going with the dollars that you allocated to us to give you an idea where we are at and where we are going with that. Some current and future challenges and, then, lastly, needs and I only have one. So, as far as success stories, we replaced the two engines in service, Engine 32 and Engine 35. Your decision saved about 36,000 dollars to the taxpayers because of the purchase of two. Again, I think you heard Tom Berry at one time talk about how long it takes for them to build some of their apparatus. Ours takes about nine months and so that planning process really starts about a year in advance to make sure we get those within the budget cycle. We did get those delivered. We thought we were going to have to carry forward those funds and we got them here delivered for the FY-16 close out. So, we really appreciate your support and we appreciate the Finance's help on that. They are very good to work with. Our Saturday Public Safety Day. This is something that police and fire do together on a Saturday in October to celebrate Fire Prevention Month and Crime Prevention Month. This year we had 678 participants. We have been doing this for about five years and that is a new record high . That is a lot of work for Pam and for Stephanie and the folks that help out with that . The vendors that come in and help out with that. Huge success. That's a lot of people packed in over at Station One. So, a great success there. We anticipate that to continue. Part of Heart Safe Meridian is making sure that city employees are trained in CPR. This past year we trained 39 new employees. That's not the ones that had already gone through and, then, refreshed on. So, 39 new employees got trained in CPR. That's a great thing for us and for a community. Those folks are now out in our community whether they are with Parks or Public Works or Fire or Police and in the event that we have that cardiac arrest they know what to do and we are helping to save lives through this program. So, we appreciate your support on that. De Weerd: And I guess I would ask if any of you take -- have taken that training? I would strongly suggest it. I have, but -- Meridian City Council November 9, 2016 Page 18 of 61 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I was going to save this to the end, but while I have been trained in it I was going to maybe ask the chief if potentially down the road the rest of the Council could be trained in that as well. Niemeyer: Absolutely. Cavener: I think that would be something that we could all benefit from doing together. Niemeyer: Absolutely. We would be happy to. De Weerd: We will certainly make sure that when it's offered again to let you all know. Niemeyer: In fact, we do have an offering to the public coming up shortly. Director Siddoway approached. They have some staff that they would like to get trained. So, we are going to be doing that over at the parks maintenance facility. I don't have a date yet. They are coordinating that with Pam. So, that would be another offering. The EEOGs. This took about a year and a half to develop. We now have four out of the five Ada county fire agencies and three Canyon county agencies all under the same emergency operating guidelines. That's fire ground operations. That has bettered our communication with one another when we go on responses together and it's bettered our fire ground effective. We are very excited about that. That's been long overdue and was really a milestone for us. Joint entry-level recruit academy going on right now. We have seven agencies participating in that throughout Ada and Canyon counties. We will get to this a little bit later as far as staffing, but we are -- that is moving forward. We are using our training staff to teach at that academy. We are discussing how can we potentially move this into a community college type mod el. Law enforcement has done a very good job in the state of Idaho through POST. Law enforcement officers everywhere in the state of Idaho go through POST. In the fire service many jurisdictions across the country for many years have taken those academies and put them into a community college model where the students bear some of the cost of that and when they come out they are ready to be hired. We kind of do it opposite. We hire them and, then, put them through training, which creates some challenges. So, we are working on that. We think we can achieve that. We also hired Charlie Butterfield. I'm very excited to have Charlie on board. He replaced Chief Amenn. He was a previous assistant chief at Sun Valley. Has about 18 years of service in the -- in the fire service. Has a master's degree in education. His areas of focus are going to be data collection, analysis, reporting, our dispatch and communications liaison with the Ada County Dispatch Meridian City Council November 9, 2016 Page 19 of 61 Center and the sheriff's office, some of our risk management as far as identifying our target hazards and how we can respond better. So, really happy and excited to have Charlie on board. He's been a great fit. And, then, ACCESS, our Ada County City Emergency Services System. This is different than ACAM, which is Doug Hardeman's office for those of you who know Doug. This is the EMS system. This, again, is in a fifth year and we have more success in our fifth year than we did in our fourth. So, a couple of highlights with that. We transitioned to a new records management system where we -- where we do all of our patient care and fire reporting into. Everybody is using that system now in Ada county and here is how cool the technology has become. When we arrived on scene we take our MDTs, our motion tablets, which you have heard about, into the house and we start documenting patient care. When Ada county gets there there is a little special thing that happens between those two tablets , they, then, get that information from us, they add their steps, and when they hit the hospital there is a full report for the doctor that's now treating that patient. So, seamless information, seamless care being given to the citizen , which is a huge benefit. That model that we are under, that JPA, has saved us about 30,000 dollars annually in operating costs. A lot of that is in equipment and supplies that Ada county is now providing to us and we are no longer buying. So, we have reduced that line item in this year's budget. The other is -- what it's forced us to do is look at how we plan our resource deployment on medical calls. So, a couple of highlights there. Fire is not responding to all the medical calls we used to and so a lot of those non-emergent calls that we know historically get transported to the hospital still, the fire department is not going unless Ada county gets on scene, realizes they need us for some help. So, that has decreased our call volume in that area. Likewise, the ambulances are not going on all calls either and a prime example of that is diabetic patients. Diabetics historically we could wake up with the treatments we have and, then, they stay at home. There is no need for them to go to the hospital and with that system and talking about how can we better deploy, we found a better model. So, we are very excited about that. And as part of that we -- we also had to take a look at our fire responses, because we had two things going on. We had ESO, which is the records management system, the reporting system, and we TriTech CAD that was rolling out at the same time. So, one of the discussions we have had between Mayor, the Council, and myself in the past is automatic fire alarms . Commercial automatic fire alarms. Historically we have sent the world, just as if we would to a fire. We do that, because you never know what you are going to find when you get here. The change in deployment -- and this has been done now countywide with all the agencies -- if it's -- if it's during working business hours where we know we have people in the building, we send one engine non-code to go check it out, because we have somebody in the building that can tell us if something is on fire or not through that fire alarm. And so after hours we do still send the full response. There is nobody inside that can tell us what we are doing or what's going on in the building, but we have changed that for the daytime hours, which has decreased our overall resource response, so we are very excited about that. That's a good move. Quarterly joint is going on through this access system. Meridian City Council November 9, 2016 Page 20 of 61 Chief Lavey mentioned the Public Safety Training Center and I did not have that as a talking point, but I do want to reiterate our appreciation for your support in that. That facility has been used heavily. We have used the auditorium a lot. We have brought in national speakers from Texas to Minnesota where we allow our crews now to come to them, instead of us always sending them out. That has been huge. We also really heavily use what's called the SIM room. That's the one where it's got the two-way glass and, then, the room next to it. That's where we do all of our command center training and we also do all over quarterly shared EMS training. So, we have Meridian crews, we have Ada county crews, Star and Kuna sometimes bring their crews in and so we are doing system-wide training in that room and we greatly appreciate it. We did not have that room in the past, so for us the training facility has been a huge addition and a huge positive, so we appreciate your support on that. Along with some of the training, Jeff mentioned CIT training I think is what he called it. Basically, about 30 percent spike in mental health calls. Likewise so have we, because, typically, the calls that they are on we are on, because a lot of those patients are needing some assistance and so our last quarterly training on mental health calls and when those turn violent what do you do and so we work with PD on that as well . But that is something that we are training on as a system. Also our department master plan is completed. We presented that to Council. That was a four agency plan that still had very specific Meridian areas for improvement in. Those topics that we identified that the consultant recommended we look at, we sat down and prioritized those and we built in some of those into our 24 month tactical work plan that I'm going to get to here in just a second . So, a lot of those were operational suggestions that we can do operationally to better ourselves and so I will get to that here in just a second. There is still an outstanding need for our response time adoption. So, that's going to be the need at the end for discussion. Quick FY-17 budget update. We requested two training captains. We thank you for your support in that. We did hire Christian Forbey and Glenn Wilson to fill those roles. Glenn has been at the training academy since it started, so he's there full-time. Christian Forbey, who oversees our programs training, just completed an eight-week engineer development program course. He's also filling in at the academy when they need extra bodies and, then, once that academy is done Captain Wilson will be going to shift training for our daily shift crews and Captain Forbey will begin our emergency vehicle operations course. That's an annual certification that we do. That helps with some of our ICRMP training as far as risk management to hold that course . So, that's an update on our two training captains. The three firefighters that you approved -- we had a total of eight that went into the academy. We had five vacancies going in and you added the three that -- that were approved. We appreciate that. There is a downside similar to what Chief Lavey mentioned. They went from eight officers to seven. We have gone from eight firefighters to seven. We did have one that was dismissed from the academy here recently. So, we are down one spot. Graduation for the academy will be December 9th at 4:00 p.m. at the Idaho Center. This is going to be a really cool deal, because there are seven agencies involved. The Idaho Center was gracious enough to say you can host it Meridian City Council November 9, 2016 Page 21 of 61 here. So, we will actually have fire engines inside the Idaho Center, with our pipes and drums collectively playing in the Idaho Center. It's going to be a really special deal. So, we are very excited about that. So, I say that to put it in your mind. We will do a formal announcement and invitation to everybody. Once they graduate they will begin their field training task book out in the field. FY-17 budget also. Our EMS quality assurance position from the EMS system, that position is filled. QA for all fire departments, including ours, as part of that program will begin January 1st. That is something we have not done in the past and we will begin January 1. That's a step in the right direction. Analytic software. We talked about that during the -- during the budget hearing. We have identified the vendor. The vendor was actually brought to us from our IT department. They have been looking for vendors that could meet our needs. This was something they couldn't build internally. They don't have the capacity to build what we are looking for. So, they brought us that vendor. I can tell you the cost was 60,000 dollars a year, which made me swallow hard. It is a very powerful tool. It's very deep. Software is not cheap these days. But that was a challenge. So, we sat down and we worked with some our partners, Boise fire, Star fire, Caldwell, Nampa, Ada County Paramedics, they all have an interest in doing the same software. Boise is actually using it right now. They got it off a grant to do some wild land-urban interface planning. It's the same exact software. The software is endorsed by the Western Fire Chiefs Association. So, the company Intera is using us as a model for how to do a regional collaboration using this and it will be valley wide 90,000 dollar cost. Our cost will be about 16. So, from 60 to 16 all in a matter of finding partners and collaborating. That's what we are about. So, we are very excited about that. I know Chief Butterfield is very excited to get this software going, because it's going to make his job a little bit easier. Final stage of 24 month tactical plan. This was not a budget item, but it's certainly something that we have been working on once we have entered fiscal year 2017. Our five year strategic plan we finished it. Completed it. We wanted to have a plan moving forward that the entire organization, as well as you, the City Council, the Mayor, knew where we were going in the next 24 months and what our priorities were. So, we went on a retreat. We incorporated the master plan recommendations, our employee engagement survey, as well as the city's strategic plan and developing those 2 3 tactics that we came up with. Each tactic does align with the city's strategic plan objectives. We developed that with the union. So, there is a partnership there. As far as those 23 tactics go, you can see how those are broken out. We have eight short time, which is six months or less to complete. We have eight that are going to be six to 12 months to completion and, then, seven long-term that will be up to 24 months to complete. So, this is our next two years and our focus. In addition each tactic has a measurable outcome. We are very big on how do we measure and how do we articulate success. So, each tactic that we have will have some kind of outcome that we will be able to articulate success or not. So, we are very excited about that. There you can see the flow chart. Something that Councilman Cavener will be getting very used to. Councilman Borton has seen it. And this is just an update. We have been working with the Parks Department -- this is Meridian City Council November 9, 2016 Page 22 of 61 something I'm very excited about and I know Mike Barton is here and so -- we were talking with Parks about the future possibility of co-locating fire stations and parks and on paper it seemed like a very good idea. We are merging two services that the city provides to our community. It's providing a shared face of the city in those locations. So, we got together with Parks Director Siddoway and -- and Mike and what I loved is -- to start the conversation we didn't ask why not, we said how can we do it and I really want to thank Mike. He's been great to work with. So, we have some ideas. We are going to the Parks commission tonight to discuss some of those ideas moving forward in the future . For us as far as fire station locations, one thing we have learned is that putting fire stations on the one mile roadways is not a very good idea. It's great at the time when it's small and a little bit of traffic. As traffic grows you see what Franklin Road has done. You see what Ten Mile has now done with the expansion. If any of you drive Locust Grove at 5:30 at night going home you know what that's done and all of those fire stations are on one mile roadways. So, at the half miles are much better. Better access to the arterials, but it keeps us off the really busy roads to get out onto. So that's one thing that we are looking at. So, with that our Station Six property, that the rural district did buy already, is a challenge. We have even some more challenges with access due to some ACHD constraints on in and out, so we are working with parks on a potential partnership in Bear Creek. That's in its very infant stages that we are discussing. We are also talking about a partnership in south Meridian as we expand. So, we are very excited about this partnership. For Parks it puts our guys right out there with the community and I love that. Chief Lavey talked about waving and so did the Mayor and that was a cool story. I loved hearing that. I had the opportunity to go to Fire Station Three not too long ago and Captain Kiesig was on and Scottie is not one that likes the spotlight I know, but I was just going to have coffee and talk to the guys. They pulled their chairs out and they put them on the tarmac at 5:00 o'clock on Locust Grove. You know what they were doing? Waving. Interacting with the folks that were going back and forth. I see that type of relationship in the Parks. Our firefighters are right there engaging and interacting with the community. From the Parks standpoint it puts a face 24 hours a day on the park and so, hopefully, we will see a little less vandalism and there is some other benefits. So, we are pretty excited about this potential and Mike's excited, we have got some things to work through and get approved and talk and discuss, but I think moving forward this a great concept. We are pretty excited about that. Current and future challenges is staffing and it's not so much the needs of the future, but staffing in that recruit academy. Right now when we have five vacancies we hire five recruits and we put them in the academy. I just got done telling of our last one. So, that sets us now back a year in that position potentially filled again. Station Six when that does come online that's 12 firefighters going into an academy. Going under the assumption that you are going to lose two, if that were to occur you can see where we are behind. Moving forward it was great to hear about retirements coming in the police department. We are in the same boat. We anticipate up to six retirements in the next 18 to 24 months. Those are captain and engineer level positions and so Meridian City Council November 9, 2016 Page 23 of 61 through that you will have to hire back six firefighters, put them in an academy. So, this is our staffing challenge. We have sat down and we are discussing how we do it different. Is there a different model to use that eliminates some of these problems. It frustrates me to no end to ask for a position and, then, say I won't have it for another year. It's hard to swallow. But it is what it is right now based on how we do our academies and how long they need to last to get those firefighters ready. So, we are considering a different approach. The hiring for the academy, we are considering an alternative to the current promotional testing process. Looking for solutions is what we are doing. One challenge is growth and, really, it's -- it's growth specific to some traffic increase. We have talked about that on Locust Grove at 5:30. We all know what the traffic is in various parts of the city. So, with that congestion it does slows us down a little bit. Some of the medians that we are putting in, while safe, they do slow us down a little bit. Things like that do cause us to slow down a little bit in getting to a call. Our call volume -- station call volume is increasing at certain stations. So, Station One, for example, we are going to be about 2,064 calls. As a comparison back in 2000, which really wasn't that long ago, I did not have as much gray hair back then. Our call volume for the entire area that we covered was 2,069. So, one station today equates about what we had for the entire area about 16 years ago. Looking at Overland Road and Ten Mile with the urban renewal and also the development of Overland Road, the commercialization of some of that stuff on Overland Road, as well as the residential development going on to the south, that's going to be a hotspot. And, then, looking at our southeast and northwest corner. So, we are just keeping an eye on those. In our southeast with the YMCA going in, the school, and, then, residential growth, we know that's going to expand and, then, our northwest corner. Some pretty big developments going in as well. So, we are keeping an eye on those as far as future challenges go and try to meet those. Response coverage gaps in growth for us in Idaho is predominately horizontal. That does create some geographical gaps for us, as opposed to vertical growth you maybe see in the big cities. So, with that it takes longer to get there, as opposed to getting there in a short amount of time and going up a flight of stairs. So, that is a challenge for us. The stations are a little bit more spread out as far as -- or the population is a little more spread out. Station Six -- we have been talking about this for a number of years, so it shouldn't be a shock it's in the presentation. We only have one fire station south of I-84 right now and that causes a pretty big concern. So, that is our next need to meet that challenge. Seven and eight, don't know when. That will be dictated on how much growth occurs in those corridors. And that one last challenge we continue to have is that Station One cross-staffing. I mentioned the call volume out of Station One that we anticipate. The reliability factor is down. I know Councilman Borton and I had several conversations about reliability. It's just the ability of that unit to respond within that subdistrict based on their call volume and call load. Right now we are about 74 percent. The anticipated call volume, if you break that out of Station One, 824 of those calls are fire-related and, then, 1,240 of those calls are EMS related. So, we continue to work on how can we solve this and how can we -- how can we meet this challenge. So, that is a continued Meridian City Council November 9, 2016 Page 24 of 61 challenge for us moving forward. So, the need -- try and keep this brief. I know there is a lot on the agenda. We have talked response times several times over the past seven years and the need for adoption of standards as far as response times go. So, what I'm here to ask you tonight -- a follow-up from the master plan presentation that we had -- is to consider the adoption based on our recommendation as far as chute times go and responsive -- travel time. Let me get to chute time first. Chute time is simply the time that the dispatch center notifies us of a call until the time we roll out the barn. Out the station. Sorry. Public safety talk. The standard for that is 60 seconds for EMS calls and 90 seconds for fire-related calls. And 90 seconds is the additional time so they can get their turnouts on. We can achieve this standard. So, we would like that to be considered for adoption. The second piece of this is the travel time standard and I have two options on here, but I do have a preferred option. The preferred option as what was presented to you in the master plan presentation, that is population-based travel time. So, in the urban and metro populations per square mile, which is 2,000 people or greater, we would like to adopt a five-minute travel time. In the suburban populations, which is one to 2,000 people -- and, again, we can map this through GIS on a map and, then, we can articulate our benchmark. It would be seven minutes -- nine minutes for the rural setting, which is 50 to 1,000 people. If you remember the master plan there was also a frontier discussion. We don't have frontier here in Meridian. The pieces that we do are farmland that we have no houses on and so that is option one. That's a preferred option. It's the option that the ESCI, the consultants, recommended looking at going to. Option B, which is harder to track, but it is an option, is to take the city borders and say a five minute travel time in the city borders and seven minute 30 travel time anywhere outside the city borders. I can tell you it's a lot harder to track to, then, gauge a benchmark to performance. So, I'm hoping tonight there can be a brief discussion -- there has been a lot of time to kind of sit on this, chew on this, that we can come out with some kind of direction on expectation. Just file that -- that would be an overview. The one on the left is Option A and we track that through densities. We get those numbers through COMPASS annually, so we get updated densities and we can track that. Option B on the right, you can imagine that's a little bit harder to track , because you have to have a way to pinpoint that call location and determine if it's in the city or in the rural district and the challenging part about that is you can see the little pockets of rural fire district within the city limits as well. And with that I will stand for any questions. De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mark, go back to your call numbers. You showed the truck had to respond to 800 and some fire calls? Meridian City Council November 9, 2016 Page 25 of 61 Niemeyer: Correct. Bird: What year was -- did we have 800 and some fire calls? Niemeyer: So, that is in anticipation. We have taken the last six month's worth of data and, then, broke that out into a year's worth of data. So, the last six months -- Bird: We have been responded to 400 fire calls? Niemeyer: Yes. Four hundred calls that required a fire apparatus response. So, that could be a car fire. It could be a structure fire. Bird: But not a -- not a truck. A fire apparatus. Niemeyer: Yeah. Bird: But if you look at that -- go back to that, Mark. I think -- I might have misread it and I apologize if I did. Eight hundred and twenty-four annual fire requiring Truck 31 response. Niemeyer: Yeah. So, if you look at what Truck 31 responds to -- and keep in mind Truck 31 responds to the entire coverage area, not just Station One's small coverage area. They are going to all extrication calls. They go on automobile accidents within their district. They go on the I-84 calls. They go on the commercial fire alarms, structure fires, reported structure fires -- there is an entire list of call types that they go on. Bird: But it isn't fire responses, all 824. Niemeyer: They are all fire related. Bird: All fire related. Niemeyer: None of those have any kind of -- Bird: For Truck 31 out of Station No. One. Niemeyer: Uh-huh. None of those have EMS calls to them, other than our traffic accidents that we do send the truck for stabilization when they have a patient. De Weerd: Other questions? I know the chief hopes to have feedback on the response time. Niemeyer: I would love feedback. Meridian City Council November 9, 2016 Page 26 of 61 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mark, if you want to jump ahead to slide 17 and, then, to recommendations. Niemeyer: Visual? Cavener: Either/or. Oh. Okay. I will get it. Sorry. I'm looking at the computer screen and trying to talk into the mike. I guess -- I'd like you to dig a little deeper -- to me what it sounds like is that you're -- you're -- well, not officially, but softly recommending Option A -- Niemeyer: Uh-huh. Cavener: -- and you have got some concerns about Option B about its ability to track and I guess what I'm hoping you can provide to us is how it's easy to track in Option A, but more difficult to track in Option B, because when you look at -- when you go to the visual there is pockets where it changes as well. So, both to me appear to be challenging and not being the subject matter expert Option B seems to be easier, so I'm hoping that you could give us maybe a little more analysis behind your recommendation. Niemeyer: Sure. Part of the challenge is when -- in Option A you're breaking down the population per square mile , so you have these one mile square blocks that those calls, then, get pinned into and you simply say did we meet the compliance for the travel time based on what we set here within that. It's very easy visually to capture. It's very easy from a data management standpoint to capture. The software that we talked about, the analytic software, can do that very easily. Under the city model you have to take that call and there has to be an additional layer of determining is that in the city or is that in the district and we have those -- those pockets of white -- that's an added step in the process to evaluate. Cavener: Madam Mayor? I'm going to make an assumption, but I also need to make an assumption that if there is a pocket that is in the district, but is in the metro-urban area, the fire department's not going slow themselves down to get there. I mean it's really for evaluation purposes. Niemeyer: And that's where Option A -- it's regardless of city or district, it's based on that square mile population that we set the benchmark to. The other reason I -- quite honestly I do like Option A is that from a planning standpoint, as we get those annual numbers from COMPASS and can see the population expansion, even in looking at future fire station planning, as the population Meridian City Council November 9, 2016 Page 27 of 61 increases that's a great visual to say, okay, there has been about a hundred calls in that area, our population is now increasing, do we need to plan for that as our next station or does the northwest corner make more sense and from a planning standpoint Option A works a whole lot better. Cavener: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mark, this isn't anything new to you. My question. But before I can get into the times and stuff, I need to -- I need three answers that I don't seem to be able to get and maybe now that we have got Mr. Butterfield on we can get these answers. I'd like to know how many calls we are responding from the station. How many from the area and how many from out of the area for each station. And I -- yeah. I mean per area. Like three has got an area. Because that tells a lot to me. De Weerd: So, I think what might also be helpful -- and I think you have the technology to do what Mr. Bird is asking, but I don't know if you have it all plugged in to -- to know that at this point. But what is our -- what are averages right now in each of those different than bullets under Option A and what kind of staffing -- because I think that it is measured by the first truck on scene in particular for the fire or how long it takes for all apparatus to get there , what are the -- Niemeyer: Madam Mayor, Members of Council, to your point first. I can tell you in that -- in the five minute travel time our average is five minutes 30 seconds right now. Today. It does mark -- this is travel time for the first arriving apparatus. We do have a separate benchmark internally where all arriving apparatus try and arrive there within the first 15 minutes and that's an internal benchmark that we track. So, that is five minute travel for metro urban areas, which is really core areas, we are at 5:30. The goal is five. I can't tell you off the top of my head what our seven and nine is right now. Bird: Madam Mayor? De Weerd: Though I do think that will be helpful for this Council to make those decisions, you know, maybe they can say Option A is preferred, but, then, we need to talk about what your goals are and if they are achievable and how much it costs. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2016 Page 28 of 61 Bird: You just hit a very good statement there. But I think that while these are A great benchmark and I hope we can reach them, you're looking at -- you know, we are not -- at nighttimes we are not going to respond as fast as we can in the daytime. You have to come out of bed. You have got to wake up. You're not going get in the truck and go as fast. I think they are great goals, Mark. I hope we can beat them. But I will tell you I believe that our safety departments respond as fast as they possibly can safely and they do one heck of a job. I have never read -- the only time I have ever had a complaint was when it took 45 minutes for two to get to the Meridian High School for my grandson's broken leg, but it wasn't their fault, they were sent to Timbuktu. So, anyway, I -- while we need a benchmark, I think let's just keep getting -- and they do, they have got pride in themselves. Niemeyer: They do. And I appreciate the comments, Councilman Bird, but I will reiterate the importance of having a performance benchmark. This is the most basic component of a fire department. And when I get questions about why our response time is improving -- or getting worse, the question is what do you want them to be? What are they getting worse to? What are they improving to? And without that benchmark to measure to, it's kind of an open-ended answer and questions. So, having that performance that we can gauge ourselves to I think is very important. I can certainly provide whatever additional information the Mayor and Council wants, come back again, and I will try to get you your question answered, Councilman Bird. I know you have asked the question multiple times and I have given the same answer. I have talked to IT staff about this. The problem isn't necessarily technology to capture your answer, it's the manpower and the hours it takes to get your answer. This is not an easy push the button analysis, this is somebody sitting down and going through every call to determine when the call occurred, where the apparatus was, where did they go and doing that for thousands of calls takes a lot of time. So, there is no easy one push to get your answer and that's been the concern. In the past we had no ability to get that answer, because we didn't have those AVL's -- Automatic Vehicle Locators in our apparatus. So, that is a matter of manpower intensive. We could do a study for three months potentially and see if we can do that, but that's still somebody for IT or my department going to sit down for hours getting that . So, I know when I talked to Councilman Borton about this, instead of being very open- ended and doing a huge study, is there an example you would like me to grab of a call or ten calls or something that would kind of narrow the scope to get an idea and, then, if desired we could dive into it further. But that is a big time commitment to get that information. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 9, 2016 Page 29 of 61 Bird: Mark -- and I think you hit upon -- on it. We need a benchmark for our time, but, in the same token, there is so many different scenarios for those firefighters. Niemeyer: Uh-huh. Bird: Our first responders. Like the police, too. That while every -- in a perfect world everything they would be in their station and be sitting right there and be within a mile and a half or whatever their territory is to the deal and there wouldn't be any traffic on the road. But it isn't so. I agree with you. Let's get a benchmark and hope -- if we can hit it, great. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Thank you, Madam Mayor. I have a couple questions, chief. So, I like the benchmark idea. I mean I want to say, yes, this is perfect. This is where we need to be. But you're not meeting these, which means there is an underlying question. So, my question is what are you really asking for? Because if we answer, yes, we want you to meet these, you're either going to make your guys move faster or there is something else you need that's going to cost a lot of money. De Weerd: Although I think the indicator is what t he chief has been talking about is when is the -- the trigger or the tipping point for Station Six and we are kind of at that higher end and this gives Council information as you start seeing the average creeping up, what are some of those influences and it's -- it's tracking where the truck is, you know, in the service area or not and it's also the influencer of the population growth and the urban or -- yeah, urban-suburban-rural type of influencers, too. So, it will give them a better indicator of -- and to you a better indicator of when that additional substation is going to be needed when you start getting at that higher end. Niemeyer: And, Madam Mayor, Members of the Council, Council Woman Milam, I think -- that was a great answer that the Mayor gave, because it is a planning tool. In addition, it gives us the ability -- if we are not meeting the standard, it let's us ask the question why and, then, it lets us go and look at those calls that we didn't meet the standard on to see if there is some underlying factors that we can improve upon. So, it's not necessarily a money thing. But it is a -- if we are not meeting it what are the causes of that . Maybe it's traffic. Maybe it's the station ultimately long term that it wouldn't have a time, it's in the wrong location. The majority of our calls are now on Eagle Road and that Locust Grove station doesn't make the most sense. So, it allows us to ask the question why. I think if consistently we identify the why, whether it's traffic or weather or we are slow or whatever it is and we are continuing not meeting the standard, then, we have Meridian City Council November 9, 2016 Page 30 of 61 another discussion. Maybe the standard was set too low. Maybe we are not performing to the way we should. So, I don't think -- it's not a money thing and it's not -- I need 25 more bodies, although if you want to give them to me I will take them. But I think it allows us to ask the question why are we not meeting the standard and really dive into why. Milam: Madam Mayor? Chief, that was a good explanation and I appreciate it, because it's easy to say, yes, this is good, go start doing your research. Have you already -- you know that you're at five and a half minutes. Have you already started looking into what some of those problems are? Have you started answering those questions just to kind of see or -- Niemeyer: Not yet. Milam: -- you're waiting for -- you're waiting for an answer for us? I just want to make sure that we are not saying, yes, go do this and, then, you're like oh, we are already over it, time for another sleep in tomorrow, you know what I'm saying? Niemeyer: Yeah. Milam: So, that was kind of a -- De Weerd: What a killjoy. You take away all the -- the arguments of doing something. Come one. Milam: Oh. Madam Mayor. Like I can't read my notes. The o ther comment was regarding Councilman Bird's question. You know, I understand there is a lot of calls, a lot of information, but I think what we have done with other departments and what other places do is, obviously, not the exact same type of circumstance, but you do a sample search -- or, you know, a sample test, we, obviously, have to be preferably somebody nonbias or random -- a very random sample test, but a lot of times that will give you a good indicator of where those calls -- where the vehicle is when those calls are made without going through every single call, so -- Niemeyer: And we can certainly work with IT to -- the Mayor and I already had this conversation on how to get that data and, then, run a sample analysis, if you will. De Weerd: Well -- and the ability is -- already exists through a different perspective from IT that they -- they can put their heads to this and see if there is an easier solution. It will give good data for the -- the administration to look at how each of the different stations are performing and maybe even re drawing the service lines because of various influencers. So, it's -- I'm excited. It's long Meridian City Council November 9, 2016 Page 31 of 61 overdue and I think you need to feel comfortable with what those are and maybe it's even let's look at this and see if it makes sense -- Niemeyer: Right. De Weerd: -- and revisit it. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I think this is something that we have been talking about for three years at least. Niemeyer: Longer. Milam: Well, my three years that I have been here. So -- and I like what you just said. I would be interested in going forward with something like this, knowing that we may revisit it, we may have to tweak it a little bit, but level of service is certainly something that we have been discussing and, you know, kicking the can down the road again and again and again and -- and coming up with kind of the same stuff. So, in my opinion we -- it's awesome doing this and do some work on it and see where your inefficiencies are, see what needs to be done and, then, revisit it and see if we can -- De Weerd: Sounds to me like we are leaning to -- Niemeyer: How is this for a plan. I will -- I will come back in two weeks. I'm going to sit down with IT and see if I can get you a little bit more information, come back and look for a formal adoption. Milam: Thank you. De Weerd: Thank you. Niemeyer: Any other questions? Thanks. E. Legal Department: Discussion of Regulation of Short Term Rental Properties De Weerd: Okay. Item 6-B is under our Community Development. Mr. Nary, before you walk up. Council, would you mind -- I think we have a couple of citizens out here more interested in Item 6-E that we have that first? Is that fine with Council? Sorry. I should ask if that's fine with Brian, but he just got trumped. Meridian City Council November 9, 2016 Page 32 of 61 Nary: Madam Mayor, Members of the Council, so what we have today is a discussion -- we had a citizen concern regarding short-term rental properties in the city. Sometimes they are referred to as Airbnb, which is actually a trade name of a company. VRBO is another one. Vacation Rent By Owner. And there is a few others out there that exist and to be fair , I was not aware this is a significant problem, because I don't perceive Meridian as that sort of resort destination. But it is an issue and it is a legitimate concern and so we decided to talk about it internally to see what we would recommend bringing forward . I provided all of you a memo that was prepared by Louise Reed, who is here in the front row and who raised the concern. I spoke -- or Redd. I'm sorry. And I spoke with her. I had coffee with the Mayor as well. So, we organized an internal group of all these departments, planning, building, legal, fire, code enforcement and the city clerk's office. We looked around the country and it's kind of a hodgepodge today in different places , depending on the level of concern in those communities. Some places have created very strict laws and found some of those laws in either prohibiting them or creating some sort of licensing mechanism and some have chosen not to do anything at this particular time. So, we looked at all the different possibilities and what we could do in the city and, again, some of the other affected people, obviously, are the property owners and neighbors and they are here today to voice their concerns. So, we looked at some -- and this is just one. Not going to say -- there is only 138. This is just one snapshot that we got. This is a Boise page for vacation rent by owner. Again there is more than one site out there for these types of rentals, but that's approximately -- on this page this was done two days ago. Here is a Meridian one. There is 18 on this particular page. Again, VRBO. So, what I did is I also asked to go look at what some of these look like and they vary greatly and if you have ever used this type of service -- best example I can tell you -- Airbnb can be something as minor as renting an air mattress in somebody's garage to actually renting an entire house. So, it varies tremendously out there, depending on where you go. These are some that are in Settlers Bridge. These are actually -- they are either adjacent to one another or very near to one another in Settlers Bridge and they are used -- I guess really extensively for vacation rent by owners. Again, for those that may have never used this service, there is a whole lot of -- there is a whole method to doing this and locating these and you have to register. Some of them have reviews. You can look at the reviews of the location. They can actually review you as a -- as a user, so they can decide whether they want to rent to you. Most of them have deposits and cleaning requirements and things. It's just a different experience than going to a hotel and, again, they are certainly more common in resort communities. We see them a lot in McCall, Sun Valley, Park City, places like that. But definitely there is, obviously, a need in Meridian as well that they exist. So, enforcement tools. Currently under the Idaho Code and the Meridian City Code that we -- there is a definition of hotels that is very broad. All rentals less than 31 days in duration are considered a hotel. So, that is a fairly encompassing definition and we currently, as a city, don't regulate rental properties. We don't regulate them whether they are three days or 365 days. We don't regulate those. We don't have a means to Meridian City Council November 9, 2016 Page 33 of 61 see agreements, we don't have any method to do that currently. So, we could, in one method that we looked at, is you could create a licensing mechanism. A person would register. They have to get a license. You would have -- we would issue that through the clerk's office and that's one scheme that exists out there in the world that they have done to try to curb the numbers of these types of rentals out there. You can create a CUP process, so you can have a different method for your zoning laws and requiring that you have some type of conditional use permit to allow this type of activity to occur in the neighborhood . Again, with those you're allowing it to occur, you're just putting conditions around how that is done. The other one is classified as home occupancy business . The concern we had from a group standpoint is if you start to define short-term rentals as businesses and home occupancy businesses, there is other restrictions; right? You have to reside in the home and only can be a percentage of that and also , again, there really isn't -- other than the turnover, there really isn't much difference between a short-term rental and a long-term rental from a legal standpoint from looking at it. There is not a significant difference from trying to carve out a definition that separates that in the legal world and, obviously, there are places that have prohibited the use and, to be honest, the area of law is very new and I don't think we have a clear -- a clear picture today on how that -- how successful that type of prohibition may succeed through the court system. And, again, I don't know what the issues are. We have done some research. We have looked at some cities and some areas that have addressed this type of concern, but, again, it's pretty new. So, pros and cons. If you read Mrs. Redd's very well written memo -- I mean she raises concerns -- and these are three of them. It's not all of them, but they are certainly concerns on how it -- how the -- some of the change in the character of the neighborhoods can be by these types of activities and that you don't have long-term -- either renters or owners living in the properties, but you have a lot of turnover and there is always concerns with turnover, that you're going to have either degradation of the property or the property is not going to be maintained when you have different people there constantly, it does change the character of the existing neighborhood and that's a concern to folks and I understand that and I don't know that we as a city are experiencing that particularly today, but I think what Mrs. Redd is telling us is that that's the direction we seem to be heading if we don't get a handle on this type of activity now versus waiting until it becomes the problem or becomes an issue and, again, that's the last bullet. There are some other things that are raised in here that, absolutely, if she wants to speak she can raise the things about hotels and hotel taxes, things -- we don't have a hotel tax in Meridian , so it isn't impacting that particular area. It is in other cities and that has been sometimes the impetus to create some sort of ordinance method for regulation because of the impact it has on the hotel industry. Again, we don't have that particular issue here in Meridian today. The cons -- again, the problem is somewhat undefined for us at the moment. We aren't hearing a real outcry from neighborhoods of concern. We actually have people who have expressed very strongly that they want to use their properties for this purpose and recently -- I mean in Rexburg, there was an issue raised -- we haven't had a chance to talk directly to the city Meridian City Council November 9, 2016 Page 34 of 61 attorney, but we found some of the information on the internet and they addressed this same type of thing and did in a town hall setting and had a fairly equal amount of people that were for and against, because, again, Rexburg has both the student population and a lot of people that visit that community for that student population that's there and so this is some -- some method that they use that deals with that transient type of traveler. Resources. This is always the -- kind of the -- the big guerrilla in the room we also have to address. Resources and personnel. When we create regulation, whether it's through code enforcement, whether it's through the clerk's office, whether it's the planning department, it takes additional resources from what we have and -- and that's a concern always and I know it's a concern for all of you. None of this is simple, because it just isn't. Whether we create new ordinances and we, then, have to track. Whether we create new regulatory methods through code enforcement, it puts more burden on the code enforcement division to do that , to track that. If you're going to create a licensing mechanism it creates some burden on the clerk's office to do that. So, all of those have some real fiscal impacts to the city to be able to do this. Our recommendation is at the moment we need to monitor what's going on in our community. Again, when this first came to my attention it surprised me. It didn't seem like Meridian is a place th at people are traveling to to rent people's homes, but we are in the center of the Treasure Valley, there is a lot of activities that occur and, frankly, I have used these in our communities and in general they can be cheaper than a regular hotel, depending on when it is, where it is, those kinds of things. I use Moscow as an example. If you go to Moscow on an activity weekend, whether it's a U of I game or a WSU game, you can't find a hotel for less than 200 dollars. You can find a vacation rent by owner for less than that. So, I understand it exists out there and why it exists. But to date we don't have a lot of data to provide you to say here is the problem that we are getting feedback from. Police haven't received much. Planning doesn't receive much. The clerk's and Mayor's office -- we haven't received a lot of feedback that this is a problem we have to address today. Again, monitor national trends. Most of that is in the legal world. Some of these companies that do this can be very aggressive pro and con and if you want to prohibit it they are pretty aggressive against that. If you want to prohibit it and work with them to fashion it so it fits their business model and maybe not somebody else's business model, they are very proactive in that regard. So, it really is something that's very, very new in the legal world to address . Obviously, we need documentation as they arise and, again, we haven't received a lot of data -- information on this problem and so we would like to at least start making sure we are tracking those things, so we have some way to have a better dialogue with either the neighbors and the community, as well as with all of you. We need to check in with our HOAs, because that's really -- excuse me -- part of the concern are things that are HOA driven, not city driven. You know, the degradation of the property or the maintenance of the property -- many of those things are not things that we as a city track, but if they are out there and they exist and I know the HOAs sometimes are frustrated because they are the only tool in which to enforce those things -- again, the city doesn't actually get into the business of enforcing Meridian City Council November 9, 2016 Page 35 of 61 that, but that's probably a better data information that you all have if this is really a significant issue of concern and we have some outreach through Ken Corder and some others in being able to at least gather some of that information for you. Then we would like to get a group together, we get some data, and, then, come back to you again and see whether or not this is the right time in which to address this concern through some sort of ordinance or some other method that might exist and, again, we don't have to invent the wheel in this, there is lots of people out there doing this. Some have been doing it a long time and don't have quite the same level of concerns or have addressed it and kind of moved on, but others are still dealing with the newness of it and we want to see what's -- what's existing out there before we simply jump in to create a mechanism that will, then, incur some increased resource needs for the city. That's all I have, unless you have questions, and I'm sure the folks that came today would probably like to address you if you want to do that. De Weerd: Council, any questions for Bill? Yes, ma'am. Please come forward. Redd: My name is Louise Redd -- De Weerd: If you will state your name and address. Redd: Louise O'Neil Redd. R-e-d-d. 2343 Sidewinder Drive, Meridian, Idaho. 83646. Settlers Bridge. De Weerd: Thank you. Redd: Thank you. Thank you. Council Members, thank you. Today I Googled -- there is 148 vacation -- when I Googled there is 148 vacation rentals by owner today. On October the 28th of 2016 I had Googled and there was 100 -- wrong glasses. Sorry. It's rough when you get old. Can't -- there was 121. So, from October 28th to today's date from 121 advertised there is 148. May I give these to the clerk? It's Boise-Meridian area. De Weerd: Those are not all in Meridian. Redd: Okay. Now, real quick, because I know your time is valuable. These are single-family homes that have been zoned for single family only. We are talking about zoning laws. We are talking about that these homes act exactly like a hotel-motel extended stay. For example, fully furnished, all appliances, all amenities, linens, all your cooking, big screen TVs, DVD player -- DVD players -- okay. Sorry. DVD players. W asher and dryer. Free WiFi. Some were Settlers Bridge which has access to the swimming pool, which we have rules, but because these people come and go, they don't sign the rules. That's liability issues. Now, you have to make a reservation, as the attorney said. Now, a long- term rental you have to fill out a lease. You're there, your neighbors know you. For example, you save all your life, you buy a home in a single family residential. Meridian City Council November 9, 2016 Page 36 of 61 You want to know your neighbors, you want your kids to play outside with the kids next door. People go on vacation you watch their house, et cetera, et cetera. In short-term rental these are advertised as three nights minimum. Three nights minimum. In 30 days you could have ten different groups of people coming and going. One of our neighbors Kelly Baker has a vacation rental on both sides of her house and there is one more down the street. These are owned by a real estate agent, the same agent owns eight of these vacation rentals in the city of Meridian and one up in Eagle. That is a business. Now, for example, one weekend there was four men next door to Kelly. She's a single parent with a young daughter. And one of the guys when she went outside kind of stared at her. Well, that's not a big deal, because there is nothing wrong with four men renting a house. But when four men are there for the weekend you don't know if they are sex offenders, you have no idea who they are. If they sign a lease agreement you get to know your neighbors next door and that's what the ideal of a single-family zone is. And these zoning laws are already on the books that prevents this. You have got some -- Statute 67-47 -- 67-4911, hotel-motel, means of establishment, which provides lodging to members of the public for a few and shall include condominiums, townhouses, or any other establishment is defined. Also 67-4900, are definitions. Sale. Sales means the renting of a place to sleep to an individual by a hotel, motel, campgrounds for a period of less than one continuous day. And, then, something like the Ronald McDonald house. That doesn't count. Then it says -- Statute 67, Chapter 48, -- or 67-4917(b) as in boy, hotel-motel room sales tax. No tax shall be imposed when residence is maintained continuously under the terms of the lease or similar arrangements for a period in excessive of 30 days. Most of these are rented under 30 days. Also if you compare them to a hotel-motel, extended stay, they have all the amenities. You get a motel you have all your appliances for like extended stay. You have your linens, towels, everything is provided for you. Short-term rentals, vacation rentals by owners, same thing. If you line them up -- which I have a spreadsheet, you will see that they are exactly like a hotel. They don't have to meet the fire department regulations, because the fire department on hotels has to have sprinkler systems in the rooms; correct? The fire department? That is correct? Thank you. These homes are rented out to people that sometimes are there for a week, sometimes they will be there three days. There is no bed tax that you're paying, but if I go down to -- what's the motel in -- I can't think of it right now. On Eagle -- off of Eagle on the right side? De Weerd: Residence Inn. Redd: Isn't there a bed tax on that? Transfer tax when you pay for it? Nary: Madam Mayor. Not unless it's on the east side of Eagle Road. That falls in the Boise Auditorium District. On the west side of Eagle Road there is not. Redd: Okay. Now, there is going to be a new hotel, My Place, which has 85 rooms. That is going to be in Meridian. Meridian City Council November 9, 2016 Page 37 of 61 De Weerd: It's in Meridian. Redd: So, they have to pay a bed tax or do they not pay a bed tax? De Weerd: We don't have a bed tax. Redd: Okay. Transitory tax or transfer occupancy tax? De Weerd: It's not -- certainly -- I have no idea. Nary: We don't have that. Redd: Okay. De Weerd: Don't have that. Redd: So, short-term rentals have been -- many cities have recognized that short-term rentals, VRBOBs, are businesses and they are acting like hotels and motels and by renting out a three night minimum stay, fully furnished, transit occupancy, they provide the same amenities as extended stay and other establishments that renter to transfer -- transit occupancy. Those cities, Los Angeles, Wyoming -- I had a whole list of them. They have all used the zoning code which prevents businesses acting and running the same as a hotel and motel. You have to make reservations for getting these VRBOBs. So, the thing -- I bought into a single family residence. I want to know my neighbors. Our next door neighbors went on vacation for two weeks. They gave me the keys to their house. Go inside, flush the toilets, check on everything. And the characteristics of a single family -- I don't want to live next door to a hotel where every three days in 30 days there can be ten different sets of people in and out. It's nothing but a money thing. For real estate -- especially House Bill 511, no longer allows your HOAs to do anything about it, so they can't do anything about limiting the time factor, which they say that you buy a piece of property, you have a right to do with that property what you want. I totally agree with that. But you are violating the zoning codes and that is these are -- and other cities have said yes. Cities like Los Angeles. Now, in Meridian -- actually in Meridian you only have -- last time I Googled nine vacation rentals to keep track of. That's only nine in Meridian. But the total in the Meridian-Boise area is 148 today. It's climbing. So, we are degrading in the lifestyle, the values of single-family zoning, and that's why you have zoning laws is to create an area for motels, an area for commercial, an area for single families and these are nothing but businesses of greedy people. When you have one real estate agent that owns nine of them and to me that is not fair to the single family people that buy a home and want to get to know your neighbors again and they have -- living on both sides of you. What are the chance of having two vacation rentals next door? Think about it in your mind. Would you let your kids go outside when next door you don't know Meridian City Council November 9, 2016 Page 38 of 61 who is there. Would you want that next door? Would you want to live where you have vacation rentals next door or across the street? Your kids out in front -- I know you should watch your kids anyway. I mean today you have to watch your kids. But think about it, how would you feel with this next to your home when there are zoning laws that you can use, that are on the books, you just have to get the -- you just have to get the official to enforce and right now there is really -- I think -- like I said, eight or nine in Meridian, so that's not that big of a deal for me. I mean to me resources -- because they are on the website, you can Google them, you can send them a letter. There has got to be a way to do this. Other cities have stopped it. So, I think that's enough of your time. I think I have kind of covered everything. But, basically, the HOAs -- Rule 511 just stops the HOA from limiting. But if it's against the zoning law, the zoning code, that doesn't matter. All Bill H-511 kind of did was saying that the HOA cannot say that you can't rent your house out and I agree you should be able to rent your house out as you wish, as long as you're not breaking the law or a zoning code and that's what I'm going after is they violated my rights to live in a single-family neighborhood and now have to live next to a hotel-motel where in 30 days ten separate groups of people. And they charge 185 dollars a night or for a month it's 2,600 dollars a month is what they are making on these rentals. That is also taking single family homes off the market where these could be offered and rented out to people. When you have these vacation rentals, 148 of them, that are now rented for vacation rentals, you don't have single family rentals for people and that makes the other available homes go up in value, in price for rentals, so -- De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Yes. Cavener: Question for Bill. Bill, are these properties in Meridian, are they currently in violation of city code? Nary: No. Cavener: Okay. Redd: Okay. Cavener: Madam Mayor, then, maybe another question. Nary: Council Member Cavener, I can add to that. So, the concern that's been raised is the character of the homes. All of the limited information we have on the numbers of homes -- all of the same requirements exist for these . They are single-family residences. They are maintained like a single family residence. Meridian City Council November 9, 2016 Page 39 of 61 There is no signage. There is no storefront. There is -- there is nothing that makes that house look like a business any different than a long-term rental. And if I could add, Mrs. Redd read off of House Bill 511. The legislature this year enacted a new law based on a court case that originated in the city of Boise where a gentleman owned a condominium and he rented it out as a vacation rent by owner. The HOA changed their regulations that prohibited that activity. It went to the Idaho Supreme Court. The Idaho Supreme Court upheld the HOA's right to do that. The legislature, then, changed the law and preempted the ability to do that and backdated it a year and a half to predate that case. So, from the legislator's standpoint -- to me they have made at least some indication that they don't have an issue with this type of activity. Now, again, that's one case and one circumstance and you can establish it only prohibits you from amending existing HOA laws, unless everybody unanimously agrees to it. If you establish a brand new HOA you could put that in a new one. It doesn't prohibit that. It j ust prohibits ones that are already existing. So, I just wanted to clarify that, since Mrs. Redd brought it up and I didn't know if you knew what that particular reference was. Redd: When you say that -- what they are saying -- I understand this is one of the common threads, as they say, is if there is a single family home and it's not operating that as a business and I -- first of all, what is your -- Idaho 67-49 -- definition of a hotel-motel. Read the definition. What does a sale mean? They are the definition of a hotel/motel. Long-term lease will not charge a fee. They lease it out. If you look at the sales to sleep for less than 31 days. That is the definition of a sale. That is the definition of a hotel-motel. And, yes, they get around this by saying this is a single-family home. It's not a business. When you have one real estate agent having eight of them and three in one subdivision -- she had over two in our subdivision. That's a business and they are not the primary owner. They don't live in it. And, then, yes, Senator Jim Rice of Caldwell spoke out in favor of the bill, which was backed by the Idaho Association of Realtors. That was 511. That was your -- Senator Jim Rice of Caldwell -- De Weerd: Ma'am -- Redd: Yeah. De Weerd: -- we got the point. If you have a follow-up question? Cavener: Mrs. Redd? Redd: Yes, sir. Cavener: The recommendation that was brought forth by the city attorney is to continue to look at this issue and come back with a further discussion in six months. I don't know if that's a satisfactory response for you in light of you just bringing this issue to our attention. Okay. Great. Meridian City Council November 9, 2016 Page 40 of 61 Redd: The thing is is nobody knew about this. Nobody knows how many of these are in your neighborhood, because they don't have -- De Weerd: I have four in mine. I have for VRBOs in my neighborhood. Redd: Yeah. And, like I said, when they say you can call -- if they are making noise call the cops. Well, if they are there on the weekend, you call the police officers, usually they are gone -- or they quiet them down, but the next weekend you got somebody else living there or the next week somebody else is in there , so, then, you call the cops again, but -- De Weerd: Well, I guess I would ask -- have we had complaints? De St. Germain: Not that I'm aware of, Mayor. De Weerd: Mr. Nary, in your conversations with our various departments have you had issues that -- I did go and count the number. There are nine in our city limits. Have there been complaints? Nary: There have not, ma'am. None of the departments that we have met -- and we talked about all the various issues. Fire code. Again, these are single family homes. They are built as single family homes. They aren't required to h ave that -- the reason many of the motels and hotels besides the commercial property -- it's also in multi-unit facilities. So, that's a little different. So, the building department was not concerned about this from a building code standpoint . The planning and the clerk's office had not received complaints of this type of activity or the impact on the neighborhoods because of that . Some areas don't have any HOAs and you may be familiar with just up here on Meridian Road on the west side of the road, there is some homes on the corner that have been refurbished. One is brown and two are white or one is white and two are brown, I can't remember, but those are vacation rent by owners as well. To be honest, they look better than they used to, but that's just them and they don't have any choice, so there is not really an issue there from a neighborhood concern. It's a little bit different character with that neighborhood. But we haven't received complaints through my office. Mrs. Redd's memo and our conversation we had -- and I talked with another gentleman at the coffee with the Mayor that didn't have a concern, but had kind of the same notice concerns that Mrs. Redd had and he didn't have a concern today, but he wanted the city to be aware this was out there and that it could develop into a problem. And, again, we don't disagree, we just don't see it today. De Weerd: And I think since I talked to Mrs. Redd we -- we have used Airbnb. I have to confess that I'm one of the people you're concerned about and I did talk to the -- they live in the home that we rented a room out of and they have been doing it for four years and I did talk to their neighbors as well and there haven't Meridian City Council November 9, 2016 Page 41 of 61 been -- in that particular case -- and I'm not saying it's going to be the same everywhere, but there hadn't been concern with the use of the bedroom that -- that they rented out and so I do think it's important to -- to look at it, to monitor it. It's a new conversation across the nation. Kind of like Uber was when it first came up. It was a new conversation. Cities were trying to see what kind of scale there would be concerns. We probably get more complaints and concerns from renters in neighborhoods than we do -- so far in this and I know we only have nine homes that are listed, but it is something that I think there is reason to -- to look at, but right now we don't have a demonstrated problem, but it is important to pay attention. Redd: Well, like you said, problems. They may not occur -- the problem is they are in the wrong zone. The problem is they are acting as a hotel. All the amenities. If it walks like a duck, quacks like a duck, it's a duck and they do everything a hotel does. If they act like that in a single -- it's against the zoning code. De Weerd: At this point I'm going to listen to my attorney and at this point they are saying that it doesn't violate our zoning code. They still are residential. That they sleep in the bed. They live in the home. And it -- at this point we don't see a violation of zoning code. That's what I heard our attorney say. Redd: Even though the transit occupancy -- which is the same thing as a hotel and even though that it defines what a hotel-motel is, it's -- it's exactly what the single family home is now. It's a hotel. And even though a sale -- it matches everything that your state statute, less than 31 days, 67, Chapter 47 -- De Weerd: You know, Mrs. Redd, I appreciate -- you have done your homework. You have given us the information. You said you would come back -- collect and bring back in front of this -- this City Council. I greatly appreciate that. We need to work together as a community to see if there is an issue and we need to be able to respond. At this point, because of the newness and because other cities around the nation are trying to say this is something that there should be interference by the local governments in. This is a state issue. Is it an issue at all. And those conversations are being had across the nation and there are some really extreme laws out there that this city is not going to contemplate. Redd: Oh, I agree with you. Extreme laws. All I'm saying is you have a zoning code. You have definitions. And it all matches up. If it quacks like a duck and walks like a duck, it's a duck. And everything that you have. And as far as monitoring it, there is no real way to monitor. Half the people don't know in our subdivision of 250 homes -- they don't all know about that. Palmer: Madam Mayor? Redd: And -- beg your pardon? Meridian City Council November 9, 2016 Page 42 of 61 De Weerd: Mr. Palmer. Palmer: Madam Mayor. And to that point, I think that's an important key indicator that they don't know. They haven't noticed. They are not having problems there. I think a major difference between a hotel and what these are is you can walk up to a hotel at 2:00 in the morning, having stumbled there from a bar and get a room. You can't get that at an Airbnb or VRBO. You have got to reserve it ahead of time and -- because the owner has got to prepare for you and be planned ahead for that. So, they are vastly different in that aspect. You had mentioned Uber. Being the liaison to legal I had spoken with Mr. Nary about this coming up several weeks ago and I have recently been driving Uber and I have picked up and I have dropped off a few people that have been staying at these homes around the valley and one thing that I have noticed -- a couple of them -- the reason they have been staying at them is because they are people who are looking at jobs here that are contemplating moving here, so they have picked VRBOs or Airbnbs to check out the neighborhoods. Instead of just coming and staying in a hotel to check out the job and the city, they are coming to check out the neighborhood to know -- to spend three days or a week in the neighborhood that they could be looking at to purchase a home in to be able to experience exactly what it is, to be able to talk to some neighbors to see what their future situation might be like, instead of just staying in a hotel and driving through neighborhoods. Redd: Well, that's not what I -- when you read the reviews on the different ones -- especially in our subdivision, they just came up here for a wedding or they came up whatever. It's much nicer staying here than a hotel. Now, you're taking revenue away from your hotels. You have 148 vacation rentals are going to take away rooms from these hotels that you have here in Meridian and in Boise. Palmer: Madam Mayor? De Weerd: Yes. Palmer: In follow up to that point, we live in a country where we have a free market, where -- you look at Uber and it's competing with the taxi industry heavily. They hate it. But, again, the free market dictates what businesses are going to survive and which ones are going to go away and if -- if these situations grow to the point where they are not causing problems and that they are hurting the hotel industry, so be it. That's the beauty of living -- if they do cause problems and it -- like it was mentioned that we need to monitor, we can monitor it, because as we -- we know the addresses, they are -- we can pop them up in a second and we can compare them to two different kind of situations that are happening, but so far it doesn't look like it's happening, because we don't have enough. Meridian City Council November 9, 2016 Page 43 of 61 Redd: No. You're absolutely right. It's hard to do that. But my opinion was -- or my point was they are a hotel and if they are a hotel they don't belong and they fit every criteria and what -- there is three in one block. What if there are 25 on one block? Kelly has one on both sides. They were there -- had a group of people making noise later at night. The other side -- she's in the middle. Single female with a ten year old daughter. Milam: Madam Mayor? Redd: Anyway, I will let you -- De Weerd: Mrs. Milam. Milam: I definitely sympathize with your friend. I mean to me that's a rare situation and it's -- I would be -- I would hate that situation. I wish I had a good answer for you. And I know this isn't going to answer it -- it may ease your mind a little bit. I yesterday was actually having a discussion with a person who owns an Airbnb and one difference between what they do and what a hotel does is -- if you walk in a hotel you give them your driver's license, you give them a credit card and you stay. She was telling me that she probably only rents to about one out of ten, because they do screen them a lot more than what happens in a hotel. She said for about every ten people that want to stay at Airbnb she only rents it to one. Redd: I -- yeah. I agree that Airbnb -- because they are renting out a room and the primary owner is in the house. I'm talking about vacation rentals where you buy a bunch of houses -- I will go in a single-family neighborhood, I will buy houses, I will turn around -- it's a vacation rental. So, the people that -- and, again, I'm repeating myself. But the people that bought -- want to live in a single- family zone, to get to know your neighbors, you're destroying that by allowing vacation VRBOBs to be in your single-family zoning, operating as a business, as a hotel, you're destroying the characteristic of a single-family neighborhood. That's it. De Weerd: Thank you. Redd: So, I want to thank you for your time in listening to my repeating, but that's how I feel strongly that you do have it on the books, you just have to use it if you want to use it. Thank you. De Weerd: Thank you. Yes, sir. We are -- we will treat this like testimony and there is a three-minute time frame -- Spiwak: Sure. Meridian City Council November 9, 2016 Page 44 of 61 De Weerd: -- because we do have an agenda ahead of us as well. So, thank you for joining us. If you will -- Spiwak: Yes. I'm Dr. Randy Spiwak. I live at 1458 East Loyalty Street in Meridian in Heritage Commons Subdivision. Two hundred and ninety homes. Residential. There are 2,944 registered HOAs with the Secretary of State in the state of Idaho and that represents about 330,000 registered voters out of our six or seven hundred and sixty thousand. So, a little less than half of the voters in this state live in a homeowner's association neighborhood . Did it by choice so they would have some protections from -- from things and also to help keep the value of their property up. The legislature took it upon themselves -- not the city, but the legislature with the recent -- last two sessions to take away the rights these homeowners have to control their own neighborhoods by not allowing the HOA -- the covenants and restrictions of the CC&Rs to say that homes in a residential neighborhood -- in our neighborhood need to be -- if they are rented, which is fine, need to be three months, six months, a year period of time. Those laws that existed in our own rules were superseded back in -- nothing was grandfathered in. Took away all that regulation that people had put upon themselves is gone. So, the only thing that we can look for now is to go to our cities and say uphold zoning regulations. That's why people live in Meridian and if you think it -- that it's only one out of every two voters who lives in an HOA, Meridian is a residential bedroom community. You have a higher percentage of people who live in HOAs in this city than any city in this state. De Weerd: I guess -- then why did they re-elect every single one of them? Spiwak: Because they weren't from our county. They weren't from our voting district. People who voted on that. De Weerd: Our legislators did support it. Spiwak: They didn't listen to homeowners, they listened to a couple of their buddies who had a -- either a place up in -- one was in Donnelly, one was in Boise. They rented it out, because they were just -- the sign out in front of one of them said party tonight. Party tonight. This is right next to a person's home and that's what you don't want to have. There is a place for that, but it's not in a residential neighborhood sitting in Meridian. But I'm hoping that you will, because we have -- we have organized a group that is going to be putting all 2,944 HOAs -- inviting them to work together to support each other and to let the legislators know that half of the votes in this state will be controlled potentially by people who live in homeowners associations . You just don't want to look at that lightly. But I appreciate it. De Weerd: I appreciate you being proactive in finding a solution, because it is bringing voices together that are going to make a difference. So, thank you. Any other comments? Well, thank you. We appreciate you joining us. For sitting Meridian City Council November 9, 2016 Page 45 of 61 there listening attentively to our public safety departments. I hope you felt the same pride we did on their -- they are protecting your neighborhoods as well. Thank you. Okay. If there nothing further from Council, any further questions at this point? Okay. Thank you. Yes, ma'am. Yes. I will not deny a citizen the opportunity to -- to weigh in. McKnight: Thank you, Mayor. De Weerd: If you will, please, state your name and address for the record. McKnight: Debra McKnight. 3578 East Congressional Drive in The Crossroads Subdivision. I am a board member of our HOA. And we have 77 rentals in our home -- in our HOA and currently I'm not aware of any VRBOs, but we are concerned as an HBO -- as an HOA about the potential problem that this -- could arise. I would like to be notified of when the six month study period is up. I'm quite concerned that our legislators listened to a few individuals, the real estate lobbyists or whatever, to pass that law. That was very concerning for us in our HOA. I just would like to represent my HOA and say we don't want VRBOs in our neighborhood. Thank you. De Weerd: Thank you. And we have your name and address for the -- on the record, so we will reach out. So, thank you again for being here. B. Community Development: Overland and Eagle Land Use Planning Area De Weerd: Okay. Brian, I will now turn this over to you as Items 6-B. McClure: Thank you, Madam Mayor, Members of the Council. I'm here to discuss the Overland-Eagle future land use planning area. This is an update and opportunity for Council to provide direction on an upcoming project in the Overland and Eagle Road vicinity. The focus of this effort is on Jewell and Rolling Hills Subdivisions. These are in the county. There are 68 properties on approximately 100 acres. This is -- this area is primarily in the low density residential future land use designation area. Access to this area is by Overland Road only. Some properties are already proposed for redevelopment. The intent of this project is to evaluate the potential for an area-wide future land use map change. You can see the project here in the dash red. The planning area is bound by the Ridenbaugh, I-84, the Elk's property, and some other commercial land. For some history. There are some previous Council approved developments that have already impacted this area. Zamzow's was the first. This is a commercial zoned property in a residential land use. Tribal Fire was the second. This is a commercial land use and a change to the zoning. Silverstone Apartments is the most recent. This land use change will permit 300-plus new dwelling units in the area. This is a snapshot of the future land uses for this area of Meridian. The project area is in green. Low density residential and is Meridian City Council November 9, 2016 Page 46 of 61 surrounded primarily by mixed-use regional. The question kind of is low density residential really what the city envisioned in this area. Something worth pointing out is the county subdivision on Loder. That's to the west of Eagle Road. This county subdivision is in the mixed-use regional future land use designation. It's contemplated that at some point in the future -- potentially the far future, this may redevelop. It's a lot easier to plan for road conductivity and cross-access in advance when you know to expect it. Piecemeal redevelopment of residential areas is more likely to create conflicts, enclaves, and other land use issues. Here is the zoning for this area. You can see Zamzow's and Tribal Fire have already been annexed and zoned with the city. So, there is some background. Next steps are to engage with property owners to make sure they understand some of context and the impacts here, to find out what they want, and, then, to take that, essentially, and draft some land use alternatives. Follow up with City Council. Update them. We will either then propose a formal change to the future land use map in this area or follow up with City Council and let them know differently. Lastly I would just note that there is no plan for a consultant to help on -- at this point. We don't envision needing any help, but I wanted to throw that out there as a possibility. I'd be happy to take any questions or, more importantly, directions if you have any at this point. De Weerd: Thank you, Brian. Council, any questions? Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Brian, who is -- who is driving this request? Are we receiving inquiries from people wanting to redevelop? Is it just as a result of the C-G district? Is someone expanding that we are trying to be proactive? Just trying to find out where this is coming from. McClure: Madam Mayor and Councilman, the -- it's a staff driven exercise. There have been a number of changes in the area and it was just kind of the same sort of thing. Cavener: Okay. De Weerd: I guess when you start seeing parcel by parcel coming in for a plan change, you want to take a look at the larger surrounding area and see what best fits and what the property owners feel. Hood: Madam Mayor, if I can just -- De Weerd: Caleb. Meridian City Council November 9, 2016 Page 47 of 61 Hood: -- expand on that a little bit. We -- and I think Brian did a good job of just kind of -- our initial meeting -- we just want to see if there is any want of the property owners in this area for that change. If they are happy with the lower density land uses currently there and the way they are using, you know, their -- their property today and into the future, that's fine. We just question it -- like there seems to be a higher and better use here. You see what's going on. Is there a majority of you that do see this transition into something more urban. We are not trying to sell anything to anybody necessarily. We want to ask the question. Say, listen, if there, in fact, is this undertone of redevelopment out here, we are willing to facilitate that, because we think there is some potential for redevelopment as you already can start to kind of see with the Zamzow's and the Tribal Fire and we'd rather do that as a master plan and kind of initiate that it being onesie, twosie and -- and at least there is some organization to the redevelopment. But, again, we are not -- we just question. It's been low density residential since I have been here and I imagine it's because that's what it is, not because of what it could be. De Weerd: And that is -- they will be grandfathered, it just changes as the use changes. So, you're going to have that conversation -- Hood: Yeah. We will explain that, Madam Mayor. If I can just follow up. Yeah. There wouldn't -- what we would propose would be to do the future land use map change. Any development would be on each individual or conglomeration of property owners if they want to get together and develop something. But we would say is the community's vision for this area low-density. What is the community's -- i.e. these two subdivisions -- is your redevelopment plan -- it doesn't kick anybody out now saying, yeah, but you can't live here anymore once we make this change, it's if you want to transition to something else, this allows you to transition to higher intensity. Cavener: Madam Mayor, follow up if I may. De Weerd: Mr. Cavener. Cavener: Caleb or Brian, how many homes are over there now and do you have a target of how many that you would meet with before you would come back with any type of decision a recommendation? McClure: Madam Mayor and Councilman, there are 68 parcels out there right now. I think there is probably three that are Zamzow's, so that's out. I think most of the rest of them are homes. So, maybe 64, 65 homes. That's the target. Hood: Yeah. Some of that we haven't set -- you know, it's not a hundred percent. It's not 50 percent. It's not 51 percent. I don't know. If you have a target, if we have this first meeting and it's, you know, 67 percent, is that Meridian City Council November 9, 2016 Page 48 of 61 enough? I don't know. We are just going to kind of play it by ear and plan on reporting back, as Brian said, after that first one. Here is what we -- this -- you know, there is 65 people that we invited, seven showed up, three of them thought this was kind of interesting and three of them said leave me alone or whatever. We will tell you and say, hey, do we take the next step? Does that seem like enough. Again, we are not really trying to sell anything. We just want to touch base with these people and try to sort of be proactive, even though we are kind of reacting to what already is going on out there. De Weerd: Kind of like Montvue Subdivision, which is now Portico. Hood: Yeah. De Weerd: That was a subdivision that once there was a land designation on a comprehensive plan, it gave an investor an opportunity to go in and work with every single one of those homeowners and did it diligently until ever y one of those homeowners were convinced to be part of that larger project. So, it's -- I think it has several different opportunities, but if the landowners are not interested -- Cavener: Well -- and, Madam Mayor, I appreciate Caleb's point that he's reiterating that we are not going out there to sell them on anything, it's just an opportunity to check and -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Several months ago my wife and I, we were looking at -- I'm pretty sure it was on Topaz -- a piece of property on Topaz to survive and knowing that the potential there is huge and we talked -- De Weerd: By then? Palmer: Yeah. It was not in the best of shape. As -- I mean it's been there forever -- yeah. And there is a lot in that same situation where -- and when we talked to the neighbor across the street, because he was out in his yard when we were looking at the house and he said that he is doing the same thing, hanging around, because he sees that there is -- it's all growing towards him and so I think you will find a lot of -- I mean I imagine you would just by my intent there and talking to one neighbor that you will find a lot of interest probably in that. I would say move forward at least having the discussion. De Weerd: Okay. It looks like there is agreement to go and have the conversations. Meridian City Council November 9, 2016 Page 49 of 61 McClure: Thank you. De Weerd: Thank you, Brian. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: The reason we obviously couldn't was it wasn't eligible for annexation and we wouldn't have been able to hold to that and be in another house, so -- missed opportunity, but good opportunity for the future there. C. Legal Department: Transfer of Real Property at Main and Fairview from ACHD to City of Meridian De Weerd: Okay. Item 6-C is under our Legal Department. Hello. Kane: Thank you. Madam Mayor, Members of Council, I'm Emily Kane. I'm a deputy city attorney in the Legal Department and I am going to give you an update on the transfer of the real property parcel at Main Street and Fairview Avenue. This is known as Parcel 162 on the southeast corner of -- it's on the southeast corner of Main and Fairview. It's that -- this building here is Wells Fargo and it's that little triangle shaped peace just right there on the corner. So, back in 2012 we entered into an agreement with MDC and ACHD for the Meridian Split Corridor Phase 2. In Section 5 of that agreement the city agreed to maintain the landscaping at that parcel, so that it's a nice -- it's a nice entryway into our downtown and, then, section -- under Section 6 ACHD agreed to consider vacating that parcel as right of way and conveying it to the city following completion of the split corridor project. They also agreed to waive consideration pursuant to a 2010 fee waiver agreement. They valued this parcel at about 86,000 dollars. So, it's not really a gift, but that's the value of our -- of our new asset. So, just a quick overview of the vacation and transfer process that we followed to get here -- or that ACHD, really, has followed to get here. There is two steps in the vacation and transfer process. The first is vacation and, then, the second is transfer, of course. The first step, vacation, is governed by Idaho Code Section 40-203 and just quickly there is a number of steps that ACHD has the right of way authority needs to follow. First they pass a resolution where they state their intent to abandon and vacate the parcel, whether that's in the best interest of the public. They hold a public meeting. It's publicly noticed, of course, by posting -- posting on the property, as well as the regular public notice. They, then, have a -- oh. And I will say that public meeting was actually held here in July at Meridian City Hall. We had one person that attend and it was the manager of Wells Fargo. She just wanted to know what was going on and she learned about it and was happy to hear. Said it was nothing. So, she didn't really have anything else to say and she was the only person who had commented. So, the -- then ACHD held a public hearing. Notice was given to Meridian City Council November 9, 2016 Page 50 of 61 the abutting landowners by mail and we were also on the mailing list. The copy list is really long, almost a page, so everybody knew about it. The notice of the hearing was published three times in the Idaho Statesman and after -- after that ACHD entered a written decision to abandon and vacate the parcel and passed a resolution according to the statute. The transfer process is in Idaho Code Section 67-2323. It involves a written agreement -- first, that agreement is drafted and I worked with ACHD's legal department to do that. They held a public hearing on the draft agreement after publishing notice of that hearing twice. ACHD executed the transfer agreement last week on November 2nd and this step is where we are now. The city executes -- is to execute the transfer agreement tonight and, then, the conveyance -- or the property will be ours. The conveyance happens by quitclaim deed, which would be recorded after it's all over. And the last step would be that we -- we own that little property -- that little parcel. So, that is the update. That's everything that's happened so far. And the next item on your agenda is the transfer agreement itself and I would recommend that you sign that as it was presented. De Weerd: Thank you, Emily. Council, any questions? D. Interagency Agreement for Real Property Transfer - Agreement for Transfer of Real Property on Southwest Corner of Main Street & Fairview Avenue from ACHD to City of Meridian Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the execution of the agreement as presented. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just per tradition, whenever this property is mentioned, Councilman Cavener and I just want to point out that we are determined that before we die there will be a flagpole on this property again. That's one discussion I have. De Weerd: Well, we wish you a long life. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. Meridian City Council November 9, 2016 Page 51 of 61 De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Kane: Thank you. F. Clerk’s Office: Updates to the Animal Control Code and Dog License Vendor Agreement De Weerd: Okay. Item 6-F is under our Clerk's Department and I will turn this over to Mr. Clerk. Coles: Madam Mayor, Members of the Council, I will try to be brief. I know you have a little bit more ahead of you tonight. I should have hit the three minute button on the timer before I got up here, but -- Bird: You can have a half hour. Coles: Thank you. I come before you this evening to bring some updates -- proposed updates that we would like to make to the animal licensing -- animal control code and specifically administrative updates to the dog licensing portion of the animal control code. In addition, we have some proposed updates to our dog license vendor agreements that I would propose this evening. De Weerd: They have a cat fee? Coles: It's a redemption fee. Yes. So, what I -- what I handed out is two pages. The first page are the redemption fees that the Idaho Humane Society chargers when an owner of an animal goes and needs to pick up their animal that's been picked up. The second page are the licensing fees for us and the other municipalities in the area. So, you can see where we stack up in terms of our license fees. You can see where I think appropriate where we want to be. We did explore changing those fees, but when we saw that we were kind of right where we want to be and where we need to be, we decided to -- to leave those things alone. But how we got here this evening is a little bit of history, as I'm sure you're aware. The dog licenses used to be issued out of the Meridian Police Department. They were also doing animal control for many, many years. In September 2013 we contracted with the Idaho Humane Society to do animal control, but the police department continued to do dog licensing. A few months ago the clerk's office, in using the Accella software system, spoke with the police department about automating their -- the dog licenses and how they issue them. They had been using a paper form for years and years, which upset some dog owners when they would come to renew their dog license they would have to prove every year that their dog was spayed or neutered, even though that doesn't change once that happens or their rabies vaccinations was up to date and that is Meridian City Council November 9, 2016 Page 52 of 61 good for three years. So, they would have to show that every year. And the paper form -- there was really no efficient way to track if they turned that in the previous year or not. So, using Accella we can import that information the first time and, then, not have to look at it again. We can also track the three-year vaccination. So, that actually brought up the larger question when we talked, okay, the police can use Accella, but why is the police department continuing to issue dog licenses when a majority of licenses that are issued for the city are done out of City Hall and through the clerk's office and the Community Development building permits and CZCs and that sort of thing. So, we spoke again with the police department and said why not transition the licensing of dogs out of the police department and just do it in a central location at City Hall with the city clerk's office and the police department and they had the same reaction that you just had. Yes, they were very pleased with that. So, one of the code changes that's presented tonight is removing the police department out of -- out of the code in terms of where you can find or obtain your dog license and just having the city clerk's office be designated and our designated vendors that we contract with. Another one of the code changes we are presenting tonight is not having to prove a rabies vaccination to the city. We met -- myself, Emily Kane, Jaycee Holman, Matt Parsons with the police department as well, we met with the executive director of the Idaho Humane Society and he suggested to us that the license shouldn't be held up based on the failure to proof the rabies vaccination. So, it's not really important that the city have that information, but that the Idaho Humane Society have it and they can verify that if a dog is -- is picked up. It doesn't change the requirement to have a rabies vaccination, still required by Idaho law, will still be required by our ordinance, just that they don't have to prove to the city when they get the license that they have a rabies vaccination. So, in order to make sure that we educate our customers when they obtain a license, they still need to get a rabies vaccination, we are going to hand out an informational flyer with your license stating you're still required to get a rabies vaccination. If you don't here is what's going to happen if the Idaho Humane Society picks up your dog. So, those two items are kind of the big ticket items in terms of code and administrative changes in the dog licensing code. Switching to the vendor agreements, before I became the city clerk, Jaycee Holman and Jacy Jones went out during the summer and met with our dog license vendors, which are mainly veterinarian clinics. They had some feedback for us on the process in terms of issuing licenses. One of which was the amount of time it takes their staff to issue the license and right now the cost share we give to them is ten percent of the license. So, it's $1.60 for an altered dog or $2.10 for an unaltered dog. They said financially for them it doesn't really pencil out that they have their -- their office staff issuing the license, but that's -- that's the cost share. So, they wanted to see if we would explore changing that. So, in our vendor agreements we are proposing to share 50 percent of the administrative fee with them, because we are asking them to do more. We are providing them spreadsheets so they need to input the information into -- be auto populated or I guess use the formulas in Excel to make sure that they are all calculated correctly and they get it back to us, but we have asked for all that Meridian City Council November 9, 2016 Page 53 of 61 information to be input by them and, then, they provide it back to us. So, they are doing a majority of the work when they issue the license, we are just taking it back and importing it into Accella and, then, we have the information. So, we would like to share more of that cost with them, so that they may be incentivized a little bit more to speak with their customers to get a license . So, as far as the city is concerned I don't think we are about making money on the license, we just want the information. The Meridian Police Department figures about there is 17,000 dogs in the city. We license roughly 4,000 of them every year. So, we want the Idaho Humane Society to have that information as well , so that when they get calls they know when they get to that location that they are going to see a licensed dog in most cases. So, over the course of a couple of years, having changed that cost share, we are hoping that that incentivizes the -- the veterinarians to issue more licenses. The second thing that we are looking at -- De Weerd: Well -- and it gives them greater incentive to remit that every 30 days, which is what you filled in. We found one business that held the list for two years. If that -- those animals -- the owner believes that they have registered, they have done all the things they needed to, but it was never turned into the city, so when that animal was impounded, then, they could have been penalized, because they didn't have the proof of -- so, this -- Coles: Absolutely. De Weerd: -- gives greater accountability and incentive. Coles: It does. Absolutely. The other thing that we would like to look at doing with -- with your blessing is changing the expiration dates of the dog licenses . This was the other feedback we received from the veterinarian clinics , but also from potential applicants who have come into the city for these dog licenses . The fee is the same year around and it's always been -- or it's written into our code that the expiration is December 31st of the year that it was issued . So, you come in January 2016, that license expired December 31st, 2016. You come in August 1st, 2016, the same price as it was in January and expires December 31st. So, you have only got a few months there. So, what we have found is people that come in and they are in that situation, they may choose not to license their dog that year, because they are paying the same price that someone did in January, but they are getting less value to them for that license for only a few months. So, what we would like to do and what we are proposing is changing the expiration to be a rolling expiration based on the date of issuance. So, one year from the date of issuance of that license is when it would expire . That enabled us to do a few things. One is we can remove the expiration date from the tag itself, so once a tag is issued to the dog and the dog owner they never need to purchase a new tag itself, they just need to renew that tag every year. So, over the course of several years and dog owners doing this and participating with this, we can save the city money without having to mail out new tags or purchase new tags just to give them to the dog owners that year and purchase Meridian City Council November 9, 2016 Page 54 of 61 new tags the next year for those dog owners. Tags are about 25 cents. The cost of mailing is 49 cents. So, again, over the course of the long haul we are going to save the city money in not having to purchase just tags just for that year, but for the entire city. So, it saves us money. It also enables the owner not to have to purchase a new tag every year. De Weerd: Can the owner come in and get a new tag if it's lost? Coles: Absolutely. Yes. Our -- the lost fee is five dollars if you have lost a tag and you need to do that, get a new tag. Those kind of big ticket items and a quick overview of our administrative changes we would like to make to the code and also to the vendor agreements. What we are looking to do is to seek your direction to perhaps bring an ordinance change to you maybe as quickly as next week with your blessing with these proposed changes. The reason we'd like to do that is because the vendor agreements are contingent upon the ordinance changing. We'd like to go out and meet with all of our potential vendors to have them sign the new agreement to take effect January 1st , but bring those signed agreements back to Council for approval in the month of December, so they can take effect January 1. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And you were going faster than my brain was for a while there . On the license I would sooner see the license come due -- and you say they cost what, 25 cents for a license? Coles: Yes. Bird: That's the cost of the license itself. Yeah. The fee -- that's the cost of the license itself to the city, but the fee -- the application fee is either 16 dollars -- Bird: Yeah. Okay. I understand that. I have no problem with the 50 percent to the other people. But if you're -- it's going to be a nightmare if you go on a year ly basis like the driver's licenses or the car license is and stuff like that, how am I -- how are you going to know that this -- that I had my dog in August and I got -- and the next August I renew, how are you going to know I renewed? And am I going to carry a piece of paper round with that dog telling us that I have renewed? Coles: Madam Mayor, Members of the Council, Council Member Bird, I appreciate that question. So, with our Accella software system that we have that the city clerk's office uses for all of our permits, temporary use permits, alcohol licenses, special event permits, fireworks permits, we are able to input that information, so, then, we on a monthly basis will get reports and alerts that say Meridian City Council November 9, 2016 Page 55 of 61 these dogs at these addresses, their licenses are coming due 90 days in advance, 60 days in advance, 120 days in advance and, then, we as a city can mail them the reminders that here is the form, you can fill out this form or go onto our website and renew your license. So, we at the city will track that through Accella, because we can input that information and run the reports. Bird: Madam Mayor, follow up, please? De Weerd: Yes. Bird: What -- what if I prefer not to buy -- renew my license? How are you going to -- how are you going to know that I didn't? I mean are you going to get -- are you going to get a monthly printout of who renewed? De Weerd: Yes. Coles: We will. Yes. Bird: Okay. But -- and you will have enough monthly printout of who should have renewed -- Coles: That's correct. Bird: -- and compare. And, then, who do we send to get it? Coles: If we would like to we can use animal control to -- to engage in that, but they will also have that information, so when they -- let's say they get a phone call for a report of a dog that they go and pick up, they can run that tag number and they will see, oh, you haven't renewed yet. Bird: Why don't we just adjust our fees for the year. If you buy it -- if you buy it in August you pay eight dollars and, then, it's still January 1st of the following year it's due. Kind of like you do on license. You don't get a break, but -- De Weerd: Well, I guess, Mr. Bird, if there are 17,000 dogs, then, anyone that goes and knocks on doors during campaigning knows there are 17,000 dogs. This -- this averages out so that that notification over the year, instead of slamming staff all at once -- Bird: We can try it. De Weerd: And they have sent out reminders. They don't go track people down that don't come and renew their license. It really is on an honor basis. So, I don't hear that that's going to change. Maybe at some point when you see there is a system that works well, you -- you look at it -- at that. But right now it's just trying Meridian City Council November 9, 2016 Page 56 of 61 to make the system more friendly to owners and give better notification to our animal control. Bird: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Council Member Bird, I think that one of the best parts about the changes on this ordinance is that exact thing. I am one of those who have waited until August -- oh, I will just wait until January, because it took two -- the process is not -- is not easy and this whole thing is going to make the process a lot easier . I think based on the fact that we have 17,000 dogs and only 4,000 of them licensed tells you that -- that that's a lot of the problem and -- and the goal I think here is to get more of those dogs licensed. Nothing happens, but if the dog gets picked up you get fined. So, that's when you get in trouble is if your dog gets picked up. Bird: And I understand that, so -- Milam: Mr. President? Bird: Yes. Milam: I did notice, though, on here, C.Jay, that our -- the difference between our altered and unaltered is a lot lower than most cities, other than Boise. I wouldn't mind seeing personally a larger difference. Coles: Mr. President, Members of the Council, Council Member Milam, we have internally spoken about that and discussed that . The conclusion right now that we came to is we felt it was appropriate now where it's at, because as the city the fee that we charge needs to reflect the actual service that we provide . Again, we are not trying to make money on the fees, just the cost of the time that it takes to do that. So, justifying a larger increase we at this point -- or difference I should say between altered and unaltered, we didn't feel that we could justify that cost difference, because as the city it doesn't take us anymore time to process altered versus -- versus unaltared. Where the -- the issue comes into play and why I handed out the redemption fees, plus our fee schedule, is because in speaking with the Idaho Humane Society executive director, unaltered dogs are a larger nuisance just in general on the public. They tend to roam more, they tend to be out more, they tend to be picked up more often, because they are out roaming more often. So, what we would like to do is at some point in the future, instead of -- and, again, we will take direction from the Council on this, but changing the altered and unaltered license fee, look at the redemption fees, if you can see many other municipalities have a first offense, second offense, third offense and there is differences there and that's where the Idaho Humane Society is saying -- Meridian City Council November 9, 2016 Page 57 of 61 really comes the nuisance to the public and -- and the cost on the city and the Idaho Humane Society for unaltered dog in the redemption portion of the fees. De Weerd: Okay. Anything further from Council? Is Council in agreement to bring this back for -- in an ordinance form? Very good. Coles: Thank you. Item 7: Ordinances A. Ordinance No. 16-1711: An Ordinance (H-2016-0081 Roundtree Subdivision) of the City of Meridian granting annexation and zoning for a parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated in the Southeast ¼ of the Northeast ¼ of Section 14, the Northeast ¼ of the Southeast ¼ of Section 14, the Southeast ¼ of the Northwest ¼ of Section 13 and the Northwest ¼ of the Southwest ¼ of Section 13, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and annexing certain lands and Territory, situated in Ada County, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-8 (Medium Density Residential) District in the Meridian City Code; 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: Thank you, C.Jay. Good job for your official report there. Item 7 is Ordinance 16-1711. Mr. Clerk, will you, please, read this by title only. Coles: Thank you, Madam Mayor. City of Ordinance No. 16-1711: An Ordinance, file number H-2016-0081, Roundtree Subdivision, of the City of Meridian granting annexation and zoning for a parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated in the Southeast ¼ of the Nort heast ¼ of Section 14, the Northeast ¼ of the Southeast ¼ of Section 14, the Southeast ¼ of the Northwest ¼ of Section 13 and the Northwest ¼ of the Southwest ¼ of Meridian City Council November 9, 2016 Page 58 of 61 Section 13, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and annexing certain lands and Territory, situated in Ada County, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to R-8 (Medium Density Residential District) in the Meridian City Code; 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: And that was one of the qualifications for clerk is being able to read that very interesting stuff . Is there anyone who would like to hear it read in its entirety? Milam: Madam Mayor? De Weerd: I don't see anyone. Yes, Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1711 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-A. If there is no discussion, Mr. Clerk, will you call role. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 16-1712: An Ordinance (H-2016-0076 Little Creek Subdivision) of the City of Meridian Granting Annexation and Zoning for a Portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) Situated in the Northwest quarter of Section 8, Township 3 North, Range 1 East, Boise, Ada County, Idaho; 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 R-40 (High-Density Residential) District in the Meridian City Code; Providing that Copies of This Ordinance shall be Meridian City Council November 9, 2016 Page 59 of 61 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 7-B is Ordinance 16-1712. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1712: An Ordinance, file number H-2016-0076, Little Creek Subdivision, of the City of Meridian Granting Annexation and Zoning for a Portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) Situated in the Northwest quarter of Section 8, Township 3 North, Range 1 East, Boise, Ada County, Idaho; 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 R-40 (High-Density Residential) 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: Thank you, Mr. Clerk. I don't see anyone waving their hand to hear it read in its entirety, so Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we approve Ordinance No. 16-1712 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-B. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Future Meeting Topics Meridian City Council November 9, 2016 Page 60 of 61 De Weerd: Under Item 8, Council, I do have a couple of reminders of upcoming events. Friday at 11:00 a.m., 11/11/11, you will hear -- you have the opportunity to gather with a number of veterans to honor them at the Rock of Honor in Kleiner Park. There is an AIC district workshop on Monday, November 14th, that begins at 9:00 a.m. in Boise at the Wyndham Garden on this stuff and as well there is an outdoor gym ribbon-cutting in Tully Park at 4:00 o'clock on Monday as well. You can join us at Tully. There is also a Rake Up Meridian at 4:30 by MYAC if you want to join them with a rake or whatever you have to -- to rake up for a family in need. Thank you so much. And Todd and Councilman Borton will be joining us at MYAC as well to have a discussion with the subcommittee about participatory budgeting for this next upcoming process. So, that's -- those are my updates. Any items for consideration for future agendas? Item 9: Amended onto agenda: Executive Session per Idaho State 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 De Weerd: I will move to Item 9, then, and ask for a motion for Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSIONS: (6:10 p.m. to 6:45 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Meridian City Council November 9, 2016 Page 61 of 61 Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Motion to adjourn? Bird: So moved. Cavener: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:45 P.M. (AUDIO RE ORDINGa-ONJF LE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD DATE APPROVED ATTEST: C. JA' -COLS,$, CITY CLERK 2GO�Q�RATEO q�CGiP Cily�r � "'LLL w �D1AIV �. SEAL ,>/ Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 4A PROJECT NUMBER: H-2016-0117 ITEM TITLE: Paisley Meadows A. Final Order for Paisley Meadows (H-2016-0117) Located at 2180 Amity Road by Hayden Homes, LLC 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PAISLEY MEADOWS SUBDIVISION No. 1 (H-2016-0117) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 9, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 46 RESIDENTIAL LOTS AND 3 COMMON LOTS ON 12.16 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR PAISLEY MEADOWS SUBDIVISION NO. 1 BY: HAYDEN HOMES IDAHO, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0117 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 9, 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 PAISLEY MEADOWS SUBDIVISION NO. 1, LOCATED IN THE SW ¼ OF SECTION 29, T.3N., R.1E, B.M., MERIDIAN, ADA COUNTY, IDAHO, 2016, CLINTON W. HANSEN, PLS, SHEET 1 OF 3,” is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning and the Development Services ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PAISLEY MEADOWS SUBDIVISION No. 1 (H-2016-0117) Page 2 of 3 Divisions of the Community Development Department dated October 25, 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 Ross Erickson, 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. wo-�--K< hof By action of the City Council at its re 'ilar meeting held on the day of 1voU&-16C,1- , 2016. \�GORQORATEOgGCGs.� A By: (i4vofx- _-. Tammyyn deVVI d I�lA W Mayor, Ci Meridian Attest: h�i `S�q 'O' HAf rn0 TREASUR��P�� C. Jay Colew City Clerk Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By: �'J/ Dated: 11 / (� DO/ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PAISLEY MEADOWS SUBDIVISION No. 1 (H-2016-0117) Page 3 of 3 Exhibit A Paisley Meadows Sub – FP H-2016-0117 PAGE 1 STAFF REPORT MEETING DATE: October 25, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Paisley Meadows Subdivision - FP (H-2016-0117) I. APPLICATION SUMMARY The applicant, Hayden Homes Idaho, LLC, has applied for final plat (FP) approval of 46 single- family residential building lots and 3 common area lots on 12.16 acres of land in an R-4 zoning district for Paisley Meadows Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Paisley Meadows Subdivision final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0117 as presented in the staff report for the hearing date of October 25, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0117, as presented during the hearing on October 25, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0117 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 located at 2180 E. Amity Road, in the SW ¼ of Section 29, T. 3N., R. 1E. B. Applicant: Hayden Homes Idaho, LLC 1406 N. Main Street, Suite 114 Meridian, Idaho 83642 C. Owner: B&L Idaho 2, LLC 6700 E. Glacier Dr. Boise, ID 83713 D. Representative: Exhibit A Paisley Meadows Sub – FP H-2016-0117 PAGE 2 Erickson Civil, Inc. 6213 N. Cloverdale Road, Suite 125 Garden City, ID 83714 V. STAFF ANALYSIS The proposed final plat depicts 46 building lots and 3 common area lots on 12.16 acres of land in the R-4 zoning district. All of the lots proposed in this subdivision are for single-family detached homes and comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2016-0089, AZ-06-042). 2. The applicant shall obtain the City Engineer’s signature on the final plat by October 5, 2018; 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. Prior to signature on the final plat, the applicant shall provide the ACHD license agreement instrument number on the face of the plat. 5. The final plat prepared by Land Solutions, stamped and dated on 9/23/16 by Clinton W. Hansen PLS, shall be revised prior to City Engineer signature on the final plat as follows: a. The applicant shall provide a note on the face of the plat that addresses access across the lots and the responsible party for maintenance of the common driveway that provides access to Lots 8 and 9 of Block 2. b. Complete the recording instrument number reference for the sidewalk easement in the plat legend. c. Revise note #2 to create 5-foot wide side lot line PUDI easements. d. Revise the plat to depict 10-foot wide PUDI easements on the rear lot lines of Block 4, Lots 11-14 and 16-18, Block 2, and Block 3. 6. The landscape plan prepared by Jensen Belts, dated 9/21/16, shall be revised as follows: a. All fencing installed on the site must comply with the standards listed in UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. b. The proposed 4-foot solid fencing with 2-foot “lattice” openings at the top require that the “lattice “ be at least 80% open vision in order to meet the requirements of UDC 11 - 3A-7. This condition is applicable to fencing adjacent to Lot 3, Block 2 and Lot 10, Block 2. 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. Comply with the stormwater integration standards listed in UDC 11-3B-11C. Exhibit A Paisley Meadows Sub – FP H-2016-0117 PAGE 3 9. 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. 10. Prior to the issuance of a building permit, the applicant shall record a final plat. 11. All existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 12. Future homes constructed within this development shall comply with the conceptual building elevations and materials approved with the preliminary plat. 13. Pending the approval of ACHD, that signs saying “No Construction Traffic” be placed at the corner of Locust Grove and Wrightwood, the dead end of Rangewood, and at the entrance to Estancia off of Amity Road. 14. Pending approval of ACHD, a temporary construction access shall be built off of Amity Road, and that all construction vehicles shall use the temporary construction access. 15. A landscape surety shall be put into place for removal of the construction entrance and the temporary construction entrance shall be removed prior to signature on the final plat for phase two of the proposed development. 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 sub division; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the for m 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 Paisley Meadows Sub – FP H-2016-0117 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. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or pri or to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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 Paisley Meadows Sub – FP H-2016-0117 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 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 Departmen t 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. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 7/11/16) C. Proposed Final Plat (dated: 9/23/16) D. Proposed Landscape Plan (dated: 7/11/16) Exhibit A Paisley Meadows Sub – FP H-2016-0117 PAGE 6 Exhibit A – Vicinity Map Exhibit A Paisley Meadows Sub – FP H-2016-0117 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 7/11/16) Exhibit A Paisley Meadows Sub – FP H-2016-0117 PAGE 8 Exhibit C – Proposed Final Plat (dated: 9/23/16) Exhibit A Paisley Meadows Sub – FP H-2016-0117 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 7/11/16) Exhibit A Paisley Meadows Sub – FP H-2016-0117 PAGE 10 1 Joshua Beach From:Ross Erickson <ross@ericksoncivil.com> Sent:Thursday, October 20, 2016 11:16 AM To:Bill Parsons; C.Jay Coles; Machelle Hill Cc:Joshua Beach; Mike Gregory Subject:RE: Revised Paisley Meadows Final Plat Staff Report for 10/25/16 CC MTG Attachments:Paisley Meadows - FP H-2016-0117.pdf Hi Bill – Thanks for sending over the revised report. We are in agreement with, and will comply with the Conditions of Approval as stated within the revised staff report. Please let me know if you need anything else from us in order to have the project included on the consent agenda next week. Thanks, RE Ross Erickson, PE Erickson Civil, Inc. 6213 N. Cloverdale Rd. Suite 125 Boise, Idaho 83713 C.208.867.3954 T.208.846.8955 F.208.846.8956 ross@ericksoncivil.com www.ericksoncivil.com From: Bill Parsons [ mailto:bparsons@meridiancity.org ] Sent: Thursday, October 20, 2016 10:59 AM To: C.Jay Coles < cjcoles@meridiancity.org >; Machelle Hill < mhill@meridiancity.org >; ross@ericksoncivil.com Cc: Joshua Beach < jbeach@meridiancity.org > Subject: Revised Paisley Meadows Final Plat Staff Report for 10/25/16 CC MTG Ross, Attached is the revised Paisley Meadows final plat staff report for the 10/25/16 City Council meeting. Please review the revised report and submit your concurrence to the staff report by 3pm today and I will have the City Clerk place this item on the City Council consent agenda for next week. Thanks, Bill Parsons, AICP | Planning Supervisor City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0571 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting DATE: November 9, 2016 ITEM TITLE: TM Crossing ITEM NUMBER: 4B PROJECT NUMBER: H-2016-0116 B. Final Order for TM Crossing (H-2016-011 6) by Brighton Investments, LLC, et al., Located Northeast Corner of S. Ten Mile Road and 1-84 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 Exhibit A, for the hearing date of October 25, 2016 incorporated by reference. Attached: Staff Report for the hearing date of October 25, 2016 tNorjs S -hop By the action of the City Council at its rear meeting on the day of november' , 2016. DATED this day of 1\loV&v?b&r , 2016 _ 1 c.�'ovkATED AVG Mayor T jy de Weerd (� GS> Attest: ` W mj1041,0N�.. st rha C. ay Col , City Clerk TREASV Copy served upon the Applicant, Community Development Department, Public Works Department, and City Attorney. BY: � � i� ce Dated: ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR TM CROSSING (H-2016-0116) Page 2 of 2 EXHIBIT A TM Crossing – TEC H-2016-0116 Page 1 HEARING DATE: October 25, 2016 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner SUBJECT: TM Crossing (H-2016-0116) I. APPLICATION SUMMARY The Applicant, Brighton Investments, LLC et al, requests a two (2) year time extension (TEC) on the previously approved preliminary plat (PP) for TM Crossing in order to obtain the City Engineer’s signature on a final plat. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on October 2, 2018, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2016- 0116, as presented in the staff report for the hearing date of October 25, 2016. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2016- 0116, as presented during the hearing on October 25, 2016 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2016- 0116 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 the northeast corner of I-84 and S. Ten Mile Road, in the SW ¼ of Section 14, Township 3.N, Range R.1W. B. Owner: Brighton Investments, LLC et al 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Applicant: Mike Wardle, Brighton Corporation 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. EXHIBIT A TM Crossing – TEC H-2016-0116 Page 2 V. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer’s signature on the final plat within two years of the approval of the preliminary plat. Where 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 signed by the City Engineer within successive intervals of two years, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension up to two years. With all extensions, the City Council may require the conditional use and/or plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. 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: October 3 and 17, 2016 C. Radius notices mailed to properties within 300 feet on: September 29, 2016 D. Applicant posted notice on site by: October 6, 2016 VII. HISTORY OF PREVIOUS ACTIONS: This property received preliminary plat (PP-12-003) approval from City Council on October 2, 2012. The preliminary plat consists of 50 commercial building lots and 4 common/other lots on 75.5 acres of land. A 2-year time extension (TED-14-001) on the preliminary plat was approved by the Director on September 9, 2014. This approval extended the time period in which the applicant had to obtain the City Engineer’s signature on a final plat until October 2, 2016. No new conditions of approval were required with the time extension. A final plat (H-2016-0099) was approved by City Council for the first phase of development on September 6, 2016. The plat is currently in the signature process. VIII. STAFF ANALYSIS This is the second time extension requested for the subject PP. Approval of the subject time extension will allow the applicant to continue obtaining signatures on the final plat and ultimately record the plat. If the subject time extension is not granted, the PP application for this property would expire and a new application would need to be submitted for City approval. Per UDC 11-6B-7C, with all extensions, the City Council may require compliance with current provisions of the UDC. The City recently adopted the Architectural Standards Manual, which contains design standards that are applicable to all new commercial and multi-family development, and updated the structure and site design standards listed in UDC 11-3A-19. As a condition of the subject time extension, staff recommends future development of the subject property comply with the design standards in effect at the time of development. Staff recommends approval of the applicant’s request with the aforementioned condition of approval. All previous conditions of approval are also still applicable to development of this subdivision. EXHIBIT A TM Crossing – TEC H-2016-0116 Page 3 V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 7/16/12) B. Conditions of Approval EXHIBIT A TM Crossing – TEC H-2016-0116 Page 4 Exhibit A.1 – Vicinity Map W Franklin Road W Overland Road S T e n M ile R o a d S B la c k C a t R o a d Interstate 84 S N o v a L a n e W Tasa Drive W Lamont Road S L in d e r R o a d S P e lic a n W a y S S t o d d a r d R o a d W Verbena Drive W Waltman Street W G reenhead Drive W Kimra S t r e e t S O ld T h o r n L ane SW 7 t h A v e n u e W Vaquero L a n e W Dutch Farm Road W Crest Wood Drive SW 5 th A v e n ue WEgretDrive S L il a c S t r e e t W Pintail Drive W View Place W Silver T e r r a c e R o a d N W a rd A v e n u e W Taylor Avenue S T e c h L a n e W Bayeux Drive N F r it t s L a n e Tenmile Creek R i d e n b a u g h C a n a l KennedyLateral Purdam Drain Eightmile Lateral Marvin Canal PointLateral Ke n n e d y L a te ra l EXHIBIT A TM Crossing – TEC H-2016-0116 Page 5 Exhibit A.2 - Approved Preliminary Plat (dated: 7/16/12) EXHIBIT A TM Crossing – TEC H-2016-0116 Page 6 Exhibit B – Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (AZ-12-005), development agreement (Instrument #114002254), preliminary plat (PP-12-003), development agreement modification (H-2016-0054, Instrument No. 2016-062220) and final plat (H- 2016-0099) for this development. 2. Future development of the subject property shall comply with the design standards in effect at the time of development. Meridian City Council Meeting DATE: November 9, 2016 ITEM TITLE: Browning Plaza ITEM NUMBER: 4C PROJECT NUMBER: H-2016-0008 Final Order for Browning Plaza (H-2016-0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane MEETING NOTES �✓ 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 TIME EXTENSION FOR BROWNING PLAZA (H-2016-0008) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL C/C OCTOBER 25, 2016 IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR BROWNING PLAZA IN ORDER TO OBTAIN THE CITY ENGINEER’S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 13, T.3N., R.1W., MERIDIAN, IDAHO BY: SLN PLANNING/BOISE- WALTMAN, LLC APPLICANT CASE NO. H-2016-0008 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on October 25, 2016, upon the Applicant’s submittal of a preliminary plat time extension application for a two (2) year extension within which to obtain the City Engineer’s signature on a final plat for Browning Plaza subdivision, which preliminary plat was originally approved on October 7, 2008, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension (TE-10-028) for eighteen (18) months was previously approved for this subdivision by the Planning Director on October 8, 2010 and would have otherwise expired on April 7, 2012. A second time extension (TEC-12-008) for two (2) years was approved by City Council on May 1, 2012 and would have otherwise expired on April 7, 2014. A third time extension (TEC-14-005) for two (2) years was approved by City Council on May 6, 2014 and would have otherwise expired on April 7, 2016. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until April 7, 2018, within which to obtain the City Engineer's signature on the final. plat, subject to the conditions of approval as shown in the Staff Report, attached as Exhibit A, for the hearing date of October 25, 2016 incorporated by reference. Attached: Staff Report for the hearing date of October 25, 2016 wor/(� ,oP By the action of the City Council at its re , filar meeting on the day of /yo Uy"1 beA-- , 2016. DATED this day of /Jc)Ve,,1?6ely- , 2016 RATEA Mayor T y de Weerd Attest: rk 4�1, C., Cit le 2Gu�P01 A�CGS or o w �1- SEA Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BROWNING PLAZA (1-1-2016-0008) Page 2 of 3 BY: G • ' Dated: /0z ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BROWNING PLAZA (H-2016-0008) Page 3 of 3 EXHIBIT A Browning Plaza – TEC H-2016-0008 Page 1 HEARING DATE: October 25, 2016 Continued from: March 1, May 3 and 24, June 28 and August 23, 2016) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner SUBJECT: Browning Plaza –TEC (H-2016-0008) I. APPLICATION SUMMARY The applicant, SLN Planning/Boise-Waltman, LLC, requests approval of a two (2) year time extension on the preliminary plat for Browning Plaza in order to obtain the City Engineer’s signature on a final plat. The subject preliminary plat consists of 40 building lots and 2 common area lots on 38.21 acres of land. II. STAFF RECOMMENDATION Staff recommends approval of a two (2) year time extension to obtain the City Engineer’s signature on a final plat for Browning Plaza as requested by the applicant, to expire on April 7, 2018, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2016- 0008, as presented in the staff report for the hearing date of October 25, 2016. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2016- 0008, as presented during the hearing on October 25, 2016 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2016- 0008 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 on the south side of W. Waltman Ln., approximately ¼ mile west of S. Meridian Road, in the southeast ¼ of Section 13, Township 3 North, Range 1 West. B. Owner: Boise-Waltman, LLC 3465 N. Pines Way, Ste. 104 Wilson, WY 83014 EXHIBIT A Browning Plaza – TEC H-2016-0008 Page 2 C. Applicant: SLN Planning/Boise Waltman, LLC 1589 N. Estancia Place Eagle, ID 83616 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7A, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer’s signature on the final plat within two years of the approval of the preliminary plat. Per UDC 11-6B-7B, 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 signed by the city engineer within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval. Per UDC 11-6B-7C, upon written request and filing by the applicant prior to the termination of the allowed time period, 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 City Council may be granted. With all extensions, the Director or City Council may require the plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. 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: February 8 and 22, 2016 C. Radius notices mailed to properties within 300 feet on: February 4, 2016 D. Applicant posted notice on site by April 15, 2016 VII. HISTORY OF PREVIOUS ACTIONS: The annexation (AZ-06-063) and preliminary plat (PP-08-001) for Browning Plaza Subdivision aka Waltman Property) were approved by the Meridian City Council on October 7, 2008. The development agreement (Instrument # 108131100) was approved by the City Council on October 7, 2008. An 18-month time extension (TE-10-028) to obtain the City Engineer’s signature on the final plat was approved by the Director on October 8, 2010. This approval extended the period of time until April 7, 2012 in which to obtain the City Engineer’s signature on the final plat. A 2-year time extension (TEC-12-008) to obtain the City Engineer’s signature on a final plat was approved by the City Council on May 1, 2012, which extended the time until April 7, 2014. A 2-year time extension (TEC-14-005) to obtain the City Engineer’s signature on a final plat was approved by the City Council on May 6, 2014, which extended the time until April 7, 2016. VIII. STAFF ANALYSIS The applicant requests a two (2) year time extension on the preliminary plat for Browning Plaza Subdivision in order to obtain the City Engineer’s signature on a final plat. This is the fourth time extension requested for this subdivision. Per UDC 11-6B-7C, with all extensions, the City Council may require the preliminary plat to comply with current provisions of the UDC. EXHIBIT A Browning Plaza – TEC H-2016-0008 Page 3 With the second extension, City Council required the design and construction of the multi-use pathway(s) planned for this site to be consistent with the Meridian Pathways Master Plan at the time of development; compliance with current street light standards; and compliance with current performance and warranty surety requirements as conditions of approval. With the third extension, City Council required the applicant to revise the development plans to comply with the 2013 Edition of the Supplemental Specifications and Drawings to the Idaho standards for Public Works construction as a condition of approval of the request. With the subject time extension, Staff recommends future development comply with the design standards in effect at the time of development as a condition of approval. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat B. Conditions of Approval EXHIBIT A Browning Plaza – TEC H-2016-0008 Page 4 Exhibit A.1 – Vicinity Map EXHIBIT A Browning Plaza – TEC H-2016-0008 Page 5 Exhibit A.2 - Approved Preliminary Plat EXHIBIT A Browning Plaza – TEC H-2016-0008 Page 6 Exhibit B – Conditions of Approval 1. The applicant is to meet all terms of the approved Annexation (AZ-06-063), Development Agreement (Instrument No. 108131100), Preliminary Plat (PP-08-001), and Time Extensions TE-10-028, TEC-12-008 and TEC-14-005) for this development. 2. Future development shall comply with the design standards in effect at the time of development. Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Roundtree Place Subdivision D. Development Agreement for Roundtree Place Subdivision with Corey Barton Homes and Trilogy Development, located at 755 Linder Road, in the NE 1/4 of Section 14, Township 3 North, Range 1 West 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 ADA COUNTY RECORDER Christopher D. Rich 2016-109498 BOISE IDAHO Pgs=38 DAWN TRIVOLIS 11/10/2016 02:11 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Corey Barton Homes, Owner 3, Trilogy Development; Developer THIS DEVELOPMENT AGREEMENT (this. Agreement), is made and entered into this __�_ day of (,10 u l6(?4 - , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian) Idaho 83642 and Corey Barton Homes, whose address is 1977 E, Overland Road, Meridian, Idaho 83642, hereinafter called OWNER and Trilogy Development; whose addregs.is 9839 W. Cable Car Street, Suite 101, Boise, Idaho 83709, hei,einafter called DEVELOPER, 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/orequity, of cstl.ain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by -this reference incorporatedherein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require 'or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development ofthe ubject Property; and 1;3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"); which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for. the annexation of approximately 538 acres of land from the RUT zoning.district in Ada County to the R-8 (Medium Density Residential) zoning district (as described in Exhibit "A"), under the Unified Developtixent =Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will -be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — ROUNDTREE PLACE SUBDIVISION H -20J 6,0081 PAGE 1 OF 9. 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 20`x' day of September, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions ofthis Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property Owner and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian; a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3,2 OWNER: means and refers to Corey Barton Homes, whose address is 1977 DEVELOPMENT AGREEMENT - RoUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE 2 or 9 E. Overland Road, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Trilogy Development, whose address is 9839 W. Cable Car Street, Suite 101, Boise, Idaho 83709, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future development of this site shall be consistent with the preliminary plat, landscape plan, and building elevations in Exhibit A of the attached Findings of Fact and Conclusions of Law with attached Staff Report (Exhibit B). 5.1.2 All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included inExhibit A of the attached Findings of Fact and Conclusions of Law with attached Staff Report (Exhibit B), excluding the two story home. Because homes on lots whose side or rear face on S. Linder Road (Lots 1-3 and Block 1), and W. Waltman Street (Lot 1, Block 1, Lots 1, 7, and 9, Block 2) will be highly visible; the side of any structure that faces the public street on these lots, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.3 Direct lot access to S. Linder Road is prohibited in accord with UDC 11-3A-3. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT-ROUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE 3 of 9 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default, Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Care Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days, provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City DEVELOPMENT AGREEMENT - ROUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE 4 OF 9 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning ofthe Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY.. City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER: Corey Barton Homes 1977 E. Overland Road Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Trilogy Development 9839 W. Cable Car Street, Suite 101 Boise, ID 83709 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT-ROUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE 5 OF 9 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or Owner shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence oftermination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DITTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner 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 Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT-RouNDTREE PLACE SUBDIVISION I -I-2016-0081 PAGE 6 OF 9 213 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval ofthe City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed. amendment. 22, EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and 13 follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: COREY BARTON : DEVELOPER: Trilogy Develop 10 Coles,�gity Cleric oRppRAT$Oq�C 'RG CITY OF MERIDIAN Q - ur T •� S� 'O'N'E By: - '`�l Mayor Tam y Weerd DEVELOPMENT AGREEMENT-ROUNDTREE PLACE SUBDIVISION H-2016-0081 PAGE % oF.9 STATE OF IDAHO ) ss: County of Ada, ) On this�t� day of (der- , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared-���av , known or identified to me to be the -ores �, of Corey Barton Homes, and acknowledged to me that he executed the same on behalf of said Company. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL)Ej T',t T1 l L �dSG of STATE OF IDAHO } ss: County of Ada, ) moo= l `� Notary Public for Idaho Residing at: K)ankj , My Commission Expires: On this o0,day of OC ))u r , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared '34,, A- L4.dp Se- , known or identified to me to be the 'Pte 4 , 4n � 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 in this certificate first above written. DEVELOPMENT AGREEMENT—RouNDTREEPLACE "DIVISION H-2016-0081 PAGE 8 OF 9 (SEAL) Notary Public for Idaho o tA0T4'�. d � m Residing at: g o ► u My Commission Expires: /D-vt l ®. OF ID DEVELOPMENT AGREEMENT—RouNDTREEPLACE "DIVISION H-2016-0081 PAGE 8 OF 9 STATE OF IDAHO ) ss County of Ada ) On this_ day of INC &f6M &-X- , 2016 before me, a Notary Public, personally appeared Tammy de Weerd and C.,Iay 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 of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and -year in this certificate first above written, ,••' VNE0•'••. (SES► •,�tio r � � , r ' r t Jey-- 'Notary public for Idaho Residing at; Commission expires: 3 _a $ ^ ad a DEVELOPMENT AGREEMENT-ROUNDTREB PLACE SUBDIVISION H-2016-0081 PAGE 9 OF 9 10111I:3Yr=1 Legal Description & Exhibit Map for Annexation Bottndary J,U,B ENGINEERS, INC. J -U -B COMPANIES Roundtree Place Subdivision Annexation Description Project Number 10-16-064 lune 22, 2016 I a g'u°raw � 1 uAr uio A parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated In the Southeast 1/4 of the Northeast 1/4 of Section 14, the Northeast 114 of the Southeast 114 of Section 14, the southwest 114 of the Northwest 114 of Section 13 and the Northwest 1/4 of the Southwest 114 of Section 13, Township 3 North, flange 1 Wast of the Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at found aluminum cap marking the northeast corner of said Section 14from which D.5/8" rebar, marking the southeast corner of the Northeast 1/4 of said Section 14 bears South 00°33'17" West, 2,£57.50 feet; Whence from said aluminum cap along the east boundary of said Northeast 114 of Section 14, South 00°33117" West, 2,317.62 feet to the POINTOF BEGINNIN(5; Thence leaving said east boundary, South 89`12'59" East, 25.00 feet to the former east right-of-way line for South Linder Road; Thence along said former east right-of-way line, South 04'33'17" West, 364.88 feet along line parallel to and 25 feet east of the east boundary of said of Section 14 to the extension of the centerline of West Waltman Street; Thence along said centerline and extension thereof, North 89°12'41" West, 689,88 feet to the extension of the west boundary of said Van Hees Subdivision; Thence along said west boundary and the extension thereof, North 00°33'48" East, 364.82 feet to the south boundary of Tapestry Subdivision, according to the platthereof filed in Book 99 of Fiats at Page 12606 thru 12608,- Thence 2608; Thence along said south boundary and the extension thereof, South 89'12'59" FasT; 664,82 feet to the POINT OF BEGINNING. Cj f1. i.•. Said parcel contains 251,690 square feat or 5.78 acres, more or less, ,rd' End of Description, Page Iofl a 2505. Beechmodrlvenua Suite 20 Eloise, 1D 83709 p 24)6-376•7330 j 20 -323.9336 w www.jub.com Roundtree Place Subdivision H-2016-0081 0 m j�! 0 Os 2, z tt oil CM, Ck CL rn 0 t. UNDER ROAD sc 5DC1';i3'17"1i 339.88)T�33'17*W 2, 2 31 317.62' Z trti h? -,-----9jGQr33*17V o a) 0- 0 NO(r33'48'E 364.82' Z Qj Z Co R -0 —A m 0 C rri w E; v7 i W 9 < Co —M Q 0- 0 m j�! 0 Os 2, z tt oil CM, Ck CL rn 0 t. UNDER ROAD Roundtree Place Subdivision H-2016-0081 tt oil t. UNDER ROAD sc 5DC1';i3'17"1i 339.88)T�33'17*W 2, 2 31 317.62' 364.88' trti h? -,-----9jGQr33*17V o a) 0- 0 Z Qj Roundtree Place Subdivision H-2016-0081 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.78 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of twenty-three (23) single-family residential building lots and four (4) common lots on 5.78 acres of land for Roundtree Place Subdivision located at 755 S. Linder Road, by Trilogy Development. Case No(s). H-2016-0081 For the City Council Hearing Date of: September 6, 2016 (Findings on September 20, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 6, 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 comments) 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -1- 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 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 September 6, 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 annexation and zoning was approved with an R-8 zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of September 6, 2016, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of September 6, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-513-3F). 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 September 6, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -2- By action of the City Council at its regular meeting held on the � day of M-elg � , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED VeC COUNCIL VICE PRESIDENT JOE BORTON VOTED ft COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED req{ COUNCIL MEMBER TY PALMER VOTED ft COUNCIL MEMBER LUKE CAVENER VOTED rt COUNCIL MEMBER GENESIS MILAM VOTED Ye4 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y e et`d nF�P`iED AUGt.. Attest: (Ot- Copy Cily urE IDIAN�.C. Jay les SEALCity Cleric ,P served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: � a r. -h.) � i -�Ut Dated: City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0081 -3- EXHIBIT A STAFF REPORT Hearing Date: September 6, 2016 (��zWE IDIAN'1-1 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Roundtree Place Subdivision — AZ and PP (H-2016-0081) L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Trilogy Development, has submitted an application for annexation and zoning (AZ) of 5.78 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of twenty-three (23) building lots and four (4) common lots on 5 acres of land in the R-8 zoning district for Roundtree Place Subdivision. NOTE: 77ie proposed development is a resubdivison of Lot 18 of the Val? Hees Subdivison. All County records (the recorded plat and Ada County Assessor) indicate that the subject parcel is 5 acres in size thus staff has based its analysis of the open space and site amenities on. the County records. See analysis below. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP 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 August 4th, 2016. At the public hearing on August 4t°, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: L In favor: Kristi Watkins (applicant) ii. In opposition: None iii. CommentinLx: 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: L. 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: L Safety of children getting to Peregrine Elementary, and providing additional crossing guards across Linder. jL 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. Roundtree Place Subdivision H-2016-0081 PAGE 1 EXHIBIT A iY. The addition of the pathway through a common lot to the sidewalk along S. Linder Road. d. Commission Chanue(s) to Staff Recommendation: L 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. iv. Remove condition 1.1.1C that required the removal of the home immediately upon annexation. e. Outstanding Issue(s) for City Council: L None The Meridian City Council heard this item on September 6th, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: L In favor: Scott Wonders (applicant) ii. In opposition: None iii. Commenting: Ron Newberry iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The increase in traffic and safety of children walking to the elementary school. c. Ivey Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Denial Approval After considering all staff, applicant and public testimony, I move to recommmend approval to the City Council of File Number H-2016-0081, as presented in the staff report for the hearing date of August 4, 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-2016-0081, as presented during the hearing on August 4, 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.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 755 S. Linder Road, in the NE i/4 of Section 14, Township 3 North, Range 1 West. B. Owners: Roundtree Place Subdivision H-2016-0081 PAGE 2 EXHIBIT A Corey Barton Homes 1977 E. Overland Road Meridian, ID 83642 C. Applicant: Trilogy Development 9839 W. Cable Car Street, Suite 101 Boise, ID 83709 D. Representative: JUB Engineers 250 S. Beechwood, Suite 201 Boise, ID 83709 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 18 and August 1, 2016 (Commission); August 15 and August 29, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: July 15, 2016 (Commission); August 11, 2016 (Council) D. Applicant posted notice on site(s) on: July 25, 2016 (Commission); August 26, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property and a single-family home zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and 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. C. History of Previous Actions: In 1948, the subject property was platted as a 5 acre lot (Lot 18) as part of the Van Hees Subdivision. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist adjacent to the east of the proposed development. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the south and north of the proposed development. Roundtree Place Subdivision H-2016-0081 PAGE 3 EXHIBIT A 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: L Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS 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 the property with twenty-three (23) single-family detached dwellings at a gross density of 4.62 dwelling units per acre (d.u./acre) and a net density of 6.69 d.u./acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the MDR designation. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D, Page 53) The proposed development will not connect to S. Linder Road which is an arterial street. Access to the subdivision will be through the Tapestry Subdivision using W. Bayeux Drive and S. Flintstone Avenue, or from W Waltman Street. 2. "Require appropriate landscaping and buffers along transportation corridor (Setback, vegetation, low walls, berms, etc.)." (3.06.02F) The landscape plan submitted by the applicant depicts a landscape buffet; however it does not meet the width requirements as set forth in UDC 11 -3B -7C. 3. "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, Page 56) If approved, the proposed single-family detached would contribute to the varieo� of housing types available within the Cit), consistent with the surrounding residential developments. 4. "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A Page 55) UDC 11-3G-3 requires that a minimum of 10% of open space be provided as well as one site amenity. The plat as designed provides approximately 4.4% useable open space. Prior to the Commission hearing, the applicant should submit a revised platproviding the required 10% open space. 5. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 0.22 acres of qualified open. space. The applicant has provided open space for the development; however the UDC requires that subdivisions with 5 Roundtree Place Subdivision H-2016-0081 PAGE 4 EXHIBIT A acres or more provide 10% open space. This property is a re -subdivision of a county subdivision. That recordedplat depicts this property as a 5 acre parcel; thus the property) must develop with 10 percent open space and one (1) amenity per UDC 11-3G-3. 6. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Tapestry Subdivision to the north, as well as to the existing sidewalk along W. Waltman Street. A five foot detached sidewalk is required along S. Linder- Road. 7. "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) Cite services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 8. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020 Page 48) The proposed plat depicts connections to the existing stub street from the north. The new roadway will facilitate a connection to W Waltman Street. 9. "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I Page 55) The subject property is adjacent to existing single-family Homes and similar lot sizes to the north in Tapestry Subdivision. The proposed development, with the proposed zoning of R-8, is similar to the surrounding uses. All of the proposed lots exceed the minimum standards of R- 8 district. Based on the above analysis, staff finds that the proposed development is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 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 principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 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 in UDC 11-3G-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Roundtree Place Subdivision H-2016-0081 PAGE 5 EXHIBIT A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning: The applicant has applied for annexation and zoning of 5.78 acres of land with an R-8 zoning district. As discussed above in Section VII, staff believes the proposed zoning and density is consistent with the vision of the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed. 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. Preliminary Plat: The proposed plat consists of twenty-three (23) building lots and four (4) common lots on 5 acres of land. The R-8 zoning district is proposed for the development (see Exhibit A.2). The gross density for the subdivision is 4.62 d.u./acre. The average lot size is 6,515 square feet. Existing Structures: There is an existing single family home on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 district and. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Common Driveways: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. Staff has determined that the preliminary plat does not show the required details as set forth in UDC 11-6C-3 and several of the lots are proposed to take access from a common drive (Lots6-8, Block 1 and Lots 5-7 and Lots 9-11, Block 2). At the time of final plat submittal, the applicant shall submit an exhibit showing the required setbacks, building envelopes and building orientation of all lots that take access from a common drives. Access: Vehicular access is proposed for this site via an extension of S. Flintstone Avenue, and a vehicular access to W. Waltman Lane. No direct lot access to S. Linder Road is proposed or permitted for the proposed development. Streets: All of the proposed streets depicted on the plat are public. A total of 50 -feet of right-of- way is proposed throughout the subdivision with 33 feet between the back of curbs. ACHD's staff has indicated support of the road design as proposed by the applicant. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide attached sidewalks throughout the development and a 5 -foot wide detached sidewalk adjacent to S. Linder Road. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. 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 buffer shown on the landscape plan does not meet the requirements of the UDC. All street buffers with detached sidewalks shall be measured from the ultimate curb location as anticipated by ACRD. Detached sidewalks shall have an average Roundtree Place Subdivision H-2016-0081 PAGE 6 EXHIBIT A minimum separation of greater than four (4) feet to back of curb. The applicant shall construct a 25 foot landscape buffer as required by UDC 11-313-7 and revise the plan accordingly. Further, 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. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The landscape plan incorrectly motes that there are no existing trees onn the site. Fencing: All fencing should comply with the standards listed in UDC 11-3A-613 and 11-3A-7. The landscape plan does not depict any proposed fencing for the subdivision. With the submittal of the final plat application, the applicant shall submit a master fencing plan for the entire development. Open Space: 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. Staff recommends that the applicant convert Lot 3, Block 1 from a buildable lot to a common lot and add additional open space to the south boundary of Lotl, Block 1 (10 -foot landscape buffer as noted above). If the aforementioned changes are made, staff believes the plat will conform to the open space requirements set forth in UDC 11-3 G. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11 -3G -3C. 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. The applicant has not proposed a site amenity as set forth in UDC 11 -3G -3C. Prior to the Commission hearing, the applicant shall revise the landscape plan and incorporate one amenity as set forth UDC 11 -3G -3C. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Building Elevations: The applicant is proposing to construct detached single-family homes. The applicant has submitted 4 conceptual sample building elevations for future homes in this development, included in Exhibit AA. 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 recoinmends 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. Roundtree Place Subdivision H-2016-0081 PAGE 7 EXHIBIT A In accord with the Findings contained in Exhibit D, Staff recommends approval of the proposed annexation and preliminary plat requestfor this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/29/16) 3. Proposed Landscape Plan (dated: 06/02/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Roundtree Place Subdivision H-2016-0081 PAGE 8 EXHIBIT A A. Drawings 1. Vicinity Map Vicinity Map 0 0.175 0.3Miles 0 Roundtree Place Subdivision H-2016-0081 PAGE 9 EXHIBIT A 2. Proposed Preliininaty Plat (dated: 06/29/16) PRELI!91\4RY PLAT FOR ams�ny•^"•- �_.. �" �I �' ', ROUNDTREEPLACE SUBDIVISION 'y:` ARESU8DM VOf U0TIB,OFYM1YYEESSU3QiYktl4Y -- '�'« tjjj���-,✓�`+ff`�� �tk , SITUATEO N TIE$OUTWAST QUARTER Of THE N0RrMT0UARTFR0FSECTKf74l, TWiHSFFP 7 t,ORRi, RANOEi WEST, EOMNEArt1AN - r CITY OFMERIDIAN, ADACOUNTY,IDAHO. + � 2916 µrf7r�E'�juuli�tA 3d.Iz x TFllx" � Roundtree Place Subdivision H-2016-0081 PAGE 10 I'M Pe • u- {{� U Q a F nor m+ e R 51 mum %K m? o (� WZ Roundtree Place Subdivision H-2016-0081 PAGE 10 EXHIBIT A 3. Proposed Landscape Plan (dated: 06/02/2016) o Y i r t ill t i i .w mo � o � QL PWiTSCHEIXRE � !LP -101 1 Roundtree Place Subdivision H-2016-0081 PAGE I 1 EXHIBIT A 4. Conceptual Building Elevations Roundtree Place Subdivision H-2016-0081 PAGE 13 EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as aprovision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, 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 City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan) and building elevations attached in Exhibit A and the revisions noted in the staff report. b. All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit AA, excluding the two story home. Because homes on lots whose side or rear face S. Linder Road (Lots 1-3 and 6, Block 1), and W. Waltman Street (Lot 1, Block 1, Lots 1, 7, and 9, Block 2) will be highly visible; the side of any structure that faces the public street on these lots, shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. All existing stmetur-es on the prope" shall be femwxed iffffnediately "on annexation in the eit�,. c. Direct lot access to S. Linder Road is prohibited in accord with UDC 11-3A-3. 1.1.2 The preliminary plat, dated 06/29/16, is approved with the following changes: a. The applicant shall include a common lot on the south side of Lot 1, Block 1 to match the width (10') of the other common lot adjacent to W. Waltman Street, 1.1.3 The landscape plan dated 06/02/16, is approved with the following changes: a. With the submittal of the final plat application, the applicant shall submit a master fencing plan for the entire development. The landscape plan does not depict the required 25 foot of landscaping on the frontage of S. Linder Road. All street buffers with detached sidewalks shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four (4) feet to back of curb. Prior to the Commission hearing, the landscape plan shall be revised to meet the requirements of UDC 11-3B-7. b. The landscape plan does not show the Fequired 0 of qualified open spaee as requir-ed-by UDC 11 3G 3. -Prief to the Commission hearing, the landseape plan shall be revised to r-efle the required qualified open spaee. Staff r-eeemmends that the applieapA eonveFt Lot 3, -Bleek -1 from a buildable lot to a common lot and add additional open spaee to the south boundary of Lot!, -Bleek 1 (10 foot landseape buffer as noted in eondition 1.2.2a. above). e. The landseape plan does not show the one (1) required ameffib, f6F the development as required by UDG 11 3G 3. Priof to the Commission hearing, the appheant shall revise the site plan to ,Beet the fequirements of UDC 11 3r_ 3-C L V 1 1 J V J V. Roundtree Place Subdivision H-2016-0081 PAGE 14 EXHIBIT A b. The applicant shall provide a pathway amenity on Lot 4, Block 1 extending from S. Tree Top Ave. to the proposed sidewalk within the 25 foot landscape buffer along S. Linder Road, and this pathway shall be landscaped according to UDC 11-3B-12. 1.1.4 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are required along both sides of S. Flintstone Ave., W. Roundtree St. and S. Tree Top Ave., and a 5 -foot wide detached sidewalk is required along S. Linder Rd. 1.1.5 Lots 6, 7, and 8, Block 1 and Lots 5-7 and 9-11, Block 2 shall take access from common driveway as proposed if the Commission and Council approve the use of the common driveway as shown. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted with a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway. 1.1.6 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subj ect property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. 1.2.8 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. Roundtree Place Subdivision H-2016-0081 PAGE 15 EXHIBIT A 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 3A -3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 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. The plan will need to include the installation of a 30' LED Type 1 light at the intersection of Linder Road and Waltman Street. Type 2 lights will be required on the subdivisions internal streets and along the frontage of Wathnan Street. 2.1.2 In lieu of extending a water main down the westerly common drive, applicant shall install services and meters adjacent to the public right-of-way, and then run service lines to each individual lot on the common drive. 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. Roundtree Place Subdivision H-2016-0081 PAGE 16 EXHIBIT A 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 9-1-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer, 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Roundtree Place Subdivision H-2016-0081 PAGE 17 EXHIBIT A 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 Pernutting 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-I 4B. 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 peal-, 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 ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meiidiancity.org/public_worIcs.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City, The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. Roundtree Place Subdivision H-2016-0081 PAGE 18 EXHIBIT A 4, FIRE DEPARTMENT 4.1 Homes who take access from a common driveway shall post their address at the entrance to the common driveway. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the end of the common drives on service day. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Improve Linder Road abutting the site with pavement a minimum of 17 -feet fiom centerline plus a 3 -foot wide gravel shoulder adjacent to the entire site. 7.1.2 Dedicate 48 -feet of right-of-way from centerline on Linder Road abutting the site. 7.1.3 Construct 5 -foot wide concrete sidewalk on Linder Road abutting the site. The front edge of sidewalk shall be located no less than 41 -feet from the centerline of Linder Road. 7.1.4 Construct all internal streets as 33 -foot street sections, with rolled curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way. Continue Flintstone Avenue south into the site tapering down to a 33 -foot street section. 7.1.5 Replace any deteriorated or deficient sidewalk, curb, gutter or pedestrian facilities along Waltman Street abutting the site. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACRD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Roundtree Place Subdivision H-2016-0081 PAGE 19 EXHIBIT A 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACED shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Roundtree Place Subdivision H-2016-0081 PAGE 20 EXHIBIT A Roundtree Place Subdivision H-2016-0081 PAGE 21 EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary P J•I1'I3 ENGINEER$, Wr, 1-U-8 COMPMOEt Roundtree Place Subdivision Annexation Description .Project Number 10-16-064 lune 22, 2016 TMC edTca,nX ��tgtr y ��uPON -.+`i I �+ACPPIN44 Fes: A parcel of land being all of Lot 18, Van Hees subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated In the Southeast 1/4 of the Northeast 1/4 of Section 14, the Northeast 1/4 of the Southeast 1/4 of Section 14, the southwest 1/4 of the Northwest 1/4 of Section 13 and the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho and more particularly described as follows - Commencing at found aluminum cap marking the northeast corner of said Section 14 from which a 5/8" rebar, marking the southeast corner of the Northeast 1/4 of said Section 14 bears South 00"33'17" West, 2,657.50 feet; Thence from said aluminum cap along the east boundary of said Northeast 1/4 of Section 14, South 00"33'17" West, 2,317.62 feet to the POINT OF BEGINNING; Thence leaving said east boundary, South 89`12'59" East, 25.00 feet to the former east right -df -way line for South Linder Road; Thence along said former east right-of-way line, South 00'33'17" West, 364,88 feet along a line parallel to and 25 feet east of the east boundary of said of Section 14 to the extension of the centerline of West Waltman Street; Thence along said centerline and extension thereof, North 89"12'41" West, 689.88 feet to the extension of the west boundary of said Van Hees Subdivision; Thence along said west boundary and the extension thereof, North 00°33148" East, 364.82 -feet to the south boundary of Tapestry Subdivision, according to the plat thereof filed in Book 99 of Plats at Page 12606 thru 12606; Thence along said south boundary and the extension thereof, south 89'12'59" East, 664,82 feet to the POINT OF BEGINNING. Said parcel contains 251,690 square feet or 5.78 acres, more or less. End of Description. tsa . ��rti Page 1 of 1 a a 250 S. eeechvtood Aueiue suite 201, aaise I© 83709 P 208-376-7339 f 208-32a-933153 w www.jubxam _ Roundtree Place Subdivision H-2016-0081 PAGE 22 EXHIBIT A [nu fiwlpl RvlalR'd� uIw�RTI¢iR lkdlau�3.Ru:: .�ueY-�'.!all%gl/Na yk;(�Td= Roundtree Place Subdivision H-2016-0081 PAGE 23 i {n .Rmjpk N 33''}'81 36#.82* T 1, _ I N rqCa vt a _0 _ cj ._. z to In c}__ t - G t�� 555 i � r �JL -� UNDER ROAD SW33'17`UY 2317.62' MO � SW33' 17'W 364/88' _ i 1 W u a� #73 — ta cA to�d c o= Ca Tr % aC zQ ` z., Roundtree Place Subdivision H-2016-0081 PAGE 23 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex 5.78 acres with an R-8 zoning district and develop 23 new single-family residential homes. Council finds that the proposed map amendment complies with the 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; The Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for 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; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considers any oral and written testimony that was 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, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The Council finds armexing this property with an R-8 zoning district is in the best interest of the City with the provision of a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; 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; 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.) Roundtree Place Subdivision H-2016-0081 PAGE 24 EXHIBIT A c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, 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; The Council relies upon comments from the public service providers (i.e., Police, Fire, ACRD, 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 Council is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. The Council considers any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. L The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced any public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Commission is unaware. Roundtree Place Subdivision H-2016-0081 PAGE 25 Meridian City Council Meeting DATE: November 9, 2016 ITEM TITLE: Little Creek ITEM NUMBER: 4E PROJECT NUMBER: H-2016-0076 Development Agreement for Little Creek (H-2016-0076) with In Perspective, LLC located at 1470 N. Locust Grove Road, in the northwest 1/4 of Section 8, Township 3 North, Range 1 East 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 ADA COUNTY RECORDER Christopher D. Rich 2016-109494 BOISE IDAHO Pgs=48 DAWN TRIVOLIS 11/10/2016 02:09 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, In Perspective, LLC, Owner/Developer TINS DEVELOPMENT AGREEMENT (this Agreement), is made.and entered into this day of 1V 0^ 6M' , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter. called CITY whose address is 33 E. Broadway Avenue, Meridian; Idaho and In Perspective, LLC, whose address is P.O; Box 7846, Boise, Idaho 83707, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole .owner; in law and/or equity, .of certain tract of land in the County of A.da, State of Idaho, described.in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property,; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, byordinance, require or permit.as a condition of zoning that the Owner/Developer make a written commitment concerning the use- or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC."), which authorizes development agreements upon the annexation and/otre-zorring-of land;. and 1.4 WHEREAS, Owner/Developer has subniitted. an application for the Annexation and Zoning of 17.00 acres of land, with a R-40 (High Density Residential) zoning districts (as described in Exhibit 'W'), under the Unified Development Code; and 1.5 WHEREAS, Owner/Developer represented at. the public hearings both before the Meridian Planning & Zohing.Conuuission and before theMeridian City Council; that it had not determined how the Property -will: be developed and what improvements will be made except as generally described, herein; and 1.6 WHEREAS, the record of the proceedings. for the requested annexation, comprehensive plan future land use neap amendment and rezoning of the Property.held before the Planning & Zoning Commission, and subsequently DEVELOPMENT AGREEMENT — LITTLE CREEK SUBDivtsioN H-2016-0076 PAGE 1 OF 8 before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 4th day of October, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and rezoning; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agrecment, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title ll. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to In Perspective, LLC, whose address is PO Box 7846, Boise Idaho 83707, the owner of said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT -LITTLE CREEK SUBDIVISION H-2016-0076 PAGE 2 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The existing home and associated outbuildings shall be removed from the site prior to signature on the final plat by the City Engineer. b. Future development of this site shall substantially comply with the preliminary plat, site plan, landscape plan, and conditions included in Exhibit A of the Findings of Fact and Conclusions of Law and attached Staff Report, attached hereto as Exhibit "B". c. A maximum of 204 residential dwelling units shall be constructed within this development. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual (ASM). Windows are required on all elevations that face areas used for children's recreation to allow views of these areas, including those on Lots 17, 18 and 21 that fact the common area on the adjacent development to the east. e. At a minimum, site amenities shall be provided for this development from each of the amenity categories as follows: a clubhouse with an exercise facility and lounge area, 2 gazebos, a tot lot, and a dog park (or open space) as quality of life amenities; a 50' x 100' open grassy area as an open space amenity; and a segment of the City's multi- use pathway system, a swimming pool, tot lot with children's play equipment and walking trails as recreation amenities in accord with the standards listed in UDC 11- 3G -3C and 11-4-3-27D. f. A minimum of 2.76 acres of qualified open space shall be provided within this development as set forth in UDC 11-3G-3 and 11-4-3-27. g, Council approved awaivertoUDC 11 -3A -6A.3 to allowthe Settler's Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. DEVELOPMENT AGREEMENT- L=E CREEK SUBDIVISION H-2016-0076 PAGE 3 OF 8 6. COIYIPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement; 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT—LITTLE CREEK SUBDIVISION H-2016-0076 PAGE 4 of 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or porion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12, CERTIFICATE OF OCCUPANCY. No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Devcloper to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14, NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: In Perspective, LLC PO Box 7846 Boise, Idaho 83707 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 DEVELOPMENT AGREEMENT - LITTLE CREEK SUBDIVISION H-2016-0076 PAGE S OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and 'inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor- owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18, INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, eachparty shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City -relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT -LITTLE CREEK SUBDIVTSIONH-2016-0076 PAGE 6 OF 8 21.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein providedTor can be modified or amended without the approval oft l -e City Council after the City has conducted pLiblic hearings) in accordance withthe notice provisions provided for a zoning designation and/or amendment in force atthe time of the proposed amendment, 22, EFFECTIVE DATE OF AGREEMENT; This Agreement shall be. effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk, [end of'lext; signatures, aclmowledgeinents, and Exhibits .A and B follow] ACKNOWLEDGMENTS IN WITNES S WHEREOF, the parties have herein executed th is agreen-lent.and made it effective as hereinabove provided. OWNER/DEVELOPER: hi. Perspective, LLC f By: ✓Fj GO�pOFt�+ 6D,gG c x � I�j W s� AIV ATTEST: C.Av Cole , ity Clerk CITY OF MCRIDIAN By y Mayor �mye Weerd— �- DEVELOPMENT AGREEMENT -LITTLE CREEK SUBDIVISION H-2016-0076 PAGE 7 OF 8 STATE OF IDAHO ) . ss; County of Ada, ) A On this ZY day of � er- , 2016, before me, the undersigned, a Notary Public in and. for said State, personally appeared 1-44d «. Ze-6e70.14 , known or identified to me to be the o n Perspective, LLC, and acknowledged tome that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto setmyhand and affixed my official seal the:day and year its this certificate first above written. ®60t"0000 goIaQp ®��$0 (SEAT,) �P, L0®����°p�®� r•,. OT Q SpA C y V l ti L A�•�.�/� �doGbmtide4 �` 661 of IU f} 1666° �`$r�usbatuat.d�,� STATE OF IDAHO ) S5' County of Ada ) &LOt- Notary Public for Idaho Residing at;�S e,Zt /h My Commission Expires:. o !R, On this day of M 0 V6M bP-Y- , 2016, before me, a Notaty Public, personally appeared Tammy de Weerd and C.dayCol,es,.lcnow or identified to rime to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person'that executed the instrument of behalf of said City, and acknowledged to me that such City executed the. same. IN WITNESS WHEREOF, I have hereunto seamy hand and affixed my official seal the day and year in this certificate first above written. ��•��vaI .[p0'. -, (SEL) , ��er.�ra• Notary Public for Idaho Residing at;y t2J Commission expires: DEVELOPMENT AGREEMENT—LITTLE CREEK SUBDIVISION H-2016-0076 .PAGE 8 OF 8 Legal Description & Exhibit Map for Annexation & Zoning Boundary f : U ?':'!A+4tU _5 C n nu°son ,•; i u s J -13-D ENGINEERS, INC. Little Creek Subdivision Annexation Boundary Description Project Number 10-15-124 July 5, 2016 A portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County; Idaho) situated in the northwest quarter of Section B, Township 3 North, Range I East, Boise Meridian, Meridian City, Ada County, Idaho, and being more particularly described as follows Commencing at the northwest corner of Section 8, Township 3 North, Range 1 East, Boise Meridian, and the northwest corner of PI oasant Valley Subdivision; Thence S00'26'22"W, 454.99 feet along the west line of the northwest quarter and the west boundary of Pleasant Valley Subdivision to the intersection with the centerline of East Wilson Lane, the POINT OF BEGINNING; Thence S89°59'19"E, 1038.24 feet along the centerline of East Wilson Lane to the west boundary of Lot 7 of Pleasant Valley Subdivision; Thence S00°26'35"W, 1024.79 feet along the west boundary of Lot 7 of Pleasant Valley Subdivision, the east boundary of Lot 20 of Pleasant Valley Subdivision, and the west boundary of Paddington Subdivision (Book 86 of Plats at Pages 9631 through 9634, records of Ada County, Idaho) to the south boundary of Pleasant Valley Subdivision; Thence N65°20'40"W, 295.71 feet along the south boundary of Pleasant Valley Subdivision; Thence N55'25'16"W, 314.50 feet along the south boundary of Pleasant Valley Subdivision; Thence N55°36'16"W, 612,62 feet along the south boundary of Pleasant Valley Subdivision to the southwest corner of Pleasant Valley Subdivision and the west line of the northwest quarter; Thence N00'26122"E, 367.05 feet along the west line of the northwest quarter and the west boundary of Pleasant Valley Subdivision to the POINT OF BEGINNING. The above-described parcel contains 17.00 acres, more or less, Page 1 of 1 0 250 S. Beechwood Avenue, Sufte 201, Boise, l0 83709 g 208-376-7330 1'208-323-9356 u, twnv.lub.corn EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ER,,,IPIAN� AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of Seventeen (17) Acres of Land with an R-40 Zoning District; Conditional Use Permit for a Multi -Family Development Consisting of 204 Dwelling Units in an R-40 Zoning District; and Preliminary Plan Consisting of Fifty -One (51) Building Lots, One (1) Lot for the Clubhouse, and Two (2) Common Area Lots on 15.85 Acres of Land for Little Creek Subdivision, by David Alexander. Case No(s). H-2016-0076 For the City Council Hearing Date of: September 20, 2016 (Findings on October 4, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the bearing date of September 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 20, 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 § I 1-5A. 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-2016-0076 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 20, 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 Annexation and Zoning, Conditional Use Permit and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 20, 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 1I - 6B -7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with I 1 -5B -6.G.1, the Director may authorize a single extension of the time to commence the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 - 2 - use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as deteiinined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11 (UDC 11-513-617). Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-513-31)). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-513-3F). 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 11-513-3F). 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 Cleric not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 20, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 -3 - By action of the City Council at its regular meeting held on the _ day of (ic�o6e4V 2016, COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED Ya COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED Y(IA COUNCIL MEMBER LUKE CAVENER VOTED( COUNCIL MEMBER GENESIS MILAM VOTED Y&L MAYOR TAMMY de WEERD VOTED (TIF. BREAKER) Mayor T de Weerd Attest: w Afj C.by Cole City Clerk ��°�_ . G JP�1vQ Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney, �1 � � ` 10-5--t / I By: (,� L Dated: ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0076 - 4 - STAFF REPORT TO: FROM: SUBJECT: EXHIBIT A Hearing Date: September 20, 2016 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 Little Creek Subdivision — AZ, CUP, PP (H-2016-0076) L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, David Alexander, has submitted an application for Annexation and Zoning (AZ) of 17 acres of land with an R-40 zoning district; Conditional Use Permit (CUP) for a multi-fanuly development consisting of 204 dwelling units in an R-40 zoning district; and Preliminary Plat (PP) consisting of 51 building lots, 1 lot for a clubhouse and 2 conunon lots on 15,85 acres of land. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, CUP, and PP 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 August 18, 2016. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: L In favor: Scott Wonders, Applicant's Representative ii. In opposition: None iii. Commenting: Nancy Buckley iv. Written testimony: Scott Wonders, Applicant's Representative (in agreement with staff report); Greg Ramp, Aire Incorporated v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Concern of overdevelopment in Meridian and of school and roads not being able to support the growth; ii. Traffic concerns at the Wilson Lane/Locust Grove Road intersection until Wilson is extended to the east in the future. c. Key Issues of Discussion by Commission: L Relocating the common area along the east boundary to the north side of the 4 residential structures so that it aligns better with the common area to the east, ii. Direct access via Locust Grove Road and traffic/congestion at the Wilson/Locust Grove intersection; iii. The pinwheel design of the structures with only one building type/footprint. iv. The Commission was in support of the applicant's request for a waiver to UDC 11-3A-6 to allow the Settler's Canal/Jackson Drain to remain open along the southern boundary of the site and not be piped. d. Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.1.ld to not require more than one building type provided that structures are off -set 90 degrees from each other and a variety of at least 3 different color pallets are used. Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE I EXHIBIT A ii. Modifv condition #1.1.3e to reauire the dog nark (oven space) to be relocated to the north side of Lots 18 and 19, Block 1 (shown as Lots 19 and 20, Block I on the revised PLO -i e. Outstanding Issue(s) for City Council: L. The applicant requests a waiver from City Council to UDC 11 -3A -6A.3 to allow the Settler's Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. The Meridian City Council heard these items on September 20, 2016, At the public hearing, the Council approved the subject AZ. CUP and PP requests a, Summary of City Council Public Hearjng: h In favor: Scott Wonders, Applicant's Representatjve iL In opposition: None A, Commenting: Debra Resman ty� Written testimony None Y, Staff presenting application: Sonya Watters yh Other staff commenting on application: Joe Bongiorno b s) of Public Testjmonv: L Separation of the proposed dog park/proposed development from the common area jn e adjacent multi -family development to the east (applicant stated area would be enclosed with a 4 -foot tall open vision fence around the doe nark with a fence around the entireevelopinent): ii Improvement and clean-up of the canal area along the southern boundary of the site (applicant stated area is in the process o(heing cleaned up). c� Key Issues of Discussion by Council: h R-15 vs. the requested R-40 zoning district ih Provision of a safe location for students to wait for the school bus. 'u' Access for the site via Locust Grove and Wilson Lane and associated traffic issues d� Key Council Changes to Commission Recommendation L Add a provision requiring a safe location for children to wait for the school bus to be provided on the site: location of which based on recommendation by the school district (see condition #1.1.3f in Exhibit B). iL Council approved a waiver to UDC 11-3A-6 to allow the Settler's Canal/Jackson Drain o remain open and not be piped along the southern boundary of the site (see condition 'ti #l.l�lgl• Council approved a waiver to UDC 11-3A-3 for access via Locust Grove Roa_ d, an arterial street (see condition 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-2016-0076, as presented in the staff report for the hearing date of August 18, 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-2016-0076, as presented during the hearing on August 18, 2016, for the following reasons: (You should state specific reasons for denial) Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 2 EXHIBIT A Continuance I move to continue File Number H-2016-0076 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 1470 N. Locust Grove Road, in the northwest'/4 of Section 8, Township 3 North, Range 1 East. (Parcel #: R7104253800) B. Owner(s): In Perspective, LLC P.O. Box 7846 Boise, ID 83707 C. Applicant: David Alexander PO Box 7846 Boise, ID 83707 D. Representative: Scott Wonders, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste, 201 Boise, Idaho 83709 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, conditional use permit and preliminary plat. 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: July 18 and August 1, 2016 (Commission); August 29 and September 12, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: July 21, 2016 (Commission); August 30, 2016 (City Council) D. Applicant posted notice on site(s) on: August 8, 2016 (Commission); September 9, 2016 Wit Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial businesses, zoned C -G 2. East: Multi -family residential (4-plex apartments), zoned R-40 3. South: Vacant/undeveloped property and an ACHD storm drainage facility, zoned C -G and L -O respectively 4. West: Single-family attached homes in Locust Grove Place, zoned R-40; and a wrecking yard, zoned C2 in Ada County Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 3 EXHIBIT A C, History of Previous Actions: This property was previously platted as Lots 18-20 INC, Pleasant Valley Subdivision. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exist in E. Wilson Lane. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Wilson Lane. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Settler's Canal runs along the southern boundary of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated High -Density Residential (HDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. HDR designated areas allow for the development of multi -family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi -unit structures. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The applicant proposes to develop the site with fifty-one (51) 4-plex structures containing a total of 204 dwelling units at a gross density of 12.87 units/acre and a net density of 16.68 units/acre. The proposed zoning of R-40 is consistent with the HDR FLUM designation; however, the proposed density falls within the density range desired in MHDR designated areas of 8 to 15 units/acre, which is slightly below that of 15+ units/acre desired in HDR designated areas. The proposed density will require approval of a "step" down in density from HDR to MIIDR by City Council. Note: In residential areas, other residential densities (within one "step') will be considered without requiring a Comprehensive Plan Amendment (pg. 21). MHDR designated areas allow for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 units/acre with a target density of 12 units/acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs fore residents. Developments need to incorporate high quality architectural design and materials and thoughod site design to ensure quality ofplace and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. 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): Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 4 EXHIBIT A "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) 77he proposed MHDR development will contribute to the variety of residential categories that currently exist in this area (i.e. medium and medium-high. densio). Staff is tmaware of how "affordable" the tints will be. "Provide housing options close to employment and shopping centers." (3.07.02D) Because of its location in close proximity to employment and shopping centers along Fairview Avenue and 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 MHDR development is located in close proximity to major access thoroughfares (i.e. 1-84, E. Fairview Avenue, and SH-551Eagle Road) within the City. It's also within a couple miles of Kleiner Park, a regional 60 -acre City park northeast of this site. A segment of the City's regional pathway system is also designated on this site along the soutthern botmdar)) adjacent to the Settler's Canal. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed multi family 4 plexes should be compatible with the same use to the east, attached residential units to the west across Locust Grove Road and commercial uses to the north across Wilson Lane. "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 parldng areas on this site as shown on the landscape plan attached in Exhibit A.4. "Require common area in all subdivisions." (3.07.02F) Common area is required within this development in accord with the standards listed in UDC 11 -3G -3B and 11-4-3-27C. "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. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of the community pathway system." (3.03.03B) The proposed 10 foot wide pathway along the Settler's Canal at the southern boundary of the site will connect to an existing segment of the City's regional pathway system at the east boundary of the site and to the west providing pedestrian connectivity between neighborhoods. "Consider the adopted COMPASS regional long-range transportation plan in all land -use decisions. " (3.03.02G) Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 5 EXHIBIT A The proposed development supports 11 Communities in Motion (CIM) 2040 checklist items and does not support 9 CIM 2040 checklist items (see CIM 2040 Development Checklist included in the public record for more information). The checklist recornnrends consideration of the provision of a safe location for students to wait for school busing, and alignment of the proposed pathway along the Settler's Canal in accord with the 2015 Meridian Pathways Network Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: 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 (UDC 11-2A-1). The high- density residential (R-40) district allows a maximum gross densioJ of 40 dwelling units per acre. B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40 zoning district. Any use not explicitly listed is prohibited. A multi family development is listed as a conditional use in the R-40 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 district. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-313-8C and within common areas in accord with UDC 11-3G-3 and 11-4-3-27F. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings. F. Structure and Site Design Standards: The proposed multi -family development must comply with the design standards in accord with UDC I 1-3A-19 and the Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation,: A. Annexation & Zoning (AZ): The applicant requests approval to annex & zone 17 acres of land with an R-40 zoning district consistent with the HDR FLUM designation for this site. The applicant has submitted a site plan, included in Exhibit A.2, that depicts (51) 4-plex structures with a total of 204 dwelling units. These structures are proposed to be located on individual lots. The proposed R-40 zoning and multi -family development is consistent with the property to the east which is also zoned R-40 and consists of multi -family residential uses (4-plex apartments) and provides a transition from the commercial uses to the north to the future mixed use development to the south (Pinebridge). 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. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 6 EXHIBIT A B. Conditional Use Permit (CUP): A CUP is requested for a multi -family development in the proposed R-40 zoning district as required by UDC Table 11-2A-2. The proposed multi -family development consists of a total of 204 dwelling units in (51) 4-plex structures on 15.85 acres of land in a proposed R-40 zoning district. The units consist of a mix of 2 and 3 bedroom units. Note: Since the CUP application was submitted, a revised site plan has been submitted that reflects compliance with ACHD's requirements for access; staff's comments are based on the revised plan (see Exhibit A.2). 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 floor plans submitted with this application depict 80+ s f. patios for each unit in compliance with 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 site plan submitted with the Certificate of Zoning Compliance application should depict these items. At a minimum, 250 s.f, of cormnon open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f, of living area. All of the proposed units are between 500 and 1,200 square feet; therefore, a minimum. of 51, 000 square feet or 1.17 acres of common open space is required for this development in addition to the 10 percent required by UDC 11-3G-3. For multi -family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes 2 gazebos, a swimming pool, a clubhouse with an exercise room and a lounge area, a 50'x 100' open grassy area, walking trails, a dog park, a tot lot and a segment of the City's multi-itse pathway system as amenities in compliance with UDC standards. These amenities fall within the quality of life, open space and recreation categories as required. 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 rninimum 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. Wilson Lane andN. Locust Grove 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 requirementprior to issuance of Certificate of Occupancy. Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 7 EXHIBIT A Parking: For multi -family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. Based on (204) 2- and 3 -bedroom units, a minimum of 408 parking spaces are required, 204 of which should be covered. The site plan depicts a total of 489 spaces, 208 of which are covered, which complies with and exceeds UDC standards by a total of 81 spaces. For non-residential uses such as the clubhouse, a minimum of one space is required to be provided for every 500 square feet (s.£) of gross floor area in accord with the standards listed in UDC 11 -3C -6B. Based on 6,000 s.f., a minimum of 12 spaces are required. A total of 12 parking spaces are proposed for the clubhouse in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle 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 489 vehicle spaces proposed, a minimum of 20 bicycle spaces in bicycle racks are required to be interspersed throughout the development. No bicycle parking facilities are depicted on the plans. The plans submitted with the Certificate of Zoning Compliance application should depict the location of the bicycle racks. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C. A buffer to adjoining land uses is not required as the existing and proposed uses are all residential in nature and the proposed zoning is R-40. A 25 -foot wide street buffer is required to be provided along N. Locust Grove Road, an arterial street per UDC Table 11-2A-8, and must be landscaped in accord with the standards listed in UDC 11 -3B-7C (no buffer is required in the R-40 district along E. Wilson Lane, a local street). The landscape plan needs to be revised consistent with the changes to the site plan/preliminary plat required by ACRD in Exhibits A.2 and A.3. Mitigation: There are existing trees on this site. The applicant is required to comply with the mitigation standards listed in UDC 11 -3B -10C.5 for any existing trees 4 -inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. Building Elevations: Only one building type is proposed for the future multi -family structures within the development as shown in Exhibit A.S. Staff recommends additional building types with a mix of colors and materials are provided for variety within the development as set forth in the Architectural Standards Manual. The architectural character of the structures shall comply with the standards listed in the City of Meridian Architectural Standards Manual. The elevations submitted with the Certificate of Zoning Compliance application should demonstrate compliance with those standards. 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 construction, 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 building design is required to be generally consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. C. Preliminary Plat (PP): Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 8 EXHIBIT A The applicant proposes to re -subdivide Lots 18-20 INC, Pleasant Valley Subdivision. The proposed plat consists of 51 building lots and 3 common lots on 15.85 acres of land in the proposed R-40 zoning district. The smallest lot is 5,494 square feet (s.£) with an average lots size of 6,707 s.f. A phasing plan was submitted as shown in Exhibit A.3 that proposes 2 phases of development, starting on the eastern portion of the site. Note: Since the preliniinai)� plat application was submitted, a revised plat has been submitted that reflects compliance with ACHD's requirementsfor access; staff's comments are based on the revised plat (see Exhibit A.3). Existing Structures: There is an existing home and accessory structures on this site. All structures are required to be removed prior to City Engineer signature on the final plat. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.8 for the R-40 zoning district. All of the lots comply with the minimum standards. Construction of buildings on the site should comply with the setbacks for the R-40 district. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. The proposed (revised) plat depicts two accesses for the development - one via E. Wilson Lane, a local street at the north boundary of the site and one via N. Locust Grove Road, an arterial street at the west boundary of the site. The original plat submitted with this application depicts 2 accesses via Wilson Lane with no access via Locust Grove Road (see Exhibit A.3). The ACHD report required the driveway nearest the Wilson/Locust Grove intersection to be located a minimum of 500 feet east of Locust Grove Road; and the existing driveway via Locust Grove (located approximately 300 feet south of the Wilson/Locust Grove intersection) to remain and serve as a full -access driveway for the site. The applicant revised the plat to comply with ACHD's requirements and removed the westernmost access via Wilson Lane and included a full access via Locust Grove. Because congestion is currently a problem at this intersection for traffic accessing Locust Grove via Wilson, ACHD's traffic engineers determined a full access via Locust Grove would help to improve the situation rather than having all of the traffic flowing through Wilson; Staff supports the proposed accesses shown on the revised plat if Council approves a waiver to UDC 11-3A-3 for an access via an arterial street. Stub Streets/Street Improvements: There are no stub streets proposed to adjacent properties to the east or south. The property to the east is already developed without a stub/access to this property and connection to the south would require a bridge over the Settler's Canal. ACHD is requiring additional right-of-way totaling 59 feet from centerline of N. Locust Grove Road to be dedicated abutting the site. Wilson Lane is proposed to be completed as a 36 -foot wide street section with curb, gutter and 5 -foot wide attached sidewalk abutting the site. The Capital Improvement Plan (CIP)/Integrated Five Year Work Plan (IFYWP) includes the widening of the Locust Grove/Fairview intersection to 7 -lanes on the north and south legs and 9 - lanes on the east and west legs and to be signalized. Fairview Avenue is listed in the CIP for corridor preservation for future widening to 7 -lanes from Meridian Road to Eagle Road between 2017 and 2021. Locust Grove is listed in the CIP to be widened to 5 -lanes from Fairview to Ustick between 2017 and 2021. Traffic Impact Study (TIS): A TIS was prepared by Thompson Engineering for this project; a summary of which can be found in the ACHD report. Landscaping: A 25 -foot wide street buffer is required along N. Locust Grove Road, an arterial street, per UDC Table 11-2A-8 in accord with the standards listed in UDC 11 -3B -7C; street Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 9 EXHIBIT A buffers are not required along local streets (i.e. Wilson Lane) in residential districts. The street buffer is required to be on a common lot maintained by a homeowner's association. The landscape plan needs to be revised consistent with the changes to the site plan/preliminary plat required by ACHD in Exhibits A.2 and A.3. Open Space: A minimum of 10% (or 1,59 acres) of the area of the site is required to consist of qualified open space in accord with the standards listed in UDC 11 -3G -3B in addition to that required by UDC 11-4-3-27 for multi -family developments (1.17 acres) for a total of 2.76 acres. A total of 3.07 acres (or 19.36%) of open space is proposed consisting of half of the street buffer along Locust Grove Road, a 20 -foot wide linear open space area along Wilson Lane, common area where the clubhouse, swimming pool and tot lot is located and miscellaneous open grassy areas that are a minimum of 20' x 20' in area (see Exhibit A.2). Because there is existing common open space abutting the east boundary of this site adjacent to proposed Lots 17,18 and 21 that is part of the adjacent multi -family development, staff recommends relocating the common area (dog park) proposed along the south side of Lots 20 & 21 to the north side of those lots. This will provide a view corridor to the existing common area instead of "walling" it off with buildings and provide more separation between structures and open space for recreation visible from the 4 abutting structures. Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in UDC 11 -3G -3C is required to be provided within this development in addition those required by UDC 11-4-3-27 for multi -family developments (see CUP analysis above). The applicant proposes 2 gazebos, a swimming pool, a clubhouse with an exercise room and a lounge area, a 50' x 100' open grassy area, walking trails, a dog park, a tot lot and a segment of the City's multi -use pathway system as amenities in compliance with UDC standards. The common areas where the gazebos, swimming pool, clubhouse, tot lot and dog park are located are proposed in the first phase of development. Pathway: A 10 -foot wide multi -use pathway is proposed along the north side of the Settler's Canal along the southern boundary of this site in accord with the Pathways Master Plan. Sidewalks/pathways are proposed adjacent to parking areas and around buildings which provide pedestrian access to dwelling units, common areas and site amenities. Connections should be provided to the sidewalks along Locust Grove and Wilson Lane from internal pathways. Waterways: The Settler's Canal/Jackson Drain runs along the southern boundary of this site. Because the centerline of the ditch lies on the property line and is a very large drain that is approximately 15 feet deep, the applicant requests a waiver to UDC 11 -3A -6A.3 which requires all irrigation ditches/laterals/canals/drains to be piped. City Council may waive the requirement for large capacity facilities. Fencing: A 6 -foot tall open vision fence, having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway is required along the Settler's Canal/Jackson Drain unless the drain is improved as a water amenity as set forth in UDC 11-1A-1. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 7 -foot wide attached sidewalk exists along Locust Grove Road; no sidewalk exists along Wilson Lane. The UDC requires detached sidewalks to be provided along arterial streets (i.e. Locust Grove); however, because the sidewalk along Locust Grove is fairly new, staff does not recommend it is torn out and reconstructed. Staff recommends a 5 -foot wide attached sidewalk is constructed along Wilson Lane as proposed, Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City's adopted standards, specifications and ordinances. All development is Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 10 EXHIBIT A required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian and Settler's Irrigation Districts. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Stormwater is proposed to be retained on-site in seepage beds. In stmnmmy, Staff recommends approval of the proposed AZ, CUP and PP applications with the development agreement provisions and conditions inchtded in Exhibit of this report in accord with the findings contained in Exhibit if Cotancil determines a "step " down in density fi°om HDR to MHDR is appropriate for this site. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Concept Plan (dated: 6 8/16/16), Floor Plan & Open Space Exhibit (dated: 8/16/16) 3. Proposed Preliminary Plat & Phasing Plan (dated: 6/20/2016) 3. Proposed Landscape Plan (dated: 6/20/16) (NOT APPROVED) 4. Proposed Building Elevations & Renderings B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Little Creek Subdivision —AZ, CUP, PP H-2016-0076 PAGE 11 EXHIBIT A A. Drawings/Other Exhibit A.l: Zoning Map Exhibit A Page 1 EXHIBIT A Exhibit A.2: Proposed Site Concept Plan (dated: 7/1/16 8/16/16), Floor Plan & Open Space Exhibit (dated: 8/16/16) -q r. -R M N L DL r------ Vii_ r M 95 4 W.Ml_ R Z'Z L�z W­jltl wl"W >= u v I Ili all, I'M -Z5 C) CP -01 r 7-:7L L2 aE 1Q1 Uig w0g} JEL, W, ro z C) 31t Ll u -7 I 2 sFcU`Tn""` t Lllt5T!�WORPLkN R, -1- EXHIBIT A -3- I T aNa PH -01 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat (dated: 6/-39120 6 8/16/16) & Phasing Plan (dated: 9/20/16 EU'.'I L -T F+N r }}'1 TF 1 i J LITTLE CREEK SUBDIVISION — I,� SRWSTED'N DIE hMKNEST QMTER OF SIDUTO 8. — -- - taYNihP3NOKItlk6JN'EIEAS(. FAISEs.�ElcOWi � CITY OF MERIDIAN ADA COUNTY IDAHO. 65.-� - 'X3 2018 1 i I a. gq 5 r, C - llrTl� ss , I i • til la i Milt 50 j r o # Mo ....- a 1 11i I , I , \; PHASE 2 \ �PHASE 1 �6 -4- PH -01 EXHIBIT A Exhibit A.4: Proposed Landscape Plan (dated: 6/20/16 8/18/2016) EVEHC ,pm rnm PLAwma DE .ML T'T�KL�1 v! W E L CD L acs +z��gg z s SHEET �\ a •U PUN1� 1 DE*NL _ __ �\ D=)Q.OUS 7-6 PlANT1N4 DETAIL -5- EXHIBIT A Exhibit A.S: Proposed Building Elevations & Renderings UNIT'B' ENTRY ELEVATION - UNIT'A' PATIO ELEVATION GOALS: 1A' • 1'•O' °A' ENTRY ELEVATION - UNIT'B' PATIO ELEVATION ..ALS: IA' - V - UNIT'S' ENTRY ELEVATION - UNIT'A' PATIO ELEVATION etas: 1s•=1`-0• UNTT'A' ENTRY ELEVATION - UNIT'S' PATIO -6- -ecals: 1A•=110 - dune 20, ?O18 d w t&•p�swpsJ » R4ma� ni yw J �m a o �� H —0 0 '4d C C Ci Q% C CEJ 0 L Ui 4 .0 6 0:85 T.1 EXHIBIT A UNIT'S' ENTRY ELEVATION - UNIT "A" PATIO ELEVATION sane: ttn'=tw' UNIT'A ENTRY ELEVATION - UNIT'B' PATIO ELEVATION CLUBHOUSE FRONT ELEVATION 0a . 1,'4'=1'-4• .— 1w=11. rir� r■ 171110 01 CLUBHOUSE BEAR ELEVATION —7— Jis>: 24, 2416 L- .6c ao.�n+aaa EXHIBIT A -9- EXHIBIT A 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 signature on the final plat by the City Engineer. b. Future development of this site shall substantially comply with the preliminary plat, site plan and landscape plan included in Exhibit A and the conditions contained herein. c. A maximum of 204 residential dwelling units shall be constructed within this development. d. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual (ASM). Additional build-ifig types shall be provided that inelude a mix of eolefs and materials for variety within in aecord with the ASM (Goal R1.20). Windows are required on all elevations that face areas used for children's recreation to allow views of these areas, including those on Lots 17, 18 and 21 that face the conunon area on the adjacent development to the east. e. At a minimum, site amenities shall be provided for this development from each of the amenity categories as follows: a clubhouse with an exercise facility and lounge area, 2 gazebos, a tot lot, and a dog park (or open space) as quality of life amenities; a 50' x 100' open grassy area as an open space amenity; and a segment of the City's multi -use pathway system, a swimming pool, tot lot with children's play equipment and walking trails as recreation amenities in accord with the standards listed in UDC 11 -3G -3C and 11-4-3-27D. f A minimum of 2.76 acres of qualified open space shall be provided within this development as set forth in UDC 11-3G-3 and 11-4-3-27. g. The Settler's Canal/jaekson Drain w-hieh runs along the southern boundary of this site shall be piped or othevAse eovered as set fefth in UDG 11 3A 6A.3, unless a waiver- is approved— Council approved a waiver to UDC 11 -3A -6A.3 to allow the Settler's Canal/Jackson Drain to remain open and not be pined along the southern boundary of the site. 1.1.2 The developer shall comply with the specific use standards for multi -family developments listed in UDC 11-4-3-27, including but not limited to the following: a. 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 recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy for the first structure within the development. b. Submit floor plans for the units that demonstrate compliance with UDC 11-4-3-2713.3 which requires a minimum of 80 square feet (s.f.) of private useable open space to be provided for -10- EXHIBIT A each unit. 1.1.3 The revised site plan included in Exhibit A.2, dated July 1, 2016, shall be modified as follows: a. Depict 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 in accord with UDC 11-4-3-27B.7. b. Depict bicycle racks interspersed throughout the development with a minimum total of 20 bicycle spaces in accord with UDC 11 -3C -5C and 11 -3C -6G. c. Depict a 6 -foot tall open vision fence with an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway (Settler's Canal/Jackson Drain); or, improve the drain as a water amenity as set forth in UDC 11-1A, per UDC 11 -3A -6B. d. Depict pathway connections to the sidewalks along Locust Grove and Wilson Lane from internal pathways. e. Relocate the common area (depicted as a dog park) on the south side of Lots 20 and 21 to the north side of these lots Lots 18 and 19. Block 1. f. Depict a safe location for children to wait for the school bus as set forth in the adopted COMPASS regional long-range transportation plan; location of which as recommended by the school district. 1.1.4 The landscape plan included in Exhibit A.4, dated June 20, 2016, shall be revised as follows: a. All elevations that face E. Wilson Lane and N. Locust Grove Road shall have landscaping along their foundations that comply with the minimum standards listed in UDC 11-4-3-27E.2. b. Revise the landscape plan to coineide with the fevised site layeat. 1.1.5 The revised preliminary plat included in Exhibit A.3, dated August 11, 2016, is approved as submitted unk-ss Council does not ver to UPC U 3A 3 for- aeeess via Loeust Gr-ove Road. In sueh case, the plat (and assoeiated plans) should be revised to refleet aeeess .^ ` bison Lane. Council approved a tvaiver to UDC 11-3A-3 for access via Locust Grove Road. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7. 1.1.7 All storm drainage areas included in the qualified open space calculations shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. 1.2 General Conditions of Approval 1.2.1 Comply with all bulls, 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. 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. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. -11- EXHIBIT A 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 set forth in UDC 11 -3C -6G consistent with the design standards as set forth in UDC 11 -3C -5C. 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 Standards 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-6174. 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to obtain City Engineer signature on a final plat within two (2) years of approval of the preliminary plat; or, obtain approval of a time extension as set forth in UDC 11-6B-7. 1.4.4 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. -12- EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 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.i-neridiancity.org/public works.aspx?id=272. The plan will need to include the installation of Type 2 lighting along E Wilson Lane, and a type 1 (LED fixture at a 35' mounting heights with at 12' mast arm) light on Locust Grove Road, 300' south of Wilson Lane. 2.1.2 Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu of blow -offs. 2.1.3 The timing for the issuance of building permits shall be after the satisfactory completion of the following pre -requisite items: a. The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b. The sanitary sewer system shall be installed and tested. C. At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). d. At a minimum, temporary street signs will need to be in place. 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 9-1-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat -13- EXHIBIT A by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 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. 2.2.10 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. 2.2.11 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. 2.2.12 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. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.15 All grading of the site shall be performed in conformance with MCC 11-1-413. 2.2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.17 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. 2.2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. 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. 2.2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.20 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. -14- EXHIBIT A Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant insist file an application for surety, which can be found on the Comtnunity 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 887-221. 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 41/2" outlet face the main str eet 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'/2" 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. 4.3 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 All conn -non driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D 103.6. -15- EXHIBIT A 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 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. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible constiuction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to sei vice the proposed project. Fire hydrants shall be placed per Appendix C. 4.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.12 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.14 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.15 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. 4.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a, For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.17 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. 4,18 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.19 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105, 4.20 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. -16- EXHIBIT A 5. REPUBLIC SERVICES 5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of trash enclosures prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11 -3B -10C.5 for any existing trees 4 -inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 6.2 Extend the 10 -foot wide multi -use pathway that exists on the property to the east along the southern boundary of the site to the sidewalk along N. Locust Grove Road in accord with the Pathways Master Plan. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate additional right-of-way to total 59 -feet from the centerline of Locust Grove Road abutting the site. 7.1.2 Replace broken or deteriorated curb, gutter, or sidewalk on Locust Grove Road abutting the site. 7.1.3 Complete Wilson Lane as a 40 -foot street section with vertical curb, gutter, and a 5 -foot wide attached concrete sidewalk abutting the site, as proposed. 7.1.4 Maintain the existing 30 -foot wide driveway onto Locust Grove Road located 300 -feet south of Wilson Lane. Reconstruct the driveway as a curb return driveway with a 30 -foot radii. Pave the driveway its full width at least 30 -feet into the site beyond the edge of pavement of Locust Grove Road. This driveway may be widened to 36 -feet in width. 7.1.5 Construct two 54 -foot wide driveways onto Wilson Lane with two 21 -foot wide travel lanes and a 12 -foot wide center landscape island located 840 -feet east of Locust Grove Road, as proposed. Pave the driveway its full width at least 30 feet into the site beyond the edge of pavement of Wilson Lane. 7.1.6 Install "NO PARKING" signs on both sides of Wilson Lane from Locust Grove east 500 -feet. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACRD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACRD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. -17- EXHIBIT A 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACED right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street fiontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -18- EXHIBIT A Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary J-U•B ENGINEERS, INC. U s t-)nriF,'11 III 5 Little Creek Subdivision Annexation Boundary Description Project Number 10-15-124 July 5, 2016 ;� 7NC 1 4APPINO �.a��'CAN4nDN INC, 4 '', 4R4UP � I INC, A portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) situated in the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section 8, Township 3 North, Range 1 East, Boise Meridian, and the northwest corner of Pleasant Valley Subdivision; Thence S00°26'22"W, 454,99 feet along the west line of the northwest quarter and the west boundary of Pleasant Valley Subdivision to the intersection with the centerline of East Wilson Lane, the POINT OF BEGINNING: Thence S89°59'19"E, 1038,24 feet along the centerline of East Wilson Lane to the west boundary of Lot 7 of Pleasant Valley Subdivision; Thence 500°26'35"W, 1014.79 feet along the west boundary of Lot 7 of Pleasant Valley Subdivision, the east boundary of Lot 20 of Pleasant Valley Subdivision, and the west boundary of Paddington Subdivision (Book 86 of Plats at Pages 9631 through 9634, records of Ada County, Idaho) to the south boundary of Pleasant Valley Subdivision; Thence N65°20'40"W, 295.71 feet along the south boundary of Pleasant Valley Subdivision; Thence N55°25'16"W, 314.50 feet along the south boundary of Pleasant Valley Subdivision; Thence N55°36'16"W, 612.62 feet along the south boundary of Pleasant Valley Subdivision to the southwest corner of Pleasant Valley Subdivision and the west line of the northwest quarter; Thence N00`26'22"E, 367.05 feet along the west line of the northwest quarter and the west boundary of Pleasant Valley Subdivision to the POINT OF BEGINNING. The above-described parcel contains 17.00 acres, more or less. "11 4 Page 1 of 1 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 2qB-376 7339 j 208-323-9336 w tvww.jub.eom -19- 6 5 E. Fairview Ave. 7 8 �— m rn N )8 S89'S9'19"E EXHIBIT A E. Wilson Lane r 0 76 159 S.fH is Feel 0 °l-�o in o o- > tb 536. 1� cS q' v .O m NI 1n a_� � wl 262, z tO N uJ V) zZ m m Unplotted �IRSp, 1%3 � 4 c OF Little Creek Subdivision lrjm Annexation Boundary _-yam A Portion of Pleasant Valley Subdivision Situated in the Northwest 1/4 o1 - w.arrNemecas,mc. Section 8, Township 3 NorUr, Range 1 East, eoise Meridien. -20- EXHIBIT A D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING: 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to R-40 is consistent with the HDR FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, the City Council 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; The City Council finds that the proposed map amendment to the R-40 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; The City Council 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. 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, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City. 2. 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. The City Council fmds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 zoning district and the specific use standards for multi -family developments. -21- EXHIBIT A b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi -family residential use will be harmonious with the Comprehensive Plan if Council with approval of a "step" down in density as allowed in the Plan. The proposed use is in accord with UDC requirements. 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. The City Council finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with existing residential and 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. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council fmds 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. The City Council 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. L 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. The City Council 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. The City Council 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. The City Council 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. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. 3. PRELIMINARY PLAT: -22- EXHIBIT A In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision -malting body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation with approval of a "step" down in density from HDR as allowed in the Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for nrore information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the StaffReport for more details from public service providers) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided by public service providers (i.e., Police, Fire, ACRD, etc.), City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council 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. L The development preserves significant natural, scenic or historic features. The City Council finds there are no significant natural, scenic or historic features associated with this property that need to be preserved with development of this site. -23- Meridian City Council Meeting DATE: November 9, 2016 ITEM TITLE: Five Mile Creek ITEM NUMBER: 4F PROJECT NUMBER: F. Recreational Pathway Easement - Five Mile Creek, Segment H2 - Yuan 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 ADA COUNTY RECORDER Christopher D. Rich 2016-109496 BOISE IDAHO Pgs=8 DAWN TRIVOLIS 11/10/2016 02:10 PM CITY OF MERIDIAN, IDAHO NO FEE RECREATIONAL PATHWAY EASEMEN THIS AGREEMENT, made and entered into this 9 day of ,loyembe-Ir 201 S, between Jasper and Arlene Yuan, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee'% WITNESSETH; WHEREAS, Grantor is the owner of real property on portions of which the City, of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 1 The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"), The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human - powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work. by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and related improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein, 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. S, Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property, RECREATIONAL PATHWAY EASEMENT- I RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of _ . 2016 between Jasper and Arlene Yuan, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human - powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and related improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT- I 6. Grantee agrees, to the extent allowed by law, to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which may be applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. Grantee hereby covenants and agrees that access from the Pathway to the property addressed as 715 E. Fairview Avenue shall be prohibited and will enforce the prohibition by installing a fence or barrier acceptable to the Grantor. 11. The Grantor hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 12. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of anypublic street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 13. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 14. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 15. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written, RECREATIONAL PATHWAY EASEMENT - 2 GRANTOR: Jasper Yuan per Yuan GRANTOR: Arlene Yuan Arlene Yuan Np,,A C�,rdr�y STATE OF APAZtNA) GvM6e.-l�� County of Mafieepa �h On this „__��___day of 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Jasper Yuan, known or identified to me to be the person who executed the within instrument, 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 first above written. Mitchell J. Howard UBLIC FOR 4Am6NA Notary Public Residing at: G i,,M6 pi favi Cumberland County, NC Commission Expires: My commission Expires 04-26-2020 STATE OF ARIZONA) ) ss County of Maricopa ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Arlene Yuan, known or identified to me to be the person who executed the within instrument, 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 first above written. NOTARY PUBLIC FOR ARIZONA Residing at: Commission Expires: RECREATIONAL PATHWAY EASEMENT - 3 GRANTOR: Jasper Yuan Jasper Yuan GRANTOR: Arlene Yuan CI Arlene Yuan STATE OF ARIZONA) )'ss County of Maricopa ) On this day of , 2016, before me, the undersigned, a NotaryPublic in and for said State, personally appeared Jasper Yuan, known or identified to me to be the person who executed the within instrument, 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 first above written. NOTARY PUBLIC FOR ARIZONA Residing at: Commission Expires: �-s R STATE OF ARFZONA) Cal Wo r '-N !L ss County of I�� ) L Ds On this day of 0(ff abe r 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Arlene Yuan, le�or identified to me to be the person who executed the within instrument, 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 fust above written. YANGSOON WENOTARY PUBLI OR ASA Commission # 2095090 Notary Public - Caliiorniu Residingat: Los Angeles County Commission Expires. ®l� My Comm. Expires Jan 23, 2019 p RECREATION PATHWAY EASEMENT - 3 GRANTEE: CITY OF MERIDIAN�ppRATEpgLcG� i E IL)W el Tammy de W�7rg��= Mayor 4q c �prrha rREASUR��P�� Attest C,Jay les, City Clerk Approved By City Council On: /N0 VP7 6W q, STATE OF IDAHO ) : ss, County of Ada ) '01-1 On this day of pVCM r , 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. •�rrr►N•-OM& V:� uk�:. (SEA F,N E ••,� NOTARY PUBLIC FOR AHO �'.o�AR .`9�,'•: Residing at: , _ Commission Expires: ■ 1 I ■ r r �tiG -g; •••rrrrrrr♦ RECREATIONAL PATHWAY EASEMENT - 4 EASEMENT DESCRIPTION AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NW1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND BEING A PART OF THAT PARCEL DESCRIBED IN WARRANTY DEED RECORDED ON SEPTEMBER 29, 2014 AS DOCUMENT NO. 2014-079117 IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHEASTERLY CORNER OF SAID NW1/4; THENCE SO°34'26"W, ALONG THE EASTERLY BOUNDARY OF SAID NW1/4, A DISTANCE OF 50.01 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE S89°00'44"W, ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL, 282.91 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY SO -26-37"E, 296.54 FEET; THENCE S61058'02"E, 293.99; THENCE S56010'59"E, 19.93 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE S0034'26"W, 23.91 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE LEAVING SAID EASTERLY BOUNDARY N56010'59"W, 32.03 FEET; THENCE N61 °58'02"W, 304.89 FEET; THENCE NO°26'37"W, 308.25 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL; THENCE N89°00'44"E, ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL, 20.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 12,556 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS EXISTING OR IN USE. 10 .irk- LA.;+�; c 13 an 4. 0 F Li 0 Drawn By CD K RECREATIONAL PATHWAY EASEMENT Checked By 05ffA Dake 11/12/15 GRANTOR: JASPER YUAN & REF SHEET# ARLENE YUAN CTA # COM 5MG LIVINGSTON, MT (406)222-0104 GRANTEE: CITY OF MERIDIAN SHEET# Cad File:COMCSV01 I Fax (406)222-1007 GRAPHIC SCALE 80 0 40 so 160 IN FEET 1 inch = 80 ft. BASIS OF BEARINGS IS INITIAL POINT KA Vwmlffig�- POINT OF COMMENCEMENT SUBDIVISION PLAT - WEST LINE OF LOT 1 114 S.6 N89000'44"E 20.00' *S.7 S0034'26"W 50.01- .................. S8900014411W 282.91' ................ POINT OF BEGINNING 710 93:99 A PROP[` I'( R01 JNOARY I'XIS] ING AND MAINIT'NIAMCF t m 1:IVE , 114ST. NO, 7608W5 ('_a0' NIDE - 451 awn By Cate ecked By QSB to 11/12/15 A 4 com 5mc K56u10,5911%A/ 32 031_ ;P3 C 0 Elm 111141TIAL PC MPT IJ 1-1) 1_).(\11;' 10 S56"10'59"E 19.93' —SO034'26"W 23.91' _01l 'L FIVE MIUL CRI'L-K _71v -71711-- — = RECREATIONAL PATHWAY EASEMENT XHIBIT FA, GRANTOR: JASPER YUAN & REF SREET# BOISE, ID ARLENE YUAN SHEET# 208.336.4900 GRANTEE: CITY OF MERIDIAN LEGEND FOUND PROPERTY CORNER 0 UNMONUMENTED EASEMENT Z PROPERTY BOUNDARY EASEMENT LINE 1c) . 1 rQ UNPLATTED c)DOC.NO. 2014-079117 00 -4 710 93:99 A PROP[` I'( R01 JNOARY I'XIS] ING AND MAINIT'NIAMCF t m 1:IVE , 114ST. NO, 7608W5 ('_a0' NIDE - 451 awn By Cate ecked By QSB to 11/12/15 A 4 com 5mc K56u10,5911%A/ 32 031_ ;P3 C 0 Elm 111141TIAL PC MPT IJ 1-1) 1_).(\11;' 10 S56"10'59"E 19.93' —SO034'26"W 23.91' _01l 'L FIVE MIUL CRI'L-K _71v -71711-- — = RECREATIONAL PATHWAY EASEMENT XHIBIT FA, GRANTOR: JASPER YUAN & REF SREET# BOISE, ID ARLENE YUAN SHEET# 208.336.4900 GRANTEE: CITY OF MERIDIAN Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Public Safety Department Annual Update MEETING NOTES M,e b( -A ;d -fie -�K0ei PWJ '67fi'OA)l P -� L 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 Police Department Department Update Thank You Before we begin… I need to thank the men and women of the Meridian Police Department because our successes are their successes. We are who we are because of their hard work, dedication, professionalism and unwavering commitment to our community. Thank You We also need to thank Mayor De Weerd and City Council for their continued support especially this past budget workshop. Your dedication to us and ensuring our community is the safe as it can be does not go unnoticed and we say thank you. Mission To provide the highest quality service, in partnership with our community, to preserve and protect life and property through education, prevention and enforcement. Vision The Meridian Police Department is a premier organization valued for our innovation, positive culture, community partnerships and core values. Care Values Customer Service Accountability Respect Excellence Values-based organization Celebrate our Successes Impact team Proactive enforcement team Started with COPS Grant Fully funded by city now SRO team Relationship with our youth Relationship with our schools Community service award – DOJ, Idaho Celebrate our Successes MADC update given last week Rx take back 2015 2980 lbs. 2016 3467 lbs. in 10 months Evidence Only agency in Idaho 100% submittal on all sexual assault kits Celebrate our Successes Reaccreditation this summer with the Idaho Chiefs of Police Accreditation Standards. Analytical Services Processed 33,470 police records; police reports for entry, arrest, supplements, accidents, scanning of documents, FI cards, validations processed, public records. Participated as part of the City Wide Retention Committee; updated Police Department Retention Schedule which processed 10 years of police reports for destruction. Department Organization Current hires – 8 7 officers on Dec. 5 Retirements Promotions Planning a ceremony at Dec. 20th City Council Staffing Study Patrol calls/staffing Detective staffing Non-sworn staffing needs Records Code Enforcement Evidence Organizational structure Department Structure/Alignment Command staffing Captains PIO – Public Information Officer Patrol Lieutenants Community Service Officers Evaluate/add beat areas How to deploy resources better Response times Body Worn Cameras Implemented May 2015 Well received Drop in complaints Officer Complaints past 3 years 2014 = 137 2015 = 43 2016 = 52 Public records requests - increase Public Records Requests Public Records Requests (PRR) 2014 2015 Jan 1 - Nov 7, 2016 Accidents na 1,487 1,918 Background Checks na na 676 Report Requests (citizens, outside agencies) 3,096 1,963 889 BWC/Audio* na 663 1,909 Grand Total PRRs 3,096 4,113 5,392 Body Worn Cameras iCloud storage 8.23 TB, 64,859 videos to date Storage doubled at no charge to us with vendor change Unlimited plan now available when needed Current estimate would be $10,800 per year PSTC – Training Center Current use Out of state visitors Next level – future staffing needs Scenario Village – Implementation Funding Crisis Intervention Training Continue to see an increase in mental health calls Crisis Center – pending Goal – CIT training hours increase for every officer Increased de-escalation training Marketing/Recruiting Branding Social Networking Recruiting cultural diversity Qualified, diverse workforce Representative of our community Community Expectations/concerns Build relationships Police liaisons – diverse groups Maintain training – community expectations Technology 21st Century Evolving Work close with IT department Paper less reporting – status update Doing more in field without paperwork Wireless cameras - BWC Current/Future Focus on maintaining culture Accountability Right people in the right places Department values Increase challenges Modify how we police but maintain or improve current service level Thank You Questions/Comments FIRE DEPARTMENT FY17 DEPARTMENT UPDATE THE PAST, THE PRESENT, THE FUTURE TOPICS •2016 SUCCESSES •FY2017 BUDGET UPDATE •CURRENT AND FUTURE CHALLENGES •NEEDS 2016 SUCCESS STORIES •2 REPLACEMENT FIRE ENGINES •SAVED $36,000 •9 MONTHS TO COMPLETE •SATURDAY PUBLIC SAFETY DAY- 678 PARTICIPANTS •LARGEST CROWD TO DATE (5 YEARS) •CITY CPR CLASSES •39 NEW CITY EMPLOYEES TRAINED IN CPR •WEST ADA EOG’S •4/5 ADA COUNTY FIRE AGENCIES, 3 CANYON COUNTY FIRE AGENCIES USING SAME OPERATIONAL GUIDELINES; BETTER FIREGROUND COMMUNICATION AND EFFECTIVENESS 2016 SUCCESS STORIES •JOINT ENTRY LEVEL RECRUIT ACADEMY •7 AGENCIES PARTICIPATING FROM ADA AND CANYON COUNTY. AGENCIES UTILIZE TRAINING STAFF; WORKING TO MOVE TOWARDS A COMMUNITY COLLEGE MODEL (POST) •HIRED CHARLIE BUTTERFIELD- DIVISION CHIEF- PLANNING •PREVIOUS ASST. CHIEF SUN VALLEY •MASTERS DEGREE IN EDUCATION •DUTIES INCLUDE: DATA COLLECTION/ANALYSIS/REPORTING, DISPATCH/COMM’S LIAISON, RISK MANAGEMENT 2016 SUCCESS STORIES •ACCESS (ADA COUNTY/CITY EMERGENCY SERVICES SYSTEM) •TRANSITIONED TO NEW RMS THAT ALL AGENCIES ARE UTILIZING; ALLOWS FOR SEAMLESS TRANSFER OF INFORMATION AND CENTRALIZED RECORDS MANAGEMENT FOR 911 CALLS FOR SERVICE •SHARED COST MODEL HAS REDUCED MERIDIAN’S OPERATING COST BY APPROX. $30,000 •ESTABLISHED PLANNED DEPLOYMENT OF RESOURCES •FIRE NOT RESPONDING TO ALL MEDICAL CALLS (NON-EMERGENT) •AMBULANCE NOT RESPONDING TO ALL TREAT/RELEASE CALLS (DIABETICS) •CHANGED OUR COMMERCIAL AUTOMATIC ALARM RESPONSE •DURING WORKING HOURS- 1 ENGINE RESPONSE •AFTER WORKING HOURS- FULL RESPONSE •QUARTERLY JOINT TRAINING 2016 SUCCESS STORIES •DEPARTMENT MASTER PLAN •REGIONAL PLAN WITH 4 AGENCIES; SPECIFIC MERIDIAN AREAS FOR IMPROVEMENT AS WELL. COMPLETED AND PRESENTED TO CITY COUNCIL •TOPICS/SUGGESTIONS FOR CONSIDERATION PRIORITIZED, AND INCORPORATED INTO DEPARTMENT TACTICAL WORK PLAN WHERE APPROPRIATE •OUTSTANDING NEED FOR RESPONSE TIME ADOPTION FY2017 BUDGET UPDATE •2 TRAINING CAPTAINS (SHIFT TRAINING, PROGRAMS TRAINING) •CAPTAINS FORBEY AND WILSON •WILSON AT TRAINING AT ACADEMY THROUGH DECEMBER •FORBEY COMPLETING ENGINEER DEVELOPMENT PROGRAM (8 WEEK PROGRAM- PREREQUISITE TO TEST FOR ENGINEER) •UPON COMPLETION OF THE ACADEMY, WILSON TO BEGIN SHIFT COMPANY PERFORMANCE STANDARDS; FORBEY TO BEGIN EVOC (EMERGENCY VEHICLE OPERATORS COURSE) FY2017 BUDGET UPDATE •HIRED 8 FIREFIGHTERS •5 TO FILL VACANCIES; 3 APPROVED FOR FY17 BUDGET •1 LOST VIA DISMISSAL FROM ACADEMY •GRADUATE DECEMBER 9TH, 4:00PM (IDAHO CENTER); BEGIN FIELD TRAINING TASKBOOK FOLLOWING •EMS SHARED QUALITY ASSURANCE FTE (QA) •POSITION FILLED; QA ROLLOUT TO BEGIN JAN. 1 FY2017 BUDGET UPDATE •ANALYTICS/REPORTING SOFTWARE •HAVE IDENTIFIED THE VENDOR; ROBUST PLANNING TOOL INCORPORATES MULTIPLE DATA STREAMS. RECOMMENDATION FROM IT. •NORMAL COST IS $60,000/YEAR •WORKING WITH BOISE, STAR, CALDWELL, NAMPA, ADA COUNTY PARAMEDICS, AND POTENTIALLY EAGLE, KUNA, MIDDLETON, PARMA, AND CANYON COUNTY PARAMEDICS ON SHARED COST MODEL. •DEVELOPED A TREASURE VALLEY COST WITH VENDOR OF $90,000. MERIDIAN SHARE WILL EQUAL APPROXIMATELY $15,000. •PROGRAM SUPPORTED BY THE WESTERN FIRE CHIEFS ASSOCIATION (ALLOWS FOR BETTER REGIONAL DATA COLLECTION AND SHARING) FY2017 BUDGET UPDATE •FINAL STAGES OF 24 MONTH TACTICAL WORK PLAN •5 YEAR (2011-2016) STRATEGIC PLAN COMPLETED •24 MONTH PLAN CONTAINS •23 TACTICS •EACH TACTIC ALIGNS WITH CITY STRATEGIC PLAN OBJECTIVES •DEVELOPED WITH LOCAL 4627 LEADERSHIP •PLAN INCLUDES: •SHORT TERM GOALS- < 6 MONTHS TO COMPLETE (8) •MID TERM GOALS- 6-12 MONTHS TO COMPLETE (8) •LONG TERM GOALS- < 24 MONTHS TO COMPLETE (7) •EVERY TACTIC HAS MEASUREABLE OUTCOMES •INCORPORATES OUTCOME BASED BUDGETING 24 MONTH TACTICAL PLAN Ranking survey for tactical work plan- Combined Timeline Score LEAD Q3. Tactic- Develop and Adopt Comprehensive Health and Wellness Program 2.8 Local 4627 Q5. Tactic- Develop, Adopt, and Implement Department Communications Plan 2.6 Niemeyer Q19. Tactic- Complete CPS and IPS standards to include annual competency evaluation 2.6 Jones Q11. Tactic- Develop and Implement Wildland Training 2.4 Jones Q17. Tactic- Research, Develop, Adopt, and Implement a Department EVOC Program 2.4 Fedrizzi Q18. Tactic- Develop, Adopt, and Implement a Truck Company certification Program 2.4 Fedrizzi Q12. Tactic- Research, Establish, Implement, and Report "Chute Time" standard 2.2 Butterfield Q22. Tactic- Develop and Implement a uniform Post Incident review process 2.4 Campbell Q7. Tactic- Develop, Adopt, and Implement a change management process to include the following components: planning, vetting, communicating, review/revise.2.2 Niemeyer Q9. Tactic- Enhance visibility to the Public 2.2 Gerhart Q14. Tactic- Complete, Adopt, and Implement Department tactics manual 2.2 Fedrizzi Q6. Tactic- Research, Purchase, and Implement online performance management tool to improve employee feedback 2.4 Niemeyer Q24. Tactic- Establish and Implement a Battalion Chief swing up program 2.2 Jones Q10. Tactic- Research, Develop, and Adopt Department Comprehensive Mental Health Program 2 Jones Q13. Tactic- Research, Develop, Adopt, and Implement Department data standards, benchmarks/outcomes, and reporting 2 Butterfield Q21. Tactic- Research, Develop, Adopt, and Implement Pre-Fire Plans for primary target hazards 2 Bongiorno Q2. Tactic- Research, analyze, and implement best Station Alerting solution 1.8 Palmer Q16. Tactic- Develop and Implement Chief Officer Development Program (CODP)1.8 Jones Q4. Tactic- Research, Develop, and Adopt EMS Program Deployment and Training Standards for the next 24 months 1.6 Niemeyer Q20. Tactic- Research and Adopt (if applicable) Lease option apparatus replacement Program 1.6 Palmer Q8. Tactic- Establish Logistics Division to improve management of Fleet, Stations, Equipment, and Supplies 1.2 Niemeyer Q23. Tactic- Design, Build, Staff Fire Station #6 1 Palmer Q1. Tactic- Research, analyze, and implement best method to eliminate cross staffing at Station #1 2 Jones LONG TERM: 12-24 Months to Complete; Begin Jan. 1st, 2017; End Jan. 1st, 2019 MID TERM: 6-12 Months to Complete; Begin Jan. 1st, 2017 ; End Jan. 1st, 2018 SHORT TERM: Less than 6 Months to Complete; Begin Jan. 1st, 2017 ; End June 1st, 2017 FY2017 BUDGET UPDATE •NEW PARTNERSHIP WITH PARKS DEPARTMENT •FUTURE FIRE STATIONS TO BE ON ½ MILE ROADWAYS •MAIN ARTERIAL EXPANSIONS HAVE CREATED RESPONSE CHALLENGES •STATION 1 IDEALLY NOT IN THE RIGHT LOCATION DUE TO INTERSECTION ACCESS •CURRENT STATION 6 PROPERTY NOT IDEAL •DISCUSSIONS TAKING PLACE ABOUT CO-LOCATING AT BEAR CREEK PARK •DISCUSSIONS TAKING PLACE ABOUT CO-LOCATING AT A FUTURE SOUTH MERIDIAN LOCATION CURRENT AND FUTURE CHALLENGES •STAFFING •1 LOST IN CURRENT ACADEMY •STATION 6 WILL REQUIRE 12 FF’S •NEAR FUTURE RETIREMENTS OF POTENTIALLY 6 STAFF •PREVIOUS DEPARTMENT EXPERIENCE WITH THIS CHALLENGE RESULTED IN LOWERING OF EXPERIENCE REQUIREMENT •POTENTIAL SOLUTIONS: •CONSIDER DIFFERENT APPROACH TO HIRING FOR ACADEMY •CONSIDER ALTERNATIVE TO CURRENT PROMOTIONAL TESTING PROCESS CURRENT AND FUTURE CHALLENGES •GROWTH •INCREASE IN TRAFFIC/CONGESTION, SLOWING TRAVEL TIME •STATION CALL VOLUME INCREASING- EXAMPLE: STATION 1 ANTICIPATED VOLUME = 2064 •TOTAL DEPARTMENT CALL VOLUME IN 2000 = 2069 •OVERLAND ROAD, TEN MILE URD •MULTI FAMILY HOUSING, COMMERCIAL DEVELOPMENT •SIGNIFICANT GROWTH OCCURRING IN THE NW AND SE PART OF RESPONSE AREA CURRENT AND FUTURE CHALLENGES •RESPONSE COVERAGE GAPS •GROWTH IS PREDOMINATELY HORIZONTAL •CREATES CHALLENGES COVERING POPULATION GROWTH THAT IS SPREAD OUT •STATION 6 NEED •ONLY 1 FIRE STATION SOUTH OF I-84 •TEN MILE/OVERLAND ROAD GROWTH •I-84 CALLS FOR SERVICE- QUICK ACCESS TO MERIDIAN OR TEN MILE ON RAMPS •CURRENT METRO/URBAN DENSITIES IN STATION 6 PROPOSED RESPONSE AREA CURRENT AND FUTURE CHALLENGES •FIRE STATION 1 CROSS-STAFFING •STATION 1 RELIABILITY REMAINS AT APPROXIMATELY 74% •GOAL IS 80% RELIABILITY FACTOR •CALL VOLUME HAS DICTATED THE NEED FOR AN ADDITIONAL APPARATUS •ANTICIPATED CALL VOLUME: •824 ANNUAL FIRE RESPONSES REQUIRING TRUCK 31 RESPONSE •1240 EMS RESPONSES REQUIRING THE “RIGHT” RESOURCE THE NEED •RESPONSE TIME ADOPTION •TURNOUT TIME STANDARD. 90% OF THE TIME •60 SECONDS EMS CALLS •90 SECONDS FIRE CALLS •TRAVEL TIME STANDARD (2 OPTIONS). BOTH OPTIONS 90% OF THE TIME •OPTION A: POPULATION BASED •5 MINUTES TRAVEL FOR METRO/URBAN >2000 PEOPLE/SQ MILE •7 MINUTES TRAVEL FOR SUBURBAN; 1000-2000 PEOPLE/SQ MILE •9 MINUTES TRAVEL FOR RURAL; 50-1000 PEOPLE/SQ MILE •OPTION B: CITY/DISTRICT BASED •5 MINUTES TRAVEL FOR ALL CITY RESPONSES WITHIN CITY BOUNDARY •7:30 MINUTE TRAVEL FOR ALL DISTRICT RESPONSES OUTSIDE CITY BOUNDARY TWO OPTIONS OPTION A (PREFERRED AND RECOMMENDED IN MASTER PLAN)- DENSITY BASED OPTION B- CITY/DISTRICT BASED Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Community Development: Overland and Eagle Land Use Planning Area 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 Community Development Department  33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533  Fax 208-888-6854  www.meridiancity.org November 2, 2016 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk Bruce Chatterton Caleb Hood FROM: Brian McClure, Associate Planner RE: Overland and Eagle, Future Land Use Planning Area November 9th, 2016 City Council Agenda Item The area around and east of the Overland and Eagle Road intersections is highly visible and increasingly attractive to residential, commercial, and office projects. On the east of the intersection and the area of interest for this project are the Jewel and Rolling Hill subdivisions. These older County subdivisions are largely under a Low Density Residential land use designation. Surrounded by busy roadways, I-84, and intensive commercial and office uses though, areas of these older subdivisions are likely to see continued and fragmented requests for commercial uses. Along Overland, City Council has already approved changes that affect the long-term viability of Low Density Residential in this area. Most recently City Council granted properties known as Tribal Fire with commercial land use and zoning designations. Before that City Council also approved a commercial zoning designation for the Zamzow’s store, but did so under the existing low density residential land use. These types of fragmented land use and zoning changes amid low density residential is confusing for neighbors and the community, more likely to create enclaves, and much less likely to result in a safe and efficient transportation network as well as seamless land use patterns. The Meridian City Council has also recently approved changes to the Area of City Impact in the vicinity, expanding it, and providing for both new and more intensive land uses. This change will 2 result in more residential and non-residential uses than previously contemplated, and apply additional development pressure to the surrounding area. With traffic increasing and development activity occurring in all directions of these County subdivisions, planning staff believe stakeholders should have an opportunity to influence the future of their subdivisions. While it’s possible that homeowners may favor limited development, and maintaining the existing Low Density Residential land use, they may also wish to escape the traffic or safeguard opportunities to “cash out” in the future. A change in the future land use does not necessarily mean redevelopment will be impending, only that change may occur more orderly. Planning staff are preparing for a January open house that focuses on listening to stakeholders, potentially preparing several Future Land Use Map revision scenarios, and then having additional conversations with both stakeholders and City Council. This process may result in no proposed changes to the Future Land Use Map. Attachments: » Exhibit maps of project area » Project timeline "U "U"U "U"U "U"U E X I S T : 5 E X I S T : 5 EXIST: 5 E X I S T : 5 E X I S T : 2 S L o c u s t G r o v e R d E Overland Rd S E a g l e R d §¨¦84 Beagle A c c o l a d e L o d e r Blue Tick Pratt B e r n i e B e n t l e y Magic ViewWoodbridge L a b r a d o r A l l e n S p e lman Pewter FallsBlueHorizon T o rino Gala ViewBirdDog T r u n n e l J a d e T i b u r o n C i n e m a Cl i f t o n Gentry C r o s stimber Onyx Watertower Goldsto n e Cl o c k towe r Promenade Puffin Tarpon Cadillac T o p a z Char o l ais R a c k h a m F r e e w a y R o l l i n g H i l l A r b o r B e a m T r u s s W o o d h a v e n W e l l s Thorn w ood C o b a l t P o i n t M i l l e n n i u m S i l v e r s t o n e B o n i t o W o r t h M u s t a n g L u x u r y Co n t i n e ntal B O I S E M E R I D I A N Vicinity Map - Future Land Uses [0 0.25 0.50.125 Miles Legend Area of Impact Project Area Low Density Residential Medium Density Residential High Density Residential Commercial Office Industrial Civic Mixed Use Community Mixed Use Regional "U Existing Bus Stops ACHD MSM Planned 5 lane Planned 7 lane Existing Collector Planned Collector ACHD CIP 5 Lanes 7 Lanes Built Out The information shown on this map is compiled from varioussources and is subject to constant revision. The City of Meridianmakes no warranty or guarantee as to the content, accuracy,timeliness, or completeness of any of the data provided, andassumes no legal responsibility for the information contained onthis map. Print Date: 10/27/2016User: bmcclure | Path: V:\DIVISIONS\Long Range and Transportation\3.0 Projects\Districts and Specific Area Plans\NE Overland and Eagle\5.0 Working\GIS\Property Information.mxd "U "U"U "U"U "U"UL-O L-O TN-R R-15 C-C R6 L-O C-C I-LL-O RUT RR R-8 R1 RUT L-O RUT R-8R-4 RUT C-G R1 R-40 I-L R-2 R1 C-G L-O C-G R-4 RUT R1 RUT C-C I-L C-G C-G C-G E X I S T : 5 E X I S T : 5 EXIST: 5 E X I S T : 5 E X I S T : 2 S L o c u s t G r o v e R d E Overland Rd S E a g l e R d §¨¦84 §¨¦84 Beagle A c c o l a d e L o d e r Blue Tick Pratt B e n t l e y Magic ViewWoodbridge L a b r a d o r A l l e n S p e lman Pewter FallsBlueHorizon T o rino Gala ViewBirdDog T r u n n e l J a d e T i b u r o n C i n e m a Cl i f t o n Gentry C r o s stimber Onyx Watertower Goldsto n e Cl o c k towe r Promenade Puffin Tarpon Cadillac T o p a z Charolais R a c k h a m F r e e w a y R o l l i n g H i l l A r b o r B e a m T r u s s W o o d h a v e n W e l l s Thorn w ood C o b a l t P o i n t M i l l e n n i u m S i l v e r s t o n e B o n i t o W o r t h M u s t a n g L u x u r y Co n t i n e ntal B O I S E M E R I D I A N Vicinity Map - Zoning [0 0.25 0.50.125 Miles Legend Area of Impact Project Area Zoning - Meridian ZONING [C-C] Community Business [C-G] General Retail & Service Commercial [L-O] Limited Office [I-L] Light Industrial [TN-R] Traditional Neighborhood - Residential [R-2] Low Density Residential [R-4] Medium-Low Density Residential [R-8] Medium Density Residential [R-15] Medium-High Density Residential [R-40] High Density Residential "U Existing Bus Stops ACHD MSM Planned 5 lane Planned 7 lane Existing Collector Planned Collector ACHD CIP 5 Lanes 7 Lanes Built Out The information shown on this map is compiled from varioussources and is subject to constant revision. The City of Meridianmakes no warranty or guarantee as to the content, accuracy,timeliness, or completeness of any of the data provided, andassumes no legal responsibility for the information contained onthis map. Print Date: 10/27/2016User: bmcclure | Path: V:\DIVISIONS\Long Range and Transportation\3.0 Projects\Districts and Specific Area Plans\NE Overland and Eagle\5.0 Working\GIS\Property Information.mxd Community Development Department  33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533  Fax 208-888-6854  www.meridiancity.org Approximately 2016-17 Overland & Eagle Timeline November  Present facts, plan, & timeline to Council (November 9th) and receive feedback  90 Acres, 68 parcels  Explore/discuss limited scope for consultant support (marketing or other)?  Inventory and analysis December  Prepare and distribute postcards for neighborhood meeting to impacted owners. Tentatively scheduled for January 16, 2017.  Install link and project information on City website  Prepare for 1st public involvement meeting January  Hold public involvement meeting 1 of 2 (Background & Options)  Review information and discussion from public involvement meeting.  Develop future land use map alternatives (retain, change, hybrid, etc). February  Update to Council regarding project status.  Prepare and distribute postcards for 2nd neighborhood meeting to impacted owners. Tentatively scheduled for March 13, 2017.  Prepare for 2nd public involvement meeting March  Hold public involvement meeting 2 of 2.  Submit Comprehensive Plan Map amendment application  Begin staff report for Public Hearing  City Clerk to prepare legal notice April  Public hearing at P & Z Commission Community Development Department  33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533  Fax 208-888-6854  www.meridiancity.org May  Prepare recommendations from P & Z hearing for City Council  City Council hearing  Record ordinance(s) Overland & Eagle Future Land Use Planning Area City Council November 9, 2016 Background Information & Issue Jewel and Rolling Hill Subdivisions •County Subdivisions •68 properties on 100 acres •Low Density Residential Land Use (primarily) •Access to Overland Rd (only) •Some properties already proposed for redevelopment Evaluate potential for an area-wide Future Land Use Map change. PR O J E C T A R E A Zamzow’s History Previous Council-Approved Developments •Zamzow’s •Tribal Fire •Silverstone Apartments Other Information: •I-84 and Eagle busiest Interchange in the State •Overland Road in ACHD MSM and CIP for 7-lanes •Rapidly transitioning to urban FU T U R E L A N D U S E DE S I G N A T I O N S ( T o d a y ) Tribal Fire Zamzow’s Silverstone ZO N I N G D I S T R I C T S Tribal Fire Zamzow’s Tribal Fire Silverstone Potential Next Steps •Send Postcards & hold public involvement meeting (PIM). Tentatively January 16th •Draft land use alternatives (based on PIM) and update City Council •Hold 2nd PIM, tentatively March 16th •Potentially, file application for Future Land Use Map change or alternatively, update City Council (if no proposed change) QUESTIONS OR DIRECTION Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Legal Department: Transfer of Real Property of Main and Fairview from ACHD fo City of Meridian 1►i14:0911![H,[Q 111*1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Transfer of Real Property at Main Street & Fairview Avenue from ACHD to City of Meridian Emily Kane, Deputy City Attorney Presentation to Meridian City Council November 9, 2016 Parcel 162 SE corner of Main Street & Fairview Avenue Meridian Split Corridor Agreement •June 27, 2012 Interagency Agreement for Meridian Split Corridor Phase 2 between ACHD, MDC, and City •§ 5: City agrees to maintain parcel 162 •§ 6: ACHD agrees to consider vacating and conveying it to City following completion of MSC2 project •Consideration waived per June 9, 2010 Fee Waiver Agreement ($85,972 value) Vacation & Transfer Process 1.Vacation by ACHD •Idaho Code § 40-203 2.Transfer to City •Idaho Code § 67-2323 1. Vacation: Idaho Code § 40-203 A.ACHD resolution – intent to abandon and vacate where in the public interest B.ACHD public meeting •Publicly noticed via posting C.ACHD public hearing •Notice to abutting landowners via mail •Public notice via publication x 3 D. ACHD written decision to A&V E. ACHD resolution – decision to A&V 2. Transfer: Idaho Code § 67-2323 A.Transfer agreement drafted B.ACHD public hearing on draft agreement •Public notice via publication x 2 C. ACHD executes transfer agreement D. City executes transfer agreement E. Conveyance •ACHD records quitclaim deed Property owned by City Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Interagency Agreement Interagency Agreement for Real Property Transfer - Agreement for Transfer of Real Property on Southwest Corner of Main Street & Fairview Avenue from ACHD to City of Meridian MEETING NOTES c✓ 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 INTERAGENCY AGREEMENT FOR REAL PROPERTY TRANSFER This Agreement for Real Property Transfer ("Agreement") is made this day of � , 2016, between the City of Meridian (hereinafter "City") and Ada County Highway District (hereinafter "ACHD"), both parties being bodies politic and corporate of the State of Idaho. WITNESSETH Section 1. Recitals WHEREAS, City is a duly formed and existing city pursuant to the laws and Constitution of the State of Idaho; and WHEREAS, ACHD is a single County -wide highway district organized and existing under the laws of the State of Idaho, with the jurisdiction and authority over all highways in Ada County, Idaho, except for State highways and freeways; and WHEREAS, The Joint Project Interagency Agreement ("MSCII Joint Agreement") dated June 27, 2012, between ACHD, Meridian and MDC for the Meridian Split Corridor Phase Two Project ("Project") referred to the parcel of real property at the southeast corner of the intersection of Main Street and Fairview ("Parcel 162") and with regard to Parcel 162, the Agreement provided that upon completion of the Project, the ACHD Commission would consider the vacation and abandonment of Parcel 162 and if so vacated and abandoned, ACHD would convey Parcel 162 to the City of Meridian as surplus property without receipt of compensation. The Project is complete and City has expressed its desire to receive Parcel 162 from ACHD as described in the attached INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 1 Exhibit "A" without payment of financial consideration per the MSCII Joint Agreement and also per the Agreement for Waiver of Costs and Fees between City and ACHD dated June 9, 2010 ("Cost & Fee Waiver Agreement"); and WHEREAS, ACHD is willing to transfer Parcel 162 to the City without receipt of financial consideration per the Joint MSCII Agreement and also per the Cost & Fee Waiver Agreement; and WHEREAS, Idaho Code § 50-301 authorizes the City to acquire real property in the name of the City; and WHEREAS, Idaho Code § 67-2322 authorizes ACHD to transfer or convey real property to the City without receipt of financial consideration if it is in the best interest of the public; and WHEREAS, Idaho Code § 67-2323 requires that prior to any conveyance of property, a written agreement shall be made; and WHEREAS, both City and ACHD desire to enter into such an agreement for the transfer of Parcel 162 to City by ACRD. NOW THEREFORE, in consideration of the premises, mutual covenants and agreements herein contained, and in consideration of the MSCII Joint Agreement and the Fee Waiver Agreement, the parties hereto agree as follows: Section 2. General Provisions A. ACHD agrees to transfer to City, Parcel 162 (the "Property"), which is described in Exhibit "A" without receipt of financial consideration, by execution of a Quitclaim Deed, a copy of which is attached hereto as Exhibit "B". INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 2 � I 1 B. City agrees to accept the transfer of the Property described in Exhibit "A" from ACHD without payment of financial consideration. C. City and ACHD agree that the Property is transferred "AS IS" and that ACHD does not in any way give any warranties express or implied relating to the Property. D. ACHD shall publish Notice of the general terms of this Agreement a minimum of two (2) times in a newspaper of general circulation in the Idaho Statesman in accordance with Idaho Code § 67-2323, and such Notice shall give the time and place of the next regular or special meeting of each respective unit at which time the governing board of such unit proposes to consider this Agreement. E. Pursuant to Idaho Code § 67-2324, the transfer is contingent upon both the City and ACHD's governing boards' approval of the terms of this Agreement by two thirds vote of their members. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above A ATTE T: C.Jay Cokj, Meridian City Clerk CITY OF Tammy dP� rd, Mayor INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 3 ADA COUNTY HIGHWAY DISTRICT ATTEST: 7 Bru 1�1�on�, it or INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 4 Exhibit "A" Vacation to City of Meridian A parcel of land situated in Government Lot 4 of Section 7, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, More particularly described as follows: COMMENCING at a brass cap monument marking the northwest corner of Government Lot 4 of said Section 7 from which a brass cap monument marking the northeast corner of Government Lot 3 of said Section 7 bears N 89°35'34" E a distance of 2404.56 feet; Thence along the north line of said Government Lot 7, N 89°35'34" E a distance of 749.12 feet to a point; Thence leaving said north line, S 1024'26" E a distance of 62.00 feet to a'/z inch rebar on the northerly boundary of the parcel shown on Record of Survey Number 793 filed as Instrument Number 8548978, Official Records, Ada County, which depicts the Idaho State Highway System land no longer needed and abandoned to the adjacent owner described in the Official Minutes of the Idaho Transportation Board recorded as Instrument Number 8239581, Official Records, Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along a line parallel with and measuring 62.00 feet south of the north line of said Government Lot 4, S 88°35'34" W a distance of 165.30 feet to a 5/8 inch rebar; Thence S 45°33'29" W a distance of 21.57 feet to a 5/8 inch rebar; Thence S 00'09'17" E a distance of 15.89 feet to a 5/8 inch rebar; Thence S 88'15'16" W a distance of 4.56 feet to a 5/8 inch rebar; Thence S 00'33'14' W a distance of 164.13 feet to a 5/8 inch rebar; Thence S 89°48' 16" E a distance of 11.23 feet to a'/z inch rebar on the westerly boundary of the parcel shown on said Record of Survey; Thence along said westerly boundary N 4°32'23" E a distance of 27.37 feet (formerly N 5°08'00" E, 27.23 feet) to a'/z inch rebar and the beginning of a curve, concave southeasterly, having a radius of 190.02 feet, a central angle of 79'59'12" and a long chord bearing N 45°12'51" E a distance of 244.25 feet (formerly Radius = 190,00, Central Angle = 80'11'18", LC = N45'13'39" E, 244.74 feet); Thence northeasterly, along the arc of said curve, 265.27 feet (formerly 265.91 feet) to the POINT OF BEGINNING. Said parcel contains 9270 square feet (0.213 acre) and is subject to any easements of record or in use. Prepared by: Brandon Johnson, PLS Ada County Highway District March 15, 2016 J N O MERIDIAN ROAD T3N, R1 W N T3N, R1 E ` a, MAIN STREET - - N �- o bo cn lc rTj J 500'33'14"W 164.13' m w r -i • Iw----ar----"n'----Iw--- 0 • N Z J O Y Z w� J N —1 _ I N 0 i W wom Dm0 I t m O= n�ym oOm� rn W IC4 0 ii 11 it p0om yon it N v �Ncno Ioo N Ii JANE? Ln Z� N W E5 Cn Cl I CA N I� 1� m N I `Q o D O_ C� Z "I M O m r D ul m Orn G) mp z C -n 0 D z z N (� G) m W n O 62 I 1 1 I ISI UBW --I f- Y Z —1 _ _0 z 0 W m = C wom Dm0 Z �Z O= n�ym oOm� �� W r p0om yon 0m -n K cn Cn E5 z- Resolution No. 2161 T3N, R1 E, Sec. 7 QUITCLAIM DEED CONVEYING PUBLIC RIGHT OF WAY THIS INDENTURE, made this day of , 2016, Ada County Highway District, a body politic and corporate of the State of Idaho, the "GRANTOR", and The City of Meridian, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, GRANTOR does by 1 se presents convey, remise, release and forever quitclaim unto GRANTEE all rig h ti nd interest of GRANTOR in the real property situated in the COUNTY OF STATE OF IDAHO, as more particularly described on Exhibit "A" attached h this reference made a part hereof (hereinafter the "Right -of -Way"). SUBJECT TO easements of the public right-of-way which rights of this Indenture (for sewer, gas, v electrical and telephone lines and licenses for telecommunications41T of this Indenture. GRANTEE is such pipelines, lines andd itchs Drd�st Aory rights of utilities and districts to be in bein a ised in the Right -of -Way as of the date pelines and their appurtenances, for ani at�and drainage ditches), and subject to in place in the Right -of -Way as of the date 11 . for costs of any relocation or replacement of TO HAVE AND LD fl�e same unto the GRANTEE and to Its successors and assigns forever. The current address of GRANTEE is: City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Page 1 of 2 Version: 5120108 IN WITNESS WHEREOF, this Quitclaim Deed has been duly executed by and on behalf of GRANTOR this day of , 2016. Attest: Bruce S. Wong, Director State of Idaho ) ss. County of Ada ) On this day of personally appeared Ker Board of Commissioned or identified to me to b executed this instrument ADA COUNTY HIGHWAY DISTRICT Z Kent Goldthorpe, President . X � r. , in the year 2016, before me, N ipNotary Public in and for the State of Idaho, kn n or identified to me to be the President of the my Highway District, and Bruce S. Wong, known 11 Jf the Ada County Highway District, the persons who said Highway District for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above -written. Notary Public for the State of Idaho Residing at , Idaho My Commission expires: Page 2 of 2 Version: 5120108 November 07, 2016 City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Attention; Emily Kane Kent Goldthorpe, President Paul Woods, Vice President Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim D. Hansen, Commissioner Re; Resolution Number 2161 - Consenting to a Real Property Transfer Agreement between the City of Meridian and ACHD, and accepting a Quitclaim Deed for the transfer of the ACHD property proposed portion of right-of-way located at the southeast corner of Main Street and Fairview Avenue to the City of Meridian. Dear Ms. Kane Attached you will find the Documents for signature pertaining to your vacation in preparation for the proposed Main Street and Fairview Avenue to the City of Meridian.. On Wednesday November 2nd, 2016 at 12 pm, the matter was heard, in the ACHD auditorium, 3775 Adams Street, Garden City, Idaho 83714, this item was considered on the Consent Agenda for adoption of Resolution Number 2161. The purpose of this notification is to inform you of the status, The Consent Staff Report is provided for retention in your files. The Public Hearing for final approval of the vacation was approved. The following documents are attached. 1. Original, Interagency Agreement for Real Property Transfer, signed by, Bruce S. Wong, Director and Kent Goldthorpe, President. ( This document needs signatures from, City of Meridian, Tammy de Weerd, Mayor and C. Jay Coles, City of Meridian). Please sign and return. 2. Copy of the Resolution No. 2161, for your records. ( original to be recorded on 11-7-2016). 3. Copy of the Quitclaim Deed, (Original to be recorded after your Nov. 9th, 2016 meeting for approval). 4. Copies of the Resolution no. 2155 and Quitclaim Deed for resolution no. 2155, retain for your records. Please call me if you have any questions, 208-387-6266 Sincerely, ADA COUNTY HIGIVAY DISTRICT Sue Linthicum Right -of -Way Technician Haa county riignway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Legal Department Legal Department: Discussion of Regulation of Short Term Rental Properties 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 11/9/2016 Affected Property Owners Planning Department Neighbors Building Department Community Legal Department Fre Department Code Enforcement City Clerk's office i • �J• A JJ JJq Map showing 138 VRBO rentals in Boise Enforcement Tools = Consider all rentals less than 31 days in duration as "hotels." (ISC 67-4711 and MCC 11-4-3-23) Create a licensing mechanism to allow the use; or Create a CUP process to allow the use; or Classify as a home occupancy business; or Prohibit the use 11/9/2016 2 Pros Limits the use in some neighborhoods Protects the character of existing neighborhoods Prevents issues from becoming problems in the future Cons Problem is undefined at this time Resources (personnel) will be needed for regulatory means Code Enforcement Clerk's Staff Planning Staff Pros and Cons Pros Limits the use in some neighborhoods Protects the character of existing neighborhoods Prevents issues from becoming problems in the future Cons Problem is undefined at this time Resources (personnel) will be needed for regulatory means Code Enforcement Clerk's Staff Planning Staff Monitor the Meridian Community at this time; and Monitor the national trends; and Document issues as they arise; and Check in with HOA's through the existing outreach program's that exist; and Reconvene in 6 months with the internal group to determine if things have changed. 11/9/2016 3 Staff Recommendation Monitor the Meridian Community at this time; and Monitor the national trends; and Document issues as they arise; and Check in with HOA's through the existing outreach program's that exist; and Reconvene in 6 months with the internal group to determine if things have changed. 11/9/2016 3 SHORT TERM RENTALS (VRBO & Airbnb) ARE REALLY HOTELS/MOTELS IN DISQUISE "So imagine you have just bought your dream home, right here in this nice subdivision. It took every penny you had. You worked hard; you turned it into a beautiful home for you and your family. You have dreamed of getting to know your neighbors. Having neighbors that are enjoying the single family life style, you can have dinners with, your neighbors who share the same values with kids playing together outside, neighbors who share the same values of a community. Next door neighbors, who can get your mail, check on your home when you are on vacation." "Here comes the VRBO and Airbnb the house right next door to you now is rented out three or four night minimum stay, also weekly and monthly. They do not care one bit about your neighborhood those that stay for a short period of time and the owners of these VRBO and Airbnb. So what can you do because of this unfair and is per zoning code illegal? What do you do to you sell your dream home because you do not want to live next door to a hotel, motel in your single family residential zone?" Single family homes are being bought up not only by a single person but also by Real-estate agents to use as a business for short term rentals. One real-estate agent owns 8 out of 103 VRBO 8-15-2016 short term rentals in Meridian, Id and more than one in each subdivision. These homes are located in the zoning for single family homes and not commercial zoned. Therefore short term rentals are not legal in the R-2, R-4 etc. Normally homes and apartments are not considered Hotels/Motels because they usually have a lease of at least six months to a year. Short term rentals are nothing more than a Hotel/Motel operating in a single family zone. Compare Hotel, Motel, extended stays residential short term & residential leased homes: Extended Residential stay short term Residential Amenities Hotel/Motel hotel/motel VRBO lease Full Kitchen, all appliances NO YES YES NO Refrigerator YES YES Refrigerator NO Microwave and coffee pot YES YES YES NO Cooking utensils NO YES YES NO All utilities paid for YES YES YES NO Outdoor grill YES YES YES NO Fully furnished YES YES YES NO Hair dryer YES YES YES NO Laundry facilities provided YES YES YES NO Communal pool YES YES YES YES Play Ground YES/NO YES/NO YES/NO YES/NO Bedding, towels, linens provided YES YES YES NO TV small and 50 inch YES YES YES NO DVD Player YES YES YES NO Page 11 Compare Hotel, Motel, extended stays residential short term & residential leased homes: As you see the comparison there is no difference between Hotel/Motel, extended stay hotel and the (vrbo) residential short term rental. All are transient occupancy which makes them all a hotel. If the short term rentals are required to pay sales tax, travel and convention tax , room tax or any other taxes as is required of a Hotel/Motel then how can you claim a short term rental in a residential zone is not a Hotel/Motel? Thus short term rentals are operating illegally in R-2, R-4 residential zone per Idaho zoning plans. I can see why Sen. Jim Rice, R -Caldwell pushed for the HB 511 it was backed by Idaho Association of Realtors. I have documented ten VRBO out of the 103 VRBO in Meridian nine of those are owned by Realtors that I have found so far. Quote: "If it walks like a duck, smells like a duck, quacks like a duck then it is a duck." So if short term rentals looks like Hotels, smells like a hotel has all the amenities as a hotel then short term rentals (VRBO, Airbnb) are Hotels operating in a residential zone. ILLEGAL USE OF SHORT TERM RENTALS WHICH ARE TRANSIENT OCCUPANCY IN R-2, R-4, R-8, TN -R Page 12 Extended Residential stay short term Residential Amenities Hotel/Motel hotel/motel VRBO lease Wi-Fi YES YES YES NO Parking YES YES YES YES Close to attractions YES YES YES YES Nightly accommodations YES YES YES NO 2 or 3 minimum night's stay NO NO YES NO Weekly stay YES YES YES NO NO, LEASE Monthly stay YES YES YES REQUIRED Event stay YES YES YES NO Cleaning service YES YES YES NO Security Deposit NO NO YES YES YES ON CLEANING 6% sales tax YES YES FEES NO 2% travel and Convention tax YES YES ? NO Auditorium District Tax. YES YES ? NO Room tax YES YES ? NO Transient occupancy YES YES ? NO As you see the comparison there is no difference between Hotel/Motel, extended stay hotel and the (vrbo) residential short term rental. All are transient occupancy which makes them all a hotel. If the short term rentals are required to pay sales tax, travel and convention tax , room tax or any other taxes as is required of a Hotel/Motel then how can you claim a short term rental in a residential zone is not a Hotel/Motel? Thus short term rentals are operating illegally in R-2, R-4 residential zone per Idaho zoning plans. I can see why Sen. Jim Rice, R -Caldwell pushed for the HB 511 it was backed by Idaho Association of Realtors. I have documented ten VRBO out of the 103 VRBO in Meridian nine of those are owned by Realtors that I have found so far. Quote: "If it walks like a duck, smells like a duck, quacks like a duck then it is a duck." So if short term rentals looks like Hotels, smells like a hotel has all the amenities as a hotel then short term rentals (VRBO, Airbnb) are Hotels operating in a residential zone. ILLEGAL USE OF SHORT TERM RENTALS WHICH ARE TRANSIENT OCCUPANCY IN R-2, R-4, R-8, TN -R Page 12 The future land for City Wide Map shows the areas that are zones for each zoning use Low Density residential in pale green and Medium Density residential in yellow. Commercial zoning is in Red for Hotels/Motels etc. Comprehensive Plan overview of the City of Meridian printed sheet and a 116 report on checklist for Comprehensive plan policy related to land use changes. "Preserve private property rights and values by enforcing regulations that will prevent and mitigate against incompatible and detrimental neighboring uses" decisions" Taken from page four. "Consider City Master Plans and Strategic Plans in all land use VRBO are not governed by any overlay zones, and not a specially zone area. Nothing in the zoning information for the City of Meridian permits short term rentals and/or transient occupancy except in the Commercial designations zoning C -N, C -C, and C -G. Nothing shows where a short-term rentals, bed and breakfasts, boarding houses, transient occupancy, hotels and hostels are allowed in Low, Medium and High Density zoning. Short-term rentals, bed and breakfasts, boarding houses, transient occupancy, hotels and hostels are allowed in Commercial designation zoning. This is not a property right issue it is a zoning issue. "These websites VRBO and Airbnb claim that home owners should have the right to do whatever they want with their property — but that's a fallacy. When someone has purchased in a single-family or multifamily zone, they have accepted the rules of that zoning. They do not have the right to turn their home into a motel (transient zoning), a restaurant, or a factory to the detriment of everyone else in that zone." "There's a good reason every city has zoning laws. They separate various types of buildings and building uses for the mutual benefit of everyone, so people don't have to live next to a factory or a motel. Most cities also have laws related to the minimum rental period for a single family house or a multifamily dwelling. In Los Angeles, for example, a residential rental of less than 30 days — called a "short-term rental." "Washington D.C., Denver, Seattle, New York City, New Orleans and others have come to the agreement that short term rentals are illegal in residential zones. Kauai has a minimum six months lease on all properties that are not in a resort zone to protecting the single family live style. Case No: 14UO1792 June 18, 2014 Superior court of the State of California County of Los Angeles, West District. Judgement Short term rentals are illegal in residential zones. All the above States, Cities have said that short term rentals are illegal in residential zones. How does short term rentals (VRBO & Airbnb) disrupt the single family residential life style: VRBO & Airbnb are directly opposed to the interests of the neighboring homeowners, who are negatively affected (quality of life, property value) by having what are basically commercial enterprises next door. Page 13 "The idea of neighborhoods, are people who own their homes interact with other people who have the same interests. This does not happen when their interest is in quick short-term rentals made to people who have not real interest in those communities. "It has been said "that when you look at the numbers, something like 90 percent of the income earned in the Airbnb and probably VRBO market goes to commercial developers and real estate movers and shakers." "The proponents all make bucks via Airbnb and they like it that way." What is at stake is the very character of the different neighborhoods in our City ... the unique areas that make Meridian, Idaho what it is. "Full-time residents never know who might be going in and out of these "hotels", therefore, making it difficult to determine if there is suspicious activity on their blocks. Late-night arrivals and undue noise from parties are also among the complaints. These may sound like minor problems, but who can blame the regular residents when their rights under city zoning laws are being violated and their concerns are ignored. When they purchased or leased their homes, they assumed the properties were located in residential neighborhoods, not on Airbnb Boulevard or VRBO Boulevard." These mini -hotels in residential neighborhoods go against the intent of residential zones and need to be eliminated. They are being operated as businesses, and should be treated as such. Are short-term rentals businesses or are they something else? If they're businesses, the city has regulations about them in residential neighborhoods. If they're hotels, they should abide by the same health and safety regulations. If Idaho "is going to legalize short term rentals what are, in effect, hotels in residential neighborhoods, the City/State should enforce the fire code, health, safety, insurance, and labor laws applicable to hotels. The rules should be the same -both for the protection of quests and to level the playing field out of fairness to competing businesses." The properties should carry commercial liability insurance, and undergo regular inspections. I understand that Cities do not regulate rentals but each city does have zoning laws, landlord and tenant rights and Cities do regulate zoning laws. "Enforce the existing laws!" Idaho has on the books laws that tell you what can be done in each zone all you have to do is enforce the current zoning laws. "Threatening the destruction of the character and safety and cohesiveness of the single family neighborhood that has meant something since the beginning of urban zoning is not the answer. Idaho has Title 67 Chapter 47, (5) and Title 67 chapter 49 67-4917B. Rental for less than 30 days is a Hotel/Motel transient occupancy. Office of the Attorney General Landlord and Tenant Guidelines is a book that regulates rentals. HUD.GOV Tenant rights, Laws and Protections: Idaho. Are these not regulating rentals? In Idaho Our code definition for hotel/motel points us to Idaho code 67-4711 where it states, ""Hotel/Motel" means an establishment which provides lodging to members of the public for a fee, and shall include condominiums, townhouses or any other establishment which makes a sale as Page 14 herein defined... "Sale" means the renting of a place to sleep, to an individual by a hotel, motel, or campground for a period of less than thirty-one (31) continuous days. "Sale" shall not include the renting of a place to sleep to an individual by the Idaho Ronald McDonald House." understand if the short term rentals make noise call code enforcement just like you would do on any other property. Problem is this is a transient occupancy. You could be calling very three days, where if it was long term once you call usually the owners will be good because they are living at that property long term Rental housing shortages do exists. Google VRBO in Meridian Idaho on 8-10-2016 there were 103 VRBO in Meridian -Boise. Today Sept. 9, 2016 we have 106 on VRBO Meridian- Boise area. Then Google houses for rent and only 36 houses showed up. Short term rentals create a shortage of long term leasing rentals and thus drive up the prices of rent for the few that are for rent. 103 houses that could be rented for long term are only offered as VRBO . In the supreme court of the state of Idaho Docket No. 42192, Boise, June 2015 Term, 2015 Opinion No. 57 Field: June 22, 2015, Stephen W. Kenyon, Clerk I understand that it will take some resources to control these short term rentals and where are these resources coming from and how to control short term rentals in a Residential zone. You already have code enforcers, and right now there are eight short term rentals in Meridian. Easy to find them on VRBO website and contacting the owners by sending them a letter to stop short term rentals, if you see the listing still in VRBO then sending out another letter and taking them to court, like you would do if they did not cut the weeds etc. Thank you for taking the time to read this letter. From a person who does not want to live next door to a hotel/motel in a residential zone. Please protect the single family life style in our Residential zones. Please protect our kids; family from living next door to a transit occupancy life style in a 30 month at three night's iminium stay you could have 10 different sets of rents next door to your home. Would you want to live next door to a transient occupancy short term rental? Louise Redd 2343 E. Sidewinder Dr., Meridian, Id 83646 Page 15 11/9/2016 VRBO - Meridian Vacation Rentals Meridian, ID, USA Arrival Depart Guests It Search Sort by: _ VRBO Sort I Price: Any Booking type: Edit 1 More filters: Add+ Meridian (148 rentals) 90 Home USA > Idaho > Meridian _ ..-... _. .. .................... ..__..__.._.._ ..._. .._..._-......_...,... -.._......... _........_... i/ Sunny Boise House Close to Bsu Campus and $125 �A Expand map Downtown avgmight #856917 1 night min stay < 3 BR 2 BA Sleeps 6 Book now is 7i 5 Lade Owner Operated __... .. ................_.._..........__._.._..._....._...._ __..._.._._._ ...........__......._.._ .......... ..........._ — Fully Updated Large Private Town Home Close to $126 Everything Boise! avg/night { #788133 2 night min stay Ci o v u d 3 BR 2 BA Sleeps 8 Book now NirSzicds;tn t 9 Owner Operated } Walk to Downtown/Bsu from This Charming $66 Cottage - Perfect for a Couple! avgmight #855230 1.5 night min stay 1 BR 1 BA Sleeps 2 Book now"tap Got uapoifarr,e(: rra+ 29 Newly Renovated, Four Masters, Walking Distance $409 to Downtown! avg/night #741584 2-3 night min stay 5 BR 4.5 BA Sleeps 10 ! Book now 36 Frequently Booked Charming Unit Blocks from Hyde Park and Camel's $77 Back Park with 4 Shared Bikes! avg/night #781492 1-3 night min stay > 1 BR 1 BA Sleeps 4 Book now X19 Feedback( https://www.vrbo. com/vacation-rental s/usafii daho/meridian 1/8 Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Clerk's Office Clerk's Office: Updates to the Animal Control Code and Dog License Vendor Agreements 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 Draft – November 9, 2016 6-2-3: CITY OF MERIDIAN DOG LICENSE: A. Dog License Required: 1. Each dog owner living in or visiting Meridian for thirty (30) days or longer shall obtain a city of Meridian dog license for each dog that is owned by such person and that is more than six (6) months of age. 2. Application for a city of Meridian dog license shall be made to the city clerk, Meridian police department, or licensing designee duly authorized by the city as set forth in this chapter. Such application shall include the following: a. A completed application form, which form shall include the name, physical address, mailing address, and telephone number of dog owner and a description of dog to be licensed; b. A valid rabies vaccination certificate issued by a licensed veterinarian within the previous year for a dog that was less than one year old when vaccinated; or within the previous three (3) years for a dog that was one or more years old when vaccinated; c. A valid spay or neuter certification, if applicable; and d. Applicable dog license fee per fee schedule. Where the fee schedule provides for a lower license fee for a spayed or neutered dog, the city or its licensing designee shall allow the payment of the lower license fee only upon the dog owner's presentation of a certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society. License fees shall be waived for: 1) The owner of any dog used by a visually impaired, hearing impaired, or disabled person and used as a seeing eye dog, hearing ear dog, or service dog shall not be required to pay a license fee. The city or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of certification of the dog owner's visual or hearing impairment or disability by a licensed medical doctor. 2) The owner of any dog in training to serve as a seeing eye dog, hearing ear dog, or guide dog shall not be required to pay a license fee. The city or its licensing designee shall allow this exception to the license fee only upon the dog owner's presentation of proof that such dog is in training for such purpose. 3) Any dog owned by a public entity or public agency. 3. The city clerk, Meridian police department, or licensing designee shall issue a dog license tag within two (2) working days of receipt of complete application materials and fees. B. Annual Licensing Required: All city of Meridian dog licenses shall be valid only in the calendar year issued and shall expire December 31 of that year. for one (1) year from date of issuance. C. Lost Dog License Tag: The city or its licensing designee shall reissue a lost dog license tag upon payment of lost dog tag fee as set forth in fee schedule and verification that the license tag sought to be replaced is a current and valid city of Meridian dog license, which verification shall be made by reference to the official log(s) of the city or its licensing designee(s). Draft – November 9, 2016 D. Dog Licensing Designees: In order to facilitate the licensing of dogs within the city of Meridian, the city may enter into agreements with the Idaho Humane Society, veterinarians, or vendors of pet products doing business within the city of Meridian authorizing such licensing designee to issue city of Meridian dog licenses on behalf of the city, except that no licensing designee shall be authorized to issue vicious dog licenses. 6-2-8: PROHIBITED ACTS: A court sentencing a person for a violation of this chapter may assess court costs in addition to the fines and penalties set forth herein. A. Barking Dog: It shall be unlawful for any dog owner to permit a dog owned by such person to carry on excessive, continuous or untimely barking or noise. A violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00). B. Cruelty To Animals: C. Damage To Property: It shall be unlawful for any person owning any animal to cause or allow such animal to damage private or public property without the consent of the property's owner. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. D. Dog At Large In Public Place: Except as otherwise allowed by law, it shall be unlawful for any dog owner to allow or cause any dog owned by such person to be or remain in any public place, unless such dog is controlled by a leash not exceeding six feet (6') in length. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute an infraction punishable by a fine of one hundred dollars ($100.00). The animal control officer may seize and impound any dog found in violation of this subsection. E. Dog At Large On Private Premises: It shall be unlawful for any dog owner to allow or cause such dog to be or remain upon any private premises without the consent of the person in possession of such premises. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any dog found in violation of this subsection. F. Dog Attacking Or Biting: Any owner of a dog which, when unprovoked, attacks or bites another person or other domestic animal upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the biting dog, shall be guilty of a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days' jail. The animal control officer may seize and impound any dog found in violation Draft – November 9, 2016 of this subsection. Where a dog seized pursuant to this provision shows any symptom of rabies or has not been vaccinated for rabies, the animal control officer shall deliver the biting animal to the Idaho Humane Society or to a licensed veterinarian for examination for rabies, and all related costs of such examination shall be paid by the dog owner upon demand from city. Such examination may include, at the discretion of the Idaho Humane Society or veterinarian to whom the biting dog is surrendered, a period of quarantine, confinement, and/or impoundment. If such biting dog is determined to be free of rabies, the dog shall be returned to the owner upon payment to the Idaho Humane Society or licensed veterinarian who examined such animal of all related fees and/or costs. If such biting dog is determined to be afflicted with rabies, the biting dog shall be euthanized according to the provisions of this chapter. G. Dog Rushing: It shall be unlawful for any owner of a dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, any public grounds or places, or private property not owned or possessed by the owner of the dog. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. H. Failure To Display Dog License Tag: It shall be unlawful for any dog owner to fail to cause any licensed dog owned by such person to wear, at all times, a durable, secure collar bearing a valid city of Meridian dog license tag. Production of proof that such dog is licensed shall be an affirmative defense to a charge of violation of this subsection. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). I. Failure To License Dog: It shall be unlawful for any dog owner to fail to obtain a city of Meridian dog license for any dog owned by such person. It shall be an affirmative defense to a charge of violation of this subsection that such dog is six (6) months of age or younger. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A person's first violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). A person's second violation of this subsection shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. J. Failure To Update Dog Owner Contact Information: It shall be unlawful for any dog owner to fail to provide to the city clerk's office or Meridian police department updated contact information where there is a change in such dog owner's physical address, mailing address, and/or telephone number registered with any city of Meridian dog license. A violation of this subsection shall constitute an infraction punishable by a fine of ten dollars ($10.00). K. Failure to Vaccinate Dog Against Rabies: It shall be unlawful for any dog owner to fail to vaccinate his or her dog against rabies within the first year of the dog’s life. Further, it shall be unlawful for any dog owner to fail to renew his or her dog’s rabies vaccination every three (3) years. Draft – November 9, 2016 K.L. Female Dog In Heat: It shall be unlawful for any owner of a female dog in heat to fail to enclose such female dog in such a manner as to preclude other dogs from attacking or being attracted to such female dog. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. L.M. Fraudulent Display Of Dog License Tag: It shall be unlawful for any dog owner to fail to cause or allow any dog owned by such person to wear a dog license tag issued for another dog, or to wear any imitation of a city of Meridian dog license tag. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. M.N. Harboring Excess Dogs: It shall be unlawful for any person to own; keep, harbor, possess, accept, or maintain custody, control, or care of; or license more than three (3) dogs at any single residence, property, or premises. It shall be an affirmative defense to a charge of violation of this subsection that such dogs comprise a single litter of puppies under six (6) months of age that is kept at a single location with the mother dog. The person raising such affirmative defense shall bear the burden of proof that such defense applies. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. N.O. Harboring Rabid Animal: It shall be unlawful for any person to own, keep, harbor, possess, accept, or maintain custody, control, or care of any animal afflicted with rabies. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The animal control officer may seize and impound any animal found in violation of this subsection. O.P. Harboring Vicious Dog: It shall be unlawful for any person to own a vicious dog in the city of Meridian more than fourteen (14) days following the entry of a final decision that the dog is a vicious dog. Fourteen (14) days following the entry of a final decision that the dog is a vicious dog, such dog may be considered to be contraband, and may be seized pursuant to warrant and euthanized. A violation of this subsection shall constitute a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) and one hundred eighty (180) days jail. Additionally, upon conviction, the court may authorize the animal control officer to seize, impound, and/or euthanize the dog giving rise to the violation. P.Q. Improper Disposal Of Dead Dogs: It shall be unlawful for any person to place or leave any dead dog on public or private property, including premises lawfully owned or possessed by such person. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. Q.R. Interference With Animal Control Officer: It shall be unlawful for any person to hinder or interfere with in any manner an animal control officer who is enforcing any of the provisions of this chapter. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. Draft – November 9, 2016 R.S. Removal Of Dog Feces: It shall be unlawful for any person to fail to promptly remove and dispose of, in a sanitary manner, any and all feces left by a dog owned or being handled by such person on property, public or private, other than the premises of the owner or handler of such dog. A violation of this subsection shall constitute an infraction punishable by a fine of twenty five dollars ($25.00). S.T. Unlawful Reclamation Of Impounded Dog: It shall be unlawful for any person to recover or attempt to recover possession of any impounded dog, in any manner contrary to city policy or the provisions of this chapter. A violation of this subsection shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail. 6-2-9: SEVERABILITY: If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. 2016 2017 DOG LICENSING DESIGNEE AGREEMENT  PAGE 1 OF 7 DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this _______ day of __________________, 20___, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as “CITY,” 33 East Idaho Avenue, Meridian, Idaho 83642, and _____________________________, hereinafter referred to as “LICENSING DESIGNEE,” whose business address is ______________________________. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE’s issuance of dog licenses on CITY’s behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(HD). B. Time of Performance: This agreement shall be effective from January 1, 2016 2017 to December 31, 20162017. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b.a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c.b.Collection of appropriate license fee. 2016 2017 DOG LICENSING DESIGNEE AGREEMENT  PAGE 2 OF 7 2. Rabies education. LICENSING DESIGNEE shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies, as prepared and provided by CITY. 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided by City, and shall keep such written log complete and current at all times. herewith entitled, “MONTHLY LOG – DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]” (hereinafter “monthly log”). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner’s compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) fifty percent (50%) of the amount of each dog license fee collected on CITY’s behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY’s behalf; and b. A true and correct copy of the LICENSING DESIGNEE’s monthly log, completed in full. 2016 2017 DOG LICENSING DESIGNEE AGREEMENT  PAGE 3 OF 7 Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th)tenth (10th) day of the month following the month for which the fees were collected and the monthly log completed. 5. Annual submission to City Clerk: No later than January 15, 2017, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, “ANNUAL REPORT – DOG LICENSES ISSUED BY LICENSING DESIGNEE.” 6.5.Remission of discrepancy: If, following the Meridian City Clerk’s monthly and/or annual review and accounting of LICENSING DESIGNEE’s issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE’s obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE’s assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide dog license tags to LICENSING DESIGNEE ______ 2. Quantity dog license tags with the following serial numbers: ______________________________, which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE’s verification of compliance with all provisions of Meridian City Code section 6-2-3. 3.1.Monthly accounting: Upon LICENSING DESIGNEE’s monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee’s log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing 2016 2017 DOG LICENSING DESIGNEE AGREEMENT  PAGE 4 OF 7 and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 4.2.Annual accounting: Upon LICENSING DESIGNEE’s remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE’s annual report, tThe Meridian City Clerk shall conduct an accounting annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee’s logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G.F. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. G. Hold Harmless: In all matters pertaining to this Agreement, LICENSING DESIGNEE shall save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by LICENSING DESIGNEE, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of CITY or its employees. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to LICENSING DESIGNEE as follows: __________________________________________________________________________. Licensing Designee Name and Address Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys’ fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 2016 2017 DOG LICENSING DESIGNEE AGREEMENT  PAGE 5 OF 7 J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE’S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian 2016 2017 DOG LICENSING DESIGNEE AGREEMENT  PAGE 6 OF 7 City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY’s behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: ____________________________________ Name of Business ____________________________________ Designee’s Signature BY: ______________________________ Print Name CITY OF MERIDIAN BY: ______________________________ TAMMY de WEERD, MAYOR Attest: ___________________________________ 2016 2017 DOG LICENSING DESIGNEE AGREEMENT  PAGE 7 OF 7 CITY CLERK Redemption Fees Ada Countv�� M .,� �, Dog Licensed Unlicensed Altered $15 $40 Unaltered $65 $90 Cat $12.50 Farm Animal $125 Regulations License not required under 6 months Unaltered fee not required under 6 months Eae eCity Dog Licensed Unlicensed Unaltered 1st 1st $15 $40 $50 2nd $25 $65 $75 3rd+ $50 $80 $75 Cat $50 Cat $12.50 6/day $12.50 Regulations Farm Animal Must be current on rabies and provide proo o time limit on Board Impound $5/day 1 $25 Regulations Must be current on rabies and provide proof License not required under 4 months Unaltered fee not required under 6 months Offenses go back 3 years Refund of unaltered fee given if fixed within 45 days Ada Countv�� M .,� �, Dog Licensed Unlicensed Altered $15 $40 Unaltered $65 $90 Cat $12.50 Farm Animal $125 Regulations License not required under 6 months Unaltered fee not required under 6 months Eae eCity Dog 1st 1st 3rd 12nd 3rd + $25 1 $50 $25 $50 $50 Cat No time limit onoffenses 6/day $12.50 Regulations Regulations Must be current on rabies and provide proo o time limit on oftenses 1 Dog $10 Cat $12.50 Regulations Must be current on rabies and provide proof License not required under 6 months Kuna Citu Dog 1st 2nd 3rd Additional Daily Impound Fee (Dog Only) $10 $25 1 $50 Cat $12.50 Regulations Must be current on rabies and provide proof No time limit onoffenses Dog $15 Cat $12.50 Gard'enCrty ;; Dog 1st $15 2nd $25 3rd+ $30 Additional Daily Impound Fee (Dog Only) 10/day All other Animals (including Cat) Board Impound 6/day 1 $20 Regulations Occurrences reset every 6 months License not required under 4 months License Fees ��AdartCcaunty,�- Y Altered $20.50 Unaltered under 1yr $26.50 Unaltered over 1yr $50.50 Senior Altered- 65 years+ $10.75 Replacement $5.00 ��AdartCcaunty,�- Y Altered $17.40 Unaltered $43.60 Senior Altered- 65 years+ $9.75 Replacement $4.00 Altered Altered $10.50 Unaltered $28.00 Senior Altered- 65 years+ $8.00 Senior Unaltered- 65 years+ $20.00 Replacement $1.00 All licenses expire 12/31 After July 1 fees are 1/2 price Garden=Gifu Licenses �� ��° Altered $7.50 Unaltered $12.50 Replacement $2.00 All Licenses Expire 12/31 Altered $10.00 Unaltered $25.00 Senior Altered- 60 years+ $5.00 Late Fee- After February 1 st $5.00 All licenses expire 12/31 Garden=Gifu Licenses �� ��° Altered $7.50 Unaltered $12.50 Replacement $2.00 All Licenses Expire 12/31 Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 7A PROJECT NUMBER: H-2016-0081 ITEM TITLE: Roundtree Subdivision /& - 17 /) A. r finance No. n Urdinance -2U I 6-UU81 Koundtree u ivlsion ot Me Uty o Meridian granting annexation and zoning for a parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated in the Southeast'/4 of the Northeast'/4 of Section 14, the Northeast'/4 of the Southeast'/4 of Section 14, the Southeast'/4 of the Northwest'A of Section 13 and the Northwest'/4 of the Southwest'/4 of Section 13, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and annexing certain lands and Territory, Sltl Intp-H in Ar1r7 C ni inty and Ariinr pnf nnri (-nnflrii ini IC to the (-'nrr)nrnt,- I imik of the MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes C✓i APPROVEU CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-109497 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/10/2016 02:10 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO, i 6 — I BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0081) FOR ANNEXATION AND REZONE OFA PARCEL OF LAND BEING ALL OF LOT 18, VAN HEES SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 12 OF PLATS AT PAGE 688, RECORDS OF ADA COUNTY, IDAHO; A PORTION OF SOUTH LINDER ROAD; AND A PORTION OF WEST WALTMAN STREET; SITUATED IN THE SOUTHEAST 1/4 OF THE NORTHEAST 1/a OF SECTION 14 AND THE NORTHWEST'/ OF THE SOUTHEAST 1/ OF SECTION 14, THE SOUTHWEST 1/ OF THE NORTHWEST 1/ OF SECTION 13; AND THE NORTHWEST 1/ OF THE SOUTHWEST 1/ OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 R-8 (MEDIUM DENSITY RESIDENTIAL) 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. Coley Burton Homes, SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential) 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 — ROUNDTREE PLACE SUBDIVISION - H 2016-0081 Page 1 of 3 SECTION S. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in Rill force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Cleric 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 frill Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the sante 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 Nol)embw , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of mo,yembew, , 2016. �PpRATED,j de WEERD ATTEST: z E Il�f m �a ANS C.J.VY COMS, CITY CLERK ANNEXATION — ROUNDTREE PLACE SUBDIVISION - R 2016-0081 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this q41 day of Nov mlp r , 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. (SEAL) Nl�L •�j �0T-4 4 LIC C�"w U�� NOTARY PUBLIC—FOR IDAHO RESIDING AT: _ MY COMMISSION EXPIRES:3 a� aGb2a ANNEXATION — ROUNDTREE PLACE SUBDIVISION - H 2016-0081 Page 3 of 3 EXHIBIT A Legal Description & Exhibit Map for Annexation Boundary ,J•0.0 FNGINEER5, INC. 1-U-8 COMPANIES Roundtree Place Subdivision Annexation DOSCription Project Number 10.16.064 June 22, 2016 i*2.•.t I un"ou'Uve Nit i�No A parcel of land being all of tot 18, Van Hees$ubd(vision, according to the plat thereof filed in Book 12 of Flats at Page 688, records of Ada County, Idaho; a portion of South tinder Road; and a portion of West Waltman Street: situated In the Southeast 1/4 of the Northeast 1/4 of Section 14, the Northeast 114 of the Southeast 1/4 of Section 14, the Southwest 1/4 of the Northwest 1/4 of Section 13 and the Northwest 1/4 of the Southwest 1/4 of Section 73, Township 3 North, Range 1 West of the iiolse Meridian, Ada County, Idaho and more particularly described as follows: Commencing at found aluminum cap marking the northeast corner of said Section 14from which a 5/8" rebar, marking the southeast corner of the Northeast 1/4 of said Section 14 bears South 00'33'17" West, 7,657.50 feet; Thence from said aturninum cap along the east boundary of said Northeast 1/4 of Section 14, South 00'33'17" West, 2,317.52 feet to the POINT OF BEGINNING; Thence leaving said east boundary, South 89`12'59" East, 25.00 feet to the former east right-of•way tine for South tinder Road; Thence along said former east right-of-way line, South 00'33'1.7" West, 364,88 feet along a line parallel to and 25 feet east of the east boundary of said of Section 14 to the extension of the centerline of West Waltman Street; Thence along said centerline and extension thereof, North 89"12'41" West, 688.88 feet to the extension of the west boundary of said Van Hees Subdivision; Thence along said west boundary and the extetislon thereof, North 00'33'48" East, 364.82 feet to the south boundary of Tapestry Subdivision, according to the plat thereof filed in Book 99 of Plats at Page 12606 thru 3.2608; Thence along said south boundary and the extension thereof, South 89'1.2'59",Fast; 664,82 feet to the POINT OF BEGINNING. Said parcel contains 251,890 square feet or 5.78 acres, more or less. End of Description,eIxLJj} Page 1 of 1�,- a 250 S. Beechwood Avenue, Suite 202 Boile 10 837439 p 208-376.7330 20&-323.933fi it tivwitjub.cam Roundtree Place Subdivision H-2016-0081 fit C*) m fg EXHIBIT B NW33'WE .364.82' x m M Co ;o SO(r33'17*W ;u 8dd`3'17ii' 339.88' 2317.62' 500*33'17"'W 304.88o EXHIBIT B NW33'WE .364.82' x m M Co 10 m SO(r33'17*W 8dd`3'17ii' 339.88' 2317.62' 500*33'17"'W 304.88o EXHIBIT B NW33'WE .364.82' x m M Co Roiindtree Place Subdivision H-2016-0081 SO(r33'17*W 8dd`3'17ii' 339.88' 2317.62' 500*33'17"'W 304.88o oo x z z D Roiindtree Place Subdivision H-2016-0081 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- 171 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being all of Lot 18, Van Hees Subdivision, according to the plat thereof filed in Book 12 of Plats at Page 688, records of Ada County, Idaho; a portion of South Linder Road; and a portion of West Waltman Street; situated in the Southeast '/a of the Northeast'/4 of Section 14, the Northeast 1/4 of the Southeast 1/4 of Section 14, the Southeast 1/4 of the Northwest 1/4 of Section 13 and the Northwest 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 5.78 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. 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 on the 1 L day of ND U&-,) 6 ell - 2016. /r , 2016. Cit�-of MMdian Mayor and City Council By: C.Jay Coles, City Clerk Go0o�,JeoAUG" lr City of E IDIAN lDAN® SEALnL 40 fAr 7AEAg� First Reading: l/Z V do(� 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- 17 // 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--)70 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 f day ofX1,0 0601A &L, 2016. C,) La � P William, L.M. Nary City Attorney ORDINANCE SUMMARY - ROUNDTREE PLACE SUBDIVISION - H-2016-0081 Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 7B PROJECT NUMBER: H-2016-0076 ITEM TITLE: Little Creek Subdivision 16— 17P - B. Ordinance No. : An Ordinance (H-2016-0076 Little Creek Subdivision) of the City of Meridian Granting Annexation and Zoning for a Portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) Situated in the Northwest quarter of Section 8, Township 3 North, Range 1 East, Boise, Ada County, Idaho; 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 frnm RI IT to P -d() IHinh-nPncity Ppciri-nfinl) Ndrirt in the MAririinn (-ifv (-nHt-- Prnvirlinn 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 ADA COUNTY RECORDER Christopher D. Rich 2016-109495 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/10/2016 02:10 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. /6 -1 -70 - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0076) FOR ANNEXATION AND REZONE OF A PORTION OF PLEASANT VALLEY SUBDIVISION (BOOK 12 OF PLATS AT PAGE 665, RECORDS OF ADA COUNTY, IDAHO) SITUATED IN THE NORTHWEST QUARTER OF SECTION 8, 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 R-40 (HIGH DENSITY RESIDENTIAL) 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: A Perspective, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-40 (High Density Residential) 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. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — LI'T'TLE CREEK SUBDIVISION - H 2016-0076 Page I of 3 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 fiill force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Cleric 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 leap 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 Rill Council, the dile requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of /0 VelI be4' , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of A10Vem6@1' , 2016. ATTEST: C. AY CO + S, CITY CLERK MAYOR T c 'WEE_RD ~ ' V f''l Y m t u <a ANNEXATION — LITTLE CREEK SUBDIVISION - H 2016-0076 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this O'�h day 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. Orw-bffu NOTARY PUBLIC FOR IIYAHO RESIDING AT: j MY COMMISSION EXPIRES: 3 •a 8 'A as a ANNEXATION — LITTLE CREEK SUBDIVISION - H 2016-0076 Page 3 of 3 Legal Description • 7_7:� ,t•u.a ENGINRERs, INC— EXHIBIT A, Little Creek Subdivision Annexation Boundary Description Project Number10-35.224 Julys 2016 A portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) situated in the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest corner of Section S, Township 3 North, Range 1 East, Boise Meridian, and the northwest corner of Pleasant Valley Subdivision; Thence SOO'26'22°W, 454.99 feet along the west line of the northwest quarter and the west boundary of Pleasant Valley Subdivision to the intersection with the centeritne of East Wilson Lane, the POINT OF BEGINNING: Thence S89°59'19"E, 1038,24 feet alongthe centerline of East Wilson Lane to the west boundary of Lot 7 of Pleasant Valley Subdivision; Thence 500026'35"W, 1014.79 feet alongthe west boundary of Lot 7 of Pleasant Valley Subdivision, the east boundary of Lot 20 of Pleasant Valley Subdivision, and the west boundary of Paddington Subdivision (Book 86 of Plats at Page: 9631 through 9634, records of Ada County, Idaho) to the south boundary of Pleasant Valley Subdivision; Thence N65'20'40"W, 295.71 feet along the south boundary of Pleasant Valley Subdivision; Thence N55°25'16"W, 314,50 feet along the south boundary of Pleasant Valley Subdivision; Thence N55'36'16"W, 612.62 feet along the south boundary of Pleasant Valley Subd€vision to the southwest corner of Pleasant Valley Subdivision and the west line of the northwest quarter; Thence NOO'26'22"E, 367.05 feet along the west line of the northwest quarter and the west boundary of Pleasant Valley Subdivision to the POINT OF BEGINNING. The above-described parcel contains 17.00 acres, more or less. OF < Page 1 of I a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83109 p 208-376-7330 f 208-323.9336 w www.lub.com_ Little Creek Subdivision H-2016-0076 EXHIBIT B Little Creek Subdivision H-2016-0076 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- j7 /:� PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a portion of Pleasant Valley Subdivision (Book 12 of Plats at Page 665, records of Ada County, Idaho) situated in the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 17.00 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. 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 on the AL day of 1,/0ueny PN )200. . City of McWdian Mayor and City Council By: C.Jay Coles, City Cleric �Q0 1p,'S�D AUGU�l G� 1� 4 City O{ E IDIAN*-- IDAHO a ccam! p q V F �P l/ T6g0�theTR@P6010 First Reading: Adopted after first r ading 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- /-71-)- The %1a- 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--7 �- _ 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 /b day of 1e , 2016. r William. L.M. Nary City Attorney ORDINANCE SUMMARY - LITTLE CREEK SUBDIVISION - H-2016-0076 Meridian City Council Meeting DATE: November 9, 2016 ITEM NUMBER: 8 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 Event Dates for Your Calendar! Veterans Day Ceremony Friday, November 11 11:00 am Rock of Honor — Kleiner Park Holiday Classic Volleyball Tournament Saturday, November 12 8:00 am — 10:00 pm (approximate) Meridian Homecourt Tully Park Outdoor Gym Ribbon Cutting Monday, November 14 4:00 pm Tully Park (by children's playground) Santa's Mailbox at Meridian City Hall Accepting Children's Letters to Santa November 23 — December 18 All letters will a legible return address will receive a reply! Meridian City Hall Christmas Bazaar Thursday, December 1 9:00 am — 3:00 pm Meridian City Hall (All vendor spaces have already been filled!) Christmas at the Little Free Library December 1 — 31 The Little Free Library in Meridian City Hall's Outdoor Plaza will be filled with all Christmas and winter -themed books for the month of December. Winter Lights 3/a Mile Fun Run & Ugly Sweater 5K Friday, December 2 6:15 am Starting Points: Storey Park/ The Pulse Fitness & Running Shop $5 (Registration Required!) Meridian's Winter Light Parade & Christmas Tree Lighting Friday, December 2 6:30 pm Main Street / Generations Plaza Coffee with the Mayor 8:00 — 9:30 am Frankie's Java — Downtown Meridian