Loading...
HomeMy WebLinkAbout2021-06-15 Special Meeting CITY COUNCIL SPECIAL MEETING \[AMENDED\] City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, June 15, 2021 at 8:30 AM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted Motion to adopt the agenda as published made by Councilman Hoaglun, Seconded by Councilman Borton. All ayes. CONSENT AGENDA \[Action Item\] Approved Motion to approve the consent agenda made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the June 1, 2021 City Council Work Session 2. Approve Minutes of the June 1, 2021 City Council Regular Meeting 3. Delano Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 4. Delano Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 5. Dovetail Subdivision Sanitary Sewer and Water Main Easement No. 2 6. Final Plat for Midgrove Plaza (FP-2021-0033) by Rodney Evans + Partners, PLLC, Located at 1450 E. Franklin Rd. 7. Findings of Fact, Conclusions of Law for Artemisia Subdivision (H-2021-0014) by Engineering Solutions, LLP, Located at 1690 W. Overland Rd. 8. Findings of Fact, Conclusions of Law for Linder Village (H-2021-0034) by CSHQA, Located at 6308 N. Linder Rd. 9. Findings of Fact, Conclusions of Law for Shafer View Terrace (H-2020-0117) by Breckon Land Design, Located on the East Side of S. Meridian Rd./SH 69, Midway Between E. Amity Rd. and E. Lake Hazel Rd. 10. Development Agreement Between the City of Meridian and Denton Roberts (Owner/Developer) for Roberts Annexation (H-2021-0013), Located at 1630 Paradise Ln. 11. License Agreement Between the City of Meridian and Joint School District No. 2 (dba West Ada School District) for Fields and Parking Lot at 915 E. Central Dr. 12. Public Works Request from Mussell Construction for Connection to the City Water System Outside City Limits at 4495 S Meridian Rd. 13. Legal Department: Fiscal Year 2021 Budget Amendment in the amount of $50,000 for Legal Services 14. Resolution No. 21-2271: A Resolution of the Mayor and the City Council of the City of Meridian Accepting the Traffic Box Box Art Image Repository 2021-2023 and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 15. Public Works Department: Fiscal Year 2021 Budget Amendment in the Amount of $500,000 for Well 17 Water Treatment Facility Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 16. Public Works Department: Approval of Award of Bid and Contract Between City of Meridian and Irminger Construction, Inc. for Construction of Well 17 Treatment Facility Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener PRESENTATIONS \[Action Item\] 17. City of Meridian Fiscal Year 2022 Budget Presentation and Discussion ORDINANCES \[Action Item\] 18. Ordinance No. 21-1931: An Ordinance (H-2021-0013 – Roberts Annexation) for Annexation of Lots 2 & 3, Heritage Subdivision No. 2, Situated in the Southwest Quarter of the Northwest Quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and Being More Particularly 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 2.146 Acres of Land from R-1 To R-2 (Low Density Residential) Zoning 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 Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 19. Ordinance No. 21-1932: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining to Specific Use Standards in the Old Town District in Chapter 2; Ditches, Laterals, Canals or Drainage Courses in Chapter 3; Comprehensive Map Amendments in Chapter 5; and Common Driveway Standards in Chapter 6; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener EXECUTIVE SESSION 20. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener In to executive session: 4:31 pm Out of executive session: 5:37 ADJOURNMENT 5:38 pm Item#2. Meridian City Council Special Meeting June 15, 2021. A Meeting of the Meridian City Council was called to order at 8:33 a.m., Tuesday, June 15, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Liz Strader and Brad Hoaglun. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Bernt: So, I want to -- I want to welcome everyone to our -- our budget special meeting this morning. The Mayor is not feeling well. He is feeling well, but his voice is not doing well, so he's asked me to manage this meeting. So, here we go. It is -- for the record, it is -- it is 8:33 on Tuesday, June 15th, 2021. We will start off with roll call attendance. ADOPTION OF AGENDA Bernt: Mr. Hoaglun, are you ready to roll? Hoaglun: Yes, Mr. President. We don't have any changes to our agenda, so I would move that we adopt the agenda as published. Borton: Second. Bernt: We have a motion and second to adopt the agenda as published. All those in favor signify by saying aye. Any nay? Passes. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 1, 2021 City Council Work Session 2. Approve Minutes of the June 1, 2021 City Council Regular Meeting 3. Delano Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 4. Delano Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 Page 43 Meridian City Council Special Meeting Item#2. June 15,2021 Page 2 of 8 5. Dovetail Subdivision Sanitary Sewer and Water Main Easement No. 2 6. Final Plat for Midgrove Plaza (FP-2021-0033) by Rodney Evans + Partners, PLLC, Located at 1450 E. Franklin Rd. 7. Findings of Fact, Conclusions of Law for Artemisia Subdivision (H- 2021-0014) by Engineering Solutions, LLP, Located at 1690 W. Overland Rd. 8. Findings of Fact, Conclusions of Law for Linder Village (H-2021-0034) by CSHQA, Located at 6308 N. Linder Rd. 9. Findings of Fact, Conclusions of Law for Shafer View Terrace (H-2020- 0117) by Breckon Land Design, Located on the East Side of S. Meridian Rd./SH 69, Midway Between E. Amity Rd. and E. Lake Hazel Rd. 10. Development Agreement Between the City of Meridian and Denton Roberts (Owner/Developer) for Roberts Annexation (H-2021-0013), Located at 1630 Paradise Ln. 11. License Agreement Between the City of Meridian and Joint School District No. 2 (dba West Ada School District) for Fields and Parking Lot at 915 E. Central Dr. 12. Public Works Request from Mussell Construction for Connection to the City Water System Outside City Limits at 4495 S Meridian Rd. 13. Legal Department: Fiscal Year 2021 Budget Amendment in the amount of $50,000 for Legal Services 14. Resolution No. 21-2271: A Resolution of the Mayor and the City Council of the City of Meridian Accepting the Traffic Box Art Image Repository 2021-2023 and Providing an Effective Date Bernt: Next on the agenda is the Consent Agenda. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Page 44 Meridian City Council Special Meeting Item#2. June 15,2021 Page 3 of 8 Bernt: I have a motion to approve the Consent Agenda with a second. All those in favor signify by saying aye. Motion passes. MOTION CARRIED: ALLAYES. Bernt: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 15. Public Works Department: Fiscal Year 2021 Budget Amendment in the Amount of $500,000 for Well 17 Water Treatment Facility Bernt: So, we will move into Department and Commission Reports. Start off with Public Works Department and Kyle Radek. Radek: Thank you, Mr. Mayor, Council Members, Mr. President. This item is a budget amendment in the amount of 500,000 dollars for Well 17 water treatment. The second year of this project, which is also the year we will complete it, and we have insufficient funds at present, after bidding it out. We had five --five contractors bid on the project and a low bid of 1.3 million dollars. Not a huge spread in the -- in the bids it's so competitive. However, the -- the -- I guess unprecedented is probably the appropriate word to use in this -- this bidding environment. We have -- contractors have lots and lots of work to do and supply chains are experiencing dramatic swings in the ability to provide materials and the prices of the materials and that's the -- the main reasons why we think these bids are higher. So, with that I would ask the Mayor and Council to approve the Well 17 Water Treatment Budget Amendment of 500,000 dollars and I will stand for any questions. Bernt: Thank you, Kyle. Any questions for Kyle? Strader: Mr. President? Bernt: Council Woman Strader. Strader: Good morning, Kyle. Do you think that -- is there a -- I know that we have supply shortages in a lot of industries. Is there any benefit to waiting and rebidding this project to see if maybe in six months we get a different outcome? Radek: Mr. Mayor, Council President, Council Woman Strader, we think that if it were a different kind of project that might be true. In this case we have a -- we have pre- purchased the equipment, which is a significant amount -- I think about on the order of 500,000 dollars worth of equipment that we will not only have to store somewhere, because it's being fabricated right now. We would have to store it somewhere, but, then, it would affect the warranty of that equipment, so because -- mainly because of that we recommend -- and because of-- the reason we are doing this project, we -- you know, we are trying to -- we are trying to clean up the water for our citizens and -- and even -- even at the higher cost we think that the project is worth -- worth moving forward just on that Page 45 Meridian City Council Special Meeting Item#2. June 15,2021 Page 4 of 8 basis alone, but because -- mainly because of the equipment issues we think that moving forward is the right decision. Strader: Thank you. We are in process already. Bernt: Any other questions for Kyle? Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I would move approval of the Public Works 2021 Budget Amendment in the amount of 500,000 dollars for Well 17 water treatment facility. Strader: Second the motion. Bernt: I have a motion and a second to approve Public Works Department budget amendment in the amount of 500,000 dollars for Well 17 water treatment facility. All those in favor signify by saying aye. Motion passes. MOTION CARRIED: ALLAYES. 16. Public Works Department: Approval of Award of Bid and Contract Between City of Meridian and Irminger Construction, Inc. for Construction of Well 17 Treatment Facility Bernt: Number 16 is also Kyle. Radek: And, Mr. Mayor, Mr. President, Council Members, this is just a follow up to the previous item. This is a request to approve the award of bid and construction to -- contract to Irminger Construction for Well 17 treatment facility for not to exceed amount of $1,532,332.24 now that we have that budget amendment first. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move that we approve the award of bid and contract between the City of Meridian and Irminger Construction, Inc., for construction of Well 17 treatment facility as -- in the amount as cited by Mr. Radek. Strader: Second the motion. Bernt: I have a motion and a second to approve the award contract between the City of Meridian and Irminger Construction. Any discussion on the motion? All right. Would all Page 46 Meridian City Council Special Meeting Item#2. June 15,2021 Page 5 of 8 those in favor of the motion signify by saying aye. The motion is passed. Thank you so much. MOTION CARRIED: ALLAYES. PRESENTATIONS [Action Item] 17. City of Meridian Fiscal Year 2022 Budget Presentation and Discussion (Budget hearing not transcribed.) ORDINANCES [Action Item] 18. Ordinance No. 21-1931: An Ordinance (H-2021-0013 — Roberts Annexation) for Annexation of Lots 2 & 3, Heritage Subdivision No. 2, Situated in the Southwest Quarter of the Northwest Quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and Being More Particularly 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 2.146 Acres of Land from R-1 To R-2 (Low Density Residential) Zoning 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 Bernt: Okay. So, let's move on to Ordinances. Hoaglun: Council President, are you going to give everyone Tuesday night off this week? Get Tuesday night off. Bernt: Yes. Absolutely. So, I think that, Chris, if you want to read ordinances by title. Johnson: Thank you, Mr. President. This is an ordinance related to H-2021-0013, Roberts Annexation, for annexation of Lots 2 & 3, Heritage Subdivision No. 2, situated in the Southwest Quarter of the Northwest Quarter of Section 32, Township 4 North, Range 1 East, Boise meridian, Ada county, Idaho, and being more particularly 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 2.146 acres of land from R-1 to R-2 (Low Density Residential) Zoning 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 Page 47 Meridian City Council Special Meeting Item#2. June 15,2021 Page 6 of 8 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. Simison: Council, you have had this ordinance read by title. Would anybody like it read in its entirety? Hearing none, all those in favor signify by saying aye. Johnson: Mr. Mayor, do we have a motion? Simison: Oh. Do I have a motion? Perreault: Mr. Mayor, I move that we approve Ordinance No. 21-1931 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the ordinance under suspension of rules. All those in favor signify by saying aye. Opposed nay. The ayes have it. The ordinance is agreed to. MOTION CARRIED: ALLAYES. 19. Ordinance No. 21-1932: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining to Specific Use Standards in the Old Town District in Chapter 2; Ditches, Laterals, Canals or Drainage Courses in Chapter 3; Comprehensive Map Amendments in Chapter 5; and Common Driveway Standards in Chapter 6; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Next item is Ordinance No. 21-1932. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. An ordinance amending Meridian City Code as codified at Title 11, pertaining to specific use standards in the Old Town District in Chapter 2; Ditches, Laterals, Canals or Drainage Courses in Chapter 3; Comprehensive Map Amendments in Chapter 5; and Common Driveway Standards in Chapter 6; and providing for a waiver of the reading rules; and providing an effective date. Simson: Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1932 with the suspension of rules. Page 48 Meridian City Council Special Meeting Item#2. June 15,2021 Page 7 of 8 Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1932 under suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION 20. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Simson: Next item is Executive Session. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we go into Executive Session per Idaho State Code 74-206(1)(b). Hoaglun: Second the motion. Simison: I have a motion and second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. And we are in Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (4:31 p.m. to 5.37 p.m.) Bernt: Mr. Hoaglun. Hoaglun: Mr. President, I move that we come out of Executive Session. Perreault: Second. Bernt: I have a motion and second to come out of Executive -- Executive Session. All those -- all those in favor signify by saying aye. Page 49 Meridian City Council Special Meeting Item#2. June 15,2021 Page 8 of 8 MOTION CARRIED: ALLAYES. Hoaglun: Mr. President, I move we adjourn. Strader: I will second the motion. Bernt: I have a motion and a second to adjourn. All those in favor say aye. Meeting is adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:38 P. M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 22 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 50 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 1, 2021 City Council Work Session Page 4 Item#1. WE IDIAN CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday,June 01, 2021 at 4:30 PM Minutes Mayor Simison called the meeting to order at 4:32 pm. ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Treg Bernt Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Jessica Perreault Councilman Brad Hoaglun ADOPTION OF AGENDA Councilman Bernt motioned to adopt the agenda. Councilman Cavener seconded.All Ayes. Agenda adopted as published. EXECUTIVE SESSION per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Motion made to enter executive session by Councilman Bernt, Seconded by Councilman Cavener.All Ayes. In to Executive Session: 4:34 pm Motion made to leave executive session by Councilman Bernt, Seconded by Councilman Cavener.All Ayes. Out of Executive Session: 6:07 pm ADJOURNMENT Councilman Bernt motioned to adjourn. Councilman Cavener seconded. All Ayes. Meeting adjourned at 6:07 pm Page 5 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 1, 2021 City Council Regular Meeting Page 6 Meridian City Council Item#3. June 1,2021 Page 76 of 76 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Cavener: Second. Simison: Motion and second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 10:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 15 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 81 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Delano Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 Page 83 ADA COUNTY RECORDER Phil McGrane 2021-092323 BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2021 03:43 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Delano Subdivision No. 1 Sanitary Server&water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thisl5th day of June 2p 2I between Challenger Development Inc. ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 83 I I Item#3. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Challenger Developme c Corey Barton,Presid t n STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me, on 3&&� �.3�Z� (date) by (name of individual), [complete the following if signing in a represent ative capacity, or strike the following if signing in an individual capacity] on behalf of L�(w Itr,�earn�n(aa�+w.F?+� (name of entity on behalf of whom record was executed), in the representative capacity:— 40-residt', (type of auth ody �1 0f41�1Accer or trustee) �DO t pFs ..... SAC � ° M1'CCMMfSSfON EXPIRES 2022 — Notary Signature 1 My Commission Expires; —� Sanitary Sewer and%w1N1 o ement REV.01/01/2020 Page 85 Item#4. i i i GRANTEE: CITY OF MERIDIAN I Robert E. Simison,Mayor 6-15-2021 I Attest by Chris Johnson, City Clerk 6-15-2021 i STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 6-15-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. j I i I Notary Signature ; My Commission Expires: 3-28-2022 I i Sanitary Sewer and Water Main Easement REV.O1/O1/2020 Pa e 85 Item#3. Sawtooth Land Surveying, LLC 2030 S. Washington Ave. 1 044 Northwest Blvd., Ste. G 14 1 1"Avenue East 51J, Z_0 7 f� Emmett, ID 83G 17 Coeur d'Alene, ID 838 14 Jerome, ID 83338 -' F: (208) 398-8104 F: (208) 714-4544 F: (206) 329-5303 F: (208) 398-8105 F: (208) 292-4453 F: (208) 324-382 I Sewer/Water No. 1 Legal Description BASIS OF BEARING for this description is North 00001'00"West, from a brass cap marking the southeast corner of Section 32 and the brass cap marking the E1/4 Corner of Section 32, both in T. 4 N., R. 1 E., B.M., Ada County, Idaho. An easement being located in the N1/2 of the SE1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the E1/4 Corner of said Section 32; Thence South 89039'12"West, coincident with the north line of said SE1/4 of Section 32, a distance of 1267.42 feet to the POINT OF BEGINNING; Thence South 00018'00"East, 100.40 feet; Thence South 89042'00"West, 50.00 feet; Thence North 00018'00"West, 100.36 feet to said north line; Thence North 89039'12" East, coincident with said north line, 50.00 feet to the POINT OF BEGINNING. Said easement contains 5,019 square feet and/or 0.115 acres, more or less. 0 10EI a 11574 2 0112I or BEAD P:\2018\18094-DELANO SUBDIVISION-CMG\Survey\Drawings\Descriptions\18094-sewer water no.1 Legal.docx Page 87 Item#3. to � q j t o ZEBULON HEIGHTS SUBDIVISION NO. 2 q BK 99, PG 12773 t \ 50.00' � i 89°3�9'12"E S 89039'12"W 1267.42' Z 241.22' - --- -1026.20' --- -- --_32 33 0 o POINT OF BEGINNING E 114 CORNER cc ' 5,019 Sq.Ftl JASMINE ACRES SECTION 32 � . CP&F109103130 � CO; , W 0.115Ac.f I LOT 1, BLOCK 1 ' o BK 59, PG 5829 o� 00 Lo o °o c ; Nw S 89042'00"W o 0 50.00' AL � 4 O 11574 SE CORNER SEC 32 T. 4 N., R 1 E., 8.M. `I9/�) CP&F 113077610 32 33 d£�FOF ID E. USTICK ROAD 5 4 BEA��- PROJECT: OWNEWDEVELOPER: D I 8 DWG# DEL4NO SUBDIVISION NO. 1 2030 S. WASHI 36 7 18094 EX CONGER GROUP EMMETT, D 361 SEWER/WATER NO. 1 EXHIBIT P: (208)398-8104 PROJECT# NTS MERIDIAN,IDAHO � ��OOr F. (208)398-8105 16094 flSHEET DATE. 512021 La�sSun�eyin�LLG WWW.SAWT-OOTHLS.COM 1 '� Page 88 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Delano Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 Page 89 ADA COUNTY RECORDER Phil McGrane 2021-092324 BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2021 03:43 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Delano Subdivision No. 1 Sanitary Sewer&Water Main Easement Number: 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 15th day of June 2021 between C4 Lease LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of.-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#4. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C4 Lease LLC Jim Conger,M ber STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by c.w� (name of individual), [complete the fol wing if signing in a 10 representati e ca acity, or ike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: MAM.Qf A (type of authority such as officer or trustee) • 14 Sn p Notary Signature 0�o3�UBLIC My Commission Expires: �'•$•oZQpZCP �. •. No. OF I'D Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 91 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-15-2021 Attest by Chris Johnson, City Clerk 6-15-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-15-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Page 91 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#4. Sawtooth Land Surveying, LLC 2030 S. Washington Ave. 1 044 Northwest Blvd., Ste. G 14 1 1` Avenue East Emmett, ID 83G 17 Coeur d'Alene, ID 8381 4 Jerome, ID 83338 / P: (208) 398-8 104 P: (208) 7 1 4-4544 1'- (208) 329-5303 Z-u F: (208) 398-81 05 F: (208) 292-4453 F. (205) 324-382 1 Sewer/Water No. 2 Legal Description BASIS OF BEARING for this description is North 00001'00"West, from a brass cap marking the southeast corner of Section 32 and the brass cap marking the E1/4 Corner of Section 32, both in T. 4 N., R. 1 E., B.M., Ada County, Idaho. An easement being located in the N1/2 of the SE1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the E1/4 Corner of said Section 32; Thence South 89039'12"West, coincident with the north line of said SE1/4 of Section 32, a distance of 1026.20 feet; Thence South 00020'48" East, 346.83 feet; Thence North 89042'00" East, 63.10 feet; Thence South 00018'00" East, 8.50 feet to the POINT OF BEGINNING; Thence North 89042'00" East, 31.00 feet; Thence South 00018'00" East, 30.00 feet; Thence South 89042'00"West, 31.00 feet; Thence North 00018'00"West, 30.00 feet to the POINT OF BEGINNING. Said easement contains 930 square feet and/or 0.021 acres, more or less. L �E 11574 �FF BEAO� PA2018\18094-DELANO SUBDIVISION-CMG\Survey\Drawings\Descriptions\18094-sewer water no.2 Legal.docx — I � Page 93 Item#4. ZEBULON HEIGHTS SUBDIVISION NO. 2 BK 99, PG 12773 S 89039'12"W 1026.20' 32 33 E 114 CORNER SECTION 32 CP&F109103130 JASMINE ACRES a, Z LOT 1, BLOCK 1 LINE TABLE r BK 59, PG 5829 LINE I BEARING DISTANCE N 0 L1 S 0001$00"E 8.50' p L2 N 89042 00"E 31.00' 3 cn L3 S 00°18 00"E 30.00' 63.10' L4 S 89042'00"W 131.00' N 89042'00"E L5 N 00018'00"W 30.00' w o L2 z o z POINT OF BEGINNING j�[ m 930 Sq.Ft/ ' _ JASMINE ACRES 0.021 Ac.f L4 LOT 3, BLOCK 1 BK 59, PG 5829 SE CORNER SEC 32 CP&F113077810 32 33 15 4 0 E. USTICK ROAD 5 4 T. 4 N., R 1 E., 8.M. s1 j I �IgTF 0r pp'� BEA�� 1 N PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# DELANO SUBDIVISION NO. 1 EMMETT, ID 83617 18094-Ex SEWER/WATER NO. 2 EXHIBIT CONGER GROUP P. (208)398-8104 PROJECT# NTS MERIDIAN, IDAHO F. (208)398-8105 18094 j DATE: 512021 WWW SAWTOOTHLS.COM Page 94 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Dovetail Subdivision Sanitary Sewer and Water Main Easement No. 2 Page 95 ADA COUNTY RECORDER Phil McGrane 2021-092325 BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2021 03:44 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Dovetail Subdivision Sanitary Sewer&Water Main Easement Number: 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 15thday of June 2021 between Pine QOZB, LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of.-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Page 95 Sanitary Sewer and Water Main Easement REV.01/01/2020 Project Name(Subdivision): Dovetail Subdivision Sanitary Sewer&Water Main Easement Number: 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 15thday of June 2021 between Pine QOZB, LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Page 95 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#5. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 6ti Casey Lynch STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Co.s!n trkAw0-\ (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Pine QOZB,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Ml- c _(type of authority such as officer or trustee) stam ] MARGARET HUNT Notary Public-State of Idaho No ary Signature Commission Number 20192069 My Commission Expires: My Commission Expires Oct 4, 2025 Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 97 Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-15-2021 Attest by Chris Johnson, City Clerk 6-15-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-15-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires- Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#5. DIAMOND LAND SURVEYING EXHIBIT A Sanitary Sewer and Water Main Easement#2 Description A sanitary sewer and water main easement situated in a portion of Lot 2,3,4 and 7 of Pleasant Valley Subdivision, according to the Official Plat thereof,filed in Book 12 of Plats at Page 665, Records of Ada County, Idaho, and being in the Northwest quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Beginning at a point North 00°30'07" East 1489.75 feet along the East Section line of the Northwest quarter and North 89°29'53"West 394.46 feet from the West quarter corner of Section 8 to the POINT OF BEGINNING and running; Thence South 89°57'47" West 20.00 feet; Thence North 0°02'13"West 4.73 feet; Thence South 89°57'47" West 86.78 feet; Thence North 67°37'07"West 47.89 feet; Thence South 22°27'41" West 9.00 feet; Thence North 66°10'13"West 20.01 feet; Thence North 22°27'41" East 13.59 feet; Thence North 67°32'13"West 24.39 feet; Thence North 78°47' NN,-LANp13"West 85.34 feet; Q \GE.NSE SG�G Thence North 11°12'47" East 10.00 feet; O 6/3/2021 a 17793 Thence South 78°47'13" East 86.32 feet; °" Thence South 67°32'13" East 27.58 feet; or �' rygNB,V� Thence North 22°27'47" East 52.52 feet; Thence South 67°32'13" East 10.00 feet; Thence South 22°27'47" West 47.52 feet; Thence South 67°32'13" East 51.70 feet; Thence North 89°57'47" East 102.80 feet; Thence South 0°02'13" East 24.73 feet to the point of beginning. nate@diamondlandsurveying.com I office 801.266.5099 1 fax 801.266.5032 1 5243 Greenpine Dr.,Murray, UT 84123 Page 99 Item#5. 5 8 _ _ _ _ _ _ _ 8_ 8 Sanitary Sewer and Water Main Easement #2 Description 5 8 I N O°30'07" E 1489.75' V CENTER OF8 8 NORTH QUARTER CORNER A sanitary sewer and water main easement situated in a CORNER SECTION 8, portion of Lot 2,3, 4 and 7 of Pleasant Valley Subdivision, SECTION 8, T3N, R1E, accordingto the Official Plat thereof, filed in Book 12 of Plats T3N, R1E, N 89'29'53" W 394.46' BOISE MERIDIAN BOISE MERIDIAN (PUE #2 TIE) I at Page 665, Records of Ada County, Idaho, and being in the S 0'02'13" E 24.73' SANITARY SEWER AND POINT BEGINNING Northwest quarter of Section 8, Township 3 North, Range 1 East, � WATER MAIN EASEMENT Boise Meridian, City of Meridian, Ada County, Idaho, being more s 89.57'47" W 20.00' particularly described as follows: Beginning at a point North 00°30'07" East 1489.75 feet along 1 N O'02'13" W 4.73' the East Section line of the Northwest quarter and North w I I 89°29'53" West 394.46 feet from the West quarter corner of 't0 13 11 Section 8 to the POINT OF BEGINNING and running; FUTURE LOT 2 I t00 DOVETAIL SUBDIVISION co i I�� Thence South 89°57'47" West 20.00 feet; I 1� FUTURE LOT 1 DOVETAIL SUBDIVISION Thence North 0°02'13" West 4.73 feet; S 67.32'13" E 51.70' / 1 Thence South 89°57'47" West 86.78 feet; / / N 67.37'07" W 47.89' S 22.27'47" W 47.52'� Thence North 67°37'07" West 47.89 feet; \ ' \\ \,� s 2227'41" w s.00' Thence South 22°27'41 " West 9.00 feet; S 67'32'13" E 10.00 \\ Thence North 66°10'13" West 20.01 feet; N 22'27'47" E 52.52' 7 / N 66'10'13" W 20.01' Thence North 22°27'41 " East 13.59 feet; 7'32'13" E 27.58' N 22.27'41" E 13.59' Thence North 67°32'13" West 24.39 feet; w I I3 N 6 '32'13" Thence North 78°47'13" West 85.34 feet; 24. 9' 1� Thence North 11°12'47" East 10.00 feet; Iz Thence South 78°47'13" East 86.32 feet; Thence South 67*32'13" East 27.58 feet; Thence North 22°27'47" East 52.52 feet; N 11'12'47" E 10.00' Thence South 67*32'13" East 10.00 feet; Thence South 22°27'47" West 47.52 feet; WEBB WAY Thence South 67*32'13" East 51.70 feet; Thence North 89°57'47" East 102.80 feet; LANp GEN G SFO`S�G Thence South 0°02'13" East 24.73 feet to the point of rL� 6/2/21 Cn beginning. EXHIBIT B a 17793 SANITARY SEWER AND WATER MAIN EASEMENT EXHIBIT 6891 S. 700 W. STE. 150 MIDVALE, UT 84070 office@diamondlandsur page 100 Phone (801)266- SCALE 1"=60' 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Midgrove Plaza (FP-2021-0033) by Rodney Evans+ Partners, PLLC, Located at 1450 E. Franklin Rd. Page 101 Item#6. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: June 15, 2021 Topic: Final Plat for Midgrove Plaza (FP-2021-0033) by Rodney Evans + Partners, PLLC, Located at 1450 E. Franklin Rd. Request: Final plat consisting of 5 buildable lots on 12.84 acres of land in the C-G and I-L zoning districts. Information Resources: Click Here for Application Materials Page 102 Item#6. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 6/15/2021 Legend DATE: Iff Project D=tor TO: Mayor&City Council =kMtW FROM: Sonya Allen,Associate Planner BANE 208-884-5533 1 ' Er - I SUBJECT: FP-2021-0033 Midgrove Plaza ®� Y I I I LOCATION: 1450 E. Franklin Rd., in the SE 1/4 of ' Section 7, T.3N.,R.IE. (Parcel - #S 1107449996) -- - I I. PROJECT DESCRIPTION Final plat consisting of 5 buildable lots on 12.84-acres of land in the C-G and I-L zoning districts. II. APPLICANT INFORMATION A. Applicant/Representative: Benjamin Semple,Rodney Evans+Partners,PLLC— 1014 S. LaPointe St., Ste. 3,Boise,ID 83706 B. Owner: Arthur Berry—4804 Roberts Rd.,Boise,ID 83705 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and associated conditions of approval as required by UDC 11-613-3C.2. There is one (1)fewer buildable lot than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 1 Page 103 Item#6. V. EXHIBITS A. Preliminary Plat(date: 1/13/20) L®GROVE PLAZA SUBDIVISION .._�.. Ip� ooD • e`��e."�. � �=•o ioio LCGEND 1 =4i q --- lii zawRSj "MMI" z � \ �ss.�r -3Y —��i R'1=�• _ a MK...i.Mrcn.w.n....ix....nai.e�r. 1450 E.FRANKLIN RD \\. 12.831 ACRES my � 0 o _ g ��— s a.a' 1 GEOMATlCS 'rlmvzaxsF }\ SURVEYING MAPPING F 1 �......a.. QYWP ivOE�nupx'm E � �� ,PRELIMINARY PLAT ` ��.. � - • s� _ �PPOI ! P �p Page 2 Page 104 Item#6. B. Final Plat(date: 5/12/2021) PLAT SHOWING MIDGROVE PLAZA LOCATED WITHIN THE SE 114 OF THE SE 1/4 OF SECTION 07, TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDA HD 2021 7 D SURVEYOR NOTES _�L am SHEET INDEX saDIN Rlwalo —ivl wwool,loxueouxonxv 8 c.R.3ozvsuz2s ATEnN,y MCTWIDE PERMANENT—WENTMRPusucAG— uI—,,REEERE . EAND""'RE II—Taxslue eE RESEmEO Alnxc TxE 1EOP ovmeRs.wxvErrvneenrnzsKErCHEs _ _ UNION PACIFIC RAILROAD EET3 APv'RavAls AecEP 1AN.1ERNE—.1 z IMERIO Azs raoT un—1—R sllswswury moors l-GEaGH—AEwcau_I—ED-1 IN E — —_ ES 588°29'S1"E POR�{5 LEGENH s uar 28200' ,ED-1 TILm EASENEN,,REc 1—AE INSTRUMENT NC OPAY E z E45EMEN. ..... .. - ROVE ROA➢ORE ''................... I __ __ "11 RICHTDFWAv TAKE iHEle ACCESS Feats THE OESGINA1Eu INGRESS&EGPE55 Exu'nxC EUEMExr As IMEM NEREau ANo OSTEOABwEINNCC0I`nos- .. I—DEAIGGEuwo MINE aouxoAR xoTEs 3zs INC PERMITS aP AS SPEGA_ p ,..... I N o/OB RuIPEOuIIO IDIN q W o —..—.. 9 - E weolYA,illrt To ® N�5/E'RER4R,•PI55aea•,uN Ecc OTHERWISE NoIEB 'EnNIZ6 oAlx)CWESERWIXJudwN RIG III A J, s. Es •m ET 112 REBAR,SWITx AUMINUM—RERENRExcE eClln uRAEMWHENSAEERENUBEENw g u,�„ •vA ET11z'REBARwEN Awmwum CAR wlTxEss coxxER orveEl,�N an-wns'coTMivs.au�Eo iNEHEW � ® CEREEUM nos/a"Res M xxERM�ME o mNxMBEe �oNL. _ _ --- oR j i� 0 RLOEKx MBER —N-MIH� —ALRG GGNNI-AFEE u" —GA HE,:�I ENHEA TAT v sa934•o3"E $� T b EXISTING EASEMENTS Dm�EeRTTxHEErEEEm ERVHT—EKSAN Ewen EIAE x l2 - .................�y zA, bS j ®, -.E IwwO aowEx—T.N,A-- , S3.AAGD5 BLOCK LMEW—TO A CONSE—ACN EASEMEAL 92' ag'3A�•E ®R�wBENMB 5M ISA—NI MA`°ax" DEAGGE .. m� s mx m w BE�ANRAR s wER ESMT �P3B ICE No E 1„r sxwm emss E �m —DEARNITMY 6<50�BER111111 ENT LIE WITH ZONE AE ASPEEIAL ROOD f`m m'vnoE lrvcREssrEEREss ESME LN.zo2ss2s2C[sEE xOTE91 NAZARo APERMASEIRM varvED HEREON a,Em,Eaxs,n ye�............................ .... .w ff o EEErcrlve oo-la-zoz0.uoulxuTeo Hee[on. G k-�," � � Z•1 O mwloEw rERRiIrvEEVT N � TIN. BASIS OF BEARING 2 z�gq wBNRax mmlx� ,1xxMlx 3Pro,x� �IEOEMRIx IS11111 x,I—IRCIT RDNEPRo,ERINN1E e„q e,NxaB IN xax�E'E-EB N E mRNERNE ACH. -.I..o3, 1 NDTHEEASTONARTERQNEROESE�nx, E �E � &�''��w ❑1 I � � ' REFERENCES xE RL REIC:rmo eeowsmuE narnoEmel `'•'S� � zRz+s' izzr AGENCY REVIEW 05-12-2021 .\\. All AAr z . `'- „ J I ABBREVIATIONS wa tnb pNE rAsxn {7 OZONE PF 94gPM_.R��A CAIBED pROSEE ER A' DEMAUEm�ERE xoxI51RIR NLRC3eo Its xFEETAE�EI�xwArlf�T,,,9WNmAIIIwv erArlon7 45'SS"W 589.98'n _ 7 a RAOA �Is''" ASURYEYING6MAPPING COMPANY 18 II� sm es'ss•xr vz»z A E. FRANKLIN ROAD LO 17 x PEMA-DEG HEAD F—D—x- 231BN.GGLE RO.I suITE CIBOxE,IOANOs3zw Page 3 Page 105 Item#6. C. Landscape Plan(date: 3/31/2021) +,�' --• — - vaa�ECT irvvoawnory \`•�'7p -- r �SHRUB PLANTING +� - e �� Affiff. V=- Y z'— - _-.t DECIDUOUS THEE PLANTING_~ _ �„ •�.--1_� E.FRAMCl1N RCYiD x z�� � ...�.e�..,.,.,....e....._.m�e.. Y a.mrsr II .,/,N 4NDS�CAPE LAN-OVE§ALL @GROUNDCOVER PLANnNGL I Z= F 0 E nme-a:O�a_a { 1450 E.FRANKLIN RD 12.831 ACRES -� y ti Ya. � Lu b:O LOT a _ r 2 030 AC LCT4 \\ 88,437.815E 2-524 AC v„� (C-G ZONING) 109,928.345E -KEY MAP jF - — — — E FANiO-N R01D • e �.—.. oa '® —�I , �4�� ,,...-a. 3] LANDSCAPE PLAN-AREA ONE L2.1 1 Page 4 Page 106 - ------------------- ---- 4 LOT 5 2.635 AC LOT 2 114.785.07 SF 2290 AC (I-LZONING) 99,765.88 SF (I-L ZONING) EE FE 1450 E.FRANKLIN RD 12.831 ACRES T $11.I I.I..-All PIA.-AREA • % ---------------------- C% IQ LOT 1 3.353 AC 148,056.68 SF (I-LZONING) Fon 4v PF PLAN-AREA tr�,LgNQSCATHREE L2 Page 5 Item#6. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0029). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of City Council's approval(by July 7,2022)of the preliminary plat in accord with UDC I I- 6B-7 in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by LR Geo, stamped on 5/12/2021 by Aaron P. Rush, shall be revised as follows: a. Modify note #5 as follows: A cross-access/ingress-egress easement shall be depicted between all lots in the subdivision and to the abutting property to the west through Lot 5 (Parcel#S 1107449111)in accord with UDC 11-3A-3A.2. b. Modify note #6 as follows: Include a note that prohibits direct lot access via N. Locust Grove Rd. and E. Franklin Rd. other than those accesses approved with the preliminary plat by the City and ACHD. c. Existing Easements Table—"E"and"F": Include recorded instrument numbers. An electronic copy of the revised plat shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, prepared by Rodney Evans + Partners, dated 3/31/21, shall be revised as follows: a. Depict shrubs along with the proposed trees within the buffers along the multi-use pathway and the street buffers along Franklin&Locust Grove Roads in accord with UDC 11-313-7C.3a and 11-3B-12C.2. An electronic copy of the revised landscape plan shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 6. A minimum 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along the northeast side of the Five Mile Creek extending to the Franklin/Locust Grove Road intersection as required by the Park's Department prior to signature on the final plat by the City Engineer. 7. The Five Mile Creek shall be protected during construction and shall be left open as a natural amenity and shall not be piped or otherwise covered as set forth in UDC I I-3A-6B.1. 8. All future development shall comply with the minimum dimensional standards listed in UDC Tables 11-2B-3 for the C-G zoning district and 11-2C-3 for the I-L zoning district, as applicable. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. Page 6 Page 108 Item#6. B. Public Works Site Specific Conditions: 1. Ensure no permanent structures are within City easements (including but not limited to trees,bushes,carports,trash enclosure walls,fences,storm water infiltration trenches, streetlights,etc.). 2. The sanitary sewer line that is shown extending through lot 6 to serve lots 1, 2,and 3 must be an 8"main due to line serving multiple lots.At each flow change a manhole will be required. Unless otherwise noted on the plans, 8"sewer lines are considered main and must be covered in a utility easement. 3. All sewer and water mains constructed in unimproved areas must have an access road built to Meridian City Design Standards. 4. The Geo Technical report submitted for the subject site points out numerous items that will require special attention. The design engineer for this project should pay particular close attention to the findings and recommendation for the successful design and performance of all foundation systems,sub-surface drainage,and utility trench backfill. 5. A Floodplain Development Permit required for this development. The SW area, including Five Mile Creek is subject to the terms of a conservation easement,recorded as instrument No 108135169 for the protection of designed wetlands. Development with floodway,requires a no-rise analysis. 6. An additional streetlight is required on the west boundary of Franklin Road. 30-foot Davit poles are allowed when there is an overhead utility conflict.The lights on Locust Grove Road shall be Type 1, 35 feet high with a 12 Mast Arm. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. Page 7 Page 109 Item#6. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. It. 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 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Page 8 Page 110 Item#6. Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(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 addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 111 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Artemisia Subdivision (H-2021-0014) by Engineering Solutions, LLP, Located at 1690 W. Overland Rd. Page 112 Item#7. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER ,. In the Matter of the Request for Annexation and Zoning of 25.67-Acres of Land with a C-G (General Retail and Service Commercial)Zoning District; and,Preliminary Plat(PP) Consisting of 9 Commercial Buildable Lots on 19.26-Acres of Land in the Proposed C-G(General Retail and Service Commercial) Zoning District for Artemisia Subdivision,by Engineering Solutions,LLP. Case No(s).H-2021-0014 For the City Council Hearing Date of: June 1,2021 (Findings on June 15,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 1,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTEMISIA SUBDIVISION—AZ,PP H-2021-0014 - I - Page 113 Item#7. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 1,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of June 1,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTEMISIA SUBDIVISION—AZ,PP H-2021-0014 -2- Page 114 Item#7. agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 June 1,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTEMISIA SUBDIVISION—AZ,PP H-2021-0014 -3- Page 115 Item#8. By action of the City Council at its regular meeting held on the 15th day of June , 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-15-2021 Attest: Chris Johnson 6-15-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-15-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTEMISIA SUBDIVISION—AZ,PP H-2021-0014 -4- Page 115 Item#7. EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING June 1,2021 Legend DATE: Project Lacfltar TO: Mayor&City Council _____ FROM: Sonya Allen,Associate Planner 208-884-5533 LI I I I I I I I SUBJECT: H-2021-0014 Artemisia Subdivision—AZ,PP / LOCATION: 1690 W. Overland Rd., in the SE 1/4 of ---- Section 14,T.3N.,R.1 W. (Parcel #S1214449107) I. PROJECT DESCRIPTION Annexation and zoning(AZ) of 25.67-acres of land with a C-G(General Retail and Service Commercial)zoning district; and, Preliminary Plat(PP) consisting of 9 commercial buildable lots on 19.26-acres of land in the proposed C-G(General Retail and Service Commercial)zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 25.67-acres(AZ); 19.26-acres(PP) Existing/Proposed Zoning RUT in Ada County/C-G Future Land Use Designation Mixed Employment(ME)(13.4+/-acres)&Mixed-Use Commercial(MUC)(5.9+/-acres) Existing Land Use(s) Single-family rural residential/agricultural Proposed Land Use(s) Corporate office,parts sales, service,accessory center,RV maintenance Lots(#and type;bldg./common) 9 buildable lots/0 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 0 of units) Physical Features(waterways, The Hardin Drain runs along the northeast corner of this hazards,flood plain,hillside) site. Neighborhood meeting date;#of 8/26/20;3 attendees&2/4/21;no attendees attendees: History(previous approvals) None - Page 1 Page 117 Item#7. B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was not required. es/no Access One access is proposed via W.Overland Rd.,a 5-lane arterial (Arterial/Collectors/State street along the southern boundary of the site. Hwy/Local)(Existing and Proposed) Traffic Level of Service Better than"D"(acceptable LOS is"E") Stub One stub street(W. Tasa St.)is proposed at the west boundary of Street/Interconnectivity/Cros the site for future extension s Access Existing Road Network W. Overland Rd.runs along the southern boundary of the site Existing Arterial Sidewalks/ No sidewalks exist along W. Overland Rd. adjacent to this site. Buffers Proposed Road Capital Improvements Plan(CIPu Integrated Five Year Work Plan(IFYWP): Linder Road is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and Improvements widened to 5-lanes on each side of I-a4 with a level 3 bike facility from Franklin Road to overland Road in the future. • The intersection of Overland Road and Linder Road is listed in the CIP to be widened 6-lanes on the north and south legs and 7-lanes on the east west legs and signalized between 2036 and 2W. Fire Service • Distance to Fire Station 0.1 mile • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#6—can meet response time goals • Resource Reliability 87%-does meet the target goal of 80%or greater • Risk Identification 4 current resources would not be adequate to supply service (large building with high fire loading) • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 2,500 gallons per minute for two hours,may be less if buildings are fully sprinklered. • Other Resources Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining 14.08 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions Page 2 Page 118 Item#7. Water • Distance to Water Directly adjacent Services • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works Site Specific Conditions C. Project Area Maps Future Land Use Map Aerial Map Legend Legend Project Luca for � � � Project Lucafton - _ I Low �ier iry -IteS tl$� Reiden iol ial y p menf i]hrD Sify IY sidenfial Zoning Map Planned Development Map ffeegend R1 R1 (fLegend ( Project Lacai�on I Project Luca-ion +_i {'al}I Limit wlwa — Planned Parcels IRE] RI RUT -L - ` RUT-RLL" ---- TN-R R-15 TN-C CrI--C RUT R-1. TN-R R-8 R-8 R-8 r?4 Page 3 Page 119 Item#7. A. Applicant: Engineering Solutions,LLP— 1029 N. Rosario St., Ste. 100,Meridian,ID 83642 B. Owners: Idaho Auto Mall,LLC—8854 W. Emerald St.,Boise,ID 83704-4830 C. Representative: Becky McKay,Engineering Solutions,LLP 1029 N.Rosario St., Ste. 100,Meridian, ID 83642 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 3/26/2021 5/14/2021 newspaper Notification mailed to property owners within 300 feet 3/24/2021 5/11/2021 Applicant posted public hearing 4/3/2021 5/15/2021 notice on site Nextdoor posting 3/24/2021 5/12/2021 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the northern and western 13.4+/-acres of this site as Mixed Employment(ME)and the 5.9 acres at the southeast corner of the site as Mixed-Use Commercial(MUC). This site is within the area governed by the Ten Mile Interchange Specific Area Plan(TMISAP). The purpose of ME designated areas is to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas,light industrial including manufacturing and assembly,and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments,primarily serving employees and users of the ME areas or nearby industrial areas, are allowed. ME areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises.ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. Buildings are anticipated to range in height from 1-4 stories,have total floor areas of 10,000-1,000,000 square feet,with a FAR that will exceed .75. The purpose of MUC designated areas is to encourage the development of a mixture of office,retail, recreational,employment and other miscellaneous uses,with supporting multi-family or single-family attached residential uses. This designation requires developments to integrate the three major use categories—residential, commercial and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The northern portion of the site, designated ME, is proposed to develop first with two(2) single-story structures with a combined square footage of 92,307 for Kendall Ford Auto Center, a regional company;proposed uses include vehicle sales and service and retail sale of vehicle accessories. A Page 4 Page 120 Item#7. variety of lot sizes are proposed on the MUC designated southern portion of the site for future retail and office uses adjacent to W. Overland Rd. Staff believes the proposed uses are generally consistent with the associated ME and MUC FLUM designations and will contribute to the variety of uses already in this area and with future uses. Existing uses consist of single-family and multi-family residential uses to the south and southwest, which provide the residential component of the mixed-use area although not an integrated part of the development; office to the south; recreational vehicle sales,retail parts/accessories sales and service to the east; and future mixed employment uses to the west. Future development along Overland Rd. and internal local streets should incorporate street-oriented design consistent with the TMISAP for commercial developments. Transportation: The Transportation System Map in the TMISAP depicts arterial streets along the south and east boundaries of the site—Overland Rd. exists along the south boundary as a 5-lane roadway and Linder Rd. is listed in the IFYWP to be constructed as a 5-lane roadway and a 4-lane overpass in the future along the east boundary of the site. A local street is depicted through the western portion of this site from Overland Rd. to the west boundary of this site consistent with that shown on the proposed preliminary plat. Mixed-Use Commercial areas must include an integrated system of sidewalks,walkways and pathways that provide access to all structures and spaces within a development. Sidewalks should not be located immediately adjacent to the curb—they should be separated from the curb by a minimum 4-foot wide planting strip planted with street trees and other landscaping. A loop pathway is proposed on the landscape plan around the perimeter of this site as an amenity for employees and the public. Street furnishings such as seating,newspaper racks,bollards,trash receptacles,bicycle racks and other elements important to the functioning of an effective pedestrian environment should be provided as set forth in the TMISAP(Street Furniture,pgs. 3-28—3-29). Exterior lighting should be used to provide illumination for the security and safety of entry drives, parking, service and loading areas,pathways,courtyards and plazas,without intruding on adjacent properties. Site lighting should be architecturally compatible and consistent in design between sites. (See TMISAP,Lighting,pg. 3-30). Design: In commercial developments,building orientation and setbacks should be close to the street with the main entrance of buildings oriented to the street(Street-Oriented Design,pg. 3-33). For all new commercial and mixed-use buildings, a continuous unbroken frontage along required build-to lines to a minimum height of 30-feet should be constructed for at least 75%of the property frontage. Adjustments to this requirement may be allowed, such as modest setbacks to accommodate additional sidewalk space for caf6 seating,or breaks in frontage for the creation of pocket parks.New Buildings at street intersections should"hold the corners" and avoid introducing additional building setbacks unless a new public space is specified. At least 40%of the linear dimension of the street level frontages shall be in windows or doorways; street level windows shall be clear or tinted visually permeable glass(mirrored or reflective glass is prohibited). Window sills shall be located no higher than 3'6"above adjacent exterior grade;headers shall be located no lower than 8'0" above adjacent exterior grade.No wall frontage shall continue uninterrupted by a window or a functional public access doorway for a linear distance of greater than 12'. The principal doorway for public entry into a building shall be from the fronting street. Corner entrances may be provided on corner lot buildings (Commercial and Mixed-Use Buildings,pg. 3-33).No parking should be placed between a building and the fronting primary or secondary street(Commercial Activity Centers,pg. 3-37). The space between a building facade and the adjacent sidewalk or walkway should be appropriately landscaped with a combination of lawn, groundcover, shrubs and appropriate trees(Building Facades, pg. 3-38). Page 5 Page 121 Item#7. Low-rise buildings of 2-4 stories over much of the area is desired(Building Heights,pg. 3-38). Buildings should be designed with clearly delineated bases,bodies and tops(Base,Body and Top,pg. 3-39). Comply with the general recommendations for Activity Centers noted on pg. 3-40. Awnings shall be provided on building facades for climate protection for pedestrians and shall extend a minimum of 5-feet from the fagade of the fronting structure—8-feet is preferable in wider pedestrian environments(Awnings,pg. 3-45). Signs should be designed to contribute to the overall character,identity and way finding system. The colors,materials, sizes, shapes and lighting of signs should be compatible with the architecture of the buildings and the businesses they identify(Signs,pg. 3-46). High quality public art should be incorporated into the design of streetscapes,public buildings,parks, transit,infrastructure,and other public projects(Public Art,pg. 3-47). The Applicant proposes a focal point at the northwest corner of Linder&Overland Roads with a sculpture and masonry signage(see detail on Sheet LI AO of the landscape plan in Section VII.C). Open civic spaces should be provided in commercial activity centers/mixed use environments and should be located adjacent to an accessible from at least one primary street(3-48).Linear open space with a pedestrian walkway is proposed around the perimeter of the development; additional common/gathering area(s)should be provided within the commercial/office portion of the development. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed uses should be compatible with similar uses (Camping World&Bish's RV)and zoning(I-L) to the east,future mixed employment uses to the west, and multi family residential, office and future commercial uses to the south across Overland Rd. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The anticipated retail uses should provide shopping opportunities for area residents and employees of the proposed auto center and offices. The proposed auto center will provide jobs within close proximity of single family and multi family residential uses to the south across Overland Rd. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) The proposed retail uses should provide supportive uses for the auto center and office uses. • "Require pedestrian circulation plans to ensure safety and convenient access across large Page 6 Page 122 Item#7. commercial and mixed-use developments."(3.07.02A) The landscape plan depicts a pedestrian walkway within the landscape buffers around the perimeter of the development and sidewalks along internal public streets.Additional internal pedestrian walkways should be provided between buildings within the site for pedestrian connectivity and from the perimeter sidewalks along Overland and Linder Roads to the main building entrances. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01 C) A 50 foot wide landscaped street buffer is required to be provided along the northern boundary of the site adjacent to I-84. The structures on Lot 1, Block I are proposed to be setback 315'+from I-84. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation: The proposed annexation is for 25.67-acres of land with a C-G(General Retail and Service Commercial)zoning district,which includes the ITD storm drainage area at the northeast corner of the site and the right-of-way to the section/center line of adjacent streets. The proposed C-G zoning is consistent with the associated ME and MUC FLUM designations as is the proposed uses. The proposed use of the property will include sales and service for commercial fleet operations for large commercial trucks and motorhomes;vehicle accessory sales; an installation facility for customizing vehicles; parts department; and reconditioning facility for used cars for Kendall Ford Auto Center. The Applicant anticipates the fixture uses on the six(6) lots located along W. Overland Rd. and adjacent to S. Spanish Sun Way to be retail and office space. Vehicle sales and service,minor vehicle repair,retail sales, and professional services(i.e. offices) are all listed as principal permitted uses in the C-G zoning district per UDC Table 11-2B-2, Page 7 Page 123 Item#7. subject to the specific use standards in UDC 11-4-3 as applicable.Note:Major vehicle repair is prohibited in the C-G zoning district. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application, containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed plat consists of 9 commercial buildable lots on 19.26-acres of land in the proposed C-G zoning district. Lots range in size from 22,305 square feet(s.f.) (0.51-acre)to 422,643 s.f. (9.7-acres)with an average lot size of 87,625 s.f. (2.0 1-acres). The subdivision is proposed to develop in one(1)phase.Note: The portion of the annexation area at the northeast corner of the site that is the ITD storm drainage area is not included in the proposed plat as it's been dedicated as right-of-way. The Applicant requests approval to obtain building permits and develop the Kendall Auto site on Lot 1,Block 1,prior to recordation of the final plat. Staff is amenable to this request as the subject parcel is considered a legal parcel eligible for development;however,prior to issuance of building permits for any other lots within the subdivision,the final plat should be recorded. Existing Structures/Site Improvements: There are no existing structures on this site; the previous home and accessory structures have been removed. Proposed Use Analysis: A variety of uses are proposed on lots in the subdivision including vehicle sales and service and retail sale of vehicle accessories; retail; and office uses. Vehicle sales and service is listed as a principal permitted use in the C-G district and is subject to the specific use standards listed in UDC 11-4-3-38. Retail sales and professional services (i.e. offices) are also listed as a principal permitted use in the C-G district. Other uses are allowed as noted in the Allowed Uses in the Commercial Districts Table 11-2B-2. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the C- G zoning district in UDC Table 11-2B-3. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Access(UDC 11-3A-3) One(1)public street access(S. Spanish Sun Way)is proposed via W. Overland Rd. in alignment with that to the south. Direct lot access via W. Overland Rd. and S. Linder Rd. is prohibited. One(1) stub street(W. Tasa St.)is proposed to the west boundary for future extension in accord with the Transportation System Map in the TMISAP. A temporary cul-de-sac is required to be constructed at the terminus of Tasa St.until the street is extended in the future. Page 8 Page 124 Item#7. Cross-access/ingress-egress easements are required to be granted between all lots in the subdivision in accord with UDC 11-3A-3A.2. Capital Improvement Plan(CIP)/Integrated Five Year Work Plan(IFYWP): Per the ACHD report,Linder Rd. is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and widened to 5-lanes on each side of I-84 with a level 3 bike facility from Franklin Rd. to Overland Rd. in the future. The intersection of Overland Rd. and Linder Rd. is listed in the CIP to be widened to 6-lanes on the north and south legs and 7-lanes on the east west legs and signalized between 2036 and 2040. A future traffic signal is planned in the CIP at the Linder/Overland Rd. intersection and scheduled for 2031-2035 but may be accelerated if the Linder Rd. overpass becomes a priority. For this reason, and because Overland Rd. is fully built-out, a Traffic Impact Study(TIS)was not required by ACHD with this application. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C- 6B.1 for non-residential uses in commercial districts. Parking stalls and drive-aisles should comply with the dimensions in UDC Table 11-3C-5. Pathways(UDC 11-3A-8): A 10' wide detached multi-use pathway is proposed as required within the street buffer along S. Linder Rd. in accord with the Pathways Master Plan. The pathway should be placed in a 14- foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3A-1 : Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17; detached sidewalks/pathway are required along W. Overland Rd. and S. Linder Rd.,both arterial streets. and per the guidelines in the TMISAP. In accord with the TMISAP and UDC 11-3A-17E,Staff recommends minimum 5-foot wide detached sidewalks are provided along all streets within the development. Sidewalks/pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers and should be distinguished from surrounding paving as set forth in the TMISAP (Crosswalks,pg.3-28). Parkways (UDC 11-3A-1 : Parkways are recommended along all streets within the development in accord with the TMISAP,planted with street trees and landscaping per the standards in UDC 11-3B-7C. The minimum width of parkways planted with Class II trees is 8-feet; the minimum with of parkway planters for Class I and III trees is 10-feet. Planter widths for Class 11 trees may be reduced to 6-feet if root barriers are installed per the standards listed in UDC 11-3A-17E. Landscaping(UDC 11-3B): A 50-foot wide street buffer is required adjacent to 1-84; 25-foot wide buffers are required along W. Overland Rd. and S. Linder Rd.,arterial streets; and a 10-foot wide buffers are required along S. Spanish Sun Way and W. Tasa St., local streets,per UDC Table 11-2B-3,landscaped per the standards listed in UDC 11-3B-7C. Street buffers with detached sidewalks are measured from back of curb. All street buffers are required to be maintained by the property owner or business owners' association per UDC 11-3B-7C.2b. Page 9 Page 125 Item#7. If residential uses abut any of the lots at the time of lot development, a minimum 25-foot wide street buffer shall be provided, landscaped per the standards in UDC 11-3B-9C. A residential use currently exists on the abutting property to the west. Landscaping is required adjacent to the pathway along S. Linder Rd. per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. There were existing trees on this site around the home that have been removed—the Applicant states these trees were diseased and trash trees that did not require mitigation. If any other trees exist on the site,mitigation may be required per the standards listed in UDC 11-3B-1OC.5. Contact the City Arborist,Matt Perkins,prior to removing any additional trees from the site to determine mitigation requirements. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical En ing eering Report for the subdivision. The preliminary plat depicts an existing ITD storm drainage facility at the northeast corner of the site that is proposed to remain. Pressure Irrigation(UDC 11-3A-151: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the boundary of Nampa- Meridian Irrigation District;water delivery is from the Kennedy Lateral which is piped along Overland Rd. The Applicant proposes to install a pressure irrigation system along with a pump station adjacent to W. Overland Rd. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. An existing 12-inch water main is located within Overland Rd.with a second 12-inch water main within the Linder Rd.right-of-way. An existing 30-inch sewer main line is located within Overland Rd. Waterways(UDC 11-3A-6): The Hardin Drain is a large open waterway that lies within a 40-foot wide easement across the northeast corner of the site that is proposed to be piped with a 36-inch reinforced concrete pipe in accord with UDC 11-3A-6B.3. This project is not within the flood plain. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall chain- link fence exists around the ITD storm drainage facility which is proposed to remain. No fencing is depicted on the plan around the Kendall Ford; Staff recommends if fencing is proposed for security that it be of a higher quality than chain-link(i.e.wrought iron)—the Applicant should clarify at the hearing if fencing will be proposed and if so,what type of fencing is proposed. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the Kendall Ford site as shown in Section VII.D. Two (2) single-story structures are proposed on Lot 1,Block 1 with building materials consisting of ACM panels(i.e. aluminum composite), corrugated horizontal metal panels, CMU in two(2)different colors;metal sunscreens and canopies are proposed over some windows. Page 10 Page 126 Item#7. Overhead doors are proposed on the north, east and west sides of the building. Final design must comply with the design guidelines in the TMISAP and the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement and preliminary plat per the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on April 15,2021.At the public hearing.the Commission moved to approve the subject AZ&PP requests. 1. Summary of the Commission public hearing: a. In favor: Becky McKay,Engineering Solutions b. 1n opposition:None C. Commenting d. Written testimony: Becky McKay,Engineering Solutions (in agreement with staff rTort) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission. a. In favor of the location of the proposed use and site design. 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard these items on June 1,2021. At the public hearing.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City_ Council public hearing: a. In favor: Shari Stiles,Engineering Solutions b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. Council allowed one building permit to be issued for Kendall Ford prior to recordation of the plat with the caveat that it's subject t to approval by the Building Department(see condition#A.1 f in Section V1111. Page 11 Page 127 Item#7. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map Legal Description Annexation & -G Rezone - Proposed Artemisia Subdivision A parcel being a portion of the SE /4 of the SE f4 of Section 14, Township 3 Nortn, Range ' Wwit, Boise Meridiark,Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '.of said Section 14 bears N 89'1941'W a distance of 2861.68 feet; Thence along the southerly boundary of said SE X of the SE %, also being the centerline of VV. Overland Road, N 89"19'41"W a distance of 923-89 feet to a point; Thence leaving said centerline and southerly boundary N 0'44'19" E a distance of 1218-11 feet to point on the centerline of Interstate 84; Thence along Bald Centerllne S 89`34W" E a distance of 921.31 feet to a point on the easterly boundary of said SE V4 of the SE '1, also being thie centerline of S. Linder Road, Thence leaving the centerline of said Interstate 84 and along said easterly boundary and S. Linder Road oenteriine S 0`32'59" VVa distance of 1213-95 feet to the POINT OF BEGINNING. This parcel Contains 25.67 acres and is subOct to any easements existing or in use. Clinton W. Hansen, PLC Land Solutions. P p,i Lq s March 5, 2021 Tg IL I � �ons Artemisia Subdivision—AA tian 8 Rezone --' �rwww,�n ^nCwwng 3Db MD.19-72 P�ryR 1 of 1 Page 12 Page 128 Item#7. CITE' OF MERIDIAN ANNEXATION & C- REZONE i E PROPOSED ARTEMISIA SUBDIVISION A POR7104 OF THE SE 114 OF THESE 114 OF SECTION 14, T-3N R.1W W. B.M. CITY OF MERIDIAN_ADA CiDUNTY, IDAHO ;Ii It p' 100` 209 409 r- L'39'34'd 1. 1- WSTATE 84 I S FE Y; 25.67 ACRES f- rd 1d 1737.7§' 92389' Polly OF RZGINNIN 14 I3 1�4 — 23 NM]9'41'w 2661.d8' W. OVERLAND RD, 2v 24 L{ r BASIS OF BEARING � T ` 5 �^ Latnd- luin Lead Surveying and Qmsulting OF g51 a: erw 37 $rF A O �0' E LRIOWY.to 83642 +� 12 0 91 291-.NG 6mal 2ee,7557!« ww.krKlxlullors 612 ,pg 1q 1g-7� Page 13 Page 129 Item#7. B. Preliminary Plat&Phasing Plan (date: 1/27/2021) PFAEUMIHARY PLAT gg ARTEMISIA SUBDIVISIO 3g wapgixx,lonxo I'�g � pp7ptl 6�e �2021�mr J t PFAMECT SFM j -------------------------------------------------------------------------- v + `•. �., �..� - '��•. '``t��''C�I r ix I.QI.I.—rw.,.. `I � xm��n<•u ys+nee� �O L T I Iwcn�/j i 6 r �Y o�aaulcJ — V7� EE Page 14 Page 130 Item#7. C. Landscape Plan(date: 3/1/2021) LANDSCAPE NOTES I U ig I I 0 � GENERAL NOTES.o 0 I � cur '•�`�,�� LLWILWIIIIIIIIII''I II IIII IIIIIIIIIII�lI III�II�II�I � III !I _=®���-�_- @fl l IIIIIIIIIIIIIIIillllll IIIIIIIII III IIIIIIIIIII IIIIIII t I j I ON i IIIIIII ���I ILI ffv _ $F I ._. R 0NF_ ` ARE REE - _ _ pLAN0.5CAPE CALCULATIONS A TWO i ARE OUR 9 CWRALL LANDSCAPE PLAN, �e 9 N L7.00 PLANT SCHEDULE .-....-�-^•���r�•n-ter.-r-m _ WE o :r. I 0 _ s 7 �` •., :; �'�� � III m �.» d euILOINc i euILOINc z o I. 0 MFTCHLINE-SEE SHEET L1.10 I � ' ` 1'i3' HLINE.3EESHEE r r1 F�n i—q R © L7-70 Page 15 Page 131 Item#7. PLaNrscnEouLE — — - -_-- - ---- ----_- -----IAM1TCHIIE-SEE SHEET L1.10 ----- I -__ �..� .I•g HLINE-5EE5HE ��e g SIR F ,€ T 4,¢ ---------- _ ------ --- q t� •' •I I a _ L �J RANTSCHENNLE ll :� I RUT $3sYlll . ' I 1 I 0 _ L : I la'm I0 &� m I AATCH'� ESHEFf LI 3H ' -f-i-----RTC' .iEE SHEET L1.40 - - iLl Page 16 Page 132 Item#7. o PLANT SCHEDULE I I ❑� �_ MATCH�B��SH�fL13C_ I I i' Ala fw i io = o. L>fLjN � o. i =� . . . . . . . TEN i C G U L LMILELim - - a L L�:VATIGN log FLAN VIEW :,� SIGN-DETAIL ° I y ——— VFUV'H"+ANOAT}— i -21 1 0 LANDSCAPE PLAN:AREA FOUR e© FL140 o LANDSCAPE SPECIFICATIONS k = w»o.�xs uw ; 32 Pi Nmmiiivneo uu'--ua,wr,rc.auv ' w �� i x.��:�i"��a°.'i'.«�w.A"��r✓x� m a+ss"'°-.��®ro.���..®wn. M17�li ' ` TIff RJWINO DETAL v COIF6iOIB liff PI-ANIYO LrEfIV< ,n xwP r.e + ° ..n �i eewnw uxrex I — o.em.�xr... � i x nxamw ns,exn annex evn y�,l';6 nLLa wnxvi uu.nxn rwve - .na-en.. i ii i i.. aepe 8NP1B%_ANRtl�ETALLO'� I' _ I.. Pi Vwwr ,i ii ixi iii n..iw..r iw i - ii y..l u.i n o W m a 0 0 0 ~Lzoo Page 17 Page 133 Item#7. D. Conceptual Building Elevations (dated: 2/2/2021) SG HELEVATION `vvW w @iY—• � J �• W 7 Z =ORiH ELEVATION d`�p S Y 0 5 a z W Y 0 w _ o avwR— Iv r1EA5T ELEVATION d�� y �\WEST ELEVALM]N .+ RlEltl]It tClIXi ElEV0.T1M8 A31 KENDALL OVERLAND KE , " LL SOUTH VIEW FUDoW IRIDIAN JUNIN Wpm% Page 18 Page 134 Item#7. KENDALL OVERLAND SOUTH VIEW 1 SERVICE e �r KENDALL OVERLAND ' SOUTH VIEW 1 - SERVICE KENDALL OVERLAND C SOUTH WEST VIEW 1 k= Page 19 Page 135 Item#7. KENDALL OVERLAND C NORTH VIEW ''' rrmrIIIIIIIIIIIIIIIIIII KMVALL4fM KENDALL OVERLAND C � NORTH VIEW I(EN00.L. i'M .� KENDALL OVERLAND C NORTH EAST VIEW Page 20 Page 136 Item#7. � T KENDALLOVERLAND SOUTH EAST VIEW I ''' ' Page 21 Page 137 Item#7. E. Undated Site Plan(dated: 3/2/2021)Presented at City Council Hearing—NOT REVIEWED OR APPROVED BY PLANNING STAFF RVf 539°3631'E 275J0' Nor3VOE 335.13• KLFF M Sam, R4385 Z a� LL w o j a # o "s .. .. Z 6 8 LU W.TASA S MEET- � � CL s --w ao�ra=n nencmemass `3G' d ------------- - A __ � a Ad W 333.B3 ""N8319'41'^N 45845' V 14 13 BASIS OF BEARING D 24 a Pd W.OVERLAND ROAD PROPOSED SITE PLAN 05-27-21 �wENau T-� SRE PIAN .M A1.0 Page 22 Page 138 Item#7. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations submitted with the annexation application contained herein. b. Prior to development of the commercial/office portion of the development,the development agreement shall be amended to include a conceptual development plan that demonstrates consistency with the land use,transportation and design elements of the Ten Mile Interchange Specific Area Plan(TMISAP), including but not limited to the following: (1) Provide minimum 6-foot wide parkways/planting strips and detached minimum 5- foot wide sidewalks along all streets within the development(Pedestrian&Bicycle System,pg. 3-27). The minimum width of parkways planted with Class II trees is 8- feet; the minimum with of parkway planters for Class I and III trees is 10 feet. Planter widths for Class II trees may be reduced to 6-feet if root barriers are installed per the standards listed in UDC 11-3A-17E. (2) Sidewalks/pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers and shall be distinguished from surrounding paving(Crosswalks,pg. 3-28). (3) Street furnishings such as seating,newspaper racks,bollards,trash receptacles, bicycle racks and other elements important to the functioning of an effective pedestrian environment shall be provided(Street Furniture,pgs. 3-28—3-29). (4) Exterior lighting should be used to provide illumination for the security and safety of entry drives,parking, service and loading areas,pathways, courtyards and plazas, without intruding on adjacent properties. Site lighting should be architecturally compatible and consistent in design between sites. (Lighting,pg. 3-30). (5) Future development along Overland Rd. and internal local streets should incorporate street-oriented design consistent with the TMISAP for commercial developments. (6) Building orientation and setbacks should be close to the street with the main entrance of buildings oriented to the street(Street-Oriented Design,pg. 3-33). (7) A continuous unbroken frontage along required build-to lines to a minimum height of 30-feet should be constructed for at least 75%of the property frontage. Adjustments to this requirement may be allowed, such as modest setbacks to accommodate additional sidewalk space for cafe seating, or breaks in frontage for the creation of pocket parks. New Buildings at street intersections should"hold the corners"and avoid introducing additional building setbacks unless a new public space is specified. Page 23 Page 139 Item#7. At least 40%of the linear dimension of the street level frontages shall be in windows or doorways; street level windows shall be clear or tinted visually permeable glass (mirrored or reflective glass is prohibited). Window sills shall be located no higher than 3'6"above adjacent exterior grade; headers shall be located no lower than 8'0" above adjacent exterior grade.No wall frontage shall continue uninterrupted by a window or a functional public access doorway for a linear distance of greater than 12'. The principal doorway for public entry into a building shall be from the fronting street. Corner entrances may be provided on corner lot buildings (Commercial and Mixed-Use Buildings,pg. 3-33).No parking should be placed between a building and the fronting primary or secondary street(Commercial Activity Centers,pg. 3-37). (8) The space between a building facade and the adjacent sidewalk or walkway should be appropriately landscaped with a combination of lawn,groundcover, shrubs and appropriate trees (Building Facades,pg. 3-38). (9) Low-rise buildings of 2-4 stories over much of the area is desired(Building Heights, pg. 3-38). (10) Buildings should be designed with clearly delineated bases,bodies and tops(Base, Body and Top,pg. 3-39). (11) Comply with the general recommendations for Activity Centers noted on pg. 3-40. (12) Awnings shall be provided on building facades for climate protection for pedestrians and shall extend a minimum of 5-feet from the facade of the fronting structure—8- feet is preferable in wider pedestrian environments(Awnings,pg. 3-45). (13) Signs should be designed to contribute to the overall character,identity and way finding system. The colors,materials, sizes, shapes and lighting of signs should be compatible with the architecture of the buildings and the businesses they identify (Signs,pg. 3-46). (14) High quality public art should be incorporated into the design of streetscapes,public buildings,parks,transit,infrastructure, and other public projects(Public Art,pg. 3- 47). (15) Open civic spaces should be provided in commercial activity centers/mixed use environments and should be located adjacent to an accessible from at least one primary street(3-48). c. Minimum 5-foot wide pedestrian walkways shall be provided from the perimeter sidewalks along Overland and Linder Roads to the main building entrances in accord with UDC 11-3A-19B.4a. d. Internal pedestrian walkways shall be provided between buildings within the site for pedestrian connectivity. Internal walkways shall be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4b. e. All future structures constructed on this site shall comply with the design guidelines in the TMISAP and the design standards in the Architectural Standards Manual. f. The final plat shall be recorded prior to issuance of building permits for any structures beyond those on the Kendall Ford site(i.e. Lot 1,Block 1). The Kendall Ford site is Page 24 Page 140 Item#7. allowed to develop and obtain building permits prior to recordation of the plat. subject to approval by the Building Department. g. Compliance with the specific use standards listed in UDC 11-4-3-38: Vehicle Sales or Rental and Service is required. h. If fencing is proposed for security around the Kendall Ford site,it shall be of a higher quality than chain-link(i.e.wrought iron). 2. The final plat shall include the following revisions: a. Include a note prohibiting direct lot access via W. Overland Rd. and S. Linder Rd. b. Include a note granting cross-access/ingress-egress easements between all lots in the subdivision in accord with UDC 11-3A-3A.2. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Include a calculations table on the plan that demonstrate compliance with the standards for street buffer(11-3B-7C),pathway(11-3B-12C)and parkway(11-3B-7C)landscaping; include required vs.provided number of trees. b. Include mitigation information for any existing trees that are removed from the site in accord with the standards listed in UDC 11-313-10C.5. Contact the City Arborist, Matt Perkins,prior to removing any trees from the site to determine mitigation requirements. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 6. A 14-foot wide public use easement for the multi-use pathway along S. Linder Rd. shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 This project has been granted permission to sewer the northern portion of the property outside of its designated sewer shed. 1.1.2 The applicant shall provide a deposit for the future construction of an 8-inch sewer main along the North portion of property. The deposit shall be 125%of the construction bid. The deposit must be provided to the City prior to signature of the final plat. 1.1.3 The applicant shall provide a sewer utility easement for the future construction of an 8-inch sewer main along the North portion of the property. The easement shall be 20-foot-wide and free from any permanent structure including buildings, fences,trees,bushes, etc. There must also be a point of access provided for future access to the main. 1.1.4 Provide a valve to the North and West side of the water tee located in the future Linder Road overpass. 2. General Conditions of Approval Page 25 Page 141 Item#7. 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. Page 26 Page 142 Item#7. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping,amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, Page 27 Page 143 Item#7. cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridianciiy.org WWebLinkIDocView.aspx?id=224777&dbid=0&repo=MeridianC Lty D. CENTRAL DISTRICT HEALTH DEPARTMENT https://weblink.meridianciV.org/WeUink/DocView.aspx?id=225351&dbid=0&repo=MeridianC iv E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=22 53 72&dbid=0&repo=Meridian C iv F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=226077&dbid=0&repo=MeridianC G. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.org/WebLink/DocView.aspx?id=224816&dbid=0&repo=Meridian C Lu H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=225900&dbid=0&repo=MeridianC Lu IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to C-G and subsequent development is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of a mix of commercial/office uses which will provide for the retail and service needs of the community consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. Page 28 Page 144 Item#7. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware of any health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 29 Page 145 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Linder Village (H-2021-0034) by CSHQA, Located at 6308 N. Linder Rd. Page 146 Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER ,. In the Matter of the Request for Modification to the Use Area Plan in the Development Agreement (Inst.#2019-028376)to Include Financial Uses in the Area Currently Designated for Specialty Retail and Restaurant Uses,by CSHQA. Case No(s). H-2021-0034 For the City Council Hearing Date of: June 1,2021 (Findings on June 15,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 1,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 1, 2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER VILLAGE—MDA H-2021-0034 - I - Page 147 Item#8. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of June 1, 2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement.Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 June 1,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER VILLAGE—MDA H-2021-0034 -2- Page 148 Item#9. By action of the City Council at its regular meeting held on the 15th day of June 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-15-2021 Attest: Chris Johnson 6-15-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-4 5-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER VILLAGE—MDA H-2021-0034 -3- Page 148 EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 6/1/2021 Legend DATE: letPraject Lacaiiian TO: Mayor&City Council FROAM: Sonya Allen,Associate Planner R-4 RT 208-884-5533 s .HTR1 h+UJ SUBJECT: H-2021-0034 Linder Village RUT R- LOCATION: The site is located at 6308 N. Linder Road at the northeast corner of N. Linder R' Road and W. Chinden Blvd., in the NW RUT %4 of Section 25,Township 4N.,Range R. 1 W. �8 C R 1 fib® R. R.8 n I. PROJECT DESCRIPTION Modification to the Use Area Plan in the Development Agreement(Inst. #2019-028376)to include financial uses in the area currently designated for specialty retail and restaurant uses. II. SUMMARY OF REPORT A. Applicant: Mandie Brozo, CSHQA—200 Broad St., Boise, ID 83702 B. Owner: Dave McKinney,High Desert Development Linder Village, LLC—2537 W. State St., Ste. 110, Boise,ID 83702 C. Representative: James Marsh, CSHQA—2537 W. State St., Ste. 110,Boise, ID 83702 III. STAFF ANALYSIS The Applicant proposes to amend the existing Development Agreement(DA)(Inst. #2019-028376)to update the Use Area Plan to allow for a financial institution in the area currently designated for specialty retail and restaurant uses at the northwest corner of the site.No other changes to the uses shown on the Plan are proposed.The Use Area Plan in Section V.B is included in the existing DA;the Plan in Section V.E is proposed. Substantial compliance with the approved Use Area Plan is required as a provision of the DA (i.e. #5.1a) to ensure a minimum of three (3) land use types [i.e. commercial (includes retail, restaurants, Page 1 Page 150 Item#8. etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.) and industrial] are provided within this development consistent with the guidelines in the Comprehensive Plan for the associated Mixed Use—Community(MU-C) Future Land Use Map (FLUM) designation for this site. The conceptual development plan and site circulation plan have also been updated to reflect the proposed reconfiguration of the site layout in the area where the financial institution is planned; the adjacent building footprint to the east now includes a drive-through. The pedestrian circulation plan depicts reconfigured pathway locations consistent with the new site design. The proposed change to include financial along with the retail and restaurant uses will still ensure a mix of land uses are provided as desired in the MU-C. Because the proposed change increases the types of uses planned for this area which is desired, Staff is supportive of the requested amendment to the DA. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA as proposed by the Applicant. C. The Meridian City Council heard this item on June 1,2021. At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: James Marsh, CSHOA: David McKinney_ ;Dusty Woolstenhulme: Mandie Brozo. CSHOA b. In opposition:None c. Commenting: Sally Reynolds: Denise LaFever d. Written testimony: Norman&Julie Davis; Sally Reynolds e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Not in favor of the proposed change to the Use Area Plan to include financial institutions:prefers restaurant&specialty stores in this location since there are two other financial institutions within walking distance of this site: b. No issue with proposed chance C. Concern about blight resulting from repurposing of the bank building across the street with development of the proposed bank on this site. 3. Key issue(s)of discussion by City Council: a. Extent of road widening improvements and timing for completion; b. Traffic calming within the site and in Bacall on the southern portion of the site. 4. City Council change(s)to Staff s recommendation: a. None Page 2 Page 151 Item#8. V. EXHIBITS A. Existing Conceptual Development Plan(dated: 12/13/18) W.GHINDEN 6LV _ - 1 FUTURE OFFICEi RETAIL- DEVELOPMENT sY to.:L.; 10 4#u nf'C yam,£w.` k --- -- --- ----- i f 1.ma.yy AO Ap P►Lw ew,%R AIR ZJ• r .. �. ....'.... 3 y� FUTURE RESIDENTIAL FUTURE RESIDENTIAL DEVELOPMENT DEVELOPMENT ■ I �{1r,,,gNr PLAN CSHOA CONCEPT SITE ibw PLAN Page 3 Page 152 Item#8. B. Existing Use Area Plan(dated: 10/8/18): SPECIALTY RETAIL& I FASTlCASUAL AUTOMOTIVE! j MIXED * RESTAURANTS FOOD&BEVERAGE FUEL RETAII-IHEALTH& —---— — — —-- —-----— MEDICAL --- -- ------- --------------------------------------- - — — --- ----------- — ----- — --- ---- — — -- — -- -- L� r � J r.--. `' UHfNHHIW �Po ENTERTAINMENT FUTURE - - OFFICElRETAIL J F - RETAILICIVIC -ilf� ¶ e lSOFTGDODS DEVELOPMENT 41 I COMMUNITY GROCERY r: &LIVEMORK RETAIL DEVELOPMENT ---- FUTURE RESIDENTIAL _ DEVELOPMENT Nli 'lil ill I I I l III CSHEMIX USE AREA CLIfIR:OM6 Rwl Eam[e Pannm.LLL SW�>B PLAN GRANANG TR�I£.lll xµNee Plm I PROIELTII. O]TR Arm— � MW Page 4 Page 153 Item#8. C. Existing Site Circulation Plan(dated: 10/8/18): CHINDEN IMPROVEMENTS PER STARS AGREEMENT unnm nunn~ - nlnimunnnuniinulnmliniiinmiimmlimnuiiiwuiiilnulominiiimni�imniii�i miiouniimnuonmiioummmummunlmu------ l I rn� ,1155n ,,51I1 ZZ =, LU 11 3 W� = FUTURE OFFICE/RETAIL O 91 I � '_ DEVELOPMENT -- IL O ':.I s O - „5l1„INf�NNIu il_, UiJ� - IDuiuiu Nllllll Blpiuuiuiuu5lw - -==-f=_ LU Ip _11111 CANNEGTION POINT TO ❑W Flf4 ROADWAY a I O _�• m _ 7 t\,55 AO.IALEW PAR a NE BIDS STOF t1 VV IIYI uurw Tp-�-:�iI�fl•I".IH.",.tI.-w�Hl.-J.l-.oJ..-mg..-.-�•-•-I-- `i t..�--•-u-,_1 __—__—`1_ wr _5_,�5_5_1 5mN•5_`"_1 1.5_11 1___=_1y 111u1 HHIINt!!,,Nn!l!!W1NC!-�1l!11!I!fn1.I!I1NII 11If,1IR1II1-rt1 1t1l�11A11r1111mII1lH1l1 yH1^1H 1Nl1'1l1 lll!r!l! !!! 1 1!N1n 11 g'!II!,II NkII!IflI1EI11IIjI Ill{1I1'I 5jJ5jI5NI1+nrpp45,........... 1l nuvuin111�"IImWmrtnunun,05 1h n11'11I il11 V1111i 1i1 11r11h 1NII1'1II1I i11II_Vq1_1�,1r_u�S�Y1N I1'4f1iI 4h5y't5K'RihVhWt'hiI,1V_--_P-i V h'hVhWthiVl'iii__ ------— — -- AJ IJUACINEGN r RO AY �EIin FUTURE RESIDENTIAL E OIW M Ili-DEVELOPMENT SIDM Ill1 it]HH1111111! lNN11111 S`�kC ` iF YI II IINNI NIf11H_I{IININIOIH111 Hll,IfJIrfINI1,I,IIt11N IJl IJJf t. .NE'Jr STR=E R I I II I AC1 STNJLVJiOG IXISTING R6YONlAY EkTElJ51/N CONNE1 1111N MIIRTOAQ EWSIJBDIVISIDN CSH%Q-"A-lx CIRCULATION PLAN Page 5 Page 154 Item#8. D. Proposed Conceptual Development Plan(dated: 5/25/2021): s FUTURE OFFICE!RETAIL lil .r DEVELOPMENT ------------- i P 5 xAY of wf'PLF I'yw?9..�M 9t► ,�� � �. .. y.J -�.. .y .. Y� —— '! 1 s ti FUTURE RESIDENTIAL FUTURE RESIDENTIAL DEVELOPMENT DEVELOPMENT a 1 CONCEPT PLAN CSH CONCEPT "� �� Orchard SITE PLAN � o �� P Page 6 Page 155 Item#8. E. Proposed Use Area Plan(dated: 5/7/21): SPECIALTY RETAIL, MOT SAURANT MIXED l RE FINANCIALS& FOOD&BEVERAGE ' AUTO IVEI -_-i RETM€WCAAL H& - - ------- ---J __ ------------------- - -- - ----- -------- ------ ------ - ;�,• � uflNNHH{� @ de ${ ENERTAINMENT/ FUTURE � OFFICE/RETAIL J RETAILICIVIC @9 6 SOFT GOODS DEVELOPMENT ------------- R ------------ COMMUNITY GROCERY ---- &LIVElWORK RETAIL E3 i DEVELOPMENT - II - - - .W FUTURE RESIDENTIAL r, DEVELOPMENT F -T r - - --I --I-- I-- T -I - 1 -- i- - -I - - -- -i ----- ---- 1 � - - - - ----- III I I I I I I I I I I III�I USE AREA CSHOA • Orchard aRrE �,orz R� PLAN pi Park Page 7 Page 156 Item#8. F. Proposed Site Circulation Plan(dated: 5/7/21): CHINDEN IMPROVEMENTS PER STARS AGREEMENT �111111111 111111_1111111 11111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 11111111 111111111111111111111111111111111111111111111111111111111111111111111111111111 11111 - --I ----------------- --TIN IIfTI{IrynstflT°=-'--- --------- - - ------ -------- ------ --— -0 'JVIImW lllllllllllllllll11lllll l l ll...luunluulu Z~ '' - - -Y'nu -_ � uu�11y,R41Jpuuanu�muuuuunuulu lDl�lllll�ll�IIIII��IIII Z 1111111 Yllllllj�i 11 IIIIIIA I WW _ o _ IT o FUTURE OFFICEIRETAIL O ° - - DEVELOPMENT 0 W -' • !1111 ,• ..- .. fIrstl =1 - IflIIII11111111111111111�111111 n11U FIJIUR ! Q � rrminlmm i ``��J W = ..vnoxe _ —__ EROADWAY -II ""D° _ ""' .n ��N,``` CONNECTION POINT T. T J a ADJACENT PARCEL ES 1uuulll.NuunluNm."��������� ? - IEW Bus STOP _I LJllilllii lllllau' f11 HI111111flIIlif11111111111 1411111111IIIIIIIIIIII IIIIIIIIIIIII IIIAII II1i111111I11111111111111 ' � "" � � =11111111111111111111111111111111111111111..... 11111111111111111111111111111`JIB EXISTING RGADWAY I 1/IIIIIIIIYrI'A-IIIV�II IIIOIIIIIIIIII II II-_. -- ON CONNE TI 1-I FUTURE RESIDENTIAL - - G ENSITlory POlrvT To ......11111 DEVELOPMENT 11'I111111111111= '`"' "'2"' ADJACENT ��--- SUBDIVISION _ - IB I11111111111111 llrl L [Iy 1111t11'IIrf111114111Nf111!?IIi1111N11llll lllll?Ir11111111111111 �_ r--- - N11�1 I IIDII 1141111 IIIIII ` IIIIIi - I -� NE ETW STRE PER � Illlll I ACND STANDARDS EXISTINGROADWAYE ENSION' GONNE'GTIO N POINT TOADJACENT SUBDIVISION CSH� CIRCULATION •� Orchard rs"' I "TE /I w� PLAN Park Page 8 Page 157 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Shafer View Terrace (H-2020-0117) by Breckon Land Design, Located on the East Side of S. Meridian Rd./SH 69, Midway Between E. Amity Rd. and E. Lake Hazel Rd. Page 158 Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER , In the Matter of the Request for Annexation of a Total of 40.48-Acres of Land with R-2 (10.66 acres) and R-4(29.82 acres)Zoning Districts; and Preliminary Plat Consisting of 50 Buildable Lots and 10 Common Lots on 39.01-Acres of Land in the R-2 and R-4 Zoning Districts for Shafer View Terrace Subdivision,by Breckon Land Design. Case No(s).H-2020-0117 For the City Council Hearing Dates of: March 9,April 13,May 18, and June 1,2021 (Findings on June 15,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 1,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-0117 - I Page 159 Item#9. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 1, 2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation&Zoning and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of June 1,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-0117 -2- Page 160 Item#9. agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 June 1,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-0117 -3 Page 161 Item#10. By action of the City Council at its regular meeting held on the 15th day of June 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-15-2021 Attest: Chris Johnson 6-15-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-15-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-0117 -4 Page 161 item#s. EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING June 1,2021 Legend L_J__ DATE: Continued from:March 9,April 13, and Ppd�ect Lcofl3tor F-1 #0 May 18, 2021 TO: Mayor&City Council -- � -- FROM: Sonya Allen,Associate Planner 208-884-5533 - SUBJECT: H-2020-0117 ; Shafer View Terrace—AZ,PP ; LOCATION: East side of S.Meridian Rd./SH 69, - midway between E. Amity Rd. and E. r Lake Hazel Rd., in the SW 1/4 of Section _ 31,T.3N.,RAE. (Parcels#R7824220044 &#R7824220042) I. PROJECT DESCRIPTION Annexation of a total of 40.48 acres of land with R-2 (10.66 acres) and R-4(29.82 acres)zoning districts; and Preliminary Plat consisting of 50 buildable lots and 10 common lots on 39.01 acres of land in the R-2 and R-4 zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 39.01 acres Existing/Proposed Zoning RUT in Ada County/R-2 and R-4 Future Land Use Designation Low Density Residential(LDR)(3 or fewer units/acre) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR) Lots(#and type;bldg./common) 50 buildable lots/10 common lots Phasing Plan(#of phases) 2 phases Number of Residential Units(type 50 SFR detached dwellings of units) Density(gross&net) 1.76 units/acre(gross); 3.30 units/acre(net) Open Space(acres,total 5.26 acres(or 18.55%)overall common open space—4.05 [%]/buffer/qualified) acres(or 14.27%)of which is qualified open space Amenities Multi-sport court,tot lot,gazebo shade structure,multi-use pathway Physical Features(waterways, The McBirney Lateral runs along the southern boundary hazards,flood plain,hillside) and through the western portion of the site.Another Page 1 Page 163 Item#9. Description Details Page waterway exists on the eastern portion of the site between the proposed R-2 and R-4 zoned properties. Neighborhood meeting date;#of 10/13/20; 14 attendees attendees: History(previous approvals) This property was previously platted as Lot 4,Block 1, Shafer View Estates,developed in Ada County and recorded in 2002(Bk. 84,Pg.9403). It was deed restricted and was only allowed to be used for open space as defined in the non-farm development section of the Ada County code and the planned development section of the Ada County code for a period of not less than 15 years from the recording date of the subdivision plat. This property was originally proposed to be annexed with the adjacent Apex development but was later withdrawn. B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes(draft) • Requires ACHD No Commission Action es/no Access Access is proposed via E. Shafer View Dr.,local street,and E. (Arterial/Collectors/State Quartz Creek St.,collector street Hwy/Local)(Existing and Proposed) Traffic Level of Service ACHD does not set LOS thresholds for state highways. Stub No stub streets exist to this property and no stub streets are Street/Interconnectivity/Cros proposed to adjacent properties. s Access Existing Road Network S.Meridian Rd./SH-69 exists along the west boundary and E. Shafer View Dr. exists along the south boundary. Existing Arterial Sidewalks/ No sidewalks or buffers exist along S.Meridian Rd./SH-69,a Buffers state highway,or E. Shafer View Dr.,a local street Proposed Road Capital Improvements Plan(CIP}f Integrated Five Year Work Plan(IFYWP): • The intersection of Amity Road and Meridian RoadISH-69 is listed in the CIP to be widened Improvements r to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg,and signalized between 2031-2035. • The intersection of Lake Hazel Road and Meridian Road/SH-69 is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg,and signalized between 2036-2040. • Amity Road is listed in the CIP to be widened to 5-lanes from Meridian RoadISH-6910 Locust Grove Road between 2036-2040. • Lake Hazel Road is listed in the CIP to be widened to 3-lanes from Linder Road to Meridian Road/SH-69 between 2036-2040. • Lake Hazel Road is listed in the CIP to be widened to 5-lanes from Meridian RoadlSH-6910 Locust Grove Road between 2036-2040. • Amity Road is scheduled in the IFYWP for pavement rehabilitation and pedestrian ramp construction from Meridian Road7SH-69 to Locust Grove Road in 2022. Fire Service • Distance to Fire Station 3.5 miles • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#6—can meet response time goals • Resource Reliability 87%-does meet the target goal of 80%or greater Page 2 Page 164 Item#9. Description Details P • Risk Identification 2—current resources would not be adequate to supply service (open waterways) • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will not require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance to 4 miles . Police Station • Police Response The average emergency response time in the City is just under 4 minutes(meets Time target goal of 3-5 minutes) Meridian Police Department-Shafer View Narth Location of new development- Las.-of N Merldlan Rd Between E Amity Rd&E Lake Hazel FLd ime Frame- Dl/01/2019-12/31f2024 Level of Service ILosl-Delivered By Reporting District IRD-M777) Calls for Service[CFS]: Response Times; Dispatch to Arrival(all units) Average Response Times by Priority- 'City of Meridian' PriorkV 3 3A3 Prrority2 fMPosvwawffhbstolom"esl 7:11 Priority 1 l+str Goof is w![14l015#0 20 mJrwfesl 10:37 Average RespbnSB TirdeS by Priorlty:'Iv1777' Priority 3 5A2 Priority 2 11:43 Priority 1 8:36 Calls for Service(CFS):Calls occurring In RD'M777' CFS count Total 55 %of Calls for Serwice split by Priority in'M777' *of P3 CFS 1.8% *of P2 LXS 74.5% Ag of P4 LT5 21.64L %of PO 0:5 0.0% Crimes Crime Courrt Total 22 Cr'aaltei 'Crash Count.Total 46 Analyst Note(si: Response Time and Calla For Service(CF51 by morlty-Most frequent priority tall types; •Pribei ty 3 balks involved Subject at the Door. •Priority 2 calls most frequently inmkved TrafFC Stapsr Stalked Vehides,and Welfare Checks 1911 Hang Ups)_ •Priority 1 calls m45t frequently involved N4 Contact Order Repgrtr VIN Inspections,and Citizen A55ift5- Crime loccurred date!-Most frequent crimes involved: Driving Under the Influence,and Liquor Law Violations(Open Container IDrlverl,Aloohollc Beverage Possesslon Under Age 21,etc.),and •druglNarcotic Ulalatlons(Possesslon of MarlJuana), 'Crashes-Most frequent crashes were; •41.1,%injury type crashes, •26.1-%property damage reports,and •324-M non-reportable crashes. arioelty Response rsmes ye8ned: Priority 0 type ca Its are no priority type of ca IIa Prliarlty 1 type calls are For non-emergency type of calls where the officer will arrive at the ea rilest oonwenlerKe,and shall obey all tMfit laws_ Priority 2 type calls require an urgent response where the officer will arrive as soon as practical,and should obey all traffic laws. Prlorh,y 3 type calls are an emergency response In which the Irghts and siren and driving as authorlmd far an emergency vehicle by Idaho Cade to facilitate the quick and safe arrival of an officer to the scene. West Ada School District • Distance(elem, ins,hs) Page 3 Page 165 Item#9. • Capacity of Enrollment Ca aci Miles [nn..m kh-1) Schools Mary McPherson Elementary' 481' 675 1.3 • #of Students Victory Middle School 868 IODO 2.8 Enrolled Mountain View High School 2218 2175 3.9 *Enrollment number is estimated for the 2021-2022 school year based on current enrollment and future growth in the respective attendance area.It reflects changes made to the Mary McPherson Elementary attendance area. • #of Students Predicted from 35 school aged children predicted from this development by WASD. this development Wastewater • Distance to Directly adjacent Sewer Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project See application Sewer ERU's • WRRF Declining 14.02 Balance • Project Yes Consistent with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions Water ) IL • Distance to Water Directly adjacent Services • Pressure Zone 5 • Estimated Project See application Water ERU's • Water Quality None • Project Yes Consistent with Water Master Plan • Impacts/Concerns See Public Works Site Specific Conditions Page 4 Page 166 Item#9. C. Project Area Maps Future Land Use Map Aerial Map (fLegend . (fLegend ' Proyeci Lcca-hor I Prnjeot Lorca on Medium Density Residenfial idnfi ed-Hig :�• - ensify - Residenfi Zoning Map Planned Development Map Legend R1 Legend RUT— ff ; 0Prayeci Lorca-nor IetProject Lacafkm -- R1 ;_1 City Limiit R-$ — Planned Parse R _ RUT R-4 w RUT RUIT A. Applicant: Mary Wall,Breckon Land Design—PO Box 44465,Boise, ID 83711 B. Owners: James Chambers, 39, LLC—5356 N. Troon Pl.,Boise,ID 83713 DWT Investments,LLC—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 C. Representative: Same as Applicant Page 5 Page 167 Item#9. III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 1/15/2021 2/19/2021 newspaper Notification mailed to property owners within 300 feet 1/12/2021 2/16/2021 Applicant posted public hearing notice on site 1/21/2021 2/26/2021 Nextdoor posting 1/12/2021 2/16/2021 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Low Density Residential(LDR). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails and other appropriate means should enhance the character of the area. The proposed development consists of a total of 50 single-family detached dwellings on large lots [i.e. 12,000 square foot(s.f.)minimum] on 39.01 acres of land at an overall gross density of 1.76 units/acre,which falls within the density range desired in LDR designated areas. This property abuts a County subdivision, Shafer View Estates,to the south and will provide a transition to future urban properties to the north, zoned R-4 and R-8. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Only one housing type, single-family detached, is proposed which Staff believes is appropriate due to the large lot sizes and density desired in LDR designated areas. The variety of lot sizes (i.e. 8,600-23,600 sf.) proposed will provide for diversity in styles of homes, which Staff believes will contribute to the variety of housing in the City to meet the preferences and financial capabilities of Meridian's present and future residents. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed density and lot sizes should be compatible with the rural residential homes/properties to the south on 1+ acre lots in the County and future urban residential development to the north and east in the City. Page 6 Page 168 Item#9. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01A) A 10 foot wide multi-use pathway is proposed within the street buffer along S. Meridian Rd.ISH--69 as required by the Pathways Master Plan and UDC 11-3H-4C.4. A total of 4.05 acres of qualified open space is proposed along with quality amenities (i.e. sports court, gazebo, tot lot, multi-use pathway). • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions(e.g.,traffic impacts, school enrollment, and parks)." (3.01.01A) The Traffic Impact Study(TIS)was not required by ACHD for this development. WASD submitted comments stating that approximately 35 school aged children are estimated to be generated by this development; enrollment at Mary McPherson Elementary School and Victory Middle School is currently under capacity and Mountain View High School is over capacity(see Section VIII.I).According to the Community Development's school impact analysis, enrollment at Victory Middle School will be slightly over capacity at build-out of building permits already issued in this area at 104%(Mary McPherson will be 95%and Mountain View will be 109%) (see Section VIII.J). The closest City Park to this site is Discovery Park, consisting of 77-acres, to the southeast on E. Lake Hazel Rd., Y4 mile east of S. Locust Grove Rd. A future City Park is designated on the FL UM within a half mile of this site to the west. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design features a 1:1, 2:1 and 3:1 transition in proposed lots to existing lots in Shafer View Estates to the south. These lots are separated by an existing 41 foot wide easement for the McBirney Lateral which provides an added buffer between rural lots and proposed urban lots. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. Page 7 Page 169 Item#9. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS( L0 A. Annexation: The proposed annexation is for 40.48 acres of land with R-2 (10.66 acres)and R-4(29.82 acres) zoning districts,which includes adjacent right-of-way to the section line of S. Meridian Rd./SH- 69 and to the centerline of E. Quartz Creek St. A total of 50 residential dwelling units are proposed to develop on the site at an overall gross density of 1.76 units per acre consistent with the associated LDR FLUM designation for the site. Although the proposed density is more consistent with an R-2 (Low Density Residential)zoning district,the Applicant requests R-4 in order to provide a transition in lot sizes between the existing rural residential subdivision to the south(Shafer View Estates) and the future urban residential subdivision approved to the north(Prevail Subdivision),zoned R-8. Larger lots are proposed adjacent to the southern boundary that gradually transition to smaller lots to the north. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area along with individual legal descriptions and exhibit maps for the R-2 and R-4 zoning districts are included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a new DA is required with this application, containing the provisions noted in Section VIII.A, as discussed below. B. Preliminary Plat: The proposed plat is a re-subdivision of Lot 4,Block 1, Shafer View Estates, developed in Ada County and recorded in 2002 (Bk. 84,Pg. 9403). This lot was deed restricted and was only allowed to be used for open space as defined in the non-farm development section of the Ada County code and the planned development section of the Ada County code for a period of not less than 15 years from the recording date of the subdivision plat. The required time period has elapsed and the lot is now eligible for redevelopment. The proposed preliminary plat consists of 50 buildable lots and 10 common lots on 39.01 acres of land in the R-2 and R-4 zoning districts. The subdivision is proposed to develop in three(3) phases as shown on the phasing plan in Section VII.B. The first and second phases consist of 28.35 acres and is proposed to develop with 50 single-family detached homes at a gross density of 1.76 units per acre and a net density of 3.30 units per acre with an average lot size of 13,444 s.f. The third phase consists of 10.66 acres and is proposed to be platted as one large lot that will be developed at a later date under a separate application by the property owner. This portion of the site is under separate ownership from the rest of the site and was previously illegally split off, therefore,it's ineligible for development until included in a subdivision to create a legal lot for development purposes. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property other than a private drainage facility on Lot 6,Block 6. Page 8 Page 170 Item#9. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted uses in both the R-2 and R-4 zoning districts per UDC Table 11-2A-2: Allowed Uses in the Residential Districts. Dimensional Standards (UDC 11-2A): Development of the proposed lots is required to comply with the dimensional standards of the R- 2 district in UDC Table I1-2A-4 and the R-4 district in(UDC Table 11-2A-5), as applicable. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and block face. Block faces are limited to 750' in length without an intersecting street or alley but may extend up to 1,000' where a pedestrian connection is provided as set forth in UDC 11-6C-3F.3. City Council may approve a block face up to 1,200' in length where block design is constrained by certain site conditions that include a large waterway or irrigation facility;block faces over 1,200 feet require a waiver from Council. A 90 degree turn in a roadway may constitute a break in the block face; however, overall pedestrian and vehicular connectivity will be considered when evaluating the appropriateness of block lengths greater than 750' in length—additional pedestrian and/or roadway connections may be required. The face of Block 3 exceeds 1,200' and does not provide a pedestrian connection other than the emergency access driveway which may serve as a pedestrian connection between the proposed subdivision and Shafer View Estates to the south. The Applicant requests City Council approval of the proposed block length due to existing site constraints that include the following: 1)the narrow configuration of the subject property; 2)the location of the McBirney Lateral, a large waterway/irrigation facility,that runs along the southern boundary and through the western portion of the proposed subdivision; and 3)the existing Shafer View subdivision that abuts the site to the south,south of the lateral,which does not include any pedestrian pathways or stub streets to this property.If not approved,the plat should be reconfigured to comply with this standard.An emergency access road for Fire Dept. is proposed between the end of the cul-de-sac and E. Shafer View Rd. but it's not a public access. The cul-de-sac length complies with UDC standards. Access(UDC 11-3A-3) Direct lot access is proposed via E. Shafer View Dr.,an existing local street along the southern boundary of the site, for the lots south of the McBirney Lateral;the lots north of the lateral will be accessed via two(2)accesses from E. Quartz Creek St., a planned collector street along the northern boundary of the site. The UDC(11-3A-3)restricts and limits access points to collector streets where access to a local street is available. Local street access is not available to the northern portion of the proposed development. Due to the configuration of the property,without the easterly second access,the cul-de-sac would exceed the maximum length standard of 500' allowed by the UDC(11-6C-3B.4). Therefore, Staff is supportive of the proposed accesses. An emergency access for the Fire Dept. is proposed between the cul-de-sac and E. Shafer View Drive. A public street connection is not proposed to E. Shafer View Dr. for several reasons, including the following: 1)residents in Shafer View Estates were strongly opposed to the connection; 2)modification to the McBirney Lateral would be necessary to design a public road in that location and the lateral is under the jurisdiction of the Bureau of Reclamation (BOR) and the process for modifications to their canal and an encroachment on their easement is very time consuming(i.e. 12+/-months)with no guarantees of approval; 3) approval from Nampa-Kuna Page 9 Page 171 Item#9. Irrigation District would also be needed has they have irrigation piping located in this area as well;4)a public road through that area would require a new pump system for the Shafer View Estates irrigation system as the road would go through the existing pump system—moving the pump system would also require moving/modifying a large BOR irrigation pipe that feeds the irrigation pump station; and 5)the cost of design and irrigation infrastructure work required to put in a public road is estimated to be $100,000.00 to$150,000.00(see Applicant's explanation for more detail). For these reasons, Staff does not recommend a connection is provided. Access to the R-2 zoned portion of the site is anticipated to be provided from the east as that portion of the site is planned to develop with the Apex development to the east. Direct lot access via S.Meridian Rd./SH-69 and E. Quartz Creek St. is prohibited. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. The proposed street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot. Staff is of the opinion sufficient parking can be provided for this development. Pathways(UDC 11-3A-8): A 10' wide detached multi-use pathway is proposed as required within the street buffer along S. Meridian Rd./SH-69 per UDC 11-3H-4C.4 and the Pathways Master Plan. The pathway is required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s)for Phase 1.If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3A-1 Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Where the multi-use pathway is required along S. Meridian Rd./SH-69,the pathway may take the place of the sidewalk. A combination of attached and detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways (UDC 11-3A-1 : Eight-foot wide parkways are proposed along all internal public streets where detached sidewalks are proposed. All parkways should be constructed in accord with the standards listed in UDC 11- 3A-17E. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to S. Meridian Rd./SH-69, an entryway corridor; and a 20-foot wide street buffer is required adjacent to E. Quartz Creek St., a collector street, as proposed. Landscaping is required to be installed within the buffer per the standards listed in UDC 11-3B-7C,which require buffers to be planted with a mix of trees and shrubs, lawn,or other vegetative groundcover. Street buffer landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. At a minimum, one tree per 8,000 square feet of common area is required to be provided along with lawn or other vegetative groundcover. Landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Landscaping is required adjacent to the pathway along S. Meridian Rd./SH-69 per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. The Landscape Page 10 Page 172 Item#9. Requirements table should include the linear feet of pathway with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. The Landscape Requirements table should include the linear feet of parkways within the development with the required vs.proposed number of trees to demonstrate compliance with UDC standards. There are existing trees on this site at the fronts of Lots 1-5,Block 6 along E. Shafer View Dr. If any of these trees are proposed to be removed,mitigation may be required per the standards listed in UDC 11-313-1OC.5. Contact the City Arborist,Matt Perkins,prior to removing any trees from the site to determine mitigation requirements. Noise Mitigation (UDC 11-3H-4D): Noise abatement is required for residential uses adjoining state highways as set forth in the standards listed in UDC 11-3H-4D. A 4-foot tall berm with a 6-foot tall solid wall by Simtek is proposed along S. Meridian Rd. as noise abatement as depicted on the detail on Sheet L1.0 of the Landscape Plan. Architectural elements are proposed to break up monotonous wall planes as required. A detail of the PFOPosed wall that demonstrates eomplinnee with the standffds listed in UPC 11 3H 4D should be submitted with the final plat foF the first phase of development-.Depicted on the revised landscape plan. Qualified Open Space(UDC 11-3 A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-313 is required for developments over 5 acres in size. Based on the area of the plat, 39.01 acres, a minimum of 3.90 acres of qualified open space is required. A total of 5.26 acres(or 18.55%) of common open space is provided within the overall development,4.05 acres(or 14.27%) of which is qualified per the standards in UDC 11-3G-3B, which exceeds UDC standards(see open space exhibit in Section VILD). Qualified open space consists of half the street buffer along S. Meridian Rd./SH-69, all of the street buffer along E. Quartz Creek St., 8-foot wide parkways, linear open space, and open grassy areas of at least 50' x 100' in area. Lot 9,Block 3 does contain a pond but it does not encompass more than 25%of the required open space area as required. The pond is required to have recirculated water and should be maintained such that it doesn't become a mosquito breeding ground as set forth in UDC 11-3G-3B.7. Qualified Site Amenities(UDC 11-3G1 A minimum of one(1) qualified site amenity is required for developments over 5 acres in size and up to 20 acres,with one(1)additional amenity required for each additional 20 acres of development area. Based on a total of 39.01 acres of development area, a minimum of one(1)qualified site amenity is required. A multi-sport court,tot lot, gazebo shade structure and segment of the City's multi- use pathway system is proposed in excess of UDC standards. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engineeringeport for the subdivision. The preliminary plat depicts an existing private drainage facility and existing&proposed ACHD drainage facilities and easements. Page 11 Page 173 Item#9. Pressure Irrigation(UDC 11-3A-1 : Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities (UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A-6): The McBirney Lateral is a large open waterway that lies within a 41-foot wide easement along the southern boundary of the site and through the western portion of the site. Another waterway 38' wide) exists on the eastern portion of the site between the proposed R-2 and R-4 zoned property within r€eel wide NN Pa-ad B m easement;the Applicant verified with the Boise Project Board of Control that the waterway is not within an easement. This project is not within the flood plain. The UDC allows waterways such as this to remain open when used as a water amenity or linear open space as defined in UC 11-1A-1; otherwise,they are required to be piped or otherwise covered per UDC 11-3A-613. The decision-making body may waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved. The Applicant is not proposing to improve the McBirney Lateral as a water amenity or linear open space but is proposing to install a 6-foot tall wrought iron fence along the waterway to deter access to the waterway and ensure public safety. The Applicant requests approval of a waiver from Council to allow the waterway to remain open and not be piped. The Applicant states the Boise Project Board of Control opposes any improvements within their right-of-way. The other waterway should be piped or improved as a water amenity or linear open space as required. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-6C for fencing along waterways and the general fencing standards in 11-3A-7. A mix of 6-foot tall wrought iron and 6-foot tall solid vinyl fencing is proposed adjacent to common areas; 6-foot tall wrought iron fencing is proposed along the McBirney Lateral. There appears to be gaps in the fencing along the lateral on common lots that abut the waterway; fencing should be included in these areas to prevent access to the waterway and to ensure public safety. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations have not yet been prepared for this development. However,the Applicant did submit several sample photos of 2-story homes that will be similar to those constructed in this development, included in Section VII.E. Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. Because homes on lots that abut S.Meridian Rd. and E. Quartz Creek St.will be highly visible,the rear and/or side of structures on lots that face those streets should incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Page 12 Page 174 Item#9. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on February 4, 2021. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Jon Breckon,Breckon Land Design((Applicant's Representative) b. In opposition:None C. Commenting: Marvin Ward, Gayle Ward d. Written testimony: Mary Wall,Breckon Land Design e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Concern pertaining to safety of access to Lots 2-5,Block 6 accessed via Shafer View Dr. with the configuration of E. Shafer View Dr. and change in grade in that area; b. Preference for 1-acre lots to be provided on the south side of the McBirney Lateral consistent with adjacent existing 1-acre lots in Shafer View Estates. c. Applicant testified they are willing to add more landscaping at the entry to the development near the S.Meridian Rd./SH-69 and E. Shafer View Dr. intersection. 3. Ke, ids)of discussion by Commission: a. In favor of the provision of additional landscaping at the entrance of the subdivision at the intersection of S.Meridian Rd./SH-69 and E. Shafer View Dr. as offered by the Applicant; b. Possibility of reducing the number of homes in the area south of the McBirney Lateral (Lots 2-6,Block 6)to enhance safety in that area; C. Concern pertaining to lack of comments from ITD; d. Would prefer a better transition in lot sizes to the south, specifically Lots 15-17,Block 3 (maybe lose a loth e. Discussion regarding the proposed amenities; f. Opinion that the style and size of the proposed homes should be compatible with adjacent homes in Shafer View Estates. 4. Commission change(s)to Staff recommendation: a. At Staff s request, include a condition for the 38' wide slough/drain on the eastern portion of the site to be contained entirely within a common lot(s)with fencing_required on both sides of the drain consistent with the standards in UDC 11-3A-7A.7b per UDC 11-3A-7A.7a; b. At Staff s request, include a condition requiring the common lot(s)containing the slough/drain to have vegetative groundcover to prevent fire hazard and unsightliness if the waterway is piped; and, C. At Staff s request,modify condition#9 to allow the option for the waterways on the site to be improved as a water amenity as an alternative to being piped as allowed by UDC 11-3A-6C.2 with submittal of construction drawings&relevant calculations prepared by a qualified licensed professional registered in the State of Idaho that demonstrates compliance with the requirements for water amenities as defined in UDC 11-IA-1. d. Include a condition for the entrance to the subdivision at the intersection of S. Meridian Rd./SH-69 and Shafer View Dr. to be improved with additional landscaping as offered by the Applicant; Page 13 Page 175 Item#9. e. Include a condition for one(1)buildable lot to removed in the area of Lots 2-5, Block 6 south of the McBirney Lateral. 5. Outstanding issues for City Council: a. The Commission requested an ITD review of the project and comments prior to the Council hearing; comments from ITD are included in Section VIII.N, b. The Applicant's request for a waiver to UDC 11-3A-6 to allow the McBirney Lateral to remain open and not be piped; c. The Applicant's request for a waiver to UDC 11-6C-3F.3b to exceed the maximum block length allowed of 1,200' as allowed by UDC 11-6C-3F.4; and, d. The Applicant's request for a waiver to UDC 11-3A-3 to allow two (2) accesses via the collector street(E. Quartz Creek St.,) along the northern boundary of the site. C. The Meridian City Council heard these items on March 9",April 13t'and May 18t''-At the Public hearing on May 18t'', Council moved to continue the subject AZ and PP requests to the June l' hearing. 1. Summary of the City Council Public hearing: a. In favor: Jon Breckon,Breckon Land Design(Applicant's Representative) b. In opposition:None c. Commenting: Marvin Ward d. Written testimony: Charles Bovd and Deborah Bovd e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Opposition to the lot sizes of the(4)lots accessed via Shafer View Dr.;would like lot sizes of at least 1-acre in size comparable with the 1 to 1.24-acre lot sizes in Shafer View Estates: b. Safety concerns pertaining to driveways so close to Meridian Rd. and the topography in that area which creates poor visibility because of the immediate incline from Meridian Rd.—requests the number of lots are reduced to 2 in that area to ensure no driveway_ s are placed near the top of the hill. 3. Key issue(s)of discussion by City Council: a. Council asked the Applicant if they were willing to pay their proportionate share for a right-turn lane as recommended by ITD—the response was ves,they are. Council would like more information from ITD in regard to when the turn lane would be constructed if funds are allocated for the improvement; what are future plans for widening/turn lanes for this area,how much money needs to be collected for turn lane before it's constructed?Does ITD have any other means of collecting funds for these improvements except through development. b. The safety of the access onto Shafer View from S. Meridian Rd./SH-69 and additional homes with driveways near the intersection conflicting with the topography in that area (incline from Meridian Rd.); C. The Applicant's request for a waiver to exceed the City_ 's maximum block face standards; d. The Applicant agreed to construct a right-turn lane if required by the City to ensure it's done in a timely manner rather than pay their proportionate share to ITD for the improvement. 4. City Council change(s)to Commission recommendation: a. Council continued this project to June 1st in order for Staff&the Applicant to work with ITD on northbound right-turn lane on S. Meridian Rd. onto E. Quartz Creek St. Page 14 Page 176 Item#9. (immediate need vs. long-term). See right turn lane exhibit submitted by the Applicant and conceptually approved by ITD in Section VIT F below. b. Council voted to include a DA provision requiring the developer to construct a northbound right turn lane on S. Meridian Rd./SH-69 onto E. Quartz Creek St. prior to issuance of the first building permit within the first phase of development in accord with ITD standards. C. Council approved the requested waivers to UDC 11-6C-3F to allow Block 3 to exceed 1,200 feet due to existing site constraints:to UDC 11-3A-6B to allow the McBirnev lateral to remain open and not be piped due to Council's finding that the public purpose requiring such will not be served and public safety can be preserved: and to UDC 11- 3A-3 to allow the two(2)proposed accesses via E. Quartz Creek St., a collector street. Page 15 Page 177 Item#9. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map �1 Ifs 1p .,ACCURATE SURPETINS t IIAPfINS -A- ftitPlo- Annexation Land Destriptiorr A parcel of land being a(portion of the north Half of the Southwest Ouarter of Section 311 Township 3 North,Range 1 East of the Boise M-eridian,Ada County,Idaho and all of Lot 4,Block 1 of Shpfer View EstMs Subdivision as reowrdetl in lBook 64 pf PIS#.at Pages 9403 and 9404, Records of Ada Caunlp,said parcel is located in-the North Half of the Southwest Quarter of Section 31,Tuwrislhip 3 North,Range 1 East of the Boise Merldiinan,uda County+.Idaho,being more particularity de bed as folbws, BE:GINN ING at the found aluminum cap man ument at the tartar-amer common to Section 31.T3N,RIE and Section 36.T3N,R1W as perpetuated bV document 103052690.Records of Ada--aunty,from which the fnu nd brass cap at the bcwnship Downer common to Township 3 North.Ranges 1 East and I West and Township 2 North,Ranges S East and 1 west as perpetuated by document 20194)15470,Records of Ada County hears 5 CC 05'17"E a distance of 2669.99 feet; Thence H 83'57'19"Ea long the mid-seEbon line for a diisitance of 2507-75 feet to the northeast{Omer of said Lot 4; Thence S OW 17'00"W along the easterly line Qf swiW Lp#A for a dl5tanCe OF 1342-40 feeC Thence along the wulhi!riy boundary of said Lot 4 th a following fi courses and d istances= 1-) N 99'52'35"W for a d4stanoe of 130A0 fee, 2-) N 23'55'33"W far a distance of 174-53 feet; 3-) N 16'35'10'W fora distance of 254.88 feet; 4.) N 14'42'14"W for a distarrce of 194.52 feet; 5-) N 31'29'55"Vd for a distance of 113.67 feet; 6-) N gy°3X 47'°W fora distance of 147.74 feet; Th ence S 34'28'44"W for a dicta nce of ln43 feet to the mnterline-of E.Shafer mew Drive; Thence N S5'19 49"W along said cent-erline for a distance of IGD.09 feet; Thence leaving said canteellne N 34'41'11"E for a distance of 10753 feet; Thence alorig the sautherly boundaryofsaid Lot 4 the following 15 courses and distances; 1_) N 04'09'19"E for a distance of 90.81 feet; 2,) N 26'42'26"W fora distance of 85.32 feet; 3_) N 56'39'37"W fo4r a distance of 97.95 Beet; 4_) N 75'35'35"W for a distance of 90-f!B feet; r 1 B02 W.Hays St..:&ude 306-Erni9e,ID 83702•Phckw:2054504-227- www.socuratt eunrnarc.amn Page 16 Page 178 Item#9. �4, ACCURATE � r � e a � SURMEfl�l6 3 Ii�PPl�16 5_) N 86"33' 28" VV for a distance of 135.49 feet; 6_) 5 71'44'26"W for a distance of 111,98 feet; 7_) S 60°59' 28"W far a distance of 112.30 feet; &. N 76'52' 47" W for a distance of 210.54 feet; 9j 5 78'31'59"W for a distance of 45.73 feet; 10_) S 51`53' 13" VV for a distance of 147,64 feet; 11.) 5 65'24'ST W for a distance of 258.22 feet; 12.) 517'39'49"W for a distance of 98.75 feet; n_) S 03'59'SY E for a distance of 50,00 feet; $a-3$fetm 3 longzhc arc of a 275.00fout radIuscurve rlght h"nga central angle of 18'24' 12"and a long chord bearing N 84'38' 15'W a distance of M_00 feet; 1S.) 5 28'48'47"HIV for a distance of 206-91 feet to th-e centerline of E.Shafer View Drive; Thence along said centerline the following 4 tourers and distances., 1.1 103.63 feet along the are of a 500.00 foot radius curve right having a central angle of 91'52'2V and a long chord bearing N 47'59'54" VV For a distance of 103,44 f eet; 2.� N 42"01'36'' W for a distance of 107.12 feet; 1.) 83.86 feet along the arc of a 100,00 foot radius curve left having a central angle of 48"02'45"and a long chard beating N 86'02'56"W a distance of 91.42 feet; 44 5 89'55'39'W for a distance of 219_88 feet to the section line; Thence N 00'45' 17" W along the section line for a distance of 802_03 feet to the REAL P01NT Of BEGINNING, Parcel conta Ins 40.463 acres,more or ie5s- 1602 W. Hays St.,Suite 305 Boise_ ID 887W Phone;20"86422~7 www.arcuratesurweyars corn Page 17 Page 179 Item#9. AIVIVEXA TIOIV MAP PARCEL LYING 1N FHE N 112 OF ME SIN 114, .SEC 7701V 31, T.3N., R.1 E., B.M. 36 3i 714 COR, CP&- fNST. No.103052a80 N 89'57'18" E 2507,75' ^� M LOT 4 BLOCK 1 Cy N SHAFER VIEW ESTATES ZQ 40Aa3t ACRES co rrt —L1 t 05 L14 L 7,3 ; In ti� 1. 172 11 SCALE: 1"=300' O L6 ai z _j to fps a k L22 �+ g L25 Ca C 1 NOTE., SEE SHEET 2 FdR CC� ONE AND CURVE TA& S L a E. SHAFER VIEW DRIVE ° 11463 m L 1 LEGEND ANNEX BOUNDARY ACCURATE � ---------- SEC77QN LINE LINE m � T3N R1 W 38 3T T31V R2W � a , FOUND 3 i 1/2" BRASS CAP A40AI1MENT � r S L!R V E Y I H 6 & M A P P 11.P T2N RZ I W 1 8 r2N R2W r 7602 W.Hays Street#306 FOUND 2" ALUMNUM CAP y l t Boise,Idaho 83702 CP&F INST. No. 1A (208)488-4227 2019-01,5470 ❑ CALCUL I TED POINT q fR % www,accuratesurveyurs.mm Y1� SHEET I OF 2 JOB 20-227 Page 18 Page 180 Item#9. LINE TABLE LJKE BEARif4G D15TANCE L1 N 89'52'35 W 130.4[]' L2 N 23755'33" W 170-53' L-S N t 5'35'10" lk 254_68' L4 N 14'41'14" W 194-52' L-5 'N 31'29'55" W 113.67' Lb N 89'34'347" w 147-74' L7 S 34` 8'44" W 190.43' L8 N SY 118'49" W 100_09' 1-9 N 34741'}1" E 107.53' L10 N 04'00 19 E 90.81I i-11 N 26'4-2'26" W 65.32' L12 N 56730'37" W 87.95' L13 N 75.33'35" W 90.66' L1 d N 86'33'28" W 185.49' L15 S 71`44'26" W 113.68' L16 S 60'59'28" W 11 -aD' 1.17 N 76752'47" W 210-54' L113 8 78-31'59- W 45-73' L 1 9 S 51'-53'13" W 147-64' L20 S 65'.24'50" W 258-22' L21 S 17`40'26" W 98.75' L22 S 03'59'33" E 50-00' L23 S 28'48 47 W 206.97' L24 N 42'01 36 W 107.t 2' L25 S 89-.55-39" w 219,88' CUR VE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHDRD LENGTH C 1 88.35' 275.00' l T24 50 S a4730'15 E MOO' G2 103.153' 500-00' 11"52'2.8" K 475974 . 103.E C3 a3.86' M-00' 40'02'45 IN 65'02'58 W $1.4 4. ACCURATE 11463 2 � un4Erl$6 NrYrau s ' �602 w,klpyx�#max��05 Idaho 33702 Piro � wnw.accura�esunre�rarscorn I f J. I 1 SHEET 2 OF 2 JOB 20-227 Page 19 Page 181 Item#9. R-2 Legal Description: krn 9233 WEST STATE STREET I BUSE,11]83714 1 208-639.6939 j FAX208.639-693C January 6,2020 Project No.18-037 Legal Description Portion of Lot 4,Block 1 of Shafer View Estates Exhlhit A A psreel of land being a portion of Lot 4, Block 1 of 511hafor View Estates(Book 84 cf Plats,Pages 9403-94O4, records cf Ada County,I daho)which is situated in the North 112 of the Southwest 1/4 of SeCtipn 31rTorWnsfi ig 3 Murthr Range 1 East,goise fvteridlian,City of Meri{i8n,Ada cou nty,Idaho,and being more particu larly described as follows: BEGINNING at a SIR-Inch rebar marking the Center of said Section 31(aiso being the northeast corner of said Lot 4,Block 1),which bears N89°57'15"E a distance of 2,507.62 feet from an alurninum cap marking the West 1/4 Comer of said Section 31,t hence fo Ilowing t he easterly line of said North 112 of the Southwest 1/4, 540°16'52"W a distance of 1,342.44 feet(formerly 500'15'3WW a distance of 1/342.81 feet to the southeast corner of said N orth 112 of the 54uthw2st 1J4{afro being the scut heart corner of said Lot 4,Stork 11; Thence learning said easterly flee and fallow Mg the southerly I ine of Said Mort h 1/2 of the Soot hwest 114, N 89'S2'31"W a d lstanee Of 130.43 feet to the scut heart corner of Lot 13,Block 1 of said Shafer View Estates; Thence leaving said southerty II ne and foltowIng the boundary of Lot 4,Block 1 the fallowing courses: 1, N23"55'33"w(formerly M2TW32"wl a distance of 170.57 feet; 2, N15'35'10"W(formerly M1e36'09ffW4 a distance of 254.88 feet; 3, N14"41'01"W(formerly M14'42'00W a distance of 393.75feet; 4. N31`15'14'W(formerly M31'16'13-WU a distance of 214.54 feet to a found 1/2-inch rebar, 5- N8g'52'31"W(formerly N89'53'30 )a distance of 23.81 feet to a polptontha northerly line of the 41-foot wide WEIrney Lateral easement; Th ence leavIng the boundary of sa Id Lot 4,SIpCk 1 and following said northerly line the following courses: 1. M77'19'36"E a distance of 75.47 feet; 2_ N75'37'04"t a distance of 27.30 feet to a point on t he cerytedi ne of the 38-foot wide drain ditch easement shown on said Shafer Vlew Estates subdlvkslon plot; Thence leaving said northerly Erie and following sald centertirle the fvll4win8 courses; 1. N06°2V52"W a distance of'-51,79 feet; 2_ N17°26'2rW a distance of i-20,33 feet; 3. 1425°5009"W a distance of 63.96 feet; 4. N31741'30'W a dkstanoe of 99.39 feet; 5. N 50°03'15"W a distance of 94.54 feet; 6_ NS5°05'S9 W a distance of 124.96 feet; 7. N 51°4e3.g W a distance of 99.63 feet; S. N 151"3V51"W a distance of 33.43 fleet; 9. N 67"a5'46"W a distance of 68.04 feet to the northerly line of Salt[Nortb 1/2 of the Southwest 1/4 (also beingthe north"line cf said Lot 4,Block 1): ENGINEERS I SURVEYORS I PLANNERS Page 20 Page 182 Item#9. Tlrarnce lea wing said oe nterl ine and following so id northerly line,N89'571rE a distance of 799.30 feet to the POINT OF BEG INN ENG. Sold pa"contains 10."acres, more or less. kL r,Lt 1245 A 0F � L_ 181.116' I • b • Dt� PAGE 2 Page 21 Page 183 Item#9. F T89.30 Y P P -1 i S a 'ik t � F Y � 3 a th a T M �3 JPSPJ]L I]F/p Title; bate; 01-06-2020 Scale: 1 inch=200 feet File: Trw l: 10.661 Acres; 464381 Sq F ;Gomm n63.4107w 0.01 Feel: FYecision=U331449= P'eximew=39458 Feet 001-s00.1652w 1342.44 M-n77.1936e 75.47 015-n55.0559w 124.96 002-n69.5231w 130.43 009-n75.370416 2730 016wn53.4638w 94.63 003--n23.5533w 170.57 410--nO62852w 151.79 01 G .3$51 w 33.43 04 16.351 Ow 254_$,9 01 1= 172622w 120.33 013zo67A54(5w 0.04 005�=n 14.4 101 w 193.75 012=n25.5009w63-86 q)I 9=nVJ, 715e789.30 04(rt731.1514w 1144.54 013=06.4130w 99.39 CV-nS9.523I w 23.81 014=It5O.O3 I5w"54 Page 22 Page 184 Item#9. ACCURATE SO AVE I'IND I MAPP190 y � '�fRY1GE R4 Rezone Land Description A parcel of land being a portion of Lot 4,Block 1 of Shafer View Estates Subdivl sic n as recorded in Book 64 of Plats at Pages 9403 and 9404, Records of Ada County,said parcel is located in the North Half of the Southwest Quarter of Section 31,Township 3 North, Range 1 East of the Boise Meridian,Ada County, Idaho,being more particularly described as follows. BEGINNING at the found aluminum cajo rn on u ment at the C[,;arter Corner commontoSection 31,T31NI, R1E and SQrtien 36,T3N, R1W as{perpetuated by document 103C52680,Records of Ada County,from which the found brass cap at the township corner common to Township 3 North,Ranges 1 East and 1 West, arrd Township 2 North,Ranges 1 Cast and 1 West as {perpetuated by document 2019-015470, Records of Ada County bears S 00'05'17' E d distance of 2669.99 feet; Thence N 89'57' 18" E alongthe mid-sect I on line for a distance of 1718.45 feet to a set inch iron pin with a cap stamped PLS 11463; Thence S 67'05' 19"E for a distance of 68.04 feet to a set 5/8th inch iron pin with a cap stamped PLS 11463; Thence S 61'36'51"E for a distance of 33.43 feet to a set 5/&Dneh iron pin with a tap stamped PLS 11463; Thence S 51'46' 38"E for a distance of 99.63 feet to a set 5181 inch iron pin with a cap stamped PLS 11463; Thence 5 55'05'59"E for a distance of 124.96 feet to a set 5f 8th inch iron pin with a cap stamped PLS 11463; Thence S 50'03' 15"E for a distance of 84.54 feet.to a set 5/81h inch iron pin with a cap stamped PIS 11463; Thence S 36'41'30"E for a distance of 99.39 feet to a set S/Mh inch iruri pin witlk a cap stamped PLS 11463; Thence 5 25`54' 09'E for a distance of 53.86 feet to a set 5/Vb inch iron pin with a cap 51amped PLS 11463; Thence S 17' 26' 22"E fora distance of 120.33 feet to a set 5/8t"inch iron pin with a cap stamped PLS 11463; (CONTINUED ON NEXT PAGE) I IW2 W.Haya St_,Suite 305•Donee, ID 83702 • Phone:208-488-4227 www.accuratesurveyars_cam Page 23 Page 185 Item#9. *A rtr ACCURATE SURVEYING II: MA9fING Thence 5OF 28' 52" E for a distance of 151.79 feet to a set 5/81° inch iron pin with a cap stamped PLS 11463; Thence S 75'37'W W for a distance of 2730 feet to a set 5J81h inch iron pin with a cap stamped PLS 114,53; Thence 5 77*19' 36"W for a distance of 75.47 feet to a set 5/811 inch iron pin with a cap stamped PLS 11463; Thence N 99'38'35"W for a distance of 224.09 feet to a found 7:inch iron pin, replaced with a Set 518tn inch iron pin with a cap stamped PLS 11463; Thence S 34'28'44"W for a distance of 190,43 feet to the centerline of E-Shafer View Drive; stamped PLS 11463; Thence N 55' 18'49"W along said centerline fora distance of 100.09 feet,- Thence N 34'41' 11" IF for a distance of 107.53 feet to a set 5/81" inch Iron pin with a cap stamped PLS 11463; Thence N 04'O9' 19" E for a di9anre of 90-81 feet to a found M inch iron pin, replaced with a set 5/Slh inch iron pin with a rap stamped PLS 11463; Thence N 26'42'26"W for a distance of 85.32 feet to a found'A inch Iran pin, replaced with a set 5f8th inch iron pin with a rap stamped PI-S 11463; Thence N 56'39'37�W for a distance of$7.95 feet to a found' inch iron pin,replaced with a set 5/8tn inch iron pin with a tap stamped PLS 1141523; Theme N 75'35'35"W far a distance of 90.88 feet to a found )S Inch iron pin, replaced with a set 5f g`h inch iron pin with a cap stamped PLS 11463; Thence N 86"33' 28"W for a distance of 185-49 feet to a founcl inch iron gin, repiacEd with a set SlVh inch iron pin with a cap stamped PLS 11463; Thence S 71'4-' 26"W for a distance of 113.88 feet to a fou nd'A inch iron pin, replaced with a set 5f81" inch iron pitt with a cap stamped RLS 11463; Thence 5 6D'59' 28' W for a distance of 112.30 feet to a set 5/8" inch iron pick with a cap stamped PLS 11463; (CONTINUED ON NEXT PAGE) 1002 VV. Hays St.-Suite 305• Boise. ID 53702 • Phone: 206-488-4227 www.occk1 ratesu rveyors.cum Page 24 Page 186 Item#9. ACCURATE �. 4 SDRVEYIN8 $ MAPPINe s '�f�PY1C� T# ence N 76'52'47" bit for a distance of 210.54 feet to a found A inch iron pin, replaced with a set S/Mh inch iron pin with a cap stamped PLS 11463)- Thence S 78`31'59"VV for a distance of 45.73 feetto a found 14 inch iron pin,replaced with a set 5/8"n inch iron pin with a cap starnped PLS 11463; Thence 5 5V 53'13"W for a distance of 147.64 feet to a found YS inchr iron pin, replaced with a set 5/8'h inch iron pin with a cap stamped PLS 11463; Thence 5 65° 24'5V W for a distan:e of 258.22 feet to a found%inch iron pin, replaced with a set 518t1 inch iron pin with a cap stamped PLS 11463: Thence 517'39'W W for a distance of 99.75 feet to a found A Inch Iron pin,replaced with a set 5/81h inch iron pin with a cap stamped PL5114G3, Thence 503'5V 33' E for a distance of 50.00feet to a found inch iron pin, replaced with a set 51V inch iron pin with a cap stamped PLS 11463; Thence 88.39 feet along the arc of a 275.00 foot radius curve right having a central angle of 18' 24' 12" and a long chord bearing N 94'38' 15" W a distance of 88.00 feet to a set 5/81'inch iron pin with a cap stamped PLS 11463; Thence 5 78°48'47"W for a distance of 206991 feet tothe centerline of E.Shafer View Drive; Thence along said centerline 103.63 feet along the arc of a 500.00 foot radius curve right having a central angle of 11"52' 2V and a long chord bearing N 47'59' 54" W for a distance of 103.44 feet; Thence continuing N 42"01'36"W for a distance of 107.12 feet to a set 5/9"inch iron pin with a cap stamped PLS 11463; Thence contlnuIng83.36 feet along the arc of a 100,00foot radius curve left having a central angle of 48'02'45'and a long chord bearing N 66'02'Se W a distance of 3 1.42 feet; Thence 5 89`55'39"W for;�disown i2 of 2 19.98 feet to the centerline of S.Meridian (toad (State Highway 69); Thence N 00'0S' 17'W along said centerline for a distance of 802.03 feet to the REAL POINT OF BEGINNING. Parcel con#ain5 29.822 acres, more or less. fT 114 1-45-74 ' 3 � 1$o2 W. Hays St.,Suite 306 - Boise, Id 83702 •Phone:208-488-4227 - www.accuratesurveyors.com Page 25 Page 187 Item#9. R4 REZO1VE MAP PARCEL LYING IN THE N 112 OF THE SW 1A SECTION 31, T.3N., R.1E., B.M. OP&F INST. No. 114 COR. CP&F 100070D 36 3l INS No.103052660 N 89'57'18" E 1778.45' S_89'57'18" IN Pt5 4398 M LOT 4 BLOCK i 2 CA SHAFER VIEW ESTATEScli Cy Cp oar 29.822E ACRES � s L24 421 L20 fg r h L2J ��Z 7& o SCALE: 1"=300' �� r Q o rl6 01 co U t N NOTE: SEE SHEET 2 FOR �� r L12 L10 N N LINE ANO CURVE TA64ES ~ ^] w L28 1 v A o^ L31 C3 C 7� !� g N C AryO wma '� E. SHAFER VIEW DRIVE L 1146 3 s 1 .21 f9 R LEGEND BOUNDARY �LqN.D��G ------ SECTION LINE ' FOUND 3 1/2" BRASS CAP MONUMENT t I rr�bf ,ACCURATE T3N R7W 36 31 T3N R2W JR FOUND 2" ALUMINUM CAP m SURVEYING $ MAPPING *306 T2N RP W_1 T2N FOUND 1/2" IRON PIN, REMOVED d 6 R2W AND REPLACED NTH 5/8" IRON AN, � � 1602 Mays Street P"ALLIUNUM CAP, PLS 11463 ti Bomise,Idaho 202 CP&F INST Na �; (2087 488.4227 2019-015470 O SET 518"IRON PIN 2" ALUM. CAP, PLS 1 f463 ,P E wmv.accuratewrveyors.com ❑ CALCULATED POINT ER Y 1 C SHEET 1 OF 2 JOB 20-227 Page 26 Page 188 Item#9. LINE TABLE LINE BEARING DISTANCE L i S 67`05'19" E 68.04' L-2 S 61'36'51" E 33.43' L3 S 51'46'38" E 99-63' 1_4 S 55'05'59" E 124.96' L5 5 5G"03'15" E 84.54' L6 S 36'41'30" E 99-39' L 7 S 25'50 09" E 63.86' L8 S 17'26'22" E 120.33' L9 5 06'28'52" E 151.79' L10 S 7535'46" L 1 i S 77 19'36" W 75.47 L 12 N 89'38'36" W 124.09' L 13 S 34'28'44" W 190.43' N, 55'18'49" W 100-09 L 15 N 34741 11 E 107.53' L16 N 04'09'19" E 9a.51' L17 N 26'42'26" W 85.32' L I S N W39'37" W 87-95' L19 N 75'35'35" W 90.88' L20 N BV33'28" W 1 MAT L21 S 71'44 26 W 1 13-88' L22 S W59' 8" W 112-30' L23 N 76 52'47" W 210.54' L24 S 78'31'59" W 45.73' L25 S 51'53'13" W 147-64' L26 S 6524'5{1" 1W 258.22' L27 S 1739'49" W 98.75' L28 S 03'58'33" E 55.00 L29 5 28'48'47 W 206.91 L30 N 42'01'36" W 1 D7.12' L31 S 89'55'39" W 219-88' CURVE TABLE GLJRVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH c 1 8&36' 275.00' 1 T24'50" S 84'38'15" £ 98.04' C2 103.63' SOD.00 11'52 2B N 47'59'54" W 103-44` C3 83.86' 100,00' 48'02`45" 8 56'02'58" E 91-4Z' L Ar, ACCURATE 1146,3 � � 16p7 W.�says Skreet��06 , ,1 Or.%P Boise.Idaho 93702 4 P &14L t4$)488,422? It xrnw a€rura"urweyors€om 5HEET 2 OF.2 109 2W Page 27 Page 189 Item#9. B. Preliminary Plat&Phasing Plan (date: 11/i�20 3/9/2021) PLAT LEGEND - -,-� CONTACTSrtv FOR CO\-RUCCTIION i TYPICAL 417 R.O.W.ROAD SECTION i F-'-t—• r_ � '—t-'-1 - o•.•, R�,�• NOTES (T I ICINITY MAP R 3 w-. .�o i - ��rT"1-1 0� I " co .� �X\ DEVELOPMENT INFORMATION co O a i 8 r FE wLu MMER _ 3�w lu co + � - -------------------- " PRELIMINARY PLAT PP1.0 ITI I IT T1 I I I 61AN — — Ph4L9E 1 PHASE 2 I � 'S PHASING MAPPage 28 Page 190 Item#9. C. Landscape Plan(date: 5��^7�0 2Y2 M 3/9/2021) 7,17 � I m ,a o, SHAFER VIEW TERRACE MERIDIAN,IDAHO Y `- Page 29 Page 191 Item#9. � I "" r' � PROJECT INFORMATION •�,n iCITY OF MERIDIAN� -""�-�1~�( \ 1 _ LANDSCAPE REQUIREMENTS Z�=% w a o 22 Er to ` ERALL LANO LANDSCAPE NOTES "���"<�""•' �•rc "�'. e _ ....e.w."mv......,...w....,m.e .� 4 "-.t. . BERM ADJACENTTO MERIDIAN ROAD2 t M I lie uj� Lu z $ NO4 BLOCKS ROCK a, ¢d W 20 . 19 Zyj0 w>o g �D. APE E _ WL •! LANDSCAPE LEGEND CALLOUf LEGEND w.;,:m` 2 ® r Page 30 Page 192 Item#9. wrcixi�.�esc¢ i :mac -71' flf OCK L S��ifi iI i� _ � I z a lam 3>�z It a —= — -- --II — --- — — } 5 LU wi¢w a r 'RF AREA PREPARATIDNaNQTES. =w MCI j LANDSCAPE LEGEND CALLOUT LEGENDNt ��� � ----_ anrre ru—re..l,w.r.wi.rn,x.r.i.. 'n��uii�`•iwnwwrizrs mxeem�inwn.ie.�e wnA warmam yy cc i S T w H i Lu y cc �81zw .i ND PEP IN-AREA THREE I a y-a - WEED ABATEMENT NCTES` _ cr(U< 'p LAND9CAPE LEGEND CALLCU4 LEGEND 4W F Page 31 Page 193 Item#9. LANDSCAPE LEGEND e T30 m IafI� .1.�.1 640CK3 :^,a:;_���'• Q' 'lif�:iR"L"��•,'yiC P.:s:�. Q 12 . w �A 14 15 5 '. max....-.,:.......,.. O p m W T--- I - - - - >W ��� LLZLL LU �ffA FOUR 1T PLANTER REpCl1T EDGE Z eWRCUGHT IRON FENCE L1¢ 946�".Z.T$ES1i �r F_ __ _ __ _ __ __ __ __ __ -- - LANDSCAPE LEGEND a.� m 0N e�lt��1'1 it =17 ®. cALLDLIr LEGEND LLI 12 ® 3 f�Z 1} n wa¢W ud�xo� LLJ moff— TOPSOIL NOTES PIT ,��MAP � —� L 5 Page 32 Page 194 Item#9. LANDSCAPE LEGEND130 .::. gum Y 1 CALLOLIT LEGEND 91 a o n, 4 to Z o : 'MC Q six �T- - r W 'y V axmaemwiiercnwwen."�cA.aees 1 � /1 VINYLWFENGE PANEL �� 2 L1.6 —\wmsm�ii—__—__—__—__—__ -—__—__—__—__—__--- LANDSCAPE LEGEND GALLDLfT LEGENDED z W N W y ¢p ¢w 5;,r w LZ ,X � CL WLLJ �z F I L4NOSCA pRp SEVEN a rA�1K Y _ Ll7 9 Page 33 Page 195 Item#9. STORMWATER POND REVEGFTAT!ON REQUIREMENTS mazamLm I fill ep �4., ""'° ta^'•^ °' '^• •. „• w �"',•,e,,,,,,,.,o� ��BOl1LDER INSTALLATION .�3 DECIDUOUS TREE PLANTING O¢ �a ."�' ,'•`.. SIT"'"'"�. �` _ _. .,...- ....,e_._,s.«_ _ Z W 2 m mw ....,.... � A� and: �=� &W W 3 t / ' ! �......,w..a, ..K.,w.,.:.,,..«„a«,�. TREE MITIGATION:.n,�.,�„ y a^^ e _ - �•.. # •�.._„ .._,•„��.�r.r.,,µr�_...., �T�F.�., - mom.' N DETAIL, 2..a MwCONIFEROUS TREE PLANTIpN,�G�� L1.8 Page 34 Page 196 Item#9. SIM TE{FENCE 133C WEST 400 NORTH ORE M.UT B4057 TOLL FREE:1466-64"M Sim- Tek" PHONE:(841}655-6236 FENCE FAX:(2O1)8%-W40 wi w,slmt@Mrx g,wcn PAST rIENTERS SANE STONE PATTE-.d:A-- slcE J= LiI I W ISC%ETRICb1EN' r I o � I L � � -AWNDUrYEL 4 1 tKILINDLEVEL 7Q26' S-I-FENER LENGTH POST 1HjI.S'1EGLI.�GEGALVANI� STEEL SilFFENERASTMASII00 u }a 10'•12' Gv5 NOLEDMETER ��NCRC-rOCTING CIAVETER 11Y TO 12•IL9N, +l4=7C'_2�CCEP1%.IVACCCFMANCEsN - .CV1 CQ4DITIQW.-CODR.Aft€TJOVARC r,,A.- 5*riLINEAR LCi4CENSITYPULYETHYLENE KlILDW PRACTICES PUZTIC:L aE]. ELEVATICNVIEIN ACTU.1-PANEL DIMENSIONS:72•N a89,76M PkfLMIGHT 5&LOP TOLERANCES ARE f.V lull& 1.L2 aATENTS 7,47E,7971T.MllW FCREIGN'ATENTS PENCIMC, 2. INSTALLATION TOEEMAPIETED11ACCORCA%ICC MA4.-ACTURER'SSPECIFICATIM. 3.ALL CIMEN€KMARE CMIDERED TRUE ANDtC-FLE7 LUNUFACTVRER'S SPEGF1CAIKIN€, 4. DO NOT SCALE DR4WM. S,OONTFLKTOR9 NOTE,PORIMOVCTAND COMPANY NFORMATION VISIT www,Cp.DwaIhoowKn REFERENCE NUMBERASR24n7, IMTEK FENCE MOD LHOW124r 10EMgM L5 HXE!W A]i�-0O REVISION DATE M&NW2014 Page 35 Page 197 Item#9. D. Open Space Exhibit(dated: '7%0 3/9/21) CITY OF MERIDIAN OPEN SPACE REQUIREMENTS X COMMON OPEN SPACE � As DEFINED BY 7HE 1-�VIAX Rrbulsr>'a £�2E2 IAX.II�°J C,00E REiiiIIIYEMEHiS f5m 6 1 Ml[O 2WJ 4(E83 AG) apfiq 79l3As QUALIFIED OPEN SPACE A5 DE*IIM BY 7HE MMUTAH BF72 VLC.II�l6-S GOGE i�QUIREMEHTS I�'J,SA�{�.84 AC.1 IY476Y f4A5 AC.1 ID% 14.27% LANDSCAPE LEGEND QoLlf-im OFM srh= QUARTZ CREEK ST. AREA--46,181)SQ.FT- I== _�e.sE7 so.Ff. AR7A=E.9a3 Ga.F-. - 1 'J, I -F �. Lil LLL I V _ ___ 4.593 SO.FT. AREA--MAGI)SQ.F- J., LL AREA=60,655 SYl FT- D cr w .� SHAFER VIEW NORTH PROJECT #20021 MERIDIAN, IDAHO OPEN SPACE EXHIBIT X1,0 Page 36 Page 198 E. Conceptual Building Elevations .. .... .... Page 37 ate•." � - w f Item#9. F. Right-Turn Lane Exhibit r -*--OHP HP OR — E CUM"CREEK aT. E :-:-: IIII IIII IIIIIIII� so is _ m I II II — sp so I� IIIIII I — sp s❑ I exlsnnc 60`R.e.w. I I I I II I C I I=IaoPosEo"ar 12.o.w: '' I I I I II I sp i,8 52 ,s II �Isl I I I I I 11 ,.IIII ` IIIIJIII � ILI • ���-� �3'13' 1Hill 0' 14' 10 m e W W 31 - IIII .': IIII III � III = III ExI5TIN6 Eo�.E of ASPHALT �-��- '+ III III PROPOSEP EP E 0 ASPHALT III+1 PROP05FP 50R7z9W PITCH PROPOa€P R.O.N.PEPIGATION...•.i ••' IIII^ Armcl•46DT 5F �: CONCRETE TiIPE}YN.K..�_.. PROP05FI?ear+ IIII IIII a IIIIIIIII IIII IIII _ =_ P. !fl lfl w !I1 Jfl I pd 11! 72 ! f ! Ar :445611 _ �: IIIIII I = I1lplll M m I •,''I;I I I I .�IIIIIIII i �J ;`r IIII �reo a sP 6 � g� 1 fffrzlll� � s�:r=ao•-0• SHAFER VIEW TERRACE SUBDIVISION 922&2' S_.._ MERIDIAN,ID RIGHT TURN LANE Page 38 Page 200 Item#9. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the preliminary plat,phasing plan, landscape plan and conceptual building elevations. b. A 10-foot wide multi-use pathway is required to be constructed along S.Meridian Rd./SH-69 in a public use easement in accord with UDC 11-3H-4C.4. c. Noise abatement is required to be provided within the street buffer along S. Meridian Rd./SH-69 in accord with the standards listed in UDC 11-3H-4D. d. A final plat shall be recorded that includes Lot 1,Block 7 prior to any development occurring on the property. e. The developer shall construct a northbound right-turn lane on S.Meridian Rd./SH-69 onto E. Quartz Creek St.prior to issuance of the first building permit in the first phase of development in accord with ITD standards. 2. Development of the subject preliminary plat shall be consistent with the phasing plan included in Section VII.B. 3. The final plat shall include the following revisions: a. Include a note prohibiting direct lot access via S. Meridian Rd./SH-69 and E. Quartz Creek St. b. ;the shall be revised to eemply with these standards unless ether-wise approved by-Gil, Geuneil.,4 waiver;s requested was approved by Council to exceed the maximum blockface allowed of 1,200feet to allow the blockface as proposed. eepupen let(s).Depicted on revised plat. d. Remove one(1)L.,,;1,1able lot i the. aio� o f Lots 2 C T21eek 6 south.f the _ �LQCTITL1Zli�Z�G'iiSG'y^V1T]OTTZ 7'�iVG1iV'7�TCG1ZVrGIZ�+�PIriDllTir+� r Depicted on revised plat. 4. The landscape plan included in Section VII.0 shall be revised as follows:o a. inelude r-e"ir-ed vs. pfevided ..ber- ft fees.Done b. Inelude 6 feet tall wr-eu&ir-on feneing on eemmen lots th4 abut the MeBifaey Lmer-al Done Page 39 Page 201 Item#9. c. laelude a detail of the befm and wall r-equir-ed for-noise abatement along S. Mer-idian Rd.,IS14 69 that demo liance with the standafds listed in UDC 11 3 H 4 D. Done d. P&44n:q,prior to removing any,treesftoni the i9ke t-e determine mitigagen ivquirements. Done Done the eemmen let(s) eentainifte the dr-ain to prevent fire hazard md t+nsiW4414ess.Done g. Depict additional landscaping at the entrance to the subdivision at the intersection of S. Meridian Rd./SH-69 and Shafer View Dr. as offered by the Applicant. Il:iCG'IIIV41a12e (1)'77Li2QnDZe lot 12r'the iZGTI2iL'_y^'Pr Lots L-7, IQGISV south o the 2Y2riD11TiC4 .Done 5. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathway along S. Meridian Rd./SH-69 prior to submittal of the Phase 1 final plat for City Engineer signature. If the pathway is located within the right-of-way, a public use easement is not required. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district and 11-2A-5 for the R-4 zoning district.. 7. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 8. The rear and/or sides of structures on lots that abut S.Meridian Rd. and E. Quartz Creek St. shall incorporate articulation through changes in two or more of the following: modulation (e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 9. All water-ways on this site shall be piped unless ethefwise waived by City Getmeil as set fe ,.,T•' Tzar-vDG 11 3A 6B. As anaitemc'ltiye the, ,ate f. a-y y be loft open;f iffl,,.,-,.ye ., a ,ate f a-menit y as de fi ie i UPC 1 1 1 A 1 (s also UPC 1 1•4 A G �\ ����n-�-r�e�r,���n �-�ZT The Applicant requests a waiver from City Council to allow the McBirney Lateral to remain open and not be piped} which was approved by City Council. 10. The pond is required to have recirculated water and shall be maintained such that it doesn't become a mosquito breeding ground as set forth in UDC 11-3G-3B.7. IX. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The angle of sanitary sewer pipe going into and out of manholes needs to be minimum of 90-degrees. 1.2 All sanitary sewer manholes require a 14-foot wide access path that meets City requirements. Page 40 Page 202 Item#9. 1.3 Sanitary sewer manholes should not be located in curb and gutter. 1.4 Add an 8-inch water mainline in Crystal Creek Way, and stub to the north for future connection. 1.5 The water mainline needs to be 12-inch diameter in Prevail Way,portion of Terrace Ridge Dr,portion of Terrace Ridge Circle and south out to E Shafer View Rd. 1.6 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6 of the City's Design Standards. A future installation agreement and funds are required for the required streetlights on S. Meridian Road pursuant to Section 6-4 B. of the Meridian Design Standards. 1.7 The geotechnical investigative report for this development,prepared by Materials Testing &Inspection, dated 02/10/2020, does not indicate a specific concern with regard to groundwater. Applicant shall be responsible for the adherence to the recommendation presented in this report. 2. General Conditions of Approval 2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 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. 2.3 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. 2.4 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 11-313- 14A. 2.5 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. 2.6 The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.7 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 Page 41 Page 203 Item#9. 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. 2.8 In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 2.9 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. 2.10 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. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.14 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. 2.15 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. 2.16 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. 2.17 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. 2.18 Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.19 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20- feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with Page 42 Page 204 Item#9. 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.21 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 Water Department at(208)888-5242 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. 2.22 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 2.23 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. 2.24 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. FIRE DEPARTMENT https://weblink.meridiancity.orglWebLink/DocView.asp x?id=219456&dbid=0&repo=MeridianC hty D. POLICE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=220250&dbid=0&repo=MeridianC Lu E. PARK'S DEPARTMENT https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=222017&dbid=0&repo=MeridianC ity F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=220261&dbid=0&repo=MeridianC iv G. CENTRAL DISTRICT HEALTH DEPARTMENT https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=220014&dbid=0&repo=MeridianC iv H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) Page 43 Page 205 Item#9. https://weblink.meridiancity.ory WWebLink/DocView.aspx?id=220034&dbid=0&repo=MeridianC hty I. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=220564&dbid=0&repo=MeridianC ky J. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https://weblink.meridianciiy.org/WebLink/Doc View.aspx?id=221041&dbid=0&repo=MeridianC ky K. BOISE PROJECT BOARD OF CONTROL https://weblink.meridianci(E.ofg WWebLinkIDocView.aspx?id=219526&dbid=0&repo=MeridianC iv L. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianci(E.org/WebLinkIDocView.aspx?id=219424&dbid=0&repo=MeridianC iv M. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WeUink/DocView.aspx?id=222031&dbid=0&repo=MeridianC Lu N. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WeUink/DocView.aspx?id=222250&dbid=0&repo=MeridianC itE X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to R-2 and R-4 and subsequent development is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of single-family detached homes which will contribute to the range of housing opportunities available within the City consistent with the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. Page 44 Page 206 Item#9. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of any health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 45 Page 207 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Denton Roberts (Owner/Developer) for Roberts Annexation (H-2021-0013), Located at 1630 Paradise Ln. Page 208 Item#11. ADA COUNTY RECORDER Phil McGrane 2021-092435 BOISE IDAHO Pgs=29 BONNIE OBERBILLIG 06/16/2021 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Denton Roberts, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 15th day of June 2021, 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 Denton Roberts, whose address is 4461 N. Diamond Creek Ave., Meridian, ID 83646,hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 1.77 acres of land to the R-2(Low Density Residential)zoning district on the property listed in Exhibit"A",under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 1 OF 8 Page 208 Item#10. 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 1st day of June,2021,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"),which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on.December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Denton Roberts, whose address is 4461 N. Diamond Creek Avenue, Meridian, ID 83646,hereinafter called OWNER, the party that owns said Property and shall include any subsequent owner(s) and developer(s) of the Property. DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 2 OF 8 Page 210 Item#10. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual site plan for the single-family dwelling included in Section VII and the provisions contained herein. b. When the sewer line is extended to the N. Locust Grove Rd/ E. Paradise Lane intersection, the existing septic system shall be abandoned and the applicant shall connect the new residence to City sewer and pay any applicable sewer assessment fees at the time of connection. c. The existing well shall be abandoned, unless used to irrigate the property. The new residence shall connect to City water and pay any applicable water assessment fees with the building permit. d. The applicant shall extend an 8-inch water main from the intersection of Locust Grove and Paradise Lane along Paradise Lane to the eastern property line and a fire hydrant shall be installed. e. The applicant shall construct a detached asphalt pathway along their E. Paradise Ln frontage. f. Prior to building permit, the applicant shall vacate the 5-foot drainage, utility construction and maintenance easement platted between the subject lots (Lots 2&3, Block 1 of the Heritage Subdivision No 2) and merge Lots 1 &2, Block lthrough a parcel boundary adjustment. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 3 OF 8 Page 211 Item#10. 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 and/or 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, Owners 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/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/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. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 4 OF 8 Page 212 Item#10. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owners 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/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Denton Roberts 4461 N. Diamond Creek Ave Meridian, ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 5 OF 8 Page 213 Item#10. 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 Owners and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owners 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. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 6 OF 8 Page 214 Item#11. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Denton Roberts CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk 6-15-2021 6-15-2021 DEVELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 7 OF 8 Page 214 Item#11. STATE OF IDAHO ) . ss: County of Ada ) On this '7 4" day of j��< ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared Denton Roberts known or identified to me to be person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) SANDRA J H,'HN otary Public for / COMMISSION NUMBER 263y6 ` Residing at: NOTARY PUBLIC3 STATE OF pAt� I My Commission Expires: /3 �J- � STATE OF IDAHO ) ss County of Ada ) On thisl5th day of June ,2021,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian,Idaho Commission expires:3-28-2022 DEvELOPMENT AGREEMENT—ROBERTs ANNEXATION(H-2021-0013) PAGE 8 OF 8 page 215 *, , FOX HMH LAND SURVEYS engineering ANNEXATION ROBERTS PARCELS LEGAL DESCRIPTION Lots 2 & 3, Block 1, Heritage Subdivision No. 2, situated in the Southwest Quarter of the Northwest Quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Corner of Sections 30, 29, 32, &31 monument+ed by a found aluminum cap as described in CP&F Instrument No. 111098263 at the intersection of E. McMillan Road and N. Locust Grove Road,from which the Quarter Corner common to Sections 32 and 31 monumented by a found aluminum cap as described in CP&F Instrument No. 102102462 at the intersection of L. Leighfield Drive and N. Locust Grove Road bears, South 00*33'08" West, 2,659.05 feet; thence South 00"33'08" West, 1,988.86 feet to the POINT OF BEGINNING; Thence along the Northerly Boundary of Lot 2, South 89°31'13" Last, 287.63 feet to the Northwest Corner of Lot 4; Thence along the Westerly Boundary of Lot 4,South 00'32'52" West, 325.00 feet to the Center Line of E. Paradise Lane; Thence along said Center Line, North 89°31'13" West, 287.65 feet to the to the Center Line of N. Locust Grove Road and the Westerly Boundary of Section 32; Thence North 00°33'08" East, 325.00 feet to the POINT OF BEGINNING. Containing 2.146 acres, more or less. End of description Prepared By: s T s Ronald M. Hodge 0. 57 0 Z.015--Lb �p �4' Of 4 P Cy'v RH;tc 410 M. 680 S. Progress Ave,,Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer rncMl9lan�koad - ANNEXATION MAP IP _ I I 77 LEGEND I I I I I I I ANNEXATION LIME , y , I S ECT7N� I_ + _ .l s MERIDIAN CITY LIMITS ANNEXATION AREA II - - I I I I M1iERPQIAN CITE'LIMITS I P I r - —car sane — r{ 1_ITI t I —TOki� I No- 5I — I E IDIAN CITY LIMITS-— — 32=L•elghfl Urlv—e_— — — NOTE THIS CR WING IS R VISUAL REFERENCE ONLY. Page 11 Page 218 EXHIBIT B Item#10. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�((IEN DIb�N-- AND DECISION&ORDER In the Matter of the Request for Annexation and Zoning of 1.77 acres of land with the R-2 zoning district to develop a 6,000 SF single family residence by Benjamin Semple,Rodney Evans and Partners. Case No(s).H-2021-0013 For the City Council Hearing Date of: May 18,2021 (Findings on June 1,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 18,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 18,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 18, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 18,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ROBERTS ANNEXATION—FILE#H-2021-0013) - I - Page 219 Item#10. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 18,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 18,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 May 18,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ROBERTS ANNEXATION—FILE#H-2021-0013) -2 Page 220 Item#8. By action of the City Council at its regular meeting held on the 1st day of June ,2021 COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-1-2021 Attest: Chris Johnson 6-1-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-1-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ROBERTS ANNEXATION—FILE#H-2021-0013) -3 Page 214 EX H I BIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/18/2021 Legend DATE: jeDt --TO: Mayor&City Council ,„] i .q FROM: Alan Tiefenbach,Associate Planner 208-884-5533 Bruce Freckleton,Development - t r� Services Manager r 208-887-2211 g SUBJECT: H-2021-0013 Roberts Annexation -- LOCATION: 1630 E. Paradise Ln 15 - -- I. PROJECT DESCRIPTION This is a proposal to annex 1.77 acres of land from the R-1 zone in Ada County to R-2 zone to construct a new single-family residence. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.77 acres Future Land Use Designation Low Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residence Lots(#and type;bldg./common) 2(to be consolidated into parcel with a future PBA application) Phasing Plan(#of phases) 1 Number of Residential Units(type 1 house with detached shop and RV garage of units) Density(gross&net) 0.56 du/acre Open Space(acres,total N/A [%]/buffer/qualified) Amenities N/A Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of February 9,2021,2 attendees. attendees: History(previous approvals) Heritage Subdivision No 2 Page 1 Page 222 Item#10. A. Community Metrics Description Details Page Ada County Highway District No comments Access(Arterial/Collectors/State Property will be accessed from E Paradise Lane(local). Hwy/Local)(Existing and Proposed) Traffic Level of Service N/A Stub Street/Interconnectivity/Cross N/A Access Existing Road Network E.Paradise Ln Existing Arterial Sidewalks/ There is existing curb and gutter on east side of N.Locust Buffers Grove Rd.E.Paradise Ln is a rural local road with no sidewalk on either side. Proposed Road Improvements None required Distance to nearest City Park(+ 1 mile to Champion Park size) Distance to other key services Fire Service No comments Police Service No comments Wastewater • Distance to Sewer 1,400 feet+/- Services • Sewer Shed North Slough Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.08 • Project Consistent with No.Property will be on septic until utilities are WW Master Plan/Facility available in the area. Plan • Comments • Flow is committed • Sewer is currently in N.Locust Road about 1,400 feet away from property. City Engineer has approved a waiver to allow septic service until the sewer line is extended. Water • Distance to Water Services 0 • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Water is located in N Locust Grove Road.Water main must be extended into Paradise Ln to the east property line.Applicant requested a waiver to only have to connect service line rather than extending the water main.City Engineer denied this waiver. Page 2 Page 223 � I ■ ■ H 11■1 - ���•� •;J k _11111 SHIM nNl IU - - ■ ■ 11 C � ay -a'- ■ _ — ■ - ` 'tea _ 11-ul _ ?z a wu M. ■ �■■■■ um I� rum 1 IIINIIIII - a � u• u�iiii -� aC'7- sm on S3 on ---- -- INN = nl�� mllni ■■ m MII�' �� 1 11 1 ■� MumIN�Ii ■ "� in _ - Item#10. III. APPLICANT INFORMATION A. Applicant/Representative: Benjamin Semple, Rodney Evans and Partners— 1014 S. La Pointe St., Ste 3,Boise ID 83706 B. Owner Denton Roberts—4461 N. Diamond Creek Ave,Meridian,ID, 83646 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification published in newspaper 3/26/2021 4/30/2021 Radius notification mailed to properties within 500 feet 3/24/2021 4/27/2021 Public hearing notice sign posted 4/2/2021 5/7/2021 on site Nextdoor posting 3/24/2021 4/27/2021 V. STAFF ANALYSIS The property is comprised of two lots presently zoned R-1 in unincorporated Ada County, of which the southern lot until recently had contained a 4,000 sq. ft.residence. The applicant demolished this single-family residence in anticipation of building a newer 6,000 sf ft+/-house with detached shop/ RV garage. The applicant contacted Ada County to merge the lots together and construct the larger house and was told because the property directly abutted City limits, it would need to be annexed. There is a 5-foot drainage,utility construction and maintenance easement platted between the subject lots (Lots 2&3,Block 1 of the Heritage Subdivision No 2). Following this annexation and prior to building permit,the easement will need to be vacated as part of the consolidation of lots. The nearest available sewer main is located in N. Locust Grove Rd., approximately 1,400 feet north of the subject property. The applicant has received City Engineer and Public Works Director approval for a utilities waiver from UDC 11-3A-21 to not connect to City sewer at this time. Staff finds that making a singular property owner pay for extending a sewer main 1,400 feet for one residence is neither fair nor necessary. However,the development agreement will require connecting to City sewer if and when a sewer main is extended in the future. The applicant will need to apply to Central District Health(CDH)for a temporary septic system. The applicant will be required to extend a water main from the intersection of N. Locust Grove Rd and E. Paradise Ln along Paradise Lane to the eastern property line to serve adjacent properties in the future. The applicant has also requested a waiver from this requirement, stating it would be cost prohibitive and not necessary as adjacent properties to the east and south are remaining in Unincorporated Ada County and already have wells providing water. Instead,the applicant prefers to only be required to connect a service line from the main to the new home. The City Engineer denied this waiver request. Page 4 Page 225 Item#10. A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. As mentioned above,all development is to be connected to the City of Meridian water and sewer system,unless otherwise approved by the City Engineer. The City Engineer has approved the waiver for the new house to be served by individual septic system until a sewer line is extended south down N. Locust Grove Rd. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(https://www.meridianeity.org/eompplan) The Future Land Use Map(FLUM)designates the property for Low Density Residential(LDR). This designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. With one existing home proposed on 1.77 acres,the requested R-2 zone is consistent with the FLUM. C. Comprehensive Plan Policies(https://www.meridiancity.orgIcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City" (2. 01. 01 G). The purpose of the proposed development is to annex and zone the property to R-2 to consolidate two lots into one and build a single-family residence. Ada County directed the applicant to annex because the property is directly adjacent to the City limits. The property is surrounded by single family detached homes on greater than one acre lots. This annexation will not change the existing character of the surrounding development and will add an additional single-family home for the City of Meridian. • Establish and maintain levels of service for public facilities and services, including water, sewer,police,transportation, schools, fire,and parks" (3.02.01 G). Staff finds that the existing conditions in this area create conditions that do not allow for this property owner to connect to City sewer services as required by code at the present. Public Works, Meridian Police Department and Meridian Fire have no objections to this one house residential project. No other services should be affected as the existing access is to remain. • Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided. (3.03.0) The property can be provided fire and police service.Neither agency expressed any comments on this proposal.As mentioned above, the applicant was granted a waiver from the requirement to hook to sewer until the sewer main is extended. The applicant's request to not have to extend the water main all the way up E. Paradise Ln to the east property line was denied. D. Existing Structures/Site Improvements: The property is presently vacant. E. Proposed Use Analysis (UDC 11-2A-2) Single family residences are a principally permitted use in the R-2 zone district. Page 5 — Page 226 Item#10. F. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-13 allows only one single family residence per property.No future subdivision may occur until this property is connected to both water and sewer. G. Dimensional Standards(UDC I1-2): The R-2 zone requires a minimum lot size of 12,000 sq. ft., 80' of street frontage, street setbacks of 20 from a local street, 25' from an arterial, side setbacks of 7.5 per story, and rear setbacks of 15'. The concept plan as submitted indicates the proposed home meets these requirements. H Access(UDC 11-3A-3, 11-3H-4): Existing access occurs from E. Paradise Ln, a rural local street with no curb,gutter or sidewalk. Future access will continue from E. Paradise Ln. ACHD noted they had no comments on this proposal. I. Parking(UDC 11-3C): UDC 11-3C-6 requires at least 2 parking spaces per single family dwelling unit,with additional parking spaces required for residences with more than 2 bedrooms. Parking will be ascertained at time of building permit. J. Sidewalks(UDC 11-3A-17): There is existing sidewalk on the east side of N. Locust Grove Rd. Otherwise,the Heritage Subdivision Filing One and Two reflects rural character and it does not appear any of the right of way within this subdivision contains sidewalks (E. Paradise Ln.,E Star Ln.,N. Spangle Dr., E. Freedom Ln). However,UDC 11-3A-17 does require sidewalks along both sides of the street,or only one side of the street when the average lot frontage is more than 150'. ACHD has not commented on this application regarding any additional improvements. The Planning Commission and City Council should determine whether requiring sidewalk along the property frontage should be required with the development agreement. K. Landscaping(UDC 11-3B): Per UDC 11-3B-2, a landscape plan shall be required for all development,redevelopment, additions, or site modifications except detached single-family and secondary dwellings. Therefore, a landscape plan is not required. L. Waterways(UDC 11-3A-6): No ditches or waterways traverse the property. This application was referred to both Nampa- Meridian Irrigation District and Parkins-Nourse Irrigation Association.Neither expressed concerns with this application. M. Fencing(UDC 11-3A-6, 11-3A-7): Any new fencing will be required to meet the standards of UDC 11-3A-7. N. Utilities (UDC 11-3A-21): Water is located along N. Locust Road to the N. Locust Grove Rd/E Paradise Ln intersection. The applicant is required to extend the water main along Paradise Ln to the east property line to serve future properties. The applicant has requested a waiver from this requirement with the explanation that this would be cost-prohibitive, and not serve any other properties in the vicinity, as the remaining adjacent properties to the east and south are remaining in Ada County and already have wells. The applicant requests to connect only their property to the main via a service line. The City Engineer denied this waiver. Page 6 Page 227 Item#10. Sewer is currently in N. Locust Road about 1,400 feet north of the property. The applicant has requested a waiver from UDC 11-3A-21 to not connect to City sewer at this time. The City Engineer has approved this waiver request. Staff recommends the development agreement require connection to public sewer when a main is extended along N. Locust Grove Rd near the adjacent to the subject property. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Staff has not requested architectural elevations with this application. The applicant proposes one single family residence. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the comments noted in Section VIII. and per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on April 15, 2021. At the public hearing.the Commission moved to approve the subject annexation request. 1. Summary of the Commission public hearing: a. In favor: Ben Semple b. In opposition: Eric Reece,Nicole Carr, Chris Ilgenfritz. Silvia Wilmock C. Commenting: Ben Semple mentioned the applicant would seek a Council waiver from requiring the extension of the water main to the east. d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Why are they extending water lines just for one project? b. Is this the lowest density and would this allow more lots to be developed in the future? C. Desire to keep the rural nature and do not want to see Cjty limits extended into their area. d. Concerns re a�g whether the infrastructure extension is setting p for more development in their area. 3. Key issue(s)of discussion by Commission: a. Comments about why they got rid of rural designations in the Citv. b. Whether not requiring sidewalk would set precedent for future projects. C. Clarified that any future development would require public hearings. Page 7 Page 228 Item#10. d. Discussed whether it was reasonable to require the annlicant to extend the water main to the east,or whether a service line was sufficient. 4. Commission change(s)to Staff recommendation: a. Commission recommended the applicant not be required to extend the water main to the east. b Commission did not believe annlicant should be required to install sidewalk. C. The Meridian City Council heard this item on May 18,2021.At the Public hearing,the Council moved to approve the subiect annexation and zoning requests. 1. Summary of the City Council Public hearing_ a. In favor: Ben Semple b. In opposition: None c. Commenting: Ben Semple d. Written testimony:None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Whether a dead-end water main at the east property line would be a health issue. b. Location and necessity of fire hydrant c. Need for a sidewalk along E.Paradise Lane 4. City Council change(s)to Commission recommendation. a. Affirmed a water main must be extended along E.Paradise Lane to the eastern Property line and fire hydrant must be installed. b. Required an asphalt Pathway be constructed along the E. Paradise Lane Property frontage. Page 8 Page 229 Item#10. VII. EXHIBITSSITE PLAN(DATE: 2/26/2021) nanr.M M6'aam eHlJn}' ki !Rl4R4[Mr I J --Fn MClr1YANM[eVi a `- — I ' I I I i i EG15F1 I _ II Fi.^ii5'IR I j I yrt'• I I I � I I '•.�4 I, � L I t I I T j I I j I I �de�iae _ � 1k'LYLYL YL�k�ytiy,,YLYLYl L��Iyy'i'{';{�;. I I t�ifi Yi{{{{{i[iCc' •s} ))} I CfEny gLYT!■ j'}'}'l}l}l}A'}A}A}A} 171?S7 dd�f d Kadadd4.a I ' � RmO.ndn�lill" P i�i tea. I 1 i _I I !ci%�:r < <'•: :f;. :�v.k%:4'= — I aa��ieaeeean ra r. I LOT LIFO iO 9E FA}',7h== I °if?sa� 1Y.Rx. ..... I � } I��t� Wli 4aaaa [lc I Cg I I 'dtidc:dc:dc:dddc:dd dd I I I �ucxtt..anu �rr ,,rcxcxtYc�+ �.^.�.d2la^.24 a"S�. I ' «ytitc. � 'dc:dadti/dti �e4��'ii K It lc5l N{, : ib>'xa.sa ya2 W '3 Sr'.ySc I I.r I i� ah �a I q` ' a`pa .,x SIR a` uaesmr t xursn' PAPADISE LN Page 230 Item#10. A. Annexation Legal Description and Exhibit(date: 2/3/2021) ANNEXATION ROBERTS PARCEL LEGAL. US RIPTIO N Lots 2 &3, Block 1, Heritage Subd ivislon No. 2, 5ituoted in the Smuthwe-st Quarter of the Northwest Quarter of Section 32, T-uwnship 4 Worth, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as fc)llows: COMMENCING at the Corner of Sections 30, 29r 32, & 31 monumented by a found aluminium cap as de5crihed in CP&.F Instrument No. 111098253 at the intersection of E.McMillan Road and N_ Locust Grave Road, from which the Quarter Corner cainmon to Sections 32 and 31 rx onumented by a found aluminum cap as described In CP&F Instrument No. 102102462 at the intersection of E. Lelighfield Drive grad N. Locust Grove Road bears, SouO 00"33' 8" �,hfest, 2,659.05 feet; thence SouthQ "33'Q$'°l est, 1,989.96 feet to tk�e POINT OF BEGINNING; Thence along the Northerly Bound@ry of Loa 2, South 89`31"13" East, 287.63 feet to the Northwest Co rr►er of Lot 4; Thence along the Westerly Houndary of List 4, South 00"32'52" West, 325.00 feet to the Tenter Line of E, Paradise lane; Thence along said Center Line, North I9°31°13."West.287.65 feet-to the to the Irervter Une of N. Lcieust Grove Road and the Westerly Ocundary of Section 32; Thence N*rth 00-33'171$" East, 325.00 feet to Vic- POINT OF BEGINNING, Containing 2.146 acres, more or less. End of description Prepared By, Ronald M- Hodge � 7 . 4j Page 10 Page 231 rncMl9lan�koad - ANNEXATION MAP IP _ I I 77 LEGEND I I I I I I I ANNEXATION LIME , y , I S ECT7N� I_ + _ .l s MERIDIAN CITY LIMITS ANNEXATION AREA II - - I I I I M1iERPQIAN CITE'LIMITS I P I r - —car sane — r{ 1_ITI t I —TOki� I No- 5I — I E IDIAN CITY LIMITS-— — 32=L•elghfl Urlv—e_— — — NOTE THIS CR WING IS R VISUAL REFERENCE ONLY. Page 11 Page 232 Item#10. VIII. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan for the single-family dwelling included in Section VII and the provisions contained herein. b. When the sewer line is extended to the N. Locust Grove Rd/E. Paradise Lane intersection,the existing septic system shall be abandoned and the applicant shall connect the new residence to City sewer and pay any applicable sewer assessment fees at the time of connection. c. The existing well shall be abandoned,unless used to irrigate the property. The new residence shall connect to City water and pay any applicable water assessment fees with the building permit. d. The applicant shall extend an 8-inch water main from the intersection of Locust Grove and Paradise Lane along Paradise Lane to the eastern property line and a fire hydrant shall be installed. e. The applicant shall construct a detached asphalt pathway along their E. Paradise Ln frontage. £ Prior to building permit,the applicant shall vacate the 5-foot drainage,utility construction and maintenance easement platted between the subject lots(Lots 2&3, Block 1 of the Heritage Subdivision No 2)and merge Lots 1 &2,Block 1 through a parcel boundary adjustment. B. PUBLIC WORKS 2.1 Site Specific Conditions of Approval 2.1.1 Sewer is approximately 1,400 feet North on Locust Grove, it is a requirement of annexation to connect to both City sewer and water. Any deferral or waiver to this requirement must be provided in writing from the City Engineer. 2.1.2 Water must be extended into Paradise Lane to the East property line. 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 Page 12 Page 233 Item#10. 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 I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.2.8 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,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. Page 13 Page 234 Item#10. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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 design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 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 Page 14 Page 235 Item#10. surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. ADA COUNTY HIGHWAY DISTRICT (ACHD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=224605&dbid=0&repo=MeridianC i &ct--1 D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=223933&dbid=0&repo=MeridianC ky E. NAMPA MERIDIAN IRRIGATION DISTRICT https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=224834&dbid=0&repo=MeridianC Lty F. PARKINS NOURSE IRRIGATION ASSOCATION https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=224834&dbid=0&repo=MeridianC ky IX. FINDINGS A.Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds annexation of the subject site with an R-2 zoning designation is consistent with the Comprehensive Plan LDR FL UM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds the size of the proposed house and lot will be consistent with the purpose statement of the residential districts will be compatible with the low-density rural character. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. The Council considered any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city Page 15 Page 236 Item#10. The Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with City/Agency comments and recommended development agreement provisions in Section VIII Page 16 Page 237 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement Between the City of Meridian and Joint School District No. 2 (dba West Ada School District) for Fields and Parking Lot at 915 E. Central Dr. Page 238 Item#11. Mayor Robert E. Simison E IDIAN�� g City Council Members: g Tre Bernt Brad Hoa lun Joe Borton Jessica Perreault \4% H 0 Luke Cavener Liz Strader May 25, 2021 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Garrett White, Recreation Manager, MPR Dept. RE: West Ada School District—License Agreement for Fields and Parking Lot at Jabil Fields. Background At the request of the West Ada School District and due to the new school development on the West Ada School District property(Jabil Fields),this is an amendment to the current License Agreement for Jabil Fields and Parking Lot. This amendment allows the City to continue to reserve and supply one full size soccer field and open green space for our community. The City is no longer responsible to maintain the pump station or parking lots. In short,the City will now only maintain the fields such as mowing,trash collection, and irrigation repairs that pertain to the fields. The West Ada School District will now be responsible for all areas outside the fields as well as the irrigation delivery system (pump) and all parking lot maintenance. Included in this amendment,the City will have access the rest of the District Service Center(DSC) parking areas for additional parking for those using the fields. Proposal To approve the amendment as written. Page 239 i Item#12. i k LICENSE AGREEMENT FOR FIELDS AND PARKING LOT AT 915 E. CENTRAL DRIVE This LICENSE AGREEMENT FOR FIELDS AND PARKING LOT AT 915 E. CENTRAL DRIVE ("Agreement") is made and entered into this 15th day of June , 2021 ("Effective Date"), by and between Joint School District No. 2, doing business as West Ada School District, an Idaho school district and body corporate and politic of the State of Idaho ("District"), and the City of Meridian, an Idaho municipal corporation("City"). WHEREAS, the respective governing bodies of City and District are mutually interested in encouraging and supporting athletic programming for students and community members; WHEREAS, City and District recognize that through cooperation, publicly-held facilities can be used to meet community needs for education and recreation; WHEREAS, District owns a parcel of property located at 915 East Central Drive in Meridian currently developed with a parking lot and two soccer fields; WHEREAS, District desires to make the soccer fields available for use by City for scheduled play until such time as the parcel is needed by District for other purposes; WHEREAS,District is willing,upon certain terms and conditions, to provide non- exclusive use of a designated portion of the property for the purposes stated herein for a period of time defined within this Agreement; and, WHEREAS, the Parties intend for this Agreement to supersede and replace the License and Maintenance Agreement executed on May 17, 2016, as well as any and all amendments or addenda thereto; NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT OF LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, District hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 915 East Central Drive, Meridian, Idaho, and legally described as a portion of lot 2, block 1 of the Jabil Subdivision. The portions of the property subject to this agreement are Field 1, Field 2, and the associated parking lots to the north of the fields, as generally depicted on Exhibit A hereto, as well as the parking lots to the east of the fields, and any and all parking areas for the District Service Center (collectively referred to herein as the "licensed premises"). The remainder of the property is not subject to this agreement. LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 1 Page 239 Item#11. i 2. TERM OF AGREEMENT This license is granted for an initial term to begin upon the Effective Date and expiring on December 31, 2022. This agreement shall automatically renew in increments of one (1) calendar year until otherwise terminated by either party according to the termination provisions contained herein. 3. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to making the fields available for athletic and recreational activities and special events. City shall be the designated contact for scheduling the use of the fields and may charge reasonable reservation fees. City shall be responsible for solid waste removal from containers provided at the licensed premises, provision of portable restroom facilities, and storage of soccer goals. The use of the parking lot shall be allowed as an incidental use associated with scheduled uses of the fields. No other use of the licensed premises shall be allowed unless otherwise approved in writing by District. 4. MAINTENANCE OF LICENSED PREMISES A. City shall maintain the fields at its sole cost and expense during the term of this agreement. This shall include irrigating, mowing, fertilizing, and weed control; and maintenance of the irrigation delivery system, including the replacement of broken or damaged heads, pipes, and valves that exclusively service the ballfields. City shall have access to the irrigation clock for management of the timing of the irrigation on the fields. B. District shall maintain the parking lots, all landscaping, and the pump station, at its sole cost and expense during the term of this agreement. This shall include maintenance of the parking lot asphalt subsurface, curbs, paint, striping, and landscape medians; and all landscaping, including vegetation and irrigation systems around the building. District shall also pay all costs associated with delivery of the irrigation water, including, but not limited to: electricity, ditch fees, and/or assessments. District shall be responsible for all costs related to maintenance of that portion of the irrigation delivery system that does not service the ballfields, including the irrigation pump. 5. TERMINATION A. TERMINATION FOR CONVENIENCE: Either party may terminate this agreement for any reason upon sixty(60) days' written notice. B. TERMINATION UPON LOSS OF IRRIGATION SOURCE: hi the event that the existing surface irrigation water source is discontinued or the irrigation system is otherwise made unusable for any reason (including but not limited to a catastrophic LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 2 Page 241 Item#11. failure of the irrigation system), City or District may elect to immediately terminate this agreement upon notice to the other party. C. TERMINATION UPON CITY'S DEFAULT: If City is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of City conferred by this Agreement, at District's option, may be deemed terminated and forfeited without further notice or demand. 6. ASSIGNMENT OR TRANSFER City shall not assign, sublet or transfer the licensed premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of District. 7. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To District: West Ada School District Attn: Superintendent 1303 E. Central Drive Meridian ID 83642 To City: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian ID 83642 B. Notice shall be either delivered or sent by U.S. mail, postage prepaid, to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail. 8. CONDITION OF LICENSED PREMISES City acknowledges that City has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. City agrees that upon termination of this Agreement, City shall surrender the licensed premises to District in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted. 9. HOLD HARMLESS AND INDEMNITY AGREEMENT LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 3 Page 242 Item#12. On or about January 27, 2015, City and District entered into a Hold Harmless and Indemnity Agreement; such agreement is attached hereto as Exhibit B and incorporated herein by reference as though set forth fully herein. 10. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, verbal or written, including, without limitation, the License and Maintenance Agreement executed on May 17, 2016, and any and all amendments or addenda thereto. 11. APPROVAL BY GOVERNING BOARDS REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the parties' respective governing boards. IN WITNESS WHEREOF,the parties hereto have subscribed their names on the Effective Date first above written. WEST ADA SCHOOL DISTRICT: By: (lJl�'IdVVW �A Dr. Mad Ann Ranells, Superintendent CITY OF MERIDIAN Attest: By: Robert E. Simison, Mayor 6-15-2021 Chris Johnson, City Clerk 6-15-2021 LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 4 Page 242 Item#11. EXHIBIT A LICENSED PREMISES At I I i !i I I I J ..; J 19Y10.3G.q �.I r E Field 1 Field 2 ' .... �. , i i •� I.fP I , LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 5 Page 244 Item#11. EXHIBIT B HOLD HARMLESS AND INDEMNITY AGREEMENT LICENSE AGREEMENT:915 E.CENTRAL DRIVE PAGE 6 Page 245 Item#11. EXHIBIT fast. � . r i West Ada �9sf SCHOOL DISTRICT HOLD HARMLESS AND INDLMNITY AGREEMENT (For use of School District Facilities by a Governmental Entity) THIS HOLD HARMLESS AGREEMENT("Agreement") is made by and between Joint School District No. 2, an Idaho school district and body corporate and politic of the State of Idaho,hereinafter the"District" and the City of Meridian,hereinafter referred to as "Entity". RECITALS: A. Entity is a"governmental entity"as defined in the Idaho Tort Claims Act,Idaho Code §6-901, er. seq. B. Entity is interested in having the opportunity to use various facilities and/or grounds of the District for public purposes from time to time as approved by the District. C. In exchange for the opportunity to use the District's facilities and/or grounds, Entity desires to provide certain written assurances and indemnifications to District for claims and damage arising out of or occurring during and from such use as hereinafter set forth. NOW THEREFORE, for good and valuable consideration, and in consideration of the recitals above, which are incorporated herein, and the mutual representations, covenants, undertakings and agreements hereinafter contained, District and Entity agree as follows: 1. Indemnification of District. Entity shall defend, indemnify and hold harmless the District, and District's trustees, officers, agents and employees, and the State of Idaho, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life,personal injury and/or property damage arising out of or relating to the occupancy or use by Entity of any part of the District's facilities and/or grounds occasioned. wholly or in part by any act or omission of Entity or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongful act or omission of the District and/or the District's officers, employees,or servants. 2. Entity to Maintain Insurance Coverage. As a condition precedent to any use of District facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. Dr. Linda Clark,Superintendent 1303 E.Central Drive - Merldlan,ID 83642 • P: (208)855.4500 - F; (208)350-5962 Page 246 Item#11. i a. The insurance policy shall contain standard liability insuring agreements in the limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as a result of any one(1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five(5)business days prior to Entity's first use of District's facilities and/or grounds, and at least annually thereafter for so long as Entity shall use any such facility and/or grounds, Entity shall furnish the District with a certificate, of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the District with thirty (30) days prior written notice of cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised limits within ten(10)business days of the effective date thereof. e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out of Entity's use of the District's facilities and/or grounds. 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4. Notices, Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified,return receipt requested,postage prepaid, and properly addressed as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 E. Central Drive Meridian, ID 83642 To Entity: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian,ID 83642 5. Assent. Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreement. Dr. Linda Clark,Superintendent 1303 E.Central Drive • Meridian,ID 83642 P; (208)855-4500 • F: (208)350.5962 Page 247 Item#11. 6, Attorney's Fees. In the event that suit or action is instituted by either party to interpret or enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 8. Authority of the Parties. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duty authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement, 9. Amendment or Modification. No modification, release, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. ENTITY: pia Tammy eerd,Mayor Date: / � IS-- City of ATTEST: 4A t4 A.4DIAN'� ayce . Holman, Ci erkENLW rr'r'I Ih,TRC?.��aa DISTRICT: Joint School District No. 2 ��4-U—, Linda Clar1 , Superintendent Date; 1 Z 3 / Dr. Linda Clark,Superintendent 1303 E.Central Drive - Meridian,ID 83642 - P: (208)855.4500 • F: (208)350-5962 Page 248 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works Request from Mussell Construction for Connection to the City Water System Outside City Limits at 4495 S Meridian Rd. Page 249 Item#12. (�M� IE N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Warren Stewart, Public Works Meeting Date: June 15, 2021 Presenter: Kyle Radek Estimated Time: 10 minutes Topic: Request from Mussell Construction for Connection to the City Water System Outside City Limits at 4495 S Meridian Road Recommended Council Action: Approve the request from Mussell Construction for connection to the City Water System. Background: I. DEPARTMENT CONTACT PERSONS Kyle Radek-Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Dale Bolthouse, Director of Public Works 208-985-1257 II. DESCRIPTION Mussell Construction wishes to construct a 4,500 sf addition to their existing building at 4495 S Meridian Road. The parcel is not contiguous with the City, therefore they are developing the addition through Ada County. The parcel has direct access to City water but not sewer. Central District Health will approve an addition to the septic system if City water can be provided for fire suppression and domestic use. III. STAFF FINDINGS AND RECOMMENDATIONS A meeting was convened to discuss any issues that needed to be addressed through an agreement to allow the connection requested. No staff were opposed to approving the request provided their concerns were addressed. • Fire Department: Page 250 Page I of 3 Item#12. o Recommend doing a retrofit to the existing building to include sprinklers. Details of fire protection plan to be coordinated and approved through City Fire Plans Examiner. o With the addition of sprinklers, code will also require a fire hydrant within 100' of the FDC. • Public Works: o Sewer hookup and annexation required when available/ contiguous. o Assessment fees, design and construction costs are responsibility of owner. Plans for City infrastructure must be approved and inspected through Community Development/Public Works. o The existing well must be properly abandoned unless it is used for irrigation and must remain completely separated from City water. o According to section6-4 B of the Meridian Design Standards, a future install agreement will be required at annexation for 2 streetlights. Public Works prefers to execute this agreement now. • Community Development: The property must meet the following requirements when it annexes: o Comply with Architectural Standards o Provide 35 ft street buffer with 10 ft multi-use pathway and landscaping. o Provide landscaping in parking lot. o Provide noise abatement. o Provide cross-access easements to adjacent properties. o Discontinue access to SH-69 when other access is available. A separate Pre-Application meeting was held through Community Development before it was determined that the applicant could not annex and develop in the City. The pre-application notes are attached and should be incorporated into the agreement. Staff recommends that the request to connect to City water be approved. IV. ALTERNATIVES Council could deny the request. The owner would either not be able to provide fire protection for their building, or they will have to develop another system such as a new well and tank to provide fire protection. This would likely result in the parcel staying in the county for much longer,which would affect the City's desire for access control on SH-69, pathway development, and other stated issues. V. TIME CONSTRAINTS The owner would like to secure an agreement and begin construction within 6 months. VI. LIST OF ATTACHMENTS • Request from Mussell Construction for Connection to the City Water System Outside City Limits at 4495 S Meridian Road Page 2 of 3 Page 251 Item#12. Preliminary Plan Set o Pre-Application Notes Approved for Council Agenda: Date: (0 3 Z i Page 3 of 3 Page 252 ttem#92. PO Box 3304 111LJ55ELL Nampa, ID 83653 Phone: (208) 466-3331 No CONSTRUCTION INC . Fax: (208) 466-5717 May 6, 2021 To Whom it May Concern: The purpose of this letter is to request to connect to City water services "outside of Meridian City limits for the property located at 4495 S. Meridian Road, Meridian, Idaho, Parcel #R4622730070. This request is in relation to our plans to construct a 4,500sf addition to the exiting Adventure Church. Use of the Addition: The facility will be used to conduct church worship services. Hours of church services will be Sundays from 9:OOam till 12:OOpm and Wednesday evenings from 6:30 till 8:OOpm. The number of worshipers will range from 76 to 110 with no more than 5 employees during the largest shift. Sewer& Future Annexation into City Limits: Initially, we reached out to the City to hook up to the city sewer system...thinking the new Stapleton subdivision was our north boundary. We then learned that the property's north boundary is just short of City limits by a 10'-to-20' strip of land. We have not been able to purchase or acquire an easement for this strip of land. Hence, we are unable to hook up to the City sewer system. Water Source: In discussion with Central District Health Department, they will approve our plan to add an additional septic tank to the existing system providing we can connect to the City's water system for fire suppression and domestic water. We are requesting to connect to Meridian City water services "outside of the city limits" for the purpose of fire suppression and domestic water as required by Central District Health Department. We agree to comply with all City policies and requirements that will be asked of us to connect to City water services. We look forward to being annexed into Meridian City limits and it is our understanding with the development of the adjacent property (south of the property), another access will be provided to the property, eliminating direct access to Meridian Road. With annexation we agree to connect to the City's sewer system as soon as available, will comply with all policies &requirements for sewer connection, and; we willing forfeit direct access to Meridian Road knowing we will be allowed access through the development of adjacent property. Sincerely, Mike Mussell, President Page 253 Item#12. CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name:Jessica Condominiums Date: 3/2/21 Applicant(s)/Contact(s): Mike Mussell,Jay Lundergan City Staff: Sonya, Bill, Miranda, Bret, Terri, Codee, Kim Location: 4495 S. Meridian Rd. (#R4622730010) Size of Property: 1.59 Comprehensive Plan FLUM Designation: Mixed Use—Community(MU-C) Existing Use: Multi-tenant building with a milk testing lab&church Existing Zoning: LO in Ada County Proposed Use: No change in uses proposed; an addition to the existing building is proposed Proposed Zoning: L-0 or C-C Surrounding Uses:Ag land Street Buffer(s)and/or Land Use Buffer(s): 35'wide street buffer required along S. Meridian Rd./SH-69, landscaped per the standards in UDC 11-313-7C Open Space/Amenities/Pathways: A 10'wide detached multi-use pathway in a public use easement is required within the street buffer along S. Meridian Rd./SH-69 per UDC 11-3H-4C.4 with landscaping on either side per the standards in UDC 11-313-12C. Access/Stub Streets/Street System:Access via S. Meridian Rd./SH-69, provide cross-access easements to adjacent properties to the north and south in accord with UDC 11-3A-3.Existing access will be allowed to remain until such time as access is available from an adjacent property then the access via SH-69 shall be discontinued &removed. Waterways/Topography/Flood Plain: NA History: Jessica Condominiums(2011), Units 1-6.An agreement w/the City exists that requires annexation into the city and hook up to City water&sewer services when available (2012?). Additional Meeting Notes: The subject property is not currently contiguous to City annexed land; therefore, it's not eligible for annexation at this time. Once eligible and annexation is requested,the following will apply: ■ Annexation w/L-0 or C-C zoning consistent w/MU-C FLUM designation; comply w/dimensional standards in UDC 11-213-3 for the applicable district.The milk testing lab is classified as an office (aka professional service) (NAICS 541)and is a principal permitted use in the L-0&C-C districts as is a church, subject to the specific use standards in UDC 11-4-3-6. ■ If new development, including an addition or a change in use is proposed, comply with the following standards: • Provide noise abatement along SH-69 for the church use consistent with the standards listed in UDC 11-3H-4D. • Provide a 35'wide street buffer along S. Meridian Rd./SH-69 landscaped per the standards listed in UDC 11-3B-7C; a 10'wide multi-use pathway is required within the buffer with landscaping on either side per the standards listed in UDC 11-3B-12C. • Parking lot landscaping is required per the standards listed in UDC 11-3B-8C based on the applicability in UDC 11-313-2. • Compliance with the design review standards listed in the Architectural Standards Manual is required for any addition as set forth in UDC 11-513-813. Note:Based on SB1108 that is currently before the State Legislature, the City is taking a "pause"on approving larger annexation applications until the outcome of the Bill is known. If passed,it could substantially impact the City's service levels&limit the City's ability to keep up with growth needs. Note:A Traffic Impact Study(TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays&expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s)at the City. Please contact Mindy Wallace at 387- 6178 at ACHD for information in regard to a TIS, conditions,impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District(SID) ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit ❑ Preliminary Plat ❑ Alternative Compliance ❑ Conditional Use Permit Mod ification/Transfer ❑ Private Street X Annexation ❑ Development Agreement Modification ❑ City Council Review ❑ Final Plat ❑ Rezone ❑ Comprehensive Plan Amendment—Map ❑ Final Plat Modification ❑ Short Plat ❑ Comprehensive Plan Amendment—Text ❑ Planned Unit Development ❑ Time Extension Page 254 Item#12. CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES ❑ UDC Text Amendment ❑ Variance ❑ Vacation ❑ Other Notes: 1)Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-6C prior to submittal of an application requiring a public hearing(except for a vacation or short plat);and 2)All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3(except for UDC text amendments, Comp Plan text amendments,and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan.Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four(4)months. Page 255 Item#12. LEGEND GENERAL NOTES m O FOUND 1/2" REBAR "AS NOTED" 1. TOTAL PARCEL AREA: +/- 1.59 ACRES d O d ° ° d ° d • FOUND 5/8 REBAR AS NOTED 2. CURRENT ZONE: RUT 0 — 3. PROPOSED ZONE LO ROW ROW ROV — ROW ROW ROW- ROW ROW ROW ROW ROW 0 FOUND ALUMINUM CAP R a SUBDIVISION UNDER DEVELOPMENT w 4. IMPACT AREA: CITY OF MERIDIAN 00 0 MAIL BOX 5. EXISTING BUILDING SHALL REMAIN +/- 8740 SF SIGN POST 6. EXISTING LANDSCAPE BUFFER ALONG MERIDIAN ROAD TO LU REMAIN Ss Ss Ss ss Ss Ss Ss Ss O — (P� _ __ ® POST/ BOLLARD f�89°27'11"W-70.00' 7. SITE LIGHTING: 6 EXISTING FRONT-EVE MOUNTED, DOWNWARD CA � '— — �B I �a FACING CANNED FLOOD LIGHTS ON MOTION SENSORS WILL 1V8g°13'03 E-24S•22' — — \ IRRIGATION CONTROL BOX REMAIN. SAID LIGHTING COMPILES WITH ACC 8-4H-6D & LIGHT — — — / ) DOES NOT TRESPASS ONTO ADJACENT PARCELS. —� — � � � w � IRRIGATION CONTROL VALVE 8. SIGN PLAN: BUSINESS SIGN NOT REQUESTED AT THIS TIME. AT N4 Co) \ \ PIPE INVERT A LATER DATE, SAID SIGN SHALL BE INCLUDED WITH THE EP EP EP I APPROPRIATE BUILDING PERMIT. 16 12TH Ave. Ste. 112 0 � EP EP � � � Im / / \ /� / / I w 9. OVERLAY DISTRICT: NONE Nampa, Idaho 83651 cn 1 I TOP OF PIPE 1 / PARKING PUMBERS a I m WATER SPIGOT 10. PARKING REQUIRED: 14 STALLS Phone (208) 955-8126 l w PROPOSED PARKING AREA w \ I a ® WATER MANHOLE 11. PARKING PROVIDED: 39 STALLS (INCLUDING 1 HANDICAPPED O m O w / STALL), 9'W x 20'L —� m �' I I O ® TELEPHONE RISER 12. SITE ACCESS: EXISTING MERIDIAN ROAD APPROACH TO BE Q Ia UTILIZED UNTIL ADJACENT LAND DEVELOPS AND PROVIDES 0 ELECTRICAL BOX FOR NEW APPROACH PER ITD AND CITY REQUIREMENTS. Z P Q I TOP w w 13. OWNER AGREES TO ANNEX INTO THE CITY OF MERIDIAN WHEN Q ZO O I LIGHT POLE THE SUBJECT PARCEL IS ELIGIBLE FOR ANNEXATION. Z U Q POWER POLE 14. SEWER: EXISTING SEPTIC TO BE UTILIZED UNTIL CITY SEWER IS J U I I / a ADJACENT TO THE PARCEL. OWNER SHALL FILE AN D- = Z M � cn I I / ACCESSORY USE APPLICATION TO THE CENTRAL DISTRICT I— I U) r I w - - PROPERTY BOUNDARY (LOT) W I w o co I HEALTH DEPARTMENT. cn � I -1 I0 / EXISTING DRAINFIELD w I I O o TO BE ABANDONED Q I I ¢ SECTION LINE 15. POTABLE WATER: EXISTING DOMESTIC WELL TO BE UTILIZED Z W 0 o / ^I I / O UNTIL CITY WATER IS ADJACENT TO THE PARCEL. LLJ z J 6 I I w w RIGHT OF WAY LINE U' w w U I I cn ? J Q 16. PAVING MATERIAL SHALL CONSIST OF 4" MIN OF 2" CRUSHED > rn H CQ W, I m 1 0 EXISTING EDGE OF PAVEMENT AGGREGATE WITH 2.5" MIN OF RECYCLED ASPHALT SURFACE. Q � Z rn I a I i � w I I col ILL / w 17. THE EXISTING LANDSCAPING IS SERVED WITH A PRESSURIZED N I I - - �ii O a -0 0 ✓ I - 2 W EXISTING WATER LINE SYSTEM VIA THE EXISTING WELL. U Q I 12�a t O Q I / X X - EXISTING FENCE 18. A MINIMUM OF 1 BICYCLE PARKING PLACE WITH WHEEL RACK 0 O I _ o Ow -i SHALL BE PROVIDED. Q can I I m m U) ~ I POW EXISTING POWER LINE 19. A LOADING ZONE SHALL BE PROVIDED. ¢o I 0 H U) I PROPOSED PARKING AREA I O m I � \ L w GB EXISTING GRADE BREAK 20. FLOOD LIGHTS INDICATED ON SIDE AND REAR OF BUILDING. ILL Zco /w I� I 21. CAN LIGHTS INDICATED BY FRONT DOORS. T o \ PHONE LINE zJ U) ® M J ^� , w 22. POST LIGHTS INDICATED AT ENTRANCE OF PROPERTY. Q Lu I TOE TOE OF BANK 0 NI w ,� EP ® TOP Q �I _ / ® ° ( �B M SIDEWALK U) 0 o 0 / / N`' cn EP to ``� I TOP TOP OF BANK v 0 / E EP EP EFYZ EP J c z / N TREE DRIP LINE w z / 1 cOn w > c14 I o I o Q m i z c) / I REMAIN AS IS RRI$ SfT EP EP Ll o \EP EP EP EP -o �� N �� Pow ( o p0 �— 0 J I 0 w Pow I a P POW POW C ® co I SUBJECT PARCEL O J , T ¢= / T I w T = a m / T T _Q� w Of ryILL _ _ I \ \ I w U O m m © z Q z Q l —_� -0 I m I w 1 O o z t— i w M_ Y f�D -AMITY_R w — BUILDING ADDITION J Q N O Ll a 0 Q / a �� 0 m z I I Q a w co O /� a O a 0 I I w I W� / I � I � / — OFFICE � 171 ® � w / / m I w / N. VICINITY MAP ,prq 1/20121 "' PROPOSED SWALE I I / N.T.S. �� I \ OF SIDE ��e K� N a Iw I �� �� I w O O �_ W _ W W o L_. \ W W W I I ,5 w I LE NUMBER: W W FI LE o 202993 a I S89 02711"E-227.81' w ILL I Q \ DESIGNED BY: i C. KENYON AGRICULTURAL / I RAWN BY ADVENTURE CHURCH CDKENYON z O } ee ee � � f H ee-� Fa � 'e � � ' � T .- E1e DATE ILL Y FRONT - m > SHEET NUMBER: } MASTER SITE PLAN 0 1:20 (22x34 FULL SIZE) 20 10 0 20 60 CS- 101 ILL (SCALE IN FEET) ELEVATIONS OJ 1 O F 4 a Page 256 Item#12. LEGEND GENERAL NOTES o FOUND 1/2" REBAR "AS NOTED" 1. THE TOPOGRAPHIC SURVEY WAS PERFORMED BY TIMBERLINE ' LAND SURVEYING, DECEMBER 2020. d � ° a ..a .d. d .. c e a a a ° O FOUND 5 8 REBAR "AS NOTED" a 2. ELEVATIONS ON PLAN HAVE BEEN TRUNCATED BY 2700 FEET. ROW ROW ROW ROW ROW ROW ROW- ROW ° ROW ROW ROW ROW a ® FOUND ALUMINUM CAP 3. MAXIMUM SLOPE TO BE 2.5:1. 3 w ° MAIL BOX 4. IT IS ASSUMED THERE WILL BE NO RUNOFF FROM ADJACENT RB 18.16 PROPERTIES ENTERING THE DRAINAGE FACILITIES. BENCHMARK SIGN POST 5. ALL CONSTRUCTION WORK SHALL BE DONE IN ACCORDANCE NG 17.58 � w WITH THE CURRENT ISPWC (IDAHO STANDARDS FOR PUBLIC 0 NG 17.12 NG 17.67 PP POST/ BOLLARD WORKS CONSTRUCTION). RB 15.52 - - PJ89'27'11"W 70.00' 6. THE CONTRACTOR SHALL CONSTRUCT ALL NEW FACILITIES 12Z45,BENCHMARK N86°13'o3"E22 - - � - Ce IRRIGATION CONTROL BOX _ \ BOTH INSIDE AND OUTSIDE OF BUILDINGS TO MEET OR EXCEED - - � - - � � ) � � - IRRIGATION CONTROL VALVE ADA STANDARDS. p� - - - � RB 17.84 I / 7. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND \ C BENCHMARK \ ELEVATIONS ON SITE. THE CONTRACTOR SHALL FIELD VERIFY EP EP PIPE INVERT EP n EP \ I ELEVATIONS OF EXISTING MATCH POINTS PRIOR TO 16 12TH Ave. Ste. 112 \\ / NG 17.72 \ '� a TOP OF PIPE CONSTRUCTION. ANY CHANGES WHICH DEVIATE FROM THESE Nampa, Idaho 83651 m PLANS MUST BE APPROVED PRIOR TO CONSTRUCTING. � a � � I w 1 / I EX CONC 17.80 °I° I (1) WATER SPIGOT 8. ONLY APPROVED PLAN SETS SHALL BE USED BY THE PROJECT Phone (208) 955-8126 w 'l I I I I CONTRACTOR AND SHALL BE KEPT ON SITE AT ALL TIMES. \ m w ® WATER MANHOLE -► O l w / 9. THE CONTRACTOR IS RESPONSIBLE FOR ALL WORK O I Om I � 1.36=� EP 17.66 I I ® NECESSARY FOR FINAL ACCEPTANCE OF WORK FROM OWNER 0 / / TELEPHONE RISER OR ANY OTHER GOVERNING AGENCY INCLUDING BUT NOT Q Iw / LIMITED TO AS-BUILT DRAWINGS, INSPECTIONS, TESTING 0 m ( .I a ELECTRICAL BOX REPORTS, AND CERTIFICATIONS. Z z IO I EP RIM 16. 1 P Ow I w / 10. CONTRACTOR SHALL OBTAIN ALL APPLICABLE CONSTRUCTION Q 0 Z LIGHT POLE PERMITS. THE CONTRACTOR IS RESPONSIBLE FOR ANY = a Im I \ a / ® NECESSARY PERMITS AND FEES. Q 0 W O U NG 1 POWER POLE Q � : m 11. THE COST OF VARIOUS FENCE, GUARD RAIL, LANDSCAPING, Z = Z I I� w IRRIGATION SYSTEM, MAILBOX, SIGN, ETC. REMOVAL AND tp:,P - - PROPERTY BOUNDARY (LOT) Q v Q co O I to / o I h O REPLACEMENT SHALL BE CONSIDERED INCIDENTAL TO THE W Z m I COST OF THIS PROJECT. O N o �u m I / SECTION LINE o LL] v l j 12. ALL ASPHALT MATCH LINES FOR PAVEMENT REPAIR OR Q Z J w / RIGHT OF WAY LINE REPLACEMENT SHALL BE PARALLEL TO THE CENTERLINE OF (� � Lo Lu �EP 17.66 / THE STREET AND INCLUDE ANY AREA DAMAGED BY Z 0 M >_ U) o O ) �/ EP EXISTING EDGE OF PAVEMENT EQUIPMENT DURING CONSTRUCTION. Q Q Z Z rn I I I rn I m I / / W 13. THE CONTRACTOR SHALL PROVIDE OR MAINTAIN ALL EXISTING (� N EXISTING WATER LINE U CD N I I ) /I ` y I I / / w / DRAINAGE FACILITIES CONSTRUCTION ARE ST ONAREA UNTIL EP 17.68 THE IMPROVEMENTS AREINPLAEAND X FUNCTIONING. Q O OO Q N 1 17.7 I / m p I I m m POW EXISTING POWER LINE 14. ALL CONTRACTORS WORKING WITHIN THE PROJECT oI I Om m I w I BOUNDARIES ARE RESPONSIBLE FOR COMPLIANCE WITH ALL I lay GB EXISTING GRADE BREAK APPLICABLE SAFETY LAWS OF ANY JURISDICTIONAL BODY. THE ILL to I CONTRACTOR SHALL BE RESPONSIBLE FOR ALL BARRICADES, W klO IM I T PHONE LINE AROU DSAFETY DTHE EVICESCONSTRUCTION AND OAREATRAFFIC WITHIN AND N zQ ^q, m NG 18.34 W \ w TOE TOE OF BANK 15. THE CROSS SLOPE OF ALL SIDEWALKS SHALL NOT EXCEED 2% Y ) INIA EP TOP /o (1.75% IS TARGET). CO RIM 17.06 o H SIDEWALK Q �� ' EP 17.90 °B M oNo o N EP m-- I� / `e TOP TOP OF BANK E =Ep EP FP z EP �� I ABBREVIATIONS o 1� EX E 18.47 N TREE DRIP LINE w / / / NG 18.44 K BENCH MARK BM 0 / ?�o I o EDGE OF PAVEMENT EP 0 / o M m / TOP WALK EX EP 1_ 74 I z ELEVATION EL / EP 18.08 EP - EP EP CDP P EP FA J EXISTING EX N 1 0 POW pOW ® NG 18. 4 FINISH GRADE FG 0 1 O - POW J P E� Q I ® I 0 I NATURAL GROUND NG J TOP WAL POW POW01 m \ T / EP 18.1 2 o T w GRADE BREAK GB o ( J T T , o z �o I w \ INVERT INV m a T ILL / EP 18.25 m MATCH MA Z I ING18.74 I I w O o w �- �� BUILDING ADDITION RADIUS R00 cn O � rn `_ I I I / REBAR RB � O mt ( Ll -' w a m RIM OF FEATURE RIM ILL Q a w m O 10 ~ TOP OF CONCRETE TC ��®]SAL� SWALE DIM ��� cEys��G�� / I PER PLAN TOP OF ASPHALT TA Q 0- TOP 16.57 EP 17.28 EP 17.81 m m a / WATER METER WM 17106 (0p y BOT 14.57 0, 1.0 w / °/° 2.0% ,p 1/20/21 I � � I I / 3 � 4TE OF 1®�� N I L- AA 1 SWALE DEPTH PER PLAN ® K� o I a I w O %j\//j\//j /j\//j\//j_� 2.5"ASPHALT o ���\��\�� /�\�A�\�A� NATIVE SOIL 4"CRUSHED ROAD BASE `� ga FILE NUMBER: / % / /% / - o 0 0 (3/4"- INCH MINUS) o 0 0 202993 ILL NG 17.76 NG 17.88 S89 2 il7 E-227,8 it w \ \ \//\\\\\ NG 17.86 NG 18.15 NG 18.65 CAP 18.71 I / / <�/i����� \ \ / / / / DESIGNED BY: p BENCHMARK / / / / / C. KENYON MINIMUM 3'VERTICAL SEPARATION / /12"OF PITRUN / \ I DISTANCE FROM THE BOTTOM OF / / \ / / / / / \ DRAWN BY: NATIVE SOIL SWALE AND THE SEASONAL HIGH OO COMPACTED C. KENYON GROUND WATER TABLE 0 3' MIN OF ASTM C33 FILTER SAND TO SUBGRADE 4d DATE z PENETRATE FREE DRAINING SOIL January 2021 ILL V MIN. Y In > SHEET NUMBER: w J GRADING AND DRAINAGE PLAN DETAIL PAVEMENT SECTION U co 0 1:20 (22x34 FULL SIZE) 20 10 0 20 60 A NTS A NTS CS- 102 ILL mmmi (SCALE IN FEET) 0 20F4 a Page 257 Item#12. 24" DIA. TRAFFIC RATED FRAME AND STANDARD PERFORATED DRAIN PIPE, DIA. PER PLAN MANHOLE COVER WITH CONCRETE COLLAR, PER ISPWC SD-617 24" DIA. TRAFFIC RATED 0 4" GRADE RING INLET GRATE AND FRAME WITH CONCRETE COLLAR iAA/VA/ /VA/ VA/VA/VA/VA/ �AAAjVAAVA/�V� � /VA//VA//VA//VAi 0.58 PP 0.50'-77ul END VAVAVAV� ED N86°13'03"E-245.22' _ _ - A//%�/jam/ CAP _ _ — — 1000 GAL S/G TRAP THINWALL RIM EL 16.91 I KNOCKOUTS /j BAFFLE EL 14.16 I OUTLET INLET WIDTH °W° INV OUT EL 13.91 ESP—� EP EP EP \ — � 16 12TH Ave. Ste. 112 EP — EP 19.6Tm 1 000 GALLON SAND 1.00, Nampa, Idaho83651 ( 7 Phone (208)955-8126 PARKING PUMBERS a- I ' AND O I L TRAP m w I B NTS I m of I O 2 25. 0'LL IEP Top w Q = Q � O \ 7.6 LF, S=0.5%, MONITORING WELL C) 6" SDR-35 tI I I/ QU Qo LENGTH(D " " LLJ z Ir O w jjj U co o I I I j -� DIA. PER PLAN, SOLID PIPE TO DRAIN ROCK PROVIDE (n z J 10.00, WATER TIGHT SEAL TO SAND/OIL TRAP. � I 20.00 O p rn 'q 75.00' It z go,0 I I 4 DIA. PERFORATED MONITORING -i 2'MIN. LENGTH &WIDTH PER PLAN WELL WITH TRAFFIC RATED METAL O N I I CAP AND LOCK PER ISPWC SD-627 Q 1 Q J \ I O 0 Q w I V� VA VA v \ vA vA vA vA vA vA vA vA VA VA v VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA VA V� PROPOSED SUB SURFACE ✓/ // // // /// // // // // // // // // // // /////////// /// // // // // // // // // // // 0 2 O /V/V/V/�/�/�/�/�/�/�/�/�/�/�/�/ /V/V/�/ �/� /V/V/V/V/V/V/V/V/VV/ i U a I I m � SEEPAGE BED, DIMS AS ;//�//�//�// ����\, � WRAP TOP AND SIDES IN TYPE II co Q m SHOWN, 4' DEEP ROCK ��\\�\\�\\/ \ \\\�\\ NON-WOVEN DRAINAGE GEOTEXTILE 00 = I I~— 24.00' I /�\�/�\�/�\�// 0.50' MIN O . � o ACCORDING TO ISPWC 2050 4.00 \/ / / // ///x ° PER PLAN J J I 3.4 LF, S=0.5/o, ILL c=n \ 6" SDR-35 m /w I� \ \ \// j//////j 4.0' OF CLEAN DRAIN U) O I O >�\/\\/\\/ \\j\\j\\j' ROCK 1-1/2"TO 2" DIA. ILL m Y // // // z / \\%\ 3' MIN OF ASTM C33 FILTER SAND. Q � � EP ® � � `�I�� � //VA//VA// /VA//VAS/ 0 TOP _ j/ / /\/ BOTTOM OF SAND SHALL EXTEND 0 p cc) I \ THROUGH IMPERMEABLE LAYER AT m h \/�\// \/� LEAST 12" INTO FREE DRAINING SOIL - -- - - - - - - - - - - - - - - - - - �_ - - i - - EP EP EP EP ER / FOOT PLATE ��A� p 3'VERTICAL SEPARATION DISTANCE ILL L 1000 GAL S/G TRAP //i�%�% % %� �%i��%y �%/;��/i�/ //AA//AA//AA//AA//AA//A//i�%�%� �%VA/��A \�/�VA��A VA/A� FROM THE BOTTOM OF DRAIN ROCK AND THE . /,�/, . i \ \/ SEASONAL HIGH GROUND WATER TABLE z RIM EL 17.06 20.52' w w BAFFLE EL 14.31 p FREE DRAINING SOIL Q / 27•� INV OUT EL 14.06 i / SEEPAGE BED SECTION rn EP F _ B 1 NTS o EP EP EPA EP N _ o POW POW POW z C J = P POW-_— POW o_ 7? T Q 22.00' T ABCO } 0 BUILDING ADDITION T = / m r w _ 202993--Adventure Church Addition Stormwater Volume Calculation U) � w z / I Area 1 Seepage bed 1 Area 2 Seepage bed 2 O 0 / Total Area (sf) 52,432.00 Total Area (sf) 17,656.00 j Q I I Impervious Area(sf) 36,895.00 Impervious Area(sf) 6,233.00 u m 3 Impervious Area Coefficient 0.95 Pavement Impervious Area Coefficient 0.95 Pavement w Pervious Area(sf) 15,537.00 Pervious Area(sf) 11,423.00 Q o I Pervious Area Coefficient 0.3 Landscape Pervious Area Coefficient 0.3 Landscape / I Rainfall (in) 1 100 year 1 hour precipitaion Rainfall (in) 1 100 year 24 hour precipitaion 0 Q Rainfall (ft) 0.083 100 year 1 hour precipitaion Rainfall (ft) 0.083 100 year 24 hour precipitaion S5� NAL EN o- 10.00, Volume of SW on site(cf) 388.43 From Pervious Areas Volume of SW on site(cf) 285.58 From Pervious Areas �C�� ��CENS 40 / Volume of SW on site(cf) 2,920.85 From Impervious Areas Volume of SW on site(cf) 493.45 From Impervious Areas � PROPOSED SURFACE � m 4 � D_ SWALE, DIMS AT TOP AND / / Volume of SW infiltrated (cf) 1,250.00 Volume of SW infiltrated (cf) 50.67 17106 BOTTOM AS SHOWN, p 1/20/21 C 2' DEEP �72 rn Total SW on site(cf) 2,059.28 Total SW on site(cf) 728.35 2.00' \ 11.00 � � Tf OF 0p Storage Field 1 Field 2 'q(� 0 14.00' L— J 8E c\ T Storage Area Top Area Bot Area Avg Storage o T 38.00' �I GL�'� I I �� Location Porosity(%) Length (ft) Width (ft) Depth (ft) Volume (sqft) (sqft) (sqft) Depth (ft) Volume 14.00' Drain Rock 0.3 75 25 4 2,250.0 o a * W W WWW " Swale 1 700 76 388 2.0 776.0 � 50.00' TOTAL 2,250.0 776.0 FILE NUMBER: S89027"11"E-227.81' \ W W — 202993 0 0 1 Infiltration 24 hr check - - - - w Time of Depth to Time of DESIGNED BY: Q Infiltration Infiltrate Depth to Infiltration Infiltrate Infiltrate Infiltration C. KENYON Soil Type Rate(in/hr) Area (SF) Infiltrate(in) (Hr) Area (SF) (in) (Hr) Sand and Gravel 8 1,875.0 13.179 1.647 76 115.003 14.375 DRAWN BY: C. KENYON z 0 DATE z W Y m SHEET NUMBER: w J SITE PLAN ED CS- 103 0 1:20 (22x34 FULL SIZE) 20 10 0 20 60 w (SCALE IN FEET) OJ 30F4 m Page 258 Item#12. 14' * HOOK FINDER MIRE • �T� k�FpER #•IpJh 5 FIRE HYTIRANT ;;EE SEC. 403 'SGEWALX 2" Wr)E RED RETRCV2EF LECn1oF_ FW15HEZ # aLL *EATHN •tEFEA Tor W1 CRADE ?APE ARCL,41) DAFEREL FINISH rR4X 0 X END CF 7�ar CH EDGE 5' P,C OF WUHT-CF-WAY VpLs+E R15EFt N0. 12 .3f4' TO S ,LEAN FINDM PARE F GRAIN ROCK E%'ENCS YALVE ABRIC Q' Hbk4pwTALLY 5EE 5111 YQ. 'M19 BFrAIH, is FP!QV EACH SICE DF {reJ FLArI IEEE# CLEAR 03MC. 3A-5E ayD THRUST BLOCK A51Na 'M"K b' TEE ,� „#... {r '#e IV.ALLY TO e {NJ , MJ a FLAMG d' DIA_ f*° '+ r. AI10VE HYDRANT PATH THEN T 9LC�{ PIPE r 35 �° f'L �r• 0RAI4 4��4LL 16 12TH Ave. Ste. 112 s; . ' Carr Irr PLACE (-QNC Nampa, Idaho 83651 THRCJST BLOCK P - �4 rF OF T}Y-ffT Phone (208)955-8126 91-OCNI REQUIRED) (;;EE rOTE WG 5) v-%L•AE SUPPORT 414 H I-j�H 144-11 -H-1 147*P I-I­H' O J =E Sr CA ,-rYrft LAST IN PLA cE] O2 - 5GUD PRECAST kli mm faECncN CONCRETE OLOOKSZV AIDE O SEYJD PR OkWr„;r,*4'_RETE BLOC Q V x 1' ■ E' THICwa ° IRR •a °�.• 4°• � Q � MITESROW ROW ROW ROW R Z RO fEG F4 a HE'Laf 4E4 SHALL BE F15TALELI C :r� Q 1. HYDRAVS THAT ARE TO BE RE.DC& L 4S C — z ,p�O�nl/n: WFTH THIR DETAI_ p !� V� 1 ILL &JULIARY VALWS SHALL BE LXA7EL AT THE TEE 4'E THE M{� WAN AS 5HahF1 ON THIS DETAIL. UNLESS a uTHEA'MSE 5N E'FIFA r=, Q O SD / M RO, W W W W W W W 3 WHERE ETdEM4 FlrrlN= ARE 14Tr ESLWPhTHLE SHTH hEW WAIN '�SIR.ICDCrh, SL'ITA5LE aE,APTCRE OR 4EW FITTINGS U O LLl U Q ° .o - SHr'LL RE sly x-° 4 AtT'-rNA'L A37 L;MQI4N ^uHUL •r s. �/ - R W W. LY RA STREET c AU AW.H^aS A,ND EILMK14G TO 5EM ACANST UhnSTURED SCL z ROW ROW OW W O 0 F NVATER 5RYK-E TO H)DFANT IS TO GDA10F710E PIWR m �TTING OF OD14CRETE TFRLT< RBD r;Wu% M UIamwniN Q = Z c e �LIN.RETE AhD IAVI-F•LAN�° �SLQ Jal rr RESTR.UNr-;L L kE 'Em. a U Q "` W / b PUCE WCAT-DR WE PLL-1:TW or PIPE. ARE FlNJEk WIFE UWXX NJ)BOLT T-E Tn IWE EYERV IV W Q / W — — — 7 ALL ',f2' CUTLETS TO 9E P,TF'oTEL TO1644>C4 PFCYA.4Y STRFFf CF AC+ESS ROAD. O 0 I W 8 �ELThE HS�aRAWn SH+LL HAI-E i wIMNIW Or 4' IrAdu', FWM WT-OE L;F &--F%u, ::ir n7HER FlrEd VE]+CAL J LLI U CD W W W W ►� 9 FIRE WORAwT;;SHALL 9E PLAr;h A UNIWUIN Cf 1-b' A90 E F145H GR*OE TID THE CDtTD7 "F Tl-E 4 1/2'QJTLET' z � J OIC. HYMAh-5 SH 4LL N:iT I1E PL.ACEU WTHIN 10 FEET OF b4ANAZE SWALE23 Z) w U) w U 11 HTf1flA4T`',Tu HE Iw`T•LLED LE%n or PLUM11. > L SD SD sD Q CD Q Z 5Q 14" L co No cn :CrrY OF WaRMAN SIANDARo ORAWNG NO,W RO ROW 24 1E ISPWC-SD-01 SD-501A, &SD507 O Q FIRE HYDRANT DETAIL Q cn •. ° ROW STANDARD MANHOLE TYPE A. U °< M a. OW D E RIM EL TB '� i�wb�ua -R �Iro 0 ° ROW ° ROWS R INV OUT 2705.04BD Q U ZEEL PIPE EOLLJOtD QAINTED Q< t � S S SS SS SS SS S SS � SS SS SS SS SS � � TwG CaaTS rF FxrEx¢IH E�+�•AiE o — ics N8 °2T1 "W c�wcr'J 1E LEC STEEL SAFETY r1ZLo4h� ,4ELCI£a CAP N86_13'03 E-24_5,22' — PIPE FlLLEC WITH RIPE SIZE TART F CJCRETE. 1 RESIdE�IIIAL d MI4 J / I STF" Ph aJdL+: V14 \ RESIDENT A.L 51 MvE 5 U) TOP TOP TOP TOP TOP TOP TOP \ r — � / I I JUSTr; ;L tiLEEwE f > _..._ > —...— > —...— > —...— > —...— > —...— > —•• — > —...— > —. EP E 1 7.lyIE, ..ACE —N,. FFIIPA1fEh1EAIT TOP TOP TOP TOP TOP T TOP > G:EwT `E~�+RE 'A+1TH wA LaEa O �04$' EP IZ / mIw v[, AN') L7CIc Q 328.0 LF-6"SEWER MAIN PIPE- U INVERT IN 2702.91 ISPWC-SECTION 501 PART 2.02. I m O ° ` ' PER SUBDIVISION SLOPE 0.65/o O -i I F- I •+ I I"` = II (•' = ENGINEERING PLAN v Om Q ® r/ w le' I* {dV+11►KJM} '.-I 1 11 11, 1 O I ® C4'$T IN PLAr.E 1 I , w I —�� OONORETE + , TlSLE F ENi. cn ABANDON EXISITNG / F"DA� SEPTIC TANK AND I mil J I �iL J w 0 = LLI o I DRAINFIELD PER DEQ I I I ( I wIL k Q m / STANDARDS I . .'ry. cl) O /1 n 8` PIPE 6" ]/4" NC SHIPS �. NZE No II rn I I (SEE TABLE jn {SEE IrA aL9) LU I I ;- I I W PEFtMANENT 1130:I AFDC] INSTAI.LAT1C3N FR:E 10VAE3LE E34QLLP.RE}IhI3TALL}4T1cN J I I I 1 cl) I I I I • m m I I r_ r } W p co 0 �_ ~ I M , 4" z I­_Z_ V1 COD �d \ �[L9EE rf 0 C) (D NI — / �� I _ SJTTER (n LU OB�I / INSTALL 215 LF OF 4"SEWER PIPE N W 0 AND CONSTRUCT 4"SEWER CLEAN / ( 1 � o w O 0 N OUT AS SHOWN,MIN. 1-2%SLOPE. In I( P EP EP m �0 O INSTALL TYPE A SEWER SERVICE OF) / / g W / PER ISPWC SD-511/SD-511A AND Q ISPWC-SECTION 514,TYP / a a iDOLL }DS,� Q / - rwlc.+1 NAL EtiG (co � E TYPICZA1 R0.1- .ARD IPISTAI,I.ATION HYDR ANTA UC�l I ARD SPAr-INC, or E EPA EP EP / IN L QAAME.RCIAL PARKI#4N1 AP-CA PL^--4 VIE.VV 4 w Q I Ig{3 r I_-9 17106 a PD POW �I N w ® 0010D+ WALL MEET ALL RE01.IAEI�+ENT'q OF KuTOm nil �wEHKLE I►�PA+-;T 1/20/21 P J 0- � 4TBCR Ch) ^F THE IN ESMA,T10NAL FIRE DDDE (CURRENTLY A�TEfi EMITI.M). '0 � T � BUILDING ADDITION 1W 2. '.ERIFY LOCATION OF U14WR[�UM1O WILITIEM Q9-0RE EXCAYAT11'Y,I FCR (�1 Tf OF 10p -CGhr_RETE BOLLARD FOUNDATION — T 3L BOLLARDS 9-I1-LL EE PAIN7ED FErT- YELLDW. c"OF ME 1DIAN IS AA1L ARD aRA14INO nCL LU ASSEMBLY OR BACKF OW PREVENTION ON I EXISIT I L 2f]s3SUP#'LE�NrRL REDUCED-PRESSURE PRINCIPLE BACKFILOW� � _ � USED OR IRRIGATIONO BE ;�PEcIFIcR7I�Ns FIRE HYDF�AIVT BOLLARDW8-y�TMFp"�gpTA�pyhl,pFq. FILE NUMBER: ne1HVwapw3"srIR4x114N O a w DOMESTIC WATER AND FIRE SPRINKLER LINES I 202993 O � I w ~ m 90' FLG ELBOW W/ o C I 25' MIN SEP 112 LF OF C-90 FIRE THRUST iLOwK DESIGNED SERVICE W/45° FL ELBO I DRAWN BY: N z I Iw J 10 1 GATE VALVE, MJxMJ C. KENYON O Oa CONNECT TO EXISITNG DATE Z 112 LF OF HIGH DENSITY POLYETHYLENE WATER MAIN PER CITY OF Y (HDPE)WATER SERVICE W/45° FLG ELBOW w MERIDIAN STANDARDS ° _ SHEET NUMBER: w S89027'11"E-227,81' ( 48LF OF 6"C-900 WATER MAIN UINSTALL FIRE HYDRANT& BOLLARD LAYOUT PER CITY UTILITY PLAN OF MERIDIAN STANDARD DRAWINGS W7&W8 INSTALL WATER METER AND WATER SERVICE PER CS- 104 0 1:30 (22x34 FULL SIZE) 30 15 0 30 90 MERIDIAN CITY STD DWG W16 w � (SCALE IN FEET) 0 4OF4 w Page 259 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Legal Department: Fiscal Year 2021 Budget Amendment in the amount of $50,000 for Legal Services Page 260 O CD N N d i J � g r E p p Q z z O Z 3 O N o 0 Ln N un o m ❑ C NO ❑ ti m m a Lo Q J u a Z °` to d co m A d E o rn N C W ti li p m W Z ci ci � LL 3 u° Ey ra z z a+ Z I O L OO Y Y •L 0 N N a L a 9. LL W a E E O $ Q a p g d U (D G O Q 4 3 Q u Z E a•� m « vO Ln i d N 7 n d c o E c m p Mt O f0 O c fi w Nint4t4A^ � tr�intivsystr�snQ c c O E c C ii OL fG 0. ~ 'o n v Q > > p N c ¢ o U Q U ~ m H E a04 Z5 0 0 O c O w .n vs ;n V� v* .n yr ,n 'n LL W .�. 0 m V C e e w C° v a r W 06 m N y oo Q a C c v o ^ m '; o A o 0 o m O F .a m m a H n a 2- n oc T H o o c u y O u u G u. N c a o m a a d E y. en o G n o E tD m 0 l9 x x x as Q C lL �r C 4.0 y co o a N m Ln �o yt �,0 E eN-I 0 N N N N N N 0 1A Ve Q C R Q C Q C It C y In E ` y Q = N A � V Jv 0000 0000 dY` 00000 0222 0 02 me o00000 N N N N N N N N G7 N N N N N N N N N N N N N N N N N N N N N N N y y +n LA tn Ln �n Ln vs �n a, y Ln in in in Ln Ln Ln Ln �n v� Ln Ln Ln y Ln Ln ui u� L. Ln ui Ln Ln O O O .r eK ti .� .r r�r � } V ua LL m y b0 5 - rn R G 61 v Cm was a � �c Q aci a p V j 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 O O O ,y; j O O O L 0 N Item#13. 6172021 9:16AM City of Meridian FY2021 Budget Amendment Form Prior Years) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Legal Funding 2021 2022 2023 2024 2025 Title: Legal Services Increase Personnel $ - $ $ $ $ 1—tr—h—f—I nhmirtme Itndg.l Arn—drn—t. Operating $ 50,000 $ $ $ $ >vepartment wig send Amendment wain ommors u"ture to Finance(uudget Analyst)for review Capital $ >FIMa vdlle nd Anwnrt—tlnerwrrll LlalC fnrtlg"h— Tnta! $ $ 501000 $ $ $ >Cvuncit liaison will x%t aig—d An,-W—t to Maya Total Estimated Project Cost: $ 50,000 >MAV*r wifl[and<igned Anw,d,twnfto Fin—(Rudeoe Anafyal Evaluation Questions > Flnanot(budget AnApt)will w dappovedropyorAnrandrnenttooap.rl—t Please answer all Evaluation Quest ons using t)e financial data referenced above. >Department will add copy ofArnendrnent to Council Agenda using Nov"Agenda Manager 1_ Describe what is being requested? r Increase to Legal Services line item. 2. Why was this budget request not submitted during the current fiscal year budget cycle? _ The amount neccessary for outside legal servcies increased during the fiscal year. T 3. What is the explanation for not submittin this bud et request Burin the next fiscal year budget cycle? The budget has been fully expended now. We will need these additional funds to cover the overage and any additional needs that may arise in the current fiscal year. 44.Describe the proposed method or funding? It funding is split between Funds(i.e-.General,Enterprise,Grant),please Include the percentage split. List the amounts and sources of anticipated additional rFvenue that will result from approval of this request, rGeneral fund 5,Does this request align with the Department/City's strategic plan? If not,please explain how th:s request was not included in the Department/City strategic plan? Yes. 6. Does this request require resources to be provided by other departments? f yes,please describe the necessary resources to be provided by other departments. 7.Does this Amendment include any needed Equipment or Software that will utilize the CitVs network? es or No s 8.Is the amendment 8oingto result in the disposal of an asset?(Yes of No) 9-Any additional comments? Total Amendment Request $ 50,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to Justify budget amendments. Budget amendments are intended far emergency or mandatory changes to the original balanced budget Changes to the original balanced budget may cause a funding shortfall. Page 262 City of Meridian FY2020 Budget Amendment Form C:'Users%purser%ppDatalLocalWicrosoftlWindows4NetCarhelContent.Outlook18EJR9TM112021 Budget Amendment for Legal Services Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 21-2271: A Resolution of the Mayor and the City Council of the City of Meridian Accepting the Traffic Box Box Art Image Repository 2021-2023 and Providing an Effective Date Page 263 Item#15. CITY OF MERIDIAN RESOLUTION NO. 21-2271 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE TRAFFIC BOX ART IMAGE REPOSITORY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Meridian City Code section 2-2-2(A)(2-4) charges the Meridian Arts Commission("MAC")with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, encouraging the growth and preservation of the city's art resources, fostering the development of a receptive climate for the arts; and advising the City Council on the aesthetic aspects of works of art to be installed by the City of Meridian; WHEREAS,the City desires that public art will be a component of our community, and to that end, MAC issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian; WHEREAS, on May 13, 2021, MAC reviewed the responses to the Call for Artists, selected artists whose works are appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, and recommends to the Meridian City Council that such works, as depicted in Exhibit B hereto, be included in the Traffic Box Art Image Repository and available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian; and WHEREAS, the Mayor and City Council find that the proposed Traffic Box Art Image Repository, as set forth in Exhibit B, will serve the best interest of Meridian's residents,businesses, and traveling public; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the proposed Traffic Box Art Image Repository, attached hereto as Exhibit B, is hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 15th day of June, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 15th day of June, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 263 RESOLUTION ADOPTING TRAFFIC BOX ART IMAGE REPOSITORY Page 1 of 5 L/tL-_#14. IDl l A Meridian Commission Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $600 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application Et Acknowledgements form; • Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; • Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and • Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist's last name and artwork title. E-mailed submissions may be sent to mac@meridiancity.or : documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Ste 206 Meridian ID 83642 DEADLINE: This call shall be open until 11:59 p.m. on Thursday, April 15, 2021. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will notify selectees by email by May 17, 2021. In evaluating eligible proposals, the following factors will be considered and scored out of a total 100 points possible: • Quality of work (30 points); • Consistency with City policy and community values (30 points); • Contribution to aesthetic and cultural atmosphere of the Meridian community (30 points); and • Suitability of design and concept for a traffic box wrapping (10 points). Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to macCmeridiancity.org. Page 265 RESOLUTION ADOPTING TRAFFIC BOX ART IMAGE REPOSITORY Page 2 of 5 Item#14. Meridian Commission Application Et Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Day: Cell: Where did you hear about this opportunity?: Image title(s): 1. 2. 3. 1 hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital INITIAL repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, INITIAL I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will INITIAL be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the INITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. Artwork included in the digital repository may be removed from the repository, and/or the INITIAL repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously INITIAL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: Date: Page 266 RESOLUTION ADOPTING TRAFFIC BOX ART IMAGE REPOSITORY Page 3 of 5 Item#14. EXHIBIT B ..............................................................................................._ Meridian Commission 0 - U 3 1=:ge Repository: TRAFFIC BOX COMMUNITY ART PROJECT AmeerahBader April Davis CathErimCre s 5Yi1JL�e,M1rf-Aere week 24 CUSMW wares PlweNrd Jam' p Lao AIL Lindi4vaRon Dave B)gTtgh �-a:lis M;WWell f=ilae 6Uue grE4* Swxmton the Seine • j i 3ayae Green Lisa F"YErs Russ Lupe Ga hra n -erseys in idnhn Wdinrr Summer Deercr Dusk _....... .. . . . . . ......................................................... .. .. .. .. .. .. .. .. . . . . .. ....................................................................... . . ................................... rx:magca-An&m%em are c7uxpad_Taxefr-"IiTogn.deannoasfaciASP-GW9crmac6mcticarrofy-cM I 8f1A�2= Page 267 RESOLUTION ADOPTING TRAFFIC BOX ART IMAGE REPOSITORY Page 4 of 5 Item#14. Meridian Commission aL _� t M a r nE-E Irr•ar-, Mary Ga rdirrE-r M duel Alneeida oily swnus fdaho 5 — , ' } I Rad-pEI Linguist Rasa Crux StephaniE-Inman i AtrlaeY--ys cawa �nclusfara FighDesert ' I I I i i i i i I a• I o } Ti.�r•i_ahnsvn Tra n Tra n she T04*Time DMM,7 Sky .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ........................................................................................................................ Tr-eiTnagrs^pov:-^.x are fl000ed.Toseeirefoil i-nagc.rieascoarriact-089-OQA9 ffmac0YnericFai►oi7'-crg I Q15f271 Page 268 RESOLUTION ADOPTING TRAFFIC BOX ART IMAGE REPOSITORY Page 5 of 5 E IDIAN;--- AGENDA ITEM ITEM TOPIC: ITEMS MOVED FROM THE CONSENT AGENDA (Action Item) Page 4 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: DEPARTMENT/COMMISSION REPORTS (Action Item) Page 4 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Works Department: Fiscal Year 2021 Budget Amendment in the Amount of$500,000 for Well 17 Water Treatment Facility Page 269 Item#15. Mayor Robert E. Simison E IDIAtN� City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault I n A H Luke Cavener Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek Assistant City Engineer DATE: 05/28/2021 SUBJECT: BUDGET AMENDMENT IN THE AMOUNT OF $500,000 FOR WELL 17 WATER TREATMENT ANTICIPATED COUNCIL PRESENTATION DATE: 06/15/21 I. RECOMMENDED ACTION A. Move to: 1. Approve the Well 17 Water Treatment Budget Amendment for$500,000. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 489-0340 Kyle Radek,Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION A. Background City Council approved the budget,starting in FY20,for an iron and manganese treatment facility at Well 17 that will improve the water quality supplied by this well. This project was accelerated because Well #17 manganese levels are approaching Environmental Protection Agency health advisory levels. Some phases of the project have been completed including pilot testing, equipment procurement, and design of the treatment facility. The project is now ready for the construction phase of the treatment facility which includes construction of the building, equipment installation, and site work. B. Reason for Amendment Bids for the construction phase of the treatment facility were opened on May 12, 2021. The low bid exceeded the balance of the FY21 available funding. In order to award a contract for construction, and complete the balance of the project, additional funds are Page 270 Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org item#�5. needed. The primary reason for the shortfall is related to the current bidding environment. Contractors have many opportunities with the rapid growth taking place, and don't have to compete as aggressively for new work. The rising cost of materials, equipment, asphalt, steel, and lumber has also contributed to higher than anticipated costs. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan, and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery pact: This project will improve level of service to customers by removing iron and manganese and associated taste and odor from water supplied by Well 17. C. Fiscal Impacts The overall budget for the Well 17 Treatment Project will increase by$500,000 in order to provide adequate funding to complete the project. The current Enterprise Fund balance can support the additional funding required. Total project funding will increase from$2,000,000 to $2,500,000. Budgeted/Estimated Costs Actual/Bid Costs FY20 Design Contracts $ 300,000 $ 300,786 Design Services During Construction $ 100,000 $95,185 Well Assessment/Well Reconstruction Labor $ 10,000 $ 2,500 Equipment Procurements $ 460,000 $ 471,164 Misc. Expenses/Contingency $ 30,000 $ 31,000 FY20 Total $ 900,000 $ 900,635 FY21 Construction $ 1,000,000 $ 1,498,477* Bid Alternate 1 &2 $ 0 $ 33,855* Contingency $ 100,000 $ 67,033 FY 21 Total $ 1,100,000 $ 11599,365 Project Total $ 2,000,000 $ 2,500,000 Budget Shortfall $ 500,000 Public Works Department . 33 E.Broadway Avenue, Suite 200,Meridian,ID 83642 Page 271 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org Item#15. Bid (all bids include bid alternate of Well 17 Bidding Contractors stainless steel pump column & bowls) Cascade Enterprises Inc. $1,738,651 IMCO General Construction $ 2,017,036 *Irminger Construction (winning bidder) $ 1,532,332 JC Constructors, Inc. $ 1,684,699 The Ewing Company $1,829,258 V. ALTERNATIVES The City could choose not to approve the budget amendment and delay award of a construction contract to the next fiscal year. This would require re-bidding in hopes of a more favorable construction estimate. Additionally, filter equipment has already been procured for the project and would need to be stored. VI. f TIME CONSTRAINTS This project is currently planned for completion in spring of 2022. Choosing not to approve this request will result in delay of project completion. This will also delay the improvements in level of service associated with this project. Approved for Council Agenda: Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Page 272 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org M N wo N 1: 0 (6 w d C t+ m N a=i E V Q CD m m z z° ., O LL a rn o a0 ❑' ❑ o 'w O M I� A N �i N N O £ L m ., m m 4 O O C o o ^ c CN N L m a 33 ❑� o � � 3 M co a _ � ' O Gfl d d o} u al m m G M (6 i tA ao a E o ~ lb r ❑ > ' p m y O a1 m a` o Q m O N w U- E 2 C t w Q. n w om c ai ci m ,t ❑ Sao +��. c E m 'G q C a a O m W o m E v, tian ,A ,ny .nNNyN 'ANto h C = > E w E 4 cu O N a C Q e .°—_: d on 3 LL L R _ o F 12 e l ro CL - o o u m m c a w C2, O — — — o [V g Ln n CDF F L, L, F m C [i N cu O O tn 44 V� 46 w LLa0 C H d _ro C n Ntz o ' r 'a O m � } o X n C w V C 'v a c w d = d 0 0l p w chi ro O m O O O W E M p L F OC F- .Q- m ,y a F n a Q Q U O C O N ij p O LL N ❑ p m Q N N � +' ❑ 0 7t H E E T # F 7t n 35 m C O �n O U` f0 F a c U W o E V' l7 3 l7 ?i n o S w a w 7t w w w w w w w 00 3t w w w w w w w w w w w w w 2t w w w w w co Yt w w w 0o m o0 00 00 m 00 90 00 00 00 00 00 00 co 90 00 00 � 00 0o m a0 00 00 00 'o 0 0 0 0 0 00 0 •o 00 , 0000000000 a 'o 0 0 0 0 0 0 'o 00 0 0 0 L w w w w w w w w L w w w w w w w w w w w w L w w w w w w w w w a LL C O i0 O a w N m Ln # n # W J o o �"� O f V f V " N J J w J 'a V Q Q Q Q Q Q V 'D (l E H Q y U rn O 4'tm m o 00 0 0 0 0 0 ,,, o 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 pp po p p y o }j 0. Qi Qt Oi Q� O) O O, 6i EJ C Oi Oh Oi Q� 6i Oi O� Oi 6� Ot U� Q� Q. N D- LO tyQJ u m m m m m m m m x w m m m m m m m m m m m m m 0 m m m m m m Q 0 m m m +^+ A C c O d cd C oq LL sc C d �? a 0 � H Item#15. :05 PM City of Meridian FY2020 Budget Amendment Form Prior Years) Fisca.Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Public Works Funding 2020 2021 2022 2023 2024 Title: Well 17 Water Treatment Personnel $ $ $ - $ $ Ion.few s WAWAwondwom: Operating $ S $ $ $ > DrW K*wdtmmd".wmertwOhDa.Ftzn5"t .toF (kpftet AN J$ft Capital $ 900,000 $ 1,100,000 > OFwRm.ot-0 add A-1d .Mtocour.-AAg 4vv"fty.a.m.q. Son. v Total $ - $ 900,000 $ 1,100,000 $ - $ - $ - > Fbyntr w.W tend dmrndmna to Cam-61 thn for symhsrr s Coir&O Uai A vnr send stned Amendmrnt to Flu * Total Estimated Project Cost: $ 21000,000 > FMM@I&A"AndFutwN$"W pvroerd+enrndmnstto The Metor for&*wwaeremrnv,aor &I Evaluation Questions MaVw vAH send.^.4d t On rhr ON C$wk'toFKe Please answer all Evaluation Questions using the financial data referenced above. "n"`o°FWfle°°`° I.TheO""'N"""Fo"Nd90P"'eA`ri°°'dW .P"I 1. Describe what is being requested? $500,000 is being requested to provide additional funding to award the low bid for the construction and completion of the Well 17 Water Treatment Project. This project is in year two of two years. Pilot testing has been completed,equipment has been procured and purchased,and facility design has been completed. Facility construction Is the last remaining phase of the project. The current Enterprise Fund balance will support the addition of this funding to FY21. 7,yIgv was_thp�huduut no ubmii�pd dr�n�t��u�ntLfaar bud�t�icE �The need for additional funding was not known at the time the 2021 budget request was made. The primary reason for the shortfall is related to the current bidding environment.Contractors have many opportunities with the rapid growth taking place,and don't have to compete as aggressively for new work. The r'sing cost of mater als,equipment,asphalt,steel,and lumber has also contributed to higher than antici ted costs. 3. What is the"nation for not submitting this budget request during the next fiscal year budget cycle? Waiting until the next fiscal year to provide funding for the project would delay project completion by at least 5 months and incur additional expense for storage of water treatment equipment which has already been purchased and must be incorporated into the construction. 4.Describe the proposed method of funding? If funding Is split between Funds(i.e..Genera I,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request, Enterprine Furxd. S.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes-Public Health and Safety. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by,other departments. Yes•Purchasing for contract execution. T 7.Does this Amendment include ikny needed Equipment or software that will utilize the Ci 's network? Yes or No S.Is the amendment oing to result in the dis1,3osal of an asset? es or No 9.Anw additional comments? Total Amendment Request $ 500,000 Every effort should be mode to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 275 City of Meridian FY2020 Budget Amendment Form S Min nBusOpslBusOps%BudgetRateslBudget Prep Rec_10 years'.Bud get'21LAmendmentslWell 17 TreatmenilFY 21 Budget Amendment Well 17-bb Item#15. Mayor Robert E. Simison E IDIAN � City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault d A H L Luke Cavener Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek Assistant City Engineer DATE: 05/28/2021 SUBJECT: BUDGET AMENDMENT IN THE AMOUNT OF $500,000 FOR WELL 17 WATER TREATMENT ANTICIPATED COUNCIL PRESENTATION DATE: 06/15/21 I. RECOMMENDED ACTION A. Move to: 1. Approve the Well 17 Water Treatment Budget Amendment for$500,000. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Brent Blake, Fngineering Project Manager 489-0340 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Dale Bolthouse_ Director of Public Works 985-1257 III. DESCRIPTION A. Background City Council approved the budget, starting in FY20,for an iron and manganese treatment facility at Well 17 that will improve the water quality supplied by this well. This project was accelerated because Well i!17 manganese levels are approaching Environmental Protection Agency health advisory levels. Some phases of the project have been completed including pilot testing, equipment procurement, and design of the treatment facility. The project is now ready for the construction phase of the treatment facility which includes construction of the building, equipment installation, and site work. B. Reason for Amendment Bids for the construction phase of the treatment facility were opened on May I2, 2021. The low bid exceeded the balance of the FY21 available funding. In order to award a contract for construction, and complete the balance of the project, additional funds are Public Works Department . 33 E. Broadway Avenue, Suite 200,Meridian, ID 83642 Page 27s Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org item#�5. needed. The primary reason for the shortfall is related to the current bidding environment. Contractors have many opportunities with the rapid growth taking place, and don't have to compete as aggressively for new work. The rising cost of materials, equipment, asphalt, steel, and lumber has also contributed to higher than anticipated costs. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan, and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: This project will improve level of service to customers by removing iron and manganese and associated taste and odor from water supplied by Well 17. C. Fiscal Impacts The overall budget for the Well 17 Treatment Project will increase by$500,000 in order to provide adequate funding to complete the project. The current Enterprise Fund balance can support the additional funding required. Total project funding will increase from $2,000,000 to $2,500,000. Budgeted/Estimated Costs Actual/Bid Costs FY20 Design Contracts $ 300,000 $ 300,786 Design Services During Construction $ 100,000 $95,185 Well Assessment/Well Reconstruction Labor $ 10,000 $ 2,500 Equipment Procurements $ 460,000 $ 471,164 Misc. Expenses/Contingency $ 30,000 $ 31,000 FY20 Total $ 900,000 $ 900,635 FY21 Construction $ 1,000,000 $ 1,498,477* Bid Alternate 1&2 $ 0 $ 33,855* Contingency $ 100,000 $ 67,033 FY 21 Total $ 1,100,000 $ 1,599,365 Project Total $ 2,000,000 $ 2,500,000 Budget Shortfall $ 500,000 Public Works Department . 33 E, Broadway Avenue, Suite 200,Meridian, ID 83642 Page 277 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org Item#15. Bid (all bids include bid alternate of Well 17 Bidding Contractors stainless steel pump column & bowls) Cascade Enterprises Inc. $1,738,651 IMCO General Construction $ 2,017,036 *Irminger Construction (winning bidder) $ 1,532,332 JC Constructors, Inc. $ 1,684,699 The Ewing Company $1,829,258 V. ALTERNATIVES The City could choose not to approve the budget amendment and delay award of a construction contract to the next fiscal year. This would require re-bidding in hopes of a more favorable construction estimate. Additionally, filter equipment has already been procured for the project and would need to be stored. VI. TIME CONSTRAINTS This project is currently planned for completion in spring of 2022. Choosing not to approve this request will result in delay of project completion. This will also delay the improvements in level of service associated with this project. Approved for Council Agenda: Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Page 27s Phone 208-898-5500 - Fax 208-898-9551 - www.meridiancity.org Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works Department: Approval of Award of Bid and Contract Between City of Meridian and Irminger Construction, Inc. for Construction of Well 17 Treatment Facility Page 279 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 6/15/2021 Presenter: Keith Watts, Procurement Manager Estimated Time: N/A Topic: Approval of Award of Bid and Contract Recommended Council Action: Approve award of bid and construction contract to Irminger Construction for Well 17 Treatment Facility for the Not-to-Exceed amount of$1,532,332.24. Background: Six bids received, Irminger was the lowest submission. Page 280 Mayor Robert E. Simison Item#�s. City Council Members E IDIANI-11.�- Joe Borton Treg Bernt Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Keith Watts,Purchasin�Man�ager FROM: Brent Blake DATE: 3-22-2021 SUBJECT: CONSTRUCTION CONTRACT WITH TBD FOR THE WELL 17 WATER TREATMENT FACILITY CONSTRUCTION A NOT-TO-EXCEED AMOUNT OF$TBD. I. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 489-0340 Kyle Radek,Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, PW Director 985-1257 II. DESCRIPTION A. Background This project will improve the water quality supplied by Well 17 that is put into the distribution system and delivered to customers. Iron and Manganese must be removed from supply water in order to provide adequate chlorine residuals in the distribution system without precipitation of these constituents which results in brown or black water stains. Therefore, the primary purpose and justification for this project is to remove Iron, Manganese, and other aesthetic contaminants to enable delivery of safe clean water to customers. B. Proposed Project The proposed project is to construct the Well 17 Treatment Facility at 1616 E. Time Zone Drive (Parcel#R5330140020). The project will consist of constructing an approximately 2,820 SF building to replace the existing pump house and enclose new water treatment equipment for the purposes of treating the existing Well 17. The facility will house a 10-foot diameter, 18-foot long steel pressure vessel, sodium hypochlorite tank, include an electrical room, and related ancillary equipment. Existing landscaping located along Time Zone Dr on the south side of the site will be removed and replaced. The existing 8-foot wrought iron security fence will be removed and reinstalled around Public Works Department . 33 E. Broadway Avenue, Suite 200,Meridian,ID 83642 Phone 208-898-5500 - Fax 208-898-9551 . www.meridiancity.org page 2s1 irem#�s. the facility and placed near the property lines. A temporary fence will be installed along the west property boundary. A permanent fence will be installed along the west property boundary in coordination with the ACHD-Locust Grove, Overland to Victory project when that occurs. III. IMPACT A. Fiscal Impacts Funding is available in the Well 17 Water Treatment Enhancement for this construction contract.The value of the contract with(TBD)with $1,225,000.00 in current funding available in the account. Project Costs: Fiscal Year 2021 Total Budget $1,871,472.00 Project Funding Fiscal Year 2021 Account Code/Codes Available Funding 3490-96117 $1,225,000.00 Total Funding Required $1,200,000.00 B. Time Constraints Council approval will allow this project allow us to stay on schedule for the completion of construction by the end of calendar year 2021. Departmental Approval: W 35 v IC Page 2 Of 2 Page 282 Item#��. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 3/17/2021 REQUESTING DEPARTMENT Public Works Project Name: Well 17 Water Treatment Facility Construction Project Manager: Brent Blake Contract Amount: $1 532 332 Contractor/Consultant/Design Engineer: Irminger Construction Is this a change order? yes ❑ No 0 Change Order No. 11. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490 Yes El No ❑ Construction GL Account 96117 FY Budget: 2021 Task Order ❑ Project Number: 11081A Enhancement: Yes El No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low id Highest Ranked Vendor selected Master Agreement Category (Bid Results Attached) yes 0 No (Ratings Attached) yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 5/19/2 F±121 7 day protest period ends: 5/26/21 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 26529 Expiration Date: 5/31/2021-Renewal in process Corporation Status Active see attached email Insurance Certificates Received(Date): 5/27/21 Expiration Date: 3/11/2022 Rating: A++ Payment and Performance Bonds Received(Date): 5/27/21 Rating: A+ Builders Risk Ins.Req'd: Yes ❑ No If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) Vtl. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Lowest responsive and qualified bid. 11 3_-°/ ZQZr nterSupervisor Name Date Approved Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: 6/2/21 Approval Date 6-15-21 By:Robert E.Simison,Mayor Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 282 Contract Request Checklist.5.24.2016.Final CITY OF MERIDIAN ttem#�s. BID REQUEST CHECKLIST Date: March 17,2021 REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3490 GL Account 96117 Project# 11081A Project Name: Well#17 Treatment Facility-Construction Project Manager: Brent Blake Consultant/Design Engineer: Mountain Waterworks (it applicable) (company name of design consultant) Total Budgeted Dollars: $2,000,000.00 Projected Dollars: $1,200,000.00 Will the project cross fiscal years? Yes x No Budget Information: FY Budget: $1,871,472 Enhancement#: Grant#: Other: Type of Grant: REQUESTED PREBID AND BID SCHEDULE INFORMATION Fill in your preferred dates below. Purchasing will determine actual dates based on scheduling availability and mandatory guidelines. Legal Notice must run for at least 2 weeks prior to bid opening. Refer to Purchasing Policy for more information. Bids are due at 2:30 p.m. Bid Protest Period: 10 calendar days after opening Council Award(if applicable)will be placed on the next available agenda after the 10 day period. Pre Bid Location: City Hall If no location is given,the meeting will be scheduled at City Hall X Yes PreBid Date: April 12,2021 Requested Bid Due Date: April 27, 2021 No PreBid Time: 2:OOPM (three weeks preferred) Note: Pre-Bid Attendance will be noted as"Strongly Encouraged". Contact Purchasing to discuss Mandatory prebid requirements. Yes Final Scope of Work/Specs Complete and Included/Submitted to Purchasing: Project Consultant Name: Stuart Hurley X NO If no,what is anticipated due date: April 1,2021 Email: shurlev@mountalnwatr.COm X Yes Bid Schedule Completed and Included/Submitted to Purchasing: NO If no,anticipated due date Yes Final Plans Complete and Included/Submitted to Purchasing: Are plans/specs available electronically? X NO If no,when do you anticipate receiving them? April 1,2021 Yes No X PROJECT COMPLETION/MILESTONE INFORMATION (Attach separate page if necessary) Have all regulatory permits and Yes If NO,what is missing and when will it be obtained/approved? ACHD ROW Permit agreements been acquired and Comments: Contractor will be required to attain an ACHD ROW Permit. approved? X No Does project contain mandatory Yes Date: completion dates,such as irrigation X No Comments:Construction of the irrigation crossings can only be performed between 10/15 and 3/15. crossings? Substantial Completion: 252 days Liquidated damages: $300.00 per day Final Completion: 282 days Liquidated damages to apply to milestones and substantial completion. Additional Milestones and Notes: We would like to advertise for bid on April 2nd with a pre-bid conference on April 12th. Questions ending on April 14, addendum issued on April 21st,and bid opening on April 27th. Page 284 Bid Request Checklist 2014 Item#16. From: iccitravis To: Sandra Ramirez;Brent Blake Subject: FW: RE: Public Works Renewal Application Date: Wednesday,June 2,2021 10:37:13 AM External Sender-Please use caution with links or attachments. See below we have submitted our renewal application Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Adriana Burton<Adriana.Burton@dbs.idaho.gov> Date: 5/4/21 9:47 AM (GMT-07:00) To: iccitravis@gmail.com Subject: RE: Public Works Renewal Application Received, thanks. Due to ongoing delays, the review of your extension application may take up to 35 business days to process from date of receipt, your license will stay in an active status. I appreciate your understanding. Adriana Burton Public Works Contractor Licensing 1090 E Watertower St, Ste 150 Meridian, ID 83642 ®❑ (208) 332-7149 - Direct Line (208) 519-1833 - Cell Office Hours Monday-Thursday 7:00-5:00 Friday 10:00-2:00 https://dbs.idaho.gov/ Page 285 Item#16. From: iccitravis@gmail.com<iccitravis@gmail.com> Sent: Monday, May 3, 2021 11:09 AM To: DBS Public Works <publicworks@dbs.idaho.gov> Subject: Public Works Renewal Application Travis Conger Irminger Construction Inc. 208-800-9616 Page 286 Item#16. Bid Table - WELL 17 TREATMENT FACILI' Legend The green cells with bolded numbers indicate that this bid was the lowest price. The orange cells indicate that this item from that vendor was selected. The green cells with orange outline indicate that this item from that vendor was self has the lowest price. Page 287 Item#16. $ 123 acted, and Page 288 Item#16. Cascade Er Total Cost $1,73 Alt 1 Alt 2 Base Bid ($) $1,701 # Locked Items Quantity Unit UseTaxonCit UnitPrice • • • 111 11 • • #1-1 Mobilization (5%) 1 LS $80,769.00 #1-2 Construction Traffic Control 1 LS $10,900.00 #1-3 Site Identification Sign 1 LS $1,090.00 Storm Water and Erosion #1-4 Control 1 LS $13,080.00 Use Tax on City Provided #1-5 Equipment(Pump) (0.06) 1 LS $28,269. $$28,269.24 IMPROVEMENTSSITE , Clearing and #2-1 Grubbing/Demolition 1 LS $27,250.00 #2-2 Demolition of Existing Wellhouse 1 LS $13,080.00 #2-3 Asphalt Paving 625 SY $54.50 #2-4 Gravel Surface 75 SY $47.96 Landscaping (Tree planting, re- sod, sprinkler repair/relocation, #2-5 pavers) 1 LS $54,500.00 Engineered Stormwater #2-6 Infiltration System 1 LS $38,150.00 Concrete Flatwork (Sidewalk, #2-7 Steps, Pads) 56 SY $136.25 #2-8 8' Wrought Iron Fence 65 LF $96.60 #2-9 6' Chain-link Fence 110 LF $30.52 #2-10 8'Vinyl Fence 200 LF $88.84 #2-11 20' Swing Gate 1 EA $14,011.95 #2-12 4' Swing Gate 1 EA $2,802.39 12" Water Main (Pipe,Valves, #2-13 Fittings) 1 LS $9,810.00 10" Water Main (Pipe,Valves, #2-14 Fittings) 1 LS $39,240.00 #2-15 12" Sanitary Sewer 110 LF $708.50 #2-16 Sand and Grease Trap 1 EA $13,080.00 #2-17 Catch Basin 2 EA $6,540.00 #2-18 4' Dia. Manhole, > 10 feet deep 2 EA $9,810.00 #2-19 Air Gap Discharge Structure 1 EA $3,815.00 Page 289 Item#16. 1 1/2" Water Service Connection #2-20 (Pipe, Fittings,Valves, Meter) 1 LS $13,080.00 6" Water Service Connection #2-21 (Pipe, Fittings,Valve) 1 LS $22,890.00 #2-22 Misc. Yard Piping 1 LS $19,620.00 #2-23 Curb & Gutter 310 LF $39.24 #2-24 Valley Gutter 230 LF $39.24 Building&Tank Foundations and #3-1 Floor Slab 1 LS $270,320.00 Building (incl. Roof, Gutters, Building Coatings, Bollards, #3-2 Stairs, Doors, Handrails, etc.) 1 LS $129,710.00 #3-3 Catwalk Framing and Grating 1 LS I $22,890.00 Electrical (Site, Building& #3-4 Equipment) 1 LS $172,220.00 #3-5 Instrumentation and Control 1 LS $76,300.00 #3-6 HVAC Equipment 1 LS $37,060.00 #3-7 Plumbing 1 LS $42,510.00 #3-8 Fire System 1 LS $62,130.00 Process Piping and Equipment (Pipes, Valves, Fittings, Coating, #3-9 Supports, etc.) 1 LS $38,150.00 #3-10 Workbench 1 EA $2,725.00 #3-11 Wall Cabinet and Sink 1 EA $2,725.00 #3-12 Chlorine Analyzer 2 EA $10,900.00 Sodium Hypochlorite Metering #3-13 Pump 1 EA $5,450.00 Sodium Hypochlorite Storage #3-14 Tank and Fill Connection 1 EA $5,450.00 Emergency Eyewash and Shower #3-15 Unit 1 EA $2,725.00 Install Filter Equipment (Filter, Instrumentation, Electrical, #3-16 Blower, etc.) 1 LS $47,960.00 Install Filter Equipment (Filter, Instrumentation, Electrical, #3-17 Blower, etc.) 1 LS $34,880.00 Discharge Header(Pipe, Fittings, Valves, Static Mixer, and #3-18 Appurtenances) 1 LS $19,620.00 Well Pump and Motor #3-19 Installation 1 LS $74,120.00 Page 290 Item#16. #3-20 Startup and Commissioning 1 LS $26,160.00 Base Bid Total BID ALTERNATE 316 Stainless Steel Pump #4-1 Column 1 LS $22,890.00 #5-1 Stainless Steel Pump Bowls 1 LS 1$ 10,900.0 Page 291 Item#16. iterprises Inc. IMCO General Construction Irminger Construction Inc. JC Constri 8,650.88 $ 2,017,036.24 $ 1,532,332.24 $ 1,6& 0 0 49 1,860.88 $1,977,036.24 $ 1,498,477.24 $1,639 Total UnitPrice Total UnitPrice Total UnitPrice $80,769.00 $85,000.00 $85,000.00 $14,548.00 $14,548.00 $50,000.00 $10,900.00 $7,000.00 $7,000.00 $1,606.00 $1,606.00 $6,270.00 $1,090.00 $350 $350 $1,285.00 $1,285.00 $2,500.00 $13,080.00 $25,000.00 $25,000.00 $1,720.00 $1,720.00 $5,000.00 $28,269.24 $28,269.24 $28,269.24 $28,269.24 $28,269.24 $28,269.24 $27,250.00 $30,000.00 $30,000.00 $13,919.00 $13,919.00 $19,000.00 $13,080.00 $15,000.00 $15,000.00 $13,116.00 $13,116.00 $32,000.00 $34,062.50 $65 $40,625.00 $56 $35,000.00 $30 $3,597.00 $17 $1,275.00 $27 $2,025.00 $84 F $54,500.00 $35,000.00 $35,000.00 $13,852.00 $13,852.00 $19,000.00 $38,150.00 $25,000.00 $25,000.00 $33,268.00 $33,268.00 $30,000.00 $7,630.00 $136 $7,616.00 $88 $4,928.00 $550 $6,279.00 $70 $4,550.00 $90 $5,850.00 $330 $3,357.20 $35 $3,850.00 $30 $3,300.00 $110 $17,768.00 $90 $18,000.00 $87 $17,400.00 $180 $14,011.95 $15,000.00 $15,000.00 $13,764.00 $13,764.00 $25,000.00 $2,802.39 $3,000.00 $3,000.00 $2,753.00 $2,753.00 $8,800.00 $9,810.00 $5,000.00 $5,000.00 $3,756.00 $3,756.00 $19,000.00 $39,240.00 $30,000.00 $30,000.00 $19,338.00 $19,338.00 $19,000.00 $77,935.00 $80 $8,800.00 $71 $7,810.00 $280 $13,080.00 $5,000.00 $5,000.00 $5,240.00 $5,240.00 $5,000.00 $13,080.00 $2,000.00 $4,000.00 $2,903.00 $5,806.00 $1,250.00 $19,620.00 $6,500.00 $13,000.00 $8,821.00 $17,642.00 $1,900.00 $3,815.00 $15,000.00 $15,000.00 $16,843.00 $16,843.00 $3,800.00 Page 292 Item#16. $13,080.00 $8,000.00 $8,000.00 $6,445.00 $6,445.00 $2,500.00 $22,890.00 $8,000.00 $8,000.00 $9,819.00 $9,819.00 $6,300.00 $19,620.00 $5,000.00 $5,000.00 $2,962.00 $2,962.00 $6,300.00 $12,164.4 $$30 $9,300.00 $43 $13,330.00 $20 $9,025.20 $30 $6,900.00 $80 $18,400.00 $42 $270,320.00 $230,000.00 $230,000.00 $120,099.00 $120,099.00 $42,000.00 $129,710.00 $500,000.00 $500,000.00 $378,979.00 $378,979.00 $330,000.00 $22,890.00 $35,000.00 $35,000.00 $34,581.00 $34,581.00 $28,000.00 $172,220.00 $250,000.00 $250,000.00 $210,929.00 $210,929.00 $238,000.00 $76,300.00 $30,000.00 $30,000.00 $27,945.00 $27,945.00 $37,600.00 $37,060.00 $70,000.00 $70,000.00 $73,379.00 $73,379.00 $86,000.00 $42,510.00 $68,000.00 $68,000.00 $48,591.00 $48,591.00 $75,000.00 $62,130.00 $48,000.00 $48,000.00 $43,460.00 $43,460.00 $50,000.00 $38,150.00 $140,000.00 $140,000.00 $53,450.00 $53,450.00 $75,000.00 $2,725.00 $500 $500 $1,770.00 $1,770.00 $1,900.00 $2,725.00 $5,000.00 $5,000.00 $3,030.00 $3,030.00 $700 $21,800.00 $12,000.00 $24,000.00 $8,512.00 $17,024.00 $9,500.00 $5,450.00 $7,500.00 $7,500.00 $9,052.00 $9,052.00 $3,800.00 $5,450.00 $12,000.00 $12,000.00 $9,239.00 $9,239.00 $6,300.00 $2,725.00 $1,500.00 $1,500.00 $1,547.00 $1,547.00 $6,300.00 $47,960.00 $7,500.00 $7,500.00 $33,460.00 $33,460.00 $12,000.00 $34,880.00 $1 $1 $0 $0 $25,000.00 $19,620.00 $500 $500 $17,815.00 $17,815.00 $35,000.00 $74,120.00 $80,000.00 $80,000.00 $65,678.00 $65,678.00 $90,000.00 Page 293 Item#16. $26,160.00 $5,000.00 $5,000.00 $14,455.00 $14,455'00 $12,000.00 $1,704,860.88 $1,977,036.24 $1,498,477.24 $22,890.00 $ 28,000.0 $28,000.00 $ 10,101.0 $10,101.00 $ 30,000.0 $10,900.00 $ 12,000.0 $12,000.00 $23,754.0 $23,754.00 $ 15,000.0 Page 294 Item#16. uctors, Inc. The Ewing Company Tribal Fire Systems LLC 1,699.24 $1,829,258.42 $ 31,420.0 0 0 0 ,699.24 $1,775,759.00 $ 0 Total UnitPrice Total UnitPrice Total $50,000.00 $70,200.00 $70,200.00 No Bid No Bid 50000 $6,270.00 $4,095.00 $4,095.00 No Bid No Bid 6270 $2,500.00 $1,755.00 $1,755.00 No Bid No Bid 2500 $5,000.00 I $6,435.00 $6,435.00 No Bid No Bid 5000 $28,269.24 $28,269.24 $28,269.24 No Bid No Bid 28269.24 AMIP111116 $19,000.00 $87,750.00 $87,750.00 No Bid No Bid 19000 $32,000.00 $17,550.00 $17,550.00 No Bid No Bid 32000 $18,750.00 $61.78 $38,612.50 No Bid No Bid 18750 $6,300.00 $234 $17,550.00 No Bid No Bid 6300 $19,000.00 $20,483.19 $20,483.19 No Bid No Bid 19000 $30,000.00 $10,998.00 $10,998.00 No Bid No Bid 30000 $30,800.00 $75.97 $4,254.32 No Bid No Bid 30800 $21,450.00 $118.80 $7,722.00 No Bid No Bid 21450 $12,100.00 $34.04 $3,744.40 No Bid No Bid 12100 $36,000.00 $90.68 $18,136.00 No Bid No Bid 36000 $25,000.00 $15,093.00 $15,093.00 No Bid No Bid 25000 $8,800.00 $3,042.00 $3,042.00 No Bid No Bid 8800 $19,000.00 $12,870.00 $12,870.00 No Bid No Bid 19000 $19,000.00 $30,888.00 $30,888.00 No Bid No Bid 19000 $30,800.00 I $82.96 $9,125.60 No Bid No Bid 30800 $5,000.00 $6,669.00 $6,669.00 No Bid No Bid 5000 $2,500.00 I $643.50 $1,287.00 No Bid No Bid 2500 $3,800.00 $4,972.50 $9,945.00 No Bid No Bid 3800 $3,800.00 $6,435.00 $6,435.00 No Bid No Bid 3800 Page 295 Item#16. $2,500.00 $14,040.00 $14,040.00 No Bid No Bid 2500 $6,300.00 $9,945.00 $9,945.00 No Bid No Bid 6300 $6,300.00 $13,455.00 $13,455.00 No Bid No Bid 6300 $6,200.00 $15.76 $4,885.60 No Bid No Bid 6200 $9,660.00 $14.01 $3,222.30 No Bid No Bid 9660 $42,000.00 $112,580.03 $112,580.03 No Bid No Bid 42000 $330,000.00 $385,522.02 $385,522.02 No Bid No Bid 330000 $28,000.00 $73,125.00 $73,125.00 No Bid No Bid 28000 $238,000.00 $236,340.00 $236,340.00 No Bid No Bid 238000 $37,600.00 $30,537.00 $30,537.00 No Bid No Bid 37600 $86,000.00 $38,887.00 $38,887.00 No Bid No Bid 86000 $75,000.00 $64,367.55 $64,367.55 No Bid No Bid 75000 $50,000.00 $57,973.50 $57,973.50 $31,420.00 ######## 50000 $75,000.00 $119,808.00 $119,808.00 No Bid No Bid 75000 $1,900.00 $1,755.00 $1,755.00 No Bid No Bid 1900 $700 $2,925.00 $2,925.00 No Bid No Bid 700 $19,000.00 $7,692.75 $15,385.50 No Bid No Bid 19000 $3,800.00 $7,500.00 $7,500.00 No Bid No Bid 3800 $6,300.00 $8,658.00 $8,658.00 No Bid No Bid 6300 $6,300.00 $2,667.60 $2,667.60 No Bid No Bid 6300 $12,000.00 $22,932.00 $22,932.00 No Bid No Bid 12000 $25,000.00 $21,955.92 $21,955.92 No Bid No Bid 25000 $35,000.00 $21,996.00 $21,996.00 No Bid No Bid 35000 $90,000.00 $67,706.73 $67,706.73 No Bid No Bid 90000 Page 296 Item#16. $12,000.00 I $4,680.00 $4,680.00 No Bid No Bid 12000 1639699 �$I,�639,699.24 $1,775,759.00 $30,000.00 $ 38,294.1 $38,294.10 No Bid No Bid $15,000.00 $ 15,205.32 $15,205.32 No Bid No Bid Page 297 Item#16. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2020 Through 9/30/2021 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96117 WELL 17 Construction 1,100,000.04 0.00 1,100,000.04 100.00% 0000 NON-DEPARTMENTAL 0.00 29,879.00 (29,879.00) 0.00% 11081 Well 17 Water Treatment 771,471.95 59.98 771,4ll.97 99.99% 11081.a well 17 water Treatment 0.00 174,869.36 (174,869.36) 0.00% Facility - Design 11081.b Well 17 Treatment Facility 0.00 471,164.00 (471,164.00) 0.00% Filter Tank Total Capital Outlay 1,871,471.99 675,972.34 1,195,499.65 63.88% TOTAL EXPENDITURES 1,871,471.99 675,972.34 1,195,499.65 63.88% Page 298 Date: 6/1/21 01:52:39 PM Pag Item#16. CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 17 TREATMENT FACILITY CONSTRUCTION PROJECT # 11081.D THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of _June , 2021, and entered into by and between the City of Meridian, a munlcrpa corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Irminger Construction,Jnc. hereinafter referred to as "CONTRACTOR", whose business address is 1305 E Columbia Rd. Meridian, ID 83642 and whose Public Works Contractor License # is C- 026529-AA1-3-4 INTRODUCTION Whereas, the City has a need for services involving Well Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however,the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable,the Contractor may copyright the same,except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WELL 17 TREATMENT FACILITY page 1 of 15 Project 11 Q81.D Page 299 Item#16. represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of$JJUU32.24. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration,compensation,salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation,drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELL 17 TREATMENT FACILITY page 2 of 15 Project 11081.D Page 300 Item#16. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 252 (two hundred fifty- two) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 282 (two hundred eighty-two) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If,through any cause, CONTRACTOR, 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 City 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 written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this WELL 17 TREATMENT FACILITY page 3 of 15 Project 11081.D Page 301 Item#16. Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901. 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and WELL 17 TREATMENT FACILITY page 4 of 15 Project 11481.D Page 302 Item#16. all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. WELL 17 TREATMENT FACILITY page 5 of 15 Project 11081.D Page 303 Item#16. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. 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 party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation,which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. WELL 17 TREATMENT FACILITY page 6 of 15 Project 11081.D Page 304 Item#16. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.asox?id=1 3618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 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. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting,typewriting,printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WELL 17 TREATMENT FACILITY page 7 of 15 Project 11081.D Page 305 Item#16. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. 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 WELL 17 TREATMENT FACILITY page 8 of 15 Project 11081.D Page 306 Item#16. contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. 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. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. WELL 17 TREATMENT FACILITY page 9 of 15 Project 11081.D Page 307 Item#16. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. 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. 33. 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 as follows: CITY CONTRACTOR City of Meridian Irminger Construction, Inc. Procurement Manager Attn: Travis Conger 33 E Broadway Ave 25094 Homedale Rd. Meridian, ID 83642 Wilder, ID 83676 208-489-0417 Phone: 208-800-9616 Email: iccitravis@gmail.com Idaho Public Works License #026529-AA-1-3-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN IRMINGER CONSTRUCTION, INC. BY: BY: KEITH WATTS, Procurement Manager TM. WELL 17 TREATMENT FACILITY page 10 of 15 Project 11081.D Page 308 Item#17. Dated: 6-15-2021 Dated: Approved by Council:_ _ 6-15-2021 Project Manager Brent Blake WELL 17 TREATMENT FACILITY page 11 of 15 Project 11081.13 Page 308 Item#16. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2118-11081.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-2118-11810.D, are by this reference made a part hereof. SPECIFICATIONS I SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SPECIFICATIONS & DRAWINGS by Mountain Waterworks dated 412021 (252 pages) • PLANS by Mountain Waterworks dated 412021 (iol pages) WELL 17 TREATMENT FACILITY page 12 of 15 Project 11081.D Page 310 trem#�s. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,532,332.24. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 252 Days from Notice to Proceed Milestone 2 Final Completion 282 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 17 TREATMENT FACILITY CONSTRUCTION PROJECT per IFB PW-2118-11081.d. NOT TO EXCEED CONTRACT TOTAL....................... 1 532 332.24 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Contract Pricing Schedule Item No. Description Quantit Unit Unit Price MOBILIZATION &GENERAL CONDITIONS 1 Mobilization (5%) 1 LS $14,548.0 2 Construction Traffic Control 1 LS $1,606.00 3 Site Identification Sign 1 LS $1,285.00 4 Storm Water and Erosion Control 1 LS $1,720.00 5 Use Tax on City Provided Equipment (Pump) (0.06) 1 LS $28,269.24 SITE IMPROVEMENTS & UTILITIES 1 LS 6 Clearing and Grubbing/Demolition 1 LS $13,919.00 7 Demolition of Existing Wellhouse 625 SY $13,116.00 8 Asphalt Paving 75 SY $35,000.00 9 Gravel Surface 1 LS $2,025.00 10 Landscaping (Tree planting, re-sod, sprinkler repair/relocation, pavers) 1 LS 1 $13,852.00 11 Engineered Stormwater Infiltration System 56 SY $33,268.00 12 Concrete Flatwork (Sidewalk, Steps, Pads) 65 LF $4,928.00 13 8' Wrought Iron Fence 110 LF $5,850.00 14 6' Chain-link Fence 200 LF $3,300.00 15 8'Vinyl Fence 1 EA $17,400.00 16 20'Swing Gate 1 EA $13,764.00 17 4'Swing Gate 1 LS $2,753.00 Page 311 Item#16. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,532,332.24. 18 12"Water Main (Pipe,Valves, Fittings) 1 LS $3,756.00 19 10"Water Main (Pipe,Valves, Fittings) 110 LF $19,338.00 20 12"Sanitary Sewer 1 EA $7,810.00 21 Sand and Grease Trap 2 EA $5,240.00 22 Catch Basin 2 EA $5,806.00 23 4' Dia. Manhole,> 10 feet deep 1 EA $17,642.00 24 Air Gap Discharge Structure 1 LS $16,843.00 25 1 1/2"Water Service Connection (Pipe, Fittings,Valves, Meter) 1 LS $6,445.00 26 6"Water Service Connection (Pipe, Fittings, Valve) 1 LS $9,819.00 27 Misc. Yard Piping 310 LF $2,962.00 28 Curb&Gutter 230 LF $13,330.00 29 Valley Gutter 1 LS $18,400.00 BUILDING 30 Building&Tank Foundations and Floor Slab 1 LS $120,099.00 31 Building(incl. Roof, Gutters, Building Coatings, Bollards, Stairs, Doors, Handrails, etc.) 1 LS $378,979.00 32 Catwalk Framing and Grating 1 LS $34,581.00 33 Electrical (Site, Building& Equipment) 1 LS $210,929.00 34 Instrumentation and Control 1 LS $27,945.00 35 HVAC Equipment 1 LS $73,379.00 36 Plumbing 1 LS $48,591.00 37 Fire System 1 LS $43,460.00 38 Process Piping and Equipment (Pipes, Valves, Fittings, Coating,Supports, etc.) 1 LS $53,450.00 39 Workbench 1 EA $1,770.00 40 Wall Cabinet and Sink 1 EA $3,030.00 41 Chlorine Analyzer 2 EA $17,024.00 42 Sodium Hypochlorite Metering Pump 1 EA $9,052.00 43 Sodium Hypochlorite Storage Tank and Fill Connection 1 EA $9,239.00 44 Emergency Eyewash and Shower Unit 1 EA $1,547.00 45 Install Filter Equipment(Filter, Instrumentation, Electrical, Blower,etc.) 1 LS $33,460.00 46 Install Filter Equipment(Filter, Instrumentation, Electrical, Blower, etc.) 1 LS $0 47 Discharge Header(Pipe, Fittings,Valves,Static Mixer, and Appurtenances) 1 LS $17,815.00 Page 312 Item#16. Exhibit B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,532,332.24. 48 Well Pump and Motor Installation 1 LS $65,678.00 49 Startup and Commissioning 1 LS $14,455.00 BID ALTERNATE 1 50 316 Stainless Steel Pump Column 1 LS $10,101.00 BID ALTERNATE 2 51 Stainless Steel Pump Bowls 1 LS $23,754.00 Page 313 item#,6. THE AMERICAN INSTITUTE 4F ARCHITECTS Bond#2307583 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Pace of Business) Irminger Construction, Inc. North American Specialty Insurance Company 25094 Homedale Rd. 650 Elm Street Wilder, ID 83676 Manchester, NH 03101 OWNER (Name and Address): City of Meridian, Procurement Division 33 E Broadway Ave, Suite 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 27, 2021 Amount: $1,532,332.24 Description (Name and Locat'.on): Weli 17 Treatment Facility Construction Project# 11081,D BOND Date (Not earlier than Construction Contract Date) May 27. 2021 Amount: $1,532,332.24 Modifications to this Bond- X None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea') Company: (Corporate Seal) Irminger Cons+ructi ,, Inc North American Specialty Insur ce Company Signature Signature: '+ Name and Title: 7^sr.r C"„y.r- �irs.y�,�y r� Name andTitle: Ma aquie ,Worn -In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party).- Post Insurance NIA P.O. Box 893 Meridian, ID 83680-0893 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED..AIA■ THE AMERICAN INSTITUTE OF ARCHITECTS 1?35 NEW YORK AVE,N W WASHiNGTON D C 20006 A312-1984 1 THIRD PR NTING.MARCH 198' Page 314 I The Contractor and the Surety,joint'y and severally, bind which It may be liable to the Owner and, as elves, their heirs, executors. administrators, soon as practicable after the amount is ttem#16. ssors and assigns to the Owner for the performance determined, tender payment therefore to the Construction Contract which is incorporated herein Owner;or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, the Owner citing reasons therefore. Surety and the Contractor shall have no obligation under 5 If the Surety does not proceed as provided in Paragraph this Bond, except to participate In conferences as provided 4 with reasonable promptness, the Surety shall be deemed in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has not;fied the Contractor and the this Bond, and the Owner shall be entitled to enforce any Surety at its address described in Paragraph 10 below remedy available to the Owner. If the surety proceeds as that the Owner is considering declaring a Contractor provided in Subparagraph 4.4, and the Owner refuses the Default and has requested and attempted to arrange a payment tendered or the Surety has denied liability, in conference with the Contractor and the Surety to be whole or in part, without further notice the Owner shall be held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner. notice to discuss methods of performing the 6 After the Owner has terminated the Contractor's right to Construction Contract. If the Owner, the Contractor and complete the Construction Contract, and if the Surety the Surety agree, the Contractor shall be allowed a elects to act under Subparagraph 4.1, 4.2, or 4.3 above, reasonable time to perform the Construction Contract, then the responsibilities of the Surety to the Owner shall but such an agreement shall not waive the Owner's not be greater than those of the Contractor under the right, if any, subsequently to declare a Contractor Construction Contract, and the responsibilities of the Default; and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract. To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of declared earlier than twenty days after the Contractor costs and damages on the Construction Contract, the and the Surety have received notice as provided in Surety is obligated without duplication for: Subparagraph 3.1; and 6.1 The responsibilities of the Contractor for correction 3.3 The Owner has agreed to pay the Balance of the of defective work and completion of the Construction Contract Price to the Surety in accordance with the Contract; terms of the Construction Contract or to a contractor 6.2 Additional legal, design professional and delay selected to perform the Construction Contract in costs resulting from the Contractor's Default, and accordance with the terms of the contract with the resulting from the actions or failure to act of the Surety Owner. under Paragraph 4; and 4 When the Owner has satisfied the conditions of 6.3 Liquidated damages, or if not liquidated damages Paragraph 3, the Surety shall promptly and at the Surety's are specified in the Construction Contract, actual expense take one of the following actions: damages caused by delayed performance or non- 4.1 Arrange for the Contractor, with consent of the performance of the Contractor. Owner to perform and complete the Construction 7 The Surety shall not be liable to the Owner or others for Contract; or obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Construction Contract, and the Balance of the Contract Construction Contract itself, through its agents or Price shall not be reduced or set off on account of any such through independent contractors.or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from qualified its heirs, executors, administrators or successors. contractors acceptable to the Owner for a contract for 8 The Surety hereby waives notice of any change: performance and completion of the Construction including changes of time, to the Construction Contract or Contract, arrange for a contract to be prepared for to related subcontracts, purchase orders and other execution by the Owner and the contractor selected obligations. with the Owner's concurrence, to be secured with performance and payment bonds executed by a 9 Any proceeding, legal or equitable, under this Bond may qualified surety equivalent to the bonds issued on the be instituted in any court of competent jurisdiction in the Construction Contract: and pay to the Owner the location in which the work or part of the work is located and amount of damages as described in Paragraph 6 in shall be instituted within two years after Contractor Default excess of the Balance of the Contract Price incurred or within two years after the Contractor ceased working or by the Owner resulting from the Contractors default;or within two years after the Surety refuses or falls to perform its obligations under this Bond, whichever occurs first. If 4.4 Waive its right to perform and complete, arrange the provisions of this Paragraph are void or prohibited by for completion, or obtain a new contractor and with law, the minimum period of limitation ava-fable to sureties reasonable promptness under the circumstances: as a defense in the jurisdiction of the suit shall be .1 After investigation, determine the amount for applicable AIA DOCUMENT A312+PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED .AIA' THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE N W WASHINGTON,D.0 20006 A312-198� THIRD PRINTING•MARCH 1987 Page 315 lice to the Surety, the Owner or the Contractor shall by the Owner in settlement of insurance or other Item#96. jailed or delivered to the address shown on the claims for damages to which the Contractor is entitled, ure page. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction 11 When this Bond has been furnished to comply with a Contract statutory or other legal requitement in the location where the construction was to be performed, any provision in this 12.2 Construction Contract: The agreement between Bond conflictmg with said statutory or legal requirement the Owner and the Contractor identified on the shall be deemed deleted here from and provisions signature page, including all Contract Documents and conforming to such statutory or other legal requirement changes thereto. shall be deemed incorporated herein. The intent is that this Bond sha'l be construed as a statutory bond and not as a 12.3 Contractor Default: Failure of the Contractor, common law bond. which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the 12 DEFINITIONS Construction Contract. 12.1 Balance of the Contract Price- The total amount 12.4 Owner Default: Failure of the Owner, which has payable by the Owner to the Contractor under the neither been remedied nor waived, to pay the Construction Contract after all proper adjustments Contractor as required by the Construction Contract or have been made, including allowance to the to perform and complete or comply with the other Contractor of any amounts received or to be received terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties. other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title Name and Title: Address Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED +AIA' THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312-1984 3 THIRD PRINTING•MARCH 1987 Page 316 rrem#�s. THE AMERICAN INSTITUTE OF ARCHITECTS Bond#2307583 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business). Irminger Construction, Inc. North American Specialty Insurance Company 25094 Homedale Rd. 1450 American Lane Suite 1100 Wilder, ID 83676 Schaumburg, IL 60173 OWNER (Name and Address): City of Meridian, Procurement Division 33 E Broadway Ave, Suite 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 27, 2021 Amount: $1,532,332.24 Description (Name and Location): Well 17 Treatment Facility Construction Project# 11081.D BOND Date(Not earlier than Construction Contract Date): May 27, 2021 Amount: $1,532,332.24 Modifications to this Bond: ❑ None X See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Irminger Construction, nc North American Specialty Insurance.Compan Signature: _ /' Signature: ? Name and Title: �R p,Q h�� f.,rr-�s.,� Name andTitle: Mary Jaquie , Atto ey-In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance NIA P.O. Box 893 Meridian, ID 83680-0893 AIA DOCUMENT A312+PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED -AIA THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE,N W.WASHINGTON,D C 20006 A312-1984 4 THIRD PRINTING-MARCH 1987 Page 317 I The Contractor and the Surety,jointly and severally, bind 5 If a notice required by Paragraph 4 is given by the elves, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient Item#16. sors and assigns to the Owner to pay for labor compliance. als and equipment furnished for use in the 6 When the Claimant has sat,sfied the conditions of performance of the Construction Contract, which is Paragraph 4. the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions, 2 With respect to the Owner: this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to the and void if the Contractor: Owner, within 45 days after receipt of the claim, stating 2.1 Promptly makes payment, directly or indirectly, for the amounts that are undisputed and the basis for all sums due Claimants,and challenging any amounts that are disputed. 2.2 Defends indemnifies and holds harmless the Owner 6.2 Pay or arrange for payment of any undisputed from claims, demands, liens or suits by any person or amounts. entity whose claim demand, lien or suit is for the 7 The Surety's total obligation shalt not exceed the amount payment for labor, materials or equipment furnished for of this Bond, and the amount of this Bond shall be credited use in the performance of the Construction Contract, for any payments made in good faith by the Surety provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 8 Amounts owed by the Owner to the Contractor under the 12) of any claims, demands, liens or suits and tendered Construction Contract shall be used for the performance of defense of such claims, demands, liens or suits to the the Construction Contract and to satisfy claims, if any, under Contractor and the Surety, and provided there is no any Construction Performance Bond. By the Contractor Owner Default. furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance Of 3 With respect to Claimants, this obligation shall be nul! the Construction Contract are dedicated to satisfy obligations and void if the Contractor promptly makes payment, directly of the Contractor and the Surety under this Bond, subject to or indirectly for all sums due. the Owner's priority to use the funds for the completion Of 4. The Surety shall have no obligation to Claimants under the work. this Bond until: 9 The Surety shall not be liable to the Owner, Claimants Or 4.1 Claimants who are employed by or have a direct others for obligations of the Contractor that are unrelated to contract with the Contractor have given notice to the the Construction Contract. The Owner shall not be liable for Surety(at the address described in Paragraph 12) and payment Of any costs or expenses of any Claimant under sent a copy, or notice thereof, to the Owner, stating this Bond, and shall have under this Bond no obligations to that a claim is being made under this Bond and, with make payments to, give notices on behalf of, or otherwise substantial accuracy,the amount of the claim. have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with 10 The Surety hereby waives notice of any change, the Contractor: including changes of time to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts, purchase orders and other obligations. and sent a copy, or notice thereof, to the 11 No suit or action shall be commenced by a Claimant Owner, within 90 days after having last under this Bond other than in a court of competent performed labor or last furnished materials or jurisdiction in the location in which the work or part of the equipment included in the claim stating, with work is located or after the expiration of one year from the substantial accuracy, the amount of the claim date (1) on which the Claimant gave the notice required by and the name of the party to whom the Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last materials were furnished or supplied or for labor or service was performed by anyone or the last wham the labor was done or performed; and materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or (2)first occurs. If .2 Have either received a rejection in whore or in the provisions of this Paragraph are vo.d or prohibited by part from the Contractor, or not received within law, the minimum period of limitation available to sureties as 30 days of furnishing the above notice any a defense in the jurisdiction of the suit shall be applicable, communication from the Contractor by which the Contractor has indicated the claim will be 12 Notice to the Surety, the Owner or the Contractor shall paid directly or indirectly; and be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner Or the Contractor, however accomplished, shall be days, have sent a written notice to the Surety sufficient compliance as of the date received at the address (at the address described in Paragraph 12) shown on the signature page. and sent a copy, Or notice thereof, to the Owner, stating that a claim is being made 13 When this Bond has been furnished to comply with a under this Bond and enclosing a copy of the statutory or other legal requirement in the location where the previous written notice furnished to the construction was to be performed, any provision in this Bond Contractor. conflicting with said statutory or legal requirements shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shal. be deemed incorporated herein. The intent is that this AA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND.DECFMBER+Y84 ED .A A THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C 20006 A312-1984 5 THIRD PRINTING-MARCH 1987 Page 318 shall be construed as a statutory bond and not as a in the Construction Contract, architectural and ttem#9s. on law bond. engineering services required for performance of the work of the Contractor and the Contractor's 14 Upon request by any person or entity appearing to be a subcontractors, and all other items for which a potential beneficiary of this Bond, the Contractor shall mechanic's lien may be asserted in the jurisdiction promptly furn!sh a copy of this Bond or shall permit a copy where the labor, materials or equipment were to be made. furnished. 15 DEFINITIONS 15.2 Construction Contract: The agreement between 15.1 Claimant: An individual or entity having a direct the Owner and the Contractor identified on the contract with the Contractor or with a subcontractor of signature page, including all Contract Documents and the Contractor to furnish labor, materials or equipment changes thereto. for use in the performance of the Contract. The intent 15.3 Owner Default: Failure of the Owner. which has of this Bond shall be to include without limitation in the neither been remedied nor waived, to pay the terms "labor, materials or equipment" that part of Contractor as required by the Construction Contract or water. gas, power, light, heat, oil, gasoline: telephone to perform and complete or comply with the other service or rental equ:pment used terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 of this Bond is deleted in its entirety and replaced w th the following provision When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, but not more than 120 days. notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including but not limited to, lack of substantiating documentation to support the claim as to entitlement or amount. and the Surety shall, within a reasonable time, but not more than 120 days, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice: to bring suit against Surety to enforce any remedy available to it under this Bond. (Space Is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRWCIPAL SURETY Company- (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA• THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE N W WASHINGTON D C 20006 A312-1984� THIRD PRINTING•MARCH 1987 Page 319 SWISS RE CORPORATE SOLUTIONS Item#16. AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Overland Park,Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park.Kansas,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Overland Park,Kansas each does hereby make,constitute and appoint: TERRY S. ROBB, WILLIAM F. POST, and MARY JAQUIER JOINTLY OR SLVERALIN Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION(S125,000,000.00)DOLLARS 'rhis Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is I-URTI IER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." yaaaaan+'. G P,UT)' � �� ONq�ly s 5Q pPPaRjG tir!•G�0.PGis'G.p By vt$;ti S L tt`.y_ Steven Anderson, error vice President o as ngton International insurance Company 0778EALIN n'� �t -•SCE &Senior Vice President of North American Specialty Insurance Company - t9ir3 &Senior Vice President of Westport Insurance Corporation By ////j 601y s�!►�������� Mike A.tso.Senior Viet President of Washington International Insurance Company ////11IIIIIIIIH111� &Senior Vice President of North American Specialty Insurance Company &Senior Vice President cf Westport Insurance Corporation IN WITNESS WI IEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their offiral seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 5TH day of FE-BRUARY 120 18 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss, On this 5TH day or FEBRUARY ,20 18,be'ore me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael_A._Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL f M.KENNY r Notary public-State ni Ilhiaas µyen tiaas�;r f5 M. Kenny,Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 27 day or May 120 21 Jeffrey Goldberg Vice President&Assistant Secretary of washFngion International Inswa Page 320 North American Specialty Insurance Company&Vice President&Assistant Secretary of West uor LItel#16. CERTIFICATE OF LIABILITY INSURANCE DATE IMMfODlYYYYI �� 5/27/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Alyshia Gamble Post Insurance Services, Inc. PHONE (208)506-4700 AIC No: 12oai344 oast A No.Extir P.O. Box 893 EMAIL ADDRESS: agamble@postins.com INSURERS AFFORDING COVERAGE NAIC p Meridian ID 83680-0893 INSURERA:Auto Owners Insurance 18988 INSURED INSURER B:Benchmark Insurance Company 41394 Irminger Construction, Inc. INSURER C:Underwriters at Lloyd's, London 15792 25094 Homedale Rd INSURER0; INSURER E: Wilder ID 83676 1 INSURERF: COVERAGES CERTIFICATE NUMBER:2021-2022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDDIYYYY X COMMERCIAL GENERAL LIAR.IT' EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 300,D00 A CLAiIh541A pE X CCUR PREMISES Ea occurrence S X 550i1, 55373 X 1,46395775372721 3/11/2021 3 1/20, MEO EXP(Any one person 5 10,000 PERSONAL 8 ADV INJURY 5 1,000,000 GEN'L AGGREGATE♦_IM0 APPLIES r_✓. GENERAL AGGREGATE 5 2,000,000 POLICY JEC IOC PRODUCTS•COMPIOP AGG 52,000,000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per Person) S A ALL OWNED SCHEDULED AUTOS AUTOS X 4975372700 3/11/2021 3/11/2022 BODILY INJURY{Per accident) S NON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS Per accident X 58504.58583 S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR I CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION 5 497517;i705 3/11/2021 3/1:/2022 $ WORKERS COMPENSATION X PER OTH• AND EMPLOYERS'LIABILITY TATUTE R YIN ANY PROPRIETOR?AARINER EXECUTIVE EL EACH ACCIDENT $ 500,000 OFFICERaIAEMBER EXCLUDED NIA B (Mandatory in NH) OC121509700 1/1/2021 1/1/2022 E L DISEASE•EA EMPLOYEE S 500,000 It yes oescnbe„loot CESCRIPTION Or Cs ERATiCNS oe.o.. E L DISEASE•POLICY LIM T 5 500,000 C Professional Liability ANE43911134421 2/18/2021 2/10/2022 Each Claim Llm.I 5 1 000 0 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEH;;LES(ACORU 101 Additional Remarks Schedule,maybe attached if more syaco is ro.,.F J) RE: Well 17 Treatment Facility, Project (I11081.D CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 33 E Broadway Ave ACCORDANCE WITH THE POLICY PROVISIONS. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 1201401s Page 321 �T1 Item#16. DP CERTIFICATE OF LIABILITY INSURANCE DATE{MMTDOlYYYY) 5/27/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NA CNTCT ME_ Alyshia Gamble Post Insurance Services, Inc. PHONE (20B)506-4700 FA% IYeaY 34{-9551 A! x AfC No P.O. Box 893 ADDRESS. agamble@postins.com INSURERS AFFORDING COVERAGE NAIC d Meridian ID 83680-0893 INSURERA Auto Owners Insurance 18988 INSURED INSURERS:Benchmark Insurance Company 41394 Irminger Construction, Inc. INSURERc:Underwriters at Lloyd's, London 15792 25094 Homedale Rd INSURER D: INSURER E: Wilder ID 83676 INSURERF: COVERAGES CERTIFICATE NUMBER:2021-2022 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER tMMfDDNYYY MMTDDfY YYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 MAG A 7 CLAIMS-MADE FO OCCUR PRe.,5E TO REUS a or:curDrence S 300,000 X 55091, 55373 X 1446395775372721 3/11/2021 3111/2022 MEO EXP(Any one person) 5 10,000 PERSONAL &ADV INJURY S 1,000,000 GENT.AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 5 2,000,000 POLICY JF LOC PRODUCTS•CDMPrOP AGG 5 2,000,000 Df,+ER 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accldenl A X ANY AUTO BODILY INJURY(Per person) SOWNEDALL OWNED SCHEDULED AUTOS AUTOS X 49 53 3 11 21 3 11/2022 BODILY FNJU RY,Per acc dent' S NON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS Per acntlenl X 58504 56583 S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE 5 5,000,000 DED RETENTION 5 49753727 1 3/11/2021 3/11/2022 S WORKERS COMPENSATION X TA OTH• AND EMPLOYERS'LIABILITY TAT 7- R YIN ANY PROPRIETORlPARTNER EXECUTIVE NIA E.L EACH ACCIDENT S 500,000 OFRCERIMEMBER EXCLUDED B wCB215-371.' 1 1 2 21 1/1/2D22 IMandalory in NH) E L DISEASE-EA EMPLOYEE 5 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L.DISEASE•POLICY LIMIT S 500,000 C Professlanal Liability ANS439814421 2128/2621 2118/2022 Eacn CIP-MLime $ 1,000,000 DESCRIPT',Y OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101.Additiona Remarks Schedule may be attached i1 more space is roquirod) RE: Well 17 Treatment Facility, Pro)ect #11081.D CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 33 E Broadway Ave ACCORDANCE WITH THE POLICY PROVISIONS Meridian, ID 83642 AUTHORIZED REPRESENTATIVE Aly:hia sambl.. A, ©1966-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 I.ol4D" Page 322 Item#16. 0 P 0 8 T I N S U R A N C E To Whom It May Concern: Due to recent legislation regarding the issuance of Certificates of Insurance and changes to the ACORD certificate, we can no longer type anything in the "Description of Operations"box other than a project name, tiuntber and/or description The -Do�cription of Operations" box is just that, and is not to identify specific information or verify the coverages provided by the policy endorsements. Additional Insured and/or Waiver of Subrogation status has been indicated on the certificate to the right of the respective coverage and we have provided the actual endorsements for this status. Please note that the endorsements provide Additional Insured and/or Waiver of Subrogation status on a blanket basis to any organization if such status is required by a written contract or agreement. The certificate and endorsements we provided you adheres to our agency procedures and fulfills all coverage requirements. We are following the procedures required by our Errors & Omissions carrier and contracts with the insurance companies we represent. Malting Address P O. Box 893 Meridian, ID 83680 Physical Address 2315 S. Cobalt Point Way Meridian, ID 8364t O 208 336.5600 1 F 208.344,0651 1 www.postms.corn Page 323 Code 39-0011-00 Pohcy Number 144639-57753727 Item#16. 55373 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the fo'lowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under SECTION II-WHO IS AN INSURED 's in whole or in part, by 'your work" for that Addi- amended. The following provision is added. tional Insured by or for you. Other insurance A person or organization is an Additiona. nsured, ava table to the Additional Insured will apply as only with respect to liability caused, in whole or in excess insurance and not contribute as primary part, by"your work"for that Additional Insured by or insurance to the insurance provided by thi,, for you: endorsemer it. 1, If required n a written contract or agreement; or 2. The fo lowing condition is added. 2. If required by an oral contract or agreement only Other Additional Insured Coverage Issued By if a Certificate of Insurance was issued pror to Us the loss indicating that the person or organza- f this policy provides coverage for the same tion was an Additional Insured- loss to any Additional Insured specifically shown B. SECTION III -LIMITS OF INSURANCE is as an Additional Insured in another endorsement amended. The following provision is added to this policy, our maximum limit of insurance The limas of liabil ty for the Additional Insured are under this endorsement and any other endorse- those specified n the wrtten contract or agreement ment shall not exceed the limit of insurance in between the insured and the owner, lessee or con- the wr'tten contract or agreement between the tractor or those specified in the Certificate of Insur- insured and the owner, lessee or contractor, or ante, if an oral contract or agreement, not to exceed the limits provided in this policy, whichever is the limits provided in this policy. These limits are less. Our maximum limit of insurance arising inclusive of and not in addition to the limits of out of an "occurrence", shall not exceed the limit insurance shown in the Declarations, of insurance shown in the Declarations, regard- C. SECTION IV-COMMERCIAL GENERAL less of the number of insureds or Additional LIABILITY CONDITIONS is amended. Insureds. 1. The following condition is added to 4. Other Insurance. All other policy terms and conditions apply. This insurance is primary for the Additional Insured, but only with respect to liability caused. 55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 324 item#�s. ncy Code 39-0011-00 Policy Number 144639-57753727 COMMERCIAL GENERAL LIABILITY 55091 (10.09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY PLUS ENDORSEMENT This endcr•semcni modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. EXTENDED WATERCRAFT LIABILITY Exclusions Under SECTION I - COVERAGES, COVERAGE A. With respect to only HIRED AUTO AND NON- BODILY INJURY AND PROPERTY DAMAGE OWNED AUTO LIABILITY, the exclusions which LIABILITY, 2. Exclusions, g., exclusion (2) is de- apply to SECTION I - COVERAGES, COVERAGE A. leted and is replaced by the following: BODILY INJURY AND PROPERTY DAMAGE LIABILITY, other than the Nuclear Energy Liability (2) A watercraft you do not own that is: Exclusion Endorsement, do not apply. The fol lowing exclusions apply to this coverage: (a) Less than 50 feet long; and (b) Not being used to carry persons or This coverage does not apply to: property for a charge; a. "Bodily injury" or "property damage" expected 2. HIRED AUTO AND NON-OWNED AUTO LIABILITY or intended from the standpoint of the insured This exclusion does not apply to "bodily i-- Coverage for "bodily injury" and "property dam- jury" resulting from the use of reasonab,e age" liability provided under SECTION l force to protect persons or property. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, is extended b. Any obligation of the insured under a worker{ as follows under this item, but only it you do not compensation, disability benefits or unem have any other insurance available to you which ployment compensation law or any similar affords the same or similar coverage. law. Coverage c. (1) "Bodily injury" or "property damage- arising out of the actual, alleged or We will pay those sums the insured becomes le- threatened discharge, dispersal seepage gally obligated to pay as damages because of migration, release or escape of 'poilut- "bodily 'injury" or "property damage' arising out of ants": the maintenance or use of an "auto": (a) That are, or are contained .n any a. You do not own. property that is: b. Which is not registered in your name; or c. Which is not leased or rented to you for more 1) Being transported or towed by than ninety consecutive days handled or prepared for placemeni into or upon, or taken from the and which is used in your business. "auto"; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 1 of 8 Page 325 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. 2) Otherwise in the course of transit (b) Claim or "suit" by or on behalf c;( a by you or on your behalf; or governmental authority for damag:s because of testing for, monitoring 3) Being disposed of, stored, treated cleaning up, removing, containing, or processed into or upon the treating, detoxifying or neutralizing, or "auto"; in any way responding to, or assess ing the effects of"pollutants". (b) Before such "pollutants" or property containing "pollutants" are moved d. "Bodily injury" or "property damage" however from the place they are accepted by caused, arising directly or indirectly, out of. you or anyone acting on your behalf for placement into or onto the "auto"; (1) War, including undeclared or civil war, or (2) Warlike action by a military force, includ- (c) After such "pollutants" or property ing action in hindering or defending containing "pollutants" are removed against an actual or expected attack, b from the "auto" to where they are de- any government, sovereign or other livered, disposed of or abandoned by authority using military personnel or other you or anyone acting in your behalf. agents; or c. (1) (a) above does not apply to "pollut- (3) Insurrection, rebellion, revolution, usurp :d ants" that are needed or result from the power, or action taken by governmental, normal mechanical, electrical or hydraulic authority in hindering or defending againF,,. functioning of the "auto" or its parts, if the any of these. discharge, release, escape, seepage, mi- gration or dispersal of such "pollutants" is e. "Bodily injury" or "property damage" for whicl-. directly from a part of the "auto" designed the Insured Is obligated to pay damages by to hold, store, receive or dispose of such reason of the assumption of liability in a con- "pollutants" by the "auto" manufacturer. tract or agreement. This exclusion does not apply to liability for damages: c. (1) (b) and c. (1) (c) above do not apply, if as a direct result of maintenance or use (1) Assumed in a contract or agreement that of the "auto", "pollutants" or property is an "insured contract", provided the containing "pollutants" which are not in or "bodily injury" or "property damage" oc- upon the "auto", are upset, overturned or curs subsequent to the execution of the damaged at any premises not owned by contract or agreement. However, if the or leased to you. The discharge, release, insurance under this policy does not apply escape seepage, migration or dispersal to the liability of the insured, it also does of the 'pollutants" must be directly caused not apply to such liability assumed by the by such upset, overturn or damage. insured under an "insured contract' . (2) Any loss, cost or expense arising out of (2) That the insured would have in the :jI. any: Bence of the contract or agreement. (a) Request, demand or order that any in- f. "Property damage" to: sured or others test for, monitor, clean up, remove, contain, treat, detoxify or (1) Properly owned or being transported by. neutralize, or in any way respond to, or rented or loaned to any insured; or or assess the effects of"pollutants"; or (2) Property in the care, custody or control :A any insured Includes copyrighted w-aterial 3f Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 2 of 8 Page 326 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. other than "property damage" to a residence b. Your partners if you are designated in the or a private garage by a private passenger Declarations as a partnership or a joint ven- Iauto" covered by this coverage ture. g. "Bodily iniury" to: c. Your members if you are designated in the Declarations as a limited liability company. (1) An "employee" of the insured arir_ing out of and in the course of employment by the d. Your "executive officer's" if you are designated insured; or in the Declarations as an organization other than a partnership, joint venture or limited li- (2) The spouse, child, parent, brother or sis- ability company. ter of that "employee" as a consequence of Paragraph (1) above. e. Any person using the "auto" and any person or organization legally responsible for the use This exclusion applies: of an "auto" not owned by such person or or ganization, provided the actual use is with (1) Whether the insured may be liable as an your permission. employer or in any other capacity; and None of the following is an insured: (2) To any obligation to share damages with or repay someone else who must pay a. Any person engaged in the business of his or damages because of tre injury. her employer with respect to "bodily injury" to any co-"employee" of such person injured in This t-xcLsion d..:e,_ n.)t apply to: the course of employment. (1) Liability assumed by the insured under an b. Any person using the "auto" and any person "insured contract". other than you, legally responsible for its use with respect to an "auto" owned or registered (2) 'Bodily injury" to any "employee" of the in the name of: insured arising out of and in the course of his domestic employment by the insured (1) Such person; or unless benefits for such injury are in whole or in part either payable or re- (2) Any partner or "executive officer' of yours quired to be provided under any workers or a member of his or her household; or compensation law. (3) Any "employee" or agent of yours who is Who Is An Insured granted an operating allowance of any sort for the use of such "auto". With respect to only this coverage, SECTION II - WHO IS AN INSURED. is de.eted and replaced by c. Any person while employed in or otherwise the follov� ng engaged in duties in connection with an 'auto business", other than an auto business" you SECTION II - WHO IS AN INSURED operate. Each of the following is an insured with respect to d. The owner or lessee (of whom you are a this coverage- sublessee) of a hired "auto" or the owner of an "auto" you do not own or which is not reg a. You. istered in your name which is used in you business or any agent or employee of any such owner or lessee. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright nsurance Services Office. Inc., 1982, 1988, 2002, 2004 Page 3 of Page 327 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. e. Any person or organization with respect to the (a) The limit shown for Bodily Injury Hired conduct of any current or past partnership or Auto and Non-Owned Auto Each Oc- joint venture that is not shown as a Named currence is the total amount of cover Insured in the Declarations. age and the most we will pay for al' damages because of or arising out of Additional Definitions all "bodily injury" in any one 'occur rence". The following definition applies to only this cover- age: (b) The limit shown for Property Damage Hired Auto and Non-Owned Auto Each "Auto business" means the business or occupa- Occurrence is the total amount of cov. tion of selling, repairing, servicing, storing or erage and the most we will pay for all parking "autos". damages because of or arising out :�f all "property damage" in any one '.ak Limits of Insurance currence". With respect to only this coverage, SECTION III - 3. BROADENED SUPPLEMENTARY PAYMENTS LIMITS OF INSURANCE, is deleted and replaced by the following: Under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE SECTION III - LIMITS OF INSURANCE LIABILITY, COVERAGE B. PERSONAL INJURY AND ADVERTISING INJURY LIABILITY arld a. The Limits of Insurance shown in the Declara- SUPPLEMENTARY PAYMENTS - COVERAGES A tions and the rules below fix the most we will AND B: pay regardless of the number of: Paragraph 4., the amount we will pay for the a (1) insureds; tual loss of earnings is increased from $250 per day to $400 per day. (2) Claims made or "suits" brought- or 4. ADDITIONAL PRODUCTS-COMPLETED (3) Persons or organizations making claims OPERATIONS AGGREGATE LIMIT or l;ringing 'suits". If the endorsement, EXCLUSION - PRODUCTS b. We will pay damages for -bodily injury" or COMPLETED OPERATIONS HAZARD, CG 21 04, is property damage" up to the limits of liability not attached to this policy, then the following is stated in the Declarations for this coverage. added to SECTION III - LIMITS OF INSURANCE- Such damages shall be paid as follows: Commencing with the effective date of this policy (1) When Hired Auto and Non-Owned Auto we will provide one additional Products Each Occurrence Limit is shown in the Completed Operations Aggregate Limit, for eaci- Declarations, such limit is the total annual period, equal to the amount of the Prod amount of coverage and The most we will ucts-Completed Operations Aggregate Limit pay for all damages because of or arising shown in the Declarations. The maximum Prod out of all bodily injury" and "property ucts-Completed Operations Aggregate Limit fo- damage" in any one "occurrence". any annual period will be no more than two times the original Products-Completed Operations Ag- (2) Whun Bodily Injury Hired Auto and Non gregate limit. Owned Auto Each Occurrence Limit and Property Damage Hired Auto and Non- Owned Auto Each Occurrence limit are shown in the Declarations: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 4 of 8 Page 328 Item#16. ncy Code 39-0011-00 Policy Number 144639-57753727 5. PERSONAL INJURY EXTENSION Occurrence, Offense, Claim Or Suit, the following paragraph is added: a. If the endorsement EXCLUSION - PERSONAL INJURY AND ADVERTISING INJURY, 55350, is Paragraphs a. and b, of this condition will not attached to this policy, then this provision, 5. serve to deny any claim for failure to provide us PERSONAL INJURY EXTENSION, does not ap- with notice as soon as practicable after an "occur- ply rence" or an offense which may result in a claim b. If the endorsement EXCLUSION - PERSONAL a. if the notice of a new claim is given to your INJURY AND ADVERTISING INJURY, 55350, is "employee"; and not attached to this policy, then under SECTION V - DEFINITIONS, 15. "Personal in- b. That "employee" fails to provide us with no- jury" is deleted and replaced by the following: tice as soon as practicable. 15, "Personal injury" means, other than "bod- This exception shall not apply: ily injury", arising out of one or more of the following offenses: a. To you; or a. False arrest, detention or imprison- b. To any officer, director, partner, risk manager ment; or insurance manager of yours. b. Malicious prosecution; 7. DAMAGE TO PREMISES RENTED TO YOU c. The wrongful eviction from, wrongful Under SECTION I - COVERAGES, COVERAGE A. entry into, or invasion of the right of BODILY INJURY AND PROPERTY DAMAGE private occupancy of a room, dwelling LIABILITY, the last paragraph is deleted and re- or premises that a person occupies by placed by the following: or on behalf of its owner, landlord or lessor; Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or water dam. d. Oral or written pub:ication of material age to premises rented to you or temporarily oc- that slanders or libels a person or or- cupied by you with permission of the owner A ganization or disparages a person's or separate limit of insurance applies to this cover- organization's goods, products or age as described in 7. DAMAGE TO PREMISES services: RENTED TO YOU, a. Limits of Insurance. e. Oral or written publication of material The following additional exclusions apply to that violates a person's right of pri- 'property damage" arising out of Water Damage vacy; or to premises rented to you or temporarily occupied by you with permission of the owner: f. Discrimination: humiliation, sexual harassment and any violation of civil (1) "Property damage" to: rights caused by such discrimination, humiliation or sexual harassment. (a) The interior of the premises caused by or resulting from rain or snow whether driven by wind or not; or 6. BROADENED KNOWLEDGE OF OCCURRENCE (b) Heating, air conditioning, plumbing :-.r Under SECTION IV - COMMERCIAL GENERAL fire protection systems, or other LIABILITY CONDITIONS, 2. Duties In The Event Of equipment or appliances. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Sery ces Office. Inc 1982, 1988, 2002, 2004 Page 5 of Page 329 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. (2) "Property damage" caused by or resulting (e) Regardless of the cause, flood, sur from any of the following: face water, waves, t,des, tidal waves, storm surge, overflow of any body of (a) Mechanical breakdown, including water, or their spray, all whether wind bursting or rupture caused by cen- driven or not. trifugal force; (f) Wafer under the ground ssirface (b) Cracking, settling, expansion or pressing on, or seeping or flawing shrinking; through: (c) Smoke or smog; 1) Walls, foundations, floors or paved surfaces; (d) Birds, insects, rodents or other ani- 2) Basements, whether paved or not, mals; or 3) Doors, windows or other openings (e) Wear and tear; (4) "Property damage" for which the insured (f) Corrosion, rust, decay, fungus, dete- is obligated to pay as damages by reason rioration, hidden or latent defect or of the assumption of liability in a contract any quality in property that causes or agreement. This exclusion does not such property to destroy or damage apply to liability for damages that the in itself; or sured would have in the absence of thi,: contract or agreement. (g) Water that flows or leaks from any heating, air conditioning, plumbing or a. Limits of insurance fire protection system caused by or resulting from freezing, unless: With respect to this coverage only, under SECTION III - LIMITS OF INSURANCE, para 1) You make a reasonable effort to graph G. is deleted and replaced by the ff:' maintain heat in the building or lowing: structure; or G. The most we will pay under Coverage A 2) You drain the equipment and shut for damages because of "property dam- off the water supply if the heat is age" to premises rented to you or tempo not maintained. rarity occupied by you with permission of the owner arising out of or caused by fire (3) "Property damage" caused directly or in- lightning, explosion, smoke and water directly by any of the following: damage is the amount shown in the Dec larations under Damage to Premises (a) Water that backs up from a drain or Rented to You. sewer; b. Under SECTION IV - COMMERCIAL GENERAL (b) Mud flow or mudslide; LIABILITY CONDITIONS, 4. Other Insurance paragraph b., the word fire is amended to in- (c) Volcanic eruption, explosion or effu- clude fire, lightning, explosion, smoke or wa sion; ter damage. (d) Any earth movement, such as earth- S. BLANKET ADDITIONAL_ INSURED - LESSOR OF quake, landslide, mine subsidence, LEASED EQUIPMENT earth sinking, earth rising or earth shifting; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 6 of 8 Page 330 item#�s. ncy Code 39-0011-00 Policy Number 144639-57753727 a. SECTION 11 - WHO IS AN INSURED is (1) In a written contract or agreement, exe amended to include as an additional insured cuted prior to loss, to name as an addi- any person or organization with whom you tional insured; or have agreed: (2) In an oral contract or agreement, exe (1) In a written contract or agreement, exe- cuted prior to loss, to name as an addi- cuted prior to loss, to name as an addi- tional insured only if a Certificate of Insur- tional insured; or ante was issued prior to loss indicating that the person or organization was an (2) In an oral contract or agreement, exe- additional insured cuted prior to loss, to name as an addi- tional insured only if a Certificate of Insur- but only with respect to liability arising out of ante was issued prior to loss indieati-ig the ownership. maintenance or use of ltka, that the person or organization was an part of the premises leased to you. additional insured b. This provision is subject to the following addi- but only with respect to liability for: tional exclusions, applicable to this provision only: (1) "Bodily injury"; (2) "Property damage"; (1) Any "occurrence" which takes place after (3) "Personal injury"; or you cease to be a tenant in that premises (4) "Advertising injury` (2) Structural alterations, new constructions caused in whole or in part, by your mainte- or demolition operations performed by or nance, operation or use of equipment leased on behalf of the additional insured. to you by such person or organization. c. The fallowing is added to SECTION III - b. With respect to the insurance afforded to an LIMITS OF INSURANCE: additional insured, this insurance does not apply to any "occurrence which takes place The Limits of Insurance for the additional in- after the equipment lease expires sured are those specified in the written con- tract or agreement between the insured and c. The following is added to SECTION III - the manager or lessor of the premises, not to LIMITS OF INSURANCE: exceed the limits provided in this policy. These limits are inclusive of and not in addi- The Limits of Insurance for the additional in- tion to the Limits of Insurance shown in the sured are those specified in the written con- Declarations. tract or agreement between the insured and the lessor, not to exceed the limits provided in 10. NEWLY FORMED OR ACQUIRED this policy. These limits are inclusive of and ORGANIZATIONS not in addition to the Limits of Insurance shown in the Declarations. Under SECTION 11 - WHO IS AN INSURED, Para graph 4. is deleted and replaced by the following 9. BLANKET ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES 4. Any organization you newly acquire or form other than a partnership, joint venture or lirn- a. SECTION II - WHO IS AN INSURED is ited liability company, and over which you amended to include as an additional insured maintain ownership or majority interest, will any person or organization with whom you qualify as a Named Insured if there is no have agreed other similar insurance available to that or- ganization, However: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 7 of 0 Page 331 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. a. Coverage under this provision is afforded 11. BLANKET WAIVER OF SUBROGATION only until the 1801h day after you acquire or form the organization or the end of the The following is added to SECTION IV - COM- policy period, whichever is earlier; MERCIAL GENERAL LIABILITY CONDITIONS 8. Transfer Of Rights of Recovery Against others 10 b. Coverage A does not apply to "bodily in- Us. jury" or "property damage" that occurred before you acquired or formed the organi- When you have agreed to waive your right of sub zation; and rogation in a written contract, executed prior to loss, with any person or organization, we waive c. Coverage B does not apply to "personal any right to recovery we may have against such injury" or "advertising injury" arising out person or organization because of payments we of an offense committed before you ac- make for injury or damage arising out of your on quired or formed the organization. going operations or "your work" done under a contract with that person or organization and in. No person or organization is an insured with cluded in the "products-completed operations respect to the conduct of any current or past hazard". partnership, joint venture or limited liability company that is not shown ,is a Named In- All other policy terms and conditions apply sured in the Declaratio s. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 8 of 8 Page 332 Code 39-0011-00 Policy Number 49-753-727-00 Item#16. 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This erdorsemen, Modifies insurance provded under the following. COMMERC Al AUTO POL.CY SECTION Il -COVERED AUTOS LIABILITY COVER- person or organization qualifies as an insured under AGE is amended. The following provision is added. SECTION It-COVERED AUTOS LIABILITY COVER- Any person or organ zation is an insured for Covered AGE,A.COVERAGE, 1.Who Is An Insured. Auto,, Lability Coverage, but or:.y to the extent that All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET Tkis endorse,rent modifies insurance provided under the fallowing: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is However,we waive our right to recover payments made ;mended. 5.Our Right to Recover Payments is de- for bodily injury or property damage: leted and replaced by the following condition. a. Covered by the policy: and 5. Our Right to Recover Payments b. Arising out of the operation of autos covered by the If we make a payment under this policy and the per. policy, in accordance with the terms and conditions son to or for whom payment is made has a right ID of a written contract between you and such person recover damages from another, we will be entitled to or entity that right. That person shall do everything neces- only if such r ghts have been waived by the written con- sary to transfer that right to us and do nothing to tract prior to the accident or loss which caused the prejudice it. bodily injury or property damage. All other po icy terms and conditions apply. 58583 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 333 Code 39-0011-00 Policy Number 49-753-727-00 Item#16. 58540 (12-19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - BLANKET COVERAGE -h:s endorsement modifies insurance provided urder the following- COMMERCIAL AUTO POLICY SECTION V- CONDITIONS, B. GENERAL CONDI- (1) There s a written agreement between you and such TIONS. 2, Other Insurance s amended. The following person or organization that this insurance shall be provision is added as it applies to this endorsement only. pr nary and without the right of cortr.bution: and When this insurance is primary and there is other in- (2) Such written agreement was n force prior to any surance for any person or organization, other than a bodily injury or property damage. Named Insured, which covers liability for your oper- ations, contribution from such other insurance shall not All other policy terms and conditions app'y. be sought by us when; 58540 (12-19) includes copyr'ghted material of Insurance Services Office Inc., with its permission. Page 1 of 1 Page 334 Item#16. Code 3�'3 0011-00 Policy Number 49-753-727-01 PERSONS AND ORGANIZATIONS INSURED Each of the following Is an insured under this policy to a. Coverage under this provision is afforded the extent described below: only until the 90th day after you acquire or form the organization or the end of the A. If you are designated in the Declarations as an policy term, whichever is earlier; and individual, you and your spouse are insureds, but only for the conduct of a business of which you are b. Coverage does not apply to bodily injury, the sole owner. property damage, personal injury or ad- vertising injury that occurred before you B. if you are designated in the Declarations as a acquired or formed the organization. partnership or joint venture, you are an insured. Your members, your partners, and their spouses F. Any executive officer or director of yours while are also insureds, but only with respect to the acting within the scope of his or her duties for you conduct of your business. Your stockholders are insureds, but only with respect to their liability as a stockholder. C. If you are designated in the Declarations as a limited liability company. you are an insured. Your G. Any person (other than your employee)or organl- members are also insureds, but only with respect to zalion while acting as your real estate manager. the conduct of your busine,,s. Your managers are insureds, but only with respe.:t to their duties as managers. H. Any person, organization, trustee or estate wilt~ respect to which you are obligated by virtue of a written contract to provide insurance such as is D. If you are a trust, you are an insured. Your trus- afforded by this policy, but only with respect to tees are also insureds, but only with respect to their operations by or on behalf of, or to facilities of or dut es as trustees. used by, you. E. If you are designated in the Declarations as an I. Subject to the terms and conditions of this organization other than a partnersh;p,joint venture insurance, any other insured(s) included in the or limited liability company: scheduled underlying insurance issued to you and shown n the Declarat ons, but only to the extent that insurance is provided for such of-ner insured(s) in 1. You are an insured: and the scheduled underlying insurance. 2. Any organization you newly acquire or form, However, no person or organization is an insured with other than a partnership,joint venture or limited respect to the conduct of any current or past partner- liability company, and over which you maintain sh p, joint venture or lim ted liability company that Is not ownership or majority interest, will qualify as an shown as a Named Insured in the Declarations. insured if there is no other similar insurance available to that organization. However: LIMITS OF LIABILITY A. The Limits of Liability shown in the Declarations and 2. Persons or organizations who sustain damage: the following provisions determine the most we will pay regardless of the number of: 3. Claims made or suits brought; or 1. Insureds: Includes copyrighted material of Insurance Services Office,Inc,with its perm.ssion 26800(7-05) Copyright Insurance Sermces Office,Inc.. 1988 2003 Page 16 of 20 Page 335 Item#16. IRS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Th s agreement shall not operate directly or indirectly to berefil anyore not named in the Schedule. Schedule Any person or organizat on as required by written contract This endorsement cl-anges the policy to which It Is attached and Is effective err, the elate Issued unless otherwise stated (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date. 01'01.2021 Policy No. WCB215037-00 Endorsement No Insured Irminger Construction. Inc Premium.- Insurance Company: Benchmark Insurance Company WC 00 03 13 Countersigned by (Ed 04-84) '- 1983 National Council on Compensation Insurance P� Page 336 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1931: An Ordinance (H-2021-0013 — Roberts Annexation) for Annexation of Lots 2 & 3, Heritage Subdivision No. 2, Situated in the Southwest Quarter of the Northwest Quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and Being More Particularly 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 2.146 Acres of Land from R-1 To R-2 (Low Density Residential) Zoning 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 Page 337 ADA COUNTY RECORDER Phil McGrane 2021-120067 BOISE IDAHO Pgs=7 CHE FOWLER 08/12/2021 12:49 PM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Phil McGrane 2021-092330 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 06/15/2021 03:45 PM CITY OF MERIDIAN, IDAHO NO FEE Please Re-Record to add pages 5 & 6 the County Plat and Property Boundary Adjustment CITY OF MERIDIAN ORDINANCE NO. 21-1931 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0013—ROBERTS ANNEXATION) FOR ANNEXATION OF LOTS 2 & 3, HERITAGE SUBDIVISION NO. 2, SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY 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 2146 ACRES OF LAND FROM R-1 TO R-2 (LOW DENSITY RESIDENTIAL) ZONING 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: Denton Roberts. SECTION 2. That the above-described real property is hereby annexed and re-zoned from R-I to R-2 (Low Density Residential)Zoning Districts 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. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Roberts Annexation H-2021-0013 Page 1 Please Re-Record to add pages 5 & 6 the County Plat and Property Boundary Adjustment CITY OF MERIDIAN ORDINANCE NO. 21-1931 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0013—ROBERTS ANNEXATION) FOR ANNEXATION OF LOTS 2 & 3, HERITAGE SUBDIVISION NO. 2, SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32,TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY 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 2.146 ACRES OF LAND FROM R-1 TO R-2 (LOW DENSITY RESIDENTIAL) ZONING 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: Denton Roberts. SECTION 2. That the above-described real property is hereby annexed and re-zoned from R-1 to R-2 (Low Density Residential)Zoning Districts 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. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in 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 15th day of June 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO,this 15th day of June 2021. MAYOR ROB RT I. SIMISON ATTE `` •tj j III fff f CHRIS JOHN N, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 15th day of June,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON 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. 711 Cha&wW _. CHARLENE WAY q_ COMMISSION#67390 I NOTARY PUBLIC FOR ID RESIDING I ( NOTARY PUBLIC AT:Meridian,ID STATE OF IDAHO ! MY COMMISSION EXPIRES: 3-28-2022 MY CC MMISSION EXPIRES 3128122 11, Roberts Annexation H-2021-0013 Page 2 EXHIBIT A A. Annexation Legal Description and Exhibit{date: 2f312021} Ali N EXAM N ROBERTS PARCELS LEGAL DESCRIPTION Lots 2 &3, 131ock 1, Heritage Subdivision No. 2,situated fn the Southwest ouarte-rofthe Northwest Quarter of Section 32,Township 4 North, Range 1 East,Boise Meridian, Ada Ct unAy, Idaho,more particularly described as follows—, GaMPafi ENC114G at the Corner of Sections; 30, 29,32,&31 monumented by a found aiuminurn cap as described in Cl' &F Instrument No. 11/098253 at the intersection of r:. idicmillan Road arid N, Locust Grove Road, from which the, Quarter Corner common to Sections 32 and 31 moriurrmented by a Found alUminum cap as described in CP&f Instrument No. 1021U2462 at the intersection ofE. Lelghfield Drive and P9. Locust Grave Road nears, South 00"33`08" West, 2,659.05 feet; thence South 00"33'08"Wev-, 1,988.136 feel:to the POINT OF BEGINNING; Thence along;the. Northerly Boundary of Lot 2, South 9"3113" East, 287,63 feet to the Northwest Corner of Lot k Thence along the Westerly Boundary of Lot 4,South 00'32"52"West, 325M feet to the Center Line of . Par dise Lane, Thence along said Center Line; North '31'13" West,287,65 feetto the to the Center Line of N, Locu'5t Grove Road and he Westerly Boundary of Section 8.2; Th etic�North 00"33'08" East, 3.2.5,00 feet top the POINT OF SEGINNI G. Containing 2.146 .acres, more or less. End of descripfion Prepared By: Ronald'10. Hodge 57 ' - O F Roberts Annexation H-2021-0013 Page 3 EXHIBIT ______ ANNEXATION MAP 31 MERIDIAN CITY LIMITS ANNEXATION AREA ftvT -)-z 1 2 1 f, �1: lb 00.1 LpL 31 — c S I K =T 'N -"0 f a L40M THIS DRAWINC 1�3 A VISUAL REFERENCE ONLY, N. Locust Grove Road (300.00') N00° 32' 52"E 300.00' — — ——— — — — — — — 150.00-- —— — — — — — —— ---- - - - - - -- -150.00'. - - - -- - - - - r - - - - - - - - - - (150.00') (150.00') I o I I � I I I CD I 5.00' ' 1� I I a v �jCD _. 3 v W M m 00 bCD 0 Drn (, 0 � mCD a O cr con o � N rNJ Ir Ln a M Lm Sy W o / o < O o U1-7 1 CD I (150.00' I I i � I I I I I � I I � O O / I - - - -15000� - - - - - - - - - - � �11�1�1�111/1-11 (15o.ao�)��1 I�11%1L/11 � 150.00 —— — — — — — - -- - -- - - - - --S00° 32' 52V 300.00'-(300.00')— — —— — — — — — — —— — — — _ _ Basis of Bearings o I I I I I I I I I � i I ® oID I ' Ln d I 1 ° n � „ ' < y p 1 o v Z O v J (D Z ''"• - � Q C N � 6 � 1 Cn cn m o v j Z n W p h -luID 00 v r ID ID 3 W n I I u c O U. - M MNcnDNO W rDD (D ID n 0-0 � �Or 0CD j O (�D U�'7 0 �fli z— iCL v v N r W,< o � � rt ti N 00 J U•i O J Ui O� PROF a s -I w ry N o D 0-M -1 M W ?t (A -n n TI mayS m W a n n p „ v H ° a N < cD v � N { MM o o � /� sQ _ a, v aCD rt m f� C) N W p O (D Dj o S 0 S 0 y 04 p (D /'1 (D o co• > p O 7 1 0 7 7 p O �. S �p p •a "a o o \ J I� L� o Cal cn r N o v O n O rD ID �' N O II n n �1 .J m o CL ° H oovo�anos � o � aoo = vCr < � � r r D — N (D 7 0 (�4 O' h rt c� Q O �' p Z m � `G � Z y Oq� ��0 m y po " Q = ��� � w o N. n Qo O 0 O 0 41 co v < Da 3 ( N I� (Q n O y N tp Ca 0 rt v 7 O N v N O 000 �. 0 7 N y \ Q ( Q O N O rr7 x C'F �� v m � hj � Q Q � N v � CL h oM ID Z(D -- (D m � � PN u, it *t 2I0�� o �.{ �• �'rD r s - "- 7l -P O N � �Lrl O Z r« W�.{ v m � n O Ip �^ N O rt 7 Iv�♦ W to s= Q O ll� O CO) (D rt : (!) 1 '� N Q- u� yM.{ -s v� v O o n �•+ p K vi O_ -c D r . N S D = rr+ N N v 5 a < o N W < r O v v= O ID rt a m ID .1 0 Z (D (D o o v ro o 9 ,< Fti l< fD m < . s 0 �o Ln O m O -Pb < n < ID < v nM. c O n a `vD InD (D N o = 3 r, cD 0 `` m Ui � , r r ' D p " a o Q ll� o v �+ p s v < 3 a + ID p a 6 0 n D v w Quo � � o v � � _. rt I"I'1 J O v o N B S c �' o` � �N �' m 0 6 < va ° + � 0 0 3 Pell c� O 0 ` (D O (D � ` v cD CD °7 o a D s s o (D a (D iU O N Q N �^ rF Z o 0 y a m v Q - p rD v O n C�ZC �Nr ■per pn °� u� N 3 27 w , Q f� 0 Q 7 3 R, r O p 7 y 7 v < !J1 (D 0 G \ C C 3 D ` O r, vi = Q OC �, 0 y' lD (� d �' rr rrti• vroi p A fl- ,hi• 7 (aD A (D ((DD (D Q `� O z � rt r3D = s ° ^ cam Q m rt rt, , 13 0 s v i Y fD O0 `G Z <_. W n , N s n v o l t o D o fD T ° ? o 3 o N O Q N O n (D X ao 3- 2 c m rD H (D Cr t7 « cD < d cD a s a rt N ? O � cn N m r cn � � Xmm rt °' � � N ° _ � � a I� C ? , m all, v . o m a m rt rr. � v lfl Q-� O (D Z -' (� u', v � < °; < moo � ° on � rt s ID + rt � Q W h o _ O 0 N 3 m ^ O ID -s O m -0 N O 0 O N (D `" '^ n rt O_ O _� y T 0 3 p < sv � N sZ7 NM a „'+ FTj - s < � v � � � < o�o � o (D ID CD♦w O ® D � < m � � rom o 0 0° oo '* * N Q N �j I V� O c-t .. � o �s � v 0 -000 o v a c^ �(D �c o o N v N1-,C-� O 00 �■ �, U) U C 0 �, S o �, �{ a cn c� 0 .3 p p 0 O c c, a mO i C1e- TQ °' o C m oa QNU'I ' ,r r fD O O p- (p fD' n.^ • P ~' ' O O N� � i ■ n ■ T r. � irnkD ICI nl I �I s ' v �N � �c 0vQ J � 1 (D Nm � Ln O n 3 O+ N N' O v 6 O 7' 0 n = p ■ N < n D p- N � y c s o -0 cD = o v ( O N n 0 -n �. "< Q < mp � CD gm moo' a � mr) Cr o � 0 lu N N S O P- N Q. v 0 n '< O O N. m O w Q. N -, rt sv O 7 iv O O v ao O (D m 0 (D O ET + asm v o ro � � sz cfl I� rt H z ID v - a ID Roberts Annexation H-2021-0013 Page 5 A N�Od O� MZu Nam° V6•M \ f ° \A AAq NqM NNOi wN WN 'U UW°�oOOou UUU3•"�uNUOp� # Ana 90 R Y `°M1w`..°, ' AO .°°°i°OWN•0 ._ __ __ 500 00 No,erH Sourri/B3B.io �' • `oo�°" •0 '�� 0 8o"oc•° '�bc�:ra�eove: � �o -^� 3.oo is0.oa 13 I `S Y 44 � � maaao euCi,b\U � ♦u v �I i I I wm ewe-. # O q•N.N inV•ro# q.0 C �N Vy `°nNb I`.0� � "� e�W I W m gP,.`♦`oC �W. n\ a w..\4n A �A �'e O qq O W0{v O ImRiZ- N/,qw° n'N 0bn We♦ B < hyN##aA.2.#'�Z#q VyyH220h IP lq W II II �S• m - ;`Jy, O VNppM N,' W a'p ti ��o.�;oo�•°•rou N y' D a T � ;�": 3----J � /_ � 9n �Fy Fmmyq,a4�oom'W° '� 8 H nol /sB.ao � `� gnmmm n? mn D P `\ WW Npr/ib fir. \,-"I/ °ol rourb y ♦�NO4M1��W2V TW AWN\ NONa„ % 310.00 a Via° D North I n &opq$�°n mvool�INn H4ou°8vu"qu°x IP 8 . Tf 1 I12J,i.A_3___8'^".�v Bz°.I>B V \ NereA pro°�� NVa �$aroUvo •MN ° A' IW N �i I .♦i `-- Ti V� O* 11 4� A A,q' N'u 'Kb gAOy N °,88 80 800 'o$000000. � i8 II � :� rs/n J1 '1 I� w$q♦ ♦ o U n\ \m.♦ � II I -JLro o v7grom `� � mr"Jb^ o.N� g I' II O w'\'P riJ.ls, l02 O �m X:e avov\ q�#0��0.14 \mm°^, n. Ig IL3'/�se-L--- p .v°r>e '44 O .�Nro:nativemvnOf\`q�Mw\♦Oo 08 ° Ir-s•.rfb af----, '�^. � C �� NNta� 'NhI+W yq �a# Pq II ^ °S q a.� Nam` \ qy A. i° O a{ 'T`�'o M$iyo a wN.o'y oa:A I\ II N th I Nnei O Qd '"� �nei=•°i2f°'mi�Aa�m�Frt;`?�mm�m I"' II � � I $ N 5 / g II 8 y �_�4_s.as�-_ Ip 1 'Iy sa IVGLE ♦\J \\ �,\�0 vJ� \ n ° -+I I•"' a B3f I y.trl a SO.O° *y Q Vi°� I I I 4 1 0 ,BGO.BO S 2 n�y Q Qy �� I«r" Iw°rem a mIR µe 0 Qh o m I� it 4 --r,i I v s°rth 6 Q Z W 8 O g_AI u "�, I 304.06 p a Tq•olio-, i O N o ., to ° o j-- I I N o Q o a� I�Q 1� II o` y F I e .2 7Y.Lo yo R it O 0 try i sai tb ♦. y°4 ,y /tis. ^/ / O �1 I� °s t' ,rp�' 95/M1�ro ,0. .(.:. Wl I --•s°srL=-�---' m J qa1. N ��,{-lI �"•!tl4Wt/r% 0 9 / /x'F• A^`y°,. S m n T, -� � O (�� Im` I' �`o` P\fro/ 0'//,�, �e•F3 �tl/}��,� /,it'e'�%all I" I ��ll y p` I I II 11.. /`g� •e�:af,�' "�y^+' �",q �jl w o 8 f^Q\a�'\� 10 N°r l 1,�n//�1° '' •.6/0 O M1 /0 7 O 4 .�.v O�1�= r•I �hv r' A I� o�a�. � 4'/ /�ti. v----•vwse- I IX v � C } N ` Tv rns�q y V / ® .y♦// O ^•.y _ re:m m" a I O ti II /_ AO i j 'iln♦o os�m s. /aY.o. {� ° m? • 8 II /Sli. �I" '.re:.> / s.> - +/e I m a pO1 M 14 I II O yA e�� A • �A\ ;�/ /� Ye I \ B �A v ��-==rotih�_ �7'01'%__ _ 0�_ mt�._/L--mil-= "__-o -'�•�'---J , /N L r'ITTEO� % ac on a� �N.y' �4• p t D d� 0 yid R p ° Z w tin e'n o° Z 'C Roberts Annexation H-2021-0013 Page 6 EXHIBIT B Item#18. ANNEXATION MAP 31 T-FT-F-F ANNEXATION LINe S EC-T ro N T- -7 MERIDIAN CITY LIMITS ANNEXATION AREA --i—— r mEptIDIA aly u ITS I T ftvTI "' SCrLaic 1r T f- I lb F'T T-1-7 Fr7 J , .............I �11UXX 2 I . 00.1 oc)l) N 51 LpL 31 ERIDIAN CITY UMITS- - -32 POD — c s I K =T 'N f a L40M THIS DRAWING IS A VISUAL REFERENCE ONLY, Item #18. CERTIFICATION OF SUMMARY , William L .M . Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . J �. William L . M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 214931 An Ordinance (H-2021 - 0013 — Roberts Annexation) for annexation of Lots 2 & 3 , Heritage Subdivision No . 2 , situated in the Southwest Quarter of the Northwest Quarter of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 2 . 146 acres of land from R- 1 to R-2 (Low Density Residential) zoning district; 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 an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East j Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] ANNEXATION ORDINANCE — Roberts Annexation (H 2O21 - 0013) Page 3 of 3 Page 339 Item#19. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1932: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining to Specific Use Standards in the Old Town District in Chapter 2; Ditches, Laterals, Canals or Drainage Courses in Chapter 3; Comprehensive Map Amendments in Chapter 5; and Common Driveway Standards in Chapter 6; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 343 Item#19. CITY OF MERIDIAN ORDINANCE NO. 21-1932 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREALT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, PERTAINING TO SPECIFIC USE STANDARDS IN THE OLD TOWN DISTRICT IN CHAPTER 2; DITCHES, LATERALS, CANALS OR DRAINAGE COURSES IN CHAPTER 3; COMPREHENSIVE MAP AMENDMENTS IN CHAPTER 5; AND COMMON DRIVEWAY STANDARDS IN CHAPTER 6; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code 11-2D-313.4,Unified Development Code,be amended as follows: 4. , height e)(eeediRg the maximum height allewed- fe—p the district l threUgh a Rditi9R ,I , Mit. In the 0-T and TN-C districts, the additional height allowed is limited as follows: a. In the area defined as the city core in chapter 1 of this title, additional building height may deviate up to twenty (20) percent of the minimum or maximum height in the 0-T district subject to the alternative compliance procedures set forth in chapter 5, "administration", of this title. Proposed building height exceeding twenty (20) percent of the maximum or minimum height for the district requires approval through a conditional use permit. In no case shall the building height exceed fifty (50) percent of the maximum height allowed in the district. ba. Additional building height not to exceed twenty (20) percent of the maximum height allowed for the TN-C district may be approved by the Director through the alternative compliance procedures set forth in chapter 5, "administration", of this title. Additional height shall be allowed when the development provides ten (10) percent of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. MAY,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—H 2021-0001 PAGE 1 OF 5 Page 344 Item#19. c-4. Additional building height exceeding twenty (20) percent of the maximum height allowed for the TN-C district or when additional height is requested without providing the required open space in accord with subsection (B)(4)ab of this section requires approval through a conditional use permit. Section 2. That Meridian City Code Section 11-2D-4, Unified Development Code, be amended as follows: The standards for development in the Old Town District are set forth in this section as follows: A. Building Height: In the area defined as the city core in chapter 1, any new construction shall have a minimum height of thirty-five feet (35') and a maximum height of one hundred feet (100'). All other areas in the district, the Mmaximum building height is seventy-five feet (75'). B. Number of stories. Minimum number of stories for new construction is two (2) and/or as set forth in the "City of Meridian Architectural Standards Manual". C-P. Streetscape improvements. Streetscape improvements within the city core shall be designed in accord with the "City of Meridian Public Works Design Standards Manual". D€. Residential to commercial conversions. Residential to commercial conversions within old town shall comply with the established standards set forth in the "Architectural Standards Manual" (ASM) and structure and site design standards set forth in section 11-3A-19 of this title. Where there are site constraints that prevent a conversion from wholly complying with these standards, the applicant may submit for a design standard exception as set forth in the ASM. E . Public and other urban open spaces. When proposed as part of a development, public and other urban open spaces shall have sufficient pedestrian access and be integrated into the overall site design. Section 3. That Meridian City Code Section 11-3A-6, Unified Development Code, be amended as follows: A. Purpose. The purpose of this section is to limit the tiling and piping of natural waterways, including but not limited to, ditches, canals, laterals, sloughs and drains where public safety is not a concern as well as improve, protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough and Jackson and Evan Drains) as an amenity in all residential, commercial and industrial designs. When piping and fencing is proposed, the following standards shall apply. B. Piping. MAY,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—H 2021-0001 PAGE 2 OF 5 Page 345 Item#19. 1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or otherwise covered. See also subsection (C)(1) of this section. 2. Irrigation ditches, laterals, canals, sloughs and drains may be left open when used as a water amenity or linear open space, as defined in section 11-1A-1 of this title. See also subsection (C)(2) of this section. 3. Except as allowed above, all other irrigation ditches, laterals, sloughs or canals, intersecting, crossing or lying within the area being developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual drainage facility is located on an adjoining property. a. The decision-making body may waive the requirement for covering such ditch, lateral, canal, slough or drain, if it finds that the public purpose requiring such will not be served and public safety can be preserved. C. Fencing. 1. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. 2. Ditches, laterals, canals, sloughs and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the Director that said ditch, lateral, canal, sloughs or drain serves as or will be improved as a part of the development, to be a water amenity or linear open space. If designed as a water amenity, cEonstruction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. 3. Except as allowed above, all other open irrigation ditches, laterals, canals, sloughs and drains shall be fenced with an open vision fence at least six (6) feet in height and having an 11-gauge, two (2) inch mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal, slough or drain, which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or both sides of said ditch, lateral, canal, slough or drain. D. Improvements. Improvements related to piping, fencing or any encroachment as outlined in subsections(A), (B), and (C) of this section requires written approval from the appropriate irrigation or drainage entity. E. Easements. In Residential Districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of twenty feet (20') wide and outside of a fenced area, unless wed otherwise waived by City Council at a PHI91iG he-,ring With n tiee + RdiRg r Fty eWReFT Section 4. That Meridian City Code Section 11-513-7C.3, Unified Development Code, be amended as follows: MAY,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—H 2021-0001 PAGE 3 OF 5 Page 346 Item#19. 3. The City Council shall not consider amendments to the land use map of the adopted comprehensive plan more than twice per calendar year. The application deadlines for amendments to the land use map component of the comprehensive plan shall be June 15 and December 15 of every year. Section 5. That Meridian City Code Section 11-6C-3D, Unified Development Code, be amended as follows: D. Common Driveways 1. Maximum Dwelling Units Served: Common driveways shall serve a maximum of fours�(46) dwelling units. In no case shall more than three (3) dwelling units be located on one side of the driveway. 2. Width standards: Common driveways shall be a minimum of twenty (20) feet in width unless a greater width is required by the City Engineer. All common driveways shall be on a common lot. 3. Maximum length. Common driveways shall be a maximum of one hundred fifty (150) feet in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards. Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment. 5. Abutting properties. All properties that abut a common driveway shall take access from the driveway; however, if an abutting property has the required minimum street frontage, that property is not required to take access from the common driveway. In this situation, the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five-foot wide landscaped buffer planted with shrubs, lawn or other vegetative groundcover. 6. Turning radius. Common driveways shall be straight or provide a twenty-eight-foot inside and forty-eight-foot outside turning radius. 7. Depictions. For any plats using a common driveway, the setbacks, fencing, building envelope, landscaping and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. 8. Easement. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. MAY,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—H 2021-0001 PAGE 4 OF 5 Page 347 Item#19. 9. Alternative compliance. The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this section and shall not be detrimental to the public health, safety, and welfare. Section 6. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 7. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 15th day of June, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 15th day of June, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk MAY,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—H 2021-0001 PAGE 5 OF 5 Page 347 Item #19. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I. C. § 50 -901 (A) CITY OF MERIDIAN ORDINANCE NO . 214932 An Ordinance Amending Meridian City Code as Codified at Title 11 , Pertaining To Specific Use Standards In The Old Town District in Chapter 2 ; Ditches, Laterals, Canals Or Drainage Courses in Chapter 3 ; Comprehensive Map Amendments in Chapter 5 ; And Common Driveway Standards in Chapter 6 ; And Providing for a Waiver of the Reading Rules ; And Providing an Effective Date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall become effective upon the passage and publication . City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading. 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 214932 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 . 21 - 1932 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 15th day of June, 2021 . J(000e William . L.M. Nary City Attorney MAY, 2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2O21 -0001 Page 348 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: EXECUTIVE SESSION Page 4