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HomeMy WebLinkAbout2022-09-27 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 27, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilwoman Liz Strader ADOPTION OF AGENDA Adopted as Amended (Item 32 vacated) CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the September 6, 2022 City Council Work Session 2. Approve Minutes of the September 6, 2022 City Council Regular Meeting 3. Approve Minutes of the September 13, 2022 City Council Work Session 4. Approve Minutes of the September 13, 2022 City Council Regular Meeting 5. Frontline Subdivision Private Road Full Release of Sanitary Sewer and Water Main Easement 6. McLinder Subdivision Full Release of Sanitary Sewer and Water Main Easement 7. Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 8. Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 1 9. Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 2 10. Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 1 11. Village Apartments Sanitary Sewer and Water Main Easement No. 1 12. Winco Wells No. 1 Sanitary Sewer and Water Main Easement 13. Final Plat for Aegean Estates Subdivision No. 4 (FP-2022-0030) by Engineering Solutions, LLP, located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd. 14. Final Plat for Pollard Subdivision No. 1 (FP-2022-0023) by Brighton Development, Inc, located on the north side of W. Chinden Blvd./US 20-26, midway between State Highway 16 and N. Black Cat Rd. 15. Final Plat for TM Creek No. 6 (FP-2022-0024) by Brighton Development, Inc., generally located on the south side of W. Franklin Rd., 1/4 mile east of S. Ten Mile Rd. 16. Final Order for Summertown Subdivision (FP-2022-0018) by Kent Brown Planning Services, located at the southeast corner of N. Venable Ln. and W. Ustick Rd. 17. Findings of Fact, Conclusions of Law for Denial of Regency at River Valley Phase 3 (H-2022-0057) by Bach Homes, Located at 2480, 3270, and 3280 E. River Valley St. 18. Findings of Fact, Conclusions of Law for Shops at Victory (H-2022-0060) by WL Victory Crossings, LLC, located at 3300 S. Eagle Rd. 19. Findings of Fact, Conclusions of Law for Torino Locust Grove Subdivision (H-2022- 0038) by Jeremy Rausch, Located at 870 S. Locust Grove Rd. 20. Findings of Fact, Conclusions of Law for Torino Locust Grove Subdivision (SHP- 2022-0008) by Jeremy Rausch, located at 870 S. Locust Grove Rd. 21. First Amendment to Recipient Agreement Between City of Meridian and American Legion Post 113 for Fiscal Year 2022 Neighborhood Grant Funds 22. Approval of Construction Contract for the Sewer Main Replacement (Five Mile Trunk Relief) E. Broadway – NE 3rd to NE 6th Project to Mountain Companies, LLC for the Not-To-Exceed amount of $795,220.00 23. First Amendment to Recipient Agreement Between City of Meridian and Meridian Co-Op of Gardeners for Fiscal Year 2022 Neighborhood Grant Funds 24. Future Installation Agreement for Eight (8) Streetlights Along S. Locust Grove Frontage for the Property of Apex SE Subdivisions No. 1 and No. 2 for Smith Brighton Inc. 25. Future Installation Agreement for Eight (8) Streetlights Along Chinden Blvd. Frontage for the Property of Modern Craftsman for Baron Property Services LLC 26. Development Agreements for Black Cat Industrial Project (H-2021-0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, and 955 S. Black Cat Rd. and Parcel S1216131860 27. Development Agreement (Brightstar Overland aka Dorado Subdivision MDA H- 2022-0044) Between the City of Meridian and Kimball Properties Ltd Partnership (Owner) and Alturas Capital Partners (Developer) for Property Located at 2940 E. Overland Rd. 28. City of Meridian Financial Report - August 2022 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 29. Resolution No. 22-2345: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Hannah Scoville to the Meridian Arts Commission; James Leckie to the Meridian Solid Waste Advisory Commission; Hoyoon Song to the Meridian Transportation Commission; Elliot (Elle) Hood to the Parks and Recreation Commission; and Reappointing John Keller to the Meridian Historic Preservation Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 30. Public Works: Request from Kimberly Grove for Connection to City Sewer Services Outside City Limits at 2727 E. Magic View Dr. Approved Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 31. Human Resources: Recommended Change to City Standard Operating Policy 2.8: Introductory Period of Employment Approved Resolution 22-2346 Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 32. Mayor's Office: Housing Assistance Grant Program Recommendations Vacated EXECUTIVE SESSION Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 33. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated In to executive session: 4:47 p.m. Out of executive session: 5:15 p.m. ADJOURNMENT 5:15 p.m. Meridian City Council Work Session September 27, 2022. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, September 27, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault and Brad Hoaglun. Members Absent: Liz Strader. Also present: Chris Johnson, Bill Nary, Kyle Radek, Crystal Ritchie, Scott Colaianni, Kenny Bowers and Dean Willis. 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 Simison: Council, we will call the meeting to order. For the record it is September 27th, 2022, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: For our agenda this evening we are going to pull Item No. 32, the Housing Assistance Grant program recommendations, because some more information is needed on some things that just came to light today. So, we are pulling Item No. 32. So, with that, Mr. Mayor, I move adoption of the agenda as amended. Borton: Second. Simison: I have a motion and a second to adopt the agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted as submitted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] Meridian City Council Work Session September 27,2022 Page 2 of 12 1. Approve Minutes of the September 6, 2022 City Council Work Session 2. Approve Minutes of the September 6, 2022 City Council Regular Meeting 3. Approve Minutes of the September 13, 2022 City Council Work Session 4. Approve Minutes of the September 13, 2022 City Council Regular Meeting 5. Frontline Subdivision Private Road Full Release of Sanitary Sewer and Water Main Easement 6. McLinder Subdivision Full Release of Sanitary Sewer and Water Main Easement 7. Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 8. Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 1 9. Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 2 10. Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 1 11. Village Apartments Sanitary Sewer and Water Main Easement No. 1 12. Winco Wells No. 1 Sanitary Sewer and Water Main Easement 13. Final Plat for Aegean Estates Subdivision No. 4 (FP-2022-0030) by Engineering Solutions, LLP, located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd. 14. Final Plat for Pollard Subdivision No. 1 (FP-2022-0023) by Brighton Development, Inc, located on the north side of W. Chinden Blvd./US 20-26, midway between State Highway 16 and N. Black Cat Rd. 15. Final Plat for TM Creek No. 6 (FP-2022-0024) by Brighton Development, Inc., generally located on the south side of W. Franklin Rd., 1/4 mile east of S. Ten Mile Rd. Meridian City Council Work Session September 27,2022 Page 3 of 12 16. Final Order for Summertown Subdivision (FP-2022-0018) by Kent Brown Planning Services, located at the southeast corner of N. Venable Ln. and W. Ustick Rd. 17. Findings of Fact, Conclusions of Law for Denial of Regency at River Valley Phase 3 (H-2022-0057) by Bach Homes, Located at 2480, 3270, and 3280 E. River Valley St. 18. Findings of Fact, Conclusions of Law for Shops at Victory (H-2022- 0060) by WL Victory Crossings, LLC, located at 3300 S. Eagle Rd. 19. Findings of Fact, Conclusions of Law for Torino Locust Grove Subdivision (H-2022-0038) by Jeremy Rausch, Located at 870 S. Locust Grove Rd. 20. Findings of Fact, Conclusions of Law for Torino Locust Grove Subdivision (SHP-2022-0008) by Jeremy Rausch, located at 870 S. Locust Grove Rd. 21. First Amendment to Recipient Agreement Between City of Meridian and American Legion Post 113 for Fiscal Year 2022 Neighborhood Grant Funds 22. Approval of Construction Contract for the Sewer Main Replacement (Five Mile Trunk Relief) E. Broadway— NE 3rd to NE 6th Project to Mountain Companies, LLC for the Not-To-Exceed amount of $795,220.00 23. First Amendment to Recipient Agreement Between City of Meridian and Meridian Co-Op of Gardeners for Fiscal Year 2022 Neighborhood Grant Funds 24. Future Installation Agreement for Eight (8) Streetlights Along S. Locust Grove Frontage for the Property of Apex SE Subdivisions No. 1 and No. 2 for Smith Brighton Inc. 25. Future Installation Agreement for Eight (8) Streetlights Along Chinden Blvd. Frontage for the Property of Modern Craftsman for Baron Property Services LLC 26. Development Agreements for Black Cat Industrial Project (H-2021- 0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, and 955 S. Black Cat Rd. and Parcel S1216131860 27. Development Agreement (Brightstar Overland aka Dorado Subdivision MDA H-2022-0044) Between the City of Meridian and Meridian City Council Work Session September 27,2022 Page 4 of 12 Kimball Properties Ltd Partnership (Owner) and Alturas Capital Partners (Developer) for Property Located at 2940 E. Overland Rd. 28. City of Meridian Financial Report -August 2022 Simison: Next item up is the Consent Agenda. Borton: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 29. Resolution No. 22-2345: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Hannah Scoville to the Meridian Arts Commission; James Leckie to the Meridian Solid Waste Advisory Commission; Hoyoon Song to the Meridian Transportation Commission; Elliot (Elie) Hood to the Parks and Recreation Commission; and Reappointing John Keller to the Meridian Historic Preservation Commission; and Providing an Effective Date Simison: So, we will move right into Department/Commission Reports. Council, the first item up is Resolution No. 22-2345, a resolution appointing members -- our youth members to our commissions. Like -- like many years when you go out and solicit people to serve sometimes it seems like they all want to go on the same one, sometimes, you know, it's -- it's kind of hard and I think this year was one of those years where we -- we did have some -- you know, a lot of interest in similar commissions, but ultimately I think it works out pretty well based upon some of the conversations that were had with the applicants and some of their interests. So, for first and foremost you have a -- a reappointment for John Keller to continue to serve on HPC. Second up we have Hannah Scoville. Hannah is a musician and the panel was impressed by her storytelling Meridian City Council Work Session September 27,2022 Page 5 of 12 capabilities and her desire to stay open to all forms of expression, so she is recommended for the Arts Commission. Next up is James Leckie. You may recognize the Leckie name. We have had a Leckie serve on a commission before. It's just a brother and he -- he expressed interest in a -- in a couple, but, ultimately, SWAC -- you know, he really was -- he was open to where ever his talents could be utilized best and to learn about city operations and so SWAC is -- was the recommendation from there. Another one was Hoyoon Song and, ultimately, it was a recommendation for the Transportation Commission. He had an interest and open to learning about all things, but he was really interested in mass transit and how Meridian handles their program and issues related to that. So, we thought that that might be a great way and we have a new line that's coming online -- new bus line starting up this week. I imagine part of what they are going to be doing is looking -- keeping an eye on that over the next year. So, be good to have the youth perspective on that as we look at its future. And -- and, then, our last one, who is the one here in the audience today, Elliot Hood or Elle. She -- you all may be familiar with her family and if you have not met Elle before, she's -- she's a great individual and the recommendation was for her to go on -- onto parks. Arts was what perhaps she was most interested in. There is a lot of arts in parks and that's I think a good connection that can be made, but, ultimately, you know, we have Director Siddoway right there that I know will value her input from that regard. So, Council, that is the recommendation that's before you and either myself or Mr. Miles are happy to answer any questions you may have. Okay. Councilman Hoaglun. Hoaglun: Mr. Mayor, it sounds like a great group and appreciate you doing this. I would move approval of Resolution No. 22-2345 appointing Hannah Scoville to the Meridian Arts Commission, James Leckie to the Meridian Solid Waste Advisory Commission, Hoyoon Song to the Meridian Transportation Commission and Elliot (Elle) Hood to the Parks and Recreation Committee -- Commission and reappointing John Keller to the Meridian Historic Preservation Commission. Borton: Second. Simison: I have a motion and a second. Is there discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Since we do have one person present -- Elle, would -- would you like to come up and make any comments? Okay. She's -- she's going to save them for her openings at the Parks and Rec Commission from that standpoint. So, thank you for being here. Appreciate it. Meridian City Council Work Session September 27,2022 Page 6 of 12 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I just want to dovetail on that a little bit. Elle, thanks for being here and for taking the time to serve. The work that you are doing on the Commission is really important. It plays a big role in helping us make good decisions for the parks long term. It will have a lasting impact on the families and folks that live in our community young and old. So, there is lots of things you can do with your time and you are going to give a little bit to the city and we really appreciate it, so -- and -- and coming here today to be appointed we appreciate that, too. So, welcome aboard. 30. Public Works: Request from Kimberly Grove for Connection to City Sewer Services Outside City Limits at 2727 E. Magic View Dr. Simison: Thank you, Councilman Borton. With that we will move on to Item 30, which is from our Public Works Department and request for Kimberly Grove for connection to sewer -- city sewer services and I will turn this over to Mr. Radek. Radek: Mr. Mayor, Council Members, this is a request from Kimberly Grove for a connection to city sewer services outside the city limits at 2727 East Magic View Drive and I put a map up on the screen showing you where that is. We are proceeding with -- with this request according to the -- the code that was recently revised for a parcel that wants to hook up to either city water or sewer and does not want to develop. It's hooking up for a -- I think the term is an exigent circumstance. In this particular circumstance the -- the septic system for the property has failed. They want to take this opportunity to hook up to city sewer services and our -- our code directs us to work with the property owner and agree and pursue an agreement where they would hook up to city water and city sewer and annex if those things are available. In this case the annexation and this -- and the water service are also available. So, that's what we are recommending in this situation. The property owner is not available to come and talk to you today. However, her contractor, who is representing her, is available to answer any questions you might have about the situation. So, with that I would turn it over to you for any questions you have. Simison: Thank you, Kyle. Council, questions for Mr. Radek or would you like to hear any comments from the contractor? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Kyle -- and this is I think maybe where my confusion lies. They want to connect to services, but not annex in or they want to annex in and take services, obviously, as well? Meridian City Council Work Session September 27,2022 Page 7 of 12 Radek: Mr. Mayor, Member -- Member Cavener, they are in full agreement of taking water, in addition to sewer, and annexing. But they are not proposing any development of their property. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A question for you or Mr. Nary. This seems -- wouldn't they just come in for an annexation, then, into the city, as opposed to this request for services and an annexation? This -- maybe I'm missing a step here and I just -- Nary: Mr. Mayor, Members of the Council, so the -- I guess the -- the question here we -- if you recall we passed an ordinance a while back for this very narrow circumstance when they are wanting services -- and we had a recent discussion with a property on Highway 69 that the Council direction on that one was no -- no service until annexing, because you are already annexable. In this situation, again, the subject system has failed, so they don't have any working services currently, although the contractor could probably answer that. I don't recall if someone's living in the house and I guess that would be the question. If no one's living there, then, they could certainly begin the development process. We would have to figure out a zone. It would probably be an R-2 zone or something like that. But, yeah, I think the concerns I think -- I have talked with planning about are the future needs. But, again, there is not a logic to putting in a sidewalk right now. There is not a lot of logic without more development of this. But they are wanting the services. Cavener: Okay. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: As part of this type of request would we be -- would we need to commit to what that future -- that it would be -- they consent to annex, that we would state now that they should at least initially apply as an R-2, kind of like almost a holding zone? Nary: Yes. So, Mr. Mayor, Members of the Council, Council Member Borton, I believe -- I don't have the agreement in front of me. Ms. Kane from my office prepares these agreements. I think she wrote 60 days to begin the application process. So, really, the intent of these -- of this type of application is get the services hooked up and, then, begin the process of annexing behind it versus in front of it, just so the house has service. Borton: Okay. Meridian City Council Work Session September 27,2022 Page 8 of 12 Simison: Council, any additional questions? And I -- there is no actual process -- do we need to do a motion or anything before -- or will the agreement set that in place, followed by the annexation after that? Nary: Yes. Mr. Mayor, Members of the Council, I think the direction we just need today is can they move forward and, then, the agreement will have to get signed. You will have approval of that and, then, everything else will fall after that. Am I missing something, Kyle? Radek: Yeah. That's my understanding is this --this is we are asking Council for approval to move forward with an agreement. Simison: Councilman Borton. Borton: With that I move that we approve the request for the connection to city sewer services outside city limits as presented in today's hearing, understanding that a written agreement with the terms and specifics will be brought back for Council approval. Cavener: Second. Simison: I have a motion and a second. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is agreed to. Thank you, Kyle. MOTION CARRIED: FIVE AYES. ONE ABSENT. 31. Human Resources: Recommended Change to City Standard Operating Policy 2.8: Introductory Period of Employment Simison: Next up is Human Resources Department for recommended changes to City Standard Operating Policy 2.8. Turn this over to Ms. Richie and -- Ritchie: Good afternoon, Council. Thank you, Mayor. The numbers provided to you on behalf of the Police Department, we are requesting that we make a change to Procedure 2.8 and the policy for introductory period of employment. Currently the CSOs have a one year -- excuse me -- a six month introductory period of employment with the training that comes along with that position. Once the employee has moved through the training process it really only leaves the department approximately two months to really evaluate the CSO in the position to determine whether or not it's a good job fit, suitable for the position, they have received the training that they need. So, the department has asked to shift that from a six month introductory period of employment to 12 months. I'm here to answer any questions you have in regards to the process change and I have asked Captain Colaianni to join me in case you have any operational questions. Simison: Thank you. Captain? Meridian City Council Work Session September 27,2022 Page 9 of 12 Colaianni: Just --just --just to kind of follow up and build off of that. So, for those of you that were here in 2019 we went to a community service officer program internally and what that was was a professional non-sworn position that is attached to the patrol division and they take a lot of the priority ones property damage accidents, the lower level stuff that allows the officers to handle the priority calls, the priority twos and threes. What that does for us is we can generally fill these positions quicker, they are cheaper to train and they are cheaper to deploy. Police officers are expensive and this program has been a wild success. I think we are up to six of them now and we couldn't imagine going without them. Having said all that, there is a lot of training and equipment that goes into these positions and it takes almost five months to train a fully equipped CSO into the position, which leaves us very little time to review their ability to do the job at the minimal acceptable standards that we would want and so what we are asking is to move it from six months to a year. That gives us more time to evaluate if they are a good fit in the position for that slot and it will also allow us to grow these -- these -- these applicants further into their career. We have had two or three of them leave the CSO and become police officers. So, as they grow and do that that's kind of a built-in application process for us for police officer positions. As they come open we are hiring people within. So, that's a good thing, too. So, that's all we are looking at doing. By the time they go through all their training we just need a little bit more time to evaluate them to make sure they are the right fit for our organization. Simison: And, captain, I assume that this would apply to new; is that right? It's not retroactive for anyone that's been currently hired? Colaianni: Mayor, great question. No. So, we would -- if you approve this tonight we will change the job description and, then, next time we post it it will apply to those new people coming through the process. This is not retroactive. The people that were hired are currently hired under this job description in the six months. Simison: Thank you. Council, any additional questions for -- Nary: Mr. Mayor? Simison: Mr. Nary. Nary: One more add. So, this list was -- is listed as an action item. There is a resolution attached to your agenda with the -- with the proposed changed policy. So, if the Council is of a mindset you can approve it tonight if you wish or if you want to put it on a future meeting that's -- you are just -- whichever you desire. Simison: Thank you, Mr. Nary. Council, any questions? Okay. Thank you very much. Colaianni: Thank you. Simison: Do I have a preferred action from Council? Is it attached -- it's not -- it's not listed on the agenda. Meridian City Council Work Session September 27,2022 Page 10 of 12 Nary: Mr. Mayor, it's not listed on the agenda, but the attachment is in -- on the agenda that's online. So, it is -- it has been publicly noticed, so -- Borton: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I got the agenda. It is online. However, I don't have a number on that. 22 dash -- and, then, that is blank, so I -- Johnson: Mr. Mayor, I can assign a number right now if we would like to. Simison: Do you have a preference? Hoaglun: Yeah. I -- I think we can move forward with this. It's -- it's pretty straightforward. I think we are in agreement with it. So, I don't have any issues, unless a Council Member does want to wait, but I -- I think we can move forward with a number. Simison: Then, Mr. Clerk, what's our number? Johnson: Mr. Mayor, that number is going to be 22-2346. Hoaglun: Thank you. So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move to approve City Resolution No. 22-2346 to change the Standard Operating Policy 2.8, which is the introductory period of employment, so -- Borton- Second. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and Item 22-2346 is approved. Thank you very much.. MOTION CARRIED: FIVE AYES. ONE ABSENT. 32. Mayor's Office: Housing Assistance Grant Program Recommendations Simison: Item 32 was removed from the agenda. Meridian City Council Work Session September 27,2022 Page 11 of 12 EXECUTIVE SESSION 33. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated Simison: So, we are on to Item 33. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(1)(f). Borton: Second. Simison: I have a motion and a second. Is there discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and we will move to Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (4.47 p.m. to 5:15 p.m.) Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we come out of Executive Session. Borton: Second. Simison: I have a motion and a second to come out of Executive Session. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it. We are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session September 27,2022 Page 12 of 12 Hoaglun: I move we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-11-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 6, 2022 City Council Work Session Meridian City Council Work Session September 6,2022 Page 23 of 23 Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 27 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 6, 2022 City Council Regular Meeting Meridian City Council September 6,2022 Page 55 of 55 Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 8:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 27 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 13, 2022 City Council Work Session Meridian City Council Work Session September 13,2022 Page 11 of 11 Borton: Mr. Mayor, I do have one question. It's follow up to Council Woman Strader's and maybe in the next couple weeks if you are able to provide that comparison from those concerned with growth and those respondents concerned with planning and zoning services and -- and see where they overlap and also maybe note on your map, which -- if you have the data that shows the location of each respondent I'm curious where folks might be concerned on one of those topics, but not the other and where they reside. If there is some region in our community that's more concerned than others with the manner in which we provide the service versus growth related concerns that would be great. Morado: Yeah. Absolutely. We can definitely do that. I believe we have maps for those questions already, but we also can -- can compare those two results. Absolutely. Simison: And just so Council is aware, we talked about this a little bit at the director meeting today. Dave's going to be leaving the team, but we are pulling people from Finance, from Public Works who really know data, so that we can do some of the self selection ourselves that help identify just these exact issues that you are referring to a little bit more deeper. We only got that information in pdf form, so we will have to try to get a little bit, you know, sortable data that we could do some of the -- this ourselves. So, we will be working with them on that. These are -- the -- the numbers do suggest we -- we really need to have a good understanding to have a good conversation and potentially if there is anything the Council wants to do on any of these issues moving forward to be able to make informed direction at that time. Thank you. Morado: Thanks, everyone. Simison: Mr. Hoaglun. Borton: Mr. Mayor, I move that we adjourn our work session. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 27 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 13, 2022 City Council Regular Meeting Meridian City Council September 13,2022 Page 13 of 13 Hoaglun: Move to adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed Nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) g / 27 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Frontline Subdivision Private Road Full Release of Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-082502 BOISE IDAHO Pgs=3 CHE FOWLER 09/28/2022 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE EST-2022-0236 Frontline Subdivision Private Road FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: SCS Brighton II LLC&SCS Investments LLC, INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated _Febru _ 1 , 2022 and recorded as Instrument Number 2022-011569 i the recor s of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation,over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described,with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 27th day of September 20 22 CITY OF MERIDIAN Robert E. Simison,Mayor ynl `s by ri nson, Y erl, STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-27-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Uha&YcWa�' C HARLE N E WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 km E N G I N E E R I N G August 31,2022 Project No.20-208 City of Meridian Water Easement Release Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement Release over a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14,thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 964.46 feet; Thence leaving said northerly line,S00°46'48"W a distance of 435.29 feet to POINT OF BEGINNING 1. Thence S00°46'48"W a distance of 20.00 feet; Thence N89°13'12"W a distance of 37,11 feet; Thence N00°46'48"E a distance of 20.00 feet to a point hereinafter referred to as"POINTA"; Thence S89°13'12"E a distance of 37.11 feet to POINT OF BEGINNING 1. Said parcel contains 742 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as"POI NTA",thence S86°23'01"W a distance of 390.11 feet to POINT OF BEGINNING 2. Thence S00°46'48"W a distance of 37.46 feet; Thence N89°13'12"W a distance of 20.00 feet; Thence N00°46'48"E a distance of 37.46 feet; Thence S89°13'12"E a distance of 20.00 feet to POINT OF BEGINNING 2. Said parcel contains 749 square feet,more or less. Said description contains a total of 1,491 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit Band by this reference is made a part hereof. NpL LAND� L�CENS60 G� 0 16662 of << Y KE�R II�2. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmenglip.com P:\20.208\CAD\SURVEY\EXHIBITS\20.208 WATER EASEMENT RELEASE.DWG,KOBE ZIMNIERMAN,8/31/2022,DWG TO PDF.PC3,08.5X11 L(PDF] m r � � m III z (nZ - p m O O Z= o I I �� �� L7 z 0 — � z 0I I rl Ir C) z z I M m 0 C 0 L5 N m I z Z Z y > rl -1 Z r p Z I r- Z r Z m Z m c - rTI Z -K II n Crl Ln A co (D CO c O I I �+I N O_ � IO I PRop I ? No I L3 rn o Cn rn z � CO I CD W c Ln S00'46'48"W 435.29' (TIE) m O ao L1 � - - - - - - co 1 LnIND � cn �_ co o C4 z O c�z C� � !y z-1 C+ I !Z z O z� � Ir Z a J M cnn -P1 C4 N Z O rn ;0 to Z Z Ul N Z Z 0 = LSO O O 0 O Ln I D .I 0 Z Ln M I C C.I O) C� c (� (T }7 00 N 0�0 N W N N c M O o � � N CA N L4 C,J N L4 N in O -A O J V O J O D - - - O 41 O � O f O Z Linder Road N O M O M O O m W N rn U1 v o = a > rn Z Exhibit B m m imZ() M 3?6°- City of Meridian Water Easement Release = z �m=-0rn 0 o cm > a A G) Situated in a portion of the Northwest 114 of the Northeast 1/4 of Section 14, C D z o Township 3 North, Range 1 West, B.M.,City of Meridian, Ada County, Idaho c� m N E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: McLinder Subdivision Full Release of Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-082461 BOISE IDAHO Pgs=l BONNIE OBERBILLIG 09/28/2022 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0241 McLinder Subdivision FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Easement GRANTEE: CITY OF MERIDIAN GRANTOR: TS Development LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated September 23 , 2014 and recorded as Instrument Number 2014-077984 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 27th day of September 20 22 CITY OF MERIDIAN Robert E. Si Ma C4 1, IDIAN SEAL Attest by C is Johnson,�,- X_P<rh' STATE OF IDAHO, : ss. County of Ada This record was acknowledged before me on 9-27-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY Ch &ycWo_q COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO Version 01/01/2020 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 ADA COUNTY RECORDER Phil McGrane 2022-082462 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 09/28/2022 08:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0242 Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 SANI"I'A�21' S�WEI2 AND WATER 'LAIN �°�1S �IEN�' THIS Easement Agreement, made this 27th day of September, 2022 between West Valley Medical Center, Inc. ("Gr-antor44) 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 E) 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 axed Water Mam Easement REV.01/01/2020 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 tight-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: WEST VALLEY MEDICAL CENT . INC. B : Nicholas L. Paul,Vice President STATE OF TENNESSEE ) ) ss County of Davidson ) This record was acknowledged before me on Sept. ,2022 (date) by NicholasL.Paul (name of individual), [complete the following If signing in a representative capacity, of sti'lke the follobt'lllg if signing in all individual capacity] on behalf of West Valley Medical Center,Inc. (name of entity on behalf of whom record was executed), in the following representative capacity:vice President (type of authority such as officer or trustee) (sta ' STATE �co L_/A O F r Q :TENNESSEE: _ otar'y Signature Anne-Marie Gebel NOTARY pUBLIC.: � My Commission Expires: . St0IN tCOJ\\`' Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-27-2022 Attest by Chris Johnson,City Clerk 9-27-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 9-27-2022 (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: 3-28-2028 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 krn E N G I N E E R I N G August 22,2022 Project No.21-099 Prescott Ridge Subdivision No.1 City of Meridian Sewer and Water Easement(N.Rustic Oak Way) Legal Description Exhibit A Parcels of land for a sewer and water easement being a portion of Lots 18&19, Block 1,of Peregrine Heights Subdivision(Book 68 of Plats at Page 7026-7027,records of Ada County,Idaho)and further situated in the Northeast 1/4 of the Northwest 1/4 of Section 28,Township 4 North, Range 1 West, B.M., City of Meridian, Ada County,Idaho being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 28,which bears S89°27'17"E a distance of 2,609.40 feet from an aluminum cap marking the Northwest corner of said Section 28,thence following the northerly line of said Northeast 1/4 of the Northwest 1/4,N89°27'17"W a distance of 31.66 feet;thence leaving said northerly line,S00°43'55"W a distance of 164.65 feet to POINT OF BEGINNING 1. Thence S89°16'05"E a distance of 26.66 feet to the westerly right-of-way line of North Rustic Oak Way; Thence following said westerly right-of-way line,S00°43'55"W a distance of 30.00feet; Thence leaving said westerly right-of-way line,N89°16'05"W a distance of 26.58 feet to a point hereinafter referred to as Point"A"; Thence N00°34'25"E a distance of 30.00feet to the POINT OF BEGINNING 1. Said parcel contains 799 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence S00°35'20"W a distance of 289.26 feet to POINT OF BEGINNING 2. Thence S89'16'05"E a distance of 25.85 feet to said westerly right-of-way line of North Rustic Oak Way; Thence following said westerly right-of-way line,S00°43'55"W a distance of 30.00 feet; Thence leaving said westerly right-of-way line,N89°16'05"W a distance of 25.77 feet to a point hereinafter referred to as Point"B"; Thence N00°34'25"E a distance of 30.00 feet to POINT OF BEGINNING 2. Said parcel contains774squarefeet,more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"B",thence S01°33'36"W a distance of 377.24 feet to POINT OF BEGINNING 3. Thence S89°25'31"E a distance of 29.50 feet to said westerly right-of-way line of North Rustic Oak Way; Thence following said westerly right-of-way line,S00°34'29"W a distance of 30.00 feet; Thence leaving said westerly right-of-way line,N89°25'31"W a distance of 29.50 feet; Thence N00°34'22"E a distance of 30.00 feet to POINT OF BEGINNING 3. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com Said parcel contains 885 square feet, more or less. Said descriptions contain a total of 2,458 square feet, more or less,and subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 51��AL I�h'd w� 4 � 124 90 .y9�ON OF L. A�yA4.p PAGE 12 -------------------- ,I IIII111.� --- ------ - --- :_- - \ /- �. I FULMER LUCAS II WEST VALLEY ER- - MERIDIAN WESTVALLEYER- 417 � MEPogAN —I I I SM SWEST CHIDEN BLVD. — �' ERIpAN.IDAHO E]61E r � -- r ' I I I r >rt 1 EAVM6 LEDFND LANDECAEE LEGEND __ I/ i w-ura x r _.___—__ EASEMENT It EXHIBIT Exhibit A POINT OF COMMENCEMENT 20 21 BASIS OF BEARING NORTH 1/4 CORNER SECTION 28 S89'27'17"E 260 .4� 0' FOUND ALUMINUM CAP 29 2$ 2577,74'^ 31.66' NORTHWEST CORNER w SECTION 28 FOUND ALUMINUM CAP W. Chinden Blvd. Hwy (20/26) 3 o in :n LINE TABLE 0 o LINE BEARING DISTANCE In L1 S89'16'05"E 26.66 L2 500'43'55"W 30.00 P.O.B. 1 L1 I^ — L3 N89'16'05"W 26.58 nJ o rD L4 N00'34'25"E 30.00 d I N II POINT "A" �I J L5 S89'16'05"E 25.85 0 0 L3 L6 S00'43'55"W 30.00 S00'35'20"W L7 N89'16'05"W 25.77 289-26'(TIE) L8 NOO'34'25"E 30.00 West Valley Medical Center, Inc. L9 S89'25'31"E 29.50 C o R6991222360& P.O.B. 2 L10 500'34'29"W 30.00 " R6991222205 L5 L1 1 N89'25'31"W 29.50 W -J -i L12 N00'34'22"E 30.00 N LEGEND 77 { ALUMINUM CAP POINT n ❑ CALCULATED POINT PROPOSED WESTERLY R.O.W. BOUNDARY LINE OF N. RUSTIC OAK WAY a ——--————— EASEMENT LINE S01'33'36"W — — — — SECTION LINE 377.24'(TIE)� > PROPOSED P.O.B. 3 Y v RIGHT—OF—WAY LINE L9 O o NI _o o L V a L1 1 Z 4 E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY w BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement kmengtpxom Prescott Ridge Subdivision No. 1 DATE August 2022 s PROJECT; 21099 SHEET: A Portion Of the Northeast 1/4 of the Northwest 1/4 of Section 28, 1 OF 1 T4N., R1W., B.M., City of Meridian, Ada County, Idaho 26.66 s89°16'05"e u 3 �n O O n89°16'05"u• 26.58 Title: p.p.g. 1 Date: 08-22-2022 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.018 Acres: 799 Sq Feet:Closure=n88 2820e 0.00 Feet: Precision=1/38977: Perimeter=113 Feet 001=s89.1605e 26.66 003==i89.1605w 26.58 002=s00.4355w 30.00 004=n00.3425e 30.00 25.85 s89'16'05"e u 3 N O N N C v C c M o p M M O O C. n89°16'05"", 25.77 Title: P.O.B. 2 Date: 08-22-2022 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.018 Acres: 774 Sq Feet:Closure=n88.2820e 0.00 Feet: Precision=1/38420: Perimeter= 112 Feet 00 1=s89.1605e 25.85 003=n89.1605w 25.77 002=s00.4355w 30.00 004=n00.3425e 30.00 29.50 s89°25'31"e °1 3 N O N N 8 V O O C O n89°25'31"w 29.50 Title: P.O.B. 3 Date: 08-22-2022 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.020 Acres: 885 Sq Feet:Closure=s89.2534e 0.00 Feet: Precision=1/116883: Perimeter= 119 Feet 001=s89.2531 e 29.50 003=n89.2531 w 29.50 002=s00.3429w 30.00 004=n00.3422e 30.00 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-082499 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 09/28/2022 09:12 AM CITY OF MERIDIAN, IDAHO NO FEE �ESMT-2022-0232 Treasure Valley Hospital Silverstone CamPLIS Sanitary Sewer and Water Main Easement No 1 THIS Easement Agreement, made thiS27th day of September 2022 between Treasure VMley Hospital Uniited Partnership ("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. rr IS EXPRESKY 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 tro undertaking such repairs and maititenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this eascment that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 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: STATE OF _ ) ss County of i4fSOR) This record was acknowledged before me on _R 7 7'0 22 (date) by _La a2lL (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 2eaSuW411eq oS - LQ (name of entity on behalf of whom record was executed), in the following representative capacity:_QFFtCQZ— (type of authority such as officer or trustee) stam REGINA G BIDDINGS —� Notary Public Notai . gnature Alabama State at Large My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-27-2022 Attest by Chris Johnson, City Clerk 9-27-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-27-2022 (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_2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 ���� LEGAL DESCRIPTION THE LAND Page 1 OF 2 GROUP August 4, 2022 Project No.: 121151 EXHIBIT"A" TREASURE VALLEY HOSPITAL-SILVERSTONE CAMPUS SEWER AND WATER EASEMENT DESCRIPTIONS WATER EASEMENT NO. 1 An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763,Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Northwest corner of Parcel "A" of Silverstone Campus Subdivision, as shown on said Record of Survey No. 13322; Thence South 00° 13' 16"West, a distance of 39.30 feet on the westerly boundary of said Parcel "A"to a point of curve; Thence 7.58 feet on the arc of a curve to the right, said curve having a radius of 127.00 feet, a central angle of 03° 25' 08", a chord bearing of South 01' 55' 51" West, and a chord length of 7.58 feet on the westerly boundary of said Parcel "A" to the POINT OF BEGINNING; Thence South 78°39' 00" East, a distance of 15.43 feet; Thence South 11° 21' 00" West, a distance of 20.00 feet; Thence North 78' 39' 00" West, a distance of 14.31 feet to a point of curve on the westerly boundary of said Parcel "A"; Thence 20.05 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 09°02'47", a chord bearing of North 08'09'49" East, and a chord length of 20.03 feet to the POINT OF BEGINNING. TOGETHER WITH: SEWER EASEMENT An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763, Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Parcel "A" of Silverstone Campus Subdivision as shown on said Record of Survey No. 13322 and being on the easterly right of way line of South Jade Street; Thence North 47' 15' 42" East, a distance of 29.72 feet on the westerly boundary of said Parcel "A"to a point of curve; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupine.com August 4, 2022 Page 2 Thence 53.71 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 24° 13' 58", a chord bearing of North 35°08'42" East, and a chord length of 53.31 feet on the westerly boundary of said Parcel "A" to the POINT OF BEGINNING; Thence continuing on said curve, 20.02 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 09°02' 01", a chord bearing of North 18° 30'42" East, and a chord length of 20.00 feet; Thence leaving the westerly boundary of Parcel "A", South 70' 29'40" East, a distance of 12.81 feet; Thence South 19° 30' 20" West, a distance of 20.00 feet; Thence North 70° 29'40" West, a distance of 12.46 feet to the POINT OF BEGINNING. TOGETHER WITH: WATER EASEMENT NO. 2 An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763,Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Northwest corner of said Parcel "A" of said Silverstone Campus Subdivision as shown on said Record of Survey No. 13322 and being on the easterly right of way line of South Jade Street; Thence South 89' 13' 46" East, a distance of 358.84 feet on the northerly boundary of said Parcel "A"; Thence South 00°46' 14" West, a distance of 67.15 feet on the north-south boundary line; Thence South 89° 13' 46" East, a distance of 284.50 feet on the northerly boundary line; Thence leaving the northerly boundary line, South 00'46' 14" East, a distance of 5.00 feet to a point of curve, said point being the POINT OF BEGINNING; Thence 13.86 feet on the arc of a curve to the left, said curve having a radius of 322.00 feet, a central angle of 02' 27' 58", a chord bearing of South 01°25' 18" West, and a chord length of 13.86 feet; Thence South 00' 11' 21" West, a distance of 0.51 feet; Thence South 45' 16' 06" West, a distance of 36.63 feet; Thence North 89' 13'46" West, a distance of 175.47 feet; Thence South 00'46' 14" West, a distance of 79.45 feet; Thence North 89° 13'46" West, a distance of 20.00 feet; Thence North 00'46' 14" East, a distance of 99.45 feet; Thence South 89' 13'46" East, a distance of 187.09 feet; Thence North 45' 16' 06" East, a distance of 28.74 feet; Thence South 89' 13'46" East, a distance of 14.07 feet to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. �o�A STE F� James R. Washburn 880 8-4-2022 `PT `Zq Site Planning• Landscape Architecture•Civil Engineering•Surveying �q�,gTE DF 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc. WA�r'" FiieLocadon: g:\2021V21151\cad\survey\exhibits\12tt5tsewer&water 2207tttlwg Last Plotted 0y:aiex major Date Plotted: Thursday,August a 2022 at t 1:00 AM •S W a W N ay,�a� �r 0 T ���0 cn o w C r K / w o co o Z / O')C? 7— cn S.JADE WAY M O y �r N V V V V Q 1 Q n II o 0 0 0 0 scn r r 1 m A N N ' a r CDN fD N fD W m W N O Ao O N M 3 V N 1 N Y-I r M o c�3 -L� C z = w D CD 70 N o = m cnw r �_ i M y N Z Z Z � W r W oo w m p CD W m N ca o o ci' N a z o ao cD � W N ° 1 CO a A A m yk N N cD D T T T L L18 10 c-) _ 0 1 L161� 41 W O W O Ir'N( m o w o 02 r 1 r m z cn `c:' r I S.TOPAZ WAY r_ CD 00 100 a 9 CD iby NCD o d YY �{ O zO S N O cD O V M Un A W N O frD W v Cris W N r Z m o N pcn z cn z z cn z cn cn cn cn cn cn z 1 W z z W rn cn W 0. cM c°Doo o o c�ro, o o o o co Vo m y o m /�• A N W N W W —` D CD W O W d7 W D) W - W W W W CD O fD Cn co CD W A C� ? 1 ? 1 A O 1 1 1 A A IV A O O p 1 n D� M A C C� OC CW C CA V CA O OC COC O N OC CO O OCCR Z M T T C C C C C C M C M r� C rn rfi C C M C z a ? 1 N y fD N V 1 W N O N N 1 N 1 W z CD N OD � O O O d7 A V N O N cD A O Gi CO N c.n O V A O A 1 O 1 A O QD j O [Ji O Cii 02 V W - G � Cli A W O N W P_ _ O W � O = Treasure Valley Hospital %%= THE 22, City of Meridian LAND Sewer and Water Easement _ GROUP E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 2 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: STATE OFAlRkm(L) ) ss County of.,TV144(500 This record was acknowledged before me on q n ZZ (date) by ,L-21A4 Mar 11-- (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf o Swf¢VWty dfSpihl If (name of entity on behalf of whom record was executed), in the following representative capacity:_ rC�0— (type of authority such as officer or trustee) (stamp) REGINA G BIDDINGS Notary .. � Tna re Notary Public �� 7C Alabama State at Large My Commission Expires:_ �J Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN ------------------- Robert E. Simison, Mayor 9-27-2022 Attest by Chris Johnson, City Clerk 9-27-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 9-27-2022 (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: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 ���� LEGAL DESCRIPTION THE LAND Page 1 OF 2 GROUP August 4, 2022 Project No.: 121151 EXHIBIT"A" TREASURE VALLEY HOSPITAL-SILVERSTONE CAMPUS SEWER AND WATER EASEMENT DESCRIPTIONS WATER EASEMENT NO. 1 An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763,Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Northwest corner of Parcel "A" of Silverstone Campus Subdivision, as shown on said Record of Survey No. 13322; Thence South 00° 13' 16"West, a distance of 39.30 feet on the westerly boundary of said Parcel "A"to a point of curve; Thence 7.58 feet on the arc of a curve to the right, said curve having a radius of 127.00 feet, a central angle of 03° 25' 08", a chord bearing of South 01' 55' 51" West, and a chord length of 7.58 feet on the westerly boundary of said Parcel "A" to the POINT OF BEGINNING; Thence South 78°39' 00" East, a distance of 15.43 feet; Thence South 11° 21' 00" West, a distance of 20.00 feet; Thence North 78' 39' 00" West, a distance of 14.31 feet to a point of curve on the westerly boundary of said Parcel "A"; Thence 20.05 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 09°02'47", a chord bearing of North 08'09'49" East, and a chord length of 20.03 feet to the POINT OF BEGINNING. TOGETHER WITH: SEWER EASEMENT An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763, Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Parcel "A" of Silverstone Campus Subdivision as shown on said Record of Survey No. 13322 and being on the easterly right of way line of South Jade Street; Thence North 47' 15' 42" East, a distance of 29.72 feet on the westerly boundary of said Parcel "A"to a point of curve; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupine.com August 4, 2022 Page 2 Thence 53.71 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 24° 13' 58", a chord bearing of North 35°08'42" East, and a chord length of 53.31 feet on the westerly boundary of said Parcel "A" to the POINT OF BEGINNING; Thence continuing on said curve, 20.02 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 09°02' 01", a chord bearing of North 18° 30'42" East, and a chord length of 20.00 feet; Thence leaving the westerly boundary of Parcel "A", South 70' 29'40" East, a distance of 12.81 feet; Thence South 19° 30' 20" West, a distance of 20.00 feet; Thence North 70° 29'40" West, a distance of 12.46 feet to the POINT OF BEGINNING. TOGETHER WITH: WATER EASEMENT NO. 2 An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763,Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Northwest corner of said Parcel "A" of said Silverstone Campus Subdivision as shown on said Record of Survey No. 13322 and being on the easterly right of way line of South Jade Street; Thence South 89' 13' 46" East, a distance of 358.84 feet on the northerly boundary of said Parcel "A"; Thence South 00°46' 14" West, a distance of 67.15 feet on the north-south boundary line; Thence South 89° 13' 46" East, a distance of 284.50 feet on the northerly boundary line; Thence leaving the northerly boundary line, South 00'46' 14" East, a distance of 5.00 feet to a point of curve, said point being the POINT OF BEGINNING; Thence 13.86 feet on the arc of a curve to the left, said curve having a radius of 322.00 feet, a central angle of 02' 27' 58", a chord bearing of South 01°25' 18" West, and a chord length of 13.86 feet; Thence South 00' 11' 21" West, a distance of 0.51 feet; Thence South 45' 16' 06" West, a distance of 36.63 feet; Thence North 89' 13'46" West, a distance of 175.47 feet; Thence South 00'46' 14" West, a distance of 79.45 feet; Thence North 89° 13'46" West, a distance of 20.00 feet; Thence North 00'46' 14" East, a distance of 99.45 feet; Thence South 89' 13'46" East, a distance of 187.09 feet; Thence North 45' 16' 06" East, a distance of 28.74 feet; Thence South 89' 13'46" East, a distance of 14.07 feet to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. �o�A STE F� James R. Washburn 880 8-4-2022 `PT `Zq Site Planning• Landscape Architecture•Civil Engineering•Surveying �q�,gTE DF 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc. WA�r'" FiieLocadon: g:\2021V21151\cad\survey\exhibits\12tt5tsewer&water 2207tttlwg Last Plotted 0y:aiex major Date Plotted: Thursday,August a 2022 at t 1:00 AM •S W a W N ay,�a� �r 0 T ���0 cn o w C r K / w o co o Z / O')C? 7— cn S.JADE WAY M O y �r N V V V V Q 1 Q n II o 0 0 0 0 scn r r 1 m A N N ' a r CDN fD N fD W m W N O Ao O N M 3 V N 1 N Y-I r M o c�3 -L� C z = w D CD 70 N o = m cnw r �_ i M y N Z Z Z � W r W oo w m p CD W m N ca o o ci' N a z o ao cD � W N ° 1 CO a A A m yk N N cD D T T T L L18 10 c-) _ 0 1 L161� 41 W O W O Ir'N( m o w o 02 r 1 r m z cn `c:' r I S.TOPAZ WAY r_ CD 00 100 a 9 CD iby NCD o d YY �{ O zO S N O cD O V M Un A W N O frD W v Cris W N r Z m o N pcn z cn z z cn z cn cn cn cn cn cn z 1 W z z W rn cn W 0. cM c°Doo o o c�ro, o o o o co Vo m y o m /�• A N W N W W —` D CD W O W d7 W D) W - W W W W CD O fD Cn co CD W A C� ? 1 ? 1 A O 1 1 1 A A IV A O O p 1 n D� M A C C� OC CW C CA V CA O OC COC O N OC CO O OCCR Z M T T C C C C C C M C M r� C rn rfi C C M C z a ? 1 N y fD N V 1 W N O N N 1 N 1 W z CD N OD � O O O d7 A V N O N cD A O Gi CO N c.n O V A O A 1 O 1 A O QD j O [Ji O Cii 02 V W - G � Cli A W O N W P_ _ O W � O = Treasure Valley Hospital %%= THE 22, City of Meridian LAND Sewer and Water Easement _ GROUP E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-082498 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 09/28/2022 09:12 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0211 Treasure Valley Hospital Silverstone Campus Sanitary Sewer and Water Main Easement THIS Easement Agreement.. made this27thday of September 20 22 between Treasure Valley Hospital Limited Partnership ("Grantor") and the City of Meridian, an Idaho ----------- Municipal Corporation ("Grantee"), EREAS, 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 13) 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.0 1 JO 1/2020 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: STATE OF AIAby .) ) ss County offe111rr j$oq) Thisl record was acknowledged before me on R V 2-2— (date) by J aM M aY't4--- (name of individual), [complete the following if signing in a representative capacti.', or strike the following if signing in an individual capacity] on behalf of IMASUfa Y a,(k� ! dipiW L f(name of entit on behalf of whom record was executed), in the following representative capacity:�aw (:6a— (type of authority such as officer or trustee) (stamp) REGINA G BIDDINGS Notar hats re Notary Public ' �t �j2Cj' Alabama State at Large My Commission Expires:, Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-27-2022 Attest by Chris Johnson, City Clerk 9-27-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-27-2022 (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: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 ���� LEGAL DESCRIPTION THE LAND Page 1 OF 2 GROUP August 4, 2022 Project No.: 121151 EXHIBIT"A" TREASURE VALLEY HOSPITAL-SILVERSTONE CAMPUS SEWER AND WATER EASEMENT DESCRIPTIONS WATER EASEMENT NO. 1 An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763,Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Northwest corner of Parcel "A" of Silverstone Campus Subdivision, as shown on said Record of Survey No. 13322; Thence South 00° 13' 16"West, a distance of 39.30 feet on the westerly boundary of said Parcel "A"to a point of curve; Thence 7.58 feet on the arc of a curve to the right, said curve having a radius of 127.00 feet, a central angle of 03° 25' 08", a chord bearing of South 01' 55' 51" West, and a chord length of 7.58 feet on the westerly boundary of said Parcel "A" to the POINT OF BEGINNING; Thence South 78°39' 00" East, a distance of 15.43 feet; Thence South 11° 21' 00" West, a distance of 20.00 feet; Thence North 78' 39' 00" West, a distance of 14.31 feet to a point of curve on the westerly boundary of said Parcel "A"; Thence 20.05 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 09°02'47", a chord bearing of North 08'09'49" East, and a chord length of 20.03 feet to the POINT OF BEGINNING. TOGETHER WITH: SEWER EASEMENT An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763, Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Parcel "A" of Silverstone Campus Subdivision as shown on said Record of Survey No. 13322 and being on the easterly right of way line of South Jade Street; Thence North 47' 15' 42" East, a distance of 29.72 feet on the westerly boundary of said Parcel "A"to a point of curve; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupine.com August 4, 2022 Page 2 Thence 53.71 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 24° 13' 58", a chord bearing of North 35°08'42" East, and a chord length of 53.31 feet on the westerly boundary of said Parcel "A" to the POINT OF BEGINNING; Thence continuing on said curve, 20.02 feet on the arc of a curve to the left, said curve having a radius of 127.00 feet, a central angle of 09°02' 01", a chord bearing of North 18° 30'42" East, and a chord length of 20.00 feet; Thence leaving the westerly boundary of Parcel "A", South 70' 29'40" East, a distance of 12.81 feet; Thence South 19° 30' 20" West, a distance of 20.00 feet; Thence North 70° 29'40" West, a distance of 12.46 feet to the POINT OF BEGINNING. TOGETHER WITH: WATER EASEMENT NO. 2 An easement located in Parcel "A" of Silverstone Campus Subdivision, as same is shown on the Record of Survey No. 13322, Instrument No. 2022-022763,Ada County Records, being located in the East Half of the Northwest Quarter of Section 21,Township 3, North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, being more particularly described as follows: Commencing at the Northwest corner of said Parcel "A" of said Silverstone Campus Subdivision as shown on said Record of Survey No. 13322 and being on the easterly right of way line of South Jade Street; Thence South 89' 13' 46" East, a distance of 358.84 feet on the northerly boundary of said Parcel "A"; Thence South 00°46' 14" West, a distance of 67.15 feet on the north-south boundary line; Thence South 89° 13' 46" East, a distance of 284.50 feet on the northerly boundary line; Thence leaving the northerly boundary line, South 00'46' 14" East, a distance of 5.00 feet to a point of curve, said point being the POINT OF BEGINNING; Thence 13.86 feet on the arc of a curve to the left, said curve having a radius of 322.00 feet, a central angle of 02' 27' 58", a chord bearing of South 01°25' 18" West, and a chord length of 13.86 feet; Thence South 00' 11' 21" West, a distance of 0.51 feet; Thence South 45' 16' 06" West, a distance of 36.63 feet; Thence North 89' 13'46" West, a distance of 175.47 feet; Thence South 00'46' 14" West, a distance of 79.45 feet; Thence North 89° 13'46" West, a distance of 20.00 feet; Thence North 00'46' 14" East, a distance of 99.45 feet; Thence South 89' 13'46" East, a distance of 187.09 feet; Thence North 45' 16' 06" East, a distance of 28.74 feet; Thence South 89' 13'46" East, a distance of 14.07 feet to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. �o�A STE F� James R. Washburn 880 8-4-2022 `PT `Zq Site Planning• Landscape Architecture•Civil Engineering•Surveying �q�,gTE DF 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc. WA�r'" FiieLocadon: g:\2021V21151\cad\survey\exhibits\12tt5tsewer&water 2207tttlwg Last Plotted 0y:aiex major Date Plotted: Thursday,August a 2022 at t 1:00 AM •S W a W N ay,�a� �r 0 T ���0 cn o w C r K / w o co o Z / O')C? 7— cn S.JADE WAY M O y �r N V V V V Q 1 Q n II o 0 0 0 0 scn r r 1 m A N N ' a r CDN fD N fD W m W N O Ao O N M 3 V N 1 N Y-I r M o c�3 -L� C z = w D CD 70 N o = m cnw r �_ i M y N Z Z Z � W r W oo w m p CD W m N ca o o ci' N a z o ao cD � W N ° 1 CO a A A m yk N N cD D T T T L L18 10 c-) _ 0 1 L161� 41 W O W O Ir'N( m o w o 02 r 1 r m z cn `c:' r I S.TOPAZ WAY r_ CD 00 100 a 9 CD iby NCD o d YY �{ O zO S N O cD O V M Un A W N O frD W v Cris W N r Z m o N pcn z cn z z cn z cn cn cn cn cn cn z 1 W z z W rn cn W 0. cM c°Doo o o c�ro, o o o o co Vo m y o m /�• A N W N W W —` D CD W O W d7 W D) W - W W W W CD O fD Cn co CD W A C� ? 1 ? 1 A O 1 1 1 A A IV A O O p 1 n D� M A C C� OC CW C CA V CA O OC COC O N OC CO O OCCR Z M T T C C C C C C M C M r� C rn rfi C C M C z a ? 1 N y fD N V 1 W N O N N 1 N 1 W z CD N OD � O O O d7 A V N O N cD A O Gi CO N c.n O V A O A 1 O 1 A O QD j O [Ji O Cii 02 V W - G � Cli A W O N W P_ _ O W � O = Treasure Valley Hospital %%= THE 22, City of Meridian LAND Sewer and Water Easement _ GROUP E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Village Apartments Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-082464 BOISE IDAHO Pgs=16 BONNIE OBERBILLIG 09/28/2022 08:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0240 Village Apartments Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made 27 this day of_I — September 20 22 between GF1 Rock Village Apartments, 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.0 1/0 1/2020 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: l vkah STATE OF fHRUO ) ss County of A4 ) w-Vlb-ems Av 251.0 This record was acknowledged before me on (date) by -DtQV- &QSS-fN (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 ( yy k)L\1illclge. MRAt (name of entity on behalf of whom record was executed), in the followi g representative capacity:_MOLM (type of authority such as officer or trustee) (stam MEGAN L. MOSS NOTARY PUBLIC•STATE OF UTAH Not Signature COMMISSION N0. 711657 My Commission Expires: COMM. EXP. 4-23-2024 Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-27-2022 Attest by Chris Johnson, City Clerk 9-27-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-27-2022 (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.0 1/0 1/2020 km E N G I N E E R I N G August 23, 2022 Project No. 17-169 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 4, which bears N00°36'00"E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said Section 4,thence following the westerly line of said Northwest 1/4,S00°36'00"W a distance of 1,391.58 feet; Thence leaving said westerly line,S89°24'00"E a distance of 549.47 feet to the boundary of a parcel of land as described in Quitclaim Deed per Instrument No.2020-083833 and being POINT OF BEGINNING 1. Thence S89°51'07"E a distance of 231.56 feet; Thence N00°36'27"E a distance of 75.18 feet; Thence S89°35'09"E a distance of 187.17 feet; Thence N00°24'51"E a distance of 19.66 feet; Thence S89°35'09"E a distance of 20.00 feet; Thence S00°24'51"W a distance of 39.66 feet; Thence N89°35'09"W a distance of 187.24 feet; Thence S00°36'27"W a distance of 75.09 feet; Thence N89°51'07"W a distance of 27.72 feet; Thence S00*37'59"W a distance of 72.46 feet to a point hereinafter referred to as"POINT A"; Thence S89°25'01"E a distance of 159.90 feet; Thence N00°34'59"E a distance of 19.99 feet; Thence S89°25'01"E a distance of 20.00 feet; Thence S00°34'59"W a distance of 19.99 feet; Thence S89°25'01"E a distance of 113.42 feet; Thence S00°34'59"W a distance of 2.81 feet; Thence S89°25'01"E a distance of 36.33 feet; Thence S00'34'59"W a distance of 20.00 feet; Thence N89°25'01"W a distance of 36.33 feet; Thence S00°34'59"W a distance of 74.89 feet; Thence S44°25'01"E a distance of 62.51 feet; Thence S89°25'01"E a distance of 119.03 feet to a point hereinafter referred to as "POINT B"; Thence S00°34'59"W a distance of 276.86 feet; Thence S89°17'42"E a distance of 44.26 feet to said Quitclaim Deed boundary; Thence following said Quitclaim Deed Boundary,S00°40'39"W a distance of 20.00 feet; Thence leaving said Quitclaim Deed Boundary, N89°17'42"W a distance of 44.22 feet; Thence S00°34'59"W a distance of 39.02 feet; Thence N89°22'03"W a distance of 3.30 feet; Thence S00°37'57"W a distance of 25.37 feet; Thence N89°22'03"W a distance of 20.00 feet; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Thence N00°37'57"E a distance of 25.37 feet; Thence N89°22'03"W a distance of 433.67 feet; Thence S00°37'59"W a distance of 11.00 feet; Thence N89°21'38"W a distance of 94.35 feet; Thence S49°32'47"W a distance of 26.92 feet to an existing Sewer and Water Easement as described per Instrument No. 104048418; Thence following said existing Sewer and Water Easement the following two (2) courses: 1. N39°52'16"W a distance of 62.73 feet; 2. N54°35'26"W a distance of 47.43 feet to a point hereinafter referred to as"POINT C"; Thence leaving said existing Sewer and Water Easement, N00°37'57"E a distance of 502.13 feet,- Thence N89°51'07"W a distance of29.50 feet to said Quitclaim Deed boundary, Thence following said Quitclaim Deed boundary, N00°37'57"E a distance of 20.00 feet to POINT OF BEGINNING 1. Said parcel contains 7.259 acres,more or less. LESS AND EXCEPTING THEREFROM: Commencing at a point previously referred to as"POINTA",thence S00°37'59"W a distance of 20.00 feet to POINT OF BEGINNING 2. Thence S89°25'01"E a distance of 237.82 feet; Thence S00°34'59"W a distance of 13.23 feet; Thence S89°25'01"E a distance of 20.00 feet; Thence N00°34'59"E a distance of 13.23 feet; Thence S89°25'01"E a distance of 15.52 feet; Thence S00°34'59"W a distance of 85.99 feet; Thence S44°25'01"E a distance of 64.93 feet; Thence S45°34'59"W a distance of 71.63 feet; Thence S00°34'59"W a distance of 87.78 feet; Thence N89°22'03"W a distance of4.76 feet; Thence N00°37'57"E a distance of 16.81 feet; Thence N89°22'03"W a distance of 20.00 feet; Thence S00'37'57"W a distance of 16.81 feet; Thence N89°22'03"W a distance of 90.29 feet; Thence N00'37'57"E a distance of 14.50 feet; Thence N89°22'03"W a distance of 20.00 feet; Thence S00'37'57"W a distance of 14.50 feet; Thence N89'22'03"W a distance of 133.79 feet; Thence N00°37'59"E a distance of 270.10 feet to POINT OF BEGINNING 2. Said parcel contains 1.714 acres, more or less. ALSO LESS AND EXCEPTING THEREFROM: PAGE 2 Commencing at a point previously referred to as"POINT B",thence S45°34'59"W a distance of 28.28 feet to POINT OF BEGINNING 3. Thence S00°34'59"W a distance of 147.38 feet; Thence N89°25'01"W a distance of 13.06 feet; Thence S00°34'59"W a distance of 23.28 feet; Thence S89°25'01"E a distance of 13.06 feet; Thence S00°34'59"W a distance of 125.21 feet Thence N89°22'03"W a distance of 298.65 feet; Thence N00°37'57"E a distance of 14.00 feet; Thence N89°22'03"W a distance of 26.81 feet; Thence S00°37'57"W a distance of 14.00 feet; Thence N89°22'03"W a distance of 111.49 feet; Thence N00°37'59"E a distance of 147.29 feet; Thence S89°22'03"E a distance of 288.86 feet; Thence N00°34'59"E a distance of 99.51 feet; Thence N45°34'59"E a distance of 69.20 feet; Thence S89°25'01"E a distance of 99.03 feet to POINT OF BEGINNING 3. Said parcel contains 1.939 acres,more or less. ALSO LESS AND EXCEPTING THEREFROM: Commencing at a point previously referred to as"POINT C",thence following said existing Sewer and Water Easement as described per Instrument No. 104048418,S54°35'26"E a distance of 24.35 feet to POINT OF BEGINNING 4. Thence leaving said existing Sewer and Water Easement, N00°37'57"E a distance of 103.55 feet; Thence S89°22'03"E a distance of 13.40 feet; Thence N00°37'57"E a distance of 26.00 feet; Thence N89°22'03"W a distance of 13.40 feet; Thence N00°37'57"E a distance of211.21 feet; Thence S89°22'03"E a distance of 13.69 feet; Thence N00'37'57"E a distance of 30.00 feet; Thence N89°22'03"W a distance of 13.69 feet; Thence N00°37'57"E a distance of 145.43 feet; Thence S89°51'07"E a distance of 10.61 feet; Thence S00°08'53"W a distance of 24.86 feet; Thence S89°51'07"E a distance of 20.00 feet; Thence N00°08'53"E a distance of 24.86 feet; Thence S89°51'07"E a distance of 123.74 feet; Thence S00°37'59"W a distance of 49.69 feet; Thence N89°22'03"W a distance of 10.00 feet; Thence S00°37'59"W a distance of 480.99 feet; Thence N89°21'38"W a distance of 120.21 feet; Thence S68°48'36"W a distance of 4.15 feet to said existing Sewer and Water Easement; Thence following said existing Sewer and Water Easement the following two(2) courses: PAGE 3 1. N39°52'16"W a distance of 2.03 feet; 2. N54°35'26"W a distance of 23.08 feet to POINT OF BEGINNING 4. Said parcel contains 1.736 acres,more or less. Said description contains a total of 1.870 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. (�Npl. 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M W FZ O ,p 6� Or U � O � O o N O O G 3 � 00 vl n K � O W O O 16 12 n89°22'03"w n89°22'03"w - 133.79 90.29 J Title: Date: 08-23-2022 Scale: 1 inch = 50 feet File: Tract 1: 1.714 Acres: 74684 Sq Feet: Closure=n72.0607e 0.00 Feet: Precision=1/635395: Perimeter=1212 Feet 001=s8925Ole 237.82 008=s45.3459w 71.63 015=n00.3757e 14.50 002=s00.3459w 13.23 009=s00.3459w 87.78 0 1 6=n89.2203w 20.00 003=s89.2501e 20.00 010=n89.2203w 4.76 017=s00.3757w 14.50 004=n00.3459e 13.23 011=n00.3757e 16.81 0 1 8=n89.2203w 133.79 005=s89.250le 15.52 012=n89.2203w 20.00 019=n00.3759e 270.10 006=s00.3459w 85.99 013=s00.3757w 16.81 007=s44.2501 e 64.93 014=n89.2203w 90.29 99.03 s89°25'01"e 5� Off` 3 � M d M � � O '7 O\ 0 O O C 288.86 s89°22'03"e d u O � O � N o N O n89°22'03"w n89°22'03"w 111.49 298.65 Title: Date: 08-23-2022 Scale: 1 inch= 80 feet File: Tract 1: 1.939 Acres: 84448 Sq Feet:Closure=n01.2927w 0.01 Feet: Precision=1/142299: Perimeter= 1491 Feet 001=s00.3459w 147.38 007=n00.3757e 14.00 013=n00.3459e 99.51 002=n89.2501w 13.06 008=n89.2203w 26.81 014=n45.3459e 69.20 003=s00.3459w 23.28 009=s00.3757w 14.00 015=s89.2501e 99.03 004=s89.2501e 13.06 010=n89.2203w 111.49 005=s00.3459w 125.21 011=n00.3759e 147.29 006=n89.2203w 298.65 012=s89.2203e 288.86 123.74 0 s89°51'07"e 12 Y 16• M o ^ O O C A 6 U N � r O O, N O O CD M y °O 7 4 U lry � M C` O p O O n89'21'3 8"w 120.21 Title: Date: 08-23-2022 Scale: 1 inch = 80 feet File: Tract 1: 1.736 Acres: 75617 Sq Feet:Closure=n08.3522w 0.01 Feet: Precision=1/283470: Perimeter= 1465 Feet 001=n00.3757e 103.55 009=n00.3757e 145.43 017=s00.3759w 480.99 002=s89.2203e 13.40 010=s89.5107e 10.61 018=n89.2138w 120.21 003=n00.3757e 26.00 011=s00.0853w 24.86 019=s68.4836w 4.15 004=n89.2203w 13.40 012=s89.5107e 20.00 020=n39.5216w 2.03 005=n00.3757e 211.21 013=n00.0853e 24.86 021=n54.3526w 23.08 006=s89.2203e 13.69 014=s89.5107e 123.74 007=n00.3757e 30.00 015=s00.3759w 49.69 008=n89.2203w 13.69 016=n89.2203w 10.00 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Winco Wells No. 1 Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-082532 BOISE IDAHO Pgs=9 VICTORIA BAILEY 09/28/2022 10:11 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0227 Winco Wells No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 27tbiay ofSeptember 2022 between Me overland,Lac ("Grantor")and the City of Meridian, an Idaho Municipal Corporation("Grantee"1, 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 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: STATE OF MOA40 ) L4jCWk0-V—) ss County of Ads ) // This record was acknowledged before me on Q 9/d Q Z027— (date) by _RjAct,% (name of individual), [complete the following if signing in a representative apacity, or strike the following if signing in an individual capacity] on behalf of -A6 ✓��Tamil , LL.(- (name of entity on behalf of whom record was executed), in the following representative capacity: nQ er- (type of authority such as officer or trustee) (stamp) ELLEN H.RILEY..............._ Notary Public-State of Nevada £ Notary Signature i Appointment Recorded lnwashoeCounty ; My Commission Expires: f No®8 a 2i�uuuTiiroe Oololwr;6,2 5 l Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-27-2022 Attest by Chris Johnson, City Clerk 9-27-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-27-2022 (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: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 � LEGAL DESCRIPTION r �� �� T H E Page 1 OF 5 LAND GROUP August 22, 2022 Exhibit A Project No.: 120124 SEWER/WATER EASEMENT WINCO WELLS SUBDIVISION No.1 MD OVERLAND WELLS, LLC EASEMENT PERIMETER An easement located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant); thence on the south line of said Section 17, North 89°46'00" East, 755.11 feet;thence leaving said south line, North 00°14'00" West, 119.08 feet,to the POINT OF BEGINNING of EASEMENT PERIMETER: Thence North 44' 35' 55" West, 39.30 feet; Thence North 00' 24' 05" East, 295.71 feet,to Point A; Thence North 89' 35' 55" West, 36.00 feet; Thence North 00' 24' 05" East, 30.00 feet; Thence South 89°35' 55" East, 36.00 feet; Thence North 00' 24' 05" East, 292.42 feet; Thence North 89' 35' 55" West, 25.17 feet; Thence North 00' 24' 05" East, 6.00 feet; Thence South 89°35' 55" East, 25.17 feet; Thence North 00' 24' 05" East, 358.51 feet; Thence North 84°01' 00" West, 36.17 feet; Thence North 00' 24' 05" East, 20.10 feet; Thence South 84°01' 00" East, 51.90 feet; Thence South 80°05' 30" East, 63.69 feet; Thence South 80°05' 30" East, 71.57 feet; Thence South 75°41' 21" East, 135.28 feet; Thence South 71° 25'40" East, 111.49 feet; Thence South 67°08' 27" East, 133.27 feet; Thence South 67°08' 27" East, 34.27 feet; Thence South 22°08' 27" East, 15.12 feet; Thence South 00' 24' 05" West, 234.57 feet; Thence South 89'35' 55" East, 44.52 feet; Thence South 00' 24' 05" West, 6.00 feet; Thence North 89' 35' 55" West,44.52 feet; Thence South 00' 24' 05" West, 250.33 feet; Thence South 89'35' 55" East, 7.00 feet; Thence South 00' 24' 05" West, 8.00 feet; Thence North 89' 35' 55" West, 7.00 feet; Thence South 00' 24' 05" West, 7.50 feet; Thence South 89°35' 55" East, 51.04 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupine.com August 22, 2022 Page 2 Thence South 00°08' 32" East, 20.00 feet; Thence North 89' 35' 55" West, 51.23 feet,to Point B; Thence South 00° 24' 05" West, 325.14 feet; Thence South 45° 24' 05" West, 13.94 feet; Thence North 89' 35' 55" West, 146.63 feet; Thence South 00° 24' 05" West, 53.06 feet; Thence South 89°46' 00" West, 6.00 feet; Thence North 00' 24' 05" East, 53.13 feet; Thence North 89' 35' 55" West, 105.98 feet; Thence North 89°35'55" West, 250.68 feet to the POINT OF BEGINNING of EASEMENT PERIMETER. EXPECTING THEREFROM EXCLUSION AREA-1 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point A,thence South 89°35'55" East, 20.00 feet,to the POINT OF BEGINNING of EXCLUSION AREA-1: Thence South 89°35' 55" East, 238.47 feet; Thence South 00° 24' 05" West, 68.12 feet; Thence North 89' 35' 55" West, 32.00 feet; Thence South 00° 24' 05" West, 10.00 feet; Thence South 89°35' 55" East, 32.00 feet; Thence South 00° 24' 05" West, 172.38 feet; Thence South 89°35' 55" East, 10.00 feet; Thence South 00° 24' 05" West, 53.00 feet; Thence North 89' 35' 55" West, 232.40 feet; Thence North 44' 35' 55" West, 22.73 feet; Thence North 00' 24' 05" East, 52.05 feet; Thence South 89°35' 55" East, 30.26 feet; Thence North 00' 24' 05" East, 10.00 feet; Thence North 89' 35' 55" West, 30.27 feet; Thence North 00' 24' 05" East, 225.38 feet to the POINT OF BEGINNING of EXCLUSION AREA-1. FURTHER EXPECTING THEREFROM EXCLUSION AREA-2 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: AV Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com August 22, 2022 Page 3 COMMENCING at aforementioned Point A, thence North 45°24'04" East 28.28 feet, to the POINT OF BEGINNING of EXCLUSION AREA-2: Thence North 00' 24' 05" East, 243.37 feet; Thence South 89°35' 55" East, 34.00 feet; Thence North 00' 24' 05" East, 10.00 feet; Thence North 89' 35' 55" West, 34.00 feet; Thence North 00' 24' 05" East, 57.63 feet; Thence South 89°35' 55" East, 35.75 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 35.75 feet; Thence North 00° 24' 05" East, 91.65 feet; Thence South 89°35' 55" East, 30.32 feet; Thence North 00° 24' 05" East, 10.00 feet; Thence North 89° 35' 55" West, 30.32 feet; Thence North 00' 24' 05" East, 223.47 feet; Thence South 89°35' 55" East, 19.31 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 19.31 feet; Thence North 00' 24' 05" East, 12.36 feet; Thence South 80°05' 30" East, 126.74 feet; Thence South 75°41' 21" East, 127.20 feet; Thence South 00° 24' 05" West, 25.58 feet; Thence North 89' 35' 55" West, 10.00 feet; Thence South 00° 24' 05" West, 6.99 feet; Thence North 89' 35' 55" West, 27.50 feet; Thence South 00° 24' 05" West, 10.00 feet; Thence South 89°35' 55" East, 27.50 feet; Thence South 00° 24' 05" West, 261.15 feet; Thence North 89' 35' 55" West, 13.16 feet; Thence South 00° 24' 05" West, 8.00 feet; Thence South 89°35' 55" East, 13.16 feet; Thence South 00° 24' 05" West, 173.76 feet; Thence North 89' 35' 55" West, 6.99 feet; Thence South 00° 24' 05" West, 8.00 feet; Thence South 89°35' 55" East, 6.99 feet; Thence South 00' 24' 05" West, 35.88 feet; Thence North 89' 35' 55" West, 28.52 feet; Thence South 00' 24' 05" West, 10.00 feet; Thence South 89'35' 55" East, 28.52 feet; Thence South 00' 24' 05" West, 73.61 feet; Thence North 89' 35' 55" West, 207.27 feet; Thence North 00' 24' 05" East, 15.50 feet; Thence North 89' 35' 55" West, 8.00 feet; Thence South 00' 24' 05" West, 15.50 feet; Thence North 89' 35' 55" West, 23.20 feet to the POINT OF BEGINNING of EXCLUSION AREA-2. AV Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com August 22, 2022 Page 4 FURTHER EXPECTING THEREFROM EXCLUSION AREA-3 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point B, thence North 66°34'23" West 21.73 feet, to the POINT OF BEGINNING of EXCLUSION AREA-3: Thence North 89° 35' 55" West, 238.47 feet; Thence North 00° 24' 05" East, 118.21 feet; Thence South 89°35' 55" East, 15.00 feet; Thence North 00° 24' 05" East, 6.00 feet; Thence North 89' 35' 55" West, 15.00 feet; Thence North 00' 24' 05" East, 153.75 feet; Thence South 89°35' 55" East, 24.80 feet; Thence North 00' 24' 05" East, 10.00 feet; Thence North 89' 35' 55" West, 24.80 feet; Thence North 00' 24' 05" East, 295.54 feet; Thence South 89°35' 55" East, 15.51 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 15.51 feet; Thence North 00' 24' 05" East, 15.42 feet; Thence South 71° 25'40" East, 95.66 feet; Thence South 67°08' 27" East, 132.45 feet; Thence South 22°51' 33" West, 10.64 feet; Thence South 67°08' 27" East, 8.00 feet; Thence North 22' 51' 33" East, 10.64 feet; Thence South 67°08' 27" East, 18.05 feet; Thence South 22°08' 27" East, 2.85 feet; Thence South 00° 24' 05" West, 50.52 feet; Thence North 89' 35' 55" West, 39.01 feet; Thence South 00° 24' 05" West, 10.00 feet; Thence South 89°35' 55" East, 39.01 feet; Thence South 00' 24' 05" West, 232.53 feet; Thence North 89' 35' 55" West, 35.50 feet; Thence South 00' 24' 05" West, 6.00 feet; Thence South 89'35' 55" East, 35.50 feet; Thence South 00' 24' 05" West, 214.86 feet to the POINT OF BEGINNING of EXCLUSION AREA-3. FURTHER EXPECTING THEREFROM AV Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com August 22, 2022 Page 5 EXCLUSION AREA-4 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point B, thence South 60°30'09" West 23.07 feet, to the POINT OF BEGINNING of EXCLUSION AREA-4: Thence South 00° 24' 05" West, 225.39 feet; Thence North 89' 35' 55" West, 38.00 feet; Thence South 00° 24' 05" West, 10.00 feet; Thence South 89°35' 55" East, 38.00 feet; Thence South 00° 24' 05" West, 68.11 feet; Thence North 89° 35' 55" West, 13.95 feet; Thence North 00° 24' 05" East, 12.57 feet; Thence North 89' 35' 55" West, 8.00 feet; Thence South 00° 24' 05" West, 12.57 feet; Thence North 89' 35' 55" West, 117.54 feet; Thence North 89' 35' 55" West, 98.98 feet; Thence North 00' 24' 05" East, 8.25 feet; Thence South 89°35' 55" East, 8.17 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 8.17 feet; Thence North 00' 24' 05" East, 215.61 feet; Thence South 89°35' 55" East, 24.82 feet; Thence North 00' 24' 05" East, 10.00 feet; Thence North 89' 35' 55" West, 24.82 feet; Thence North 00' 24' 05" East, 25.84 feet; Thence South 89°35' 55" East, 2.00 feet; Thence North 00' 24' 05" East, 8.00 feet; Thence North 89' 35' 55" West, 2.00 feet; Thence North 00' 24' 05" East, 27.79 feet; Thence South 89°35' 55" East, 238.47 feet to the POINT OF BEGINNING of EXCLUSION AREA-4. The above-described easement contains 103,453 Ft2(2.37 Acres) more or less. Prepared by: NL LA The Land Group, Inc. tiO��GEIN Michael S. Femenia, PLS 0- 5 4 reOF � 4s 06/22/2022 Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com W N y y CD CO) oW3O CDCD CD I t S w, V,1 CL --- CD y CD y o _ a y ta> !� OFF d R A 34`033p°E 519p'SBNg53ryE g CD � � a 8 � S � a � a � s ewe � � y/�.11�js�s.zr•E 33szo- `_esE`s�__ � e � ,�.f me � w � v 1 is m — a r v o' 8 1F v r f Z zz oI 3h15'>PE 95 5 m m �Fv Ls N � •e � $ w � � NI �I � $ C a 'c $ re 8 a m ` 8 `-'- 'c �s n CI IV 3» 9 rn O = Le ^€ L53 1 r/ LL13 i 8 g 8 C ag 8 $ $ s� t, m r I N $ m W 5 s BSBS � 8a 8FIR o rg to ts m gl v m 9 9 5 1 m m r $ < ° Q Nye -L52 0 a N; m 5 $ 8 $ b e 8, & $ c gf• 3555W 20]2T N39°3fi55W 233.dT 1�1Ta,I L2 539°3555'E 23B.d]• � � � ' a 3\ $ SBB°3555��E 23B 4T m 4 TT Lt W$ V $ a m m c s Lso Ltoz .a Il1 2324tl $ N-5—117.5d' a ag as T '5W 356.fi5 NBe°3555W tde.e3• a 5{M 9 RM1V NW IVW RM1N�� MN N RM1V 2W W15' R]Md EAST OVERLAND ROAD G g etl , Sewer/ Water Easement1. o a City of Meridian 2700 East Ovedand Road O=m 4 tl n Mendian,Idaho 83642 G E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Final Plat for Aegean Estates Subdivision No. 4 (FP-2022-0030) by Engineering Solutions, LLP, located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd. STAFF REPORT c-Z�� El� I � COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/27/2022 Legend R74 DATE: Prnoct Loraiar !-1S TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 R-$-11 SUBJECT: FP-2022-0030 Aegean Estates No. 4 RUT LOCATION: Generally located on the east side of N. McDermott Rd., approximately 1/3 mile south of W. McMillan Rd.,in the NW RUT 1/4 of Section 33,TAN.,R.1W. ' I. PROJECT DESCRIPTION Final plat consisting of 40 buildable lots and 6 common lots on 9.92 acres of land in the R-4 and R-8 zoning districts for the fourth phase of Aegean Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Shari Stiles, Engineering Solutions,LLP— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0114)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots is the same and the amount of common open space increased. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 IV.DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 7/31/2017) - N-- gals •NoT a¢r z a]rcrs °P,��,n_io ho-o um a S-T SE-1 •SEE S,EEi]OT]Fpfr �. I RUT B. Final Plat(dated: 7/26/22) PLAT SHOWING 800K. 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IY N' MM.t4 PASS i TINE TAIIIE IllE iAelE VE TA9E rfE i.AB1E %EET a� SxfiAlfe M9P WJfU-� fNpp61NEERiNG �Trarm I OF 3 SOLIITI�AIS',,,r Immw,owo Page 3 C. Landscape Plan(dated: 08/16/2022) T .-- _ -----j--•'-i-i� %.Nr 41 a � •�� 11 �5 — iF 5 M rlCP ' • -.—.i 1 T t H•J�S - . ri ' I i. 1, 4 � � � _ �- � r•�.:L':�-� � it yy + '' � J! i..... "fl I I' =R.. w L■r � r���,p � i ey s �Ru� a ..*--a n�,rvo�•�-, c f? ww-,nn,wcr rx1 = r A s� —,t.1 -a ZZ !1, �y �h , ,rn VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2017-116562) and preliminary plat(H-2017-0114) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 7/26/2022, included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the existing ACHD permanent easement in the Legend. b. Note#12: Include the recorded instrument number of the temporary ACHD License Agreement. c. Note#13: Include the recorded instrument number of the NMID license agreement. d. Include the Book and Page numbers of the Aegean Estates Subdivision No. 3 plat. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 08/16/2022, included in Section V.C, shall be revised as follows: a. Include the fencing type shown along the east side of Lots 12 and 20,Block 5 in the Plant Schedule. 6. If 2-story homes are constructed on Lots 29-37,Block 3,they will be highly visible from N. McDermott Rd., an arterial street. Therefore,the rear elevations of 2-story homes shall incorporate articulation through changes in two or more of the following: material type, projections,recesses, step-backs,bays,banding,pop-outs,porches,balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. 7. The Five Mile Creek feeder/McFadden Drain shall remain open and not be piped or otherwise covered,and shall be protected during construction. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Page 5 B. Public Works Site Specific Conditions: 1. Dead end water main at the south end of Delphi Ave must end in a fire hydrant rather than blow off. 2. Provide the following streetlight numbers on streetlight plan: 56090, 56091, 56093, 56094, 56095, 56096. 3. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 4. Ensure no sewer services pass through infiltration trenches. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of 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 V 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. Page 7 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. 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. E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Final Plat for Pollard Subdivision No. 1 (FP-2022-0023) by Brighton Development, Inc, located on the north side of W. Chinden Blvd./US 20-26, midway between State Highway 16 and N. Black Cat Rd. STAFF REPORT C�I w1 �� COMMUNITY DEVELOPMENT DEPARTMENT ' DATE: 9/27/2022 legend TO: City Councils FROM: Sonya Allen,Associate Planner 208-884-5533 � RUT _ SUBJECT: FP-2022-00231 $ Pollard Subdivision No. 1 M1 R-,15 PROPERTY LOCATION: P 700 S. Wayfinder Ave., in the NW 1/4 of � Section 14,T.3N., R.1W. RUT R_: ^ UT y, R_ R-.B R. R- R'. R;8 R'8 ' R- A, R- I. PROJECT DESCRIPTION Final plat consisting of 11 building lots and 1 common lot on 51.56 acres of land in the C-G zoning district for the first phase of Pollard Subdivision. II. APPLICANT INFORMATION A. Applicant Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: Michael Hall, SCS Investments,LLC—855 W. Broad Street, Ste. 300,Boise,ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2019-0021) as required by UDC 11-6B-3C.2. The proposed final plat depicts 15 fewer buildable lots than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required by UDC 11-613-3C. Note: The Applicant confirmed the existing right-of-way and easements depicted on the preliminary plat have been vacated. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/10/2019) POLLARD SUBDIVISION PRELIMINARY PLAT 1 A PARCEL OF LAND SITUATED 1N A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 — AND THE SOUTHWEST 1/4 OF THE SOUTHEAST V4 OF Y+j SECTION 21,TOWNSHIP 4 NORTH,RANGE 1 WEST,SOLSE MERIDIAN,ADA COUNTY,:DAHOMr yd 1 RVT _5 S ILdEXO PAEIlM1UAY PLAT 6Cix 6e d� ue w fi L 0 W ee ® 3 IR R Q eg 19 a®-e S Is Fb 0 e ® us ""' _ _ '�-,• RUT &5&e Ig 0® @ 00 6®000e ® 711RHYf111TIPOEN61E5 ram'�� @@11 W ® @IDECtli�RA1'l111M L @ m @ p q p 47 I➢ R•B T uNxwvn un xnTxs Aws�Tmwl O [J O atu 49 R3 Ca p e � 1� O 0 @ W 411GN IAT 14 A G!LEI RILI0.W F POLLARD SUBDAVISLON �n![1 �� IG.110 u mta[.y PP1.0 Page 2 B. Final Plat(dated: 7/19/22) FLAT OF POLLARD SUBDIV010N No,1 RNJM Of IANDgmm aTrA Immm IFF ncl TRKAST 3ACM Tn SmfwmT IN AMFM V011^NJ61 V l W THE I LW.I'M. ;M 17 WNW^r4«T,Ipr.IP I I Mk ..�.r a. IF F1 1111 IfW iren+erl l.I� WTMAV rr1eT}T I ..rwwt. 11JJV 5}YAT•1.91 airdC%t- IIYi,'MT EI,I JIL4'k I nb Ilv ly' J� �� ad"Im tRi114'#-L I Tom!' II ass �p Qr.��.yip' I L- 1 -------------- I -- ------• . - ' —I+FP_,_ _�_� '� ___ _—_ I•oT I,fl T¢a� rria#I�M711r �,r� li"I+lill i # I 'I+Rc'+'w!•� �xd �{ ww.Lf wJwNfR IV nF yell1 w 'MIS w11�.ilC M s+��T� r••' km +r-vNwwr r 0—ft— Ipl- ro-�wll��.c R7wHw.kWc Page 3 r R^": —�Ir•iPk1 ISAT I% ROLLA�p SV601tih514f+wa.1 wf A- T Ls+—�_«z 1 I =r--:r P=- IN LJ ram.. 1919 &"IpNan Corporator FLSTOF ' POLLARD SUBDIVISION Nb.i mow - - Page 4 C. Landscape Plan(dated: 7/19/22) OAZZ 4 } 1 i nsrrua�ira417mFS17sVl *LANDSCAPECOVf31NINE- Womb or AW - wvmarrwu -_ ace=nhkUmmati �ua a Page 5 + mum- mat- FEE 1 ar km k 4 '{a� 4 � jai AWE I I:� Mtn 1'S • Isms-0-1 S .•ram Y 1',_ ' :1` ?mac 007i _PL T Li km Page 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 [annexation/preliminary plat(H-2019-0021),Development Agreement Inst. #2019-060655]. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by June 4,2023 as granted with the time extension(TED-2021-0003); or apply for a time extension, in accord with UDC I I-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on7/19/22 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Depict the required street buffers within a common lot or on a permanent dedicated buffer easement with a note that they will be maintained by the property owner or business owners' association, as applicable,in accord with UDC 11-313-7C.2a. b. Include the recorded instrument number of the ACHD permanent easement graphically depicted on the face of the plat. c. Include the recorded instrument number of the City of Meridian pathway easement graphically depicted on the face of the plat. d. Include a note stating direct lot access via W. Chinden Blvd./SH 2O-26 is prohibited. e. Correct the situate statement on the plat to reflect the correct Section and Township &Range. 5. The landscape plan prepared by KM Engineering, dated 7/19/22 included in Exhibit C, shall be revised as follows: a. If the unimproved street right-of-way along Chinden Blvd. is 10 feet or greater from the edge of pavement to the edge of sidewalk or property line,the developer shall maintain a 10 foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-313-7C.5; depict accordingly on the plan. b. Depict landscaping within the buffer along the eastern boundary of the site adjacent to residential uses in accord with the standards listed in UDC 11-313-9C.1,which requires a mix of evergreen and deciduous trees, shrubs, lawn,or other vegetative groundcover. This landscaping may be installed with individual lot development. 6. Prior to signature on the final plat by the City Engineer, a cross-access easement shall be recorded that provides access to the out-parcel (#SO421438700) at the southeast corner of the site and a driveway shall be provided for access and interconnectivity with the subject property in accord with UDC 11-3A-3A.2 and as set forth in the development agreement (provision #5.1c). A copy of the recorded easement shall be submitted with the application for final plat signature. The driveway may be constructed with development of Lots 4 or 5, whichever is providing the access easement. Page 7 7. Prior to signature on the final plat by the City Engineer,the existing easements and right- of-way (ROW) depicted on the preliminary plat shall be vacated. Proof of vacation shall be submitted with the application for final plat signature. 8. Prior to signature on the final plat by the City Engineer, submit an application for and obtain final approval of the proposed private streets within the development.Private streets shall comply with the standards listed in UDC 11-3F-4. 9. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway within the street buffer along Chinden Blvd./SH-20/26 if the pathway is located outside of ITD's right-of-way; coordinate the details of the easement with Kim Warren,Park's Dept. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Sewer easement widths vary depending on sewer depth. Sewer 0-15 ft deep require a 20 ft easement, 16-20 ft a 30 ft easement. 2. Ensure no sewer services pass through infiltration trenches. 3. A future install agreement for seven (7) streetlights will be required for the development of this property. General Conditions: 4. 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. Sewer main extension is being constructed as part of application LDIR-2022-0031. 5. 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. Water main extension is being constructed as part of application LDIR-2022-0031 6. 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. 7. 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. 8. 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 8 9. 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. Warranty surety will be required under application LDIR-2022-0031. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 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. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 19. 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. 20. 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. 21. 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. Page 9 22. 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 10 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Final Plat for TM Creek No. 6 (FP-2022-0024) by Brighton Development, Inc., generally located on the south side of W. Franklin Rd., 1/4 mile east of S. Ten Mile Rd. STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 9/27/2022 Legend R-IT ��j 0 Project Location TO: Mayor&City Council R=1 FROM: Sonya Allen,Associate Planner R- 1_L 208-884-5533 C-N R 1� RUT SUBJECT: FP-2022-0024 R_1 C-G C=G TM Creek No. 6 R-15 C-C G_G C"G TN-R RUT LOCATION: Northeast corner of S.Wayfinder Ave. RUT G-G TN-R and W. Cobalt Dr., in the NW 1/4 of { R-4. Section 14,T.3N.,R.IW. (Parcel T _C C-G TN-C #S1214212802) -8 RUT C-C H-E R1 I. PROJECT DESCRIPTION Final plat consisting of seven(7)buildable lots on 13.29 acres of land in the C-G zoning district for the sixth phase of TM Creek Subdivision. II. APPLICANT INFORMATION A. Applicant/Representative: Josh Beach,Brighton Development, Inc—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plats for TM Creek(PP-13-030) and TM Center(H-2020-0074)and associated conditions of approval as required by UDC 11-6B-3C.2. There are approximately 5 fewer buildable lots and the same amount of common open space as shown on the approved preliminary plats. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required. Page 14 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plats(TM Creek PP-13-030 &TM Center H-2020-0074) 71. y � sT x�x�H,of wA. x hNu al _ 12 1z4S.1 — ° e.a � � `2 TEN MICE�{tAIN tea-°ter , ^" 1/a ! �BLOCK II I I - a TEN MILE CREEK UR —^+--- BLOCK 3 g°�- �Y + ni e i ®� NOT A PART }(9� F NOT PART ggqF yg UNPIATTEUxE Roxxwaoxr d I KELLER TM CREEK PRELIMINARY PLAT P209047-6 12490 °aa°el°`as BRIGHTON •'""` ^;;�-''f n CORPORATION SITE LAYOUT �2 OF 3 Page 15 TM CENTER SUBDIVISION PRELIMINARY PLAT vluxmMnR:r=t.00a A PARCEL OF LAND BEING A PC RTION OF THE NORTH WE 5T 1/4AND A PORTION OF THE W.FRnN. RO WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST, B015E MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 I�ry�1 L--� A ' � ixouoF oluxlNcs ! I I Q ® wr OD O o O O J O ,nFar Darn MEND O I nc� � D i TM CENTER SUBDIVISION i F"% MERIDIAN.IDAHO law Cnh SOlOMJ1 � PP i-Q Page 16 B. Final Plat(date: 7/19/2022) 60OKPAGE Franklin Rd 'bRT"F= q Z. m 21 N Nr AEuaxc PaE xa r.a Plat of se�u9•sRro esa.00_ is 24 R �Z --- --` --- ---—--- --- --- --- TM Creek SubdivisionNo.6 83V3.•31Y Ems 1-5,Bkck 3 of TM C—t Subdivision Na 4 and EE9'Op'77" i,.Np'[n1) a penian 01 Be Northeast V4 cd the No"mLt 1/4at Smim 16,T—hip I N.ft AarW 1 W. R.M., 1 SarEa'Sr"xr Crty of Murkva,Ada C-1y.Idaho UnA ted 2022 ElYp9"98"E 2i9.00' SBB'0927'c en.s2' I �F levl 7ts,op 1 AhLV V]Y PM Sale 1'.fitl �m S�A7T� zrax> r © t © r J 54M INNEx [ IesE elaorn9Nx _ $ ___ _ - aw 1 _r ____ ___________-- -- - SxFEr,-4JlUnGAN PIni --- —leafs -- rq L_� sxEFr -cEAnolra.Tc a amEr:s un wtts ,W' 190.00' F�-`—F ---7��J c -- --`-� -- --------- , W26'1BY1 Eaa.ia' I Ar / LEGEND /$`L__.F '! f "I Re r r �C�°a' F� A iWNO iWIWNW CnR.AS NplfD W1 )� `Y/ IhF 1 �4 B Fpuw XttRs w As In1Eo r `�`t/ ��`r � i i i i 0 w 6l�rcx�wRxEp rots,xasr Nevw'W1v / X 4 uxuss I / sou r i 9i.15' / \ �`� 3 SET 5/5-mGN riEbn wttx PE nw GP ______�J L----------- -,---- / E O 9ET�p39 PLVp l' W NETEC W9Wr] 1_-- -- 1 __ J - wnlaEo iY8 PL412.5A' Eouxp mws9 RUA,a.ev'[InTx Xwrenc HEapS � � I I Rs�,��eu ixs,au`�i'n9rt L J I I h W,RxEo w•s as 9 wfnEe iLLh,NSA' 3 ; w ioL- g ^ S cN.cinnTEu m1w IJII I I r I I g� Q Loi NuuecR I I I I � I I Sueduegn BOuxGM'uK I l I I I InT utf 1 1 I I q L L___, I I - sEnExl uxE � -1 ' ' CENnTtI1NE I AfUCUfI BWNW{Y 11Nf L _J ____---- ElSEMENr uNE L11MT1lIE I I ���EancNr PER � mw' m.,e' arzsm'saeyt'tuYr mas' 1 m.rExr w su,c micro: R•ten.ewcm g I Will�r6are As 9xo6x JII S�'1a`wly /19..3' - Wvt3'aA+a ffi�•pf'Y r]650' �AYai'seroe'x4 eo. I 969']6'RO"W JO'3.55• 5e16' I lµg,ebck9 I+ TM Ceeea S,IEbiflm rbl �.•rM v RGNw a$ �.•<nv a a(Ppxx T6n Mile plain Qi NESIZ,n-w Jhp— I AEa renWyxT ro]W,-,Sa%5 g_ -on,xRrr GEnICM r5]]al E0.93' U aFR i16nM1�FxT In.RN,- Lla 5E9'28'PO"N 467.N' Lpl 1,Dkk3 Sep']e'2G"AY TM1lp-1,pk SUNdIMsbn H0.5 8n�,rtted �'Sl¢k�� km EURYEY NARRATNF 1,17,�Z L X G I N f L a I H G M RreOfE m A.S ptP�t n i0 SSF4XCa T�[Wa slonl REFERENTS _ R,Rumrt or p1,5 P� PtAT pc 9x PEER LlaW6+] Rp9x I yrts•i aGrE.Px9 Mrk xu�.w.nc ecv i9 aaan xrd Ttc x PKfS r ASS-19ASi,x[coREs N.�EOiMET.�gSnO� Uk1'ELLWER �^a��X in">,�"ANso`ee:iumnrtmro�"w,cE.°"ir"xwxE� �. as _ BRIGHTON CORPORATION xnvxo>�xm s,rwiR,hna sn/n�.sE nxT.:.�ew �� �'��mm�H' MERIOIAH,Ib Page 17 C. Landscape Plan(date: 6/17/2022) �, s rw�.m xv[ie w we w 6 a,ee� �� •.�•T .t? .''„1. {�{ k-� '•, µ`.+•- - _ a '� w • �..n.e.••.m rw�w..w xm� - •yI� J1•r:.r .:f Y. ,L1 S,wf•CC�X_^^y--- ✓— it b ..............� .� ,., . p m.»m %5��. I O -___ _ ___________ e mu�mnma mum �,..,��-•� ,oc .uxm .. � �. .__ .__ -•�_____ ________ _�1 ___________ --n. •�`.®.., , Caw V meru�a•a�onyw•rK K l �I •..rm rz a. �- I• F `�.2� �n... a I n �...m. �� I• b�� - —---- ------------- ----- —--- f-- :F -- —_ -- km ;__ 1 BUFFER PLANTING DETAIL.� LANDSCAPE PLAN - uo Page 18 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 [TM Creek:AZ-13-015(DA Inst. #114045759; 1st Addendum Inst. 2016- 073497; and 2nd Addendum Inst. #2017-113747 and preliminary plat(PP-13-030); Ten Mile Center(H-2020-0074),DA Inst. 2021-0891571. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the previous phase final plat(TM Creek No. 5) in accord with UDC 11-613-7 in order for the preliminary plats [TM Creek(PP-13-030)and TM Center (H-2020-0074)] to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by KM Engineering, stamped on 7/19/2022 by Aaron L. Ballard, shall be revised as follows: a. Include the recorded instrument number of the City of Meridian water and sewer easement graphically depicted on the face of the plat. b. Include the recorded instrument number of the City of Meridian utility easement graphically depicted on the face of the plat. c. Note#4: Strike all of the info pertaining to development agreements(DA's)for TM Creek. These agreements were all replaced with one new DA for the overall development, recorded as Inst. #2021-089157. d. Note #7: Do the Master CC&R's include the land approved with the preliminary plat for TM Center?Make any changes necessary to this note to be accurate. e. Note#19: ". . . approved with PP-13-030 and H-2020-0074 by the City of Meridian . . .". 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 KM Engineering, dated 6/17/22, is approved as submitted. 6. Prior to signature on the final plat by the City Engineer, submit an application for and obtain final approval of the proposed private street within the development. Private streets shall comply with the standards listed in UDC 11-3F-4. 7. All future development shall comply with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC 11-4-3-27B.1. 8. The final plat shall be recorded prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement(provision#5.1(23). 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plats and/or development agreements does not relieve the Applicant of responsibility for compliance. Page 19 B. Public Works Site Specific Conditions: 1. Center water main in 20'easement. 2. Provide a 5'easement, in all directions,that is clear of all permanent structures(including carports)around the fire hydrants. 3. Provide a 20'easement up to the water meters. 4. Provide easement for all utilities even those in private road if not already provided. S. Plans do not show easement going to the property to the east. Add this easement to the plans. 6. For Line C the City does not want that steep of a pipe discharging to manhole SS EXIST. Either decrease the slope to 8%for the section that ties into the manhole(still need to meet building codes) or have the service tie in downstream of manhole. 7. Sewer easement widths varies depending on sewer depth. Sewer 0-15 ft deep require a 20 ft easement, 16-20 ft a 30 ft easement, and 21-30 ft a 40 ft easement. Adjust easements accordingly. 8. Service lines to buildings should be 6"not 8". 9. There is an existing service line 85ft south of SS EXIST.Unused stubs must be abandoned per City requirements. 10. Ensure no sewer services pass through infiltration trenches. 11. A future install agreement for seven(7) streetlights will be required for the development of this property. General Conditions: 12. 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. 13. 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. Page 20 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 23. Developer shall coordinate mailbox locations with the Meridian Post Office. 24. All grading of the site shall be performed in conformance with MCC 11-1-4B. 25. 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. 26. 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. Page 21 27. 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. 28. 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. 29. 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. 30. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 31. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 32. 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. 33. 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. 34. 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. 35. 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 22 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Final Order for Summertown Subdivision (H-2022-0018) by Kent Brown Planning Services, located at the southeast corner of N. Venable Ln. and W. Ustick Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 13, 2022 ORDER APPROVAL DATE: SEPTEMBER 27, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 23 BUILDING ) CASE NO. FP-2022-0018 LOTS AND 3 COMMON LOTS ON ) 13.8 ACRES OF LAND IN THE TN- ) ORDER OF CONDITIONAL R ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT SUMMERTOWN SUBDIVISION. ) BY: Kent Brown Planning ) APPLICANT ) This matter coming before the City Council on September 13, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING SUMMERTOWN SUBDIVISION, LOCATED IN GOVERNMENT LOT 2 OF SECTION I, TOWNSHIP 3N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 8/24/22, by GREGORY G. CARTER, PLS, SHEET 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Summertown Subdivision—FILE#FP-2022-0018) Page 1 of 3 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 13, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Summertown Subdivision—FILE#FP-2022-0018) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 27th day of September , 2022 By: Robert E. Simison 9-27-2022 Mayor, City of Meridian Attest: Chris Johnson 9-27-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-27-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Summertown Subdivision—FILE#FP-2022-0018) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING 9/13/2022 Legend DATE: Project Location •� TO: Mayor&City Council _ R-4U I-L FROM: Joseph Dodson,Associate Planner R=8 m RUT R-15 208-884-5533 IM SUBJECT: FP-2022-0018 l�o �. v Summertown Subdivision FP LOCATION: 3104 N. Venable Lane,the southeast IA corner of N. Venable and W.Ustick, in C-G the NW 1/4 of the NE 1/4 of Section 1, I-L RUT C-G C=G C G Township 3N, Range lE. C�2 R-15�RUT_ - rR-1TrC=C= I. PROJECT DESCRIPTION Final Plat consisting of 26 total lots(14 multi-family building lots, 9 detached single-family lots, and 3 common lots on approximately 13.8 acres in the TN-R zoning district,by Kent Brown Planning. IL APPLICANT INFORMATION A. Owner: Shannon Robinett, Summertown LLC—3277 E. Louse Drive, Suite 375,Meridian,ID 83642 B. Applicant Representative: Kent Brown,Kent Brown Planning—3161 E. Springwood Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0005) as required by UDC 11-613-3C.2. The submitted plat includes the same number of buildable lots for the subject plat as was approved with the preliminary plat. Furthermore,the submitted final plat depicts the required street buffers and the same amount of common open space as previously approved. 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 V. EXHIBITS A. Preliminary Plat(date: 2/1/2022) � � S - - -I-. �' `I -t__A t;o Aw o 0 0 0 0 0 0 o 1 r� " 'F 9110 s r S s B i BEFORE DIGGING.GALL OIGLINE AT 1400-342-1565 CI[PIGYI�/Mi aN Page 2 B. Final Plat(date: 8/24/2022) I 1/+ S.36 weFe 'a se—'.___6W.USiICK 9ee CK � R0. 20245a -�.iw. S7 5.8 � R5X' ________________________ 2rz5' g e � �� I � • 'I � e� O O �s � iel z6'la a _ W: o W.*PUBLESIONE ill.4e 3'y. e9 W.PMKST E I I.n J (PRIVATE) � 3,00,9E BXX - ` n 1�\y i ' N909COYW 519.22' I �7 Z �* II < y T � Z 3.et.6L60N n o 'I • �«' FYI N- z V) pi�s$m I o�. III •',ii lm NO �=O w $ ➢r 'c 131,39'P z o-I « sm I �w - c N t c IL Z«I I L ly '>- W.STPNHOPE LN. -+.-�'«-� - OZ (PRIVATE) * + s ig j $ l4 - — c$�9�c� 'S3 01.38• + - _. lea — + « ina - F: SeOYS �Nz $ $ , L•,L'� �' NXB'- T P Cz 1023P � W.WRMICLFli ST. ? �" fJ 58 9Y18'E 21 L iozsr s6_oti--�ssao• s3.Xa --s5.00--£-s}oo`--� - -5s.ar-�£-s1.w•' `z -- - WO.4821 E 6+0.90' _ O Cl/4 si O A B6on zz Ir�I IIII I _ D • • ®O 0 O o ;�" N V 0 j ��o f Pi w Page 3 SUMMER TO WN SUBDI VISION a..Wxlw earo.I'll xE, elNExs.x K ImICAA IXY/°M�NAI mrnntt�[rN6Fx°Ie 6 MICALL o LYEIREN pJS NFRIOI°P�1l,PLA15Yi I5 saYw ....o....sae< wl.. wm a.,».o rc wawn.amnm. soilmTm uxvss �..m �o..ry Ta«m..r ww�w rau r w$T K xosz.ecv la z"eii:"s Ix `a 4TsX zm asz°RH°iPCE u•eo�9 SEE SHEET 2 RNt NOTES. SEE SHEET 2 FOR LIrvE h tt1RVE iAB�ES BGGK PAGE IDAHO d°e No,si—sw SURVEY �xi�aaea•o -mw GROUP,LLC Page 4 C. Landscape Plans (date: 8/24/2022) 9 2b - r g z a1.0 c F c a n air `s z £ P D o zsa CA m n D S a > < zoo D Aye fn Z Sy IT3l p 4 Z Y F : _ 3 � X 6 € PO _ ; 4 yFk; 3 C/J • NVE-- LN-(PRIVATE) *- r 7-r--r-7-77 o —--— ( � ti5A T7, W .N O VENABLE LN. PRIVATE �o = 1 N.VENABLE LANE m = m_ 1 3• - - - -- - - _ - -- - _ - L M 1 1 0Bill1 m - - — --- 1 4 _ - Fc 1 z i J I 1 m 1 ' o a 'IPA m �Z m 1 -V 17- 1 Fl Imm ; z o�; 1 r -------1---------- `...1.. ..., ' s € ❑ �s M� a -. a k�A- 5h S E F F, m k 5 m r ��1�- w°n z A m z� a aA HAI rn �� _a� m ` -� zp s :,, - z r T C �- nIN :mmN rn IN ME CONSTRUCTION SET-ISSUED DUNE 21,2022 2 o Project - SUMMERTOWN PHASE 2 m - - v -u CLUBHOUSE 7—'0T VV Page 5 s _ a an r•i " TWO 55■■ffff Y 98 h Fib. PROM FE .. wM WES } kill a Tim—� � _. ■ ;'1�i �� E".e wee } PHASE 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-2017-0142 (AZ,DA Inst. #2019-015427);A-2019-0118 (CZC &DES);A- 2021-0025 (CZC &DES renewal); and H-2022-0005 (Preliminary Plat). 2. The applicant shall obtain the City Engineer's signature on the final plat by May 18,2024, within two(2)years of the date of approval of the preliminary plat(May 18,2022), in accord with UDC I 1-613-7, 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 Idaho Survey Group, stamped on 08/24/22 by Gregory C. Carter,is approved with the following conditions to be completed at the time of Final Plat Signature: a. Correct plat note numbering to be accurately sequential; b. Correct Landscape Buffer note to state that the remaining buffer area is located with ACHD right-of-way; c. Correct note#9 to state"Private Street"easement instead of a common drive easement. 5. The submitted landscape plans, as shown in Section V.C,prepared by South,Beck&Baird, dated 8/24/22, is approved as submitted. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS Site Specific Conditions of Approval 1. When submitting sewer&water easements make sure that there is a min of 10 feet from sewer main to edge of the easement. 2. A streetlight plan will need to be submitted for the development. Type 1 streetlights along Ustick Road. General Conditions of Approval 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. 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. 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 Page 7 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point 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. 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. 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. 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. 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. 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. 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. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Page 8 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed 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. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at hqp://www.meridiancity.orglpublic_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 9 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Denial of Regency at River Valley Phase 3 (H-2022-0057) by Bach Homes, Located at 2480, 3270, and 3280 E. River Valley St. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, (:�WER\1DIAN4.- DECISION,AND ORDERI D A H O Date of Order: September 27, 2022 Case No.: H-2022-0057 Applicant: Brian Carlisle, Bach Homes In the Matter of. Request to modify the development agreement(Instrument No. 2020- 062947) for 2480 N. Eagle Road and 3280 E. River Valley Street to (A) change the development plan for the site from self-service storage to multi-family apartments and(B) add an additional 0.65-acres of land at 3270 E. River Valley Street that is currently encumbered by a separate development agreement(Instrument No. 113005608) Pursuant to testimony and evidence received regarding this matter at the public hearing before the City Council of the City of Meridian (the "City Council") on September 6, 2022, as to this matter, the City Council enters the following findings of fact, conclusions of law, decision, and order. A. Findings of Fact. The City Council finds that: 1. The facts pertaining to the Applicant's property(the "Property"), the Applicant's request, and the process are set forth in the staff report for Case No. H-2022-0057, which is incorporated herein by reference. 2. The Property is encumbered by two existing agreements (Instrument No. 2020-062947 and Instrument No. 113005608). 3. The Applicant wishes to amend Instrument No. 2020-062947 (the "Development Agreement")to (A) change the development plan from self-service storage to multi-family apartments and(B) add 0.65-acres of land at 3270 E. River Valley Street that is currently encumbered by Instrument No. 113005608. 4. The City Council held a public hearing on September 6, 2022, and received testimony from the Applicant and the public concerning proposed modifications to the Development Agreement. 5. The proposed multi-family apartments will rely, in part, on the existing multi-family apartment complex to the east of the Property for ingress and egress. 6. Traffic circulation within the existing multi-family apartment complex is difficult, creating concerns for tenants, the Meridian Fire Department, and the general public. The proposed multi-family apartments would compound these existing concerns. 7. Ingress to the existing multi-family apartment complex is difficult due to the volume of traffic on E. River Valley Street, the prohibition of certain turning movements on E. River Valley Street, and the design of the primary entrance to the existing multi-family apartment FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0057 Page 1 complex, which includes a roundabout. The proposed multi-family apartments would compound these existing concerns. 8. Egress from the existing multi-family apartment complex is already challenging due to the volume of traffic on E. River Valley Street and the design of the street, particularly for vehicles proceeding south on N. Eagle Road. The Applicant's proposed project, which includes a new point of egress near the intersection of E. River Valley Street and N. Eagle Road, would compound these existing concerns. 9. The Applicant has failed to demonstrate that the proposed modifications,which would change the development plan for the site from self-service storage to multi-family apartments, is superior to the existing Development Agreement. 10. Based on the foregoing, it is not in the City's best interest to modify the Development Agreement. B. Conclusions of law. The City Council concludes that: 1. The City Council takes judicial notice of the Unified Development Code of the City of Meridian ("UDC"), codified at Title 11, Meridian City Code; all current zoning maps; and the City of Meridian Comprehensive Plan. 2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. 3. A development agreement is a binding contract. Wylie v. State, 151 Idaho 26, 32, 253 P.3d 700, 706 (2011). The legal effect of a development agreement is determined by the plain meaning of the agreement.Id. 4. A decision to modify a development agreement shall be made by the City Council. UDC § 11-513-3(F)(2). 5. The City Council may modify an existing development agreement,but it is not required to do so. UDC § 11-513-3(F)(2). The City Council may deny a request to modify a development agreement if the proposed modification is not in the best interest of the City. See id. 6. Courts in the Fourth Judicial District of the State of Idaho have held that a City Council's decision to approve or deny a request to modify a development agreement is not subject to judicial review.Brown v. City of Meridian, CVO 1-19-06894, slip op. at 12 (District Court of the Fourth Judicial District of the State of Idaho, County of Ada, Nov. 11, 2021). C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby denies the Applicant's request to modify the Development Agreement because the proposed modification is not in the best interest of the City. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0057 Page 2 E. Judicial review. Pursuant to Idaho Code section 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code section 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code section 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 27th day of September, 2022. Robert E. Simison 9-27-2022 Mayor Attest: Chris Johnson 9-27-2022 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0057 Page 3 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Shops at Victory (H-2022-0060) by WL Victory Crossings, LLC, located at 3300 S. Eagle Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,, AND DECISION&ORDER A In the Matter of the Request for Development Agreement Modification to change allowed opening hours for an approved drive-through establishment from 6AM to 5AM at 3300 S.Eagle Road,by White Leisure Development. Case No(s).H-2022-0060 For the City Council Hearing Date of: September 13,2022(Findings on September 27, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I 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 § I I-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(Shops at Victory MDA—FILE#H-2022-0060) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 13,2022,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Development Agreement Modification is hereby approved per the conditions of approval and new DA provisions in the Staff Report for the hearing date of September 13, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) -2- determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 13,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) -3- By action of the City Council at its regular meeting held on the 27th day of September 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 9-27-2022 Attest: Chris Johnson 9-27-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 9-27-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) -4- EXHIBIT A C� f1EN DIAN�-�- IDAHO COMMUNITY DEVELOPMENT DEPARTMENT HEARING 09/13/2022 Legend DATE: - R:B� a Project Location TO: Mayor&City Council RUT FROM: Alan Tiefenbach,Associate Planner o R=8 C-C R-15 Joseph Dodson,Associate Planner 0 RUT Rl 208-884-5533 RUT . RUT SUBJECT: H-2022-0060 R-8 �RUT Shops at Victory-MDA R-T5 R-4 LOCATION: SEC of S. Eagle Rd. and E.Victory Rd. a RUT Ra�2 �p I. PROJECT DESCRIPTION Development Agreement Modification to change allowed opening hours for an approved drive- through establishment from 6AM to 5AM at 3300 S. Eagle Road. II. SUMMARY OF REPORT A. Applicant/Representative: Ken Lenz,White Leasure Development—8385 W. Emerald St,Boise ID 83701 B. Owner: WL Victory Crossings LLC—8385 W. Emerald St, Boise ID 83701 III. STAFF ANALYSIS The property is 0.84 acres in area, zoned C-C, and is one of three commercial lots comprising the Shops at Victory Development which was annexed in 2008 (AZ-008-007,PP-08-006,DA Inst. #111032845). The existing Development Agreement allows all uses allowed in the C-C zoning district,with hours of operation limited to 6am to IOpm due to the adjacent residences to southeast and east. Alternative Compliance was approved as part of the annexation to allow a residential buffer with widths as little as 10 feet where 25 feet is typically required along the south and eastern property lines,with a condition that a 6 ft tall Verti-Crete wall be constructed within the reduced buffer—much of this buffer does meet the standard 25-foot width. The final plat for this property was completed in 2016 after four time-extensions were approved(H-2016-0029). The Rite Aid on the hard corner Page 1 EXHIBIT A received administrative approvals in 2015 (A-2015-0061)with construction occurring in 2016. The eastern most commercial has received conditional use permit approval and administrative approvals to construct a daycare center but construction of that facility has not yet started(H-2021-0003 &A- 2021-0072,respectively). In May of 2022,a conditional use permit(CUP)was approved for this subject property(3300 S. Eagle)to allow a drive-through establishment within 300 feet of an existing residence and another drive through facility(H-2022-0019); a CZC was issued in July of 2022 (A-2022-0134) for the coffee shop drive-through. With the CUP,the applicant mentioned their desire for an opening time of 5AM rather than the 6AM noted in the DA. As this was a development agreement requirement, the project was conditioned to operate from 6AM to IOPM per the recorded development agreement unless otherwise modified through a subsequent development agreement modification. There is an existing single-family residence on a 5-acre lot directly east and south of the subject property. This would be the property owner most impacted by any proposed changes to the allowed hours of operation. At the time of the CUP for the drive through establishment,the property owner submitted a letter in support stating the applicant had been very receptive to all their requests with the initial development,they had installed a Verti-Crete fence along their property line that was higher quality than would have been required,ensured lighting impacts were mitigated and expressed their faith that the applicant's choice of location was acceptable. Staff has not received any further correspondence from this property owner.North of the subject property is the existing Rite Aid and S. Eagle Rd is to the west so Staff finds the proposed additional hour of operation in the morning should not have any impact on the existing commercial use. The existing development agreement states"The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction."As of August 16, 2022,this Applicant has paid their required proportionate share of this agreement and has satisfied this DA provision for the subject property. In addition, many of the existing provisions have been satisfied over the years and are no longer applicable for the subject site. Therefore, Staff is recommending this parcel be removed from the existing DA and placed into its own for the purpose of governing this lot in perpetuity. Staff s recommended DA provisions are below. IV. DECISION A. Staff: 1. Staff recommends the City Council approve the applicant's request for a development agreement modification and enter into a new DA with the following provisions at a minimum: a. Hours of operation for any business on the subject property(3300 S. Eagle Road,Lot 1 Block 1 of the Shops at Victory Sub.) shall be restricted to the hours between 5am and 1 Opm. b. Future development shall adhere to the previous approvals for Alternative Compliance for a reduced landscape buffer width in certain areas adjacent to the residential property to the south and east,per the landscape plan attached in Exhibit A of the staff report attached in the original development agreement for the Shops at Victory Development Agreement(Inst# 111032845). c. Access to this site shall only be provided from one full-access and one right-in/right-out access to/from Eagle Road and one full-access and one right-in/right-out access to/from Victory Road, as shown on the City approved site plan included in the development Page 2 EXHIBIT A agreement for the Shops at Victory Development Agreement(Inst# 111032845).Any other vehicular access points to/from the site are prohibited. d. Owner/Developer shall maintain and adhere to the recorded cross-access/ingress-egress agreement for the three(3)parcels associated with the Shops at Victory subdivision. e. Future development of this site shall be generally consistent with the site layout, landscape plan and building elevations as approved by CZC A-2022-0019 as depicted in Section V below and the previous conditions of approval for the subject site: H-2016-0029 and H-2022- 0019). B. The Meridian City Council heard these items on September 13,2022. At the public hearing,the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Jason White,Applicant: Bob Aldridge,neighbor. b. In opposition:None c. Commenting: Jason White: Bob Aldridge. d. Written testimony: David Palumbo—noted concerns with development in South Meridian overall,not specific to this project. e. Staff presenting application: Bill Parsons,Planning Supervisor f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Support for proposed change and noted agreement with developer by affected neighbor to the south/southeast; 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff recommendation: a. None Page 3 EXHIBIT A V. EXHIBITS A. Approved CZC Site Plan 1'x a : I I � I �1fJr 4•+ r I I ' a 4. 1 I +'r I 1 J 1 + N a �•a, r M+ I 1 � •y .�•«•«. L • +�r F i - +'+'�.e� `. ' y f Id T--I e 1 1»+ I + F+ +r .* . .J v II i +'.�+ ,fir ,J e .I * I 1 I' S_�LY_I_r_L"!�L I Page 4 EXHIBIT A B. Approved CZC Landscape Plan r• . w. -- I 21 Aja - z1 r-- »r r`+xr+r'rr� -^ e. ti .� _ 'ti• ;r.•rr y, ` � 1 rir`r`r 'r*,+r`• 1 �:�� C�ti)) C. .iiI �•.ti.r•r n y yCFG�)�)'•`C? '•:+.)'✓t 2•`O"O r)9:C?C?OlfrF '�,�, .• yC�,'• haC?CyaP�?' •`i'(�•'(�]':[: �C?O�)�)3:C I ,y. •r.• .r .ti .:ti r�r`r i-- --i aA. _ _ - ti•..}:}::-:�ti�ti:�}::ti•:ti�lvv {�{. 1 . I i l i •�]:�:C�C�O�]�]�C�O:O�):•;:•;'r•�: .�>�>:hCy�` 1 . . . vi•. is r +">`+++` _ �o$t - - - - ii0�] :^C': :4:•]:�]:•:C•:4: :•)Y.C�.'�O:O:• :i•:6:7:Y:�.Cr ;)y. + +`+++.*!`.x+tti 1 I �15---_: —.i- r - ]:+4'C�C�O�+l]:�`�4:0�):it.;isp�pj {:•t''�,.'`+;:{{'' {t'•\ . Page 5 EXHIBIT A C. Approved CZC Elevations ------------------ "fzKY T6.fdY ...... i.d LdN LAGA,RQCK ��� mfnmmss . (,)HRPJE THRU ELEVATION FRONT ELEVATION duunc�in���a •fc!woxooP m.2Pc I - - 1Y 10' _ —_—_—_—_ x�Pf,= Mr L —wavy L7O f�PPmT A SINE ELEVATION �,�REAR ELEVATION Page 6 EXHIBIT A C. Existing Development Agreement Provisions 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction. 2. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7- 517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. 4. The request for Alternative Compliance for a reduced buffer width in certain areas adjacent to the residential property to the south, is approved per the landscape plan attached in Exhibit A of the staff report and in accordance with the DA provisions and conditions of approval noted in the Shops at Victory staff report. 5. Construct a minimum 6-foot tall verti-crete wall adjacent to the residential property to the south in the areas where the buffer width is below the required 25-feet, as shown on the fencing plan in Exhibit A.5, as approved through Alternative Compliance with this application. Construct a minimum 6-foot tall solid vinyl fencing in all other areas along the perimeter boundary adjacent to residential uses. All fencing shall be constructed in accordance with the standards listed in UDC 1 1-3A-7C. Page 7 EXHIBIT A 6. Provide a minimum 5-foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of-way of the reconstructed and widened intersection. Said sidewalk shall extend across the Aldridge property along Eagle Road to Falcon Drive and be located within a public pedestrian easement. 7. Access to this site shall only be provided from one full-access and one right-Wright-out access to/from Eagle Road and one full-access and one right-in(right-out access to/frorn Victory Road, as proposed by the applicant, as shown on the City approved site plan attached hereto as Exhibit D and by this reference incorporated herein as if set forth in full. Any other vehicular access paints to/from the site are prohibited. 8. A cross-access/ingress-egress easement shall be recorded to/from Eagle Road and Victory Road benefitting all lots within the subdivision. 9. Provide a pedestrian connection (pathway and break in the fence) from this site to the future pathway in Harcourt Subdivision. 10. A minimurn of 2 buildings shall be constructed on the site and the maximum building footprint of any one building shall not exceed 20,000 square feet, 11. Hours of operation for the businesses within this development shall be restricted to the hours between C am and 10 pm. 12. The Applicant shall comply with the tree preservation standards listed in LTDC 1 1-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. The applicant's proposal to plant trees along the southern and eastern property boundaries as mitigation for trees removed from the site is approved per the landscape plan included in Exhibit A of the staff report. 13. The detailed site plan and building elevations submitted with any future CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of the staff report. 14. The Applicant shall submit a letter of final approval from Ada County bevelopment Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council and publication of the ordinance in the newspaper. Page 8 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Torino Locust Grove Subdivision (H- 2022-0038) by Jeremy Rausch, Located at 870 S. Locust Grove Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI 'N,, AND DECISION&ORDER In the Matter of the Request for Annexation of 1.03 Acres of Land from R-1 in Ada County to the R-8 Zoning District AND Short Plat Consisting of Four(4)Residential Building Lots,by Jeremy Rausch. Case No(s). H-2022-0038 and SHP-2022-0008 For the City Council Hearing Date of. September 13,2022 (Findings on September 27, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 - I - 7. That this approval is subject to the development agreement provisions and conditions of approval set forth in the attached Staff Report for the hearing date of September 13, 2022,incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements in accord with the 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 short plat is hereby approved per the development agreement provisions and conditions of approval in the Staff Report for the hearing date of September 13, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the short plat(UDC 11-613-7A). 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 short 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 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 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 -2- E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 13,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 -3- By action of the City Council at its regular meeting held on the 27th day of September 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 9-27-2022 Attest: Chris Johnson 9-27-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 9-27-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 -4- EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 9/13/2022 LL Legend DATE: f Prflject Lacaiar. } TO: Mayor&City Council 11 FROM: Alan Tiefenbach,Associate Planner -- 208-884-5533 _----- SUBJECT: H-2022-0038 and SHP-2022-0008 N Torino Locust Grove Subdivision LOCATION: 870 S. Locust Grove Rd. - ---J I I. PROJECT DESCRIPTION Annexation of 1.03 acres of land with the R-8 zoning district,and short plat consisting of 4 residential building lots. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage A 1.03 Future Land Use Designation Medium Density Residential(MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 4 Lots Phasing Plan(#of phases) One phase Physical Features(waterways, No significant physical features. hazards,flood plain,hillside) Neighborhood meeting date;#of March 17,2022 attendees: History(previous approvals) None Pagel B. Community Metrics Description Details Page Access(Arterial/Collectors/State S.Locust Grove provides the only access to this property. Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross This proposal includes a 30 ft.wide common driveway Access from S.Locust Grove to serve the four lots. Staff recommends an easement beyond the end of this driveway to the eastern property line. Existing Road Network S.Locust Grove Existing Arterial Sidewalks/ There is an existing 7 ft wide sidewalk along the property Buffers frontage.A 25 ft wide landscape buffer will be required as a condition of approval. Proposed Road Improvements None. Fire Service The common driveway shall be signed"No Parking Fire Lane".When required by the Fire Marshall,"No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC. Signs shall be installed per ACHD standards. The bottom of the sign(s)should be 7' above the road/sidewalk surface shall not be in the travel way. The sign(s)shall be installed about 6"— 1'behind the curbing or edge of pavement on a Tels ar post. Police Service No Issues Wastewater • Flow is committed • Due to proximity of sewer service to infiltration trench,sleeve both service two feet past each side of the infiltration trench. Water • Due to proximity of water service to infiltration trench, sleeve both service 10 feet past each side for the infiltration trench. Page 2 C. Project Area .p Future Land Use Map Aerial Map �:'�'� LL nd = ; . IIIIII i -- M PlannedZoning Map Development Le g en d . 111111 i 11CFty Lin !l1111 Iles ------------------------- 9 84 84 III. APPLICANT INFORMATION A. Applicant/Representative/Owner(s): Jeremy Rausch— 1684 E Borzoi Ct,Meridian,ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 7/19/2022 8/21/2022 newspaper Notification mailed to property owners within 500' 7/14/2022 8/18/2022 Applicant posted public hearing n 7/25/2022 8/14/2022 notice sign on site Nextdoor posting 7/15/2022 8/18/2022 V. STAFF ANALYSIS A. Annexation and Zoning The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. The submitted legal description and boundary exhibit to appear to encompass the area of annexation. However,the exhibit also includes a previous lot configuration of three lots. Prior to recordation of the annexation ordinance,the applicant shall submit a revised boundary exhibit which correctly matches the legal description. B. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan) This property is designated as Medium Density Residential on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and is adjacent to the city limits. The majority of the properties in this area east of S. Locust Grove Road and north of I-84 are rural residential,although there is land to the south of the subject property is recommended for commercial uses. The proposed density of 3.7 du/acre is well within the density range designation of the Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIIL.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies (https://www.meridiancity.or /�pplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Page 4 • Encourage infill development. (3.03.01E) Infill development is described as "development of vacant, skipped-over parcels of land in otherwise built-up areas."The subject property is within an area surrounded by City-zoned property; commercial property to the west(across S. Locust Grove Rd) and south (across I- 84), the Snorting Bull Subdivision (aka— Woodbridge) to the north (in the City), and rural residential in unincorporated Ada County to the east.Although the property is within a larger unincorporated area, these unincorporated properties are surrounded by the City limits. This would be considered an infill area. • "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development or in the general vicinity. R-8 zoning and detached single-family homes in unincorporated Ada County are abundant in this immediate area. • Plan for connectivity between annexed parcels and county enclaves that may develop at a higher intensity. (3.03.04A) The property proposes to take access from S. Locust Grove, a principal arterial, via a common driveway within a 30 ft. wide easement. Per UDC 11-3A-3,for any property that takes direct access to an arterial and/or collector roadway, where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. Where access to a local street is not available, the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties. A new single-family residence has been built on the property to the north (820 S. Locust) and due to the position of the new structures there is not feasible access between it and the subject property. However, the house on the 0.92-acre property directly to the east(903 S. Tornio Ave) takes access directly from S. Torino Ave, a local road.As this property is within an unincorporated area characterized by houses constructed in the 1970s and is designated for medium density residential, annexation and redevelopment of this area could occur in the future. As a condition of approval,staff recommends the common drive extend to the eastern property line within a 30 ft. easement, so when the properties to the east are annexed into the city for redevelopment, access to the subject property can occur(via a private road) from S. Torino Ave and the S.Locust Grove access can be closed. • "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 along S. Locust Grove Rd. and can be extended by the developer with development in accord with UDC 11-3A-21. Staff finds this development to be generally consistent with the Comprehensive Plan. D. Existing Structures/Site Improvements: The property is presently vacant. Page 5 E. Proposed Use Analysis: The proposed use would be single family residential. This is a permitted use in the R-8 zoning district. F. Dimensional Standards(UDC 11-2): All proposed lots appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages,and road widths.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,common driveways and block face. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3)regarding common driveways. 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. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. G. Specific Use Standards(UDC 11-4-3): As required,only one(1) single-family dwelling is proposed per property. H. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): As this subdivision is only for four lots,the applicant has not submitted building elevations. However, due to the proximity to S.Locust Grove and visibility of the lots,staff recommends a development agreement provision that requires building elevations visible from S.Locust Grove Rd to incorporate a variety of building materials and 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. Single-story structures are exempt from this requirement.Planning approval will be required at time of building permit. 1. Access(UDC 11-3A-3, 11-3H-4): The subject lot presently takes access from S. Locust Grove Rd. As already mentioned in the Comprehensive Plan analysis above,per UDC 11-3A-3, for any property that takes direct access to an arterial and/or collector roadway,where access to a local street is available,the applicant shall reconfigure the site circulation plan to take access from such local street.Where access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties.As the properties directly to the east(as well as numerous other properties)are within unincorporated Ada County and could annex and redevelop in the future, Staff is recommending the common driveway shown in the short plat be extended to the eastern property line in a 30 ft wide easement. If the property to the east develops, access to the subject property shall occur(via a private road)from S. Torino Ave and the S. Locust Grove access be closed or used for emergency access only. J. 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. Future development should comply with these standards. Page 6 K. Sidewalks/Parkways(UDC 11-3A-17): Sidewalk already exists along the S. Locust Grove Rd property frontage. L. Landscaping(UDC 11-3B): The applicant will be required to install a 25' wide buffer along S. Locust Grove Rd. as is required for arterial streets. Per UDC 11-3B-7, all street landscape buffers shall be on a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners'association. This is not reflected as such on the plat. Staff has added this as a condition of approval prior to City Engineer signature. The landscape plan does not indicate whether there are any existing trees on the property that meet the preservation requirements of UDC 11-313-10. This should be reflected on the landscape plan prior to City Engineer signature. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing will be required to comply with the standards listed in UDC 11-3A-7. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 4,2022.At the public hearing,the Commission voted to recommend approval of the subject AZ and SHP request. 1. Summary of Commission public hearing: a. In favor: Jeremy Rausch b. In opposition: Stan and Elaine Sears,Patricia Christensen,Jeanette Tanner and Ryan and Glenna Newby c. Commenting. None d. Written testimony: See above in the opposition section. e. Staff presenting application: Bill Parsons 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. Extension of the common driveway to the eastern boundary. 4. Commission change(s)to Staff recommendation: a. Commission modified DA provision b. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on September 13,2022.At the public hearing,the Council moved to approve the subject AZ and SHP requests. I. Summary of the City Council public hearing: a. In favor:None b. In opposition: None C. Commenting:None d. Written testimony: David Palumbo and Shawn Freeman Page 7 e. Staff presenting application: Bill Parsons f Other Staff commentingon application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 8 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Ai',TNEXA`1'ION PROPERTY DESCRIPTION FOR JBI ELEMENTAL 870 S.Locust Grove A parcel of land lying in the NW1A SW114 of Section 17, Township 3 Noah, Range 1 East,Boise Meridian,Ada County,Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the South West corner of said Section 17,from which a Brass Cap marking the West 114 corner bears N.00°30'32"E. 2659.49 feet; thence along the West line of said Section 17 N.00°30'32"E.2359A9 feet to a point,said point being the POINT OF BEGINNING; Thence continuing N.00"30'32"E. 150.00 feet to a paint; Thence S.89°58'54"E. 300.04 feetlo a 112 inch iron pin; Thence 5,00030'32"W. 'I50.00 feat to a 112 inch iron pin; Thence N.89°58'54"W. 300.00 feet to the POINT OF BEGINNING, Said parcel contains 1.0 acres, more or less, and is subject to all existing easements and right-of--ways of record or implied. 4 � 15758 0 OF ► ! ,4 PQ� Page 9 Ic HG P6 R i. F9:k Of LSL1NMriS UM Tlm SEB'SB•54"E SG9'7a'31'E 732�' 2 �. +8ac aau' '!a7aa' � a..scr 3 4. n . 03 � I 3 a R Lsa'w ¢ 4 I SY i6E i 58Y ar 54"E 1 6ATY 37.00' �# n 1150'S6�S4�N � 3r PIM71 UI1 amy gs ao•w �I S SE8 SE'S4"E d�3' 64 7?` �—+ —__—___---81.20' --� `•` — •� fin®Mu S�54'w 9 g-w — — — 5'9 I F( N13 aa•� CF — BWU EARY LINE NOTESSElTM LINE CFDM4lX 19 MAX lv FM rpAw 59 2P —.._. ......m......,.r WIV-LOW Page 10 B. Short Plat(date: 5/20/2022) 25 I IPPIGATI0)N EASEmEHT LOT 2 LOT 3 ' 6775 5F : 8775 SF I LOT 1 ' I - LOT 4 10124 SF: i 10124 SF fl . I I tq M + I 3a' ACCESS, CRAINACE, -AwR U-nU-r'' EVENT SCAPE ASE)"T Ld exisTra15 I k\I SIOeww€ cn -41 -' ' S LOCUST GROVE ROAD- - '4,3 '- LOCUST GROVE STA;24+34.W — SI — SHARED DRIVEWAY STA; 10+00,04- Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 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, 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 development plan included in Section VII,Unified Development Code standards, and the provisions contained herein. b. The 20-foot common driveway shown in the short plat shall be extended to the eastern property line in a 30 ft wide ease me common lot and receive Fire Marshall approval to exceed 150 feet in accord with UDC 11-6C-3D. When the property to the east annexes into the City and develops, access to the subject property shall occur from S. Torino Ave. and the existing S. Locust Grove Road access shall be closed or used for emergency access purposes only. c. Building elevations visible from S. Locust Grove Rd shall incorporate a variety of building materials and 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. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. 2. Prior to City Engineer signature,the short plat shall be revised to indicate the street landscape buffers on a common lot or on a permanent dedicated buffer easement,maintained by a property owner, or homeowner's association per UDC 11-3B-7. 3. Prior to recordation of the annexation ordinance,the applicant shall submit a revised annexation boundary exhibit. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the short plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 8. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. Page 12 9. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 11. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Due to proximity of water service to the infiltration trench services must be sleeved for 10 feet past the trench on each side. 2. Due to proximity of sewer service to the infiltration trench services must be sleeved for 2 feet past the trench on each side. 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 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for Page 13 more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. Page 14 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. C. ADA COUNTY HIGHWAY DISTRICT https:llweblink.meridiancily.org/WebLinkIDocView.aspx?id=266244&dbid=0&redo=MeridianCit V&cr=1 D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.or /WebLinkIDocView.aspx?id=266773&dbid=0&redo=MeridianCit X E. NMID https:llweblink.meridiancily.or /WebLinkIDocView.aspx?id=266212&dbid=0&redo=MeridianCit X Page 15 IX. FINDINGS A. ANNEXATION AND ZONING 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-8 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section VIII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 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 all oral or written testimony 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 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 The Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VIII. B. SHORT PLAT In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential with a density range of 3-8 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 16 The Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; The Council finds that the development will not require major expenditures for providing supporting services.The developer and/or future lot owner(s)will finance improvements for sewer, water,utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and The Council finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 17 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Torino Locust Grove Subdivision (SHP-2022-0008) by Jeremy Rausch, located at 870 S. Locust Grove Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI 'N,, AND DECISION&ORDER In the Matter of the Request for Annexation of 1.03 Acres of Land from R-1 in Ada County to the R-8 Zoning District AND Short Plat Consisting of Four(4)Residential Building Lots,by Jeremy Rausch. Case No(s). H-2022-0038 and SHP-2022-0008 For the City Council Hearing Date of. September 13,2022 (Findings on September 27, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 - I - 7. That this approval is subject to the development agreement provisions and conditions of approval set forth in the attached Staff Report for the hearing date of September 13, 2022,incorporated by reference. The provisions are concluded to be reasonable and the applicant shall meet such requirements in accord with the 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 short plat is hereby approved per the development agreement provisions and conditions of approval in the Staff Report for the hearing date of September 13, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the short plat(UDC 11-613-7A). 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 short 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 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 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 -2- E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 13,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 -3- By action of the City Council at its regular meeting held on the 27th day of September 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 9-27-2022 Attest: Chris Johnson 9-27-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 9-27-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 -4- EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 9/13/2022 LL Legend DATE: f Prflject Lacaiar. } TO: Mayor&City Council 11 FROM: Alan Tiefenbach,Associate Planner -- 208-884-5533 _----- SUBJECT: H-2022-0038 and SHP-2022-0008 N Torino Locust Grove Subdivision LOCATION: 870 S. Locust Grove Rd. - ---J I I. PROJECT DESCRIPTION Annexation of 1.03 acres of land with the R-8 zoning district,and short plat consisting of 4 residential building lots. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage A 1.03 Future Land Use Designation Medium Density Residential(MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 4 Lots Phasing Plan(#of phases) One phase Physical Features(waterways, No significant physical features. hazards,flood plain,hillside) Neighborhood meeting date;#of March 17,2022 attendees: History(previous approvals) None Pagel B. Community Metrics Description Details Page Access(Arterial/Collectors/State S.Locust Grove provides the only access to this property. Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross This proposal includes a 30 ft.wide common driveway Access from S.Locust Grove to serve the four lots. Staff recommends an easement beyond the end of this driveway to the eastern property line. Existing Road Network S.Locust Grove Existing Arterial Sidewalks/ There is an existing 7 ft wide sidewalk along the property Buffers frontage.A 25 ft wide landscape buffer will be required as a condition of approval. Proposed Road Improvements None. Fire Service The common driveway shall be signed"No Parking Fire Lane".When required by the Fire Marshall,"No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC. Signs shall be installed per ACHD standards. The bottom of the sign(s)should be 7' above the road/sidewalk surface shall not be in the travel way. The sign(s)shall be installed about 6"— 1'behind the curbing or edge of pavement on a Tels ar post. Police Service No Issues Wastewater • Flow is committed • Due to proximity of sewer service to infiltration trench,sleeve both service two feet past each side of the infiltration trench. Water • Due to proximity of water service to infiltration trench, sleeve both service 10 feet past each side for the infiltration trench. Page 2 C. Project Area .p Future Land Use Map Aerial Map �:'�'� LL nd = ; . IIIIII i -- M PlannedZoning Map Development Le g en d . 111111 i 11CFty Lin !l1111 Iles ------------------------- 9 84 84 III. APPLICANT INFORMATION A. Applicant/Representative/Owner(s): Jeremy Rausch— 1684 E Borzoi Ct,Meridian,ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 7/19/2022 8/21/2022 newspaper Notification mailed to property owners within 500' 7/14/2022 8/18/2022 Applicant posted public hearing n 7/25/2022 8/14/2022 notice sign on site Nextdoor posting 7/15/2022 8/18/2022 V. STAFF ANALYSIS A. Annexation and Zoning The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. The submitted legal description and boundary exhibit to appear to encompass the area of annexation. However,the exhibit also includes a previous lot configuration of three lots. Prior to recordation of the annexation ordinance,the applicant shall submit a revised boundary exhibit which correctly matches the legal description. B. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan) This property is designated as Medium Density Residential on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and is adjacent to the city limits. The majority of the properties in this area east of S. Locust Grove Road and north of I-84 are rural residential,although there is land to the south of the subject property is recommended for commercial uses. The proposed density of 3.7 du/acre is well within the density range designation of the Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIIL.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies (https://www.meridiancity.or /�pplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Page 4 • Encourage infill development. (3.03.01E) Infill development is described as "development of vacant, skipped-over parcels of land in otherwise built-up areas."The subject property is within an area surrounded by City-zoned property; commercial property to the west(across S. Locust Grove Rd) and south (across I- 84), the Snorting Bull Subdivision (aka— Woodbridge) to the north (in the City), and rural residential in unincorporated Ada County to the east.Although the property is within a larger unincorporated area, these unincorporated properties are surrounded by the City limits. This would be considered an infill area. • "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development or in the general vicinity. R-8 zoning and detached single-family homes in unincorporated Ada County are abundant in this immediate area. • Plan for connectivity between annexed parcels and county enclaves that may develop at a higher intensity. (3.03.04A) The property proposes to take access from S. Locust Grove, a principal arterial, via a common driveway within a 30 ft. wide easement. Per UDC 11-3A-3,for any property that takes direct access to an arterial and/or collector roadway, where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. Where access to a local street is not available, the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties. A new single-family residence has been built on the property to the north (820 S. Locust) and due to the position of the new structures there is not feasible access between it and the subject property. However, the house on the 0.92-acre property directly to the east(903 S. Tornio Ave) takes access directly from S. Torino Ave, a local road.As this property is within an unincorporated area characterized by houses constructed in the 1970s and is designated for medium density residential, annexation and redevelopment of this area could occur in the future. As a condition of approval,staff recommends the common drive extend to the eastern property line within a 30 ft. easement, so when the properties to the east are annexed into the city for redevelopment, access to the subject property can occur(via a private road) from S. Torino Ave and the S.Locust Grove access can be closed. • "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 along S. Locust Grove Rd. and can be extended by the developer with development in accord with UDC 11-3A-21. Staff finds this development to be generally consistent with the Comprehensive Plan. D. Existing Structures/Site Improvements: The property is presently vacant. Page 5 E. Proposed Use Analysis: The proposed use would be single family residential. This is a permitted use in the R-8 zoning district. F. Dimensional Standards(UDC 11-2): All proposed lots appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages,and road widths.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,common driveways and block face. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3)regarding common driveways. 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. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. G. Specific Use Standards(UDC 11-4-3): As required,only one(1) single-family dwelling is proposed per property. H. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): As this subdivision is only for four lots,the applicant has not submitted building elevations. However, due to the proximity to S.Locust Grove and visibility of the lots,staff recommends a development agreement provision that requires building elevations visible from S.Locust Grove Rd to incorporate a variety of building materials and 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. Single-story structures are exempt from this requirement.Planning approval will be required at time of building permit. 1. Access(UDC 11-3A-3, 11-3H-4): The subject lot presently takes access from S. Locust Grove Rd. As already mentioned in the Comprehensive Plan analysis above,per UDC 11-3A-3, for any property that takes direct access to an arterial and/or collector roadway,where access to a local street is available,the applicant shall reconfigure the site circulation plan to take access from such local street.Where access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties.As the properties directly to the east(as well as numerous other properties)are within unincorporated Ada County and could annex and redevelop in the future, Staff is recommending the common driveway shown in the short plat be extended to the eastern property line in a 30 ft wide easement. If the property to the east develops, access to the subject property shall occur(via a private road)from S. Torino Ave and the S. Locust Grove access be closed or used for emergency access only. J. 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. Future development should comply with these standards. Page 6 K. Sidewalks/Parkways(UDC 11-3A-17): Sidewalk already exists along the S. Locust Grove Rd property frontage. L. Landscaping(UDC 11-3B): The applicant will be required to install a 25' wide buffer along S. Locust Grove Rd. as is required for arterial streets. Per UDC 11-3B-7, all street landscape buffers shall be on a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners'association. This is not reflected as such on the plat. Staff has added this as a condition of approval prior to City Engineer signature. The landscape plan does not indicate whether there are any existing trees on the property that meet the preservation requirements of UDC 11-313-10. This should be reflected on the landscape plan prior to City Engineer signature. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing will be required to comply with the standards listed in UDC 11-3A-7. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 4,2022.At the public hearing,the Commission voted to recommend approval of the subject AZ and SHP request. 1. Summary of Commission public hearing: a. In favor: Jeremy Rausch b. In opposition: Stan and Elaine Sears,Patricia Christensen,Jeanette Tanner and Ryan and Glenna Newby c. Commenting. None d. Written testimony: See above in the opposition section. e. Staff presenting application: Bill Parsons 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. Extension of the common driveway to the eastern boundary. 4. Commission change(s)to Staff recommendation: a. Commission modified DA provision b. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on September 13,2022.At the public hearing,the Council moved to approve the subject AZ and SHP requests. I. Summary of the City Council public hearing: a. In favor:None b. In opposition: None C. Commenting:None d. Written testimony: David Palumbo and Shawn Freeman Page 7 e. Staff presenting application: Bill Parsons f Other Staff commentingon application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 8 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Ai',TNEXA`1'ION PROPERTY DESCRIPTION FOR JBI ELEMENTAL 870 S.Locust Grove A parcel of land lying in the NW1A SW114 of Section 17, Township 3 Noah, Range 1 East,Boise Meridian,Ada County,Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the South West corner of said Section 17,from which a Brass Cap marking the West 114 corner bears N.00°30'32"E. 2659.49 feet; thence along the West line of said Section 17 N.00°30'32"E.2359A9 feet to a point,said point being the POINT OF BEGINNING; Thence continuing N.00"30'32"E. 150.00 feet to a paint; Thence S.89°58'54"E. 300.04 feetlo a 112 inch iron pin; Thence 5,00030'32"W. 'I50.00 feat to a 112 inch iron pin; Thence N.89°58'54"W. 300.00 feet to the POINT OF BEGINNING, Said parcel contains 1.0 acres, more or less, and is subject to all existing easements and right-of--ways of record or implied. 4 � 15758 0 OF ► ! ,4 PQ� Page 9 Ic HG P6 R i. F9:k Of LSL1NMriS UM Tlm SEB'SB•54"E SG9'7a'31'E 732�' 2 �. +8ac aau' '!a7aa' � a..scr 3 4. n . 03 � I 3 a R Lsa'w ¢ 4 I SY i6E i 58Y ar 54"E 1 6ATY 37.00' �# n 1150'S6�S4�N � 3r PIM71 UI1 amy gs ao•w �I S SE8 SE'S4"E d�3' 64 7?` �—+ —__—___---81.20' --� `•` — •� fin®Mu S�54'w 9 g-w — — — 5'9 I F( N13 aa•� CF — BWU EARY LINE NOTESSElTM LINE CFDM4lX 19 MAX lv FM rpAw 59 2P —.._. ......m......,.r WIV-LOW Page 10 B. Short Plat(date: 5/20/2022) 25 I IPPIGATI0)N EASEmEHT LOT 2 LOT 3 ' 6775 5F : 8775 SF I LOT 1 ' I - LOT 4 10124 SF: i 10124 SF fl . I I tq M + I 3a' ACCESS, CRAINACE, -AwR U-nU-r'' EVENT SCAPE ASE)"T Ld exisTra15 I k\I SIOeww€ cn -41 -' ' S LOCUST GROVE ROAD- - '4,3 '- LOCUST GROVE STA;24+34.W — SI — SHARED DRIVEWAY STA; 10+00,04- Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 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, 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 development plan included in Section VII,Unified Development Code standards, and the provisions contained herein. b. The 20-foot common driveway shown in the short plat shall be extended to the eastern property line in a 30 ft wide ease me common lot and receive Fire Marshall approval to exceed 150 feet in accord with UDC 11-6C-3D. When the property to the east annexes into the City and develops, access to the subject property shall occur from S. Torino Ave. and the existing S. Locust Grove Road access shall be closed or used for emergency access purposes only. c. Building elevations visible from S. Locust Grove Rd shall incorporate a variety of building materials and 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. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. 2. Prior to City Engineer signature,the short plat shall be revised to indicate the street landscape buffers on a common lot or on a permanent dedicated buffer easement,maintained by a property owner, or homeowner's association per UDC 11-3B-7. 3. Prior to recordation of the annexation ordinance,the applicant shall submit a revised annexation boundary exhibit. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the short plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 8. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. Page 12 9. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 11. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Due to proximity of water service to the infiltration trench services must be sleeved for 10 feet past the trench on each side. 2. Due to proximity of sewer service to the infiltration trench services must be sleeved for 2 feet past the trench on each side. 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 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for Page 13 more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. Page 14 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. C. ADA COUNTY HIGHWAY DISTRICT https:llweblink.meridiancily.org/WebLinkIDocView.aspx?id=266244&dbid=0&redo=MeridianCit V&cr=1 D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.or /WebLinkIDocView.aspx?id=266773&dbid=0&redo=MeridianCit X E. NMID https:llweblink.meridiancily.or /WebLinkIDocView.aspx?id=266212&dbid=0&redo=MeridianCit X Page 15 IX. FINDINGS A. ANNEXATION AND ZONING 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-8 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section VIII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 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 all oral or written testimony 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 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 The Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VIII. B. SHORT PLAT In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential with a density range of 3-8 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 16 The Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; The Council finds that the development will not require major expenditures for providing supporting services.The developer and/or future lot owner(s)will finance improvements for sewer, water,utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and The Council finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 17 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: First Amendment to Recipient Agreement Between City of Meridian and American Legion Post 113 for Fiscal Year 2022 Neighborhood Grant Funds FIRST AMENDMENT to RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND AMERICAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS This FIRST AMENDMENT to RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND AMERICAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS ("First Amendment") is entered into this 27th day of September 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and American Legion Post 113, an informally organized nonprofit organization("Recipient"). WHEREAS, on August 23, 2022, the Parties entered into a Recipient Agreement between City of Meridian and American Legion Post 113 for FY22 Neighborhood Grant Funds ("August 23, 2022 Agreement"); WHEREAS,the Parties seek by this First Amendment to modify enumerated provisions of the August 23, 2022 Recipient Agreement; NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: A. TERM MODIFIED. Sections I.B, I.C, and LE of the August 23,2022 Agreement shall be modified in part to read as follows: B.Time of Performance. Services of Recipient shall start the Project on or before December 1, 2022 and shall complete the Project by September 30, 2023. C.Budget.Recipient shall use the Funds to complete the Project in accordance with the budget set forth in Exhibit B. All Funds unused as of September 30, 2023 shall be returned to the City. E.Closeout. By October 6, 2023,Recipient shall submit a final report to City. The final report shall include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing use of Neighborhood Grant funds, partner organization funds, and in- kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. B. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original August 23, 2022 Agreement shall remain in full force and effect. No other understanding,whether oral or written,whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the August 23, 2022 Agreement or this amendment thereto. FIRST AMENDMENT TO FY22 NEIGHBORHOOD GRANT AGREEMENT PAGE 1 IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. RECIPIENT: chard L. Dees American Legion Post 113 CITY OF MERIDIAN: BY: Robert E. Simison 9-27-2022 Mayor - Attest: Chris Johnson 9-27-2022 City Clerk FIRST AMENDMENT TO FY22 NEIGHBORHOOD GRANT AGREEMENT PAGE 2 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Approval of Construction Contract for the Sewer Main Replacement (Five Mile Trunk Relief) E. Broadway— NE 3rd to NE 6th Project to Mountain Companies, LLC for the Not-To-Exceed amount of$795,220.00 C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 9/20/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of Construction Contract for the Sewer Main Replacement (Five Mile Trunk Relief) E. Broadway - NE 3rd to NE 6th project to Mountain Companies, LLC for the Not-To-Exceed amount of$795,220.00. Recommended Council Action: Background: This contract is the result of a formal bid, 2 bids were received. CONTRACT FOR PUBLIC WORKS CONSTRUCTION SEWER MAIN EXTENSION (FIVE MILE TRUNK RELIEF) E. BROADWAY NE 3rd TO NE 6th PROJECT # 10671.b THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 13t" day of September, 2022, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, MOUNTAIN COMPANIES, LLC hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 191285, Boise, ID 83919 and whose Public Works Contractor License # is 0 5 3 5 3 3 . INTRODUCTION Whereas, the City has a need for services involving Sewer Main Extension 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. SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 1 of 14 10671.b 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 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 $795,220.00. 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. SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 2 of 14 10671.b 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. 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 120 (one hundred twenty) 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$500 (five hundred dollars) per calendar ay. Suchpayment shall be construed to be liquidated damages by the Contractor in lieu ofany 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 150 (one hundred fifty) 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 $500 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages bythe Contractor in lieu of anyclaim ordamage because ofsuch 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 SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 3 of 14 10671.b 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 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. SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 4 of 14 10671.b 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 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. SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 5 of 14 10671.b 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. 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. SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 6 of 14 10671.b 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. 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.orq/environmental.aspx?id=13618. 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 SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 7 of 14 10671.b 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. 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 ensure 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: SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 8 of 14 10671.b 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 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 SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 9 of 14 10671.b 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. 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 Mountain Companies, LLC Procurement Manager Attn: Zac O'Kelley 33 E Broadway Ave. P.O. Box 191285 Meridian, ID 83642 Boise, ID 83919 208-489-0417 Phone: 208-941-6805 Email: zac.okelley@mtncompanies.com Idaho Public Works License #: 053533 Either party may change their address for the purpose of this paragraph by giving SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 10 of 14 10671.b 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 MOUNTAIN COM N S -kLC Y BY: BY: KEITH WATTS, Procurement Manger ZAC EY 9-27-2022 DATED: DAT D Approved by Council Date: 9-27-2022 Project Manager Jared Hale SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E.BROADWAY NE 3RD TO NE 6TH page 11 of 14 10671.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2247-10671.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package, are by this reference made a part hereof. SPECIFICATIONS / 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: • Construction Plans (6 pages) by Civil Survey Engineers dated 1/18/2022 • Special Provisions (59 pages) by Civil Survey Engineers dated 1/18/22 SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 12 of 14 10671.b Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $795,220.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion (120) Days from Notice to Proceed Milestone 2 Final Completion (150) Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required per ITB #PW-2247-10671 .B. NOT-TO-EXCEED AMOUNT.............................................$795,220 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. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 205.4.1.13.1. DEWATERING 1 LS $40,000 306.4.1.C.1. IMPORTED TRENCH BACKFILL, TYPE A 500 CY $12 PREAPPROVAL REQUIRED 307.4.1.E.1. TYPE C SURFACE RESTORATION 36 SY $37 307.4.1.G.1. TYPE P SURFACE RESTORATION 908 SY $64 501.4.1.B.1. 18" PVC, ASTM F679, PS46,SANITARY 708 LF $205 SEWER PIPE 502.4.1.A.1. 48" STANDARD SANITARY SEWER 3 EA $15,000 MANHOLE, TYPE A 503.4.1.A.3.a4" SEWER SERVICE CLEANOUT 19 EA $550 503.4.1.A.3.b 6" SEWER SERVICE CLEANOUT 5 EA $600 504.4.1.A.1.a4" PVC, ASTM D3034, DR35, SEWER SERVICE PIPE 1,616 LF $130 504.4.1.A.1.b 6" PVC, ASTM D3034, DR35, SEWER 350 LF $130 SERVICE PIPE 504.4.1.D.1.a4" SEWER SERVICE CONNECTION TO 13 EA $1,000 MAIN 504.4.1.D.1.b6" SEWER SERVICE CONNECTION TO 2 EA $1,000 1. MAIN 504.4.1.D.1.c CONNECT EXISTING SEWER SERVICE 1 1 EA $8,300 SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E.BROADWAY NE 3RD TO NE 6T" page 13 of 14 10671.b TO NEW SEWER MAIN 512.4.1.A.1. SEWAGE BYPASS SYSTEM 1 LS $2,500 706.4.1.G.1. CONCRETE REPAIR 37 SY $236 1001.4.1.A.1. SEDIMENT CONTROL 1 LS $3,500 1003.4.1.G.1.STRAW WATTLE 600 LF $2.6 1006.4.1.C.1. INLET PROTECTION 7 EA $52 1103.4.1.A.1. CONSTRUCTION TRAFFIC CONTROL 1 LS $15,000 2010.4.1.A.1. MOBILIZATION 1 LS $85,200 SP-1 REMOVE EXISTING 18" SEWER MAIN 382 LF $25 SP-2 LAWN SOD RESTORATION 590 SF $10 SP-3 BORE SEWER SERVICE LINE IN TO 5 EA $15,000 AVOID TREE ROOTS SEWER MAIN EXTENSION-FIVE MILE TRUCK RELIF E. BROADWAY NE 3RD TO NE 6T" page 14 of 14 10671.b CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 9/12/2022 REQUESTING DEPARTMENT PUBLIC WORKS Project Name: SEWER MAIN REPLACEMENT-E. BROADWAY-NE 3rd to NE 6th Project Manager: Jared Hale Contract Amount: $795,220 Contractor/Consultant/Design Engineer: Mountain Companies, LLC Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3590 Yes 0 No ❑ Construction ❑ GL Account 93505&95000 FY Budget: FY22 Task Order ❑ Project Number: 10371.1b Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes 0 No ❑ Grant ❑ IV. PROCUREMENT USE ONLY-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 Bid 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: 9/12/2022 7 day protest period ends: September 19,2022 VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 53533 Expiration Date: 4/30/2023 Corporation Status Active- Existing Insurance Certificates Received(Date): 9/2/2022 Expiration Date: 3/19/2023 Rating: A+ Payment and Performance Bonds Received(Date): 9/6/2022 Rating: A Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) VII. 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: Enter Supervisor Name Date Approve Vill. PROCUREMENT USE ONLY- AWARD INFORMATION Date Submitted to Clerk for Agenda: September 12,2022 Approval Date 9-27-2022 By: Meridian Mayor and City Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: First Amendment to Recipient Agreement Between City of Meridian and Meridian Co-Op of Gardeners for Fiscal Year 2022 Neighborhood Grant Funds FIRST AMENDMENT to RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN CO-OP GARDENERS FOR FY22 NEIGHBORHOOD GRANT FUNDS This FIRST AMENDMENT to RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN CO-OP GARDENERS FOR FY22 NEIGHBORHOOD GRANT FUNDS ("First Amendment") is entered into this 27th day of_ September 2022,by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Co-op Gardeners, an informally organized nonprofit organization ("Recipient"). WHEREAS, on August 23, 2022, the Parties entered into a Recipient Agreement between City of Meridian and Meridian Co-Op Gardeners for FY22 Neighborhood Grant Funds ("August 23, 2022 Agreement"); WHEREAS,the Parties seek by this First Amendment to modify enumerated provisions of the August 23, 2022 Recipient Agreement; NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: A. TERM MODIFIED. Sections I.B, I.C, and I.E of the of the August 23, 2022 Agreement shall be modified to read as follows: B. Time of Performance. Services of Recipient shall start the Project on or before December 1, 2022 and shall complete the Project by September 30, 2023. C. Budget. Recipient shall use the Funds to complete the Project in accordance with the budget set forth in Exhibit B. All Funds unused as of September 30, 2023 shall be returned to the City. E. Closeout.By October 6, 2023, Recipient shall submit a final report to City. The final report shall include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing use of Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. B. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original August 23, 2022 Agreement shall remain in full force and effect. No other understanding,whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the August 23, 2022 Agreement or this amendment thereto. FIRST AMENDMENT TO FY22 NEIGHBORHOOD GRANT AGREEMENT PAGE 1 IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. RECIPIENT: a Ju ' e Bokenkamp dian Co-Op Gardeners CITY OF MERIDIAN: BY: Robert E. Simison 9-27-2022 Mayor Attest: Chris Johnson 9-27-2022 City Clerk FIRST AMENDMENT TO FY22 NEIGHBORHOOD GRANT AGREEMENT PAGE 2 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Future Installation Agreement for Eight (8) Streetlights Along S. Locust Grove Frontage for the Property of Apex SE Subdivisions No. 1 and No. 2 for Smith Brighton Inc. Mayor Robert Simison E Njt1D DTAN �� City Council Members Tre Bernt Joe Borton Public Works H V Luke Cavener Brad Hoaglun Department Jessica Perreault - Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Micah Bandurraga—Transportation and Utility Coordinator DATE: 09/08/2022 SUBJECT: AGREEMENT TO HOLD SURETY WITH THE CITY OF MERIDIAN FOR THE INSTALLATION OF(8) STREETLIGHTS ALONG S. LOCUST GROVE FRONTAGE REQUESTED COUNCIL DATE: 09/27/2022 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Smith Brighton Inc. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Micah Bandurraga, TUC 208-489-0370 Clint Dolsby, Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey,Director of Public Works 208-985-1259 III. DESCRIPTION A. Background One of the site specific conditions of approval for the Apex SE Subdivisions No. 1 and No. 2 was to install eight (8) streetlights along S. Locust Grove. Due to ACHD widening S. Locust Grove at this location the City of Meridian has accepted a surety deposit of eighty-eight thousand dollars and zero cents ($88,000.00) and granted Smith Brighton a grace period of installing the streetlights no later than 10/31/2023. Page I of 2 B. Proposed Project Pursuant to the attached agreement with Smith Brighton Inc.the City of Meridian will hold eighty-eight thousand dollars and zero cents ($88,000.00) in surety until the time that the eight (8) streetlights are installed and accepted by the City of Meridian.At the time of acceptance,the City will release said funds. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2021-2025 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will reimburse the City of Meridian for funds spent to enhance public safety along S. Locust Grove. V. TIME CONSTRAINTS Council approval of this agreement will allow Smith Brighton Inc. to finalize the agreement and meet this portion of the lighting requirements for final plat approval. VII. LIST OF ATTACHMENTS Agreement to Accept Payment as a surety for the installation of eight (8) streetlights along S. Locust Grove frontage for the property of Apex SE Subdivisions No.1 and No. 2 for Smith Brighton Inc. Approved for Council Agenda: Page 2 of 2 ADA COUNTY RECORDER Phil McGrane 2022-082463 BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 09/28/2022 08:46 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian, ID 83642 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATIONI THIS AGREEMENT for streetlight deposit("Agreement"), made this 27thday of September 2022 ("Effective Date") by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and Smith Brighton Inc., whose address is 2929 W. Navigator Dr. Ste. 400 Meridian, Idaho ("Property Owner"). WHEREAS, Property Owner is the owner of Ada County Parcel # S1405223035, more particularly described as PAR#3035 OF W2NW4 SEC 5 2N lE#223030-S, City of Meridian, Ada County, Idaho,which parcel is part of the Apex Subdivision("Subject Property"); WHEREAS, the Development Agreement between City and Brighton Development, Inc. recorded with Ada County on February 23, 2022 as instrument no. 2022-018711,requires the installation of streetlights on the Subject Property pursuant to a duly approved streetlight plan; WHEREAS, the Streetlight permit nos. C-STLT-2022-0019 and C-STLT-2021-0065, attached hereto as Exhibit A, and streetlight plans approved pursuant thereto, attached hereto as Exhibit B,require the installation of eight (8) streetlights on Subject Property, along S. Locust Grove Road("Streetlights"); WHEREAS, Unified Development Code ("UDC") section 11-5C-3(B) authorizes Property Owner to post a performance surety for such improvements that are needed; WHEREAS,UDC section 11-5C-3(D) authorizes sureties in the form of a cash deposit; and, WHEREAS,under UDC section 11-5C-4, if Property Owner fails to complete the public improvements in the time period required, the City Council may proceed to have such work completed at Property Owner's expense; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: .COMMITMENTS BY PROPERTY OWNER. A. Deposit. By September 15, 2022, Property Owner shall pay a deposit to City in the amount of Eighty-Eight Thousand Dollars and Zero Cents ($88,000.00). AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE I B. Installation. Property Owner shall obtain all necessary permits, inspections, and plan approvals for the installation of the Streetlights, and install the Streetlights,by October 31, 2023. Property Owner shall comply with all applicable laws, including Meridian City Code and the City of Meridian Improvement Standards for Street Lighting. C. Demand for return of Deposit. Within thirty(30) days of Property Owner's installation of the Streetlights and completion of all necessary inspections in compliance with applicable codes,Property Owner shall provide to City a written demand for the return of the Deposit. D. Consent to entry. Property Owner shall, and hereby does,provide to the City perpetual consent and access to enter the Subject Property for the purpose of inspecting or installing Streetlights and related infrastructure. Except in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide Property Owner at least twenty-four (24)hours prior notice of such entry. Such notice may be verbal, written, or be posted at the Subject Property. E. Additional expense for installation. If Property Owner forfeits the Deposit due to failure to comply with this Agreement, and City installs the Streetlights,Property Owner shall be responsible for paying to City any amount exceeding the Deposit within thirty (30) days of City's invoice therefor. II. COMMITMENTS BY CITY. A. Recordation. City shall record this Agreement, and shall submit proof of such recording to Property Owner. B. Hold Deposit. City shall hold Property Owner's Deposit until Property Owner installs Streetlights as required by this Agreement. C. Return of Deposit. Within thirty(30) days of Property Owner's installation of the Streetlights, completion of all necessary inspections in compliance with applicable codes, and City's receipt of Property Owner's written demand for the return of the Deposit, City shall return the Deposit to Property Owner. D. Failure to install Streetlights.If Property Owner fails to install the Streetlights before the Due Date, Property Owner shall forfeit the Deposit to City, and City shall install the Streetlight at Property Owner's sole expense. III. GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. B. Remedies. In the event of Property Owner's default, in addition to other remedies specified herein or available at law or in equity, the City may withhold building, AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 2 electrical, plumbing permits, certificates of zoning compliance, or certificates of occupancy for the Subject Property or improvements thereon,until Streetlights are installed as required. C. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or Property Owner, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition,remedies available to City shall include, but shall not be limited to, a lien on the property, collections, or revocation of land use approvals and/or certificates of occupancy for buildings on the Subject Property. D. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail,postage prepaid, addressed as follows: If to City: If to Property Owner: City of Meridian Smith Brighton Inc. City Clerk 2929 W. Navigator Dr. Ste. 400 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. E. Time is of the essence. The Parties 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 and default hereunder by the Party so failing to perform. F. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. G. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. H. 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 fees as determined by AGREEMENT To ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 3 such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. I. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. J. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. K. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 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. The City's ordinances appertaining to streetlight installation and maintenance, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. L. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. M. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. N. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the Effective Date first above written. AGREEMENT To ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 4 Property O ner: STATE OF IDAHO ) ) ss: County of,� — ) I HEREBY LEIS ITFY that on day of Smith Brigh on Inc. 2022,before the undersigned,a Notary Public in the fate of Robert L. Phillips, COO Idaho,personally appeared Robert L.Phillips,proven to me to be the person who executed the said instrument,and acknowledged to me that such person 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 abo written. SHARI VAUGHAN Notary Public for Idaho Notary Public-State of Idaho Commission Number 20181002 Residing at l�ttQl� —I -) ,Idaho My Commission Expires Jun 1, 2024 �r My Commission Expires: - CITY OF MERIDIAN: Attest: Robert E.t)O n 9-27-2022 Chris Johnson 9-27-2022 Mayor City Clerk STATE OF IDAHO ) ss County of Ada ) I HEREBY CERTIFY that on this 27th day of September 2022,before the undersigned,personally appeared ROBERT E. SIMISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, 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 in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires:_3_28-2022 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 5 %...ustomer rermit ana Kecelpi E IDIANI.'�-- ' City of Meridian 33 E. Broadway Ave. Suite 102 Meridian, ID 83642 I D A H O Building Services - PH: 887-2211 / FAX: 887-1297 Planning - PH: 884-5533 / FAX: 888-6854 Commercial Electrical Street Light Permit Project Name Apex Se SUIb #1 Application Number C-STLT-2021-0065 Applicant Steven Ragan Applicant Address 502 E 45Th St., Boise, ID 83714 Project Address Subdivision Meridian Lot Block 1 Professional Electrical ALLOWAY ELECTRIC CO INC Address: 502 E 45th St Phone: 208-344-2508 GARDEN CITY, ID 83714 Fax: Payor Alloway Electric Co Inc 502 E. 45TH ST , BOISE ID US 2083442508 Feq& ,Receipts: Description Amount 749324 Base Fee 10001 or more $1,121.30 Convenience Fee(s) $2.50 Total Fees: $1,123.80 105851 ACH (10/25/2021) $1,123.80 Total Receipts: $1,123.80 7 Balance Due: $0.00 City of Meridian, Building Services C�/((E 33 E. Broadway Ave. Suite 102 IDIAN.;,- ,. Meridian, ID 83642 PH: 208-887-2211 https://citizenportal.meridiancity.org/CitizenAccess/ Electrical Permit Issued Date: 05/09/2022 Permit Number: C-STLT-2022-0019 Application Name Apex Se Sub #2- Street Lighting Parcel Number: R5672000010 Address: 33 E Broadway Ave Meridian, Id 83642 Subdivision: Meridian Townsite Amd Lot(s): Block: 1 Contractors Electrical ALLOWAY ELECTRIC CO INC Address: 502 E 45th St Phone: 208-344-2508 State Lic. & Reg.#: ELE-C-131 GARDEN CITY, ID 83714 FAX: Expiration Date: 10/31/2022 Fees and Receipts: Number Description Amount Convenience Fee(s) $2.50 805564 Base Fee 10001 or more $660.30 Total Fees: $662.80 116173 ACH $662.80 Total Receipts: $662.80 Balance Due: $0.00 I LITI QU - �--- ~ O O 1 O C. 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IOU REVISIONS Sn k APEX SOUTHEAST SUBDIVISION NO.2 Nam; MERIDIAN,IDAHO �s3°: ROADWAY IMPROVEMENT PLANS £ `'•�Z STIEET LIGHT PLAN I G I n. ts -�73 � I � O O o t I I ! �/ III / I {• •ur�x.xt nvt I _ _ I _ I_ 5 ©Ca) ®r 6- I O 1 0 l m a egg",,sA 5& -g G °` -P z $ mCsF ncay}x 3-A: g e aq t L Is qY� StQP �g1a ;i�� a S ,�7 Rk�,o� :� � 8�r, RcS •• � �fi �� Z , s i a 4 E�pa€�A 3 Ej,c;A- Y . Yi �F�x:�& S`�`,�� •}-S ��'G f F ems' F^ ! n„R ® „ €FYKI it SA gsgg a'e�g1; 2' acj C CY� q' � ? Y° �T �YAY S,s"_!A = gg T"". 6. � s PA €,a SsiF m a=g; ;T 5 APEX SOUTHEAST SUBDIVISION NO.2 REVISIONS MERIDIAN,IDAHO N -^ ROADWAY IMPROVEMENT PLANS $ x a m E f+ 9=s STREET LIGHT PLAN �G RE86c EXHIBIT B SHEET NOTES CITY OF MERIDIAN STREET LIGHT NOTES A CONTRACTOR TO VERIFY STREET LIGHT LOCATIONS KITH CITY OF I.IER,D,AN AND ACHD PRIOR TO INSTALLATION I ALL STREET LIGHT CONSTRUCTION SHALL BE DONE IN ACCORDANCE WITH THE CURRENT VERSION OF AND NOTIFY ENGINEER IF SAFELY HAZARDS OR UTILITY THE ISPAC.THE MERIDIAN SUPPLEMENTAL SPECIFICATIONS TO THE ISPVrC,AND THE NATIONAL C014PLICTS EXIST. ELECTRIC CODE 2 A STREET LIGHTING ELECTRICAL PERMIT SHALL BE OPENED PRIOR TO STARTING WORK. USE THE B. STREET LIGHTS SHALL BE O-VIED/IJAI:TAINEO BY THE ONLINE CITIZEN PORTAL ATntgs//ri6xenporlol.me,;dlora1y.c,g/ClGtenAetess/ TO OPEN A PERMIT Cm OF MERIDIANt AND REOUEST INSPECTIONS. C. SERVICE - ALL STREET LIGHTS SHALL. HAVE 3, INSTALLATION INILL REOUIRE INSPECTIONS FOR THE CONCRETE BASE REINFORCING. BEDDING. BACKrILL. UNDERGROUND ELECTRICAL SERVICES PROVIDED. SERXE AND FOR THE POLE AND ASSOCLSIED WIRING. VOLTASE SHALL BE 120 OR 240 VOLTS ONLY. A. STREET LIGHT BASES SHALL BE LOCATED 10' MIN. FROM TREES. 5' MIN TROY FIRE HYDRANTS AND C0141RACTOR SHALL DETERMINE CONDUII SLEEVE 2' MIN. FROM WATER METERS. LOCATIONS. SIZES. AND AMOUNT REQUIRED AT ALL 5. KEEP ACCURATE NOTES OF CONDUIT, JUNCTION BOX LOCATIONS. ATTACH A REDEFINED AS BUILT UTILITY AND PAVEMENT CROSSINGS. DRAWING OF THE PLAN SHEET TO THE STREET LIGHTING ELECTRICAL PERMIT. OR SUBMIT A HARD D METERI!NG - CONTRACTOR SHALL COORDINATE METER COPE 10 THE MERiO1A!J PUBLIC WORKS DEPARTMENT PRIOR TO REOUESIING FINAL INSPECTION. LOCATIONS WITH IDAHO POWER AND CITY OF MERINAN 6, CONTACT THE CITY TRANSPORTATION AND UTILITY COORDINATOR (206) 898-5500 FOR OUESTIONS REGARDING UTILITY CONFLICTS,OR TO ACCESS LOCKED METER PEDESTALS. WHERE A METERED SYSTEM IS REOUIRED, NEW DEVELOPMENTS SHALL INSTALL CONDUIT WITH ONE NO. LEGEND 10 STRA94DED PULLWIRE FROM THE LAST LIGHT ON EACH END OF THE SYSTEM TO THE ADJACENT PROPERTY U!;E ON A STUBBED STREET, WHERE THE ADJACENT PROPERTY � HAS NO EXISTING STREET LIGHT SYSTEM. THIS WILL 7 78�, INSTALL TYPE 1 STREET LIGHT POLE WITH LUMINPRE IN ACCORDANCE WITH THE CITY OF MERIDIAN, ALLOW FOR THE CONTINUATION OF THE STREET LIGHTS DEPARTMIENT OF PUBLIC WORKS I.IPROVEMENT STANDARDS FOR STREET LIGHTING, AND THE MOST WHEN THE ADJACENT PROPERTY IS DEVELOPED. CURRENT CITY OF MERIDIAN SUPPLEMENTAL SPECIFICATIONNS AND DRAWINGS TO THE ISPWC. TYPE 1 STREET LIGHT POLES SHALL BE ROUND STEEL POWDER-COATED BLACH PER THE CITY OF MERIDLvJ SUPPLEMENTAL SPECIFICATIONS DRAWING 11. CONTRACTOR SHALL COORDINAIE (NOMINAL MOUNTING HEIGHT AND NAST ARM LENGTH WITH CITY PRIOR TO INSTALLATION. LUMINAIRES SHALL BE LED FIXTURES THAT ARE ON THE APPROVED FIXTURE LIST (SEE APPROVED LED FIXTURE LIST FOR STREET LIGHTING),OR HAVE BEEN PRE-APPROVED IN WRITING BY THE CITY'S TRANSPORTATION AND UTILITY COORDINATOR. INSTALL TYPE 2 STREET LIGHT POLE WITH LUMINAIRE IN ACCORDANCE WITH THE CITY OF MERIDWN, DEPARTMENT OF PUBLIC WORKS IMPROVEMENT STANDldNDS FOR STREET LIGHTING, AND THE MOST CURRENT CITY OF MERIDIAN SUPPLEMENTAL SPECIFICATIONS AND DRAWINGS TO THE ISPVIC. TYPE 2 STREET LIGHT POLES SHALL BE 25' NOMINAL MOUNTING HEIGHT, SOUARE STEEL WITH BRONZE POLYESTER COATING AND CONFORM 10 THE SUPPLEMENTAL SPECIFICATIONS. LUMINAIRES SHALL BE LED FIXTURES THAT ARE ON THE APPROVED FIXTURE UST (SEE APPROVED LED FIXTURE LIST FOR STREET LIGHTING), OR HAVE BEEN PRE-APPROVED IN WRITING BY THE CITr'S TRANSPORTATION AND 0 80 160 240 UTILITY COORDINATOR, EXISTING TYPE 1 STREET LIGHT Plan Scale:1"=90' EXISTING TYPE 2 STREET LIGHT rand/of E IDIAN` APPROVED FOR CONSTRUCTION e plans and/or specd,eellons have been reviewed(or mnpliance Meridian City Standards and Specriicabons.This review does nut e tie owner,engineer,or u,ntractur of the respunsibillty to design construct those facilities in compliance with ell current applicable ederal,stale,and local laws,rules,tegulalidns,ordinances, development agreements,speciGalions,orders of approvals,all of which tie City retains the right to enforce.Inconsistencies not noted by City staff shall not be construed as approved unless specl(Ically addressed in wiling by the City.Any pfopused revision to these plans trust be submitted fur review and compliance with the Meridian City Standards and Specifications before said tevis;on Is cahstucled. Narne soDrian Date May 12 2021 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Future Installation Agreement for Eight (8) Streetlights Along Chinden Blvd. Frontage for the Property of Modern Craftsman for Baron Property Services LLC Mayor Robert Simison Ve I DIAN���� _City Council Mmbers Tre Bernt Joe Borton Public Works � D A H O Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Micah Bandurraga—Transportation and Utility Coordinator DATE: 09/08/2022 SUBJECT: AGREEMENT FOR THE CITY OF MERIDIAN TO COLLECT FUNDS IN LIEU OF THE INSTALLATION OF (8) STREETLIGHTS ALONG CHINDEN BLVD FRONTAGE REQUESTED COUNCIL DATE: 09/27/2022 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Baron Property Services LLC. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Micah Bandurraga, TUC 208-489-0370 Clint Dolsby,Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background One of the site specific conditions of approval for the Modern Craftsman (Puma Subdivision)was to install eight(8)streetlights along Chinden Blvd. Due to ITD's future widening of Chinden Blvd at this location the City of Meridian has accepted a deposit of one-hundred forty thousand dollars and zero cents ($140,000.00) in lieu of installing the streetlights and at the time of final build-out the City will utilize these funds to install said streetlights. Page 1 of 2 B. Proposed Project Pursuant to the attached agreement with Baron Property Services LLC. the City of Meridian will accept one-hundred forty thousand dollars and zero cents ($140,000.00) in lieu of the installation of the eight (8) streetlights until the time that ITD performs the final build-out of Chinden Blvd and the City of Meridian will install the eight (8) streetlights. IV. IMPACT A. Strate$zic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2021-2025 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will accept funds for the City of Meridian for future installation to enhance public safety along Chinden Blvd. V. TIME CONSTRAINTS Council approval of this agreement will allow Baron Property Services LLC to finalize the agreement and meet this portion of the lighting requirements for final plat approval. VII. LIST OF ATTACHMENTS Agreement to Accept Payment for the future installation of eight(8) streetlights along Chinden Blvd frontage for the property of Modern Craftsman for Baron Property Services LLC. Approved for Council Agenda: Page 2 of 2 AGREEMENT TO ACCEPT PAVMENT IN LIEU OF INSTALLiNG STREETLIGHTS AT PUMA SUBDIVISION This AGREEMENT TO ACCEPT PAYMENT iN LIEU OF INSTALLING STREETi.IGIH, AT PUMA SUBDIVISION ("Agreement"). made this27thof Sept. . 2022 ("ET1ective Date") between the City of Meridian, a municipal corporation organized under the laws of the State of' Idaho, whose address is 33 East Broadwav Avenue. Meridian. Idaho ("City"). and Baron Property Services LLC. whose address is 1401 17" Street. Suite 700. Denver. CO 90202 ("Property Owner"'). WHEREAS. Property (honer is the owner of Punta Subdivision, located generally on the north side of the intersection of Black Cat Road and Chinden Boulevard. in Meridian. Idaho ("Subdivision' ): WHEREAS. Property Owner is cruTently unable to install the required streetlights along Chinden Boulevard, because the road has not been built out to its ultimate width: and. WHEREAS. once Chinden Boulevard is widened. City is willing to install the required streetlights lollowing Property O,.vner's payment to City of the estimated 11110LIllt necessary to install such streetlights; WHEREAS. one ofthe Site-Specific Conditions of Approval ofCitv's approval ofLD- RSUB-2021-0042. is that Property (honer must pay City of Meridian One hundred-forty thousand dollars and zero cents ($140.000.00) in lieu ofinstalling eight (8) streetlights on the South side of' the Subdivision. along Chinden Boulevard ("Location"): NOW THEREFORE, for good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged and agreed. and in consideration of the 111lltUal promises and covenants herein contained, and in consideration of the recitals above.which are incorporated herein. the Parties agree as follows: I. CONINIFFINIENTS M PROPFRTI M NER. A. Payment. By September 15. 2022. Property Owner shall pay to City one hundred forty thousand dollars and zero cents ($140.000.00). for the installation ofeight (8) streetlights at Location. B. Consent to entry. Property (honer shall, and hereby does. provide to the City perpetual consent and access to enter the Subdivision for the purpose of inspecting or installing streetlights and related infrastructure. Except in the event ofan imminent or realized threat to the public health. safety. or welfare. City shall provide Property Owner at least twenty- I011l- (24) IIOUI'S prior notice Of SLIC11 eiltry. SUCK notice may he verbal, written. or be posted at Location. II. COMMITMENTS BV CITY. A. Installation. City agrees to accept the amount set forth in this Agreement in lieu of requiring Property Owner to install the eight (8) streetlights at Location. A(:REENIE\I To Mvurr PAYMENT IN LIEU OF INSIALLAI10\ OFSIREI-7IAGIIIti B. Payment of additional expense for installation. Upon Property O,wner's payment ofthe anlcnult set forth herein. the requirement in LD-RSUB-2021-0042 to install the eight (8) streetlights at Location shall be considered satisfied. Cite shall be responsible for any additional cost of installation of streetlights beyond the anlount paid by Property O,yncr under this Agreenlent. 111. (;F:NERAL PIMVISMNS. A. Default. Any Iailure to perform the terms and conditions of this Agreenlent. or any portion thereof; shall be a default hereunder. B. Notices. Any notice desired by the Parties or required by this Agreenlent shall be deenled delivered after deposit in the United States Mail. postage prepaid. addressed as lollovvs: i f to City: I f to Property ONvner: City of Meridian Baron Property Services, LLC City Clerk 1401 17"' Street Suite 700 331 E. Broadway Ave. Denver. CO 80202 Meridian, Idaho 83642 Either Party may change its address file the purpose ofthis section by delivering to the other Party written notification of such change. establishing a new address for noticing Purposes. in accordance with the requirements of this section. C. Time is of the essence. The Parties 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 ofthe obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. 1). Seyerability. If any provision of this Agreenlent is held invalid by a court of competent jurisdiction. such provision shall be deemed to be excised herefronl and the invalidity thereof shall not affect any other provision or provisions contained herein. E. 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 attorne} lees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive. inter alia. any default, tern ination, of tol-feltl.11'e of this Agreelllellt. F. Final Agreement. This Agreement sets forth all promises. inducements, agreements. conditions, and understandings between City and Property (honer relative to the subject matter hereof: and there are no promises, agreements, conditions, or understandings. either oral or written. express or implied. between City and Property O\yner. other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change. or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. (:. Non-waiver. Failure of either Party to promptly enforce the stl-ict pedon-ilance of any te1-11) of this Agreenlent shall not constitute a waiver or relinquishment of any Party's right to A(:ul.l_Nlex r To Accl-:r r PAYMENT IN LI EII OF P vIv 2 thereafter enforce such teen. and any right or remedy hereunder may he asserted at any time after either party becomes entitled to the benefit thereof. notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise. the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Compliance with laws. Throughout the course of this Agreement. the Parties shall comply with all applicable laws. ordinances. and codes of federal. State. and local governments. This Agreement shall be governed by and construed and enforced in accordance ,vith the laws of the State ofI daho. and the ordinances of the Citv of Meridian. The City's ordinances appertaining to streetlight installation and maintenance. and any prospective amendments to and/or recodifications thereof: are specifically and xvithout limitation irfcorporated into this Agreement as il'set forth fully herein. 1. Advice of attorney. Each party warrants and represents that in executing this Agreement. it has received independent legal advice from its attorney or the opportunity to seek such advice. .1. Warranty of authority. Each party to this Agreement represents and -warrants that the execution, delivery. and performance ofthis Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. K. Approval Required: "phis Agreement shall not become el'lective or binding until approved by the City COLmCiI of the City of Meridian. IN WITNESS WHEREOF. the parties shall cauu this Agreement to he executed bN, their duly authorized officers the 1:17ecti\e Date first ahoy e \\ritten. Property Oh%ner: aron pe S ?S� ff R' s, ai a CITY OF MERIDIAN: Attest: Robert E. Simison 9-27-2022 Chris Johnson 9-27-2022 Mavor City Clerk A(;KI•:I.%IF.Ni ToAcci-,I'rPAYMENTINLIEUOFIxsr:u.►.KnoxOrSrI(Ia:n.►cnIS I'.u;I:3 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Development Agreements for Black Cat Industrial Project (H-2021-0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, and 955 S. Black Cat Rd. and Parcel S1216131860 ADA COUNTY RECORDER Phil McGrane 2022-082460 BOISE IDAHO Pgs=96 BONNIE OBERBILLIG 09/28/2022 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT A Ee T PARTIES: 1 City of Meridian (City) 2. Lynn L. Moore THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into tilis 27t _ day o o t rrl r , 2022, by and between City of Meridian, a municipal corporation of the State of Idaho, whose address is`33 E. Broadway Avenue,Meridian,Idalio 83642, hereinafter called `'CITY",and Lynn L. Moore, whose address is 350 S Black Cat Road, Meridian, Idaho 83642, Hereinafter called "OWNS 1 EVELOPE ". 1, RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain tract of land ill the County of Ada, State of Idaho, legally described in Exhibit"A", which is attached hereto and by this reference incorporated herein as if set forth ill full,hereinafter referred to as the "Property", and 1.2 WHEREAS, Idaho Code §67-6511 A 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 t11e subject Property;and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreemellts upon the annexation and/or re-zolling of land and fuI'theratltll0l'lzes the modification and amendment of development agreements; and 1.4 WHEREAS, the Owner/Developer has submitted all application to annex and zone the Property; and 1.5 WHEREAS, Owner/Developer Trade representations at the public hearings before the Meridian Planning and Zoning Commission and tite Meridian City Council, as to,how the Property will be developed and what improvements will be made; and EVELOPNIEN'rAc,REENIE' -BLACK CATRrslriENTIAL(1t-2021-0064) PAGE 1 or 11 1.6 WHEREAS,the record of the proceedings f'or the annexation and zoning of the Property held before the Planning and Zoning Commission and the Meridian City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 6th day of September, 2022,the Meridian City Colmeil 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 this Agreement governing the development of the Property prior to the City Council taking final action on annexation and zoning; and 1.9 WHEREAS, City further 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 plaiuling jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of tile City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11; and 1.10 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request. NOW,THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATIONO F 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 f'or, 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 Lynn L. Moore, whose DEVELOMMENr M;uEAIENr—BLACK CM,REs1DEN HAL(I I-2021-0064) PAGE 2 Or I 1 address is 350 S Black Cat Road, Meridian, Idaho 83642,liereinafter called "Owner/Developer", the party that owns and is developing the Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian and described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length, which land is subject to this Development Agreement upon recording. 4. USES PERMITTED 13Y THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/ Developer shall develop the Property in accordance with the following special conditions: a. The Property sliall be used consistent with the uses and dimensional standards allowed in the R-15 zone. b. The existing home located at 350 S Black Cat shall hook up to City waterand sewer services within 60 calendar days of such services becoming available in accord with MCC 9-1-4 and 9-4-8. At such time,all septic and wells shall be abandoned. C. Development or redevelopment beyond the existing single-family use on the Property shall require approval of a development agreement modification application with a conceptual development plan. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six(6)months after the date the Meridian City Council approves the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Li the event Owner/Developer, or Owner's/Developer's heirs,successors, assigns,or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the UDC and Idaho law. DrvrLoPMEN-r AGu.r,%1EN-1'— BLACK CAT Rrs1DENT1A1.(H-2021-0064) PAGE 3 or 11 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice of breach 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 breach 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 tliat is not cured after notice as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-651 ]A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de- annexed Property, including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants,agreements,conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Delay. Li 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 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.6 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 ally portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or DEVELOP\ILKIr AGREE\ILV"f-Bi.ACK CAT RESIDENTIAL(H-2021-0064) PAGF,4 of I policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREIMENT FOR RECORDATION: City shall record this Agreement,including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the final reading of the ordinance in connection with the annexation and 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. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer 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. 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: With copy to: Lynn L. Moore Sawtooth Development Group 350 S Black Cat Road, 371 N. Main St, Ste 201 Meridian, Idaho 83642 PO Box 4767 Ketchum, ID 83340 Deborah Nelson Givens Pursley LLP 601 W Bannock St Boise, ID 83702 D[VF.L.GP.%IGNr AGRF.F.\ICN I--BLACK CAT RrsIDF.NTIAL(H-2021-0064) PAcF-.5 of I I 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors,assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on 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 O,,%-ner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed 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 sliall 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. DEVELOPMENT AGREEMENT-BLACK CAT RESIDENTIA1.(11-2021-0064) PAGE 6 OF I 21.1 No condition governing the uses and/or conditions governing re-zoning of the Property 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. 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] DFVF1.01'\1EN*r AC;REE.mr-N'r-BLACK CAI RESIDENTIAL(H-2021-0064) PAGE 7•I' I I ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNEI DEVELOPER: B -� L n L. ooi AtL CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 9-27-2022 Chris Johnson, City Clerk 9-27-2022 STATE OF Idaho ) ss: County of Ada ) On this day of -elt �2022 before me,the undersigned,a Notary Public in and for said State,personally app ared L11Y1Y1 �Qr known or identified to me to be Lynn L.Moore the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my liand and affixed my official seal the day and year in this certificate first above written. (SEAL) ',, •. ,eee•,•�� +` MUE `'•,, Notary Public ror .�+�`�,'e••••••l �'� Residing at: w�e AOTAR} �•r� My Commission ices: • • 0 wo 0 ow ' ti d •"seen$•+ `` DEVFI.0MILNT AGRF.F\4ENT—Bi.AC'K CAT RESIDENTIAL(1 I-2021-0064) PAGE 8 of 1 STATE OF IDAI-IO ) : ss County of Ada ) On this 27th clay of September , 2022, 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. Notary Public for Idaho Residing at: Meridian, ID Commission expires: 3-28-2028 DEVELOP\4Gt;'r AGRF.E\IF,NT-BLACK CAT RLSIDF.NTIAL(H-2021-0064) PAGE 9 OF 11 Exhibit A Legal Description of the Property EXHIBIT A BIACKCAT ROAD-MOORE PARCEL ANNEXATION DESCRIPTION A parcel of land located in the West Half of the Northwest One Quarter of Section 15, Township 3 North, Range I West, Boise Meridian,Ada County, Idaho,being more particularly described as follows: Commencing at the Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North,Range 1 West,(from which point jhe West One Quarter Corner of said Section 15 bears South 00'43'09"West, 2657.25 feet distant); Thence from said Section Corner, South 00'43'09"West,a distance of 1117.31 feet on the West line of said Section 15 to the Northwest Corner of that Parcel shown on Record of Survey Number 639 of Ada County Records,said point being the POINT OF BEGINNING; Thence South 89'16'46" East,a distance of 176.25 feet on the north line of said Record of Survey Number 639,- Thence South 00'43'09"West,a distance of 263.50 feet on the east line of said Record of Survey Number 639; Thence North 75'41'S1"West,a distance of 181.32 feet on the south line of said Record of Survey Number 639 to a point on the west line of said Section 15; Thence North 00' 43'09' East,a distance of 220-92 feet on the west line of said Section 15 to the POINT OF BEGINNING. The above described parcel contains 0.98 acres more or less. PREPARED BY. j AL LAArD THE LAND GROLIP,INC. s ' �,O James R.Washburn DGvELO1'X1rNT AGREENILNI—BLACK CA"F RESIDENTIAL.(11-2021-0064) PAGL 10 OF I 1 I I II UNPLATTEO / S00°29'24'W 2655.16' ca- N00°29'2 E 606.72' n -- N00°29'04"E 132].I2' �� 1327.72' � 110.001 f a� 1 I - Iy9mo 1 I al 1 I — I I 1 Y I I I I g I I I z ml wl22 eel y �J ° m y m 1 N T O ----------- ---- ------------------- a mw PC Iv_ ZI I VV I �I 0 I O0 Fa I I I al I I Il I I 1 I I I I I I I I o I I S00°46'01^N 454.28' f u $ s l oN Im 9A �I yI off alma I ---- � - o m. J I S00°43'1B'W j 60.21' 454.28' S — — — �A 300°43179'p11328.57' S00°43'1 I fi"W 2656.35' S00°4309"W 1328.69' 220.92' N SDUTH BLACK CAT ROAD mT zs3 0' - - _ SON 3'09V nn ®O® 9 ®0®� zFmn C GJ uV so 5 Via: oo0 6 a �C d dS P _r wd L. C1 N j ;N O � a W H o �� I - � Nil CDv m 7 m EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--- AND DECISION&ORDER A In the Matter of the Request for Annexation of 126.57 Acres of Land from RUT in Ada County to the I-L(125.59 Acres) and R-15 (0.98 Acres)Zoning Districts,by Sawtooth Development. Case No(s). H-2021-0064 For the City Council Hearing Date of. August 16,2022 (Findings on September 6,2022) A. Findings of Fact 1. Hearing Facts(hearing date of August 16,2022; original CC staff report date: December 21, 2021, incorporated by reference) 2. Process Facts(hearing date of August 16,2022; original CC staff report date: December 21, 2021, incorporated by reference) 3. Application and Property Facts(hearing date of August 16,2022; original CC staff report date: December 21,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(hearing date of August 16, 2022; original CC staff report date: December 21, 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 development agreement provisions set forth in the attached Staff Report for the hearing date of August 16,2022,incorporated by reference. The provisions FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 - I - are concluded to be reasonable and the applicant shall meet such requirements in accord with the 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 is hereby approved per the development agreement provisions in the Staff Report for the hearing date of August 16, 2022, 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 16, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 -2- By action of the City Council at its regular meeting held on the 6th day of September 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) c Mayor Robert ` ison 9-6-2022 Attest: g',,-ag- :,iuDAN SPAI. Chris John n 9-6- City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Dated: 9-6-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 -3- STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 12/21/2021 Legend -1 DATE: Project Lflcfltor _ TO: Mayor&City Council FROM: Alan Tiefenbach 208-884-5533 t SUBJECT: H-2021-0064 Black Cat Industrial ' o LOCATION: The site is located at 350, 745, 935, and 955 S. Black Cat Road and Parcel S1216131860 s I. PROJECT DESCRIPTION Annexation of 129.21 acres of land with the I-L zoning districts to allow industrial development. This application also includes a proposal to annex a 0.98-acre property with the R-15 zone district to provide the required annexation path. NOTE:Staff has met with the applicant numerous times to discuss this project. Staff has expressed many concerns including the lack of compliance with the Ten Mile Interchange Specific Area Plan (TMISAP) in both use and design,potential traffic impacts,probability of low job generation, and whether the timing is right for a development of this magnitude in this location when other properties on the east side of N. Black Cat Road have not fully built out as approved. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 130.2 acres Future Land Use Designation Medium High Density Residential for the 0.98-acre parcel to the east,Mixed Employment and Low-Density Employment for the 129 acres to the west. Existing Land Use(s) Vacant and Single Family Residential Proposed Land Use(s) Industrial business complex Lots(#and type;bldg./common) 5 existing lots,no platting proposed with this application Phasing Plan(#of phases) Phase Plan indicates 3 phases Number of Residential Units(type One single family residence being retained. of units) Description Details Page Density(gross&net) N/A Physical Features(waterways, The Rosenlof Drain is indicated along the northern hazards,flood plain,hillside) property line,but not on the subject property. Neighborhood meeting date;#of August,9,2021,22 attendees including the applicants attendees: B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State S.Black Cat Rd.is existing,concept plan indicates east- Hwy/Loca1)(Existing and Proposed) west collector through the middle of the site,and new north-south collector at west property line. Traffic Level of Service Better than"E". Stub Street/Interconnectivity/Cross East west collector bisecting the property,and a north- Access south collector running along western property line proposed. Existing Road Network S.Black Cat Rd and W.Franklin Rd Existing Arterial Sidewalks/ There are no existing buffers or sidewalks along S.Black Buffers Cat Rd. Proposed Road Improvements Applicant would be required to improve S.Black Cat Rd with 17 feet of pavement and curb,cutter and sidewalk. Applicant would also be required to construct two east- west collectors(one through the middle of the site,one along the northern property line,and one north-south collector along the western property line. Fire Service • Fire Response Time • Project can be served,but will be out of 5-minute response time. _ • Comments • Station 6 is closest at about 6 to 7 minutes away.All buildings will be sprinklered and may need fire pumps to meet fire flow.The entire project will require secondary access that meets the 2018 IFC. • The proposed fire station property is in a good location for the MFD future station areas,but at this time there is no avenue to trade the property for impact fees.The city would need to purchase the property outright. Police Service No comments Wastewater • Distance to Sewer Directly Adjacent Services • Sewer Shed South Black Cat Trunkshed • WRRF Declining Balance 14.21 • Project Consistent with Yes WW Master Plan/Facility Plan • Issues/Comments • Flow is committed. Description Details Page Public works is okay with the building up of the site to accommodate sewer as long as surface slopes are no more then 3:1 All drainage is retained onsite. • There are multiple 8"lines without easements. Easements must be provided for 8"mains,however, based off flows these could be decreased to 6" service lines. • Ensure no sewer services pass through infiltration trenches. Water 1 ■ • Distance to Water Services 340 ft. • Pressure Zone 1 _ • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Water will be provided initially from pressure zone 1, but will be from pressure zone 2 when development from the east connects. Pressure change will be approximately 22 psi higher. • Provide for water connections at future road connections to east and west(blind flange or stub to PL as appropriate. • Ensure adequate valving is provided to allow future pressure zone change. • Existing wells must be decommissioned according to IDWR rules which include employing methods to ensure grout fills the annular space outside of the well casing. Record of abandonment must be provided to the City prior to final plat signature. Project Area Maps Future Land Use Map Aerial Map Legend H gh 'er Legend Re�sidn 01 SENN Cl F o:ea Lxafar F,o"eo- Lxa"ar 4 - raI u rial � ym nt MU Ref —Nkixe l High - w n sity Residential - ! i b b Zoning Map Planned Development Map Legend Legend =1� Project Lorca iron 'M-E Pra*ect Lorca ton _ i R1 R-145 R1 -15' ;_ city Limit his Planned Parcels 7 R- a ,®� E TN-C iiA2 m pu R1 __o R1 b RR i b Applicant Information A. Applicant/Owner: Will Goede, Sawtooth Development—371 N. Main St. Ste 201, Ketchum, ID 83340 B. Representative: The Land Group—462 E. Shore Dr, Ste 100,Eagle,ID 83616 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 11/2/2021 7/31/2022 Radius notification mailed to properties within 300 feet 10/28/2021 7/28/2022 Sign Posting 10/29/2021 12/2/2021 Nextdoor posting 10/28/2021 7/29/2022 IV. STAFF ANALYSIS This is a proposal for annexation of 129.21 acres of land with the I-L zoning districts to allow an industrial development including 9 buildings ranging in size from 131,000 to 342,160 sq. ft. (Buildings A-J) and 7 smaller commercial buildings ranging in size between 6,800 to 33,600 sq. ft. (Buildings K1-MI). This application also proposes to annex an 0.98-acre property with the R- 15 zoning district for the sole purpose of making this property contiguous with City limits in order to request annexation. A. Annexation and Zoning The applicant proposes to annex the 0.98-acre parcel with the R-15 zoning district in order to achieve the contiguity to be eligible to annex the 129.21 acres of property on the west side of S. Black Cat Rd. The applicant proposes to rezone the remaining 129.21 acres west of S. Black Cat Rd. to I-L(Light-Industrial).As is discussed below, staff does not support rezoning to I-L and finds M-E would be the appropriate zoning as indicated in the TMISAP. Staff does find the Plan supports rezoning the 0.98-acre parcel to R-15, although the applicant has not offered any additional details regarding future use of this property other than the existing residence will remain. B. Future Land Use Map Designation(https://www.meridiancity.or /�compplan) The subject properties are within the Ten Mile Interchange Specific Area Plan (TMISAP). The Plan designates 745 S. Black Cat Road and the eastern half of Parcel#S 1216131860 for Low Density Employment(Buildings K1-MI). The Plan designates the western half of Parcel #51216131860, 935 S. Black Cat Rd and all of Parcel#51216417365 for Mixed Employment (Buildings A-J). The property at 350 S. Black Cat Rd(east side of N. Black Cat Rd) is designated for High Density Residential(density range of 8 to 15 dwellings/acre). i. Low Density Employment This use is defined by the TMISAP as low-rise office and specialized employment areas. Low Density Employment areas should provide a variety of flexible sites for professional offices and similar businesses. Low Density Employment areas should be designed with elements of Traditional Neighborhood Design. Design and development standards such as landscaping,pedestrian circulation and connection to open spaces, are recommended to help make developments more attractive, engaging and accessible places. Appropriate land uses include corporate and business offices as well as research facilities and laboratories. ii. Mixed Employ This use is described by the TMISAP as an area 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. Mixed Employment 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. Mixed density employment will accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. fa US Trial I� LAW d�nSllt]1 'Medl- g h Density\• 'Re idelntial - / RUC EI f Deny Em ym Applicant's proposal: The applicant requests to annex and zone the 129.21 acres of property west of S. Black Cat Rd to I-L. The applicant requests to annex and zone the 0.98-acre parcel at 350 S. Black Cat Rd to R- 15. The applicant's narrative states their proposal meets the TMISAP intent of low-density employment and mixed employment areas as it would provide a variety of flexible sites and allow the larger double and single loaded light-industrial buildings to be divided into spaces as small as 18,000 square feet. The narrative states the Black Cat Business center would provide in-demand manufacturing,heavier office build-out, flex industrial and accessory retail,warehousing and distributing facilities in this region. It mentions the Mixed Employment designation in the TMISAP does list light industrial as one of the appropriate uses.Finally,the narrative notes the City of Meridian has less than a 1 percent vacancy rate for industrial business uses,and the Treasure Valley as a whole lags behind its peer markets. The concept plan submitted by the applicant indicates 7 buildings ranging in size between 6,800 to 33,600 sq. ft directly adjacent to the west side of S.Black Cat Rd(Buildings K1-M1). The applicant's narrative states that in this area the project includes flex incubator buildings which could be divided into spaces as small as 2,500 square feet. The applicant also proposes to set- aside an approximately 18,000 sq. ft. lot for a potential 10,000 sq. ft. fire/emergency services station. On the remainder of the subject properties to the west,the concept plan reflects 9 very large buildings ranging in size from between 131,820 sq. ft.to 293,280 sq. ft. to a total of 1,897,480 sq. ft. (Buildings A-J). These buildings are oriented with one row north of a new collector and one row south of the new collector. The concept plan shows multiple loading bays on all buildings and a wide collector street to accommodate large truck traffic. Staff Response: Staff does not support annexation and zoning to I-L as I-L would allow uses not supported by the Plan in this area. Staff s response to the applicant has been that the TMISAP vision for the area adjacent to I-84 is an employment district that will support the creation of more than 20,000 jobs offered by a wide variety of employers. It should serve as a primary gateway to Meridian and Meridian's prosperity, and provide local employment to the large amount of new residential across S. Black Cat Rd to the east and W. Franklin Rd to the north and east. Staff notes the TMISAP states"the City knows that this is one of the last remaining large, contiguous areas of highly visible,easily accessible, and developable land within the City of Meridian's Area of Impact." The applicant's narrative mentions light industrial is listed as one of the appropriate uses in the Mixed Employment Plan Area. This is correct,but the TMISAP refers to light industrial as manufacturing and assembly,which is consistent with the definition of light industrial per UDC 11-1A-1. Although the I-L Zoning District could allow numerous primary jobs,it also allows uses by right that would not be consistent with the goal for Mixed Employment per the TMISAP.This includes warehousing, distribution and self-storage,which typically does not produce a large number of primary jobs. Other uses allowed by right which staff believes are not consistent with the Plan include contractor's yards, equipment rental and sales,vehicle repair, and car dealerships. The plan designates these types of industrial uses to occur adjacent to W. McDermott Rd, further west of the subject property, away from the residential that is intended to develop across S. Black Cat Rd to the east. Based on the concept plan that has been provided by the applicant,the majority of the plan suggests a warehouse and distribution/storage development. This is in contrast to the TMISAP vision for sense of place,traditional neighborhood design, streets designed to serve all users, and multi-story construction(although the smaller Buildings K1-M1 directly adjacent to S. Black Cat Rd,would be closer to the TMISAP vision). Staff has recommended the applicant apply to rezone to Mixed Employment(M-E),which allows the mixture of office,research, specialized employment areas and the type of light industrial (manufacturing and assembly)which is intended for this area by the Plan. The applicant has elected to proceed with I-L zoning. Staff agrees there may be a strong market demand for industrial uses,but the Plan specifically says the intent of the TMISAP is to create a place that will add to the long-term economic stability of the City of Meridian,not just respond to immediate market forces and trends(page 3- 3). C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • Focus on developing industries that exceed the living wage, such as technology, healthcare and other similar industries. (2.06.01E) The TMISAP designates the subject property (except for 0.98-acre 350 S. Black Cat Rd)for low density and mixed employment. These areas are intended to capture full economic advantage of the Ten Mile interchange to enhance the long-term fiscal health of the City of Meridian and the Treasure Valley.Although annexing and zoning this area to I-L could create primary jobs as anticipated by the Plan, it could also allow uses such as distribution, warehousing and self-storage that would not create a significant amount ofprimary-wage jobs. • Ensure that regulations and plans support and encourage desired development and land use patterns within the Area of City Impact. (3.01.01 C) The TMISAP specifically targets the subject property to accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. There are additional design guidelines to create an environment that has a significant degree of coherence and continuity. The annexation of the subject property for the industrial uses described by the narrative and depicted on the concept plan do not meet the intent of the Plan in both use and design.Also, the Community Planning Association of Southwest Idaho (COMPASS) has submitted a development review letter. The summary of the letter indicates that COMPASS finds the level of stress on the roads would be "R" (unsatisfactory), it would lead to further decrease in the jobs I housing balance, and is not within the%mile walkable distance preferred for transit and goods and services. • Evaluate development proposals based on consistency with the vison as well as physical, social,economic, environmental, and aesthetic criteria. (3.01.01D) The TMISAP vision for this area is an employment-generating center that buffers the community from I-84 and the future extension of Highway 16, and serves the employment areas with easy access to markets, high-speed transportation facilities, and employees across the Treasure Valley. The TMISAP contains additional design standards for this area to create a sense of place and a unique identity. The proposed annexation and zoning to I-L to allow an industrial development of large distribution-style warehouses bisected by a wide collector road to facilitate freight traffic is not consistent with the Plan vision or the design for this area. • Promote Ten Mile,Downtown, and The Village as centers of activity and growth. (2.09.03B) As already mentioned, the TMISAP designates this area for an employment center for the local population in close proximity to nearby residences. Rezoning to I-L to allow a distribution and warehousing development would provide growth, but not the type anticipated by the Plan. Establish distinct, engaging identities within commercial and mixed-use centers through design standards. (2.09.03A) The Ten Mile Interchange Specific Area Plan focuses on developing an area that has an identity of its own, but which links to the nearby development. The current application could allow numerous uses not desired by the Plan, with monotonous architecture and design not consistent with the design guidelines. This does not further the intent of the Plan to create a unique sense ofplace. • Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits. (4.05.03B) This applicant proposes to annex 129 acres of undeveloped property which is surrounded by unincorporated land on all sides except at the northeast corner, in which the 0.98-acre parcel is being annexed in order to achieve the required contiguity. Further, much of the property to the east is not annexed or annexed with development agreements, but not built-out to their full capacity,further exacerbating the strain on the transportation network in the area. Full impacts on the transportation system will not be known with this development until the applicant completes a traffic study for ACHD to review and approve. There are no anticipated improvements to S. Black Cat Rd and W. Franklin Rd in the short term, and the closest water and sewer connection is approximately 340 feet to the north of the property. This would be considered unorderly and fringe development. D. Existing Structures/Site Improvements: The majority of the property is vacant, except there is single family and agricultural development located at 935 and 745 S. Black Cat Rd. If these properties were rezoned to I-L,the residential and agricultural buildings should be removed. E. Proposed Use Analysis: The applicant proposes to zone to I-L. As mentioned above, staff believes the I-L district allows uses by-right which are not consistent with the high employment-generating uses intended for this area by the Plan, and the concept plan suggests a distribution and warehousing(or self-storage) development. Staff finds Mixed Employment(M-E)is the zone district which is more consistent with the TMISAP for this area. Staff believes the proposal to annex and zone 350 S. Black Cat Rd to R-15 would generally be consistent with the Medium High-Density Residential designation of the TMISAP. The applicant has not submitted any additional information for this property other than annexation of this property is necessary for the remaining 129.21 acres to be eligible for annexation. If the subject annexation is approved,the existing residence would need to connect to City services. F. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-25 (Industry, light and heavy)requires all shipping and delivery and outdoor activity areas to be at least 300 ft. from any abutting residential district.Applications should identify how proposed use will address impacts of noise and other emissions on residential districts. The concept plan shows the outdoor loading and activity areas are at least 300 ft. from the adjacent residential district to the east. The applicant does not provide an explanation regarding potential impacts and/or how they would be mitigated. G. Dimensional Standards(UDC 11-2): The I-L zoning district requires a 35' street setback,20' landscape buffer along collector streets, 25' wide buffer along arterial streets, and allows height up to 50'. The concept plan and elevations submitted appear to meet these requirements. The TMISAP introduces basic rules of good design. This includes buildings built to public rights- of-way, easy pedestrian access,narrow streets to slow traffic, and the facades of larger commercial buildings being broken down into short frontages with"big boxes"being wrapped in smaller commercial,residential,and office uses. With some revisions, staff believes Buildings K1-M1 as shown on the concept plan could mostly reflect these principles, although the buildings are oriented around a central parking lot rather than a courtyard. Also,the TMISAP mentions building frontages,rather than surface parking lots and landscaped areas,should"hold the corners"by framing sidewalks or public spaces whereas the entrance of this development from S. Black Cat Rd consists of landscaping and parking lots with building maintaining larger setbacks. The larger buildings A-J are oriented to a wide collector street,have larger front setbacks,have single building frontages between 180 ft. and 470 ft. in length, and are not broken down or wrapped with smaller buildings. Staff does not believe this encapsulates the TMISAP principals for design envisioned for this area and is skeptical the concept plan could be designed to meet these principles for the use as proposed. The City Council should decide whether this type of industrial use is appropriate in this area. H. Access(UDC 11-3A-3, 11-3H-4): W. Franklin Rd west of the subject property is presently 2 lanes with no curb, gutter or sidewalk, and narrows to one lane west of S. Black Cat Rd. S. Black Cat Rd. is presently 2 lanes with no curb, gutter or sidewalk. The ACHD Capital Improvements Integrated Five Year Work Plan (IFYWP) shows the intersection of Franklin Road and McDermott Road to be constructed as a multi-lane roundabout sometime after 2026. Black Cat Rd is listed to be widened to 5 lanes between W. Overland Rd.to W. Franklin Road in 2036 to 2040. W. Franklin Rd. is planned to be widened to 5 lanes between W. McDermott Rd and S. Black Cat Rd from 2026 to 2030. W. Franklin Rd is eventually intended to connect to SH 16 by a signalized intersection. The TMISAP Transportation System Map shows a new collector street bisecting the property east to west and a new north-south collector street at the western property line(page 3-18). The TMISAP notes the primary purpose of the collector is to serve short length neighborhood trips and to channel traffic from local streets and abutting properties to minor and principal arterials (page 3-19). -�... Subject Property PntnntulkwwlExMm+m 3 4 Powtal Cdbcror Extension NNN�rN LeW O RwntlaCCN The TMISAP Street Section Map designates new collectors in this area to be Street Section C (page 3-20). Section C represents the major collector streets to provide access from adjacent arterial streets into the employment areas. Street Section C(below)includes 11 ft.wide travel lanes, 6 ft. wide bike lanes, 8 ft.wide carriage strips, 6 ft. wide sidewalks and approximately 10 ft. setback from the back of detached sidewalks to the building wall (to a total width of 68'). This is consistent with the"complete street" concept discussed by the TMISAP to provide a street that works for motorists,bus riders,bicyclists, and pedestrians, including people with disabilities and to provide traffic calming. �a' 6' e' 6' 11' 11' Bike rave ane IravelLane e lane 34' Labe Cmb•to•mrb distanre The concept plan provided by the applicant reflects the east-west collector bisecting the site to be 60' wide with all of this being travel lanes, and detached pathways and landscaping outside of the 60' of travel lanes. Rather than on-street parking,there are several rows of parking between building fronts and the road. Page 7 of the narrative states that the"new collector road bisecting the development site will"provide easy freight access to the project"which is indicative of a typical industrial development. This is not consistent with the mixed employment area and with the street design principals on Page 3-20 of the TMISAP which state that"streets should be designed and sized to optimize pedestrian comfort and to facilitate slow-moving vehicular traffic." a n - (Ne nT#t ff[)- — I I A171, I. I k -- I I j, EIIII^�'I+.dI:III�I�II1�ILlIE!I�)I�IIIIA�,. Concept Plan street layout hi addition to the collectors shown on the TMISAP Transportation System Map,the TMISAP Land Use Map(Page 3-16) shows a desired local street bisecting the site north to south. Also, ACHD has commented a third collector street is required along the Rosenlof Drain, at the northern perimeter of the property(the local street would connect the two east-west collectors). Although staff has mentioned to the applicant to provide this north-south local street,this connectivity is not provided on the concept plan. The northernmost collector as required by ACHD is also not shown. A traffic impact study is not a required item for an annexation application. However, staff notes this application proposes almost 2 million sq. ft. of new commercial or industrial square footage. Although the immediate area is mostly undeveloped,there is a significant amount of development in the vicinity which can be or has already been built,has been approved, or is in the development application stage. This includes 330 single family lots and 240 apartments in the Braya Subdivision across S. Black Cat Rd. to the east, and the large amount of commercial and residential development occurring at the 10 at Meridian,Vanguard Village, Ten Mile Crossing and TM Creek Crossing developments on both sides of N. Ten Mile Rd. south of W. Franklin Rd. Staff has mentioned to the applicant that the traffic impacts of nearby development already entitled have yet to be realized,there are no anticipated road improvements to W.Franklin Rd and S. Ten Mile Rd. in this area in the short term, and has expressed concerns regarding how the impacts of 2 million square footage of new industrial would affect the road network. The applicant has not provided any additional analysis. 1. Parking(UDC 11-3C): UDC 11-3C-6 requires one space for every two thousand sq. ft. of gross floor area in industrial districts.With Buildings A-J listed on the concept plan as comprising 1,900,000 sq. ft. +/-,this amounts to 950 parking spaces,whereas based on the numbers given on the concept plan,the number of parking spaces provided well exceeds this requirement. Future planning land use applications will determine the required number of parking spaces for all uses. The TMISAP encourages on-street parking throughout the Ten Mile Interchange Area where appropriate.Not only does on-street parking significantly add to the supply of needed parking spaces, it provides an additional layer of physical and psychological separation between cars moving along the street and pedestrians, shoppers, diners and others on the sidewalks. Parking lots should not dominate the frontage of pedestrian-oriented streets or interrupt key pedestrian routes. Ideally,parking lots should be located behind or underneath buildings or within the interior of blocks. Less ideally, lots can be located beside the structures they serve. All parking lots visible from public thoroughfares should be screened by plantings or walls or a combination of the two. (page 3-26). As mentioned in the access section above,the concept plan reflects a wide collector street designed for truck traffic with no on-street parking. The majority of parking is provided to the side of Buildings A-J,but there are two rows of parking between Buildings G,H and the collector street. There is also a parking lot directly adjacent to S. Black Cat Rd south of Building M1, and Buildings L2 and L3 are oriented around a central parking lot which is adjacent to S. Black Cat Rd and parking. This is not consistent with the Traditional Neighborhood Design principles of the TMISAP which would support buildings oriented around a plaza, open space or courtyard and buildings rather than landscaping or parking"holding the corners." J. Pathways ( UDC 11-3A-8): The Pathways Master Plan(PMP)reflects a 10 ft. wide multiuse pathway aligned east-west at the southern perimeter of the site, adjacent to I-84. The concept plan indicates a 10' wide pathway along the southern perimeter of the site in the general location of the alignment shown on the PMP. It does appear the required 5 ft. wide landscape strip is provided along both sides of the pathway except near the southwest portion of the site. K. Sidewalks(UDC 11-3A-17): The concept plan indicates detached sidewalks of an unspecified width paralleling the new collector street on both sides,along S. Black Cat Rd., along the western property line,and along landscaped islands running north-south between Buildings K1-M1 and Buildings A-J. Landscaping and/or parkways of an unspecified width are provided on both sides of the detached sidewalks. The sidewalks do provide connectivity throughout the development and to adjacent properties to the north and south. As mentioned in the access section above,the sidewalks are not consistent with Street Section C as it is reflected in the TMISAP. Instead of being components of a walkable street section,they run along a series of parking lots and drive aisles, consistent with what would be expected in a large industrial development. L. Parkways (UDC 11-3A-17): UDC 11-3A-17 requires parkways of a minimum width of 8 feet. It does appear parkways are incorporated into both sides of all detached sidewalks, although the width of these parkways is not provided. M. Landscaping(UDC 11-3B): A 50 ft.buffer is required along 1-84, a 20-foot wide landscape buffer is required adjacent to collector streets,and a 25-foot wide buffer required adjacent to arterial streets(S. Black Cat Rd). UDC 11-313-8 has landscape requirements for parking lots including 5 ft.perimeter streets and islands of at least 50 sq. ft.per every 12 parking spaces. The concept plan as submitted does appear to show the minimum landscape requirements are met,although as mentioned in the access section,the proposed collector streets do not appear to meet the Street Section C requirements as mentioned in the access section above. Landscaping requirements would be analyzed with future development. N. Qualified Open Space (UDC 11-3G): As the development is proposed to be an industrial development,it is not subject to the qualified open space requirements of UDC 11-3G. However,the concept plan does indicate small parks on either side of the collector at the entrance of the development near where it connects to S. Black Cat Rd. Staff does believe this is a nice amenity, although the TMISAP notes that care must be taken to ensure that the programming and use of the space is not disrupted by vehicular traffic (page 3-43). O. Utilities Connection to City water and sewer services is required in accord with UDC 11-3A-21. Water and sewer are available in S. Black Cat approximately 340 feet north of the property. The applicant will be required to extend the sewer main and provide a connection for the properties across S. Black Cat to the east and south. The applicant will be required to extend the water main, stub the water line at the west property line and loop the line to the north to W. Franklin Rd. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances and the TMISAP. See Section VIII.B below for Public Works comments/conditions. P. Architecture(UDC 11-3A-19 I Architectural Standards Manual): The Architectural Standards Manual(ASM)has specific requirements for industrial developments. Building design should address scale,mass, form, and use a variety of materials and architectural features to ensure an aesthetic contribution compatible with surrounding buildings. There should be modulation in surface plane at no less than 50 ft. intervals. Developments should consider the scale of surrounding buildings. There should be at least 2 pedestrian-scale architectural features,physical distinctions to anchor the building. There should be at least two different field materials,with at least one accent material. The Design Section of the TMISAP is intended to serve as the basic framework on any given project within the Ten Mile Interchange Area and the basis for development of future design guidelines. Guidelines include the primary fagades always including entries into buildings,being faced toward the streets, and entries being located so as to provide direct access from adjacent public spaces,primary streets and activity areas. In the low-density employment and mixed employment areas, low rise buildings of 2-4 stories with shallow setbacks are recommended over much of the area(page 3-38). At least 40%of the linear dimension of the street level frontages shall be in windows or doorways, and buildings should have three separate components—base, body and top. Page 1-3 of the TMISAP contains photographs and design graphics to illustrate the architectural character desired in the Low Density and Mixed Employment Areas. ,1 WIN .r mtr Low Density Employment Mixed Employment Mixed Employment I I ryy r � u 9 S B . . . . . . . . . . . . .. .. . .... Ho mrre ttwn 30%porlung on tho Pont t m 4 ste nos 0 4 . . ... .. . . . . . ... .. Base Body&Too rem; k R 20%Mfndnws.Sngle plane watl magnum distance=5Obig*gM E ........ S 1 9........ _ Mixed Employment The concept elevations provided by the applicant reflect large one-story industrial buildings(with higher ceilings and upper windows to appear as two-story)comprised of tilt-up concrete, CMU, moderate to large setbacks from the street, and frontages with less than the 20%required windows along the streets.Primary entrances are oriented inward toward the parking lots rather than toward the street. The applicant's narrative states that due to security and visibility concerns, the light industrial use of the buildings does not support windows across the entire frontage. As an alternative,they propose enhanced glazing at corner entry elements as shown in the renderings. Staff notes design can be addressed during the time of the Certificate of Zoning Compliance (CZC). However, due to the proposed use it is unlikely the applicant's proposal as submitted could meet all the design requirements of TMISAP for Low Density and Mixed Employment in this area(such as variation in building height, orientation of primary frontages and massing and ground floor transparency). This proposal is for a large industrial complex with a concept plan suggesting warehousing, storage and/or distribution which would be challenging to design as the TMISAP discusses. The Planning Commission and City Council should discuss whether the I-L zone district,and the uses that would be allowed,is appropriate in this location. V. DECISION A. Staff: Staff recommends DENIAL of the requested annexation and zoning to I-L and R-15 based on the Findings in section IX. B. The Meridian Planning&Zoning Commission heard this item on November 18,2021. At the public hearing,the Commission voted to recommend denial of the subject annexation request. 1. Summary of the Commission public hearing_ a. In favor: Deb Nelson,Mark Bottles b. In opposition:None c. Commenting: Deb Nelson and Mark Bottles d. Written testimony: Jim and Julie Olsen e. Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Traffic Impacts b. One citizen stated that many of the projected traffic improvements in this area are being removed due to lack of funding. 3. Key issue(s)of discussion by Commission. a. Asked applicant why I-L zoning was being requested and why M-E would not work. b. One Commissioner commented that although this was designated as employment center, jobs create more traffic. C. Commission voiced concern that the 0.98-acre parcel being annexed was only part of this proposal to make it eligible for annexation. d. Mentioned there is a lack of infrastructure,traffic was already an issue and this proposal seemed premature. 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard this item on December 21,2021,March 1,April 26 and August 16,2022.At the public hearing.the Council voted to approve the subject AZ request. I. Summary of the City Council public hearing: a. In favor: Deb Nelson,Tim Wolff.and Shane Felker b. In opposition:None C. Commenting: Kayla Rich,Corinne Kaddas,Julie Olsen, Terry Nyborg,Kristy Inselman. Paul Sevoy,Drew Eggers,Chris Pearson. Mark Bottles. and Bri Earley d. Written testimony: Jim and Julie Olsen,Drew Eggers,Jake Merrill,Jarron Langston Ronald Van Auker, Chase Weaver, Sam Johnson, Chris Nolan,Jesse Adame.Kathy McManus,Mark Bottles,Terri O'Neal.and Guy Shinn e. Staff presenting application: Alan Tiefenbach and Caleb Hood f. Other Staff commenting on application: Bill Nary and Tori Cleary 2. Key issue(s)of Public testimony: a. Additional truck traffic on Black Cat Road b. Need for industrial zoned land in the City 3. Key issue(s)of discussion by City Council: a. Prohibiting certain uses from developing on the Property b. Franklin and Black Cat Road improvements C. Design of the proposed industrial buildings and ensuring some consistency with the TMISAP d. Pining of the Rosenlof of Drain e. Timing for the complete extension of the east/west collector f. Timing for the completion of the traffic study g. Cross access with properties north of the Rosenlof Drain h. Offsite extension of a north/south collector on the Asumendi property i. Timing for the development may be premature Comparison of the M-E vs. I-L zoning districts k. Anticipated employment generated from the proposed industrial development 4. City Council change(s)to Commission recommendation. a. See section VII. for the applicable development agreement provisions. VI. EXHIBITS A. Proposed Concept Plan(date: 8/16/2022) (NOT A PP12 NTErn PARCELC O K1 c « - O O d u v 7 i � w u ti _ 1 it LL NOT PART «n - OF THE PROJECT ® O O «x B. East/West Collector Street Section I I SOUTH&WEST SIDE NORTH&EAST SIDE eve fA$EII[Ni S�VM FdSEAIEirI qL wA1N VRRIE$ H PHWOSEVRIGXE-0FWAY CTEYnWES I II P7 77 I I� 4701K7o eAClt I 6sWM I O.Y CEEIB � I le CWN 12 E2 12 8'IM ttr � Jfi7�stmx�EuwrEx�iEs �mau�u.n�m�Tnu� nsmEa YWNTPBs�suwlt�7-k i I nti zox P swnwntea wuu—�..p {wNGEPNu[uGnOH1 tmru oar unurv� '.AGM iafHCH LOHNOCl1 gin�w[a�,T..� IG6lLfPiaAL IDLRT[M� C. Roadway Improvement Graphic CHD WIDEN FRANKLIN TO 5-LANES FRANKLINIBLACK CAT � INTERSECTION FRAN KLI NiMcDERMOTT IMPROVEMENTS INTERSECTION , IMPROVEMENTS .• ° Cj aw a4 W c z > m -. � 0 z LU .� c ._... _.-. _J. LL ON SITE COLLECTOR TRAFFIC SIGNAL � D. Annexation Legal Descriptions and Exhibit Map April 5,2022 Project No_121102 EXHIBIT A BALCK CAT ROAD COMBINED ANNEXATION DESCRIPTION A parcel of land located in the East Half of Section 16,Township 3 North, Range I West, Boise Meridian, Ada County-, Idaho,being more particuiarly describedasfollows: Commencing atthe Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North,Range 1 West,(from which point the North One Quarter Corner of said Section 16 bears North 89°24'22"West, 2641.42 feet distant); Thence from said Section Corner,South 00'43'09" West,a distance of 1328.57 feet on the East line of said Section 16 to the North 1f16th Corner common to said Sections 15 and 16,said paint being the POINT OF BEGINNING; Thence South 00'43'09" West,a distance of 1328.69 feet on the East line of said Section 16 to the East One Quarter Corner of said Section 16, Thence South 00143'16"West,a distance of 99.88 feet on the East line of said Section 16, Thence North 89'16'53"West,a distance of 347.44 feet,- Thence South OW 46'01"West,a distance of 454.28 feet; Thence South 89'16'53"East,a distance of 347.92 feet to a paint on the East line of Section 16; Thence South 00'43'16'West,a distance of 460.21 feet on the East I i ne of Section 16 to a po i nt on the centerline of Interstate 1-84, Thence North 80"32'51"West,a distance of 2658.94 feet on the centerline of Interstate I-84 to a paint on the north-south mid-section line of said Section 16; Thence North 000 29'23" East,a distance of 606.72 feet on the north south mid-section line of said Section 16 to 6e Center Quarter Corner of said Section 16,- Thence North 00'29'04" East,a distance of 1327.72 feet on the north-south mid-section line of said Section 16 to the Center-North 1/16th Corner of said Section 16; Thence South 89° 23' 16" East, a distance of 21535.98 feet on the east-west 1f16th line of the Northwest Quarter of said Section 16tothe POINT OF BEGINNING_ The above described parcel contains 125.59 acres rnore or less_ TOGETHER WITH: A parcel of land located in the West Half of the Northwest One Quarter of Section 15,Township 3 North, Range 1West,Eloise Meridian,Ada County,Idaho,being more particularly described as follows: Commencing atthe Section Comer common to Sections 9,10,15 and 16 of said Township 3 North, Range 1 West,(from which pointthe West One Quarter Corner cfsaid Section 15 bears South 00°43'09"Westr 2657.26 feet d istant); 462 East ShWe drive. sulle 100, Eagke. Naha 63615 2CS.333 L041 thelanegroupinc eom Page 2 of 2 Thence from said Section Corner South 00`43'09"West, a distance of 1117.31 feet on the West line of said Section 15 to the Northwest Corner of that Parcel shown on Record of Survey Number 639 of Ada County Records,said point being the POINT OF BEGINNING,- Thence South 89016 46" East,a distance of 176.25 feet on the north line of said Record of Survey Number 639 Thence South 00°43'09 West,a distance of 263.50feet on the east line of said Record of Survey Number 639; Thence North 75°41'51"West,a distance of 181.32 feet on the south line of said Record of Survey Number 639 to a point on the west line of said Section 15'. Thence North 00'43'09 East, a distance of 220.92feet on the west line of said Section 15 to the POINT OF BEGINNING_ The above described parcel contains 0.98 acres more or less_ PREPARED BY — THE LAND GROUP, INC. L LA]y tr a 7SlAf� � 4-5-2ozz James R_Washburn 4F 402 East Short Dmee, Suft 100. Ea0e Idaho 63615 2H.U9 4 D4 1 thelanogrrupioc core —a— Annexation Map y��..,. WEST FRANNWM ROAD ———————— x �Z®PRO for =9g AT Aquisitions,LLC Tsiu s� Situate in the East 1/2 of Section 16 nab TmmahipR Rtirth Range1 West.Roue 6lencian ��p vrr�.rres ., varurr.o uxr..nro u....rrro va.,.rreo R� Alg Ada County,Idaho 2012 t 1 � G aR ¢ I a I � U I _ I I III U la I I m I ,ssaacn¢ I� i �eeiwn I R I I I I ------------ ~ O LAND -- ---------- �'"'"" --------- --- >QAe o GROUP i <wr,smr.m,:mm raurisa �� 0 VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1.1. A Development Agreement(DA) for the I-L zoned property is required,which shall at a minimum, incorporate the following provisions. a. The property shall be used consistent with the uses and dimensional standards allowed in the I-L zone,which include but are not limited to light manufacturing.research and development,warehousing and distributing(i) "stora e fe acilit� self-service"' will not be a permitted use on the property and(ii)vehicle impound sales and repair use must be entirely indoors: otherwise a conditional use permit is required. b. Development of the subject property shall be e�y consistent with the approved conceptual site plan,attached as Exhibit A. C. Development in the I-L Zone shall be generally consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAPI for Mixed Employment(ME)designated areas with the following clarifications and exceptions. Only building facades fronting on and adjacent to Black Cat Road.Interstate-84, and the east to west collector road runningthrough the middle of the site shall be considered frontage for the purpose of applying the TMISAP development guidelines. The TMISAP development guidelines shall not apply to any other building facades. 2) Notwithstanding any provision in the TMISAP development guidelines,building facades fronting on and adjacent to the east to west collector road running through the middle of the site.along Interstate-84,and the northern boundary of the site shall be required to have an average of 15%of the linear dimension of the frontage in windows or doorways. Parking is allowed along building frontage.provided that the maximum length of parking along a building frontage does not exceed 30%of the linear dimension of total frontageplanned buildings combined.Frontage parking restrictions do not apply along Interstate-84 or the northern boundary of the site. 4) When required to be constructed.the east to west collector shall be constructed in conformity with the street section design attached as Exhibit B. d. Development in the I-L Zone shall be generally consistent with the Meridian Architectural Standards Manual,and subject to the administrative design review process with the following exceptions: 1) Requirements shown on Building Scale,Building Form,Architectural Elements.and Materials Standards Tables apply to building facades along Black Cat Road.1-84 and the east to west collector runningthrough hrough the middle of the site. They do not apply to other building facades. 2) Loading Docks will be allowed on the western facade along the western boundary of the site. 3) The north facing facades along the northern boundary of the site will use similar colors,materials,and parapet height variation as the southern facades of the buildings. The north facing facades along the northern boundary of the site will also have score markings to create architectural accents in the wall panels and appropriate landscaping. e. Certificate of Zoning Compliance and Design Review applications cannot be submitted until after ACHD accepts the Traffic Impact Study. £ The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code, Comprehensive Plan,Architectural Standards Manual,prior to issuance of building permits for any structure(s)within this site. g= The Rosenlof Drain shall be left open and may not be piped. h. The total square footage (SF) of approved building occupancy on the site shall be dependent on substantial completion,by owner/developer or any agency or third- arty, of the following roadway improvements: Greater than 0 SF: Prior to any occupancy being granted: (i) frontage improvements on Black Cat from the east to west on-site collector to Franklin must be complete: and(ii)turn lanes at the intersection of Black Cat and the east to west on-site collector must be completed as recommended by ACHD. Completion of the above improvements permit occupancy for up to 960,000 SF. Secondary access shall be constructed and approved by the fire department. 2) Greater than 960,000 SF: To exceed 960,000 SF of occupied space on the site: (i)Black Cat must be widened to five lanes between the east to west collector and Franklin; (ii)the intersection of Black Cat and Franklin must be improved as recommended by ACHD: and(iii)the intersection of McDermott and Franklin must be improved with a two-way left turn lane unless Franklin has been widened to five lanes.. Completion of the above improvements permit occupancy for up to 1,500,000 SF. 3) Greater than 1.500,000 SF: To exceed 1,500,000 SF of occupied space on the site Franklin must be widened to five lanes between Black Cat and State Highway 16. A traffic signal must be constructed at the intersection of Black Cat and the east to west on-site collector when a signal warrant analysis shows it is required. 4) East to West On-Site Collector: The east to west on-site collector will be extended from Black Cat Road west incrementally as development progresses subject to the following. The east to west on-site collector shall be fully constructed to the western boundary upon the earlier of: (il prior to issuance of a Building Permit for Building A or F as shown on Exhibit A, or, (ii)within 90 days after ACHD's acceptance of a connecting public street from the property to the west(commonly known as 5925 W. Franklin Road, Ada County Tax Parcel Number S12162128551. During the building permit review process.Applicant and City staff will work together to confirm the above roadway improvements are reasonably on schedule to be completed consistent with the above occupancy thresholds. The scope and location of the roadway improvements detailed above are summarized on Exhibit C. i. ACHD required frontage improvements, landscape buffer and pathway shall be constructed along S. Black Cat Rd. with the first phase of development. The Applicant shall provide a 10' wide detached multi-use pathway,parallel to the east to west on-site collector road,within either a 14' wide easement(10' pathway+ 2' shoulder each side)or within ACHD's right-of-way. k. With the submittal of the first Certificate of Zoning Compliance application on the south side of the east to west on-site collector roadway,provide the City a copy of a recorded cross-access,ingress-egress in favor of the approximately 3-acre property commonly known as 935 S Black Cat Road(Ada County Tax Parcel Number 512164172401. 1. All buildings shall have code compliant fire sprinklers and an Automated External Defibrillator(AED) installed near the main entrance of each individual building. 1.2 A Development Agreement(DA) for the R-15 zoned property is required,which shall at a minimum,incorporate the following provisions: a. The property zoned R-15 shall be used consistent with the uses and dimensional standards allowed in the R-15 zone. b. The existing home located at 350 S Black Cat shall hook up to City water and sewer services within 60 calendar days of such services becoming available in Black Cat Road and in accordance with MCC 9-1-4 and 9-4-8. At such time. all septic and wells shall be abandoned. C. Development or redevelopment beyond the existing single-family use of the R-15 zoned property shall require approval of a development agreement modification application with a conceptual development plan. B.PUBLIC WORKS Publie sAlor-lis aelmowledges the r-eeommendation for denial mentioned above, and is providing site speeffie and general eonditions in the event that an approval is granted. 1. Site Specific Conditions of Approval: 1. Surface slopes shall not exceed 3:1 2. All drainage must be retained onsite 3. If the onsite 8" sewer lines are services,they should be decreased to 6", based off flows this should be sufficient. 4. Any 8" water or sewer main outside of right-of-way shall be covered by a City easement. 5. Sewer services shall not pass through infiltration trenches. 6. When the development connects to the east,the water pressure zone will change from 1 to 2 which will result in an approximately 22 psi pressure increase. Provide stubs or blind flanges to the property lines at the future road connections to both the east and west. 2. General Conditions of Approval: 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. 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. 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 F 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point 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. 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. 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. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 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. Record of abandonment must be provided to the City prior to signature of the final plat. 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. 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. 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. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed 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. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciLr.oMlpublic_works.askx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. B. ACHD https.11weblink.meridiancity.orp/WebLinkIDocView.aspx?id=242157&dbid=0&repo=MeridianCit V C. COMPASS https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=240474&dbid=O&rgpo=MeridianC i &cr--1 VIII. FINDINGS 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: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the I-L zoning district and proposed light industrial use is consistent with the existing Mixed Employment FL UM and TMISAP designations for this site and is compatible with existing and planned future uses in the area. The TMISAP provides that Mixed Employment areas should provide a variety of flexible sites for small businesses as well as large national or regional enterprises. (3-11). The proposed industrial development provides flex and light industrial uses in a variety of building sizes, each of which is demiseable into smaller spaces to serve a variety of business sizes. TMISAP also seeks to `provide for industrial opportunities in consideration of future improvements to Highway 16"(3-3). The site provides an ideal location for local and regional light industrial businesses to access Highway 16,providing jobs close to home for Meridian residents. The City Council finds that the proposed initial zoning of R-IS for the approximately 1-acre residential property on the east side of Black Cat Road is consistent with the existing Medium High Density Residential designation for this site and is compatible with existing and planned future uses in the area. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed I-L zoning district and proposed use is consistent with the regulations and purpose statements of the I-L district, which is to provide for convenient employment centers of light manufacturing, research and development, warehousing and distributing. The City Council finds the proposed R-1 S zoning district is consistent with the regulations and purpose statement of the R-I5 district. 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 will not be detrimental to the public health, safety and welfare. The development will build new roads and pathways consistent with TMISAP design standards to provide safe vehicular and non-vehicular connections for employees and area residents. 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 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. The proposed industrial development will not impact school capacities. 5. The annexation(as applicable)is in the best interest of city. The City Council finds that the annexation is in the best interest of the City. The proposed industrial use will provide needed industrial business space to support and complement the commercial and residential uses planned within the TMISAP area. ADA COUNTY RECORDER Phil McGrane 2022-082504 BOISE IDAHO Pgs=52 BONNIE OBERBILLIG 09/28/2022 09:20 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian (City) 2. Kayla Leah Rich and Jason Rich, as wife and husband, and Chester Properties, LLC (collectively, Owner/Developer) THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 27th day of September 1 2022, by and between City of Meridian, a municipal corporation of the State of Idaho,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642, hereinafter called "CITY", Kayla Rich and Jason Rich, as wife and husband, hereinafter called "RICH", whose address is 745 S Black Cat Road, Meridian Idaho 83642, and Chester Properties, LLC, an Idaho limited liability company, hereinafter called"CHESTER", whose address is 101 S Capitol Boulevard, Suite 905, Boise, Idaho 83702, hereinafter Rich and Chester are collectively called "OW'NER/DEVELOPER". I. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, legally described in Exhibit"A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS,Idaho Code § 67-6511 A 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 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land and further authorizes the modification and amendment of development agreements; and 1.4 WHEREAS, the Owner/Developer has submitted an application to annex and zone the Property; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before the Meridian Planning and Zoning Commission and the Meridian City DEVELOPMENT AGREEMENT—BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 1 OF 2 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian(City) 2. Kayla Leah Rich and Jason Rich, as wife and husband, and Chester Properties, LLC (collectively, Owner/Developer) THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 27th day of September , 2022, by and between City of Meridian, a municipal corporation of the State of Idaho,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642, hereinafter called "CITY", Kayla Rich and Jason Rich, as wife and husband, hereinafter called "RICH", whose address is 745 S Black Cat Road, Meridian Idaho 83642, and Chester Properties, LLC, an Idaho limited liability company, hereinafter called"CHESTER", whose address is 101 S Capitol Boulevard, Suite 905, Boise, Idaho 83702, hereinafter Rich and Chester are collectively called"OWNER/DEVELOPER". I. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, legally described in Exhibit"A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS,Idaho Code§ 67-6511 A 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 further authorizes the modification and amendment of development agreements; and 1.4 WHEREAS, the Owner/Developer has submitted an application to annex and zone the Property; and 1.5 WHEREAS,Owner/Developer made representations at the public hearings before the Meridian Planning and Zoning Commission and the Meridian City DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE I OF 2 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 the annexation and zoning of the Property held before the Planning and Zoning Commission and the Meridian City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS,on the 6th day of September,2022,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 this Agreement governing the development of the Property prior to the City Council taking final action on annexation and zoning; and 1.9 WHEREAS, City further 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 designations 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; and 1.10 WHEREAS,Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request. 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. DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 2 OF 3 3.2 OWNER/DEVELOPER: Kayla Rich and Jason Rich,as wife and husband, whose address is 745 S Black Cat Road,Meridian Idaho 83642,and Chester Properties,LLC,an Idaho limited liability company,whose address is 101 S Capitol Boulevard, Suite 905, Boise, Idaho 83702, hereinafter collectively called "Owner/Developer", the party that owns and is developing the Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian and described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length,which land is subject to this Development Agreement upon recording. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The property shall be used consistent with the uses and dimensional standards allowed in the I-L zone, which include but are not limited to light manufacturing,research and development,warehousing and distributing(i)"storage facility,self-service"'will not be a permitted use on the property; and (ii) vehicle impound sales and repair use must be entirely indoors; otherwise a conditional use permit is required. b. Development of the subject property shall be generally consistent with the approved conceptual site plan, attached as Exhibit"C". C. Development in the I-L Zone shall be generally consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for Mixed Employment (ME) designated areas, with the following clarifications and exceptions: 1 As defined in Meridian Unified Development Code Section 11-1A-1 DEVELOPMENT AGREEMENT—BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 3 OF 4 1) Only building facades fronting on and adjacent to Black Cat Road, Interstate-84, and the east to west collector road running through the middle of the site shall be considered frontage for the purpose of applying the TMISAP development guidelines. The TMISAP development guidelines shall not apply to any other building facades. 2) Notwithstanding any provision in the TMISAP development guidelines, building facades fronting on and adjacent to the east to west collector road running through the middle of the site, along Interstate-84,and the northern boundary of the site shall be required to have an average of 15%of the linear dimension of the frontage in windows or doorways. 3) Parking is allowed along building frontage, provided that the maximum length of parking along a building frontage does not exceed 30% of the linear dimension of total frontage of all planned buildings combined.Frontage parking restrictions do not apply along Interstate-84 or the northern boundary of the site. 4) When required to be constructed, the east to west collector shall be constructed in conformity with the street section design attached as Exhibit"D". d. Development in the I-L Zone shall be generally consistent with the Meridian Architectural Standards Manual, and subject to the administrative design review process,with the following exceptions: 1) Requirements shown on Building Scale, Building Form, Architectural Elements, and Materials Standards Tables apply to building facades along Black Cat Road,I-84,and the east to west collector running through the middle of the site. They do not apply to other building facades. 2) Loading Docks will be allowed on the western fagade along the western boundary of the site. 3) The north facing facades along the northern boundary of the site will use similar colors,materials, and parapet height variation as the southern facades of the buildings. The north facing facades along the northern boundary of the site will also have score markings to create architectural accents in the wall panels and appropriate landscaping. e. Certificate of Zoning Compliance and Design Review applications cannot be submitted until after ACHD accepts the Traffic Impact Study. DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 4 OF 5 f. The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code, Comprehensive Plan, Architectural Standards Manual, prior to issuance of building permits for any structure(s) within this site. g. The Rosenlof Drain shall be left open and may not be piped. h. The total square footage(SF)of approved building occupancy on the site shall be dependent on substantial completion, by owner/developer or any agency or third-party, of the following roadway improvements: 1) Greater than 0 SF: Prior to any occupancy being granted: (i) frontage improvements on Black Cat from the east to west on-site collector to Franklin must be complete; and(ii)turn lanes at the intersection of Black Cat and the east to west on-site collector must be completed as recommended by ACHD. Completion of the above improvements permit occupancy for up to 960,000 SF. Secondary access shall be constructed and approved by the fire department. 2) Greater than 960,000 SF: To exceed 960,000 SF of occupied space on the site: (i) Black Cat must be widened to five lanes between the east to west collector and Franklin; (ii) the intersection of Black Cat and Franklin must be improved as recommended by ACHD;and(iii)the intersection of McDermott and Franklin must be improved with a two-way left turn lane, unless Franklin has been widened to five lanes.Completion of the above improvements permit occupancy for up to 1,500,000 SF. 3) Greater than 1,500,000 SF: To exceed 1,500,000 SF of occupied space on the site Franklin must be widened to five lanes between Black Cat and State Highway 16. A traffic signal must be constructed at the intersection of Black Cat and the east to west on-site collector when a signal warrant analysis shows it is required. 4) East to West On-Site Collector: The east to west on-site collector will be extended from Black Cat Road west incrementally as development progresses subject to the following.The east to west on-site collector shall be fully constructed to the western boundary upon the earlier of. (i) prior to issuance of a Building Permit for Building A or F as shown on Exhibit "C", or, (ii) within 90 days after ACHD's acceptance of a connecting public street from the property to the west (commonly known as 5925 DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 5 OF 6 W. Franklin Road, Ada County Tax Parcel Number S 1216212855). During the building permit review process,Applicant and City staff will work together to confirm the above roadway improvements are reasonably on schedule to be completed consistent with the above occupancy thresholds. The scope and location of the roadway improvements detailed above are summarized on Exhibit"B". i. ACHD required frontage improvements, landscape buffer and pathway shall be constructed along S. Black Cat Rd. with the first phase of development. j. The Applicant shall provide a 10' wide detached multi-use pathway, parallel to the east to west on-site collector road, within either a 14' wide easement (10' pathway + 2' shoulder each side) or within ACHD's right-of-way. k. With the submittal of the first Certificate of Zoning Compliance application on the south side of the east to west on-site collector roadway,provide the City a copy of a recorded cross-access, ingress- egress in favor of the approximately 3-acre property commonly known as 935 S Black Cat Road (Ada County Tax Parcel Number S1216417240). 1. All buildings shall have code compliant fire sprinklers and an Automated External Defibrillator (AED) installed near the main entrance of each individual building. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six(6)months after the date the Meridian City Council approves the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs,successors,assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the UDC and Idaho law. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice of breach 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, DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 6 OF 7 however, that in the case of any such breach 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, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right,but not a duty,to de-annex all or a portion of the Property,reverse the zoning designations described herein, and terminate City services to the de- annexed Property,including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants,agreements,conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive,remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 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 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.6 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. 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 final reading of DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 7 OF 8 the ordinance in connection with the annexation and 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. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer 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. 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: with copy to: Kayla Rich and Jason Rich ATSAW GP, LLC 745 S Black Cat Road 12709 E Mirabeau Pkwy, Ste 10 Meridian Idaho 83642 Spokane Valley, WA 99216 Chester Properties, LLC Sawtooth Development Group 101 S Capitol Boulevard, Suite 905 371 N. Main St, Ste 201 Boise, Idaho 83702 PO Box 4767 Ketchum, ID 83340 Deborah Nelson Givens Pursley LLP 601 W Bannock St Boise, ID 83702 14.1 A parry shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 8 OF 9 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry 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 Owner/Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed.City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed 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 Property can be modified or amended without the approval of the City Council after the City has conducted public DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 9 OF 10 hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A, B, C, D, and E follow] DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 10 OF 11 AC KNOW LI?DGI7ENTS IN NVITNESS \VIIEREOI', [lie parties have herein executed this Agreement and made it effective as hereinabove provided. ON1'NER/I)EVELOPER: CHE'S'11;IZ PROPERTIES, LLC, an Idaho limited liability By: U.S. Bank N.A., 'Trustee for the Jo Ann Eggers Administrative 'Trust Title: Jo Ann Eggers /jJiui-uZtrative "Trust, Sole Member of'Chester Properties, LLC BV. Name: Greg Powers Title: VI' 'lIrust Officer By: K yl✓Riyh�l B ,� .� Jason Rieh CITY OF i✓' ERIDIAN ATTEST: By: N,fayor Robert E. Simison 9-27-2022 Chris Johnson, City Clerk 9-27-2022 DEVELOP,]LN 1 AGREEMENT-M ACK CAT INDUS I RIAL.(I I-202 1-0064) PAGE I I Of 19 STATE 01:1_ la_) ss: County of ) On thisgvL, Iay 01-11� �20Q% before me,the undersigned,a Notary Public in and for said State, personally apl) arec known or identified to me to be the Vice President Trust Officer of C such entity being the"Crustee ofthe.lo Ann Eggers Administrative Trust, such Trust bein ,lsole member of CI IESTER PROPERTI S. I.I.C, an Idaho linlited liability, and the person who signed above and acknowledged to nie that he CSCCLITCCI the same on behal f of said corporation. IN WITNESS \\/I IEREOF. I have hereunto set illy I.pW-an ,d my of l vial seal the clay and }'cal• ill this certificate first above written. (SEAL)%0%tttttrr�i — pNDERsFti��� Notary Public fo NOTARY PUBLIC Residing at: comm,ssion 9 My Co1111111SSIQ11 1:tpll'CS: 34999 A•1y Commission Expires Oct 26.2D24 OF DE\'F1.0P\1ENT'Ac,m:L\TENT BLACK CAT INDUSTRIn1 (11-2021-0064) P,\GF 12 or 19 STATE OF_^. -DAt- ss: County of_ On this day of_ f�`(� ,2022, before me, the undersigned, a Notary Public in and for said State, personally lippeared KAYLA LEAH RICH known to me to be the person named in the foregoing, and acknowledged to me that he executed the same as a free act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. o,'`� MUFF'•, y I� (SEAL) .•���.�,.....• lr •.,� �I�til D •% .• ••• , NOTARY e0 Notary Publ c for _ Ar� 10 Residing at: 0 . �n�'U[3l.tC My Commission Nires: - ,�.h� ' qT: P�• STATE OF _iD/-H )�"' "+••• ss: County of "A On this_�L day of_ 2022 before me, the undersigned,a Notary Public in and for said State, personally app ared JASON RICH known to me to be the person named in the foregoing,and acknowledged to me that he executed the sameas a free act and deed, forthe uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal theday and year in this certificate first above written. Q (SEAL) �,,,I,II,,.,,• _ VIA 1/��1� I� 4 r l,�( MIj •, Notary PUblik for ��'. 'OTAR•••�''�-1 Residing at: L—Cla N Y•; My Commission Aires:_ - �— �nUI�>✓lCIreh •. RT•,....••p4, 0119 11111,011 DLveI.ol'Nll-:N r AGREGI�IGNT-BLACK CAI INDUSTRIAL(tI-202I-00G4) PAGE 13 or 14 STATE OF IDAHO ) : ss County of Ada ) On this 27th day of September 2022, 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. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) PAGE 14 OF 15 �� LEGAL DESCRIPTION r ��` T H E Page 1 of 1 LAND GROUP April 5, 2022 Project No. 121102 EXHIBIT A BLACK CAT ROAD-CHESTER PARCEL ANNEXATION DESCRIPTION A parcel of land located in the East Half of Section 16, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North, Range 1 West, (from which point the North One Quarter Corner of said Section 16 bears North 89'24' 22"West, 2641.42 feet distant); Thence from said Section Corner, South 00' 43' 09" West, a distance of 1328.57 feet on the East line of said Section 16 to the North 1/16th Corner common to said Sections 15 and 16,said point being the POINT OF BEGINNING; Thence South 00' 43' 09" West, a distance of 1328.69 feet on the East line of said Section 16 to the East One Quarter Corner of said Section 16; Thence South 00°43' 16" West, a distance of 99.88 feet on the East line of said Section 16; Thence North 89' 16' 53" West, a distance of 347.44 feet; Thence South 00°46' 01" West, a distance of 454.28 feet; Thence South 89° 16' 53" East, a distance of 347.82 feet to a point on the East line of Section 16; Thence South 00°43' 16" West, a distance of 460.21 feet on the East line of Section 16 to a point on the centerline of Interstate 1-84; Thence North 80° 32' 51" West, a distance of 2658.94 feet on the centerline of Interstate 1-84 to a point on the north-south mid-section line of said Section16; Thence North 00° 29' 23" East, a distance of 606.72 feet on the north-south mid-section line of said Section 16 to the Center Quarter Corner of said Section 16; Thence North 00' 29' 04" East, a distance of 1327.72 feet on the north-south mid-section line of said Section 16 to the Center-North 1/16th Corner of said Section 16; Thence South 89° 23' 16" East, a distance of 2635.98 feet on the east-west 1/16th line of the Northwest Quarter of said Section 16 to the POINT OF BEGINNING. The above described parcel contains 125.59 acres more or less. PREPARED BY: LA IV THE LAND GROUP, INC. 7AA 0 4-5-2022 P a� James R. Washburn �I 'qT DF`pP � SR.WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupine.com I I II UNPLATTEO S00°29'24'W 2666.16' N00°29'23"E 606.72' n — — N00729'04"E 132772' � 1327.72' � � 110.0p1 a� 1 I - Iy9mo 1 I of 1 I — I I 1 Y I I I I g I I I z ml y n I e o s - �v m 0 m T I 5 1 -------------- Io a ------------------- I I I al I I Il I I 1 I I I I I I I I o I I S00°46'01^N 464.28' f u $ l oN59 Im 9A �I yI off alma no.00'�---Ij ---- n - o m. J I S00°43'1B'W 4fi0.21' 454.28' — —g — — — �__ y,( —_ —24001 —1088.1 _ —500°20.92'W 1328.67' S00°4309"W 1328.69 — 220.92'P S00°43'1fi"W 2666.36' N 29 SOUTH BLACK CAT ROAD 263.50' - m S00°43-09-W nn ®0® 9 00S& 4 zFmn CJ GJ uV 7n rya 7 0 sy��ng a 3 Can O so d� P _r gi wd Ho a 'J = x = mod N C1 a W H o �� I - � Nil v m 7m EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--- AND DECISION&ORDER A In the Matter of the Request for Annexation of 126.57 Acres of Land from RUT in Ada County to the I-L(125.59 Acres) and R-15 (0.98 Acres)Zoning Districts,by Sawtooth Development. Case No(s). H-2021-0064 For the City Council Hearing Date of. August 16,2022 (Findings on September 6,2022) A. Findings of Fact 1. Hearing Facts(hearing date of August 16,2022; original CC staff report date: December 21, 2021, incorporated by reference) 2. Process Facts(hearing date of August 16,2022; original CC staff report date: December 21, 2021, incorporated by reference) 3. Application and Property Facts(hearing date of August 16,2022; original CC staff report date: December 21,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(hearing date of August 16, 2022; original CC staff report date: December 21, 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 development agreement provisions set forth in the attached Staff Report for the hearing date of August 16,2022,incorporated by reference. The provisions FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 are concluded to be reasonable and the applicant shall meet such requirements in accord with the 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 is hereby approved per the development agreement provisions in the Staff Report for the hearing date of August 16, 2022, 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 16, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 By action of the City Council at its regular meeting held on the 6th day of September 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) c Mayor Robert ` ison 9-6-2022 Attest: g',,-ag- :,iuDAN SPAI. Chris John n 9-6- City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Dated: 9-6-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 12/21/2021 Legend -1 DATE: Project Lflcfltor _ TO: Mayor&City Council FROM: Alan Tiefenbach 208-884-5533 t SUBJECT: H-2021-0064 Black Cat Industrial ' o LOCATION: The site is located at 350, 745, 935, and 955 S. Black Cat Road and Parcel S1216131860 s I. PROJECT DESCRIPTION Annexation of 129.21 acres of land with the I-L zoning districts to allow industrial development. This application also includes a proposal to annex a 0.98-acre property with the R-15 zone district to provide the required annexation path. NOTE:Staff has met with the applicant numerous times to discuss this project. Staff has expressed many concerns including the lack of compliance with the Ten Mile Interchange Specific Area Plan (TMISAP) in both use and design,potential traffic impacts,probability of low job generation, and whether the timing is right for a development of this magnitude in this location when other properties on the east side of N. Black Cat Road have not fully built out as approved. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 130.2 acres Future Land Use Designation Medium High Density Residential for the 0.98-acre parcel to the east,Mixed Employment and Low-Density Employment for the 129 acres to the west. Existing Land Use(s) Vacant and Single Family Residential Proposed Land Use(s) Industrial business complex Lots(#and type;bldg./common) 5 existing lots,no platting proposed with this application Phasing Plan(#of phases) Phase Plan indicates 3 phases Number of Residential Units(type One single family residence being retained. of units) Description Details Page Density(gross&net) N/A Physical Features(waterways, The Rosenlof Drain is indicated along the northern hazards,flood plain,hillside) property line,but not on the subject property. Neighborhood meeting date;#of August,9,2021,22 attendees including the applicants attendees: B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State S.Black Cat Rd.is existing,concept plan indicates east- Hwy/Loca1)(Existing and Proposed) west collector through the middle of the site,and new north-south collector at west property line. Traffic Level of Service Better than"E". Stub Street/Interconnectivity/Cross East west collector bisecting the property,and a north- Access south collector running along western property line proposed. Existing Road Network S.Black Cat Rd and W.Franklin Rd Existing Arterial Sidewalks/ There are no existing buffers or sidewalks along S.Black Buffers Cat Rd. Proposed Road Improvements Applicant would be required to improve S.Black Cat Rd with 17 feet of pavement and curb,cutter and sidewalk. Applicant would also be required to construct two east- west collectors(one through the middle of the site,one along the northern property line,and one north-south collector along the western property line. Fire Service • Fire Response Time • Project can be served,but will be out of 5-minute response time. _ • Comments • Station 6 is closest at about 6 to 7 minutes away.All buildings will be sprinklered and may need fire pumps to meet fire flow.The entire project will require secondary access that meets the 2018 IFC. • The proposed fire station property is in a good location for the MFD future station areas,but at this time there is no avenue to trade the property for impact fees.The city would need to purchase the property outright. Police Service No comments Wastewater • Distance to Sewer Directly Adjacent Services • Sewer Shed South Black Cat Trunkshed • WRRF Declining Balance 14.21 • Project Consistent with Yes WW Master Plan/Facility Plan • Issues/Comments • Flow is committed. Description Details Page Public works is okay with the building up of the site to accommodate sewer as long as surface slopes are no more then 3:1 All drainage is retained onsite. • There are multiple 8"lines without easements. Easements must be provided for 8"mains,however, based off flows these could be decreased to 6" service lines. • Ensure no sewer services pass through infiltration trenches. Water 1 ■ • Distance to Water Services 340 ft. • Pressure Zone 1 _ • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Water will be provided initially from pressure zone 1, but will be from pressure zone 2 when development from the east connects. Pressure change will be approximately 22 psi higher. • Provide for water connections at future road connections to east and west(blind flange or stub to PL as appropriate. • Ensure adequate valving is provided to allow future pressure zone change. • Existing wells must be decommissioned according to IDWR rules which include employing methods to ensure grout fills the annular space outside of the well casing. Record of abandonment must be provided to the City prior to final plat signature. Project Area Maps Future Land Use Map Aerial Map Legend H gh 'er Legend Re�sidn 01 SENN Cl F o:ea Lxafar F,o"eo- Lxa"ar 4 - raI u rial � ym nt MU Ref —Nkixe l High - w n sity Residential - ! i b b Zoning Map Planned Development Map Legend Legend =1� Project Lorca iron 'M-E � Pra*ect Lorca ton _ i R1 R-145 R1 -15' ;_ city Limit his Planned Parcels 7 R- a ,®� E TN-C iiA2 m pu R1 __o R1 b RR i b Applicant Information A. Applicant/Owner: Will Goede, Sawtooth Development—371 N. Main St. Ste 201, Ketchum, ID 83340 B. Representative: The Land Group—462 E. Shore Dr, Ste 100,Eagle,ID 83616 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 11/2/2021 7/31/2022 Radius notification mailed to properties within 300 feet 10/28/2021 7/28/2022 Sign Posting 10/29/2021 12/2/2021 Nextdoor posting 10/28/2021 7/29/2022 IV. STAFF ANALYSIS This is a proposal for annexation of 129.21 acres of land with the I-L zoning districts to allow an industrial development including 9 buildings ranging in size from 131,000 to 342,160 sq. ft. (Buildings A-J) and 7 smaller commercial buildings ranging in size between 6,800 to 33,600 sq. ft. (Buildings K1-MI). This application also proposes to annex an 0.98-acre property with the R- 15 zoning district for the sole purpose of making this property contiguous with City limits in order to request annexation. A. Annexation and Zoning The applicant proposes to annex the 0.98-acre parcel with the R-15 zoning district in order to achieve the contiguity to be eligible to annex the 129.21 acres of property on the west side of S. Black Cat Rd. The applicant proposes to rezone the remaining 129.21 acres west of S. Black Cat Rd. to I-L(Light-Industrial).As is discussed below, staff does not support rezoning to I-L and finds M-E would be the appropriate zoning as indicated in the TMISAP. Staff does find the Plan supports rezoning the 0.98-acre parcel to R-15, although the applicant has not offered any additional details regarding future use of this property other than the existing residence will remain. B. Future Land Use Map Designation(https://www.meridiancity.or /�compplan) The subject properties are within the Ten Mile Interchange Specific Area Plan (TMISAP). The Plan designates 745 S. Black Cat Road and the eastern half of Parcel#S 1216131860 for Low Density Employment(Buildings K1-MI). The Plan designates the western half of Parcel #51216131860, 935 S. Black Cat Rd and all of Parcel#51216417365 for Mixed Employment (Buildings A-J). The property at 350 S. Black Cat Rd(east side of N. Black Cat Rd) is designated for High Density Residential(density range of 8 to 15 dwellings/acre). i. Low Density Employment This use is defined by the TMISAP as low-rise office and specialized employment areas. Low Density Employment areas should provide a variety of flexible sites for professional offices and similar businesses. Low Density Employment areas should be designed with elements of Traditional Neighborhood Design. Design and development standards such as landscaping,pedestrian circulation and connection to open spaces, are recommended to help make developments more attractive, engaging and accessible places. Appropriate land uses include corporate and business offices as well as research facilities and laboratories. ii. Mixed Employ This use is described by the TMISAP as an area 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. Mixed Employment 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. Mixed density employment will accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. fa US Trial I� LAW d�nSllt]1 'Medl- g h Density\• 'Re idelntial - / RUC EI f Deny Em ym Applicant's proposal: The applicant requests to annex and zone the 129.21 acres of property west of S. Black Cat Rd to I-L. The applicant requests to annex and zone the 0.98-acre parcel at 350 S. Black Cat Rd to R- 15. The applicant's narrative states their proposal meets the TMISAP intent of low-density employment and mixed employment areas as it would provide a variety of flexible sites and allow the larger double and single loaded light-industrial buildings to be divided into spaces as small as 18,000 square feet. The narrative states the Black Cat Business center would provide in-demand manufacturing,heavier office build-out, flex industrial and accessory retail,warehousing and distributing facilities in this region. It mentions the Mixed Employment designation in the TMISAP does list light industrial as one of the appropriate uses.Finally,the narrative notes the City of Meridian has less than a 1 percent vacancy rate for industrial business uses,and the Treasure Valley as a whole lags behind its peer markets. The concept plan submitted by the applicant indicates 7 buildings ranging in size between 6,800 to 33,600 sq. ft directly adjacent to the west side of S.Black Cat Rd(Buildings K1-M1). The applicant's narrative states that in this area the project includes flex incubator buildings which could be divided into spaces as small as 2,500 square feet. The applicant also proposes to set- aside an approximately 18,000 sq. ft. lot for a potential 10,000 sq. ft. fire/emergency services station. On the remainder of the subject properties to the west,the concept plan reflects 9 very large buildings ranging in size from between 131,820 sq. ft.to 293,280 sq. ft. to a total of 1,897,480 sq. ft. (Buildings A-J). These buildings are oriented with one row north of a new collector and one row south of the new collector. The concept plan shows multiple loading bays on all buildings and a wide collector street to accommodate large truck traffic. Staff Response: Staff does not support annexation and zoning to I-L as I-L would allow uses not supported by the Plan in this area. Staff s response to the applicant has been that the TMISAP vision for the area adjacent to I-84 is an employment district that will support the creation of more than 20,000 jobs offered by a wide variety of employers. It should serve as a primary gateway to Meridian and Meridian's prosperity, and provide local employment to the large amount of new residential across S. Black Cat Rd to the east and W. Franklin Rd to the north and east. Staff notes the TMISAP states"the City knows that this is one of the last remaining large, contiguous areas of highly visible,easily accessible, and developable land within the City of Meridian's Area of Impact." The applicant's narrative mentions light industrial is listed as one of the appropriate uses in the Mixed Employment Plan Area. This is correct,but the TMISAP refers to light industrial as manufacturing and assembly,which is consistent with the definition of light industrial per UDC 11-1A-1. Although the I-L Zoning District could allow numerous primary jobs,it also allows uses by right that would not be consistent with the goal for Mixed Employment per the TMISAP.This includes warehousing, distribution and self-storage,which typically does not produce a large number of primary jobs. Other uses allowed by right which staff believes are not consistent with the Plan include contractor's yards, equipment rental and sales,vehicle repair, and car dealerships. The plan designates these types of industrial uses to occur adjacent to W. McDermott Rd, further west of the subject property, away from the residential that is intended to develop across S. Black Cat Rd to the east. Based on the concept plan that has been provided by the applicant,the majority of the plan suggests a warehouse and distribution/storage development. This is in contrast to the TMISAP vision for sense of place,traditional neighborhood design, streets designed to serve all users, and multi-story construction(although the smaller Buildings K1-M1 directly adjacent to S. Black Cat Rd,would be closer to the TMISAP vision). Staff has recommended the applicant apply to rezone to Mixed Employment(M-E),which allows the mixture of office,research, specialized employment areas and the type of light industrial (manufacturing and assembly)which is intended for this area by the Plan. The applicant has elected to proceed with I-L zoning. Staff agrees there may be a strong market demand for industrial uses,but the Plan specifically says the intent of the TMISAP is to create a place that will add to the long-term economic stability of the City of Meridian,not just respond to immediate market forces and trends(page 3- 3). C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • Focus on developing industries that exceed the living wage, such as technology, healthcare and other similar industries. (2.06.01E) The TMISAP designates the subject property (except for 0.98-acre 350 S. Black Cat Rd)for low density and mixed employment. These areas are intended to capture full economic advantage of the Ten Mile interchange to enhance the long-term fiscal health of the City of Meridian and the Treasure Valley.Although annexing and zoning this area to I-L could create primary jobs as anticipated by the Plan, it could also allow uses such as distribution, warehousing and self-storage that would not create a significant amount ofprimary-wage jobs. • Ensure that regulations and plans support and encourage desired development and land use patterns within the Area of City Impact. (3.01.01 C) The TMISAP specifically targets the subject property to accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. There are additional design guidelines to create an environment that has a significant degree of coherence and continuity. The annexation of the subject property for the industrial uses described by the narrative and depicted on the concept plan do not meet the intent of the Plan in both use and design.Also, the Community Planning Association of Southwest Idaho (COMPASS) has submitted a development review letter. The summary of the letter indicates that COMPASS finds the level of stress on the roads would be "R" (unsatisfactory), it would lead to further decrease in the jobs I housing balance, and is not within the%mile walkable distance preferred for transit and goods and services. • Evaluate development proposals based on consistency with the vison as well as physical, social,economic, environmental, and aesthetic criteria. (3.01.01D) The TMISAP vision for this area is an employment-generating center that buffers the community from I-84 and the future extension of Highway 16, and serves the employment areas with easy access to markets, high-speed transportation facilities, and employees across the Treasure Valley. The TMISAP contains additional design standards for this area to create a sense of place and a unique identity. The proposed annexation and zoning to I-L to allow an industrial development of large distribution-style warehouses bisected by a wide collector road to facilitate freight traffic is not consistent with the Plan vision or the design for this area. • Promote Ten Mile,Downtown, and The Village as centers of activity and growth. (2.09.03B) As already mentioned, the TMISAP designates this area for an employment center for the local population in close proximity to nearby residences. Rezoning to I-L to allow a distribution and warehousing development would provide growth, but not the type anticipated by the Plan. Establish distinct, engaging identities within commercial and mixed-use centers through design standards. (2.09.03A) The Ten Mile Interchange Specific Area Plan focuses on developing an area that has an identity of its own, but which links to the nearby development. The current application could allow numerous uses not desired by the Plan, with monotonous architecture and design not consistent with the design guidelines. This does not further the intent of the Plan to create a unique sense ofplace. • Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits. (4.05.03B) This applicant proposes to annex 129 acres of undeveloped property which is surrounded by unincorporated land on all sides except at the northeast corner, in which the 0.98-acre parcel is being annexed in order to achieve the required contiguity. Further, much of the property to the east is not annexed or annexed with development agreements, but not built-out to their full capacity,further exacerbating the strain on the transportation network in the area. Full impacts on the transportation system will not be known with this development until the applicant completes a traffic study for ACHD to review and approve. There are no anticipated improvements to S. Black Cat Rd and W. Franklin Rd in the short term, and the closest water and sewer connection is approximately 340 feet to the north of the property. This would be considered unorderly and fringe development. D. Existing Structures/Site Improvements: The majority of the property is vacant, except there is single family and agricultural development located at 935 and 745 S. Black Cat Rd. If these properties were rezoned to I-L,the residential and agricultural buildings should be removed. E. Proposed Use Analysis: The applicant proposes to zone to I-L. As mentioned above, staff believes the I-L district allows uses by-right which are not consistent with the high employment-generating uses intended for this area by the Plan, and the concept plan suggests a distribution and warehousing(or self-storage) development. Staff finds Mixed Employment(M-E)is the zone district which is more consistent with the TMISAP for this area. Staff believes the proposal to annex and zone 350 S. Black Cat Rd to R-15 would generally be consistent with the Medium High-Density Residential designation of the TMISAP. The applicant has not submitted any additional information for this property other than annexation of this property is necessary for the remaining 129.21 acres to be eligible for annexation. If the subject annexation is approved,the existing residence would need to connect to City services. F. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-25 (Industry, light and heavy)requires all shipping and delivery and outdoor activity areas to be at least 300 ft. from any abutting residential district.Applications should identify how proposed use will address impacts of noise and other emissions on residential districts. The concept plan shows the outdoor loading and activity areas are at least 300 ft. from the adjacent residential district to the east. The applicant does not provide an explanation regarding potential impacts and/or how they would be mitigated. G. Dimensional Standards(UDC 11-2): The I-L zoning district requires a 35' street setback,20' landscape buffer along collector streets, 25' wide buffer along arterial streets, and allows height up to 50'. The concept plan and elevations submitted appear to meet these requirements. The TMISAP introduces basic rules of good design. This includes buildings built to public rights- of-way, easy pedestrian access,narrow streets to slow traffic, and the facades of larger commercial buildings being broken down into short frontages with"big boxes"being wrapped in smaller commercial,residential,and office uses. With some revisions, staff believes Buildings K1-M1 as shown on the concept plan could mostly reflect these principles, although the buildings are oriented around a central parking lot rather than a courtyard. Also,the TMISAP mentions building frontages,rather than surface parking lots and landscaped areas,should"hold the corners"by framing sidewalks or public spaces whereas the entrance of this development from S. Black Cat Rd consists of landscaping and parking lots with building maintaining larger setbacks. The larger buildings A-J are oriented to a wide collector street,have larger front setbacks,have single building frontages between 180 ft. and 470 ft. in length, and are not broken down or wrapped with smaller buildings. Staff does not believe this encapsulates the TMISAP principals for design envisioned for this area and is skeptical the concept plan could be designed to meet these principles for the use as proposed. The City Council should decide whether this type of industrial use is appropriate in this area. H. Access(UDC 11-3A-3, 11-3H-4): W. Franklin Rd west of the subject property is presently 2 lanes with no curb, gutter or sidewalk, and narrows to one lane west of S. Black Cat Rd. S. Black Cat Rd. is presently 2 lanes with no curb, gutter or sidewalk. The ACHD Capital Improvements Integrated Five Year Work Plan (IFYWP) shows the intersection of Franklin Road and McDermott Road to be constructed as a multi-lane roundabout sometime after 2026. Black Cat Rd is listed to be widened to 5 lanes between W. Overland Rd.to W. Franklin Road in 2036 to 2040. W. Franklin Rd. is planned to be widened to 5 lanes between W. McDermott Rd and S. Black Cat Rd from 2026 to 2030. W. Franklin Rd is eventually intended to connect to SH 16 by a signalized intersection. The TMISAP Transportation System Map shows a new collector street bisecting the property east to west and a new north-south collector street at the western property line(page 3-18). The TMISAP notes the primary purpose of the collector is to serve short length neighborhood trips and to channel traffic from local streets and abutting properties to minor and principal arterials (page 3-19). -�... Subject Property PntnntulkwwlExMm+m 3 4 Powtal Cdbcror Extension NNN�rN LeW O Rwnd bC The TMISAP Street Section Map designates new collectors in this area to be Street Section C (page 3-20). Section C represents the major collector streets to provide access from adjacent arterial streets into the employment areas. Street Section C(below)includes 11 ft.wide travel lanes, 6 ft. wide bike lanes, 8 ft.wide carriage strips, 6 ft. wide sidewalks and approximately 10 ft. setback from the back of detached sidewalks to the building wall (to a total width of 68'). This is consistent with the"complete street" concept discussed by the TMISAP to provide a street that works for motorists,bus riders,bicyclists, and pedestrians, including people with disabilities and to provide traffic calming. �a' 6' e' 6' 11' 11' Bike rave ane IravelLane e lane 34' Labe Cmb•to•mrb distanre The concept plan provided by the applicant reflects the east-west collector bisecting the site to be 60' wide with all of this being travel lanes, and detached pathways and landscaping outside of the 60' of travel lanes. Rather than on-street parking,there are several rows of parking between building fronts and the road. Page 7 of the narrative states that the"new collector road bisecting the development site will"provide easy freight access to the project"which is indicative of a typical industrial development. This is not consistent with the mixed employment area and with the street design principals on Page 3-20 of the TMISAP which state that"streets should be designed and sized to optimize pedestrian comfort and to facilitate slow-moving vehicular traffic." a n - (Ne nT#t ff[)- — I I A171, I. I k -- I I 1. IIIII^�'I+.�IiIII�I�II1J�L11E!I�)I�IIIIA�,. Concept Plan street layout ' hi addition to the collectors shown on the TMISAP Transportation System Map,the TMISAP Land Use Map(Page 3-16) shows a desired local street bisecting the site north to south. Also, ACHD has commented a third collector street is required along the Rosenlof Drain, at the northern perimeter of the property(the local street would connect the two east-west collectors). Although staff has mentioned to the applicant to provide this north-south local street,this connectivity is not provided on the concept plan. The northernmost collector as required by ACHD is also not shown. A traffic impact study is not a required item for an annexation application. However, staff notes this application proposes almost 2 million sq. ft. of new commercial or industrial square footage. Although the immediate area is mostly undeveloped,there is a significant amount of development in the vicinity which can be or has already been built,has been approved, or is in the development application stage. This includes 330 single family lots and 240 apartments in the Braya Subdivision across S. Black Cat Rd. to the east, and the large amount of commercial and residential development occurring at the 10 at Meridian,Vanguard Village, Ten Mile Crossing and TM Creek Crossing developments on both sides of N. Ten Mile Rd. south of W. Franklin Rd. Staff has mentioned to the applicant that the traffic impacts of nearby development already entitled have yet to be realized,there are no anticipated road improvements to W.Franklin Rd and S. Ten Mile Rd. in this area in the short term, and has expressed concerns regarding how the impacts of 2 million square footage of new industrial would affect the road network. The applicant has not provided any additional analysis. 1. Parking(UDC 11-3C): UDC 11-3C-6 requires one space for every two thousand sq. ft. of gross floor area in industrial districts.With Buildings A-J listed on the concept plan as comprising 1,900,000 sq. ft. +/-,this amounts to 950 parking spaces,whereas based on the numbers given on the concept plan,the number of parking spaces provided well exceeds this requirement. Future planning land use applications will determine the required number of parking spaces for all uses. The TMISAP encourages on-street parking throughout the Ten Mile Interchange Area where appropriate.Not only does on-street parking significantly add to the supply of needed parking spaces, it provides an additional layer of physical and psychological separation between cars moving along the street and pedestrians, shoppers, diners and others on the sidewalks. Parking lots should not dominate the frontage of pedestrian-oriented streets or interrupt key pedestrian routes. Ideally,parking lots should be located behind or underneath buildings or within the interior of blocks. Less ideally, lots can be located beside the structures they serve. All parking lots visible from public thoroughfares should be screened by plantings or walls or a combination of the two. (page 3-26). As mentioned in the access section above,the concept plan reflects a wide collector street designed for truck traffic with no on-street parking. The majority of parking is provided to the side of Buildings A-J,but there are two rows of parking between Buildings G,H and the collector street. There is also a parking lot directly adjacent to S. Black Cat Rd south of Building M1, and Buildings L2 and L3 are oriented around a central parking lot which is adjacent to S. Black Cat Rd and parking. This is not consistent with the Traditional Neighborhood Design principles of the TMISAP which would support buildings oriented around a plaza, open space or courtyard and buildings rather than landscaping or parking"holding the corners." J. Pathways ( UDC 11-3A-8): The Pathways Master Plan(PMP)reflects a 10 ft. wide multiuse pathway aligned east-west at the southern perimeter of the site, adjacent to I-84. The concept plan indicates a 10' wide pathway along the southern perimeter of the site in the general location of the alignment shown on the PMP. It does appear the required 5 ft. wide landscape strip is provided along both sides of the pathway except near the southwest portion of the site. K. Sidewalks(UDC 11-3A-17): The concept plan indicates detached sidewalks of an unspecified width paralleling the new collector street on both sides,along S. Black Cat Rd., along the western property line, and along landscaped islands running north-south between Buildings K1-M1 and Buildings A-J. Landscaping and/or parkways of an unspecified width are provided on both sides of the detached sidewalks. The sidewalks do provide connectivity throughout the development and to adjacent properties to the north and south. As mentioned in the access section above,the sidewalks are not consistent with Street Section C as it is reflected in the TMISAP. Instead of being components of a walkable street section,they run along a series of parking lots and drive aisles, consistent with what would be expected in a large industrial development. L. Parkways (UDC 11-3A-17): UDC 11-3A-17 requires parkways of a minimum width of 8 feet. It does appear parkways are incorporated into both sides of all detached sidewalks, although the width of these parkways is not provided. M. Landscaping(UDC 11-3B): A 50 ft.buffer is required along 1-84, a 20-foot wide landscape buffer is required adjacent to collector streets,and a 25-foot wide buffer required adjacent to arterial streets(S. Black Cat Rd). UDC 11-313-8 has landscape requirements for parking lots including 5 ft.perimeter streets and islands of at least 50 sq. ft.per every 12 parking spaces. The concept plan as submitted does appear to show the minimum landscape requirements are met,although as mentioned in the access section,the proposed collector streets do not appear to meet the Street Section C requirements as mentioned in the access section above. Landscaping requirements would be analyzed with future development. N. Qualified Open Space (UDC 11-3G): As the development is proposed to be an industrial development,it is not subject to the qualified open space requirements of UDC 11-3G. However,the concept plan does indicate small parks on either side of the collector at the entrance of the development near where it connects to S. Black Cat Rd. Staff does believe this is a nice amenity, although the TMISAP notes that care must be taken to ensure that the programming and use of the space is not disrupted by vehicular traffic (page 3-43). O. Utilities Connection to City water and sewer services is required in accord with UDC 11-3A-21. Water and sewer are available in S. Black Cat approximately 340 feet north of the property. The applicant will be required to extend the sewer main and provide a connection for the properties across S. Black Cat to the east and south. The applicant will be required to extend the water main, stub the water line at the west property line and loop the line to the north to W. Franklin Rd. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances and the TMISAP. See Section VIII.B below for Public Works comments/conditions. P. Architecture(UDC I1-3A-19 I Architectural Standards Manual): The Architectural Standards Manual(ASM)has specific requirements for industrial developments. Building design should address scale,mass, form, and use a variety of materials and architectural features to ensure an aesthetic contribution compatible with surrounding buildings. There should be modulation in surface plane at no less than 50 ft. intervals. Developments should consider the scale of surrounding buildings. There should be at least 2 pedestrian-scale architectural features,physical distinctions to anchor the building. There should be at least two different field materials,with at least one accent material. The Design Section of the TMISAP is intended to serve as the basic framework on any given project within the Ten Mile Interchange Area and the basis for development of future design guidelines. Guidelines include the primary facades always including entries into buildings,being faced toward the streets, and entries being located so as to provide direct access from adjacent public spaces,primary streets and activity areas. In the low-density employment and mixed employment areas, low rise buildings of 2-4 stories with shallow setbacks are recommended over much of the area(page 3-38). At least 40%of the linear dimension of the street level frontages shall be in windows or doorways, and buildings should have three separate components—base, body and top. Page 1-3 of the TMISAP contains photographs and design graphics to illustrate the architectural character desired in the Low Density and Mixed Employment Areas. ,1 WIN .r mtr Low Density Employment Mixed Employment Mixed Employment I I ryy r � u 9 S B . . . . . . . . . . . . .. .. . .... Ho mrre ttwn 30%porlung on tho Pont t m 4 ste nos 0 4 . . ... .. . . . . . ... .. Base Body&Too rem; k R 20%Mfndnws.Sngle plane watl magnum distance=5Obig*gM E ........ S 1 9........ _ Mixed Employment The concept elevations provided by the applicant reflect large one-story industrial buildings(with higher ceilings and upper windows to appear as two-story)comprised of tilt-up concrete, CMU, moderate to large setbacks from the street, and frontages with less than the 20%required windows along the streets. Primary entrances are oriented inward toward the parking lots rather than toward the street. The applicant's narrative states that due to security and visibility concerns, the light industrial use of the buildings does not support windows across the entire frontage. As an alternative,they propose enhanced glazing at corner entry elements as shown in the renderings. Staff notes design can be addressed during the time of the Certificate of Zoning Compliance (CZC). However, due to the proposed use it is unlikely the applicant's proposal as submitted could meet all the design requirements of TMISAP for Low Density and Mixed Employment in this area(such as variation in building height, orientation of primary frontages and massing and ground floor transparency). This proposal is for a large industrial complex with a concept plan suggesting warehousing, storage and/or distribution which would be challenging to design as the TMISAP discusses. The Planning Commission and City Council should discuss whether the I-L zone district,and the uses that would be allowed,is appropriate in this location. V. DECISION A. Staff: Staff recommends DENIAL of the requested annexation and zoning to I-L and R-15 based on the Findings in section IX. B. The Meridian Planning&Zoning Commission heard this item on November 18,2021. At the public hearing,the Commission voted to recommend denial of the subject annexation request. 1. Summary of the Commission public hearing_ a. In favor: Deb Nelson,Mark Bottles b. In opposition:None c. Commenting: Deb Nelson and Mark Bottles d. Written testimony: Jim and Julie Olsen e. Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Traffic Impacts b. One citizen stated that many of the projected traffic improvements in this area are being removed due to lack of funding. 3. Key issue(s)of discussion by Commission. a. Asked applicant why I-L zoning was being requested and why M-E would not work. b. One Commissioner commented that although this was designated as employment center, jobs create more traffic. C. Commission voiced concern that the 0.98-acre parcel being annexed was only part of this proposal to make it eligible for annexation. d. Mentioned there is a lack of infrastructure,traffic was already an issue and this proposal seemed premature. 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard this item on December 21,2021,March 1,April 26 and August 16,2022.At the public hearing.the Council voted to approve the subject AZ request. I. Summary of the City Council public hearing: a. In favor: Deb Nelson,Tim Wolff.and Shane Felker b. In opposition:None C. Commenting: Kayla Rich,Corinne Kaddas,Julie Olsen, Terry Nyborg,Kristy Inselman. Paul Sevoy,Drew Eggers,Chris Pearson. Mark Bottles. and Bri Earley d. Written testimony: Jim and Julie Olsen,Drew Eggers,Jake Merrill,Jarron Langston Ronald Van Auker, Chase Weaver, Sam Johnson, Chris Nolan,Jesse Adame.Kathy McManus,Mark Bottles,Terri O'Neal.and Guy Shinn e. Staff presenting application: Alan Tiefenbach and Caleb Hood f. Other Staff commenting on application: Bill Nary and Tori Cleary 2. Key issue(s)of Public testimony: a. Additional truck traffic on Black Cat Road b. Need for industrial zoned land in the City 3. Key issue(s)of discussion by City Council: a. Prohibiting certain uses from developing on the Property b. Franklin and Black Cat Road improvements C. Design of the proposed industrial buildings and ensuring some consistency with the TMISAP d. Pining of the Rosenlof of Drain e. Timing for the complete extension of the east/west collector f. Timing for the completion of the traffic study g. Cross access with properties north of the Rosenlof Drain h. Offsite extension of a north/south collector on the Asumendi property i. Timing for the development may be premature Comparison of the M-E vs. I-L zoning districts k. Anticipated employment generated from the proposed industrial development 4. City Council change(s)to Commission recommendation. a. See section VII. for the applicable development agreement provisions. VI. EXHIBITS A. Proposed Concept Plan(date: 8/16/2022) (NOT A PP12 NTErn _ x _ ® pp © PARCEL C O K1 c « ETT = B D E mil 0 0 - K+ I o « o - - T11- --- ; - aec _ O O d u v i w NOT PART OF THE �_ PROJECT ® O O «x B. East/West Collector Street Section I I SOUTH&WEST SIDE NORTH&EAST SIDE eve fA$EII[Ni S�VM FdSEAIEirI qL wA1N VRRIE$ H PHWOSEVRIGXE-0FWAY CTEYnWES I II P7 77 I I� 4701K7o eAClt I 6sWM I O.Y CEEIB � I le CWN 12 E2 12 8'IM ttr � Jfi7�stmx�EuwrEx�iEs �mau�u.n�m�Tnu� nsmEa YWNTPBs�suwlt�7-k i I nti zox P swnwntea wuu—�..p {wNGEPNu[uGnOH1 tmru oar unurv� '.AGM iafHCH LOHNOCl1 gin�w[a�,T..� IG6lLfPiaAL IDLRT[M� C. Roadway Improvement Graphic CHD WIDEN FRANKLIN TO 5-LANES FRANKLINIBLACK CAT � INTERSECTION FRAN KLI NiMcDERMOTT IMPROVEMENTS INTERSECTION , IMPROVEMENTS .• ° Cj aw a4 W c z > m -. � 0 z LU .� c ._... _.-. _J. LL ON SITE COLLECTOR TRAFFIC SIGNAL � D. Annexation Legal Descriptions and Exhibit Map April 5,2022 Project No_121102 EXHIBIT A BALCK CAT ROAD COMBINED ANNEXATION DESCRIPTION A parcel of land located in the East Half of Section 16,Township 3 North, Range I West, Boise Meridian, Ada County-, Idaho,being more particuiarly describedasfollows: Commencing atthe Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North,Range 1 West,(from which point the North One Quarter Corner of said Section 16 bears North 89°24'22"West, 2641.42 feet distant); Thence from said Section Corner,South 00'43'09" West,a distance of 1328.57 feet on the East line of said Section 16 to the North 1f16th Corner common to said Sections 15 and 16,said paint being the POINT OF BEGINNING; Thence South 00'43'09" West,a distance of 1328.69 feet on the East line of said Section 16 to the East One Quarter Corner of said Section 16, Thence South 00143'16"West,a distance of 99.88 feet on the East line of said Section 16, Thence North 89'16'53"West,a distance of 347.44 feet,- Thence South OW 46'01"West,a distance of 454.28 feet; Thence South 89'16'53"East,a distance of 347.92 feet to a paint on the East line of Section 16; Thence South 00'43'16'West,a distance of 460.21 feet on the East I i ne of Section 16 to a po i nt on the centerline of Interstate 1-84, Thence North 80"32'51"West,a distance of 2658.94 feet on the centerline of Interstate I-84 to a paint on the north-south mid-section line of said Section 16; Thence North 000 29'23" East,a distance of 606.72 feet on the north south mid-section line of said Section 16 to 6e Center Quarter Corner of said Section 16,- Thence North 00'29'04" East,a distance of 1327.72 feet on the north-south mid-section line of said Section 16 to the Center-North 1/16th Corner of said Section 16; Thence South 89° 23' 16" East, a distance of 21535.98 feet on the east-west 1f16th line of the Northwest Quarter of said Section 16tothe POINT OF BEGINNING_ The above described parcel contains 125.59 acres rnore or less_ TOGETHER WITH: A parcel of land located in the West Half of the Northwest One Quarter of Section 15,Township 3 North, Range 1West,Eloise Meridian,Ada County,Idaho,being more particularly described as follows: Commencing atthe Section Comer common to Sections 9,10,15 and 16 of said Township 3 North, Range 1 West,(from which pointthe West One Quarter Corner cfsaid Section 15 bears South 00°43'09"Westr 2657.26 feet d istant); 462 East ShWe drive. sulle 100, Eagke. Naha 63615 2CS.333 L041 thelanegroupinc eom Page 2 of 2 Thence from said Section Corner South 00`43'09"West, a distance of 1117.31 feet on the West line of said Section 15 to the Northwest Corner of that Parcel shown on Record of Survey Number 639 of Ada County Records,said point being the POINT OF BEGINNING,- Thence South 89016 46" East,a distance of 176.25 feet on the north line of said Record of Survey Number 639 Thence South 00°43'09 West,a distance of 263.50feet on the east line of said Record of Survey Number 639; Thence North 75°41'51"West,a distance of 181.32 feet on the south line of said Record of Survey Number 639 to a point on the west line of said Section 15'. Thence North 00'43'09 East, a distance of 220.92feet on the west line of said Section 15 to the POINT OF BEGINNING_ The above described parcel contains 0.98 acres more or less_ PREPARED BY — THE LAND GROUP, INC. L LA]y tr a 7SlAf� � 4-5-2ozz James R_Washburn 4F 402 East Short Dmee, Suft 100. Ea0e Idaho 63615 2H.U9 4 D4 1 thelanogrrupioc core —a— Annexation Map y��..,. WEST FRANNWM ROAD ———————— x �Z®PRO for =9g AT Aquisitions,LLC Tsiu s� Situate in the East 1/2 of Section 16 nab TmmahipR Rtirth Range1 West.Roue 6lencian ��p vrr�.rres ., varurr.o uxr..nro u....rrro va.,.rreo R� Alg Ada County,Idaho 2012 t 1 � G aR ¢ I a I � U I _ I I III U la I I m I ,ssaacn¢ I� i �eeiwn I R I I I I ------------ ~ O LAND -- ---------- �'"'"" --------- --- >QAe o GROUP i <wr,smr.m,:mm raurisa �� 0 VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1.1. A Development Agreement(DA) for the I-L zoned property is required,which shall at a minimum, incorporate the following provisions. a. The property shall be used consistent with the uses and dimensional standards allowed in the I-L zone,which include but are not limited to light manufacturing.research and development,warehousing and distributing(i) "stora e fe acilit� self-service"' will not be a permitted use on the property and(ii)vehicle impound sales and repair use must be entirely indoors: otherwise a conditional use permit is required. b. Development of the subject property shall be en�erally consistent with the approved conceptual site plan,attached as Exhibit A. C. Development in the I-L Zone shall be generally consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAPI for Mixed Employment(ME)designated areas with the following clarifications and exceptions. Only building facades fronting on and adjacent to Black Cat Road.Interstate-84, and the east to west collector road runningthrough the middle of the site shall be considered frontage for the purpose of applying the TMISAP development guidelines. The TMISAP development guidelines shall not apply to any other building facades. 2) Notwithstanding any provision in the TMISAP development guidelines,building facades fronting on and adjacent to the east to west collector road running through the middle of the site.along Interstate-84,and the northern boundary of the site shall be required to have an average of 15%of the linear dimension of the frontage in windows or doorways. Parking is allowed along building frontage.provided that the maximum length of parking along a building frontage does not exceed 30%of the linear dimension of total frontageplanned buildings combined.Frontage parking restrictions do not apply along Interstate-84 or the northern boundary of the site. 4) When required to be constructed.the east to west collector shall be constructed in conformity with the street section design attached as Exhibit B. d. Development in the I-L Zone shall be generally consistent with the Meridian Architectural Standards Manual,and subject to the administrative design review process with the following exceptions: 1) Requirements shown on Building Scale,Building Form,Architectural Elements.and Materials Standards Tables apply to building facades along Black Cat Road.1-84 and the east to west collector runningthrough hrough the middle of the site. They do not apply to other building facades. 2) Loading Docks will be allowed on the western facade along the western boundary of the site. 3) The north facing facades along the northern boundary of the site will use similar colors,materials,and parapet height variation as the southern facades of the buildings. The north facing facades along the northern boundary of the site will also have score markings to create architectural accents in the wall panels and appropriate landscaping. e. Certificate of Zoning Compliance and Design Review applications cannot be submitted until after ACHD accepts the Traffic Impact Study. £ The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code, Comprehensive Plan,Architectural Standards Manual,prior to issuance of building permits for any structure(s)within this site. g= The Rosenlof Drain shall be left open and may not be piped. h. The total square footage (SF) of approved building occupancy on the site shall be dependent on substantial completion,by owner/developer or any agency or third- arty, of the following roadway improvements: Greater than 0 SF: Prior to any occupancy being granted: (i) frontage improvements on Black Cat from the east to west on-site collector to Franklin must be complete: and(ii)turn lanes at the intersection of Black Cat and the east to west on-site collector must be completed as recommended by ACHD. Completion of the above improvements permit occupancy for up to 960,000 SF. Secondary access shall be constructed and approved by the fire department. 2) Greater than 960,000 SF: To exceed 960,000 SF of occupied space on the site: (i)Black Cat must be widened to five lanes between the east to west collector and Franklin; (ii)the intersection of Black Cat and Franklin must be improved as recommended by ACHD: and(iii)the intersection of McDermott and Franklin must be improved with a two-way left turn lane unless Franklin has been widened to five lanes.. Completion of the above improvements permit occupancy for up to 1,500,000 SF. 3) Greater than 1.500,000 SF: To exceed 1,500,000 SF of occupied space on the site Franklin must be widened to five lanes between Black Cat and State Highway 16. A traffic signal must be constructed at the intersection of Black Cat and the east to west on-site collector when a signal warrant analysis shows it is required. 4) East to West On-Site Collector: The east to west on-site collector will be extended from Black Cat Road west incrementally as development progresses subject to the following. The east to west on-site collector shall be fully constructed to the western boundary upon the earlier of: (il prior to issuance of a Building Permit for Building A or F as shown on Exhibit A, or, (ii)within 90 days after ACHD's acceptance of a connecting public street from the property to the west(commonly known as 5925 W. Franklin Road, Ada County Tax Parcel Number S12162128551. During the building permit review process.Applicant and City staff will work together to confirm the above roadway improvements are reasonably on schedule to be completed consistent with the above occupancy thresholds. The scope and location of the roadway improvements detailed above are summarized on Exhibit C. i. ACHD required frontage improvements, landscape buffer and pathway shall be constructed along S. Black Cat Rd. with the first phase of development. The Applicant shall provide a 10' wide detached multi-use pathway,parallel to the east to west on-site collector road,within either a 14' wide easement(10' pathway+ 2' shoulder each side)or within ACHD's right-of-way. k. With the submittal of the first Certificate of Zoning Compliance application on the south side of the east to west on-site collector roadway,provide the City a copy of a recorded cross-access,ingress-egress in favor of the approximately 3-acre property commonly known as 935 S Black Cat Road(Ada County Tax Parcel Number 512164172401. 1. All buildings shall have code compliant fire sprinklers and an Automated External Defibrillator(AED) installed near the main entrance of each individual building. 1.2 A Development Agreement(DA) for the R-15 zoned property is required,which shall at a minimum,incorporate the following provisions: a. The property zoned R-15 shall be used consistent with the uses and dimensional standards allowed in the R-15 zone. b. The existing home located at 350 S Black Cat shall hook up to City water and sewer services within 60 calendar days of such services becoming available in Black Cat Road and in accordance with MCC 9-1-4 and 9-4-8. At such time. all septic and wells shall be abandoned. C. Development or redevelopment beyond the existing single-family use of the R-15 zoned property shall require approval of a development agreement modification application with a conceptual development plan. B.PUBLIC WORKS Publie sAlor-lis aeknowledges the rwommendation foF denial mentioned above, and is providing site speeffie and general eonditions in the event that an approval is granted. 1. Site Specific Conditions of Approval: 1. Surface slopes shall not exceed 3:1 2. All drainage must be retained onsite 3. If the onsite 8" sewer lines are services,they should be decreased to 6", based off flows this should be sufficient. 4. Any 8" water or sewer main outside of right-of-way shall be covered by a City easement. 5. Sewer services shall not pass through infiltration trenches. 6. When the development connects to the east,the water pressure zone will change from 1 to 2 which will result in an approximately 22 psi pressure increase. Provide stubs or blind flanges to the property lines at the future road connections to both the east and west. 2. General Conditions of Approval: 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. 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. 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 F 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point 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. 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. 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. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 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. Record of abandonment must be provided to the City prior to signature of the final plat. 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. 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. 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. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed 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. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.oMIpublic_works.as x?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. B. ACHD https.11weblink.meridiancity.orp/WebLinkIDocView.aspx?id=242157&dbid=0&repo=MeridianCit V C. COMPASS https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=240474&dbid=O&rgpo=MeridianC i &cr--1 VIII. FINDINGS 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: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the I-L zoning district and proposed light industrial use is consistent with the existing Mixed Employment FL UM and TMISAP designations for this site and is compatible with existing and planned future uses in the area. The TMISAP provides that Mixed Employment areas should provide a variety of flexible sites for small businesses as well as large national or regional enterprises. (3-11). The proposed industrial development provides flex and light industrial uses in a variety of building sizes, each of which is demiseable into smaller spaces to serve a variety of business sizes. TMISAP also seeks to `provide for industrial opportunities in consideration of future improvements to Highway 16"(3-3). The site provides an ideal location for local and regional light industrial businesses to access Highway 16,providing jobs close to home for Meridian residents. The City Council finds that the proposed initial zoning of R-IS for the approximately 1-acre residential property on the east side of Black Cat Road is consistent with the existing Medium High Density Residential designation for this site and is compatible with existing and planned future uses in the area. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed I-L zoning district and proposed use is consistent with the regulations and purpose statements of the I-L district, which is to provide for convenient employment centers of light manufacturing, research and development, warehousing and distributing. The City Council finds the proposed R-1 S zoning district is consistent with the regulations and purpose statement of the R-I5 district. 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 will not be detrimental to the public health, safety and welfare. The development will build new roads and pathways consistent with TMISAP design standards to provide safe vehicular and non-vehicular connections for employees and area residents. 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 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. The proposed industrial development will not impact school capacities. 5. The annexation(as applicable)is in the best interest of city. The City Council finds that the annexation is in the best interest of the City. The proposed industrial use will provide needed industrial business space to support and complement the commercial and residential uses planned within the TMISAP area. Exhibit C Concept Plan _ TI- -TQ 0.:. ELLLI I _ Iti I .I i _ A it V ' Z :. I hI ----Ti --T I ' rI- I DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) Exhibit D East to West On-Site Collector Design W O H y \ l a 0 4 Z ----- ----- -- �y o0 �m o � 3Q 3 eG MItl E� m� 3� c3 �r u� W fA S H J O h DEVELOPMENT AGREEMENT-BLACK CAT INDUSTRIAL(H-2021-0064) Exhibit E Roadway Improvements 71 .;, a -q, S3Nb'7_S (]q O NOV18 N3OIM BEEF S1N3W3A0HdWI 30V1N0H=1 g UZLo o Q �a 1 -� M W W ' pe J L.L Z Cc L L .R. . X H OG U - -- S Lu aLu LL CJ l,•L oa s Zi 1 J a r oL zr ' Lu o oz W UJ _ Q U � UW] 7 �'. J W o� -- - - � a DEVELOPMENT AGREEMENT—BLACK CAT INDUSTRIAL(H-2021-0064) E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Development Agreement (Brightstar Overland aka Dorado Subdivision MDA H-2022-0044) Between the City of Meridian and Kimball Properties Ltd Partnership (Owner) and Alturas Capital Partners (Developer) for Property Located at 2940 E. Overland Rd. ADA COUNTY RECORDER Phil McGrane 2022-082459 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 09/28/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: ADDENDUM TO DEVELOPMENT AGREEMENT I a City of Meridian 2. Kimball Properties Ltd Partnership,Owner 3. Altura Alturas Capital art ers, Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 27th R day of September 2022, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"),whose address is 33 E. Broadway Avenue,Meridian, Idaho 83642 and Kimball Properties Ltd Partnership ("OWNER"),whose address is c/o W Moore, P.O. Box 8204, Boise, Idaho 83707, and Alturas Capital art ers ("DEVELOPER"), OPER"), whose address is 500 E. Shore Dr. Ste. 120, Eagle, Idaho 83616. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the Development Agreement recorded September 2,2005 as Instrument 9105127512 in Ada County Records, and subsequently amended with a Modification to the original Development Agreement and recorded as Instrument#2017-007434, for the purpose of including residential care facilities as an allowed use on the site. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." CITY and OWNER/DEVELOPER now desire to amend said Development Agreement,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW,THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: I. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument 9 105127512 and Modification to Development Agreement recorded as Instrument #2017-007434, except as specifically amended as follows: a. Provision 5.1.6 is amended as follows;Allowed uses are restaurant, retail, hotel, banks, office, and residential care facilities. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. MODIFICATION TO DEVELOPMENT AGREEMENT-I1-2022-0044—BRIGHTST'AR OVERLAND(ARA DORADO SUBDIVISION)MDA Page I of 4 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements,agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration,amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City,to a duly adopted ordinance or resolution of City. a. Except as herein provided,no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. MODIFICATION TO DEVELOPMENT AGREEMENT-II-2022-0044—BRIGHTSTAR OVERLAND(AKA DORADO SUBDIVISION)MDA Page 2 of 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum ands made it effective as hereinabove provided. OWNER: Kimball Properties Ltd Partnership STATE OF IDAHO ) )ss. County of Ada ) On this. 54_day of 2022,before me,the undersigned,a Notary Public in and for said State,personally appeared __ known or identified to me to be the A A�0;,A ?-t&Sra0' Wof Kimball Properties Ltd Partnership and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF Nve hereunto set my hand and affixed my official seal the day and year in this certificate first above written \�i\\���l �j���y�� ``����fsZ\E...... O,; P61** W COWNSSION S _Notary Public for Idaho OnRES I-IX2024 Commission expires: 0 2024 OF DEVELOPER: ���i� ����. Alturas Capital Partner�S, STATE OF IDAHO ) )ss. County of Ada ) On this q r'day of 4k�� _.2022,before me,the undersigned,a Notary Public in and for Said State,personally appeared __T OV >r 1 S_ :_—,known or identified tome to be the —of Alturas Capital Partners and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 101 ` N;a;• /�+� +•• *aIPublic for ho f11,6 .�No �� ••. Commssion expires:(Al f '��'>, 471 140TA k t'J �A - MODIFSATI67�} D 9IsNT�CiREEMENT-Ii-2022-U044-BRIGHTSTAR OVERLAND(AKA DORADO SUBDIVISION)MDA Page 3 d'VP -i8.OB10�f Z O'-�� CITY OF MERIDIAN Attest: Mayor Robert E. Simison 9-27-2022 Chris Johnson, City Clerk 9-27-2022 STATE OF IDAHO ) ss County of Ada ) On this 27th day of September ,2022,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and City 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. S 'AL) Notary Public for Idaho My Commission Expires: 3-28-2028 MODIFICATION TO DEVELOPMENT AGREEMENT-H-2022-0044—BRIGHTSTAR OVERLAND(AKA DORADO SUBDIVISION)MDA Page 4 of 4 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(AZ-05-019 Dorado Subdivision—Inst.#105127512)to Include Residential Care Facilities as an Allowed Use on the Site,by Hatch Design Architecture. Case No(s). H-2022-0044 For the City Council Hearing Date of: August 9,2022 (Findings on August 23,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 9, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 9, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 9, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 9, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 9, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of August 9, 2022, 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 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 9, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044 By action of the City Council at its regular meeting held on the 23rd day of August 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTEDAYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. im�on 8-23-2022 Atte ""ir 6Y INM1NO SEAL Chris Johnson 8-23-2022 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 8-23-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044 STAFF REPORT E IDIANT--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING August 9, 2022 Legend - DATE: ff ? IProjec#Lacafor TO: Mayor&City Council R FROAM: Sonya Allen,Associate Planner 208-884-5533 j _ -__ SUBJECT: H-2022-0044 R1_ Brightstar Overland(aka Dorado R1 Subdivision) LOCATION: 2940 E. Overland Rd., in the SE 1/4 of CSC Section 17,T.3N.,R.1 E. rr R- IRR I. PROJECT DESCRIPTION Modification to the existing Development Agreement(AZ-05-019 Dorado Subdivision—Inst. #105127512)to include residential care facilities as an allowed use on the site. II. SUMMARY OF REPORT A. Applicant: Steve Thiessen, Hatch Design Architecture—200 W. 36"St., Garden City, ID 83714 B. Owner: Devin Morris,Alturas Capital Partners—500 E. Shore Dr., Ste. 120, Eagle, ID 83616 C. Representative: Jeff Hatch,Hatch Design Architecture—200 W. 36th St., Garden City, ID 83714 III. NOTICING City Council Posting Date Notification published in newspaper 7/24/2022 Notification mailed to property owners within 300 feet 7/22/2022 Applicant posted public hearing notice on site 7/29/2022 Nextdoor posting 1 7/29/2022 IV. STAFF ANALYSIS The existing Development Agreement(DA) )(AZ-05-019 Dorado Subdivision—Inst. #105127512, amended with H-2016-0131 —Inst. #2017-007434) is proposed to be amended to include residential care facilities as an allowed use on the site(Lot 1, Block 1, Dorado Subdivision). This will be the second addendum/modification to this DA. A provision(#5.1.6)of the original DA limits uses within the overall Dorado Subdivision to restaurant,retail,hotel,banks and office uses. The applicant proposes to amend this provision to include residential care facilities as an allowed use. Per UDC Table 11-2B-2, residential care facilities are listed as a conditional use in the C-G zoning district and are subject to the specific use standards listed in UDC 11-4-3-29. Approval of the proposed modification to the DA will allow the Applicant to submit a conditional use permit application for the proposed use and proceed forward with development if approved. Single-family residential uses exist to the north of this site and across S. Loder Pl. to the west in Overland Way subdivision.Due to the residential nature of the proposed use, Staff is of the opinion it would be an appropriate use adjacent to existing residential uses. Therefore, Staff is supportive of the proposed amendment to provision#5.1.6 of the DA,as follows: "Allowed uses are restaurant, retail, hotel,banks,and-office,and residential care facilities." V. DECISION A. Staff Staff recommends approval of the modification to the DA with the change noted above in Section IV. C. The Meridian City Council heard this item on August 9. 2022. At the public hearing,the Council moved to approve the subject MDA request, 1. Summary of the City Council public hearing a. In favor: Jeff Hatch b. In opposition: None Commenting: None d. Written testimony: Jeff Hatch e. Staff presenting application: Sonya Allen f Other Staff commenting on application: None 2. Key issuefs)of public testimony; a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - August 2022 City of Meridian Monthly Financial Report FY2022 August 2022 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 r 11J1%UI als; 1 — f'fl'Yrh1�J - - ,- .-- f�r :moo JOE ism rr ■ ■ ' F:\Reporting\Monthly Reports\FY2022\FY22 - 11 Aug Council Report 1 of 3 Monthly Financial Report FY2022 (�E IDIAN^- August 2022 I D A H C City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 0.89% IDAHO BOND 1.60% FUND CASH 0.00% FIB M 0,62% .FIB MoneyMarket$1,653,604 .Cash$11,204,506 MONEY MARKET .Idaho Bond Fund$72,293,538 .Idaho State Pool$139,683,352 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $900,000 $800,000 $140,000,000 $700,000 $120,000,000 $600,000 $100,000,000 $500,000 $80,000,000 $400,000 $300,000 $60,000,000 $200,000 $40,000,000 $100,000 $20,000,000 $0 General Enterprise $_ General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY22 ■FY21 F:\Reporting\Monthly Reports\FY2022\FY22-11 Aug Council Report 2 of 3 Monthly Financial Report p FY2022IDIAN�- August 2022 IDAHO GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 - - $- 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Nonspendable ■Restricted ■Committed ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 -- $20,000,000 it -$10,000,000 ... �......._....... $ 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Assigned ■Unassigned ■Assinged Reserves F:\Reporting\Monthly Reports\FY2022\FY22-11 Aug Council Report 3 of 3 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Resolution No. 22-2345: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Hannah Scoville to the Meridian Arts Commission; James Leckie to the Meridian Solid Waste Advisory Commission; Hoyoon Song to the Meridian Transportation Commission; Elliot (Elle) Hood to the Parks and Recreation Commission; and Reappointing John Keller to the Meridian Historic Preservation Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2345 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING HANNAH SCOVILLE TO THE MERIDIAN ARTS COMMISSION; JAMES LECKIE TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; HOYOON SONG TO THE MERIDIAN TRANSPORTATION COMMISSION; ELLIOT (ELLE) HOOD TO THE PARKS AND RECREATION COMMISSION; AND REAPPOINTING JOHN KELLER TO THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE WHEREAS,Meridian City Code Title 2, Chapter 2 establishes the Meridian Arts Commission; WHEREAS,Meridian City Code Title 2,Chapter 6 establishes the Meridian Solid Waste Commission; WHEREAS, Meridian City Code Title 2, Chapter 7 establishes the Meridian Transportation Commission; WHEREAS, Meridian City Code Title 2, Chapter 4 establishes the Meridian Parks and Recreation Commission; WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Meridian Historical Preservation Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to arts within the City, and to that end Meridian City Code § 2-1-1(c)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the appointment of Hannah Scoville as a Youth Member to the Meridian Arts Commission and James Leckie as a Youth Member to the Solid Waste Advisory Commission and Hoyoon Song as a Youth Member to the Meridian Transportation Commission and Elliot(Elle)Hood as a Youth Member to the Parks and Recreation Commission, and the reappointment of John Keller as a Youth Member to the Meridian Historical Preservation Commission to be in the best interest of the City of Meridian; and NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1 Hannah Scoville be appointed as a Youth Member to the Meridian Arts Commission and James Leckie be appointed as a Youth Member to the Solid Waste Advisory Commission and Hoyoon Song be appointed as a Youth Member to the Meridian Transportation Commission and Elliot(Elie)Hood be appointed as a Youth Member to the Parks and Recreation YOUTH COMMISSIONER APPOINTMENTS/REAPPOINTMENT-MAC,SWAC,MTC,PRC,HPC Page 1 of 2 Commission and John Keller be reappointed as a Youth Member to the Meridian Historical Preservation Commission, for terms to expire on September 30, 2023. 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 27th day of September, 2022. APPROVED by the Mayor of the City of Meridian,Idaho, this 27th day of September, 2022. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk YOUTH COMMISSIONER APPOINTMENTS/REAPPOINTMENT-MAC,SWAC,MTC,PRC,HPC Page 2 of 2 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Public Works: Request from Kimberly Grove for Connection to City Sewer Services Outside City Limits at 2727 E. Magic View Dr. C� fIEF IDIAN�--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Kyle Radek, Public Works Meeting Date: September 27, 2022 Presenter: Kyle Radek Estimated Time: 10 minutes if not on Consent Agenda Topic: Request from Kimberly Grove for Connection to the City Sewer System Outside City Limits at 2727 E Magic View Drive Recommended Council Action: Approve the request to hook up to City sewer. Background: I. DEPARTMENT CONTACT PERSONS Kyle Radek-Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 II. DESCRIPTION Kimberly Grove is requesting to hook up to the City sewer system because the septic system at the subject property has failed and sewer is installed and available in Magic View Drive fronting the property. The owner wishes to permanently abandon the septic system and hook up to City services. The property is a single-family residence with a shop on a 5.2 acre parcel. The owner is not requesting or anticipating any change to the property use. III. PUBLIC WORKS FINDINGS AND RECOMMENDATIONS Public Works staff have reviewed the request. Sewer and water are both available in E Magic View Drive. Public Works staff recommend approval of the requested sewer service connection with an agreement that also includes: o Requirement to hookup to water and disconnect existing well from premises Page 1 of 2 o Payment of appropriate sewer and water assessments and fees o Design and construction costs for water and sewer are the responsibility of owner. Plans for City infrastructure must be approved and inspected through Community Development/ Public Works. o Requirement to annex into the City and agree to any conditions of annexation including zoning and site improvements IV. ALTERNATIVES 1. Council could require street and / or sidewalk improvements as part of the agreement. 2. Council could deny the request. V. TIME CONSTRAINTS The owner would like to secure an agreement and construct the sewer service as soon as possible, as there is currently no sewer service at the property. VI. LIST OF ATTACHMENTS • Request from / on behalf of Kimberly Grove for Connection to the City Sewer at 2727 E Magic View Drive. Approved for Council Agenda:_ �' Date: /i 57/Z Page 2 of'2 � r- y � Elite Rooter 11483 West Coleen St Boise ID 83709 Hello Kyle This letter of request to install a sewer latteral at the property of 2727 E Magic View Dr. Meridian 83642 into City Main Sewer requiring Annex into the city of Meridian.The owners of this property have elected to abandoned an existing failed septic system rendering this residence without sewer service.This residence is in a time sensative emergency. Elite Rooter is acting on behalf of Kimberly Groves ( Owner ) regarding this request. Can you ( Kyle Radek) help us to help this family expedite this Sewer Latteral install. Sincerely, Richard Meyers Elite Rooter GM Contact: Richard@eliterootermgt.com 805 285-8819 E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Human Resources: Recommended Change to City Standard Operating Policy 2.8: Introductory Period of Employment Mayor Robert E. Simison v IDIAN)=-� Citv Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader To: Meridian City Council From: Crystal Ritchie, Human Resources Director Scott Colaianni, Captain Date: September 20, 2022 Re: City Standard Operating Policy 2.8 Introductory Period of Employment Dear Council, The Police Department is requesting to move Community Service Officers (CSO)from a 6-month Introductory Period of Employment to a 1-year Introductory Period of Employment for the following reasons: It can take up to 20 weeks (as noted below)for a CSO to start performing on the job. • Community Service Officer Academy is 5-6 weeks. • Community Service Officer Field Training is 10-14+weeks. The current policy leaves approximately 2 months of on the job performance assessment to determine whether the employee is suited for the position, qualified and capable of performing the work and can meet the job standards. Given the nature of the CSO position the department would like to change the Introductory Period of Employment from 6 months from date of hire to 12 months from date of hire like sworn officers to allow for a sufficient amount of time to complete a thorough assessment of the CSO's fit for the job. The proposed change has been submitted to the Union for their review and the Union due date has been met. It has also been submitted to the Director team for their review per process and their agreement has been received. We have requested a placeholder on the September 27, 2022 Workshop Agenda to request your approval of this proposed policy change. In preparation of this meeting I have attached the proposed policy for your review. Please reach out in advance with any questions that you may have to either myself or Captain Colaianni between now and September 26, 2022 for any clarification you might need prior to your approval. Thank you, Crystal Ritchie Human Resources Director Human Resources . 33 E. Broadway Avenue, Meridian, ID 83642 Phone208-898-5503 . www.meridiancity.org CITY OF MERIDIAN RESOLUTION NO. 22- BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY MANUAL BY AMENDING POLICY 2.8 INTRODUCTORY PERIOD OF EMPLOYMENT FOR COMMUNITY SERVICE OFFICERS AT THE MERIDIAN POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. City of Meridian Standard Operating Policy and Procedure Manual by Amending Policy 2.8 Introductory Period of Employment; copies of said policies is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect on , 2022. ADOPTED by the City Council of the City of Meridian, Idaho, this day of , 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2022. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY MANUAL BY AMENDING POLICY 2.8 INTRODUCTORY PERIOD OF EMPLOYMENT;AND PROVIDING AN EFFECTIVE DATE. C�WEKI City of Meridian 1 1�1 Standard Operating Policy Number 2.8 Introductory Period of Employment Purpose: To set forth the City's policy regarding the employment status, responsibilities and expectations for new employees during the Introductory Period of Employment. Policy: The City of Meridian is an at-will employer. Each new employee hired,whether full-time or part-time, shall serve an introductory period of employment for six (6) months, or one (1)year for Sworn Police, Community Service Officers or Fire personnel. Employees may be terminated at any time with or without cause during the Introductory Period of Employment or anytime thereafter. This policy shall be implemented pursuant to the Introductory Period of Employment Standard Operating Procedures. This policy shall apply to represented Fire personnel unless otherwise stated in the current collective labor agreement. Authority& Responsibility: Human Resources shall responsible for administering this policy. Revision Date:02/1S/2022 CITY OF MERIDIAN RESOLUTION NO. 22-2346 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY MANUAL BY AMENDING POLICY 2.8 INTRODUCTORY PERIOD OF EMPLOYMENT FOR COMMUNITY SERVICE OFFICERS AT THE MERIDIAN POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Mayor and City Council have authority over the operations,policies, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. City of Meridian Standard Operating Policy and Procedure Manual by Amending Policy 2.8 Introductory Period of Employment; copies of said policies is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect on September 28, 2022. ADOPTED by the City Council of the City of Meridian, Idaho, this 27th day of September, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of September, 2022. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY MANUAL BY AMENDING POLICY 2.8 INTRODUCTORY PERIOD OF EMPLOYMENT;AND PROVIDING AN EFFECTIVE DATE. E IDIAN:--- .J A Fi V AGENDA ITEM ITEM TOPIC: Mayor's Office: Housing Assistance Grant Program Recommendations C�WEII MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dave Miles Meeting Date: Sept 21, 2021 Presenter: Dave Miles Estimated Time: 10 mins Topic: Emergency Housing Assistance Program Funding Recommendation Recommended Council Action: Update and recommend that Council award American Rescue Plan Act (ARPA) funding in the amount of$250,000 to Jesse Tree to administer the Emergency Housing Assistance Grant Program to qualified Meridian residents. Background: The Council directed that a portion of the city's allotment of ARPA funding be directed to address emergency housing assistance. Accordingly, an RFP was developed and issued for qualified organizations to submit proposals, with an emphasis placed on expertise, project scope, utilization of funds to meet project objectives, and goals and anticipated outcomes. The RFP was issued on September 1st, with responses due no later than September 161h. Two organizations responded to the RFP,Jesse Tree and Ada County Housing Authority. A scoring committee, made of staff members from Finance, Economic Development, CDBG and the Mayor's Office reviewed applications and provided scoring based on a rubric, and met to discuss any questions and outliers. Both organizations requested the full amount of funding available ($250,000). While the Committee felt that both organizations were qualified and capable of managing the project, it was determined that Jesse Tree had the best application and targeted approach to address emergency housing assistance in Meridian. They highlighted an emphasis on utilization of funds, speed to deploy services, and ability to serve a greater number of potential households. Specifically,Jesse Tree's response stated that the full $250,000 would be used for"direct assistance", while only$220,000 of Ada County Housing Authority's would be used, the remaining $30,000 would be directed to "Personal" ($20,000) and "Administrative" ($10,000) costs. In addition, Jesse Tree showed that they were prepared to start deploying funds fully in Quarter One, while Ada County Housing Authority needed some time to get their program going. It is recommended that Council award Jesse Tree the contract to administer the Emergency Housing Assistance Grant Program. The anticipated timeline for the next steps is as follows: • By October 41h, Jesse Tree negotiate and sign a written agreement with the City for use of the Emergency Housing Assistance Program funds. • October 111h, City Council approve the Agreement. Pagel of 2 • October 12th, Jesse Tree starts to implement the Emergency Housing Assistance Program. • By September 30, 2023, Emergency Housing Assistance funds are expended and reporting is complete per the,yet to be executed,Agreement and all applicable ARPA rules. <end> Page 2 of 2