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HomeMy WebLinkAbout2023-04-04 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 04, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader ADOPTION OF AGENDA Adopted as Amended (Item 24 Executive Session Vacated) CONSENT AGENDA \[Action Item\] Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the March 21, 2023 City Council Regular Meeting 2. Aviation Subdivision Sanitary Sewer and Water Main Easement 3. Boise Board of Realtors Water Main Easement 4. Pollard Subdivision Sanitary Sewer Easement No. 1 5. Pollard Subdivision Sanitary Sewer Easement No. 2 6. Ten Mile Creek Apartments No. 3 Water Easement 7. Ten Mile Creek Apartments Private Rd. Sewer & Water Easement 8. U-Haul Moving and Storage Sanitary Sewer and Water Main Easement No.1 9. Findings of Fact, Conclusions of Law for Millwood Subdivision (H-2022-0089) by Epic Development, located at 1975 E. Victory Rd. 10. Findings of Fact, Conclusions of Law for Sagarra (H-2022-0027) by Accomplice, located on the south side of W. Orchard Park Dr., west of N. Fox Run Way and east of N. Linder Rd. 12. Addendum to Development Agreement for Dutch Bros Ustick & Eagle (H-2022- 0077) by Andrew Bowman of Barghausen Consulting Engineers, Inc. for Property Located at 3117 E. Ustick Rd. 13. Development Agreement for Franklin Annexation (H-2022-0090) by The Land Group, Inc. for Property Located at 2975 E. Franklin Rd. 14. Development Agreement for McDermott Village (H-2022-0056) by Boise Hunter Homes for Property Located at 3235 N. McDermott Rd. 15. Approval of Design Build AIA Agreement with Evergreen Skateparks, LLC for the Discovery Park Skate Park for the Not-To-Exceed Amount of $634,000.00 16. City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement 17. City of Meridian/Ada County Emergency Medical Services District Station Eight Co- Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement 18. Resolution 23-2380: A Resolution approving two agreements between the City of Meridian and Ada County Emergency Medical Services District, doing business as Ada County Emergency Medical Services, for lease of portions of Meridian Fire Stations 7 and 8; authorizing the Mayor and City Clerk to execute and attest said lease agreement on behalf of the City of Meridian; and providing an effective date 19. Resolution 23-2381: A resolution of the City Council of the City of Meridian directing the City Clerk to destroy and/or supervise the destruction of certain semi-permanent and temporary records; and providing an effective date 20. City of Meridian February 2023 Financial Report ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 11. Findings of Fact, Conclusions of Law for Denial of Meridian OZ Apartments (H- 2022-0073), by Realm Venture Group for Property Located at 1475 E. Franklin Rd. Continued to April 18, 2023 Motion to continue to April 18, 2023 made by Councilman Borton, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener DEPARTMENT / COMMISSION REPORTS \[Action Item\] 21. Meridian Historical Preservation Commission Annual Update 22. Meridian Arts Commission Annual Update 23. Compensation Committee Update EXECUTIVE SESSION VACATED 24. Per Idaho Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code ADJOURNMENT 5:47 p.m. Meridian City Council Work Session April 4, 2023. A Meeting of the Meridian City Council was called to order at 4.30 p.m. Tuesday, April 4, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Brad Hoaglun, Luke Cavener, Jessica Perreault and John Overton. Members Absent: Liz Strader. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Scott Colaianni, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X Joe Borton _X_ Brad Hoaglun _X_ John Overton _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 April 4th, 2023, at 4.32 p.m. We will begin this work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We are going -- we are going to vacate Item No. 24, the Executive Session. That is no longer needed. So, I move approval of the -- I move adoption of the amended agenda -- agenda. Borton: Second. Simison: I have a motion and a second to adopt the amended agenda. 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 amended. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 21, 2023 City Council Regular Meeting Meridian City Council Work Session April 4,2023 Page 2 of 27 2. Aviation Subdivision Sanitary Sewer and Water Main Easement 3. Boise Board of Realtors Water Main Easement 4. Pollard Subdivision Sanitary Sewer Easement No. 1 5. Pollard Subdivision Sanitary Sewer Easement No. 2 6. Ten Mile Creek Apartments No. 3 Water Easement 7. Ten Mile Creek Apartments Private Rd. Sewer & Water Easement 8. U-Haul Moving and Storage Sanitary Sewer and Water Main Easement No. 1 9. Findings of Fact, Conclusions of Law for Millwood Subdivision (H- 2022-0089) by Epic Development, located at 1975 E. Victory Rd. 10. Findings of Fact, Conclusions of Law for Sagarra (H-2022-0027) by Accomplice, located on the south side of W. Orchard Park Dr., west of N. Fox Run Way and east of N. Linder Rd. 12. Addendum to Development Agreement for Dutch Bros Ustick & Eagle (H-2022- 0077) by Andrew Bowman of Barghausen Consulting Engineers, Inc. for Property Located at 3117 E. Ustick Rd. 13. Development Agreement for Franklin Annexation (H-2022-0090) by The Land Group, Inc. for Property Located at 2975 E. Franklin Rd. 14. Development Agreement for McDermott Village (H-2022-0056) by Boise Hunter Homes for Property Located at 3235 N. McDermott Rd. 15. Approval of Design Build AIA Agreement with Evergreen Skateparks, LLC for the Discovery Park Skate Park for the Not-To-Exceed Amount of$634,000.00 16. City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Seven Co- Location Agreement 17. City of Meridian/Ada County Emergency Medical Services District Station Eight CoLocation Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Seven Co- Location Agreement Meridian City Council Work Session April 4,2023 Page 3 of 27 18. Resolution 23-2380: A Resolution approving two agreements between the City of Meridian and Ada County Emergency Medical Services District, doing business as Ada County Emergency Medical Services, for lease of portions of Meridian Fire Stations 7 and 8; authorizing the Mayor and City Clerk to execute and attest said lease agreement on behalf of the City of Meridian; and providing an effective date 19. Resolution 23-2381: A resolution of the City Council of the City of Meridian directing the City Clerk to destroy and/or supervise the destruction of certain semi-permanent and temporary records; and providing an effective date 20. City of Meridian February 2023 Financial Report Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We have had a request to -- to act on No. 11 separately. So, I would ask that we adopt the -- approve the Consent Agenda, for the Mayor to sign and Clerk to attest, with the exception of Item No. 11 . Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda, minus Item 11. Is there 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] 11. Findings of Fact, Conclusions of Law for Denial of Meridian OZ Apartments (H2O22-0073), by Realm Venture Group for Property Located at 1475 E. Franklin Rd. Simison: Item 11 was moved from the Consent Agenda. So, we will turn this over to Mr. Nary. Nary: So, Mr. Mayor, Members of the Council, so we had a request late today from the developer asking to withdraw this application, rather than be denied. The impact of that is if an application is denied the project cannot be resubmitted for a year if it's substantially the same and that decision is normally made at a staff level at the Planning Department of whether or not it's substantially the same. If -- if he withdraws, then, he Meridian City Council Work Session April 4,2023 Page 4 of 27 can re-apply sooner than a year. Certainly he heard the message pretty strongly that the -- the -- what was currently configured wasn't acceptable. But that's really the only difference. If you deny it can't be resubmitted for a year if it's substantially the same project. If it's withdrawn he can resubmit sooner than that with whatever he submits. So, it's your decision. What we told him is we would tell you this tonight. If you would like to move it out two weeks and get something in writing from them explaining why or what their reasons or whatever you would like to hear from them as to why they want to withdraw it, we can certainly communicate that to them and have it on in two weeks. If not you can certainly take -- move action tonight if you wish. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I have no idea what's going on here. I -- I suspect they might be trying to do something different, repackage this and maybe work with adjacent landowners and I don't know if they are purchasing property or what, but I know it was unanimous that it was not going to fly the way it was. So, if they come back it would have to be somewhat different. So, I -- I'm willing to give them that opportunity. I don't know if they need to come back and explain anything. Nary: Yeah. Normally, Mr. Mayor, Members of Council, Council Member Hoaglun, normally we request a specific request in writing. So, right now I think we had an e-mail from an admin at the developer's company. But I think we would want something at least a little bit more concrete than that. But normally we do want something in writing, because that requires Council action, as well to accept the withdrawal. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: So, Mr. Nary, the -- what we would do is just kind of remove it for now and, then, set it at another -- for another meeting time for that -- Nary: Yeah. I would anticipate two weeks, just because it's a little tight to put on for next week, but we can put it off for two weeks. Hoaglun: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bill, if they were -- even if they were still to reapply, they would have to go through the traditional process of Planning and Zoning Commission, neighborhood Meridian City Council Work Session April 4,2023 Page 5 of 27 meetings -- all that like it would be a new application. They just would not have to wait for a full year? Nary: Correct. It would be a completely new application, new fees, new meetings. Yeah. Everything would start over. They would just withdraw this one. Cavener: Okay. All right. Thank you. Simison: Council -- I mean, honestly, I don't know how -- I think that it -- you know, personally I don't know what you could do that wouldn't be substantially different from a re-submittal. You know, if they add a secondary access, if that's all they did, would you -- would you have considered that? I mean that's still the same project, just with a secondary access. So, that would be my one question. Or do we want to get into this habit of, you know, is this a one off or is this a direction you guys would prefer to go in the future which, then, makes that one year re-submittal process -- basically you are null and void, because they could come back with the exact same project with a secondary access. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I haven't noticed that this has been a common way for applicants to handle, you know, starting their process over. So, I don't -- I don't think it's going to start -- you know, start this -- a wave of this, but I would recommend that we perhaps look at our policy or process. My understanding is that there is no ordinance that doesn't allow them to withdraw at a particular time in the process, but maybe that's something that we consider for conversation at a later date. Simison: Whatever you all decide. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Make it -- put it on in a couple of weeks, get it in writing, just to complete our process. They can make their request. It doesn't make sense. I don't know why we would not close this one out. The only reason not to is so they could re-apply in a substantially similar way, which would be wasteful. So, with that understanding they could still make the request and -- I mean that's not -- what you described as our appropriate process, get it in writing, they can officially request it, but it's -- it's up to us to act and normally we never would. We would close out the application and you are welcome to apply with something different. Simison: Thank you for saying that the way that I think I was hoping it would come out, but it didn't. Meridian City Council Work Session April 4,2023 Page 6 of 27 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Nary, then, up -- if -- if they come before us, give their explanation, we would still have these findings of fact in front of us to take action upon. So, if we don't find it sufficient, then, we can still deny it? Nary: Yeah. Mr. Mayor, Members of the Council, Council Member Hoaglun, that's exactly what I would recommend. I would recommend we move this -- Mr. Johnson, do we have a meeting scheduled for the 18th? Johnson: Mr. Mayor, Mr. Nary, we do. Yes. Nary: Oh. I would recommend scheduling -- move it to the 18th. We will leave the findings on. I will reach out to them tomorrow and ask them to submit in writing whatever they want to do as to why they want to withdraw it and you can consider that before you, then, make a decision on this. Simison: All right. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: With that, if it -- if it necessitates a motion, I would move to table Item 11, the findings of fact on the Meridian OZ Apartments that was moved from the Consent and place it on the agenda for April 18th. Hoaglun: Second the motion. Simison: I have a motion and a second. Is there discussion? If not, in favor signify by saying aye. Opposed nay. The ayes have it and the item is tabled until the 18th. MOTION CARRIED: FIVE AYES. ONE ABSENT. DEPARTMENT/ COMMISSION REPORTS [Action Item] 21. Meridian Historical Preservation Commission Annual Update Simison: Okay. With that we will move on to Item 21, which is a Commission report from the Meridian Historical Preservation Commission. Turn this over to Chairman Johnston. Johnston: Mr. Mayor, Members of the City Council, I would like to thank you for this opportunity to come forward today. For those that don't know me, my name is Blaine Johnston. I'm president of the Meridian Historic Preservation Commission. I would like Meridian City Council Work Session April 4,2023 Page 7 of 27 to recognize those members of our Commission. Jody Ault. Destinie Hart. Pam Jagosh and our youth commissioner Jack Keller. We do have a couple of vacancies right now and we hope to have those filled shortly. National Registry. One of our biggest tasks is to locate those buildings, structures, places that are of importance to the City of Meridian. At the present time we have the Meridian Speedway in that nomination process. It has gone to state SHPO. State Historical Preservation Office. They have, in turn, submitted that application to the National Parks Service. NPS has some questions. They have returned it to SHPO and SHPO is at this time answering those questions and we hope to hear something sometime this year as to whether or not that nomination has been accepted or denied. May is always preservation month and we had a good -- good preservation month last month -- or last year. Excuse me. Our commission members hosted tours of historic properties in downtown Meridian. We would also like to thank the Pine Street School for their help with the tour. That is always an interesting place to go for our tours and the public really enjoyed it and we also encouraged not only the members of the City Council, but the public to download our app and they can take these tours virtually at anytime. HPC projects. We are currently contracting with the Arrow Rock Group to conduct a survey of the North Main Street area of Meridian as suggested by the State Historic Preservation Office. In September of 2022 TAG Historic Register -- Historical Research and Consulting completed the first phase of a two phase reconnaissance level survey of this area. They surveyed 134 properties during this initial survey. There are five properties that have potential eligibility for listing on the national list of historic places. They have also listed another 36 buildings that contribute to a potential historic district. At the present time Meridian has no historic districts. We had an old one -- the old Mittleider farm south of town, but that's no longer in existence. HPC projects. We are continuing our projects with Whole Films to document areas and buildings associated with the City of Meridian. These virtual tours include Broad Street, Broad -- excuse me -- Broadway Street, Pine Tree School, exterior and interior. Black Cat farm. The Meridian Speedway. The History Center. And several locations along Idaho Street between 4th and 5th. Also Highway 16. And there is a link here four Whole Films, so that the public can see that at anytime. Our social media. Historic Preservation Commission continues its effort to encourage the public to follow Meridian history on both Facebook and Instagram. Our posts highlight our history, both culture and historic buildings. Our counts continue to grow and the numbers of followers and the number of people that comment on those posts. We have received quite a few comments lately and we do our best to answer those questions that come up when they are asked. What's next? In 2023 we will continue our social media outreach on both Facebook and Instagram. We will continue our efforts to have the Meridian Speedway listed on the National List of Historic Places working with SHPO. We are exploring additional sites that may be eligible for listing and we hope by this time next year we will be in the process of a new historic registry nomination for either the Zamzows granary or other projects as recommended by that survey and, hopefully, by September of next year we will have this -- or September of this year we will have it completed. The Commission will also be looking at updating the 2014 Meridian Historic Preservation Plan as recommended by SHPO. We are in the planning process now and we will be applying for grants from SHPO to help fund this project. I would like to thank the Mayor's office, City Council, Meridian City Council Work Session April 4,2023 Page 8 of 27 city staff for all that they do for us. It is our pleasure to be able to serve you and the citizens of Meridian in preserving our history. Without the support we receive from the city we would not be able to do the work that we have been tasked to do. If you have any questions I would be happy to answer those at this time. Thank you so much. Simison: Thank you, Blaine. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Mr. Johnston. First of all, I would like to show my appreciation for your commitment to this committee. I know it's not the most -- you know, it's not -- it's not the most exciting topic, but it's very very appreciated and an important part of our city. I do have a question for you about the Speedway. So, I know when a property goes into a historic district there is some limitation on its future use and any modifications that are made to the structure. When a property goes on the historic register is -- is that similar? Is there -- are there limitations to what they are able to do to improve the property or if the owners were to make changes does that affect them negatively? Johnston: Yes and no. If a project -- or if a site has been listed on the National Registry -- excuse me. Mr. Mayor -- Mayor and City Council, Council Woman Perreault. The answer is yes and no. The -- an owner can do anything they want to do once the property has been listed. I will take the Speedway, for example. If they want to change out bleachers they can change out the bleachers. If they want to add a building they can add a building. The registry does not stop an owner from doing anything they want to do to that property. The no side is it may affect that listing if they substantially change a structure or part of that, then, that listing may go away in the future. But once it's listed it's listed and an owner can do whatever they would like to do to that. I hope that answers your question. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mayor, Members of Council, Council Member Perreault, I can also add -- Meridian doesn't -- hasn't created historic districts and hasn't created any ordinances around an historic district, like in -- in Boise they have a number of historic districts that have rules on some of the things Mr. Johnston talked about on improvements, changes, things like that and we have chosen to this point to not create that type of structure in our code, rather than more just recognition of these historic properties, but not necessarily restricting their future uses. Simison: Council, any additional questions or comments? Meridian City Council Work Session April 4,2023 Page 9 of 27 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks. Blaine, always appreciate your -- your updates and I had an opportunity to bump into Brandon a few weeks ago and he sure just praised the -- the Commission for your work and he's really enjoyed working on this project. My question is for -- maybe for you to give us some flavor for the Commission's perspective. You know, from time to time the Council will receive, you know, an e-mail or communication from a -- from a resident in opposition to a particular development application and their comments are typically that they believe that a building on that property is of a historical nature. Do you think that we should be sending those requests to your Commission or -- or how should the city respond when we receive those types of inquiries? Johnston: Mr. Mayor, Members of City Council, Commissioner Cavener, it's hard to answer that question. Personally myself I would say, yes, I would like to see those. I try to look at all of the applications that come through Planning and Zoning and -- and look at them before Planning and Zoning and you guys have a chance to look at them. If I see a building on there that has some potential, then, we will probably reach out to the owner. At a minimum photograph it and document it. And I guess that's a discussion between HPC and City Council as to the second part of that. Do you want that as part of your process if you get comments from the public that's saying this building is listed, does it need to go before HPC. That's -- that's a requirement that you guys are going to have to put forth. I -- I can't answer that question for you. I hope that answers your question. Simison: And maybe if I could add on to that just from some conversations that I have -- I have had with the chair is they are out there proactively identifying these items and, you know, there are some development applications coming through on rather large farm properties in certain parts where they are working with the current property owner trying to look at what can or should they be doing with some of the facilities on that property. So, it's a little bit of both. You know, I think, you know, proactive and same with the report that's being looked at to help identify where those may exist to -- to help them in that part. So, they are -- they are trying to -- to -- to be proactive is the best way I could say it, but whether or not they catch everything or everything is big enough, you know, that lateral that someone identifies, you know, the -- the wood that was used to place down for the lateral that came from the tree that was really important on the town square, that may not be caught in their processes if someone identified that in a hearing application as an example. Okay. All right. Thank you very much. Appreciate it. Johnston: Thank you. 22. Meridian Arts Commission Annual Update Simison: So, next up we will have Jessica Peters with the Meridian Arts Commission annual update. Meridian City Council Work Session April 4,2023 Page 10 of 27 Peters: Mr. Mayor, Council Members, thank you for having me here today. I'm Jessica Peters. I'm the chair of the Meridian Arts Commission and I'm going to tell you about everything that the Meridian Arts Commission accomplished in 2022. We have got a lot to get through, so I will try to get through it quickly. So, our mission statement for the Meridian Arts Commission is to develop, advance and nurture all facets of the arts and to enhance the quality of life for Meridian residents and its visitors and this slide shows the Commissioners that we had last year and this year -- as you can see we have -- we have had some changes in our commissioners and our staff and we have three new commissioners that have been nominated and we are hoping to have those approved soon. Looking forward to working with them on our Commission. So, I'm going to start with our Meridian Art in Public Spaces program. This is a program that was authorized by city ordinance in 2015 and through the ordinance City Council allocates 50 cents per Meridian resident with a cap of 50,000 dollars per year for develop -- identifying and developing projects for public art on city property and last year that cap was removed. So, now our funding for our Meridian Art in Public Spaces program can continue to grow as our population grows. So, we really appreciate your support with that. We started a new public art identity -- park identity project in 2021 at the Five Mile Creek Pathway Trail hub sites and we continued working on that project last year and through a process for a request for qualifications and a request for proposals we selected Water Metrics, which is a mosaic sculpture created by Eileen Gay from Nevada and the call to artists that we used had more applicants than Meridian has previously seen. So, the word is getting out. We have a great place for public art here in Meridian and we are looking forward to installing that piece this summer and here is a little bit more of a close-up. And, again, these are mosaics, so if you picture lots of tiny tiles covering the surfaces of these. The inside is supposed to look like a waterfall and the outside features some images with tiles that are common images for Idaho. So, we have potato plants. We have some cattails and reeds. We have got the mountain Bluebird, which is our state bird and a red wing blackbird. So, if you have travelled on the Five Mile Creek Pathway at all you have probably seen some of these actual plants and animals living over there on the -- on the creek. And this is a mockup of what it will look like when it's ready. So, these are about ten feet tall, I believe, and you will be able to see them from -- from Ten Mile Road. They will not be hidden. So, next I'm going to talk about our Meridian mural series. You probably remember the first mural that was installed and painted by Ben Konkol at Meridian Cycles. We had a public unveiling for that in the fall of '21 and our second mural was installed at unBound Library during Meridian Art Week last year and we had that unveiling last fall and, then, our third mural is planned for Meridian pool. This is going to be painted by Sector 17. It's the same artist that did the -- the mural over on the Zamzow's property right next door here and I just saw on social media that they have just started preparing the wall for painting. So, that will be going up pretty soon and we are going to have that unveiling this spring. The next public art project is our murals at Tully skate park. This was an opportunity for a professional artist Miguel Almeida to partner with a youth apprentice Macy Ratzesberger, who is a student at the Idaho Fine Arts Academy, and they worked together to paint a couple of murals at the Tully skate park and here are the final results. Miguel's piece is on the left there and previously that space had been kind of a faded old mural with some graffiti. So, obviously, his work really spruces up the place and, then, Macy's work on the right was Meridian City Council Work Session April 4,2023 Page 11 of 27 a great opportunity for her to have more public exposure to her artwork and Miguel, you have probably seen some of his work in the Treasure Valley, he's become pretty popular and I think Macy is doing some more work as well. So, that was a great project. And our final public art project is our traffic box series. This is ongoing and we wrapped ten traffic boxes last year. You can see the list of all of the locations and the pieces that were wrapped and these usually have a -- a life of about five to seven years. So, we are getting to the point where some of the old wraps needed to -- they were kind of faded, they needed to be rewrapped, and so we had four of the -- the pieces last year to replace some old faded wraps that needed to be replaced and three of -- three of these wraps were sponsored by the Meridian Development Corporation, so we really appreciate their ongoing support of this program. We also had Concerts on Broadway. Another year -- great year for that. We brought in Smooth Avenue, High Street, and Soul Patch. As you can see from the -- the photographs lots of people came to hang out, enjoy the music and dance and we just had great attendance and -- and lots of feedback about how much people enjoyed it. We also presented Tammy De Weerd's awards in the arts. So, we presented four -- four winners. RendyB Funk, who was a former arts commissioner -- youth commissioner received the award for student excellence in the Arts. Cecycle Brock was recognized with the support of the arts award. Marianna Jimenez Edwards received the award for arts in education and Dwight Williams received the excellence in the arts award. We also had a great Meridian Art Week. Our growing in popularity art drop, everyone really loves that every year. We always have lots of people find cool art around the city. Very popular chalk art competition. Live music. Classes. Again, that mural that was painted at the library. The Plein Air Painters of Idaho were hanging around town and -- and folks could stop and watch -- watch their processes as they painted sort of the landscape around town. We had a community art party, which we worked with -- we partnered with the -- the city Parks and Rec Department and, then, our Concerts on Broadway. We also had 11 Initial Point gallery exhibits and we have 11 instead of 12, because our December exhibit rolls into January as well. So, we had 172 artists, multiple artist organizations and group exhibits. The West Ada School District show of youth art and the College of Western Idaho art faculty exhibit. And we have a new exhibit now. This is the Treasure Valley Artist Alliance. They show every year in the gallery and they always have a color theme. So, this year their color theme is yellow. Lots of great artworks incorporating that color into those pieces. Our opening reception is happening as we speak, so I encourage you all to go up there and check it out. Lots of great work happening there. If you want to follow along with what we are doing you can find us on social media. We are Meridian Arts Commission on Facebook and at Meridian Arts on Instagram. So, I will kind of skip this, because I think we have already gone through everything and wanted to wrap this up. So, I will just mention quickly our goals for 2023. We are going to continue doing all the great things that we have been doing with our -- our murals, our public arts, our gallery, engaging the community through Art Week and the Concerts on Broadway series. We are going to continue supporting our traffic box series. We have a new park identity project over at Discovery Park happening and we are also expanding our support for the performing arts with a call for performing artist projects. That's a new call to artists this year. We are also going to present the Tammy De Weerd's awards in the arts again and we are also focusing on increasing our inclusive Meridian City Council Work Session April 4,2023 Page 12 of 27 programming through representation of diverse populations and marketing to underserved and underrepresented populations. So, finally, I just want to thank City Council, Mayor Simison, and the city staff for everything that you all do for us. Without you all we wouldn't be able to fulfill our mission and, really, the arts help advance the quality of life for Meridian residents and its visitors and -- and we couldn't do all of that without you. So, thank you, again, for your support and I'm happy to take any questions. Simison: Thank you, Jessica. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Jessica, can you go back one slide onto your -- the priorities? Peters: Uh-huh. Borton: Number 12. Can you just comment briefly on the plan to accomplish that? Is it in -- in next year's report might we have a -- a list and a plan of -- Peters: Well, that's what we are hoping for. So, we are still working on the details for that I think. In order to develop a -- the full art plan that -- that we think the Commission -- the -- the public art program deserves, I think we would need more funding for that. But we are currently -- we keep kind of a list -- ongoing list of the project ideas that we have in mind and in our public arts subcommittee we review those priorities and identify when we have opportunities to begin a new project, which ones the -- you know, what is our priority for that, so -- Borton- Mr. Mayor? Simison: Councilman Borton. Borton: So -- I mean is the plan really to cultivate that in-house amongst the existing commissioners, as opposed to seeking outside help? Is that outside help to come up with a plan or opportunities that maybe the -- the commissioners don't recognize or -- just trying to get a sense of what the process would be. Peters: Right. Well -- so, the -- Commissioner -- Mr. Mayor, City Council, our ideal situation would be to have that outside help. That is currently outside of our budget. So, considering that we are identifying ways that we can achieve that in-house, but it -- it's not our preferred approach. Borton: Okay. Perreault: Mr. Mayor? Meridian City Council Work Session April 4,2023 Page 13 of 27 Simison: Council Woman Perreault. Perreault: Thank you very much for the presentation. I had the opportunity to attend several of the events that you mentioned. I'm curious about -- you said you are looking for the opportunity for additional performing arts presentations. Have you discussed partnering with like the Chamber or the City Parks Department on events they already have going on and which individuals can come and -- and display what they are doing? Like the Octoberfest, for example, is a great large event and just kind of doing that, so, then, that maybe help some of the cost in addition to gives the public exposure to some of the local artists. Peters: Yeah. Mr. Mayor, City Council, thank you for that -- that question. It's not something that we have discussed in depth, so when I referenced support for the performing arts -- in the past we have just provided funding to the Treasure Valley Children's Theatre solely and this year we opened that up to other performing arts organizations in the area and so we used the call to artists so organizations could apply for funding. So -- and instead of supporting just one organization, we are hoping to support more. But that's a great idea to look at other opportunities for things that are already happening in the city and identify ways to partner. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And one of the things I enjoy, Concerts on Broadway, which is coming back and I noticed -- you know, they used to have them I think once in -- one in June, one in July, one in August and, then, you guys moved to I think take advantage of a little cooler evenings. So, is that working out? Are you still having good attendance for that? Peters: Mr. Mayor, City Council, yes. I -- as you can see I think last year was maybe our best attended yet. Seems like word is getting out that -- that that's a great opportunity for the community to come together and enjoy some live music. So, I do think that having the -- the later performances does help. The sun is a little bit lower. It's, like you said, not quite so hot out. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Excellent presentation. I'm -- I'm pretty excited to see the final artwork on the pathway on Five Mile Creek that's going to connect all the way from Ten Mile to Locust Grove. I mean that's a -- that's a long -- that's been a long time coming and it's going to be great that we have that and hopefully we will get it from Ten Mile all the way to Black Cat. So, thank you for -- you and everyone else for all the hard work you put in. Peters: Yeah. Thank you. Meridian City Council Work Session April 4,2023 Page 14 of 27 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I love the Commission and arts in our community. So, I -- I just also want to say thank you and -- and my question on number 12 is -- is just encouraging you to think broadly and a successful arts program in our community is one driven not by what the seven of us might want necessarily, right, but -- but encouraging you to support artistic endeavors in ways that we don't even -- I might not like or someone else might not like up here, but there is members in our community that are served by it and appreciate it, whether it's performing arts or visual arts. That's next level stuff for our community. So, as easy as it might be to fall within a more narrow field of -- of delivering the arts, continue to stretch and challenge us and encourage us to support arts in ways we haven't before. It's perhaps going uphill at times to do so, but I think that's really our obligation to the arts community is to -- to try to just make sure we can encourage and promote in broader ways. That's going to help your Commission be successful. So, thanks for pushing us and continue to do so as you go forward, so -- Peters: Mr. Mayor, City Council, thank you very much for that -- that comment. I do want to point out a couple of things. First of all, the -- the Tully Park project, the -- the skate park that was kind of a newer idea that we came up with sort of mid year, I have to credit Cassandra for that, that was great. So, it's -- it think it helps to have a member of the arts community leading us. She can come up with those ideas and -- and we can all share ideas. The other idea -- as part of -- of a larger public arts plan that we are hoping for is to conduct a survey from the community about what interests, you know, members of the community might have, what ideas they might have. We did conduct a survey in 2020. Those responses may have been limited, because it was sort of the start of the pandemic and folks had other things on their minds and so that was something that we -- we were hoping to enlist outside help with to develop and conduct that survey to gather ideas from the greater community and -- and find out what we could be doing, what folks want to see, and how we can best represent the community within our art. Borton: Good. That's great. Simison: Excellent. Well, thank you, Jessica. And, Council, you will have an opportunity to expand the Arts Commission by 50 percent, at least with their current members, to get them back up to full speed next week on our agenda I think is when those recommendations will be coming forward. So, look forward to giving you a full team. Peters: Thank you so much. Simison: Thank you. And thank you, Cassandra, for all you do to assist them in these endeavors. Okay. Appreciate it. Borton: Good job. Meridian City Council Work Session April 4,2023 Page 15 of 27 23. Compensation Committee Update Simison: So, with that we will move on to Item 3, which is our compensation committee update, which will be led by Mr. Lavoie and in the audience we have several members of -- of the compensation committee team that are here as well, both over here on our left and here on our right and up here. So, Todd, take it away. Lavoie: Appreciate that, Mayor, Members of the Council. Again, appreciate the time to present to you the work we have been -- that we have been working on. As Robert stated, the community members are here and also online is Mike from the consulting company, the -- Gallagher. They are -- they specialize in compensation. So, Mike is online available to us -- or to you as well. As soon as I get this to work. There we go. Sorry about that. So, what we have for you today is an update that we promised you. I presented this budget -- or not budget. I apologize here. I am talking about budget. I presented this compensation plan to you on March 22nd via an e-mail. The plan has not changed since that date. So, the -- the presentation and the talking points in that e- mail are still true. I'm going to go over those exact same talking points that I presented to you on March 22nd's e-mail. So, again, this project has been a collaboration between the members that are here today, plus Mike from the compensation company Gallagher. We have been working with them for the past two years. You approved a contract for us two years ago to embark on this endeavor to overhaul the city's compensation program. Last year we presented to you -- and with the guidance of Gallagher and Mike -- Mike from Gallagher on phase one. Phase one was to establish the city's I guess market approach of a minimum of 50 percent salary -- would adjust our salaries to at least 50 percent of the market rate of the 14 agencies that we gathered from the northwest region. So, that was phase one. We presented that to you, spoke to you and if -- and we implemented that as of October 1. So, right now the city has all employees -- general employees -- let me rephrase that. This study is for the general employees, not for the police step plan or the fire union negotiations. This is for the general employees. Effective October 1 we moved all salaries up to at least 50 percent of the market rate as we presented to you last year. During that presentation we promised to you and our commitment to the employees that we would continue to establish the compensation program and that's what we have for you today. So, following the guidance of Mike from Gallagher, our compensation consultant, what we have presented to you is what we are going to look for your acceptance for on a purpose, the overview and the goals of this compensation plan program. So, again, first thing we will discuss with you today is the purpose of the compensation program. You know, following Mike from Gallagher's guidance, these principles are best practices within the compensation arena. So, we did rely on Mike to give us these guiding principles and these principles are going to discuss -- what I'm going to discuss with you is -- you know, the first one is going to be competitive. You know, we wanted to have a principal statement for our compensation plan that would make sure that the city's compensation plan over the next ten years can stay and maintain a competitive position within the northwest region. Another purpose statement that we wanted to make sure that the conversation plan had was long term and what we mean by that is a commitment to our employees. We want to make sure that we commit to our Meridian City Council Work Session April 4,2023 Page 16 of 27 employees of a compensation plan that's going to be fundable and market driven. Again, that kind of talked about the next bullet point, which is fundable. We wanted to make sure that whatever program we developed with the guidance of Mike and Gallagher is that it was going to be fundable. We need to make sure that we can fund this for at least the next ten years. We wanted a program that could be transparent or that is transparent. We want the employees, we want Council, we want managers, we want everybody to be able to understand what this compensation plan looks like and will do for them for the next ten years. And the last principle that we would like to present to you is going to be the ease of use. Again, we need this program to be understandable by the employees, but also by HR, so that they can manage and administer a program that is easy to understand by all involved. So, those are the five purpose principle statements that we worked with Gallagher to propose to you for our overarching compensation plan. Again now I'm going to talk about some of the details of the plan itself and these were presented to you in the March 22nd e-mail. So, the first item that we wanted to update you on or change was the step plan. This plan is going to adopt a step plan that is very similar to what public safety has used for years. It is a deviation from our current kinds of levels approach in theory. Again, it wasn't a step plan, but you had a beginning and an end. This is just a more defined step plan. This step plan does have 15 steps in it. The step plan does offer a 25 percent growth opportunity. If you start with the city and you stick with the city doing that particular job for 15 years we will commit to that employee a 25 percent growth opportunity. Step increases between -- steps vary from .2 percent to 1.83 percent. Those are the step variations between steps between -- of the 15 years. Let's see. So, that would be the -- so, that's a change for us on the step plan. Again, we want this to be market based. We would like for Gallagher, our consulting company, to continue to make sure that we maintain a market competitive compensation plan. So, at least every two to three years we will work with them to go out and gather data and make sure we are still market competitive. Previous years were -- previous plans we did not do it as often and we got a little bit behind. We want this plan to make sure we stay on top of it, so we do not get behind it and we want to maintain that market competitiveness. The next item is COLA. Cost of living adjustment. We would like the compensation plan that we are presenting to you to adopt an annual COLA adjustment. The previous plans we did not do that, like -- or if you looked at the last 20 years we only adjusted the compensation plan nine times for inflationary considerations and that's why we got so far behind. 2022 we adjusted it 13 to 15 percent, because we had to play catch up. We would like to have a plan that puts COLA into effect on an annual basis for discussion, so that we don't get that far behind. So, we want to make sure we keep our employees paychecks whole and, then, if we do the COLA with the market study every two to three years -- Jessica, you asked this question in the e-mail -- this will solve the problem of getting too far behind, because we are incrementally adjusting the market rate, our market, and, then, every three -- two to three years we ask Gallagher how does our data look compared to the market? Are we in good shape? Awesome. If not what adjustments do we need to make? So, we think with these two additional tools in the toolbox we shouldn't get to the point where we are making a presentation to you -- I need to adjust it 15 percent. Hopefully, we don't do that again. So, that's what COLA represents. We want that to be a factor, so that we can have a market competitive compensation plan. Longevity is another component Meridian City Council Work Session April 4,2023 Page 17 of 27 that we would like to add to our compensation plan. Right now this compensation plan is based on 15 steps as I presented. So, the question is what happens to those employees that meet the ceiling of a 15 step program. Those employees will still continue to get annual COLA adjustments. So, it's not like their salaries ever freeze. They -- if -- if you offer two percent COLA adjustment, they get two percent. So, their salaries don't freeze. They will continue to grow with inflation in the market. We would like to add an additional component to that called a longevity bonus. In this case we are presenting a one thousand dollar longevity bonus to all employees treated equally, saying thank you for sticking with us and here is a longevity bonus of a thousand dollars if they happen to be in that seat for 15 years and, then, the last item is the penetration. This is going to solve our compression issue. So, instead of hiring everybody at step zero -- so, use an example, you know, Bill and I would be both lawyers at step zero, he has got 20 years experience, I have one, that wouldn't be fair to him. So, Bill should be at the cap and I should be at the entry point. So, I would be step zero and he will be step 15. So, we would recognize Bill's longevity and go, Bill, you are going to be compensated at step 15. Todd, you are a one year lawyer, you are going to be step zero and that is how we are going to solve the compensation issue or the -- the compression issue for tenure in the current job that you are doing for the City of Meridian. So, that's the overall -- the overview of the major components of the compensation plan changes from what we had, you know, I guess two -- two, three years ago. So, again, anytime please ask me any questions. Again, this is the general overview. See if I have missed any talking points. We got -- Jessica's -- we got -- answered yours about COLA. So, I -- so, those are the overarching ones. I know we have some more questions, Jessica, that you asked today. I have those in the presentation that I will address for you. But, please, anytime engage, ask us, we have everybody here. So, again, that was the overview. The question is what goals are we trying to achieve? We are trying to increase our tenure. Right now our average tenure is seven years. Our goal with this program is to go to ten. That's our goal. You know, obviously, we have a lot longer term goals, but this is our goal right now. In ten years maybe it's -- let's make it 12. But right now our goal is ten years and we believe by adjusting -- or creating the step plan and acknowledging time in seat, the penetration approach, and having a modified bell curve in 15 years of step for 25, we believe we can have that goal -- or attain that goal of going from seven to ten years. That's -- again, that's our goal for this. Next item is the commitment to employees. This program shows the employees, as clear as possible, what we are going to commit to them if they commit to us. If I'm going to be your CFO for the next 15 years, I can see exactly what my -- your commitment to me is from a compensation standpoint clear as day. Talent attraction. Our current -- or previous program we entered the market at 20 percent of the market rate. We are starting at 50 percent. So, that's 30 percent increase -- again, this will address one of Jessica's questions -- by increasing our -- our floor 30 percent, we believe we are now more attractive to the candidates out there. We are not hiring at 20, we are hiring at 50. That's intuitive to us that should automatically bring people to us, because we are hiring at a 50 percent market rate. We are also going to now allow people to grow to 75 percent higher -- or 25 percent growth rate with us. So, we believe that commitment will continue to retain the talent with the City of Meridian and, then, increasing tenure, which I -- or to maintain market competitiveness, reviewing this every Meridian City Council Work Session April 4,2023 Page 18 of 27 two to three years, making sure our compensation consultant Gallagher is working with us every single year on this, making sure we are presenting a strong solid plan to our employees and reviewing it every two to three years. So, those were the goals of this -- these changes. So, again, in general -- so, in review, our final recommendation to you, looking for acceptance, so that we can work with Gallagher, so we can work with the HR Department, so we can work with the Legal Department to start building those guidelines, those -- the rules, the regulations to a program. We would like to see the principles accepted that we create a 25 percent growth opportunity for our employees. If they commit to us, we are committing to them with a 25 percent growth opportunity over 15 years. Have a step plan that's defined, easy to understand of 15 steps. Working with Gallagher we are going to make sure that we have our penetration -- or I guess our job and placement prevent the compression issues by getting people in the right place based on their experience, doing the job that they are doing at the City of Meridian. Adapt or adopt a longevity bonus program for those that are in the same job for 15 years and, then, make sure we are staying on top of our market data. Every two to three years asking the consultant company to update it and, then, adopt a COLA adjustment, cost of living, based on the consumer price index, you know, the average -- just for your information 20 years of -- on average for the last 20 years on average is United States of America experiences a 2.44 inflation rate in adjustment every single year on average. Obviously, the last three -- two years have been much different, but, again, we have also had two years of negative inflation over the last 20 years. So, again, we are just looking that we want to stay on top of inflation, as opposed to what we did last time and that's what got us in trouble. So, again, those are the guiding principles of following, you know, Gallagher's experience, best practices. What we have in front of you is a best practice approach supported and presented to us by Gallagher in collaboration with the committee members and we are all here to answer any questions that you may have and we are looking for acceptance of these principles, so we can start working with Gallagher to build the guidelines, so we can make this effective October 1 of 2023. This is the commitment we made to the employees. We are following up on our commitment to the employees with this presentation. Stand -- we all sit-stand for any questions. Thank you. Simison: Thank you, Todd. I appreciate it very much. I will just add on a few comments and, you know, see if any of the other committee members want to come up and add on anything and -- and, you know, from my perspective this is once every three years to go through and evaluate it. It puts it -- it helps us balance certain things where we have the Police step plan and we have the Fire Department contract negotiations. So, this would be just put into that every third year. Helps I think from a long-term financial budgeting process by doing that as well in that -- that regards. You know, fundable. That -- that was something that was important to me. I know that there has been compensation committees that have had discussions before this one. Those have been robust discussions that I was not part of, but I -- I want to make sure that we were able to actually bring something back that was going to -- something we could come forward and say we can do this and we can fund it. Because that -- that -- that's an important part. Is it perfect? Well, we will answer that right now. No. Is our current compensation program perfect? I think that you can look out and see other people Meridian City Council Work Session April 4,2023 Page 19 of 27 shaking their head. The answer is no. It -- it's created its own set of unique challenges and I think that that's going to be true with any plan. Any plan that you have in place for a long time is going to create challenges and get certain inequities in -- in place for a wide variety of reasons. Some of them are systematic, some of them are supervisor decisions in different departments and how things are applied and so you have people saying, well, someone in this department makes more money than me in this department. Well, that could be a result of how a supervisor chooses to apply their ratings under a -- our current system, you know, which is based upon performance, but not everyone views performance the same way and I know that's been some of the conversations with -- you know, that I have been having is, you know -- you know, does -- but it is a dramatic change in some regards, but it is alignment with how we apply towards our other employees as well. So, I just want to at least share that from -- from my viewpoint as well, but I'm personally very excited about this. There may be some different viewpoints or tweaks that you could -- we -- we could make in that case to me so long as it's fundable and it's -- it meets those other philosophies, that's great. If we didn't want 15 years move on to 12 years. If you didn't want to do 25 percent, you want to do 20, you are wanting to do 30 percent -- again, as long as we can fund it, you know, those -- those are things. But, really, it's -- there is the concept that we presented seemed to pass your muster for where we want to go and I can say, you know, from -- as we were preparing to get the budget -- this year's budget has this -- these elements worked into it and if we aren't going to go this direction, then, we -- we just need to know quickly, so we can come up with another approach to address the -- especially the compression issue, which we say we were going to come back and address and, you know, maybe we do that outside of adopted changes in the plan, but that's still going to be -- we are going to have to come up with something at that point in time to address that issue and we just want to make sure that we are moving this process forward and meeting the goals of Council in the past who didn't want to have placeholder numbers, they wanted to have real numbers for real execution and at least with this setup we can deliver that in this year's budget for the Council. Any other members of the committee have anything else that they would like to add at this time? Okay. Perfect. So, Council, with that I will turn it over to you. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: First off, Todd and -- and committee members, awesome job. I'm saying that as the newest member sitting in this seat, but someone who spent decades sitting in your seat and just a little known fact. A lot of people don't think about this, but in the Police Department we had two pay scales. Sometimes we forget that police officers had a step plan. We had 20, 30 plus civilian employees who were on the same step plan or the same pay scale as the rest of the city and when it started to fall behind we ended up with some pretty disgruntled employees watching one step plan working very effectively year after year and another one that would fall behind and fall behind. On January 3rd, not knowing this was something that was being worked on, I said in that night when I was appointed that I wanted to see that we could hire the best, but retain Meridian City Council Work Session April 4,2023 Page 20 of 27 the best, and I'm super excited to see this plan. It mirrors a lot of what the police step plan has today. It has a lot of the same things built into it that you should be able to offer a very competitive wage to bring your employees in and also have the ability to continue to pay them and retain them. Nothing is more frustrating than all the years before we had a good pay scale in the police department watching really good talent walk out the door and I know there is other parts of the city that are seeing this now. So, I would echo what the Mayor said about funding it. That's very important. And if we can fund this I think you are on the right track and I think we come up with a -- a great program to carry forward for the rest of the city. Lavoie: Thank you, John. And just a reminder, you do have Mike from our consulting company. He is online if you have specific questions for him. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I might be a few steps behind Councilman Overton. Back to some -- maybe more simplistic questions on my part. Just trying to wrap my head around all of the implications for the staff and for our budget. So, I want to understand how the 15 years came into play. Was that a recommendation from the consultant based on information from other organizations where that has worked successfully? Was that just -- it sounds like a great place to start based on where we -- where we want our tenure to be as -- as the Mayor just mentioned, you know, we don't have to do it at 15, we could do it at ten or 12. So, just kind of want to understand the thinking behind why 15 was chosen and how that benefits the city in the long run. Lavoie: Fair question. Again, Mike, I think you are online, but there was a compromise between -- it wasn't a compromise. It was a discussion based on best practices and I will go ahead -- Mike, can you address that for Council Woman Perreault? Mike: Yeah. I appreciate the question, Council Woman. Can you hear me all right? Lavoie: Yeah. Mike: Good. Yeah. Thanks very much for allowing me to be here. The -- yeah. The-- it kind of comes from best practices and making sure that we have a range spread that's going to allow folks to progress through the range. You don't want the range spread to be too narrow where people top out too fast as well. So, that is a concern, thinking about the average number of steps that go into. It -- it's going to -- it's going to vary across the country in different regions from -- from our perspective. Some range pressure can be very narrow when we go a little bit further out west, out in California, because they have three, four, five steps to the maximum and those are done every year. I think that maxes out a little bit too fast and also depends on where you are placing that market competitive target. The city did move to that 50th percentile, say let's start there, let's move at that level and we are simply developing a range kind of Meridian City Council Work Session April 4,2023 Page 21 of 27 around that a little bit -- start a little bit below, move to that level, and, then, also move above. So, the range spread encompasses that full marketing is the example Todd brought about like making sure that you have the room to account for some of those differences in the experience that some folks might be bringing in, folks that are there, so you have that room to alleviate pay compression for -- based on the ten year performance longevity of -- of individuals as well. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you very much, Mike. I appreciate that explanation. Just two more other quick questions. The compression issue, if I'm understanding that correctly, in phase two, like I had asked about, that's basically bringing -- bring -- everybody's is 50 percent. So, that's bringing staff that have -- that have been here longer up to the place that they currently are. So, if they -- if their current wage is really yet like what step six would be, because of the length of time that they have been here, then, that's bringing them up from 50 percent to wherever they would be at -- is -- is that what that -- Lavoie: Got it. Perfect. Perreault: Okay. So, that's -- that's understanding, then, why that's -- that dollar figure estimated for phase two is about three times more than -- Lavoie: Got it. Perreault: -- year -- year two. Lavoie: You got it. Perreault: Okay. All right. Lavoie: Nailed it. Perreault: Good. Great. Connected the dots on that one. So, then, there are some members of our staff that will be at step 15 as of today. Lavoie: Less than one percent of your current staff will be there, yes. Perreault: Okay. Have you already, then, gone through and figured out how many will be in the first four years of -- or first five years, second five years, third five years? You have those ratios? Can you send those to me? Lavoie: Sure. Meridian City Council Work Session April 4,2023 Page 22 of 27 Perreault: Okay. Great. Thank you. And, then, as far as the consultation agreement with Gallagher, how is that going to be structured? Is that -- is there going to be like an annual fee that we are going to pay them? Do we have to put that out for some sort of bid every so often? How will that work? Lavoie: Yes and yes. It's up to us. It is a professional services agreement, so we can hire -- can hire them directly or if the direction is to go out for bid we can do either one. Our commitment is to Gallagher at the moment. They have -- we have been working with them for two years, so we would like to commit with them and see this plan go out for a few years before we try to change a different vendor. But we can go either direction. So, we will have an ongoing contract with them, which we currently do. They already support HR department with acts. If we commit to this we will have an amendment to their contracts as every two to three years -- three years we need this and that will be an amendment to the contract in the budget presentation to you saying this is -- it's time. Just like the city survey. It's time for this. Would you give us the funding, so that HR can move forward with this. Perreault: Mr. Mayor, just to follow up on that. Simison: Council Woman Perreault. Perreault: So, I might not have been clear on my question, so -- Lavoie: I apologize. Perreault: -- currently -- no, it's -- it's probably my -- my asking. Currently we have inconsistently done the compensation updates and I think it was supposed to be every five years. That was kind of what HR expected. So, what I'm asking is is are we now going to have like an annual amount that we set aside in the budget to pay for professional services for this? Lavoie: No. So, this would be, again, our commitment is to upgrade -- update the market study every three years. So, every three years HR, myself, and Robert will stand in front of the Council and go we need X amount of dollars to complete X. Are you good with that? No -- no different than our annual city survey or something. We will stand in front of you every three years. Simison: And we currently do have a -- we have always had an ongoing professional -- Lavoie: We do. Simison: -- contract for these services. It's been with other companies in the past and it switched to Gallagher recently. Lavoie: Yep. Appreciate the questions. Meridian City Council Work Session April 4,2023 Page 23 of 27 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a comment. Number one, you had mentioned it, that there is no perfect plan and that -- that's true. There is always a rub somewhere with something and it's one of those things. It's just the way it is. There is no perfect plan. But a couple things that I like about this -- and I appreciate the group who worked on this. You guys are on the front lines of dealing with this issue and -- and I think, number one, it allows us to be competitive and on those two fronts. One, to hire people, but also to retain people and that's critical, especially in this market right now, it's -- it's difficult and I think that solves -- goes a long ways to solving a -- a serious problem that we have and that's be competitive. So, hopefully, that will -- will help. And, then, it's -- it's a -- it's a future issue that I think it helps resolve and that is being fiscally responsible for the future, not having that 13 to 15 percent increase that we had to swallow here recently and -- you know. And we may not be on Council when they are dealing with this ten years from now and it's -- hopefully it works. Yes, there may be tweaks along the way, as you mentioned, Todd, but it's -- it's set up to allow for that and to hopefully keep us on track fiscally and -- and not have some big issue that hits and you have to make some very serious and difficult budget decisions. So, I -- I think it -- it overall is a really good plan and something I think -- appreciate your hard work that everyone invested into this. Lavoie: I appreciate it. And I would agree that, you know, we are going to commit, you know, this plan to our employees and, you know, the -- the committee members, even, you know, the previous HR to Crystal Ritchie, with Christina Barragan, we have all committed to being on this comp plan every single year. We are going to talk about it. You know, we all -- we are going to make this not disappear, not lose sight of it, and that's -- we dropped the ball a few times and we are going to make sure we commit to it. Yep. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A couple just quick thoughts and I think first I think thanks to you, Mr. Mayor, because this was employee led and I think that is something that is -- is really really critical and I know in our conversation sometimes there were things that maybe you or I didn't necessarily always agree on, but we really appreciate and value that it was our employees leading this effort on behalf of other employees. So, putting on my former city employee hat, I -- I really appreciate that. There is a couple of things that I -- I really do like about this and a couple of things that do give me a little bit of pause. The most important thing is that I think for our employees is that this is predictable. You know what your compensation is going to look like as you work for the city. It allows you to focus on -- continue to do great work on behalf of our taxpayers and -- and not always having to worry about does that extra effort mean more or less in your paycheck. That does bring the other side of the coin. You know, I'm always going to be concerned Meridian City Council Work Session April 4,2023 Page 24 of 27 about how we are recognizing our top performing employees. The other piece that does give me a little bit of pause on as well -- to your point, Todd, it's -- it's like less than one percent of our current employees that would be maxed out for longevity. There is something to be really said for historical knowledge and we have seen that on this Council, we have seen that in this city and my hope will be is that between now and three years from now is that the committee takes another look at longevity and making sure, you know, is a thousand dollars really the appropriate way to honor and recognize our long-term employees? I think we could do better than that. I would like us to do better than that. I also think that that serves as a -- as a strong incentive for our employees to stick with us and not just look at, you know, their service to the city in a 15 year window. So, overall I'm very very pleased, but I look forward to the continuing work of you and the other committee members to continue to refine and to feel comfortable, at least from my perspective, to bring back recommendations, even if it's before three years from now. Particularly one of the pieces that I -- I tend to worry about is does this new plan -- you know, if I'm an employee and kind of your point, Todd, I know what I'm going to make ten years from now, does that, then, become a floor or a basement for me to go out and seek employment in other places and so I -- I always worry that we are going to lose our top performing staff. While we want to always recruit great people, we also want to be able to retain them and we will continue to look to you for recommendations to be able to do that. Lavoie: Appreciate the -- the support on that, Luke. And, again, I think the committee members -- Mike and -- you know, we -- we all agree that we can always continue to adapt and adjust this compensation plan for the City of Meridian every single year. If the thousand dollars isn't right, let's talk about it. Let's find something that works for the city. What is the environment in four years? Adjust. Adapt. Again, I think this committee and the commitment to their employees we have to do that and I think we can do that and I believe the high performing people will always continue to be promoted. I think that's an automatic succession plan that, again, the HR department will support and promote to us to continue to foster and promote those high performing people every single day. But I agree with you, Luke, that this will not disappear. We will continue to talk about it every year and we have to be able to adapt and adjust every single year. I appreciate it. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Todd, does our existing policy speak to the elements that you had in your overview and goals slide? Lavoie: Does the current policy? Borton: Right. Meridian City Council Work Session April 4,2023 Page 25 of 27 Lavoie: Not exactly, no. So, COLA was not -- like using COLA, 15 year step plan, no and no. Borton: So, what I think would be helpful for us and to avoid pivots in future years, it's a pretty big -- the policy statements and the overview I agree with. I understand how you got there and it -- it seems like it would be appropriate to memorialize those in a narrative policy for the Council to formally adopt that they -- they seem to describe some -- some principles of compensation that can consistently apply, even if specific elements adjust from year to year, but the broad principles should guide and drive how it's administered over the next ten, 20 years. Is that something that -- Lavoie: Oh, completely agree. Borton: -- maybe that's part of the plan already. Lavoie: Yeah. Exactly. So, we had -- you signed -- or you approved a contract for the city to engage with the compensation -- Gallagher and in that contract it says they are going to build a plan for us with all administration guidelines and administrative rules. We didn't want to have them build all that and, then, present it to you and go, well, I don't like it. Well, then, I would need a budget amendment, because it's only for -- good for one plan, where we had ask them to build five plans. So, we are looking for the principle, so that we can go, hey, Mike, legal, HR, we got the principles, let's build the guidelines, let's build the rules, let's build the policy, so we can present to you for effective date October 1, 2023. Borton: Good. Lavoie: So, we agree with you, we have to have all this written out. We just don't want Mike to go through all the work and go, oh, we don't like the plan. Borton: Sure. Lavoie: Yeah. Simison: And, Councilman Borton, in that context I think that maybe the thing that would be helpful for us is we could -- we could very quickly come back with a policy statement and -- and get Council's buy in on the policy statement, which, then, would, essentially, enable us to apply the principles in the budget that we have established, understanding that it may not be until September or October before we actually have the underlying that we would come back and share with Council at that point in time. But from a moving forward standpoint process would that seem to -- to work and, you know, I -- I don't -- I don't know that it would take that long. Bill, you know, two weeks again we could probably come back with something. Borton: I just -- Mr. Mayor, I thought that -- I thought what you had in the overview described really broad brush the fundamental principles of this new plan, which made Meridian City Council Work Session April 4,2023 Page 26 of 27 sense. I didn't hear any question from any of us up here about it. So, that certainly would be some action we would take. So, it's definitely different. There are trade-offs. Nothing's ever going to be perfect, I agree as well, but we recognize, one, listen to the employees and what fits best for them is a critical piece of it. So, good work to the whole committee to kind of get us there and using Mike's resources as well. Good job. Lavoie: Appreciate it. Yeah. Again, big kudos to Mike and the consulting company that we hired. Again, they are the guiding principle behind this. We hired a professional compensation consulting company. They guided us. They seek feedback from us all the time. We had numerous meetings back and forth and this is the result of Mike's guidance and the collaboration of us and the -- of the employees. So, I appreciate it. Borton: Did I hear you say you -- did you drop the ball? Someone -- I heard the phrase drop the ball. Lavoie: I -- it wasn't me who dropped it, no. Borton: Can you read that back? That was a phrase I heard. Lavoie: I think it was Scott Colaianni who dropped the ball. Colaianni: I dropped the ball. Lavoie: Scott did. Borton: Okay. That's just the only part that I picked up. Simison: So, Council, here is what I would suggest -- recommend, is we -- we can work on policy statement and bring back to Council in, hopefully, two weeks. You know, we will just -- we will shoot for that time frame from that standpoint. In the meantime, if there are additional questions, comments, continue to reach out and engage with Todd, et cetera, and we will take -- you know, if Council adopts the policy statement that will be our -- our sign that that's in the budget, that's moving forward at that -- in that time frame and if there is -- if it's not adopted at that point in time, then, we will understand better from that standpoint. But if there are still challenges or concerns before we get to that, then, please engage and have that direct conversation in the next -- hopefully week. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think that's a good direction to go. Again appreciate the work of the committee and I would move that we adjourn the work session. Meridian City Council Work Session April 4,2023 Page 27 of 27 Simison: Okay. Council Woman Perreault, did you have any -- I think she was waiting. I just wanted to -- don't preclude. Perreault: Mr. Mayor, I do have additional questions, but, like you said, they are questions I can get answered meeting with Finance that get into the nuts and bolts at that time. Simison: Perfect. Perreault: Thanks. Simison: All right. With that we 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 5:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-18-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 21, 2023 City Council Regular Meeting Meridian City Council March 21,2023 Page 94 of 94 Hoaglun: Move we adjourn. Simison: Motion to adjourn. All in favor? We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:58 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Aviation Subdivision Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Trent Tripple 2023-019373 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 04/05/2023 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): AVIATION SUBDIVISION Sanitary Sewer&Water Main Easement Number: ESMT-2023-0030 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day of April 2023 between Aviator Park LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 JSON STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me onJ (date) by LA! YU ,TACObSo►-k (name of individual), [complete the following if signing in a reprelentative capacity, or strike the following if signing in an individual capacity] on behalf of Aviator Park LLC (name of entity on behalf of whom record was executed), in the following representative capacity: MEMBER (type of authority such as officer or trustee) COMMISSION#2MM79 liL—J�LSl u NOTARY PUBLIC Notary Signature STATE OF IDAHO M Commission Ex lres:_ MY COMMISSION EXPIRES 11/IW026 Y p Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-04-2023 Attest by Chris Johnson, City Clerk 4-4-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-4-2023 (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 EXHIBIT A LEGAL DESCRIPTION CITY OF MERIDIAN SANITARY SEWER EASEMENT AVIATION SUBDIVISION A portion of the West% of the Southwest%of Section 10, Township 3 North, Range 1 West of the Boise-Meridian, City of Meridian, ADA County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16,Townships 3 North, Range 1 West, Boise-Meridian, from which the%corner common to said Sections 9 and 10 bears North 0°38'55" East, 2653.02 feet; thence on the west boundary line of said Section 10, North 0°38'55" East, 1621.66 feet to the south boundary line of the railroad right-of-way; thence on said south boundary line, South 88°26'12" East, 495.23 feet to the westerly boundary, thence South 00°36'35" West, 102.71 to the REAL POINT OF BEGINNING; Thence North 88°47'03" East, 162.12 feet to a point on a curve on the easterly boundary of the proposed ACHD right-of-way; Thence along said right-of-way a distance of 25.13 feet along the arc of a 55.00' foot radius non-tangent curve right, said curve having a central angle of South 26°10'49" West and a long chord bearing South 35°23'15" West a distance of 24.91 feet to a point; Thence leaving said right-of-way boundary North 88°47'03" East, 147.90 to a point; Thence South 00°36'35" East 20.00 feet to the REAL POINT OF BEGINNING. This easement contains 3,065 square feet (0.070 acres) more or less and is subject to any other easements existing or in use. LEGAL DESCRIPTION CITY OF MERIDIAN WATER MAIN EASEMENT#1 AVIATION SUBDIVISION A portion of the West% of the Southwest%of Section 10, Township 3 North, Range 1 West of the Boise-Meridian, City of Meridian, ADA County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16,Townships 3 North, Range 1 West, Boise-Meridian, from which the%corner common to said Sections 9 and 10 bears North 0°38'55" East, 2653.02 feet; thence on the west boundary line of said Section 10, North 0°38'55" East, 1621.66 feet to the south boundary line of the railroad right-of-way; thence on said south boundary line, South 88°26'12" East, 495.23 feet to the westerly boundary of Aviation Subdivision, thence continuing South 88°26'12" East 824.15 feet along the south boundary line of the railroad right-of-way to the easterly boundary of Aviation Subdivision, thence South 00°36'35" East 514.83 feet to the southern boundary of Aviation Subdivision,thence North 89°15'50" West 61.67 feet along the south boundary line of Aviation Subdivision to the REAL POINT OF BEGINNING; Thence North 00°44'10" East, 56.05 feet to a point on a curve on the Southern boundary of the proposed ACHD right-of-way; Thence along said right-of-way a distance of 40.22 feet along the arc of a 455.00' foot radius non- tangent curve right, said curve having a central angle of South 5°03'54" West and a long chord bearing South 84°52'31" West a distance of 40.21 feet to a point; Thence leaving said right-of-way boundary North 00°44'10" East, 51.95 to a point; Thence along the southern boundary line of Aviation Subdivision North 89°15'50" West 40.00 feet to the REAL POINT OF BEGINNING. This easement contains 2,160 square feet (0.049 acres) more or less and is subject to any other easements existing or in use. LEGAL DESCRIPTION CITY OF MERIDIAN WATER MAIN EASEMENT#2 AVIATION SUBDIVISION A portion of the West% of the Southwest%of Section 10, Township 3 North, Range 1 West of the Boise-Meridian, City of Meridian, ADA County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16,Townships 3 North, Range 1 West, Boise-Meridian, from which the%corner common to said Sections 9 and 10 bears North 0°38'55" East, 2653.02 feet; thence on the west boundary line of said Section 10, North 0°38'55" East, 1621.66 feet to the south boundary line of the railroad right-of-way; thence on said south boundary line, South 88°26'12" East, 495.23 feet to the westerly boundary of Aviation Subdivision, thence continuing South 88°26'12" East 824.15 feet along the south boundary line of the railroad right-of-way to the easterly boundary of Aviation Subdivision, thence South 00°36'35" East 514.83 feet to the southern boundary of Aviation Subdivision,thence North 89°15'50" West 206.14' feet along the south boundary line of Aviation Subdivision to the REAL POINT OF BEGINNING; Thence North 12°38'34"West, 22.29 feet to a point on the Southern boundary of the proposed ACHD right-of-way; Thence along south boundary of said right-of-way South 69°58'46" West, 61.18 to a point; Thence leaving said right-of-way boundary South 89°15'50" East, 62.36 to the REAL POINT OF BEGINNING. This easement contains 667 square feet (0.015 acres) more or less and is subject to any other easements existing or in use. EXHIBIT B N CITY OF MERIDIAN SANITARY SEWER EASEMENT AVIATION SUBDIVISION 1/4 LOCATED IN THE WI/2 OF THE SW 1/4 OF SECTION 10,T.3N.,RAW.,B.M., S.9 S.10 ADA COUNTY,IDAHO SCALE 1"=100' saa°zs'1z"E CURVE TABLE 0 49523 CURVE LENGTH RADIUS DELTA BEARING CHORD UNION PACIFIC RAILROAD C1 25.13' 55.00' 26'10'49" S35-23'15"W 24.91' S00°36'35"W 102.71' N88°47'03"E 162.12' IRPOB / ---- - S00°36'35"E _ W TOPEKA STREET 3065 S.F. 0.070-ACRE N88°47'03"E 147.90' I I I � o z M W LOS ALAMOS LN l z (PRrvA� Q N I m Lu cp MIS m Z I I< I PROPOSED \ z I pI I AVIATION SUBDIVISION � � \ W SALTTAFEI.A�E S.9 •S.10 I I S.16 S.15 � co I I w sAxrA FE nwvE k Lu — N CITY OF MERIDIAN WATER MAIN EASEMENT#1 AVIATION SUBDIVISION 1/4 LOCATED IN THE WI/2 OF THE SW 1/4 OF SECTION 10,T.3N.,RAW.,B.M., S.9 S.10 ADA COUNTY,IDAHO SCALE 1"=100' saa°zs'1z"E CURVE TABLE 0 49523 CURVE LENGTH RADIUS DELTA BEARING CHORD UNION PACIFIC RAILROAD C1 40.22' 455.00' 5'03'54" S84-52'31"W 40.21' N88°26'12"W 824.15' — I _ WTOPEKA STREET - o l l I I I z M I a cp Lo W LOS ALAMOS LN I , mN�R — �Q N m w I I ch MIS I I I M m Z I i< I PROPOSED z I pI I AVIATION SUBDIVISION � S \ W SALTTAFELANE m l I I z I ATh1 S.9 S.10 2160 S.F. S.16 S.15 0J 0.049-ACRE W SANPA FILD 6 \ 2� C1 N00°44'10"E N00°44'10"E 51.95' 56.05 RPOB N89°15'50"W 61.67' N CITY OF MERIDIAN WATER MAIN EASEMENT#2 11 AVIATION SUBDIVISION At 1/4 LOCATED IN THE W1/2 OF THE SWl/4 OF SECTION 10,T.3N.,RAW.,B.M., S.9 S.10 ADA COUNTY,IDAHO SCALE 1"=100' S88026'12"E 49523 0 UNION PACIFIC RAILROAD N88°26'12"W 824.15' — — I _ WTOPEKA STREET — o l l I op o I I z M I a W LOS ALAMOS LN mN�R — �Q N m w I I ch MIS I I I M � m Z I I< I PROPOSED z I pI I AVIATION SUBDIVISION � S \ W SALTTAFELANE I S.9 •S.10 I I S.16 S.15 � 667 S.F. wSANPA PE nRIVE 0.015-ACRE 0 I I y S69°58'46"W 2834 W 229' / RPOB S89"15'50'W 62.36' N89°15'50"W 206.14' E IDIAN --- AGENDA ITEM ITEM TOPIC: Boise Board of Realtors Water Main Easement Protect Name ISubdivisionl: Braise Board of Realtors `Pater Main Easement Number: ADA COUNTY RECORDER Trent Tripple 2023-019378 Identify this Easement by sequential number if Project contains BOISE IDAHO Pgs=5 CHE FOWLER 04/05/2023 08:07 AM more than one Water Main easement. CITY OF MERIDIAN, IDAHO NO FEE (See Instructions for additional information) ATER MAIN EASEMENT .. THIS Easement Agreement, made this 4th day The Westar of April 20 23 between The nv. Inc. ("Grantor"),and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described: and WHEREAS, the water main 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 water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of 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 tirnes. 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. 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 Water Main Easement Version 0li01/ 020 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: r STATE OF 1DAHO ) ss County of Ada ) This record was acknowledged before me on ''f(t.4(3 kZ3(date) by Lawrence C. Squires (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 The Westpark Company, Inc_. (name of entity on behalf of whom record was executed), in the following representative capacity: Secretary (type of authority such as officer or trustee) (stamp) Lu, g*, t�tlNt�� Notary Signature �� E A AP,,� My Commission Expires: l �0UB1.�G Water Main Easement Version 01?0112020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-4-2023 Attest by Chris Johnson, City Clerk 4-4-2023 STATE OF 1DAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-4-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01r2020 & W14- 'A ' Cra'mercy Subdivision No. 1 �o Block 3 S83'33'41"E 21.62/' 40•�3 3 q rn ��-- 0 OastlO INS• _/i 42 7 ��• ___ s��2 45 W N06'26'19"E Real Point 18.66 of Beginning N89'35'56"W 203.78' ' " e SE Corner Lot 5, Block 3. Basis of Bearings 0 NL LA a 20901 2/9-0/23zo 9rF of `aP ��A DONG Scale: 1"=20' 0 5 10 20 40 P m e•ei :?S 8k 3 F-;; 2e-a5T\0+q\22 a5T Creme„y L5A3 4:e Eaa:s+y <v 3 t1 57 54 FV IDAHO Exhibit Drawing for Jab No. SURVEY BOIS , ENEi"7111 Lot 5, Block 3 of Gramercy Subdivision No. 1 22-052 IM)84-MIO OAOO 7" City of Meridian Water Line Easement sheet Na. F IT08>saa.es7o 1 GROUP, LLC Situated In the NWI/4 of the NE1/4 of Sect-on 20, Dwg. Date T.M.. R.1E18 M.• City of Meridian, Ada Count, Idaho 2/20/2023 Cx (I i f I B DESCRIPTION FOR GRAMERCY SUBDIVISION NO. 1 CITY OF MERIDIAN WATER LINE EASEMENT A portion of Lot 5, Block 3 of Gramercy Subdivision No. 1, as filed in Book 99 of Plats at Pages 12,619 through 12,622, records of Ada County,Idaho, located in the NWI/4 of the NE114 of Section 20,T.3N., R.1E.,B.M,,City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast comer of said Lot 5 from which the southwest corner of said Lot 5 bears North 89 35'56" West, 203.78 feet; thence along the East boundary line of said Lot 5 North 06026'19* East, 18.66 feet to the REAL POINT OF BEGINNING; thence leaving said East boundary line North 83033'41" West, 17.42 feet; thence South 72042'05" West, 36.03 feet; thence North 17017'55"West, 20.00 feet; thence North 72042'05" East,40.23 feet; thence South 83033'41" East, 21.62 feet to a point on said East boundary line; thence along said East boundary line South 06"26'19"West, 20.00 feet to the REAL POINT OF BEGINNING. LAND � NSF� 0. 20901 A v1-23� OF+oA ��A pONo Page IofI E IDIAN --- AGENDA ITEM ITEM TOPIC: Pollard Subdivision Sanitary Sewer Easement No. 1 ADA COUNTY RECORDER Trent Tripple 2023-019392 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 04/05/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0048 Pollard Subdivision Sanitary Sewer Easement No. 1 SANITARYEASEMENT THIS Easement Agreement, made this 4th day of April , 20 23 between SCS Investments LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer 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 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 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. 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. Sanitary Sewer Easement REV.01/01/2020 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-of4ay 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 : SCS INVESTMENTS LLC an Idaho limited liability company 411 el A . Hall, ide STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 3WI 2023 (date) by Michael A. Hall (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 SCS Investments LLC (name of entity on behalf of whom record was executed) , in the following representative capacity : President (type of authority such as officer or trustee) F NNA uISSION #67674 TARY PUBLIC otary SignatureTE OF IDAHO My Commission Expires : �5 Sanitary Sewer Easement REV. 01 /01 /2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: Sanitary Sewer Easement REV. 01/01/2020 km E N G I N E E R I N G March 23,2023 Project No.:21-240 Pollard Subdivision City of Meridian Sewer Easement Legal Description Exhibit A Parcels of land for a sewer easement situated in a portion of the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of Section 21,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 South 1/4 corner of said Section 21,which bears S89°27'17"E a distance of2,609.39 feet from an aluminum cap marking the Southwest corner of said Section 21,thence N00°32'12"E a distance of 115.00 feet to the northerly right-of-way line of W.Chinden Blvd.; Thence following said northerly right-of-way line, N89°27'17"W a distance of 34.80 feet to the westerly right-of-way line of N. Rustic Oak Ave.; Thence leaving said northerly right-of-way line and following said westerly right-of-way line, N00°34'29"E a distance of 245.02 feet; Thence leaving said westerly right-of-way line, N89°25'31"W a distance of 277.35 feet to POINT OF BEGINNING 1. Thence S00°34'29"W a distance of 20.00 feet; Thence N89°25'31"W a distance of 71.29 feet; Thence N00°34'29"E a distance of 20.00 feet to a point hereinafter referred to as POINT"A"; Thence S89°25'31"E a distance of 71.29 feet to POINT OF BEGINNING 1. Said parcel contains 1,426 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"A",thence N00°58'47"E a distance of 141.46 feet to POINT OF BEGINNING 2. Thence N89°25'31"W a distance of 20.00 feet; Thence N00°34'29"E a distance of 42.05 feet; Thence N89°25'31"W a distance of 224.77 feet; Thence N00°36'05"E a distance of 16.50 feet to a point hereinafter referred to as POINT"B"; Thence S89°25'31"E a distance of 592.40 feet to a point hereinafter referred to as POINT"C"and being on the westerly right-of-way line of N. Rustic Oak Ave.; Thence following said westerly right-of-way line,S00°34'29"W a distance of 16.50 feet; Thence leaving said westerly right-of-way line, N89'25'31"W a distance of 188.90 feet; Thence S00°34'29"W a distance of 42.00 feet; Thence N89°25'31"W a distance of 20.00 feet; Thence N00°34'29"E a distance of 42.00 feet; Thence N89°25'31"W a distance of 138.74 feet; 5725 North Discovery Way• Boise,Idaho 83713 •208.639.6939• kmengllp.com Thence S00°34'29"W a distance of 42.05 feet to POINT OF BEGINNING 2. Said parcel contains 11,456 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"B",thence NO2'11'14"W a distance of 442.52 feet to POINT OF BEGINNING 3. Thence N00'32'54"E a distance of 44.98 feet; Thence S89'27'06"E a distance of 30.00 feet; Thence S00'32'54"W a distance of 44.98 feet to the northerly right-of-way line of W.Waverton Dr.; Thence following said northerly right of way line, N89°27'06"W a distance of 30.00 feet to POINT OF BEGINNING 3. Said parcel contains 1,349 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"C",thence S89°25'31"E a distance of 99.00 feet to POINT OF BEGINNING 4. Thence S89'25'31"E a distance of 48.51 feet; Thence S00'34'29"W a distance of 16.50 feet to a point hereinafter referred to as POINT"D"; Thence N89°25'31"W a distance of 48.51 feet to a point hereinafter referred to as POINT"E"and being on the easterly right-of-way line of N. Rustic Oak Ave.; Thence following said easterly right-of-way line, N00'34'29"E a distance of 16.50 feet to POINT OF BEGINNING 4. Said parcel contains 800 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as"POINT E",thence following the easterly right-of-way line of N. Rustic Oak Ave.,S00'34'29"W a distance of 239.97 feet to POINT OF BEGINNING 5. Thence leaving said easterly right-of-way line,S89'27'17"E a distance of 62.17 feet; Thence S00°32'43"W a distance of 20.00 feet; Thence N89°27'17"W a distance of 62.18 feet to said easterly right-of-way line; Thence following said easterly right-of-way line, N00°34'29"E a distance of 20.00 feet to POINT OF BEGINNING S. Said parcel contains 1,243 square feet, more or less. PAGE 12 TOGETHER WITH: Commencing at a point previously referred to as POINT"D",thence N88°55'25"E a distance of 1,173.39 feet to POINT OF BEGINNING 6. Thence N00"27'11"E a distance of 20.00 feet; Thence S89°32'49"E a distance of 20.49 feet to the boundary of Faibourne Subdivision No.2(Book 119 of Plats at Page 18316, records of Ada County, Idaho); Thence following said boundary,S00°27'11"W a distance of 20.00 feet; Thence leaving said boundary, N89°32'49"W a distance of 20.49 feet to POINT OF BEGINNING 6. Said parcel contains 410 square feet,more or less. Said description contains a tota I of 16,684 square feet(0.38 acres), more or less. Attached hereto is Exhibit B and bythis reference is made a part hereof. 4 a a 2 0 OF PAGE 3 O t +.i �O SCS Investments,LLC 50421438500 0 200 N 400 600 ai Y L14 n"- ! Plan Scale:1"=200' N O U :51 t P.O.B. 3 L16 W.Waverton Dr. W w a V) a > N a N 2 4 a W tn , � Iv O wA S89'25'31"E Z P.O.B. 4 N I 99.00' (TIE) G N �' S89 25'31"E N L = POINT "C" 48.51' 4" M POINT "B" n L17 A c z O O �O CO m S8925'31"E 592_40 NW55'25"E� po d` —VN0036'OS"E �g �4 4 L11 �� L7 L19 1173.39' (TIE) >16.50' L6 L3 L72 L9 L18 POINT "D" P. 0 N Z P.o.e. 2 SCS Investments,LLC pOI� •E• v� vNoo 58'47"E�� SO421346900 S00 34'29"W Z +L r 141.46' (TIE) 239.97' (TIE) fV L2 S89'25'31"E 277.35' PONT "A" _____ P.O.B. 5 x( a O SCS Investments,LLC O N00'34'29"E P.O.B. 1 L20 LL1 U 20.00' L1 w a 50421438500 N89'25'31"W N o L21 S00'32'43"W N to 71.29' n a 20.00' Z N DATE: March 2023 PROJECT: 21.240 3 SHEET: N69'27.17"W I 1 OF 2 34.80' \_N00'32'12"E F q 115.00' (TIE) — x V S89'27'17'E 2609.39' BASIS OF BEARING W.Chinden Blvd. SW CORNER SECTION 21 FOUND ALUMINUM CAP POINT OF COMMENCEMENT lam a S 1/4 CORNER SECTION 21 EN GIN EERING FOUND ALUMINUM CAP 5725 NORTH DISCOVERY WAY BOISE,IDAHO 83713 PHONE(208)539-6939 '�• kmengllp.mm o t n3 +j -o c a> E 0 0 V U m \ I LU a—I -0 LINE TABLE LINE TABLE L LUQ a) V) LINE BEARING DISTANCE LINE BEARING DISTANCE � 0 0, L7 S00'34'29'W 20.00 L14 S89'27'06"E 30.00 V) a I c '5 c W L2 S89'25'31"E 71.29 L15 S00'32'54"W 44.98 "a \ ! o L3 N89'25'31'W 20.00 L16 N89'27'06"W 30.00 LU L4 N00'34'29"E 42.05 L17 S00'34'29'W 16.50 N U L5 N89-25.31'YV 224.77 L18 N89'25'31"W M 48.51 '} m m p — O o L6 S00'34'29"W 16.50 L19 N00'34'29"E 16.50 L7 N89'25'31'W 188.90 L20 S89'27'17"E 62.17 U LB S00'34'29'W 42.00 L21 N89-27-17'W 62.18 CO Z L9 N89'25'31"W 20.00 L22 N00'34'29"E 20.00 4- t ~ z L10 N00'34'29"E 42.00 L23 N00'27'11"E 20.00 N L11 N89'25'31"W 138.74 L24 S89'32'49"E 20.49 LU O Io u N L12 S00 34'29'W 42.05 L25 S00'27'11"W I 20.00 vN S L13 N00'32'54"E 44.98 L26 N89'32'49'W 20.49 f DATE: Mamh 2023 u� PROIECF: 23-240 w SHEET: 2 OF 2 lam S E G 572 MOR H DISCOVERY WAY a BOISE.IDAH083713 PHONE(208(fi39•fi939 kmeMllp.com E IDIAN --- AGENDA ITEM ITEM TOPIC: Pollard Subdivision Sanitary Sewer Easement No. 2 roieck Name Subdivision): ADA COUNTY RECORDER Trent Tripple 2023-019377 BOISE IDAHO Pgs=7 CHE FOWLER 04/05/2023 08:07 AM Pollard Subdivision CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer Easement Number: Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 4th day of _April_, 20 23 between Smith Brighton Inc., ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described? and WHEREAS, the sanitary sewer 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 over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of sanitary sewer 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. 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. Sanitary Sewer Easement REV. 01/01/2020 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: Smith Brighton Inc., an Idaho corpor VX By:Robert L.Phillips,Vice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 34 2023_ (date) by Robert L.Phillips (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 Smith Brighton 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) 1 (stamp) Y� Notary Signature My Commission Expires: IL SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-4-2023 Attest by Chris Johnson, City Clerk 4-4-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 4-4-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer Easement REV.01/01/2020 km E N G I N E E R I N G March 22,2023 Project No.:21-240 Pollard Subdivision City of Meridian Sewer Easement Legal Description Exhibit A I Parcels of land for a sewer easement situated in a portion of the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of Section 21,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 South 1/4 corner of said Section 21,which bears S89°27'17"E a distance of 2,609.39 feet from an aluminum cap marking the Southwest corner of said Section 21, thence N00°32'12"E a distance of 115.00 feet to the northerly right-of-way line of W.Chinden Blvd.; Thence following said northerly right-of-way line, N89°27'17"W a distance of 34.80 feet to the westerly right-of-way line of N. Rustic Oak Ave.; Thence leaving said northerly right-of-way line and following said westerly right-of-way line, N00°34'29"E a distance of 225.02 feet to POINT OF BEGINNING 1. Thence leaving said westerly right-of-way line, N89'25'31"W a distance of 277.35 feet; Thence N00°34'29"E a distance of 20.00 feet to a point hereinafter referred to as POINT"A"; Thence S89°25'31"E a distance of 277.35 feet to said westerly right-of-way line; Thence following said westerly right-of-way line,S00°34'29"W a distance of 20.00 feet to POINT OF BEGINNING 1. Said parcel contains 5,547 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"A",thence N59°12'26"W a distance of 364.80 feet to POINT OF BEGINNING 2. Thence N89°25'31"W a distance of 16.50 feet; Thence N00°36'05"E a distance of 20.00 feet to a point hereinafter referred to as POINT"B"; Thence S89°25'31"E a distance of400.00 feet; Thence N00°34'29"E a distance of 55.00 feet; Thence S89°25'31"E a distance of 20.00 feet; Thence S00°34'29"W a distance of 55.00 feet; Thence S89°25'31"E a distance of 188.90 feet to a point hereinafter referred to as POINT"C" and being on the westerly right-of-way line of N. Rustic Oak Ave.; Thence following said westerly right-of-way line,S00°34'29"W a distance of 3.50 feet; Thence leaving said westerly right-of-way line, N89°25'31"W a distance of 592.40 feet; Thence S00°36'05"W a distance of 16.50 feet to POINT OF BEGINNING 2. Said parcel contains 3,503 square feet, more or less. 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengllp.com TOGETHER WITH: Commencing at a point previously referred to as POINT"B",thence N42'46'21"W a distance of 468.72 feet to POINT OF BEGINNING 3. Thence N89°27'06"W a distance of 30.00 feet; Thence N00°32'54"E a distance of 34.50 feet to the southerly right-of-way line of W. Waverton Dr.; Thence following said southerly right-of-way line,S89°27'06"E a distance of 30.00 feet to a point hereinafter referred to as POINT"D"; Thence leaving said southerly right-of-way line,S00'32'54"W a distance of 34.50 feet to POINT OF BEGINNING 3. Said parcel contains 1,035 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"D", thence following the southerly right-of-way line of W. Waverton Dr.,S89'27'06"E a distance of 316.93 feet to POINT OF BEGINNING 4. Thence following said southerly right-of-way line,S89'27'06"E a distance of 30.00 feet; Thence leaving said southerly right-of-way line,S00'36'05"W a distance of 49.56 feet; Thence N89°23'55"W a distance of 30.00 feet; Thence N00°36'05"E a distance of 49.53 feet to POINT OF BEGINNING 4. Said parcel contains 1,486 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"C",thence S89°25'31"E a distance of 99.00 feet to POINT OF BEGINNING 5. Thence S89°25'31"E a distance of48.51 feet; Thence S00°34'29"W a distance of 3.50 feet; Thence N89'25'31"W a distance of 48.51 feet to the easterly right-of-way line of N. Rustic Oak Ave.; Thence following said easterly right-of-way line, N00'34'29"E a distance of 3.50 feet to POINT OF BEGINNINGS. Said parcel contains 170 square feet,more or less. � G Said description contains a total of 11,741 square feet(0.27 acres), more or less. 0 Attached hereto is Exhibit B and by this reference is made a part hereof. ow 12459VA A� or 3.2-2 .U7,3 PAGE 12 0 t 4' Nc o zoo N aoo o E s P.O.B. a n Plan Scale:1"=200' 0 0 Ltt POINT "D" W.Waverton Dr. W S89 27'O6"E L13 L Lu Q Li 0 316.93' (TIE) /D j ?(Ij? N L12 L9 \ ¢ ai ' a P.O.B. 3 L15 M '� N \y� Smith Brighton,Inc. u Smith Brighton,Inc. -0 cr ?' SO421346625 � i SO421438550 5 3 r, O 0 2\�k S8925'31"E (Ij (ALy N +T `J� S89'25'31"E 99.00' (TIE) Z P.O.B. 5 y V m \ 20.00' POINT "C" SB9 2531"E O f>3 4- Co C POINT "B" 91 S89125'31"E 400.00' dI I� L6 L17 3 Smith Brighton,Inc. 1-3—J \-�— N89'25'31"W 592.40-———— L7 V SO421346150 u Li Lte z L2 �'ysg• v1 Z 0 3 1?. L19 CO P.O.B. 2 s?s�?6�1 POINT "A" ++ H 3 � 72 C � S89'25'31"E 277.35' t N C — x -0 a N00'3429E N89'25'31"W 277.35' W w O 20.00' P.O.B. 1 v V) N Z Smith Brighton,Inc. Noo3a'2s'E w SO4213470SO 225.02' DATE: March 2023 PROJECT: 21-240 3 SHEET: W.Chinden Blvd. N89.27'171W 1 OF 2 N 34.80' N0032'12"E m n — 115.00' (11E) V S89'27'17"E 2609.39'— w BASIS OF BEARING > SW CORNER SECTION 21 FOUND ALUMINUM CAP POINT OF COMMENCEMENT Ion a S 1/4 CORNER SECTION 21- ENGINEERING 5 FOUND ALUMINUM CAP c 5725 NORTH DISCOVERY WAY BOISE.IDAHO 93713 PHONE"0B1639.6939 � kmengllp.mm o s C v) a � t E �. w o 0 f73 U LJJ a�1 LINE TABLE LINE TABLE N L c LINE BEARING DISTANCE LINE BEARING DISTANCE .0 4 L1 S00'34'29"W 20.00 L11 S89'27'06"E 30.00 v .> rCo L2 N89.25-31"W 16.50 L12 S00'32'54"W 34.50 o L3 N00'36'05"E 20.00 L13 S89'27'06"E 30.00 O `� L ) LU L4 N00'34'29"E 55.00 L14 S00'36'05"W 49.56 L5 S00'34'291W 55.00 L15 m '23'55"W 30.00 v- cu N89 - O - Ca L6 S89'25'31"E 188.90 L16 N00'36'05'E 49.53 oCa a 5 L7 S00'34'29"W 3.50 L17 S00'34'29"W 3.50 U `i m 0 L8 S00'36'05"W 16.50 L18 N89'25'31"W 48.51 m N Z d 3 L9 N89'27'06"W 30.00 L19 N00'34'29"E 3.50 ~ t ~ o L10 N00'32'54"E 34.50 r4 X W N O U N +3+ N N z V1 DATE- March 2023 PROJECF. 21-200 SHEET: 2OF2 kin 5 E N G I N E E R I N G 5725 NORTH DISCOVERY WAY BOISE,IDAHO 83713 PHONE(208)639-6939 kmengllp.mm E IDIAN --- AGENDA ITEM ITEM TOPIC: Ten Mile Creek Apartments No. 3 Water Easement Project Name Subdivision; ADA COUNTY RECORDER Trent Tripple 2023-019380 Ten Mile Creek Aartets o 3 .. BOISE IDAHO Pgs=5 CHE FOWLER 04/05/2023 08:09 AM Water Main Easement Number: I CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day of April 20 23 between SCS Brighton Altair LLC, ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main 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 water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of 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. 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 Water Main Easement Version 01/01/2020 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: SCS Brighton Altair LLC,an Idaho limited liability company By: Brighton Corporation,an Idaho corporation By: Robert L.Phillips, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on March 30, 2023 (date) by Robert L. Phillips, (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 Brighton Corporation, Manager of SCS Brighton Altair LLC, (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) _ Notary Signature My Commission Expires: - ogoa SHARI VAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-4-2023 Attest by Chris Johnson, City Clerk 4-4-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 4-4-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 km E N G I N E E R I N G March 30,2023 Project No.21-249 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement situated a portion of Lot 9,Block 3 of Proposed TM Center Subdivision No.6,further situated in the Northeast 1/4 of the Northwest 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 S89°09'27"E a distance of 2,657.99 feet from a found brass cap marking the Northwest corner of said Section 14,thence following the northerly line ofsaid Northeast 1/4 of the Northwest 1/4,N89`09'27"W a distance of 542.80 feet; Thence leaving said northerly line,S00"33'41"W a distance of 241.57 feet to a found 5/8-inch rebar marking the northeast corner of said Lot 9; Thence following the easterly boundary line of said Lot 9,S00°33'41"W a distance of 229.21 feet to the POINT OF BEGINNING. Thence following said easterly boundary line,S00°33'41"W a distance of 20.00 feet; Thence leaving said easterly boundary line,N89°24'29"W a distance of 27.97 feet; Thence N44°26'54"W a distance of 61.10 feet; Thence N00°31'41"E a distance of49.22 feet to a point on an existing easement line as described per Instrument No. 2022-018611; Thence following said existing easement line,S89°26'24"E a distance of 20.00 feet; Thence leaving said existing easement line,S00°31'41"W a distance of 40.93 feet; Thence 544°26'54"E a distance of 44.54 feet; Thence S89"24'29"E a distance of 19.68 feet to the POINT OF BEGINNING. Said parcel contains 2,435 square feet,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. 12459 Q OF 3.30 • t®�� 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939 • kmengllp.com W. Franklin Road 10 11 BASIS OF BEARING 11 S89'09'27"E 2657,99' 15 14 2115.19' — — 542.80' 14 NORTHWEST CORNER p � SECTION 14 POINT OF COMMENCEMENT NORTH 1/4 CORNER 1 SECTION 14 N F— Ala NflE N n N 0 0 60 120 180 Plan Scale: 1"=60' LEGEND r — � SCS Brigthon Altair, LLC I I BRASS CAP S1214212650 I I ® ALUMINUM CAP (Proposed Lot 9, Block 3 I I 5/8" R2EBAR,� MARKED TM Creek Subdivision No. 6) I I , "ALB N d A CALCULATED POINT 1 N M — — — SECTION LINE o —— ——— —— I N o BOUNDARY LINE j EXISTING EASEMENT v1 — N (INST. No. 2022-018611) 1 SURVEY TIE LINE — � ———————— EASEMENT LINE m ——— —— —— EXISTINGED EASEMENT LINE, AS s m LINE TABLE POINT OF LB BEGINNING LINE BEARING DISTANCE r L1 S00'33'41"W 20.00 J. L2 N89'24'29"W 27.97 z 0N44 26'54"W 61.10 W L4 N00'31-41"E 49.22 g L5 S89'26'24"E 20.00 Z a L6 S00'31'41"W 40.93 ! 0 L7 S44'26'54"E 44.54 LB S89'24'29"E 19.68 a ry E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY OI SE)DA 3 Exhibit B 1 PHONE(208)639.69639.6939 kmengllp.com City of Meridian Water Easement i D KE; MARCH,2023 a P IDJECT: 21-249 ", SHEET: A portion of Lot 9,Block 3 of proposed TM Center Subdivision No.6,situated in the 1�4- 1 OF 1 NE 1/4 of the NW 1/4 of Sec.14,T.3N.,R.1W.,B.M.,City of Meridian,Ada County, ID a E IDIAN --- AGENDA ITEM ITEM TOPIC: Ten Mile Creek Apartments Private Rd. Sewer & Water Easement ADA COUNTY RECORDER Trent Tripple 2023-019379 BOISE IDAHO Pgs=9 CHE FOWLER 04/05/2023 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE Ten Mile Creek Apartments Private Road SanitarN Sewer&Water Main Easement Number: I Identify Ihi.,,Easement by sequential number if Project contains ore, Z more than one easement of this type. (See e See Instructions for additional information). SANITARY SEWER AND AATEH MAIN EASEMED11 TFUS Easement Agreement, made this 4th day of April 2023 between SCS TM Creek LLC, DWT Investments LLC and SCS Brighton Altair 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 to 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 14AVE 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. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV 01/01/2020 GRANTOR: SCS TM CREEK LLC, an Idaho limited liability company By: SCS Management LLC an Idaho limited liability company, Manager By: "� 4 � Michael A. Hall, President STATE OF IDAHO ) .SS. County of Ada ) On this 30 day of March, 2023,before me a Notary Public of said State,personally appeared Michael A. Hall, known or identified to me to be the President of SCS Management LLC, the Manager of SCS TM Creek LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written I ( )(stamp) L I l/�.�•t v� Notary Signature SHARI VAUGHAN My Commission Expires: (9 aDoL`A tj Notary Public-State of Idaho ' Commission Number 20181002 tMy Commission Expires Jun 1, 2024 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager Robert L. Phillips, President STATE OF IDAHO ) .SS. County of Ada ) On this 30 day of March, 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT Investments LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written (stamp) SHARI VAUG Nary Signature Notary Public-Statete of ot of Idaho My Commission Expires' Commission Number 20181002 My Commission Expires Jun 1, 2024 GRANTOR: SCS BRIGHTON ALTAIR LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By, Robert L. Phillips, President STATE OF IDAHO ) .SS. County of Ada } On this 30 day of March, 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips,known or identified to me to be the President of Brighton Corporation, the Manager of SCS Brighton Altair LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written a EN. ARI VAUGHAN Notary Signature / blic-State of Idaho [ My Commission Expires: n Number 20181002 �. on Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-4-2023 Attest by Chris Johnson, City Clerk 4-4-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-4-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A DESCRIPTION FOR CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT TEN MILE CREEK APARTMENTS A portion of Lots 2 and 3, Block 3 of TM Creek Subdivision No. 4 as filed in Book 117 of Plats at Pages 17944 through 17947, records of Ada County, Idaho and a portion of the NW1/4 of Section 14, T.3N., RAW., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the SW corner of said Lot 2; thence along the West boundary line of said Lot 2 North 0003341" East, 15.90 feet; thence leaving said West boundary line South 89028'24" East, 187.12 feet; thence North 62058'40" East, 25.12 feet; thence North 2700120"West, 3.64 feet; thence North 62°58'40" East, 10.00 feet; thence South 27001'20" East, 3.64 feet; thence North 62058'40" East, 22.49 feet; thence South 89026'19" East, 213.92 feet; thence North 00033'41" East, 21.36 feet; thence South 89'26'19" East, 15.26 feet; thence South 00°33'41" West, 21.36 feet; thence South 89026'19" East, 179.56 feet; thence North 00033'41" East, 7.79 feet; thence South 89026'19" East, 10.00 feet; thence South 00033'41" West, 7.79 feet; thence South 89026'19" East, 175.94 feet; thence North 00033'41" East, 21.60 feet; thence South 89026'19" East, 14.27 feet; thence South 00033'41" West, 21.60 feet; thence South 89026'19" East, 20.67 feet; thence South 00033'41" West, 31.00 feet; Page 1 of 2 thence North 89026'19" West, 78.91 feet; thence South 00054'53" West, 35.07 feet; thence North 89005'07" West, 20.00 feet; thence North 00054'53" East, 34.94 feet; thence North 8902619" West, 351.64 feet; thence South 00054'53" West, 34.96 feet; thence North 89005'07" West, 20.00 feet; thence North 00054'53" East, 34.84 feet; thence North 89026'19" West, 132.02 feet; thence South 62058'40" West, 77.03 feet; thence North 89028'24" West, 57.83 feet; thence South 46051'21" East, 82.72 feet; thence South 43008'39" West, 20.00 feet; thence North 46051'21"West, 104.45 feet; thence North 89028'24" West, 109.58 feet to a point on the West boundary line of said Lot 3; thence along said West boundary line North 00033'41" East, 24.10 feet to the REAL POINT OF BEGINNING. NS O 7729 31ti��z� O OF G. Page 2 of 2 i S89'26'19"E 15.26' N00'33'41"E L8 L11 N00'33'41"E O L5 21.36'� L7 �L9 L10� L12 7.79' L4 L6 L13 L1 L3 _ S89'_26'19"E 213.92'_ _ -1 S89'26'i9"E 179.56_' S89'26'19"E 175.94' RPOB S89'28'24"E 187.12' L2- v SW CORNER - - - - - - - i _ _ T r OBLLOT 2,OCK 3 d �L19 - L18 I/�500'54'53"W N89'26'19'W 351.64' / L15 I N00-54'S3"E 34.96' !J L23 �> i 34.84' N00'54'53"E (2 i N89'05'07"W L77 34.94' �S62'58'40"W 20.00' LJ 77.03' I Q � I L21 Line Table Line Table Li O Line Bearing Length Line Bearing Length t z_ t` L1 N00'33'41"E 15.90' L13 S89'26'19"E 20.67' I TM CREEK SUBDIVISION NO 4 3 I L2 N62-58.40"E 25.12' L14 S00'33'41"W 31.00' t t/1 O L3 N27'01'20"W 3.64' L15 N89'26'19"W 78.91' I I L4 N62'58'40"E 10.00' L16 I S00'54'53"W 35.07' I BLOCK 3 I L5 I S27'01'20"E 3.64' L17 N89'05'07"W 20.00' I L6 I N6258'40"E 22.49' L18 N89'26'19"W 132.02' p S,G L7 S00'33'41"W 21.36' L19 N89'28'24"W 57.83' \C L8 S89'26'19"E 10.00' L20 S46'51'21"E 82.72' � L9 S00'33'41"W 7.79' L21 S43'08'39"W 20.00' a 7729 N ?>\Z'�,�,�Z0 L10 N00'33'41"E 21.60' L22 N46'51'21"W 104.45' L11 S89'26'19"E 14.27' L23 N89'28'24"W 109.58' C�1'G.CP� L12 SOO'33'41"W 21.60' L24 NOO-33.41"E 24.10' _4 P:\I.MI"CUM Ap-21-.H1\d"\-MY I-AW SMMIa MM"2 E-d9 3/28/2523 It 39 57 PM Scale: 1"=100' IDAHO Exhibit .�_ Drawing for Jon No. 21-341 9e551N.EMEMM0er. TEN MILE CREEK APARTMENTS Sheet No. o zs so 100 zoo SURVEY PM, °0T06 CITY OF MERIDIAN SEWER AND WATER EASEMENT GROUP, LLC Located In The NW/4 of Section 14, Dwg. Dote T.3N., RAW., B.M., Ado County, Idaho 3/25/2-3 E IDIAN --- AGENDA ITEM ITEM TOPIC: U-Haul Moving and Storage Sanitary Sewer and Water Main Easement No.1 ADA COUNTY RECORDER Trent Tripple 2023-019381 BOISE IDAHO Pgs=5 CHE FOWLER 04/05/2023 08:09 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0050 U-Haul Moving and Storage Sanitary Sewer and Water Main Easement No. I C— TA�ZY SEWER f1ND WATER 1VI�Ll�I Er1�F.M; :NT THIS Easement Agreement, made this 4th day of April 20 23 between Amerco Real Estate Company,a`Nevada Corporation' ("Grantor"-) and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be 'provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation` and maintenance of sanitary sewer'and water mains over and across the following described`property: (SEE ATTACHED EXHIBITS A and B)' The easement hereby 'granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns'forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee-shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 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: Matthew F.Braccia-President,Am co aY state Company STATE OF ARIZONA ) )ss County of Maricopa ) This record was acknowledged before me on I 2 2 (date) by M0*fif7d F. BMCCICI(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 A MLO Ell s C of entity on behalf of whom record was executed), in the following representative c*acity: P►r�,j&n (type of authority such as officer or trustee) (stamp) �J VALERIA e.7COUNTY A NOTARY PUBLIC Notary Signature MARICOPCOMMISSI My Commission Expires: 3 30 2bZMY COMMISSMARCH Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-4-2023 Attest by Chris Johnson,City Clerk 4-4-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-4-2023 (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.O1/01/2020 TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 Fax (208) 385-0696 EXHIBIT A U-Haul Moving & Storage Easement 1 Project, No.: 5053 Date: January 30, 2023 DESCRIPTION FOR CITY OF MERIDIAN SEWER AND WATER EASEMENT — U-HAUL —WEST FRANKLIN ROAD An easement lying in the SW 114 of Section 12, T.3N., RA., B.M., Meridian, Ada County, Idaho and more particularly described as follows.- Commencing at the Southwest corner of said Section 12, marked by a brass cap; thence along South boundary of said Section 12 South 890 10'25" East 1537.08 feet to point; thence leaving said South boundary at right angles North 00049'35" East 42.00 to a point marking the POINT OF BEGINNING; thence continuing North 00049'35" East 70.00 feet to a point; thence at right angles South 89010'25" East 21.08 feet to a point; thence North 00000'00" West 50.18 feet to a point; thence North 11015'00" West 53.57 feet to a point; thence at right angles North 78°45'00" East 20.00 feet to a point; thence at right angles South 11 015'00" East 55.54 feet to a point; thence South 00000'00" East 98.20 feet to a point; thence South 89010'25" East 8.26 feet to a point; thence at right angles South 00049'35" West 24.24 feet to a point on said North right-of-way of West Franklin Road; thence along said North right-of-way line North 89010'25" West 50.00 feet to the POINT OF BEGINNING. SAL LA ft 4 T 6 o 34 0 l W.1505310oc15053-easement desc.docx-jdc «c �; :i.. n N 78'45'00"E 20.00' CITY OF MERIDIAN SEWER AND WATER EASEMENT �— FOR U —HAUL, FRANKLIN RD. LYING IN THE SW 1/4, SECTION 12, T.3N., RAW., B.M., im MERIDIAN, ADA COUNTY, IDAHO t.n o LEGEND - � � S SANITARY SEWER LINE w 06 w WATERLINE N 00'00'00" W 50.18' II o = OO MANHOLE w IN r S 89' 10'25"E co O ++ FIRE HYDRANT 21.08' F d �I ------------------- EASEMENT BOUNDARY m 3 EI CQ- io y ROS NO. 4462 _ = to ^I ,' o R W W SOUTHWEST CORNER OF W i IsW S -PARCEL SHOWN ON RECORD S 89 10'25"E OF SURVEY NO. 4462 j. I 8.26, M 00'49'35" W ' NL--cNn.= --..: --'�---. ,•�-2l/�601.r---- �' 50.00' 24.24' M I S 89•10'25 E 261.60' 1 WEST FRANKLIN ROAD POINT OF BEGINNING 71---N 00'49'35"E 42.00' L LANb WW W W �`---$ I �— 89'-lOI'25"E 1537.08' ~� T SOUTHWEST CORNER Q _- SECTION 12 I w 347,z �, TEALETS LAND SURVEYING 4 q �� OF 10 12594 W. EXPLORER DRIVE, SUITE 150 208-385-0636 BOISE. ID. 83713 jII� �l DATE: 1127123 JOB NO. 5053 E IDIAN --- AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Millwood Subdivision (H-2022-0089) by Epic Development, located at 1975 E. Victory Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAWC f1E AND DECISION DECISION&ORDER a In the Matter of the Request for Annexation of 4.74 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 17 Building Lots (Including One for an Existing Home) and Two (2) Common Lots on 4.11 Acres of Land in the R-8 Zoning District for Millwood Subdivision,by Epic Development. Case No(s). H-2022-0089 For the City Council Hearing Date of. March 21,2023 (Findings on April 4,2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21, 2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21,2023,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 21,2023,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(LC. §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 NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 21,2023,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation&zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of March 21,2023,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 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -2- 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 § 67-6521(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 March 21,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -3- By action of the City Council at its regular meeting held on the 4th day of April 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-4-2023 Attest: Chris Johnson 4-4-2023 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 4-4-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NIILLWOOD SUBDIVISION AZ PP H-2022-0089 -4- EXHIBIT A STAFF REPORT W IDLAN�--- COMMUNITY DEVELOPMENT DEPARTMENT I H O HEARING March 21,2023 Legend n__'% DATE: 0 Project Location ,,. TO: Mayor&City Council FROM: Sonya Allen,Associate Planner . 208-884-5533 _ e _ SUBJECT: Millwood Subdivision 41s H-2022-0089 LOCATION: 1975 E. Victory Rd.,in the NW 1/4 ofSection 29,T.3N.,R.IE. (Parcel 4SI129223095) � IM 11� L PROJECT DESCRIPTION Annexation of 4.74 acres of land with an R-8 zoning district; and preliminary plat consisting of 17 building lots(including one for an existing home)and two(2)common lots on 4.11 acres of land in the R-8 zoning district for Millwood Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Acreage= 4.11 acres(4.74 acres—annexation area) Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family rural residential(SFR) Proposed Land Use(s) SFR Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium-density Residential) Lots(9 and type;bldg/common) 17 building/2 common Phasing plan(9 of phases) NA(not proposed to be phased) Number of Residential Units(type 17 single-family detached units(including existing home) of units) Density(gross&net) 4.14 units/acre(gross) Open Space(acres,total[%]/ 0.27-acre(7%) buffer/qualified) Pagel Amenities Tot lot with play equipment and a segment of the City's multi-use pathway system. Physical Features(waterways, The Eight Mile Lateral rums off-site along the east boundary of the site. hazards,flood plain,hillside) Neighborhood meeting date 10/27/22 History(previous approvals) ROS 92426&#2734 B. Community Metric Description Details Ada County Highway District • Staff report Yes (yes/no) • Requires ACHD No Commission Action es/no • Existing There is one(1)stub street planned to the west boundary of this site with Conditions Teakwood Place Subdivision(H-2020-0006). • CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): (If no improvements listed/scheduled) There are no roadways, bridges or intersections in the general vicinity of the project that are in the Integrated Five Year Work Plan(IFYWP)or the District's Capital Improvement Plan(CIP). • Victory Road is scheduled in the IFYWP for a corridor improvement project:Victory Corridor B, which includes widening to 3-lanes from Locust Grove Road to Eagle Road and constructing enhanced pedestrian bike facilities with design scheduled for 2025. • The intersection of Victory Road and Locust Grove Road is scheduled in the IFYWP for an intersection project including constructing a multi-lane roundabout, removing,and replacing the existing bridge over the Tenmile creek;with construction in 2023. • Locust Grove Road Bridge#12 is scheduled in the IFYWP for a bridge improvement project: South Meridian Improvements A,which includes removing and replacing the existing bridge over Ten Mile Creek,with construction in 2026. • The intersection of Victory Road and Locust Grove Road is listed in the CIP to be widened to 4-lanes on the north leg,4-lanes on the south,4-lanes east,and 4-lanes on the west leg,and signalized between 2021 and 2025. • Victory Road is listed in the CIP to be widened to 3-lanes from Locust Grove Road to Eagle Road between 2026 and 2030. Level of Service Better than"E"("E"is acceptable) Access Existing access for this parcel is provided via an access easement across the (Arterial/Collectors/State parcel to the northeast of this site(#S 1129223005 DeChambeau)via E.Victory Hwy/Local)(Existing and Rd.Proposed access is via the extension of E.Richardson St.,a local street Proposed) proposed with Teakwood Subdivision at the west boundary. Proposed Road Improvements None(this site doesn't have frontage on Victor Rd.) Fire Department • Distance to Fire Station 1.6 miles from Station#4 • Resource Reliability 74%(doesn't meet targeted goal of 80%or greater) • Risk Identification 2(current resources would not be adequate to supply service to this project) • Accessibility Project meets all required access,road widths&turnarounds. • Special/resource needs An aerial device is required. • Water Supply 1,000 gallons per minute for one hour Page 2 •• ! / '1 • � 1 1 ■ ■ ■ . 1 1 � 1 1 II 1 'a i i ii DUI►Q♦1♦Iln■ Im son Ingo - NEESE ME also • � - �r.Ij����iiii��Ii..�\�•���{���♦fir - . '� _ _ ����' in IN �flf�l 1`III■a �� inwa:uuinu non rVICTOR:Y-- �� � - �-VICT�O'RY1 PAP -- � ..■..■..0 Qm■ • - , ,, nnmuuumw��� 1w 1 mIII looll 111!■■.�G 1111111!O �f.•� —/-. ,Il.11f u■r--nmunm a .=�. ♦j ME ■!l11111 '�,,N 1 - ■- III■ul■a ♦♦ 11/ ., I . - ■■■ ter•■.!O et ♦•11{ _... \i is Iml■11�■ ��- dal 1 �► 111, 'I nuuuum � � !1 � ��� ♦III � �III► � - ♦i♦ 1� . . rGnn■loom l0 1■- - I�♦`ru nnlnnul �Pi ��pp '♦'i Zoning Map Planned Development Map Legend 0 Legend 70 Project Location RIT4A QProject Locatio TEM n -8 Ql y City Limits — Planned Parcels R-8 RR- � f� L-O RUT RUT RUTLLJ F4, ® ® f, � -R-8 PP - _ - RU B RH� _��HSIm om III. APPLICANT INFORMATION A. Applicant: Truman Mathews,Epic Development— 1831 E. Overland Rd.,Meridian,ID 83642 B. Owner: Ted Burke,EDM Partners—2185 East 3300 South, Salt Lake City,UT 84109 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 1/29/2023 3/5/2023 Radius notification mailed to property owners within 300 feet 1/26/2023 3/3/2023 Public hearing notice sign posted NA(not required as the NA(not required as the on site property is not property is not adjacent to any streets) adjacent to any streets) Nextdoor posting 1/30/2023 3/7/2023 Page 4 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium-Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three (3)to eight(8)dwelling units per acre. The Applicant proposes a 17-lot subdivision for single-family residential detached homes at a gross density of 4.14 units per acre,consistent with the density desired in the MDR designation. Lots for proposed homes range in size from 4,245 square feet(s.f) (or 0.10-acre)to 6,799 s.f. (or 0.16-acre); the size of the lot proposed for the existing home is 34,706 s.f. (or 0.80-acre). Although the overall density is consistent with the density desired in the MDR designation,the lot sizes proposed are smaller than typical for the density proposed with the retention of the existing home on a large lot. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. Local streets are proposed internally for access to the proposed lots. Transit services are not available to this site. Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "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 single-family detached dwellings on smaller lots will contribute to the variety of housing types and financial capabilities offuture residents available in the City. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City." (2.01.01G) This area is concentrated with single-family detached homes on a variety of lot sizes in the R-4 and R-8 zoning districts; there is no diversity in housing types in this area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices."(3.07.01A) No buffering or screening is proposed as residential is proposed next to residential land uses. The development proposes lot sizes that are 2,000+sf.smaller than abutting lots in the development process to the west in Teakwood Subdivision and about twice as small as those to the south in Tuscany Lakes Subdivision. To provide a better transition to abutting future lots to the west,Staff recommends one(1)lot is removed in the area between Lots 6-8 where portions of three(3)lots abut one(1)lot, and another one removed along the south boundary in the area between Lots M- 14. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed development should be compatible with abutting existing and future single-family residential uses if the applicant revises the plat as recommended above to minimize conflicts. Page 5 • "Support infill development that does not negatively impact the abutting,existing development. Infill projects in downtown should develop at higher densities,irrespective of existing development."(2.02.02C) The subject property is part of a larger infill area that has not yet redeveloped and is surrounded by City annexed land. The proposed residential development shouldn't have a negative impact on abutting existing development if a better transition in lot sizes and configuration is provided as recommended. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. The existing home that is proposed to remain on a lot in the proposed subdivision is required to connect to City water and sewer service. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.011)) The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the west side of the adjacent Eight Mile Lateral adjacent to the northern portion of the east boundary of this site.A micro path is proposed to the west in the common lot at the southwest corner of the site for connectivity with the adjacent development('Teakwood Subdivision). The Applicant should coordinate with the adjacent developer to provide a break in the fencing where the common areas adjoin to allow the connectivity between developments and a larger overall open space area to be enjoyed by residents of both developments. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities." (3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe." (2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 4.74 acres of land with an R-8 zoning district,which includes land to the center line of the adjacent Eight Mile Lateral owned by NMID.A legal description and exhibit map for the annexation area is included in Section VIILA. This property is within the City's Area of City Impact boundary. Page 6 There is an existing home and some accessory structures on the site;the existing home is proposed to remain on a lot in the proposed subdivision,the accessory structures will be removed. As a provision of annexation,the existing home should connect to City water and sewer service within 60 days of it becoming available and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to develop with 16 new single-family detached dwellings and retention of the existing home (see Section VIII). The proposed use and density of the development is consistent with the MDR FLUM designation as noted above in Section V. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2.Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. This property and the properties to the north and east are enclaves surrounded by City annexed land with existing and future single-family residential detached homes.As noted above in Section V,development of infill properties is supported provided it doesn't negatively impact the abutting,existing development. Because like uses(i.e. single-family detached residential)are proposed,the proposed development should be compatible with adjacent uses and shouldn't negatively impact them. Removing a lot along the west boundary and the south boundary as noted above in Section V should provide a better transition to abutting lots and not negatively impact them. Future development should be generally consistent with the development plans submitted with this application and should comply with the conditions included in Section IX. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 17 building lots and 2 common lots on 4.14 acres of land in the proposed R-8 zoning district(see Section VIILB). Proposed lots range in size from 4,245 square feet (s.f) (or 0.10-acre)to 6,799 s.f. (or 0.16-acre)with a 34,706 square foot(or 0.80-acre)lot where the existing home is proposed to remain. The subdivision is proposed to develop in one phase. Existing Structures/Site Improvements: There is an existing home and accessory structures on this site. The home is proposed to remain on a lot in the proposed subdivision;the accessory structures will be removed. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed plat appears to comply with the dimensional standards of the district although a curve table was not included on the plat to ensure compliance.Lot numbers in each block should be consecutive; revise accordingly. Access: Access is proposed via the extension of E.Richardson St.,a local street planned to stub to the west boundary of the site with development of Teakwood Subdivision. Emergency access is proposed via the driveway for the existing home at the east boundary of the site from Victory Rd. and to the no w thfough Let �_. Bollards are required to be placed across the emergency access driveway from Victory Rd.,30 feet from the right-of-way of Victory Rd.,to prohibit public access; bollards shall meet the Fire Dept. requirements as either knock over or two bollards with a heavy chain and knox padlock. Page 7 ACHD is requiring right-of-way(ROW )to be dedicated(but the street not constructed) for the future extension of Richardson St. from the east side of Tamayo Ct. to the east property line upon redevelopment of the property to the east. This unimproved area may be landscaped if desired through a license agreement with ACHD. A local street(Tamayo Ct.)is proposed off Richardson St. to the south terminating in a cul-de-sac.No other stub streets exist to this site that require extension and no other stub streets are required to be provided to adjacent properties. The proposed dead-end street/cul-de-sac complies with the standards listed in UDC 11-6C-3B.4. The access for the existing home via an easement from Victory Rd. shall terminate and sole access should be provided internally from Tamayo Ct.; emergency access only may be provided from this driveway.The address for the existing home is required to change since access will no longer be provided via Victory Rd. Common Driveways(UDC 11-6C-3D : All common driveways are required to be designed and constructed per the standards listed in UDC 11-6C-3D. Two(2)common driveways are proposed on the plat. All properties that abut a common driveway shall take access from the driveway; however,if an abutting property(i.e. Lot 12)has the required minimum street frontage,that property is not required to take access from the common driveway. In this situation,the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited,unless separated by a minimum five-foot wide landscaped buffer planted with shrubs,lawn or other vegetative groundcover. , 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. The easement may be depicted on the plat with a note including the required specifications or in a separate easement. If a separate easement is submitted, a copy of the recorded easement shall be submitted prior to City Engineer signature on the final plat. Landscaping(UDC 11-3B):No street buffers are required to be provided in this subdivision as only local streets are proposed,which don't require buffers per UDC Table 11-2A-6. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C, the landscape plan should be revised to include landscaping along the micro-path in the common lot at the southwest corner of the site and along the multi-use pathway along the northern portion of the east boundary of the site. Calculations should be included demonstrating compliance with these standards. Landscaping is proposed in common open space areas in accord with the standards listed in UDC 11-3G5B.3.Include calculations on the plan that demonstrate compliance. There are a lot of existing trees on this site,many of which are proposed to be preserved and protected as depicted on the landscape plan. Mitigation is required for trees being removed from the site per the standards listed in UDC 11-3B-10C.5 and should be depicted on the landscape plan. The landscape plan incorrectly depicts an irrigation easement over the common lot at the east boundary of the site; the plan should be revised to remove the easement. Common Open Space&Site Amenities(UDC 11-3G-3): Common open space and site amenities are required to be provided with development of properties of 5 acres or more in area per the standards listed in UDC 11-3G-3. This site consists of 4.11 acres of land;therefore,minimum open space&site amenity Page 8 standards do not apply.A total of 0.27-acre (or 7%)of common open space is proposed consisting of a 0.18-acre common area with a 30' x 40' tot lot along the west boundary of the site with a pathway that connects to common open in the abutting future development to the west(Teakwood subdivision)and another 0.08-acre common lot on the northeast portion of the site. Additional common open space (approximately 0.20-acre)will be provided with the provision of a common lot for the multi-use pathway along the east boundary of the site.Total common open space provided within the development will be approximately 0.55-acre(or 13.5%). Pathways: The Pathways Master Plan depicts a multi-use pathway along the eastern boundary of this site adjacent to the Eight Mile Lateral;the"working"version of the plan has been updated to depict the pathway crossing the lateral at the existing bridge and then continuing to the south on the east side of the lateral. The landscape plan should be revised to include a 10-foot wide multi-use pathway with a 5- foot wide strip on each side of the pathway,landscaped per the standards listed in UDC 11-3B- 12C,in the common lot along the east boundary of the site on the portion of the site north of the bridge; the common lot proposed to the south of the bridge is not needed and the area should be absorbed into adjacent building lots.The pathway should be constructed per the standards listed in UDC 11-3A-8.A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the pathway prior to signature on the final plat by the City Engineer. The Park's Dept. recommends the off-site bridge across the Eight Mile Lateral be widened or a separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use with NMID's consent. Sidewalks (11-3A-17): A 5-foot wide attached sidewalk is required along internal local streets as proposed. Sidewalks and curbing are not required along common driveways; remove from the plan. Waterways: The Eight Mile Lateral runs off-site along the eastern boundary of the site within property owned by Nampa-Meridian Irrigation District. Fencing: All fencing is required to be comply with the standards listed in UDC 11-3A-6C and 11-3A-7. A 6-foot tall closed vision fence is proposed along the perimeter boundary of the development and around common open space areas visible from the street.A 4-foot tall open vision fence is proposed adjacent to the multi-use pathway and canal along the east boundary of the site. A 6-foot tall open vision fence (wrought iron) should be installed between the pathway and the lateral for public safety in accord with the Park's Dept. comments in Section IX. A detail(s) of the proposed fencing should be included on a revised landscape plan submitted with the final plat application. The Applicant should coordinate with the adjacent developer of Teakwood Subdivision to the west to provide a break in the fencing where the common areas adjoin to allow the connectivity between developments and a larger overall open space area to be enjoyed by residents of both developments. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 3,Block 2 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards,specifications and ordinances.Design and construction shall Page 9 follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical report was submitted with this subdivision. Building Elevations: Six(6)conceptual building elevation photos were submitted that demonstrate what future homes in this development will look like (see Section MILE).A mix of single-story and 2- story homes are proposed with a mix of building materials,including stone veneer accents,and architectural elements. Future structures should be generally consistent with the proposed elevations. VIL DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement,and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on February 16,2023. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. SgMMM of Commission public hearing_ a. In favor: Todd Lake applicant's Representative) b. In opposition:None C. Commenting: Mary DeChambeau d. Written testimony: Delaine McLafferty—opposed the project due to traffic concerns 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. Transitional lots sizes on the west and south boundary. b. Continued use of the vehicular bridgepedestrian bridge. C. Relocating or eliminating one lot from taking access from the common driveway in the southeast corner of the development. 4. Commission change(s)to Staff recommendation: a. At Staff s request,include a provision in the DA as follows: "Construction traffic for the re-development of this property shall access the site via the future extension of Richardson Street; access via the existing easement from E. Victory Rd. is prohibited." b. At Staff s request,include a preliminaryplat condition of approval for the final plat to be amended consistent with the lot configurations depicted on the revised common driveway exhibit in Section VIILD." C. At the applicant's request,the Commission included a DA provison to limit the homes on the southern lots to single story only. d. Commission struck condition 2A removingthe he requirement to lose lots along the west and south boundary. e. Modified condition#10 -Coordinate with the Parks Department to determine if the existing bridge can be used for a pedestrian crossing_ 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on March 21.2023.At the public hearing_the Council moved to approve the subject AZ and PP requests. Page 10 1. Summary of the City Council public heann�: a. In favor: Todd Lakev,Applicant's Representative b. In opposition: None C. Commenting: Monty Moaner:Mary DeChambeau d. Written testimony: Monty Morner,Mary DeChambeau C. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Garrett White,Park's Dept.: Joe Bonworno Fire Dept. 2. Key issue(s)of public testimony: a. Historical issues between this property and the neighboring DeChambeau property in regard to Ada County's previous approval of an access easement/road through their property benefitting the subject property(i.e. irrigation, draina"e. access road, etc.): b. Traffic concerns related to the proposed development: the access easement that exists across the DeChambeau property that provides access to this property_ objecting to the existing home remaining on the property because it doesn't fit in with the surrounding neighborhood:request for the pathway along the northeast side of the development to be fenced off from the waterway&the property to the east:the height of the homes along the east boundary of the development don't fit with the rest of the neighborhood. and concerns pertaining to light impacts from the development on the property to the east- c. Fire Dept. testified they felt comfortable using the existing bridge for emergency access. 3. Key issue(s)of discussion by City Council: a. The pedestrian pathway and bridge required across the lateral- b. Possibility of using the other access easement that exists to the west approved with the Teakwood development for secondary access to this property rather than using the existing one across the DeChambeau property and vacate the one across the DeChambeau property. 4. City Council change(s)to Commission recommendation: a. The Council added a DA provision requiring all homes within the development to be fire sprinklered unless an access easement can be provided that allows for emergency access only to be provided across the DeChambeau property(see Section IX.A.IeI. b. At the recommendation of Staff Council added a DA provision at the recommendation of Staff requiring a"no trespassing" sin to be installed at the end of the multi-use pathway along the east boundary of the site that stubs to the DeChambeau property(see Section IX.A.10. Page 11 VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map -Revised ANNEXATION MILLWOOD SUB EXHBITA PROPERTY DESCRIPTION A parcel of land lying in the NW 1/4 of the NW 1/4 of Section 29,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, said parcel being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 Corner of said Section 29;thence N.89°49'00"W. along the North line of said Section 29 a distance of 1340.37 feet to a 5/8" iron pin; thence S.00*01'15"W.a distance of 629.36 feet more or less to a to a point lying on the Centerline of Eight Mile Lateral, said pin also being the POINT OF BEGINNING; Thence 5.00°01'15"W.a distance of 390.73 feet to a 5/8" iron pin; Thence N.73°02'00"W. a distance of 354.80 feet to a 5/8" iron pin; Thence N.00"01'30"W. a distance of 791.62 feet more or less to a point on the Centerline of Eight Mile Lateral; Thence along the Centerline of Eight Mile Lateral S.37°58'06"E.a distance of 281.07 feet to a point; Thence continuing along said centerline S.30`32'48"E. a distance of 328.43 feet to a point also being the POINT OF BEGINNING. Said parcel contains 4.74 acres, more or less, and is subject to all existing easements and rights-of-ways of record or implied. G 9� 15756 a ,�,�•t3.23�0 � �j OF `° QLO G J. HO* Page 12 EXHIBIT B ANNEXATION FOR MILLWOOD SUB. PORTION OF THE NW1/4 OF THE NW1/4, SECTION29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO CP&F NO. BASIS OF BEARINGS 2021-040321 WTORY ROAD 19 20 S69'49'WE 2630.69' 30 29 1000.47' 339.86' 1340.37' mi N 1/4 CDR r SECTION 29 CP&F NO. 2021-037427 O ry O z UNPLATTED S J, a\O �c� I 73.18'�`�9• � of 3 n A/ 0 N J�.1. e � \ UNPLATTED m TEAKWOOD 3 axo SUBDIVISION n rJ 0 0 z Y in i a 15758 0 Z—� / UF ��Q► N O R J. 573.Oz ` JSt g LEGEND TUSCANY LAKES SUB0INSION N0. 2 ANNEXATION BOUNDARY LINE SECTION UNE GRAPHIC SCALE — — PROPERTY LINE 75 0 37.5 75 150 300 FOUND ALUMINUM CAP ® FOUND 5/8-IRON PIN IN FUT 1 Inch- 130 50 ft. A CALCULATED POINT—NOT SET Wl017E OE.. BY: SNEEf: OF J.J. HOWARD II/I-/22 /�® �° 1 1 MILLWOOD SUB. uxf/ 1" 150' CLIS� 2 055030 ANNEXATION PROPERTY DESCRIPTION EXHIBIT eeo a eK s»<�/er.eer eoolo fey ewer Page 13 B. Preliminary Plat(dated: 2/10/23) m.n. Millwood Subdivision _ O =i9yamN®=i9ers e29,T..,N:P3Ndm , PuW Numbs SD2922W95 1913E P�c�ory 6oW,NeuAm,�D 83612 I DEVELOPMENT � I Ir s � I I 's. v Millwood •�. w— "�� OWNER Subdivision J,.I �I —� '� nw.v....A GINEER: Peb,avl l0.IDL= _r _R C-1 Page 14 C. Landscape Plan (dated: 12/1/2022) ev.r.r.�.wrmUIREMENTS — — ___ -r .-- '—",— ILANDSCAVE RAN AREA, � L t `I - I I� IT I �I\ ...'. .s.. L100 0\} WN SCA E REQUI MENTS — \ -------------------------1 I I y _ I _ I F Lr71—L�1 -u 01 I Page 15 ---- ---T-- ��_ —L-- ---� -- ---� LANDSCAPE REQUIREMENTS .e _ m -- O , i I I ( � I z _-v I I I I—, I I i i LI PUN-A 2 L------- ------------ ------ I L102 v�v STACK POCK +�iv waam.. m.rw rortv=w ��v.uzc +vwie.w.�w. .as+rew... m w,�..ammn:e,.—weir wM�—= w emm..u�.. w w m•_��� BMLB BURUPTREE PLANDNG SHRUB PUNDNGYUNIER6UN0 DETAIL �1 CONCRETE SIDEWADGS ADJ LANDINGI2' LAND SCAPE NOTES: +...m.c�..n.•�^^.^w^�<w `— = z o .•. —�—...,........�.� '� _ � � •®••,•_ �6'CLOSEDNSION FENCE •�••• —em ®e- _ ..�..<>...............�u...,. .�....a.r,.,..<.e ....<.<.. -...�.—_—...ur..� 660PENVI.90N FBiCE m— NOTES& DETAILS �L150 Page 16 D. Common Driveway Exhibit i+,r w„ a Mdlwaod i i � 4ti1� r;n1 EPIC e u' Millwood ✓f v�vvbrtscrnni TAec Snbd'vi EXII-1 Millwood Subdivision _ i 7�t LE EL -- EPIC w Ap.L DEVELOPMENT •� —I I � I I Subd'vis EXH-2 Note: If the common lot to the east of Lot 4,Block 2 is removed, a greater setback may be required if a wider easement is required along the subdivision boundary. Page 17 E. Conceptual Building Elevation Photos ONO _ '. ....� ...... ...... ...... �; Ila 1 Page 18 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property.Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,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 preliminary plat,landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home proposed to remain on a lot in the subdivision shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. c. Construction traffic for the re-development of this property shall access the site via the future extension of Richardson Street: access via the existing_ easement from E. Victory Rd. is prohibited. d. The homes constructed on Lots 4-8,Block 1 shall be restricted to singlery only. e. The Developer shall install fire sprinklers in all homes within the subdivision_including the existing home: or,with submittal of the final plat application_ submit written documentation that demonstrates the existing access easement via E.Victory Road across the DeChambeau property Parcel#S 1129120742)may be used for emer�encv access only for the development—in this case_ fire sprinklers are not required. f. The Developer shall install a"no trespassing" sign at the end of the multi-use pathway along the east boundary of the site that stubs to the DeChambeau property(parcel#S 1129120742). 2. The final plat shall include the following revisions: a. Remove a minimtim of one (1)lot a4eng the west betmdai:y in the area be�ween Lots 6 9 where adjaeent b. Right-of-way is required to be dedicated from the east side of Tamayo Ct.to the east property line to allow for future construction of a stub street(Richardson St.).No improvements are required in this area at this time,per the ACHD staff report(condition 92). c. Remove the sidewalks and curbing along common driveways. d. Include a curve table. e. Revise lot numbers in each block to be consecutive. f. Remove the common lot for the pathway along the eastern boundary of this site south of the existing bridge as the pathway is planned to cross the bridge and continue off-site to the south. This area can be absorbed by adjacent lots. g Amend the plat consistent with the lot configurations depicted on the revised common drivewaX exhibit in Section VIILD. Page 19 3. The landscape plan submitted with the final plat shall include the following revisions: a. Revise the lot configuration as required in conditions 42a and 42f above. b. Depict landscaping if desired in the right-of-way required to be dedicated for the future extension of Richardson St. from Tamayo Ct. to the east property line no improvements are required in this area). A license agreement will be required with ACHD for landscaping within this area per the ACHD staff report(condition 42). c. Depict a 10-foot wide multi-use pathway with a 5-foot wide strip on each side of the pathway in the common lot along the northern portion of the east boundary of the site (north of the existing bridge across the Eight Mile Lateral adjacent to Lots 1-3,Block 1 and Lot 3,Block 2),in accord with the"working"version of the Pathways Master Plan,landscaped per the standards listed in UDC 11-3B-12C. d. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5. e. Include calculations that demonstrate compliance with the common open space standards listed in UDC 11-3G-5B.3 and the pathway standards listed in UDC 11-3B-12C. f. Include a detail for each of the proposed fencing types and for the children's play equipment proposed for the tot lot. g. Remove the perimeter fencing along the west boundary of the common lot at the southwest corner of the development where it adjoins common area in Teakwood Subdivision if the Applicant is able to coordinate with the adjacent developer to arrange no fencing on that development in the same area. h. I the easement for the access road across the DeChambeau property(parcel#S 11291207421 is determined eligible to be used for emergency access only and consent from the property owner is obtained_Ddepict bollards across the emergency access driveway 30 feet from the right-of- way of Victory Rd. to prohibit public access;bollards shall meet the Fire Dept. requirements as either knock over or two bollards with a heavy chain and knox padlock. i. Remove the irrigation easement depicted over the common lot along the east boundary of the site as there is no easement over that area. 1 Depict a 6-foot tall open vision fence (wrought iron) fence between the pathway and the lateral for public safety in accord with the Park's Dept. comments in Section IX.E. 4. The Applicant should coordinate with the adjacent developer of Teakwood Subdivision to the west to provide a break in the fencing where the common areas adjoin to allow the connectivity between developments and a larger overall open space area to be enjoyed by residents of both developments. 5. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 6. The address for the existing home is required to change since access will no longer be provided from E.Victory Rd. The Applicant should coordinate the new address with the Land Development Dept. (trickskmeridiancioy org). 7. Access for the existing home shall be provided solely from internal local streets;the existing driveway via E.Victory Rd. shall be used solely for emergency access. 8. Submit a 14-foot wide public pedestrian easement for the multi-use pathway required along the northern portion of the east boundary of the site prior to City Engineer signature on the final plat. Page 20 9. All common driveways shall be designed and constructed per the standards listed in UDC 11-6C-3D and shall be consistent with the exhibit in Section VIILD. Stibmit., detail f r eaeh Of the eOMMO dFiveways with the final plat applieation that depiets the sethaeks, feneing,biiilding efwelepe eeffiply with these standards-. 10. The applicant shall coordinate with the Parks Department to determine if the existing bridge can be used as a pedestrian crossing The bridge across the Eight Mile Lateral shall be widened or a separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use pathway as required by the Park's Dept.with the NMID's consent. 11.Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period in accord with subsections(A)and(B) of UDC 11-6B-7,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 this title. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 As per the Pre-con notes,applicant to provide water main to property boundary along this southeast portion(need to provide to-and-through to 2015 E VICTORY RD). 1.2 Water mains are not allowed in common driveways. 1.3 Mains require 20'easement with no permanent structures which includes trees. 1.4 Provide hydrant or 4"blow-off at eastern property boundary. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I 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 Page 21 NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-313. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 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. Page 22 2.17 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. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 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.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 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. C. FIRE DEPARTMENT https://weblink.meridiancity.orglWebLinkIDocView.aspx?id 286468&dbid O&repo MeridianCity&cr 1 D. POLICE DEPARTMENT No comments were submitted. E. PARK'S DEPARTMENT-REVISED hyps://weblink.meridiancity.org/WebLink/DocView.aspx?id 289312&dbid 0&repo MeridianQU F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id 287221&dbid O&repo MeridianCity Page 23 G. WEST ADA SCHOOL DISTRICT(WASD) No comments were submitted. H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.org/WebLinkIDocView.aspx?id 287891&dbid O&repo MeridianCiU&cr 1 I. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocView.aspxTid 287900&dbid 0&repo Meridian City J. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancioy oEgi ebLinkIDocView.aspxTid 288769&dbid O&repo MeridianCiU K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspxTid=288769&dbid 0&repo Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 4.14 units per acre is consistent with the density desired in the MDR designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 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 City services are available to be provided to this development. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. Page 24 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005,eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008,eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the plat is in conformance with scheduled public improvements for this area in accord with the City s CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 25 E IDIAN --- AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Sagarra (H-2022-0027) by Accomplice, located on the south side of W. Orchard Park Dr., west of N. Fox Run Way and east of N. Linder Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW C�fIENt AND DECISION&ORDER In the Matter of the Request for Preliminary plat Consisting of 113 Building Lots and 19 Common Lots(Including 3 Private Street Lots) on 17.49 Acres in the R-8 and C-C Zoning Districts for Sagarra Subdivision; and a Planned Unit Development(PUD)for a Residential Community Containing a Mix of Single-family Detached(32 Units), Single-family Attached(40 Units), Townhome(38 Units) and Multi-family(29 Units)Units with a Reduction to the Minimum Setback and Lot Size Standards for the R-8 Zoning District Listed in UDC Table 11-2A-6,by Accomplice. Case No(s). H-2022-0027 For the City Council Hearing Dates of: February 14 and March 21,2023 (Findings on April 4, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 21,2023,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 21, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 21,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 21,2023,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 (LC. §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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SAGARRA PUD PP H-2022-0027 -1- Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 21,2023,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 planned unit development and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 21,2023, 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/Planned Unit Development Please take notice that the conditional use permit/planned unit development,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/planned unit developments that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SAGARRA PUD PP H-2022-0027 -2- Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.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 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 I I(UDC 11-513-61F). E. Judicial Review Pursuant to Idaho Code § 67-6521(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 March 21, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SAGARRA PUD PP H-2022-0027 -3- By action of the City Council at its regular meeting held on the 4th day of April 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-4-2023 Attest: Chris Johnson 4-4-2023 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 4-4-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SAGARRA PUD PP H-2022-0027 -4- EXHIBIT A STAFF REPORT E IDIAN--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING March 21,2023 Legend o o DATE: Continued from:February 14, 2023 DProject Location 0 TO: Mayor&City Council i 1 FROM: Sonya Allen,Associate Planner 208-884-5533 ---- SUBJECT: H-2022-0027 10 Sagarra—PUD, PP (aka Linder Village) LOCATION: South side of W. Orchard Park Dr.,west of N.Fox Run Way,east of N. Linder Rd. in the NW 1/4 and NE 1/4 of Section 25,TAN.,R.1W. (Parcels #R5262501800 R5262502100& ��//�. #R6905540100) Update:Since the last hearing on February 14`" the Applicant submitted revised plans (i.e.preliminary plat, landscape plan, open space exhibit, site amenity plan,parking diagram, setback diagram and concept elevations for the single-family residential units), included in Section VII, to address items of discussion at the hearing. Changes to the plans include the following: two (2) common lots have been added; nine(9)multi family units have been removed and two (2)single-family attached units have been added for an overall reduction of seven (7)units resulting in a decrease in density from 8.35 to 7.95 units/acre; removal of on-street parking where the road curves; and updated elevations for the single-family homes that represent a better architectural quality. The reduction of units increased the qualified open space by 0.11-acre. With the reduction of 7 units and reconfiguration of parking, a total of 25 extra off-street vehicle parking spaces are proposed; and with the removal of on-street spaces on the curves, a total of 76 on-street spaces are available. The setback diagram depicts the portions of buildings that are nearest the property line where reductions to setbacks are requested through the PUD application and the standard R-8 setbacks required by the UDC. Overall, the proposed project exceeds the minimum parking, open space& amenity standards and is consistent with the density desired in the MDR &MU-C FL UM designations and with the minimum density required in the DA of 6 units/acre. In summary, Staff is supportive of the proposed changes to the plan and overall PUD as we believe it provides an opportunity for exemplary site development that allows for innovative design that meets the purpose and findings required for a PUD.Note: The exhibits in Section VII have been updated to include the revisedplans but the body of the staff report has not been updated. L PROJECT DESCRIPTION Preliminary plat(PP)consisting of 114 building lots and 16 common lots(including 3 private street lots)on 17.49 acres in the R-8 and C-C zoning districts; and a Planned Unit Development(PUD) for a residential Pagel community containing a mix of single-family detached, single-family attached,townhome and multi-family units with a reduction to the setback requirements in UDC Table 11-2A-6. IL SUMMARY OF REPORT A. Project Summary Description Details Acreage 17.49-acres Existing Zoning R-8(Medium-Density Residential)&C-C(Community Business) Future Land Use Designation Mixed Use—Community(MU-C)&Medium Density Residential(MDR) Existing Land Use(s) Vacant/undeveloped land Proposed Land Use(s) Single-family residential(attached&detached units)(SFR)&multi- family residential(MFR) Lots(#and type;bldg./common) 114 buildable lots& 16 common lots(including 3 private street lots) Phasing Plan(#of phases) 2 phases Number of Residential Units(type 146 units(32 SFR detached units,38 SFR attached,38 townhomes&38 of units) MFR units) Density(gross/net) 8.35(gross)/16.30(net) Common Open Space(acres/%) 4.34 acres(24.8%) Site Amenities 12'wide multi-use pathway along the south&east boundaries of the site, a swimming pool with changing rooms&restrooms,tool library/community workshop,dog washing stations,outdoor activity complex,fire pits,BBQ area with tables and shade structures Physical Features(waterways, The North Slough crosses this property. hazards,flood plain,hillside) Neighborhood meeting date 1/27/22 History(previous approvals) H-2017-0088(AZ,PP,VAR)(Development Agreement Inst.#2019- 02837 ;H-2021-0034(MDA,Inst.#2021-102392);FP-2020-0004 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was prepared by Kittleson&Associates,Inc. in (yes/no) 2017. Access Access is proposed via the extension of existing local streets,which connect to (Arterial/Collectors/State W.Orchard Park Dr.,a collector street;private streets are planned for internal Hwy/Local)(Existing and access to some of the units. Proposed) Page 2 Description Details Traffic Level of Service Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Chindeenn Boulevard" 0-feet Expressway 1,406 N/A o Linder Road 0-feet Principal 924 Better than"E" Arterial Fox Run Way 0-feet Collector 105 Better than"D" Orchard Park Drive 1,935-feet Collector N/A Better than"D" **Arliss Ave 50-feet Local N/A N/A **Bergman Ave 960-feet Local N/A N/A **Director Street 52-feet Local 65 N/A Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH). Acceptable level of service for a two-lane collector is"D"(425 VPH). **ACHD does not set level of service thresholds for State Highways or Local Roadways. Stub N.Arliss Ave.,W.Director St.and N.Bergman Ave.,existing local streets,stub Street/Interconnectivity/Cros to this site from the south and east and will be extended with development. s Access Existing Road Network W.Orchard Park Dr.,a collector street,exists between N.Linder Rd.,an arterial street,and N.Fox Run Way,a collector street. Existing Arterial Sidewalks/ There are no arterial streets that abut this site. Buffers Proposed Road Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): Improvements • Linder Road is scheduled in the IFYWP to be widened to 5-lanes and enhanced with pedestrian and bicycle improvements from Chinden Boulevard to State Street in the future. • Linder Road is scheduled in the CIP to be widened to 7-lanes from Chinden Boulevard to State Street between 2026 to 2030. • Linder Road is scheduled in the IFYWP to receive three bridge replacements over the Boise River,Eureka Canal,and the Phillis Canal in the future. • Fox Run Way is scheduled in the IFYWP to receive bicycle corridor improvements from Pine Ave to Temple Drive in the future. • Cayuse Creek Drive is scheduled in the IFYWP to receive bikeway signage in 2026. West Ada School District No comments were received from WASD • Distance(elem,ms,Its) • Capacity of Schools • #of Students Enrolled • Predicted#of students generated from proposed development Police Service • Distance to Police 5.6 miles Station • Police Response Time 4:37 minutes in an emergency(meets the goal of 3-5 minutes) • Calls for Service 2,465 within a mile of the site between 5/l/20 and 4/30/22 • Accessibility If climate controlled hallways are proposed in multi-family structures,PD requests further discussions with developer on plans for emergency police access. • Specialty/resource needs None—MPD can service this development&already serves this area. • Crimes 330 within a mile of the site between 5/l/20 and 4/30/22 Page 3 Description Details • Crashes 128 within a mile of the site between 5/l/20 and 5/30/22 • Other For more info,see Section VIILD Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/concerns Water • Distance to Water Services • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns Page 4 II 1 �. � 'Iiiiiii_ ,'1,,: __ •. :s ,«< _ um� ,���.•� a uunuw_ � ——`- - ���i■■���■I�IIIIIIn11�,■�� 1i-►yt ...4 ..... _ - _ CHIN DEN— — C I:: DEN ♦O►i��111 ��==='rnln uuuu - t7T-'`V • p♦♦�•• �` �=== =--'•♦nr lure � 'r--i: pI.M -- uuuu';1 Z -----------•---.. .��■- �-�i ail - - - IUIIu111 . n1OOIn nano Iu��♦\�j�11j1�Iff1■■�■ J �Uuu111■ J -onunum I Ip ► �■ J ggJJi- '... - it •111■u■O • - IIIIIn■ - • D - -^- �� b ►umu m ° !lNl11111 � � ram♦ - p • • p II��JJJJI/ - y,� 1` !•lUII !�pn1 �•�111111111�:3� p p p�♦•♦��QJ�1�IJ1 - .,.:� '� }:r ■nu ,♦11111111111� WH�i♦♦♦i♦♦♦♦i�♦�♦♦i�♦�♦�♦�♦♦�•�frlf•1: Tj �•iiiu► a �}�, •p��0��%����♦♦,,i♦�,,,,�,.; =�-_ �t,j E. - �,. � ' �x nII■\.�I __ �i♦1♦I♦I ,�i ripipiirOj-___ - II � ■I :� \IIIIIIII II-- 1I • \IIIIIII■ 111>/�,�;,���IIIIIa���♦ IIr1/�•���,17��Ii1�1�a\�•��,p„ 1 � r �� ilI/111111 ,■•__� �� IIp lHIIII ■- _ UIIIIIIIi�, ,'•■�- • -• •• �� -IIIIIIIIIr�,•■,1• • ■ �` IIIIIIII� ■�� •illll 11 �� ,�� 1 °_11111111111_ ■ _ �� e_IIIIIIIIIII_ ■ _ PIIIIIIIIIIIa\ �. „� ■ ■���■IIIIIITIIIII�� ■��NOR CHINHill .I����i�� ■ ,� .I�■■`r�I���:� _i�uu �11111i11111 {/III\.�■�+� i��� -i�+IIf-- � 11 jj11f�I�Z7� ../\■it■■w Ilnuu i1•�Z�� .��\■ �n�•♦i 11�i�� unuuu ~���miunn�uinm a•��♦\•j�1 Iuunml:' ��onnnm ounu u•♦♦ • • ♦1 J U! • J ■ =onlunnll unnn rep►♦♦ ♦ 1-1� ♦ J ♦ fJJ qumo■■- p IIIUnm_nJ �♦ •Ioumnp-+� � p nnun11111 uJ11p■qp►_♦♦, ���i� fJ•Inure uuC �� - p111u1{a� ♦♦♦♦ OII ►Jlip-plllllnu■_gylllll I, %♦�i �i ►umu rev = _��—� !! J/ -� �: ♦ ♦ ' ♦♦♦♦♦♦♦♦� qj lRnnunm=�Ili _D��=I�♦ ••Io/Ji p♦♦♦♦♦i :! llunnnu■- ����_•�•�♦ ♦.♦♦♦♦♦1♦1♦1i��JII 1/II /unulul C Iu1 % I �:: ♦i♦♦i'♦i♦i♦i♦ !�!s rJL ninnuo■�� ♦ �fllllllll'��=.ii♦♦�i♦♦•♦ ♦ � �I/Nn�wm►♦ fllllllll� r♦.i.�♦�..0��.♦�h� ��1/111111111►i�i♦ ♦ ♦i�♦ice♦i'♦♦•♦�i♦i\1 1•�a -- �IIIIIIIIIII�i ♦ ♦ ♦ ♦. , ♦i♦i• � �� UIUI 11►i � ♦♦♦♦ ♦♦p0.♦♦♦♦.♦♦♦�fa{•f. •��■ ►� ♦i♦♦i'ii ♦ii'♦♦'ii♦i♦i♦i ♦iiiiii,�n •►�.�%4♦♦♦i♦♦♦•♦♦�i�♦♦i�•j♦i���=♦•nIn►��� ,♦,♦♦G,♦ipQ♦♦ ,'♦♦♦♦♦%♦���7-_� ■uw uE cl ��♦ii�♦i�♦♦♦ ♦ii♦♦p,---�■Ina■_f �� 'ii�♦.♦i♦ ♦♦���,�_e Iiiiiii Kcal = ,♦♦����♦,,�i� q'''0�•. c= Ilogin : Ij l �',,��i,,��. •''•;"''�q,'''i ' 11 ' 11 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 11/16/2022 1/29/2023 newspaper Notification mailed to property owners within 300 feet 11/10/2022 1/26/2023 Applicant posted public hearing 11/2/2022 1/19/2023 notice on site Nextdoor posting 11/10/2022 1/30/2023 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates the majority of this site as Medium Density Residential(MDR)with some Mixed Use—Community(MU-C)on the west end. The MDR 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 purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential,and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional(MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3C. Transportation: ACHD's Master Street Map doesn't depict any collector streets planned across this site. Valley Connect 2.0 identifies a future express bus route on Chinden Blvd. and secondary bus route on Linder Rd. The higher density is supportive of future transit service. A Traffic Impact Study(TIS)was prepared by Kittleson&Associates,Inc. in 2017. Proposed Development: The Applicant proposes to develop the site with a mix of residential uses consisting of single-family detached and attached homes,townhomes,and multi-family apartments/condos at a gross density of 8.35 units per acre consistent with the density desired in MDR and MU-C designated areas and in the development agreement. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land."(3.07.00) The proposed residential development should be compatible with existing adjacent residential uses. The proposed site design, which provides a transition in density and single-family detached homes with a 35 foot wide linear common area between the proposed development and the existing development with single-family detached homes, should minimize conflicts. Page 6 • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop,dine,play, and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability." (3.06.0213) The proposed development will provide housing in close proximity to the MU-C designated area to the north where a mix of uses are planned, which will reduce vehicle trips and enhance overall livability and sustainability. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments." (3.07.02A) The proposed site plan depicts a linear common area with a pedestrian pathway along the south and east perimeter boundaries of the site, which will connect with pedestrian facilities to the north in the mixed-use development. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police and Fire Dept. fall within established response time goals. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) Safe pathway connections should be provided from the proposed development to the mixed-use development to the north. Usable open space and quality amenities are proposed. • "Encourage the development of high quality,dense residential and mixed-use areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks,and along major transportation corridors,as shown on the Future Land Use Map." (2.02.01E) The proposed residential development is located in close proximity to employment, shopping, restaurant and civic uses to the north and near US 20-26/Chinden Blvd., a major transportation corridor. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities." (3.03.03G) Urban infrastructure as noted is required to be provided with development in accord with UDC standards. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above and with the existing development agreement for this site. Page 7 V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDC) A. Preliminary Plat: The proposed preliminary plat is a re-subdivision of Lot 2,Block 2 and Lot 1,Block 3,Linder Village Subdivision and Lot 1,Block 2,Paramount Point Subdivision. The plat consists of 114 building lots and 16 common lots(including 3 lots for private streets)on 17.49 acres of land in the R-8 and C-C zoning districts. Note:ACHD has provided written consent for the right-of-way for N. Bergman Ave. to be included in the proposed plat. The Applicant proposes to develop the project in two (2)phases with the western portion of the site first, followed by the eastern portion of the site,as shown on the phasing plan in Section VILA. Existing Structures/Site Improvements: There is an existing street buffer along W. Orchard Park Dr. on this site consisting of an 8-foot wide parkway and 5-foot wide detached sidewalk with grass on the back side of the sidewalk; street trees are provided within the buffer. The C-C zoned lot(Lot 8,Block 4)was fully landscaped with Paramount Point Subdivision(SHP-2020-0082),the commercial development to the north.North Bergman Ave. has been extended through this site. There are no existing structures on the site.Note: The Applicant's narrative incorrectly states a 10 foot wide multi-use pathway exists along W. Orchard Park Dr. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 district. A reduction to the setback requirements in UDC Table 11-2A-6 is requested with the PUD request(see below). The final plat should graphically depict zero(0)lot lines on internal lot lines where single-family attached and townhome structures are proposed(i.e.where structures will span across lot lines). Subdivision Design and Improvement Standards (UDC 11-6C-3 Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3 unless otherwise modified through the proposed PUD. Access (UDC 11-3A-3 : Access is proposed via the extension of two existing local public streets,N. Arliss Ave. and W. Director St., and N. Bergman Ave. Two(2)local public street accesses(i.e.N. Bergman Ave. and N. Arctic Fox Way) are proposed via W. Orchard Park,a collector street. Private streets are planned for internal access off the public streets; an application for such will be submitted with the final plat application. All private streets shall comply with the standards listed in UDC 11-3F-4. The Applicant should work with ACHD and the Fire Dept. on traffic calming measures to slow traffic on Bergman Ave. and W.Bacall St. as noted in the Development Agreement.Details of such should be included with and depicted on the final plat. Pathways(UDC 11-3A-8 : The Pathways Master Plan doesn't depict any pathways across this site. A 12-foot wide asphalt access road/pathway is proposed within the linear common area along the south and east boundaries of the site in accord with the development agreement. Several micro-paths are proposed for internal connectivity and access to the sidewalk along Orchard Park Dr. and to the pathway along the south and east boundaries of the site; micro-paths on private building lots should be depicted in public use easements on the plat.Internal pedestrian pathways are also proposed within the multi-family portion of the development. The Applicant plans to propose two(2)crossings across Orchard Park Dr. for connectivity between the proposed residential development and the mixed-use development to the north with one or both being Page 8 smartwalks. The first is proposed just south of the library and the second just west of Bergman with the intention of connecting the residential development to a pathway to the east of The Barn and to the west of the live/work units to create an animated north/south pathway bringing life to the live/work units as well as a connection to the promenade connecting The Collection Library plaza,north promenade of The Barn and continuing through the east 13.7 acre proposed mixed use site (see pedestrian connectivity exhibit in Section VILG). The Applicant should work with ACHD on the location and design of these crossings. Sidewalks (UDC 11-3A-1 : A detached 5-foot wide sidewalk exists along W. Orchard Park Dr.,a collector street,along the northern boundary of the site.Attached sidewalks are proposed along local streets. Landscaping(UDC 11-3B A street buffer exists along W. Orchard Park Dr.,a collector street,that includes an 8-foot wide parkway, detached 5-foot wide sidewalk and landscaping on the back side of the sidewalk with street trees. Enhanced landscaping should be provided within the buffer in accord with the updated standards listed in UDC 11-3B-7C and additional area added if needed to provide a minimum 20-foot wide buffer. Street buffers are required to be maintained by the property owner or business owners' association. Landscaping is required to be installed along all pathways in accord with the standards listed in UDC I I- 3B-12C. Landscaping is required in common open space areas in accord with the updated standards listed in UDC 11-3G-5B.3,which requires a minimum of one deciduous shade tree for every 5,000 square feet of area with a variety of trees, shrubs,lawn or other vegetative groundcover. The Landscape Requirements table on the landscape plan and the Site Amenity Plan should be updated to reflect compliance with the updated standard. There are no existing trees on the site to be removed or that require mitigation. Common Open Space(UDC 11-3G-3B : A minimum of 15%qualified open space is required in the R-8 district to be provided within the development per UDC Table 11-3G-3 that meets the quality standards listed in UDC 11-3G-3A.2.Based on 16.79 acres,which excludes the 0.70-acre C-C zoned common lot(Lot 8,Block 4),a minimum of 2.52- acres of qualified open space is required. A total of 4.34 acres of open space is depicted on the open space exhibit included in Section VILC; however, some of these areas (lots-blocks)do not qualify toward the minimum standards as follows: • 1-1, 1-3 and 2-4(multi-use pathways 11-3G-3B.3b): The referenced code section pertains to buffers along collector and arterial streets—these common area lots are along the south&east perimeter boundaries and are not street buffers. The correct code section is 11-3G-3B.Ic (linear open space), which requires the area to be landscaped per the standards in UDC 11-3B in order to qualify.No trees are allowed within this area due to the irrigation easement that encompasses the area. In order for this area to qualify,an additional 5-feet would need to be provided outside of the easement area for trees and shrubs would also need to be provided in accord with the standards listed in UDC 11-3B-12C. This isn't feasible due to an IPCO easement that runs alongside the irrigation easement,which also presumably doesn't allow trees. This area cannot be counted unless otherwise approved through alternative compliance. • 9-1, 39-5,26-2,28-2, 10-5, 11-5, 18-5 and 19-5 (micro-pathway&landscaping): 26-2 doesn't have a minimum width of 20-feet,therefore,it doesn't qualify; 10-5, 11-5,28-2, 18-5 and 19-5 are all private building lots,which don't qualify—the pathways should be placed in public pedestrian easements and should be a minimum width of 20-feet in order to qualify. (only 0.071-acre qualifies: 9-1 &39-5) • 1-2,2-5 and 1-4(landscape buffer along collector road): the collector street buffer can only be counted if it meets all of the enhanced buffer requirements listed in UDC 11-3G-3B.3; otherwise it Page 9 does not qualify. A 5-foot wide detached sidewalk was constructed in the buffer—unless this is replaced with a 10-foot wide pathway and enhanced landscaping and amenities are provided per the aforementioned standards,this area cannot be counted. • 8-4 (landscape common lot greater than 50' x 100' in area): This area is not integrated into the development,therefore,it doesn't qualify. • 7-2 (micro-path connection): this 0.04-acre area qualifies. • 3-5 (parking): the parking area does not qualify but the tool share/bike station/dog wash does qualify. • 24-5 (clubhouse/pool/grass play area/parking): this 0.48-acre area qualifies. The common open space exhibit is not approved as submitted and should be revised to comply with the common open space standards prior to the City Council hearing; or an application for alternative compliance to these standards may be submitted if the proposed design includes innovative design features based on"new urbanism", "neotraditional design", or other architectural and/or site designs that promote walkable and mixed use neighborhoods(see UDC 11-5B-5 for more information). Site Amenities(UDC 11-3G- A minimum of three (3)points of site amenities are required based on 17.49-acres of development area from the Site Amenities and Point Value Table 11-3G-4. A linear open space area is proposed along the south and east boundaries of the site with a 2,309-foot long multi-use pathway(4 points),which meets the minimum standards. Other site amenities are proposed within the multi family development(see analysis in Section V.B below). Storm Drainage(UDC 11-3A-18 An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical En in�gRReport for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-I I C. Pressure Irrigation(UDC 11-3A-1 : Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the Settler's Irrigation District boundary. Utilities(UDC 11-3A-21 Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights shall be installed in accord with the City's adopted standards, specifications and ordinances/ Waterways(UDC 11-3A- : The North Slough crosses this site and was relocated and piped along the south and east boundaries of the site;the easement for such is depicted on the plat. All waterways on this site shall be piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. This project is not within the floodplain. Fencing(UDC 11-3A-6 and 11-3A- All fencing is required to comply with the standards listed in UDC 11-3A-7. There is an existing wood fence around the perimeter of the development that is proposed to remain; this fence should be protected during construction. B. Planned Unit Development(PUD): A Planned Unit Development(PUD)is proposed for a residential community consisting of a total of 146 dwelling units on 17.5 acres of land in the R-8 zoning district. Page 10 A request for a reduction to the setback requirements for the R-8 zoning district in UDC Table 11-2A-6 is included with the PUD application(see table below and full exhibit in Section VII.E). Dimensions listed as minimum;however,the typical dimension will be greater. Deviations to the setbacks may be approved with the exception that along the periphery of the development,the applicable setbacks as established by the district shall not be reduced per UDC 11-7-4A.1.Because common lots are proposed around the periphery of the development, deviations from setbacks are allowed for adjacent building lots. SETBACK INFORMATION(P-67FUD REQUEST) F ROHT GARAGE SIDE STREET SIDE REAR DLAGRAM COLOR UNIT TYPE PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED NOTES: RIBBON TOWNHOMES T MIN 0'MIN 5 .1 O'MIN O'IS TO BACK OF CCMMON LOT WHICH IS 20'FROM BACK OF CURB TWO PACK TOWNHOMES 10' O MIN 6' IT MIN O'MIN STREET SIDE SETOACK FROM PARALLEL POATKI OF STREET IS TYPICALLY>10' - MIDDLE THREE TOWNHOMES B'V A MIN NIA -0'MIN A'MIN _ BOULDFR FLAT*- aY"MIN NIA 6'MIN IV 6'MIN _ COURTYAROIIEADWATER CONDOS- 2' NIA 6' r TO' THERE ARE 5 GARAGE SPACES AT THE HFAOWATEA CONDO LOCATION W/S'SETBACK - SINGLE FAMILY UNITS 10' 20, 5 '0' 10' The uses within the PUD are proposed to be interconnected through a system of local and private streets and pedestrian pathways as desired in UDC 11-7-4A.3 (see preliminary plat in Section VILA and pedestrian connectivity exhibit in Section VILG). Buildings are clustered to consolidate small open spaces into larger,more usable areas for common use and enjoyment in accord with UDC 11-7-4A.4. Private Open Space(UDC 11-7-4B : In addition to the common open space and site amenity standards in UDC 11-3G-3, a minimum of eighty(80) square feet of private,usable open space shall be provided for each residential unit.This requirement can be satisfied through porches,patios,decks,and enclosed yards. Landscaping,entryway and other accessways do not count toward this requirement. Residential Use Standards (UDC 11-7-4 : Typically,the UDC does not allow multi-family developments in the R-8 zoning district;however,multi-family dwellings may be allowed in the R-8 district when included in a PUD per UDC Table 11-2A-2,note 92 and UDC 11-74C.1.Single-family detached/attached and townhomes are listed as principal permitted uses in the R-8 district. A variety of housing types are proposed,including single-family detached(32 units),single-family attached (38 units),townhome (38 units)and multi-family(38 units)units. The gross density of the proposed development is 8.35 units per acre;the net density is 16.3 units per acre. A density bonus is not requested or approved; dedication of land for public use is not proposed. If some of the multi-family units are proposed to be condominiumized,a short plat shall be submitted where all buildings are constructed or have received building permits for construction as set forth in UDC 11-6B-5 Specific Use Standards (UDC 11-4-3-27): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties.Lesser setbacks are proposed with the PUD(see Section VII.E for more information). 2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street,or shall be fully Page 11 screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks,and/or enclosed yards. Landscaping,entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-513-5 of this title. Compliance with this standard is required. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space.Some of the parking areas in the multi family development were included in the common open space calculations and should be removed from the calculations and not be counted. 5. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3G6 shown below. r*qffiree >7,.m e 4 ''e >a ;,g exhibit;; C0-P40 m Tr"VL;Q use And Form Number of Bedrooms(Per Unit) Required Parking Spaces Dwelling.duplex and dwelling,single-family(detached,attached,townhouse) 1/2 2 per dwelling unit at least 1 in an enclosed garage,other space may be enclosed or a minimum 10-foot by 20-foot parking pad 2 /4 4 per dwelling unit at least 2 in an enclosed garage.other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad per dwelling unit at least 3 in an enclosed garage,other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad Studio 1 per dwelling unit Dwelling multifamily 3(triplex,fourplex,apartments,etc.) 1 1.5 per dwelling unit;at least 1 in a covered carport or garage /3 2 per dwelling unit at least 1 in a covered carport or garage per dwelling unit at least 2 in a covered carport or garage uest spaces 11 per 10 dwelling units Notes: r The size ofthe garage or carport required for dwelling units shall be measured by exterior dimensions and shall be at least ten It 0)feet by twenty(20)feet for a one-space garage or carport and 20 feet by 20 feet for a two-space garage or carport. 2 The parking pad shall be measured from edge of sidewalk or edge of payed travel lane(public street private street.or alley)where no sidewalk exists.For alley accessed properties the parking pad is not required In front of the garage if the garage is located at the Flue-foot setback to the rear property line.the required parking pad must be provided along the side of the garage unless equivalent off-street parking as determined by the Director,Is provided In accord with Section 11-3C-5 Table 11-3C-5 of this Article. 3 For condominium projects,the required number of parking spaces shall be determined by the Director based on the proposed development.if the proposed development is similar to a single-family development such standards shall apply.if the proposed development is similar to multifamily apartment complex,such standards shal I apply. x The required number of parking spaces for the residential portion of a vertically integrated project shall be in addition to that required for nonresidential uses as listed in subsection B of this section. The proposed off-street parking complies with and exceeds the minimum standards by 16 spaces; an additional 122 on-street parking spaces are also available (see Section V11Y). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site amenity plan included in Section VUD does not depict these items;a revised plan should be submitted with the Certificate of Zoning Compliance application that includes these items. Page 12 Common Open Space Design Requirements (UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed 10%of the gross land area for multi-family developments of 5 acres of more. The proposed development is exempt from this standard because a single-family development is concurrently proposed, which requires compliance with the minimum open space standards in UDC 11-3G-3 (see above analysis in Section VA). Common open space areas are also required to comply with the standards listed in UDC 11-4-3- 27C.2,which state that open space areas must be integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. These areas should have direct pedestrian access,be highly visible,comply with CPTED standards and support a range of leisure and play activities and uses—irregular shaped,disconnected or isolated open spaces do not meet the standard. Open space areas should be accessible and well connected throughout the development(i.e. centrally located,accessible by pathway and visually accessible along collector streets or as a terminal view from a street). Open space areas should promote the health and well- being of its residents and support active and passive uses for recreation, social gathering and relaxation to serve the development. The proposed common open space meets these standards. All multi-family projects over 20 units are required to provide at least one (1)common grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for general activities by all ages,which may be included in the minimum required open space. The area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. The Applicant proposes one (1) common open space area (Lot 8, Block 4) at the northeast corner of the development consisting of 30,384 sf that meets the size requirement but is not integrated into the site design.Although the area is included in the proposed plat, it was developed with and appears to be part of the adjacent commercial development(Paramount Point subdivision). Therefore,Staff recommends a minimum 5,000 square foot common area is proposed that complies with this standard In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.All multi family units contain more than 500 square feet(sf.) of living area. b. Two hundred fifty(250)square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.A total of 38 units contain between 500 and 1,200 sf. of living area; therefore, a minimum of 9,500 sf. (or 0.22-acre) of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None of the units contain more than 1,200 sf. of living area. At a minimum, a total of 9,500 sf. (or 0.22-acre)of qualified outdoor common open space is required to be provided per this standard. This is in addition to the requirements in UDC 11-3G- 3C. Overall, a minimum of 2.74-acres of qualified open space is required that complies with the standards in UDC 11-3G-3B and 11-4-3-27C.A total of 4.34-acres of qualified open space is depicted on the qualified open space exhibit;however, some of these areas do not qualify as noted in Section V.A above. The open space exhibit should be revised prior to the City Council hearing to only include qualified open space that complies with the aforementioned standards. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The open space exhibit should be revised Page 13 to exclude areas that are not a minimum of 400 s f. and that don't meet the dimensional width and length standard. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. An exhibit shall be submitted demonstrating compliance with this standard for each phase of development prior to the City Council hearing.If changes are necessary to the phasing plan to comply with this standard, a revised phasing plan should be submitted. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(T) in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,ef£retroactive to 2-4-2009) The street buffer along W. Orchard Park Dr., a collector street, was constructed with the previous subdivision (Linder Village)and does not include a berm; the buffer is included in the common open space calculations. Staff recommends the buffer is allowed to count toward the minimum standards if enhanced landscaping is provided per the standards listed in UDC 11-3G-3B.3 as recommended. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches,landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (1) Bicycle repair station. Page 14 (2) Park and ride lot. (3) Sheltered transit stop (4) Charging stations for electric vehicles 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units, two(2)amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five (75)units,three(3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five (75)units or more, four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005,ef£ 9-15-2005) A total of 38 multi family units are proposed; therefore, a minimum of three (3)site amenities are required, one from each category. Proposed site amenities consist of a swimming pool with changing rooms and restrooms;walking trails/pathways; a community workshop building that will allow for bicycle repair, woodworking, etc.; a dog wash station and related amenities for pet care; a BBQ area with tables and a shade structure; a dedicated open space area around the pool area for fire pits; and another dedicated open space area for bike parking, bench seating, tables, moveable planters and string lights, which exceeds the minimum standards. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B Street buffer landscaping is required to be installed with the subdivision plat as noted above in Section V.A. Landscaping is required to be installed along all pathways in accord with the standards listed in UDC 11- 3B-12C. The common area lot along the south and east boundaries of the site where a 12-foot wide access Page 15 road/multi-use pathway is proposed is encompassed by an irrigation easement that prohibits trees within the easement. Prior to the City Council hearing,an Alternative Compliance application should be submitted to relocate the trees required in this area to along micro-paths within the development, as proposed; shrubs and other plantings should be provided within this area if allowed by the easement holder in accord with UDC 11-3B-12C.2. Landscaping is required in common open space areas in accord with the updated standards listed in UDC 11-3G-5B.3,which requires a minimum of one deciduous shade tree for every 5,000 square feet of area with a variety of trees, shrubs,lawn or other vegetative groundcover. The Landscape Requirements table on the landscape plan and the Site Amenity Plan should be updated to reflect compliance with the updated standard. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 5-foot tall fence is proposed around the swimming pool; the fence is required to comply with the building code requirements for such. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed residential structures,included in Section VILH. A mix of 1-,2-and 3-story structures are proposed in a variety of construction materials and styles. To ensure quality of design for an exemplary development, Staff recommends final design of all structures comply with the design standards in the Architectural Standards Manual,unless otherwise approved through a design standard exception.The Applicant's narrative includes a request for exceptions to design standards#R3.IE and#R3.1F in the Architectural Standards Manual;these exceptions should be included with the Design Review application and are not approved with this application. A Design Review application is required to be submitted for approval of all structures.A Certificate of Zoning Compliance(CZC) application is required to be submitted for the multi-family structures along with the Design Review application; one(1) CZC may be submitted for the overall multi-family development if desired. In approving the planned development,the Council may prescribe appropriate conditions,additional conditions,bonds,and safeguards in conformity with this title that: L Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property development. 6. Require the provision for on site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision,including school districts,which provides services within the city. Because like uses (i.e. single-family detached homes) are proposed to existing abutting single-family detached homes in Paramount Subdivision and a transition in housing types and density is proposed along with a 35 foot wide linear common open space area as a separation and buffer; Staff is not recommending any additional conditions to minimize any adverse impacts of the use on adjacent properties. Page 16 VI. DECISION A. Staff: Staff recommends approval of the requested preliminary plat and planned unit development with the conditions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on December 1,2022 and January 5,2023. At the public hearing on January 5t'',the Commission moved to recommend approval of the subject PP and PUD requests. 1. SgMMM of Commission public hearing_ a. In favor: Michael Slavin,Tony Tseng b. In opposition:None C. Commenting Doug Jones,Chris Eastman, Sally Reynolds,Julie Duran, Shane Nye and Jennifer Card,Lisa Metcalf,Kelly Carpenter,Justin Carpenter d. Written testimony: Michael&Linda Arnold,Leah Balecha,Daniel Briggs,Julie Duran. Matt Mueller, Scott Fuller,and Shane&Julia Dutv e. Staff presenting application: Bill Parsons f Other Staff commenting on application:None 2. Ke, ids)of public testimony a. Request for denial of the project as currently submitted due to the following reasons: 1) project isn't consistent with the MDR FLUM designation and would be more appropriate in the MHDR designation, 2)the proposed parking isn't sufficient for the proposed development and will result in substantial on-street parking that will contribute to congestion and make travelingthrough hrough the community difficult, 3)the proposed contemporary modern design of the single-family homes are not harmonious with the design of existing single-family homes in the adjacent Paramount subdivision, 4)on-street parking along Bergman should not be allowed due to the curvature of the street which will not allow two vehicles traveling in opposite directions to easily pass one another if there are cars parked on either side if the road on the curve: and 5)belief that too many residential units are proposed in this area,which will not complement the existing neighborhood and will negatively impact the community's livability. b. Increase traffic,density and on-street parking on N. Berman Ave. 3. Ke, ids)of discussion by Commission: A. Update the parking plan to ensure the project is adequate parked per UDC standards. IL Update open space exhibit to ensure the project meets the open space standards. C. Code complaint fencing along the south and east boundary of the proposed development. 4. Commission change(s)to Staff recommendation: a. The Commission required pedestrian lighting to be installed alongthe pathway along the south and east perimeter boundaries of the subdivision: b. The Commission directed the Applicant to coordinate with ACHD on installing `no parking'signs on the public streets where the"s"or 90-degree curves are located(i.e. N. Bergman Ave.,N. Arctic Fox Way&N. Arliss Ave.), C. The Commission directed the Applicant to continue working with abutting neighbors on repairing the existingfencing encing that was damaged duringtiling iling of the North Slough. 5. Outstandingissue(s) for City Council: a. None C. The Meridian City Council heard these items on 2/14/23 and 3/21/23.At the public hearing on 3/21/23_the Council moved to approve the subiect PUD and PP requests. 1. Sutmnary of the City Council public hearing: Page 17 a. In favor: Michael Slavin,Tonv Tseng b. In opposition: None C. Commenting: Sally Reynolds, Kelly Carpenter,Justin Carpenter,Kris Eastman. Shane Nye.Tony Brownlee, Kelly Carpenter d. Written testimony: Lorraine Howe,Jennifer Card,Jennifer Lytle, Sally Reynolds C. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Preference for a lower density of residential units,reduction in the number of residential lots.reduction in the number of stories of residential units from 3-to 2-stories not in favor of the proposed reduced setbacks: b. Concern pertaining to the on-street parking on"s"curves,traffic generated from the proposed development and impacts on the abutting Paramount neighborhood and on area school enrollment: C. Proposed buildings don't fit with the character of the existing homes in the Paramount neighborhood,not in favor of the proposed design; d. Request for on-street parking to be prohibited along Arliss.Bergman and Director: e. Request for development to meeting R-8 standards with no deviations. 3. key issue(s)of discussion by City Council: a. Opinion that the proposed development doesn't meet the bar of for approval of a PUD for the allowance of reductions to development standards—preference for development that meets the R-8 standards- b. Not in favor of the proposed building designs, on-street parking on the curves,proposed density—opinion that it's too high for this area.not in favor of the proposed open space: c. Like the uniqueness of the proposed development, including provision of condominiums: concerns about the height of some of the structures and the proximity of the buildings to each other:would like to see ad iustments to on-street parking and the development so that it's not so compact.Would like to see more connected open spaces spread out through the development: d. In favor of removal of the on-street parking on the curves as presented on the revised parking exhibit: e. In favor of the proposed transition in uses and lot sizes £ Recognition of the constraints associated with development of this site (configuration irrigation easements, etc.l g= Opinion that the proposed development, as revised,meets the requirements for approval of a PUD. 4. City Council change(s)to Commission recommendation: a. Council included Director St. in condition 48 in Section VIII that requires"no parking" signage to be installed. Page 18 VIL EXHIBITS A. Preliminary Plat(dated: ni�2 3/7/23)&Phasing Plan a rse�u�r or PRELIMINARY PLAT FOR SAGARRA SU 601 VISIONS 9uaoma.oN artuaTao Ir+rHe ww l ao.ae ali wlol� ou N�v..osHo err•.ruwoe.wear. ;+ Lesend Nates saga �...eW _ - jkm --a -- _ _ ••Y•_•'•- 7L/78ts11WN Local She!m••4• - �� (^'/�^"'�•'ert n -_ .. - VY Map 21r Private street(PhaN 28'Privets Street(Phase2) -- ia- - -- _ppp- r_—. _.•�--1- A I Comte 7- r 7. 10-1 I —• I I I I I � ��_ • � I ��V PRWMINARY PLAT.FliAss 1 � � PPA C [ rl..J mow.. _ _ ,a _ —' •��_ � �!� � Phasing Plan Parcels Included e I `�-- "" "y% •ky„�., - f�L.._r '`• — -- __-- ...... a�w,..-qua.. AI�4� �� � 9 —-- ��,=c 1 G PRELIMINARY PLAT-PHASE 2 PP.2 e ii r9 Page 19 P ' PARCEL#6 PARCEL#5 PARCEL#4 PARCEL#2 ------- - - -- ------- PARCEL#3 PARCEL#1 (INCLUDES EXISTING N. BERGMAN AVE. ROW) DEVELOPER RESERVES THE RIGHT TO MODIFY THE PHASING PLAN BASED ON MARKET CONDITIONS Page 20 B. Landscape Plan(dated: 2''' 3/6/23 WID�EA01� a w f T--- _T --_ I I = LAND$CAPEPIAN �: NAND GAP PL LANL>9CAPE PLAN p I I I I • p I •— I I I I I I I i I A I A �i .� � II - yioelL�f7 y e —1 � F-Fi AN�} LANDSCA PLAN •'� ( F F..:"'1 p 4,1 ilr ANDSCAPE PLAN 1 DSCAP PLAN ; 'QU (t 9� L------------1------------J------1------L—————------- ------------J _ 00 I Win I I I — I I I • I I y 1 • --- I � ' I «c333 • I • t-'- '�D471"YAZ3.�rsz3e-3�1r'�.w��:3e�ac9r� "' • -� 1 " i I LANDSCAPE 1 I m®emr.mL� 1 —L101 Page 21 [7�a■■■m C07�a■■■3ii f IN Co7�v■■■ a na �z.er��=.Q a-r ��•.; ova::�� �f�.,-�.;-_ - - � �►�:�';�, ..,�.•1����z. moo�''®v■■■�r�.� _. �J®�■■■ii� =M1 X�: - ram.�-,.. �::� �-.� ``�r�- o'er--'-���■a� ®�■■oxes EOt7�■■■■� �. G �_ .�� Caw■■■� ���� �► �' � °'' f aka f��I' � � ®tea■■■� �' �` o®�■■a® -ram �:�:- -.� '- _ - r --------------------------- T v' I I I — I I — I I I I _ I I I I I I I I I I 1 _ I • _..—..—_—.. _ ,....... I -- --- _.. ,' tea.: —. i .__ �, UNoscnPe —� -- •. ._.. 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PIAN-AREA8 ---------------------------------------------------- L108 v v /�B.ALL&BURIAP TREE RANTINGZ�SHRUB RANTING 3 PLNITER ISLPND DETAIL 41 STEEL LANDSG PEEMW 7TIL . u� I LANDSCAPE /5LLIDNRONTAL ALUMINUM FENCE ,� L150 Page 25 C. Common Open Space Exhibit(dated: 2''' z ' "' 3/6/23) .Z......®� - We P-LEGEND iF m - - OPEN 9PACE Ewean ..l.�lrrI J'Ak. o�rriL "99 ...i. .a. NARY I sYA<.wo<. PATHWAY LEGEND ••.fie-• I IA _ I F I I ] II i I ! I ! I f%NNIBR- - T ! f717.1—L�1 EX-1.1 8 e Page 26 NSA S Y PA"AY LEGEND. o +EX-1.2 Page 27 D. Site Amenity Exhibit-Revised(dated: 3/6/23 -s-REWIR-5 rrr OPEN SPACE SUMMARY PHASE I STACK,�PCK 4) 0 OPEN SPACE SUMMARY PHASE 2 G co co 7M7 Af I_Yly I Ily I Yly I Ily PUD SITE AMENITY PLAN --- ------- L160 Page 28 E. Proposed Reductions to R-8 Setbacks-REVISED SETBACK DIAGRAM .HAM. r o � _ --------------------- a ,i _ o I Comparison Table(Required vs.Proposed/Abnroved): R-8 Minimum Ribbon 2-pk Townhomes Middle Three Boulder Courtyard Single- Dimensional Townhomes (SFR attached) Townhomes Flats Condos family Standards (green) (blue) (purple) (MFR) (pink) homes (per UDC (red) (detached) Table 11-2A-6) (orange) Front 10, 0' min. 10, 8'6" 5' min. 2 10, (local street setback to living area Garage 20' 0' min. 0' min. 4' min. NA NA 20' (local street setback Side 5' 5' 5' NA 5' 5' 5' interior Street 10, 10, 0' min. 10' min. 5' min. 7' 10' Side (local street setback to livmg area Rear 12' 0' min. 0' min. 4' min. 5' min. 10, 10' Lot Size 4,000 s.f. 1,070 min. 1,690 min. 1,532 min. 51,453 11,796 4,661 - Page 29 F. Parking Diagram-Revised(date: 3/6/231 r /IMS� 1 PMSE 11 (< L] —_--- _ 4TTUtv T 'UTU-T0 'T4 o TruTTT,j .......... MCD DE� 1� � [PLP E�]E i�, C� , ; }4�. I_� E� E�C' CAL . Sagarra Parking Analysis Taal Req'd Tetal Provided Req'd G.— Cwend Canned in Coaxed in P.ddrrg Parking Padtlng Phapl Phaaa 11 OU xFacea twat Toftl Provided C.Portor Carp-t Extra Unh Deflgnetbn eed Count Factor Factor FectorCount Factor Factor I...) (Court) Totd DUaTotd DUa R.qulred Required Tobl Regolred On-Sift Gang. Wnge 1patp Two Pack Townhoaes 1 2 0.0 1.0 16 24 40 80 1.0 N 80 40 N aRibbon Townhoaes 2 2 0.0 1.0 16 19 35 ]0 0.0 ]0 TO 35 TO 35 Middle Three Townhoaes _ 2 2 0.0 1.0 3 0 3 6 0.0 6 6 3 6 3 MPltifarmly-H.adwata 1 L5 0.1 LO 3 0 3 5 0.3 ! ! ! ! 0 Witifa -Headwater 2 2 0.1 1.0 2 0 2 4 0.2 4 4 2 2 0 F 0 0 SM(M Sp..njlpa. 2/3/4 4 0.0 LO ]3 19 32 129 0.0 121 3L 92 fi0 32 Total 35 43 139 338 2.9 940 966 139 249 110 Total Provided-On Site 365 Total Rp ind 940 OA ORECgaI i Total Available Parking "1 Page 30 G. Vehicular&Pedestrian Circulation Plan A HIGH DESERT DEVELOPMENT 1 28 NOVEMBER,2022 CHINDEN IMPROVEMENTS PER STARS AGREEMENT �i lnm m n�u m nun m moon uu m m nun m uu m m nun num mn muu nun m m uu nuum m m nunuum nuu nunm uunuunumnnunuummmnummmmnmummnuunmun m muumnun m nu� ----- -- ---------- --- -------- --- FUTURE OFFICE RETAIL, 3 MULTI-FAMILY 0 o a uuunNlllll ¢P lol'll rl:. .�111111_ U CCC- ammmuuuuuP \nllf�, Z Z o o a_ W W LU - y 0 U - `J _ r d UuuuuIRIIJJ NIIII II\U`````; i D_ �ROAOWAV _ I�ll }' ` - - _ CONNECTION POINT TO EIIIIIIIIIi c p U II M _ _ ADJACENT PARCEL LU Z W _' I >�rIDT `,11`I,\\p\illl uunm u I ................. unu nnn o = ( IIIII I FUTURE RESIDENTIAL lu FUTURE RESIDENTIAL _ S - - EXISTINGROADWAY DEVELOPMENT DEVELOPMENT EXTENSION CONNECTION POINT TO � —� _ mT,nB\\1 ��� IIIII nw II(IIIIIIII IIIII II TIw III IIIIIIII nw IIIIIIII III -11 IIIIIIII Illllllwnnlll llllllllll IIIIIIII IIIIIIIIIIIIIII\`` ADJACENT - IHNIHH111111y nlunplNM �` - .. _ _ IIIIL. SUBDIVISION if �cd = - �� 711101111 —=� .11lllllllllllllllllll llllllllllllllllllllll llllll llllllllli ._ -IS NEW TREETPER EXISTING ROADWAY EXTENSION CONNECTION � L LEGEND 16UI ACHD STANDARDS POINT TO ADJACENT SUBDIVISION /Y�PJWI 111111111111 NEW VEHICULAR ROADS 111111111111 PEDE RIANPATHJSIDEWAUIS �11111 EXISTING VEHICULAR ROADS Scale:1:100 CIRCULATION PLAN MDA I pg.2 Page 31 H. Conceptual Building Elevations APPROXIMATELY 40'EAS T/LAHUSC BUFFER WITH PERIMETFIt Existing Single Family Residential SC ..TS. v La _ o (M)HEW SINGLE FAMILY S r a LL . W J Y e Z New Single Family Residential scAL —. N 03 Page 32 MO y Concept Elevations . . • Family Homes Building"A"Concept: ■ I ' 1 I • MM� Building"B"Concept: EM --------- FRONT LEFr ------------ nAR RIGHT Building"C"Concept: F EM EZM OODO L I I I Page 34 Building JL ED DEB 1 Building El � I-I LEI . , ■ ■ ■ Building"F" Concept: ALA lit �I Km� IN N Building"G"Concept: 1 107 Page 36 ==___= IPW ZL ** ••. �_ III►?= > <UZI F �V KID II W _ C IrI � �I I Min,I 1 III 1 a �L _.ids O C 4 �„ICI ,, %!' �� ?� .. •�. I■ momT ■I MrM ■I . IMI . I■1 1MI ■IImIM,Jlmll Mimi, ° ILA rw 0 �L L O � C! `` 0 oi— /ice t v V �L y O Gam: /�./a/ii� � �"%",�� ��; � •�- q e ii ' � I ! � ' 111 ■! I ■I :. ... ..: . . .:.. . ... ... . •L i / is �• ry. �3 �. ■ ■ � :�i �� �� 1. ■ +M . I� �N�- _ ■rW1�IQ, �� �, � �. !!III :�I�I�IIII� � ����� � �III■I10�1�'���� OAF 16 A Is Q 13 CBP A-fty B,Kdilg Community Workshop rsic x.s C,,,,,ity CWbh.... p FMII I C, 81 Dl B2 I D2---.,... Community Workshop-Concept Elevations Community Clubhouse Concept Elevations 09 Page 40 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Preliminary Plat: 1. The final plat shall include the following revisions: a. Graphically depict zero(0)lot lines on internal lot lines where single-family attached and townhome structures are proposed(i.e. where structures will span across lot lines). b. Depict traffic calming measures to slow traffic on Bergman Ave. and W. Bacall St. as allowed by ACHD and the Fire Dept. in accord with the Development Agreement. c. Graphically depict public use easements for the micro-paths that cross private/townhome building lots. 2. The landscape plan submitted with the final plat shall be revised as follows: a. Depict landscaping along all pathways as set forth in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative groundcover is required. b. Depict additional/enhanced landscaping within the 20-foot wide street buffer along W. Orchard Park Dr. in accord with the updated standards in UDC 11-3B-7C.3 and 11-3G-3B.3. c. Update the Landscape Requirements table to reflect compliance with the updated common open space standards in 11-3G-5B.3,which requires a minimum of one deciduous shade tree for every 5,000 square feet of area with a variety of trees, shrubs,lawn or other vegetative groundcover; shrubs and other plantings shall be depicted on the plan as required. 3. Future development shall comply with the minimum dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6 except as approved with the Planned Unit Development see table in Section VII.E for reduced standards approved with the PUDI. 4. All waterways on this site shall be piped as set forth in UDC 11-3A-6B,unless otherwise waived by City Council. 5. A private street application shall be submitted with the final plat application for the proposed private streets within the development. All private streets shall comply with the standards listed in UDC 11-3F- 4. 6. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. hi the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner,and conforms substantially to the approved preliminary plat, such segments,if signed by the city engineer within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filing by the applicant prior to the termination of the period in accord with subsections(A)and(B)of this section, 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 this title. 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- Z)- 7. Pedestrian lighting shall be installed along the pathway along the south and east perimeter boundaries of the subdivision. Page 41 8. The Applicant shall coordinate with ACHD on installing no parking signs on the public streets where the"s"or 90-degree curves are located(i.e.N. Bergman Ave.,N. Arctic Fox Way&N. Arliss Ave.)as well as on Director St. 9. The Applicant shall continue working with abutting neighbors on repairing the existingfencing encing that was damaged duringtiling iling of the North Slough. Conditional Use Permit/Planned Unit Development: 10. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development and the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district is required,unless otherwise approved through the Planned Unit Development (see deviations to setbacks approved in the comparison table in Section VII.E). 11. The site/landscape plans included in Section VII shall be revised as follows: a. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-2 7B.2. b. Depict the location of the property management office;maintenance storage area; central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. d. Depict shrubs and other plantings adjacent to the pathway along the south and east boundaries of the site in accord with UDC 11-3B-12C as allowed by the Irrigation District within their easement. e. Update the Landscape Requirements table to reflect compliance with the updated common open space standards in 11-3G-5B.3,which requires a minimum of one deciduous shade tree for every 5,000 square feet of area with a variety of trees, shrubs,lawn or other vegetative groundcover; shrubs and other plantings shall be depicted on the plan as required. f. Depict a minimum 5,000 square foot common grassy area integrated into the site design that allows for general activities by all ages that complies with the standard listed in UDC 11-4-3-27C.3. g. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one (1) tree per 100 linear feet of pathway. h. Provide bicycle parking spaces per the standards listed in UDC 11-3C-6G; bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C.Bike racks should be provided in central locations for each multi-family building and the amenity buildings. i. Provide off-street parking spaces for the development in accord with the standards listed in UDC Table 11-3C-6 and 11-3C-6B.1 per the analysis in Section VI. j. At a minimum,depict site amenities consistent with those proposed with the subject application. k. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. 1. A detail shall be included of the fencing proposed around the swimming pool that complies with building code requirements for such. Page 42 12. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area as set forth in UDC 11-4-3-27B.5. 13. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features as set forth in UDC 11-4-3-27F. A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. 14. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units in accord with UDC 11-4-3- 27C.6. 15. A minimum of eighty(80) square feet of private,usable open space shall be provided for each residential unit per UDC 11-7-4B. This requirement can be satisfied through porches,patios,decks, and enclosed yards. Landscaping,entryway and other accessways do not count toward this requirement. 16. The Applicant shall coordinate with ACHD on the location and design of the proposed crosswalks across W. Orchard Park Dr. 17. If some of the multi-family units are proposed to be condominiumized,a short plat shall be submitted where all buildings are constructed or have received building permits for construction as set forth in UDC 11-6B-5. 18. Future development shall comply with the vehicular and pedestrian circulation plan in Section VILG. 19. A Design Review application shall be submitted for all structures within the development to ensure quality of design for an exemplary development. All structures shall comply with the design standards in the Architectural Standards Manual unless otherwise approved through a design standard exception. 20. A Certificate of Zoning Compliance (CZC)application shall be submitted for the multi-family structures concurrent with the Design Review application; one(1)CZC may be submitted for the overall multi-family development if desired. 21. A conditional use permit/planned unit development,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/planned unit developments that also require platting,the final plat must be signed by the city engineer within this two-year period. Upon written request and filing by the applicant prior to the termination of the period in accord with subsection(F)(1)of this section,the director may authorize a single extension of time to commence the use not to exceed one (1)two-year period. Additional time extensions up to two(2)years as determined and approved by the commission may be granted. With all extensions,the director or commission may require the conditional use comply with the current provisions of this chapter(UDC 11-5B-6F). B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are to be built within the utility easement. See "WW Comments - Sagarra" for details. 1.2 Must provide access path per City requirements to existing manhole located on western end of site (Sheet CE.1)and existing sewer just south of Orchard Park Dr. (left side of Sheet CE.2). Page 43 1.3 SSMH-4E is outside the easement. Easement needs to by 20'and extend 10'beyond the manhole. Also need access path up to manhole per City requirements. 1.4 Do not have sewer services pass through infiltration trenches. This comment was made during the preapplication meeting also. There are a few areas that this is occurring. Ensure that this is corrected in future submittals. See "WW Comments - Sagarra" for details. 1.5 Sewer services must be installed at 90 degrees to a sewer main or connected to a manhole. See "WW Comments - Sagarra" for details. 1.6 Provide 10' separation between sewer main and infiltration trench. 1.7 To and through required to parcel R5262501200. 1.8 Flow is committed. 1.9 There is a gap in the water line along road 4. This needs to connect. 1.10 Have callout to remove blow-off valves. 1.11 Add valve on existing water line in Bergman Ave for a total of 3 valves on the crossing. 1.12 Add valve on existing water line in Road-1 for a total of 2 valves at the tee. 1.13 See Change Marks on"Public Utility Plan"pdf for additional details. 1.14 Streetlight plan will be required at time of development. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). 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. Page 44 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting,crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life,safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 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. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 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. Page 45 2.20 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.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 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. C. FIRE DEPARTMENT https:llweblink.meridiancity.oLg/WebLinkIDocView.aspx?id 277043&dbid O&rfpo MeridianCity D. POLICE DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspxTid 277044&dbid 0&repo Meridian City E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspxTid 278542&dbid 0&repo Meridian City F. SETTLER'S IRRIGATION DISTRICT(SID) https:llweblink.meridianciC.oEg/UebLinkIDocView.aspxTid 277091&dbid O&repo MeridianCity G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.oEgj ebLink/DocView.aspxTid 278840&dbid 0&repo Meridian City H. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.oEgj ebLinkIDocView.aspxTid 282445&dbid O&repo MeridianCity I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciV.org/WebLink/DocView.aspxTid 276873&dbid 0&repo MeridianCiu IX. FINDINGS A. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) Page 46 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police,Fire,ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. B. Planned Unit Development(UDC 11-7-5) 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 a planned development request,the council shall make the following findings: A. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive,continuous,visually related and functionally linked patterns of development, street and pathway layout,and building design. The City Council finds the proposed development demonstrates an exceptional high quality in site design through the provision of cohesive development linked together by common open space areas with pedestrian pathways and quality site amenities. Vehicular andpedestrian connectivity is provided to adjacent neighborhoods to the south and east and to the commercial development to the north.A high quality of building design will be ensured through the design review process consistent with the conceptual elevations provided. B. The planned unit development preserves the significant natural,scenic and/or historic features. The City Council is unaware of any significant natural, scenic and/or historic features that exist on this site.If any such features do exist, they should be preserved. C. The arrangement of uses and/or structures in the development does not cause damage,hazard,or nuisance to persons or property in the vicinity. The City Council finds the proposed arrangement of uses and structures within the development provides a good transition (i.e. `feathering"of uses and density) between existing single-family detached homes along the southern and eastern property boundaries and existing and future commercial uses to the north and does not cause damage, hazard or nuisance to persons or property in Page 47 the vicinity. The linear common open space along the south and east property boundaries also assists in providing a separation and buffer between existing residential and proposed residential uses. D. The internal street,bike and pedestrian circulation system is designed for the efficient and safe flow of vehicles,bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development,nor place an undue burden upon existing transportation and other public services in the surrounding area. The City Council finds the proposed internal vehicular and pedestrian circulation system will provide a safe and efficient flow of vehicles, bicyclists and pedestrians without an undue burden on existing transportation in the surrounding area and provides good connectivity between the existing and proposed developments. E. Community facilities,such as a park,recreational,and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. The City Council finds the proposed open space areas and site amenities are accessible to all residents via proposed pathways for pedestrians and bicyclists. F. The proposal complies with the density and use standards requirements in accord with chapter 2, "district regulations",of this title. The City Council finds the proposal complies with the desired density in the Comprehensive Plan for MDR&MU-C designated developments and with the use standards for the R-8 zoning district listed in Chapter 2 of the UDC. G. The amenities provided are appropriate in number and scale to the proposed development. The City Council finds the proposed amenities exceed the minimum UDC standards and are appropriate for the number of units and scale of the proposed development. H. The planned unit development is in conformance with the comprehensive plan. The City Council finds the proposed PUD is in conformance with the Comprehensive Plan per the analysis in Section IV and is consistent with the purpose statement for Planned Unit Developments in UDC 11-7-1 and the standards for such in UDC 11-7-4. Page 48 E IDIAN --- AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Denial of Meridian CZ Apartments (H-2022-0073), by Realm Venture Group for Property Located at 1475 E. Franklin Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, E DECISION,AND AND ORDER I D A H O Date of Order: April 4, 2023 Case No.: H-2022-0073 Applicant: Jorre Delgado, Realm Venture Group In the Matter of. Request for(A) a development agreement modification to the existing development agreement(Instrument No. 99121334, AZ-99-005, Cobblestone Village)to remove the subject property from the existing agreement and enter into a new agreement for a proposed multi-family development and(B) a conditional use permit for a multi-family development consisting of 60 dwelling units on 2.39 acres of land in the R-40 zoning district 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 March 21, 2023, as to this matter, the City Council enters the following findings of fact, conclusions of law, decision, and order. A. Findings of fact. 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-2022-0073, which is incorporated herein by reference. 2. The Property is encumbered by an existing development agreement (Instrument No. 99121334) (the "Existing Development Agreement"). 3. The Applicant is requesting a modification to the Existing Development Agreement to remove the Property from the Existing Development Agreement and enter into a new development agreement(the "New Development Agreement") to facilitate a proposed multi- family development. 4. The Applicant is requesting a conditional use permit ("CUP") for the proposed multi-family development, which is contingent on City Council approval of a modification to the Existing Development Agreement, because the proposed multi-family development is inconsistent with the Existing Development Agreement. 5. The Existing Development Agreement contemplates 96 multi-family units on 6.15 acres (15.6 units/acre). 6. The Existing Development Agreement contemplates ingress and egress to the multi-family units from both E. Franklin Road and S. Locust Grove Road. 7. A portion of the property encumbered by the Existing Development Agreement is now utilized by the Ada County Highway District as a detention pond, and cannot be easily developed as contemplated in the Existing Development Agreement. FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0073 Pagel 8. The proposed multi-family development includes 60 multi-family units on 2.39 acres (25.1 units/acre). 9. S. Locust Grove Road is the only point of ingress and egress for the proposed multi-family development; no access would be provided via E. Franklin Road. 10. The City Council held a public hearing on March 21, 2023, and received testimony from the Applicant and the public concerning the CUP and the proposed modification to the Existing Development Agreement. 11. The City Council finds, based on testimony received and information in the record, that a single point of ingress and egress for the proposed multi-family development would result in significant traffic safety concerns on S. Locust Grove Road. 12. The City Council finds, based on testimony received and information in the record, that an increase in density from 15.6 units per acre to 25.1 units per acre (i.e., a 60.9 percent increase) is not consistent with the density contemplated in the Existing Development Agreement. 13. Based on the foregoing, the City Council finds that the proposed New Development Agreement is inferior to the Existing Development Agreement. 14. Because the New Development Agreement is inferior to the Existing Development Agreement, the City Council finds that it is not in the City's best interest to modify the Existing Development Agreement as proposed by the Applicant. 15. The City Council specified the actions the Applicant could take to obtain approval, including, but not limited to, reducing the density of the proposed multi-family development to better match the density contemplated in the Existing Development Agreement and providing better ingress and egress to the site. B. Conclusions of law. 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, including, but not limited to, sections 67- 6519(5) and 67-6535. 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(17)(2). FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0073 Page 2 5. The City Council may modify an existing development agreement, but it is not mandated to do so. UDC § 11-5B-3(F)(2). Similar to other binding contracts, 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 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 Existing Development Agreement because the proposed modification is not in the best interest of the City. Additionally, the City Council hereby denies the Applicant's request for a CUP because the proposed multi-family development is inconsistent with the Existing Development Agreement. 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. E. Judicial review. Pursuant to Idaho Code section 67-652 1(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 4th day of April, 2023. Robert E. Simison Mayor Attest: Chris Johnson City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0073 Page 3 E IDIAN --- AGENDA ITEM ITEM TOPIC: Addendum to Development Agreement for Dutch Bros Ustick & Eagle (H- 2022-0077) by Andrew Bowman of Barghausen Consulting Engineers, Inc. for Property Located at 3117 E. Ustick Rd. ADA COUNTY RECORDER Trent Tripple 2023-019374 BOISE IDAHO Pgs=27 BONNIE OBERBILLIG 04/05/2023 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Wadsworth Meridian LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 4th day of April 2023, ("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 Wadsworth Meridian LLC ("OWNER/DEVELOPER"), whose address is 166 East 14000 South, Suite 210, Draper, Utah 84020. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the existing Development Agreement recorded December 4, 2019 as Instrument 92019-121599 in Ada County Records for the purpose of updating the existing concept plan. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. 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: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded December 4, 2019 as Instrument 92019-121599, except as amended as follows: a. Applicant shall develop the property consistent with the revised conceptual development plan in Section VILB, Exhibit B of the Staff Report. 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. 3. This Addendum 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 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. MODIFICATION TO DEVELOPMENT AGREEMENT—DUTCH BROS USTICK&EAGLE H-2022-0077 Page I of 3 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. [End of text. Acknowledgements, signatures, and Exhibit A follow.] MODIFICATION TO DEVELOPMENT AGREEMENT—DUTCH BROS USTICK&EAGLE H-2022-0077 Page 2 of 3 { ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. i OWNER/DEVELOPE I Wadsworth Meridian i 1 BY Nab" ?w coo STATE OF � ) U. LNV-E )ss. Sk County of ) On this 27 f day of—M A Y C 2023,before me,the undersigned,a Notary Public in and fbr said State,personally appeared_N 4 k-1-777i r ,known or identified to me to be the C 0 0 of Wadsworth Meridian LLC and the person who signed above and acknowledged to me that they 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. *•• 1ACQUEIINE R HOPKINSON gUkry Public-State of Utah y •r minission Number:721295 Notimission Public My Commission Expires on My expires: 4$ Z tI 2 j „. ' Nov.5,2025 CITY OF MERIDIAN ATTEST: By: 4-4-23 Mayor Robert E. Simison 4-4-23 Chris Johnson, City Clerk STATE OF IDAHO ) ss County of Ada ) On this 4th day of April ,2023,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. (SEAL) Notary Public for Idaho 3-28-2028 My commission expires: MODIFICATION TO DEVELOPMENT AGREEMENT—DUTCH BROS USTICK&EAGLE H-2022-0077 Page 3 of 3 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�- AND DECISION& ORDER In the Matter of the Request for a modification to the existing Development Agreement(H- 2019-0082, Inst. #2019-121599)to update the existing concept plan; and conditional use permit to construct a new 1,154 square foot restaurant with associated drive-through on approximately 1.2 acres of land in the C-G zoning district,by Andrew Bowman,Barghausen Consulting Engineers, Inc. Case No(s). H-2022-0077 For the City Council Hearing Date of: February 14, 2023 (Findings on March 7, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 14,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 14,2023,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 14,2023,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(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 14, 2023, 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 and Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 14, 2023,attached as Exhibit A. D. Notice of Applicable Time Limits 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 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 11-5B-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 67-651IA. 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077) -2- E. Judicial Review Pursuant to Idaho Code § 67-6521(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 f'or the hearing date of February 14,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077) -3 - By action of the City Council at its regular meeting held on the 7th day of March 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED _ COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robe". mison 3-7-2023 Attest: � SF,AL Chris Joh n 30 e 3 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Na&ycWM Dated. 3-7-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(DUTCH BROS USTICK&EAGLE MDA,CUP-FILE H-2022-0077) -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING February 14,2023 Legend ---------- - DATE: Project Location TO: Mayor&City Council i FROM: Stacy Hersh,Associate Planner 1 + 208-884-5533 l—E-USTICK-O^ E-USTICK-RD= SUBJECT: H-2022-0077—Dutch Bros Ustick& a 3 -- �}3 1 E Eagle MDA,CUP - W T - J 0 LOCATION: 3117 E.Ustick Rd.,in the NE '/4 of o Z z Section 5,Township 3N.,Range IE. W a (Parcel#R9161790045) J a W e ' °° a w _' W V Z u LN z Z Z Z L PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement(H- 2019-0082,Inst. 92019-121599)to update the existing concept plan; and conditional use permit to construct a new 1,154 square foot restaurant with associated drive-through on approximately 1.2 acres of land in the C-G zoning district. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.29-acre property(MDA Agreement); 1.194(Conditional Use Permit) Future Land Use Designation MU-R(mixed-use regional) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Dutch Bros.Coffee(restaurant with a drive-through) Current Zoning C-G Physical Features(waterways, The Milk Lateral runs along north and east boundaries of site hazards,flood plain,hillside) Neighborhood meeting date;9 of 9/27/2022;4 attendees attendees: Description Details Page History(previous approvals) MDA H-2019-0082(DA#2019-121599);PP H-2020-0104 (Wadsworth Meridian Subdivsion)A-2019-0376;A-2021- 0010(site improvements)A-2021-0012(CZC/DES);PBA- 2021-0020(Property Boundary Adjustment);MDA H-2021- 0104(Denied) B. Community Metrics Description Details Ada County Highway Not yet received District • Staff report(yes/no) Not yet received • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access Access is proposed from E.Bourbon Street via E.Ustick Road.at the west boundary of the (Arterial/Collectors/State site. Hwy/Local)(Existing and Proposed) Trip Generation C. Project Area Maps Future Land Use Map Aerial Map Legend lmnp� 0 Legend '"" , , Project Location _ Project Location l EELt f 1 l� z 1 ♦ti+nl r uP F fir.r U c= MU-C Z .' �M K-RD E USTICK,- ^ E USTICK RD E'USTICK-�^ E USTIC -_ LN w— I TECATE LN w w .•- S Z u J J z z l7 C7 �- w 3 W OLLN W 'a z z Z Z Zoning Map Planned Development Map - - --- ------ 0 Legend Legend Project Location aProject Location a® City Limits IX — Planned Parcels �1 Z W C-N � � It VIE'Ll IC ^ E USTI - RD r. i VUS-TIC E-USTICK=RD�- R-2 E E TECATER1— R-8R-8 `" l7 E: }¢ w D C7 E z a W MOD3jLu WULLI R-2L > a ENR-15Z z Z=R1 _ R1 1 I I R-2 _ III. APPLICANT INFORMATION A. Applicant: Andrew Bowman, Barghausen— 18215 72"d Avenue South, Kent WA 98032 B. Owner: Leo Betz,Wadsworth Development Group— 166 East 14000, South, Suite 210,Draper,UT 84020 C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 11/30/2022 1/29/2023 Radius notification mailed to properties within 300 feet 11/13/2022 1/26/2023 Public hearing notice sign posted 12/28/2022 2/2/2023 on site Nextdoor posting 11/28/2022 1/30/2023 V. COMPREHENSIVE PLAN(HTTPS://WWW.ME"DIAATCITY.ORGICOMPPLAI�: Land Use: This property is designated Mixed Use—Regional (MU-R)on the Future Land Use Map (FLUM). The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections.The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The subject site is part of a much larger MU-R area along the Eagle Road corridor that includes a mix of residential and commercial uses. Therefore, Staff believes the proposed project is generally consistent with the MU-R designation. COMPREHENSIVE PLAN POLICIES(https://www.meridiancio.or /g compplan): Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Plan for an appropriate mix of land uses that ensures connectivity,livability,and economic vitality." (3.06.02) The proposed use will contribute to the mix of uses in this area that ensure the livability and economic vitality of the community. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play,and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability." (3.06.02B) The subject mixed-use area currently contains a number of retail, restaurant, office, and residential uses and will eventually include a multi family development directly to the west. To the north are a number of big box stores (Kohl's, Dick's, and Hobby Lobby)and the new Brickyard vertically integrated development; to the northeast is Lowe's and various other commercial and restaurant buildings; to the east is Trader Joes's, multiple restaurants, and the Verraso townhomes; and to the southeast are traditional garden style apartments, restaurant users, and The Village. The proposed Dutch Bros. coffee restaurant will contribute to the mix of uses in this area and provide a drive-through coffee chain option to area residents within close proximity to nearby residential developments. The proposed use will also provide employment opportunities to nearby residents. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments." (3.07.02A). A 10 foot wide pathway is proposed within the buffer along the entire frontage ofN. Eagle Rd and was constructed under the approved CZC(A-2021-0010). There is a 5-foot wide detached sidewalk within the landscape buffer to Ustick Road per the conditions of approval in the existing CZC. The sidewalk will connect to the multi-use pathway at the intersection of Ustick and Eagle Road. Minimum 5-foot wide sidewalks will be required adjacent to all commercial buildings within the Wadsworth Meridian Subdivision development and along the main driveways within the site for pedestrian connectivity and easy access within the mixed-use development. • "Minimize noise,lighting,and odor disturbances from commercial developments to residential dwellings by enforcing city code." (5.01.01F) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. VI. STAFF ANALYSIS A. PROPERTY HISTORY In 2019,a DA Modification was approved to remove the subject site from the original DA to enter into a new one specific to this site(H-2019-0082,DA Inst. 92019-121599). Subdivision approval was granted consisting of 5 commercial building lots. Several administrative approvals have been granted on the subject site: A-2019-0376&A-2021-0010(CZC for the parking lot,landscaping,and other relevant site improvements); A-2021-0012 (CZC and Design Review approval of the southwest multi-tenant building);PBA-2021-0020 (boundary adjustment to remove a lot along the north boundary creating 4 buildable lots instead of 5). In 2022,the City Council held a public hearing to consider the Applicant's request to modify the existing Development Agreement(MDA) (H-2021-0104) for the purpose of updating the concept plan to show two-drive-through uses along the north boundary instead of two larger commercial buildings. The proposed concept plan,ingress,egress,and internal traffic circulation was found to be detrimental to the community. After carefully considering all the testimony received and all the information in the record, the City Council found that the Applicant failed to demonstrate that the Applicant's proposed new plan was superior to the existing one therefore,City Council denied the application which has necessitated the need for the applicant to reapply for another amendment. B. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The existing concept plan within the approved Development Agreement(DA) (Inst. 42019-121599) depicts four buildings on the subject site (Exhibit VLA below)with the two closest to the north boundary and Ustick Road being multi-tenant buildings or similarly sized commercial buildings. Since this concept plan was approved the property has changed ownership and according to the new owners,the existing concept plan is not best suited for site development. Therefore,the Applicant is requesting to modify the existing DA for the purpose of updating the concept plan to show a Dutch Bros.Coffee restaurant with drive-through use along the northwest boundary instead of one larger commercial building. None of the existing provisions contained within the recorded DA preclude additional drive-through uses from occurring on the property—the approved multi-tenant building in the southwest corner of the site is approved with a drive-through. Because of this existing drive-through approval,the request would conceptually allow two (2)drive-throughs within this project. The new drive-through shown on the updated conceptual development plan will need to obtain Conditional Use Permit(CUP)approval prior to submitting for building permits because of the existing drive-through noted. In addition,the proposed concept plan shows a reduction in commercial square footage due to a smaller footprint proposed for the Dutch Bros site. Access to the development is existing via a drive aisle connection to a shared driveway from E.Ustick Rd. approved with the Centrepointe Mixed-Use MDA(H-2022-0035)along the west boundary of the site and a recorded cross-access easement via N. Centrepoint Way,N. Cajun Ln.and E. Seville Ln. The Applicant is not proposing any revisions to the ingress/egress for the overall site but access to Centrepoint Way to the west is indirect until such time the property to the west develops. Within the site, preliminary analysis shows that there should be ample parking for the four(4)proposed buildings and their uses(three restaurants,one multi-tenant retail building,and one urgent care/clinic)and internal circulation shown on the concept plan should meet all requirements of the UDC. C. CONDITIONAL USE PERMIT(CUP) Conditional use permit for a new 1,154 square foot dual drive-through Dutch Bros. coffee restaurant on approximately 1.2 acres of land in the C-G zoning district to allow the requested drive-through use within 300 feet of another drive-through facility. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment. All establishments providing drive- through service are required to identify the stacking lane,menu and speaker location(if applicable),and window location on the site plan.A menu board location should be depicted on the plans. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards: 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles and the public right-of-way by patrons; The concept plan shows the stacking lane is a separate lane from the drive aisles and parking which provides access to the rest of the development. The proposed site layout places a drive-through that starts at the southwest side of the building and exits at the southeast side of the building facing N. Eagle Road. Approximately 524 feet of stacking space is available behind the drive-through window to provide queuing for up to 26 vehicles. Dutch Bros. coffee has proposed implementing a runner system at the facility that is designed to increase speed and efficiency in servicing the drive-through customers;as well, employees will travel from vehicle to vehicle to greet and take customer orders. The Runners" will utilize a handheld device to transmit customer orders to the multiple drink stations inside the building. Additionally, "Runners"will charge customers while in line, so by the time they arrive at the service window, they may pick up their order and be on their way. This system decreases wait times while allowing the "Runners"to have a more personal face-to face interaction with the customers. The drive-through will not include any speaker boxes. All customer orders are taken in person either at the window or with a runner that carries a handheld device to transmit orders to the kitchen. This order process will minimize noise impacts and also decrease the amount of vehicle idling at menu boards that are common at traditional drive-through facilities. If there was additional or excessive overflow from the drive-through lane which does sometimes occur from drive-through establishments at peak times, it would stack into the parking lot from the west, not into N. Cajun Lane or E. Ustick Road. 2)The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking. 3)The stacking lane shall not be located within ten(10)feet of any residential district or existing residence; The stacking lane is not located within 10'of any residential district or residence. 4)Any stacking lane greater than one hundred(100) feet in length shall provide for an escape lane; and The stacking lane exceeds 100'in length and an escape lane is required. An escape lane is proposed prior to approaching the ordering window on the southeast side of the building. 5)The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located on the south side of the building and is visible from the N. Eagle Road and the drive aisle along the south side of the building for surveillance purposes. Based on the above analysis, Staff deems the proposed drive-through is in compliance with the specific use standards as required. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum,one (1)parking space to be provided for every 250 square feet of gross floor area(see parking analysis below). Dimensional Standards(UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Access (UDC 11-3A-3 Access is proposed on the site plan from E. Bourbon Street,a local street on the west side of the property, and the private road to the south,granted through a Mutal Access Easement—Instrument 9106169335. A cross-access easement exists between Wadsworth Meridian Subdivision and the property to the west(parcel # S1105110111)depicted on the recorded plat for Wadsworth Meridian Subdivision. Cars will enter the site from the west and will either park in the lot in front of the drive-through or continue to the east along one of the two 12' drive-through lanes merging to the coffee kiosk and exiting back to the same drive aisle to the south. There is an escape lane provided just south of the coffee kiosk that exists to the same drive aisle to the south. Direct access via E.Ustick Road is prohibited. Parking(UDC 11-3 : A minimum of one (1)off-street parking space is required per 250 square feet(s.£)of gross floor area.Based on 1,154 s.£,a minimum of 5 parking spaces are required. A total of 14 parking spaces are proposed, exceeding UDC standards. A minimum one (1)bicycle parking space is required to be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the plans submitted with this application. Pedestrian Walkways:A pedestrian walkway is proposed from the patio on the east side of the building to the pedestrian pathway along Eagle Road as required by UDC 11-3A-19.B.4. The pedestrian walkway that runs through the drive-through lane connecting to Building A shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks per UDC 11-3A-19.B.4. Per the Development Agreement(Instrument#2019-121599), a 10-foot wide multi-use pathway with a use easement and pedestrian lighting and landscaping shall be installed adjacent to N.Eagle Road/SH- 55 as set forth in UDC 11-3H-4C.3 with the site improvements approved with CZC (A-2021-0010). Landscaping(UDC 11-3B Street buffer: The street buffer along N.Eagle Road and E. Ustick Road are required to be constructed with the improvements for the Wadsworth Meridian Subdivision along with the approved CZC (A-202 1-00 10) for the common area site improvements. Per UDC 11-3B-7.C.3,All required landscape buffers along streets shall be designed and planted with a variety of trees,shrubs,lawn,or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm,repetition, balance, and focal elements. The landscape buffers shown on the landscape plan are sparse, Staff recommends adding more of a mix of shrubs and River Rock Mulch to the northwest corner of the site fronting Ustick and along the north and south of the drive-through lanes. Parking lot: Landscaping is required in the parking lot per the standards in UDC 11-3B-8C.1. The perimeter landscape buffer shall be planted with one Class II or Class III tree per thirty-five(35) linear feet and shrubs,lawn, or other vegetative ground cover. The perimeter landscape buffer next to the drive-through lane on the west side of the site is missing a mix of trees, shrubs, and River Rock mulch on the landscape plan submitted with the CUP.All other landscaping appears to comply with UDC standards. With the CZC submittal,the landscape plan should be revised to show the required mix of materials (i.e.,trees, shrubs,River Rock Mulch)in the landscape buffer adjacent to Ustick Road, and to the parking lot perimeter landscape buffers to the north, south, and west of the drive-through lanes. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. Details of the lighting proposed on the site that demonstrate compliance with the standards listed in UDC 11-3A-11 should be submitted with the Certificate of Zoning Compliance application. Mechanical Equipment: All mechanical equipment on the back of the building and outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. If mechanical equipment is proposed to be roof-mount,all equipment should be screened and out of view as noted above. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.E. Building materials consist of fiber cement siding, CMU Willamette-Graystone,metal roofing,canopy soffit in natural north-western spruce,and glazing. The elevations appear to generally comply with the standards in the Architectural Standards Manual;however,a detailed review will take place with the administrative Design Review application. Certificate of Zoning Compliance (UDC 11-5B-1 A Certificate of Zoning Compliance (CZC)is required to be submitted for the proposed use prior to the submittal of a building permit application to ensure compliance with UDC standards and the conditions listed in Section X. Administrative Design Review(UDC 11-5B-8 An application for administrative Design Review is required to be submitted concurrently with the CZC application. The design of the site and structures is required to comply with the standards listed in UDC I I- 3A-19 and in the Architectural Standards Manual(ASM). VIL DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on January 5,2023. At the public hearing,the Commission moved to recommend approval of the subject Conditional Use Permit request. 1. Suimnary of Commission public hearing a. In favor: Nick Wecker,Barghausen Consulting Engineers, eers, b. In opposition:None C. Commenting:Nick Wecker: d. Written testimony: None e. Staff presenting application: Bill Parsons,Planning Supervisor f Other Staff commentin ogn application:None 2. Ke, ids)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard this item on February 14. 2023.At the public hearing_the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Nick Wecker_Barghausen Consulting Engineers b. In opposition: None c. Commenting: Nick Wecker_ Leo Betz_Wadsworth Development Group d. Written testimony: None e. Staff presenting application: Stacy Hersh_Associate Planner £ Other Staff commenting on application. None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Pedestrian safety accessing Building A through the parking lot. 4. City Council change(s)to Commission recommendation: a. Add a pedestrian walkway on the site that provides pedestrian safety from the Dutch Bros parking lot on the east to Building A on the west: include the revised plan with the FFCL's for approval. EXHIBITS A. Existing Conceptual Development Plan&Building Elevations ' I 1 EAGLE&USTICX Pure A Meridian Gty Council Alee!ng Agenda Septcmtw.r 17,M19 Page 68 o/259 B. Revised Conceptual Development Plan(Date: 2/22/2023) — N 9y D a 1 131 Lar1-.53ACRES 1 � 1 01 LOT 3-1.19 ACRO 1 _ 1 New ng 1 are cononcr?t? � across aspralt 1 1 �tlrre mru anes �N?N con—le 1 1 1 walkrlay i,msetlj 1 New=p,.ng A—El"t J 1 - A—Exwtlng ,Ifl� DMeA rde � DrNe AW w 1 1 f In � 1 � If ! II � II 1 — 1 Eawung 1 1 Parking to 1 1 ja1 Lars � 1 �•, 1 1 1 1 1 4- 1 LEGEND --____—� EXISTING IMPROVEMENTS(TO REMAIN AS-IS) PAD DELINEATION i a wi� C. Proposed Dutch Bros. Coffee Site Plan(date: 10/11/2022) DUTCH BROS.CODE-ID0608-MERIDIAN,ID E yy # PREULINARY WE FLAN q � '— E. USTICK ROAD '----------- --- —�----�- -- — __-- =- _ - -- -- — — — ,� ENGINEER DEVELOPER ! _ ----- ---.--- - --� -- -- - - - ¢¢, .., - PROJECT Dwrw •::.'�:.;:::;:::•:•:•'_•::::: :�•::- :•:•:F I — ' ' '•. .c. i snElxwRxwrwx sDEUELGPNExr xorEs ,..^. I n i ' �. , - -_ 1 PRELIMINARY NOT FOR CONSTRUCTION t D. Proposed Dutch Bros. Coffee Landscape Plan(dated: 7/21/2022) DUTCH BROS.COFFEE-IDDOW-MERIDIAN,D LANDSCAPE PLANTING E.Uelkk Fb6d � "ear MS�EpI1lE w..w..uwwur c. ma- ra ^ NN I- =— 'cin[Rr-_—F: �,-.'"'�_--.' � aF � uc, - .—. V „ , w..u.,.a.vu.. rn r •a n � �g i -s._...-�I = �--�az �.M _� -✓®� e� E�a__ .,.� ,_.n_s._.� cry 9,3� �,. > I _µPRELIMINARY NOT FOR CONSTRUCTION E. Dutch Bros. Coffee Proposed Elevations (Not Approved) SIDING SCHEDULE DUTCH BROS DUTCHBROS ma Fir ...="k-i GNICH �111$10S� �I IDMI I EUS��I MERIMW �I08 EAST ELEVATIONARCHITECTURE STUDO IMI M SANDY SUM.SUITE 1W I PDRT D.M 97214 1 WL .Wlg I 1,503.241 1 A WTW,2022 FA�AS SIDING SCHEDULE DUTCk BROS C, PAP DUTCHBROS Q, ML -a—arw is on GNICHpyTpl I—EUST--I MERI—.IDI— Q NORTH ELEVATION-MIALIKUPMNDOW ARCHITECTURE 'STUDIO a_ I001SESANDYBM,SUITEI00I�DRRANDM9T1141.GnitlW ,.Iv503M2%791f5 24170551AUGUSTW,= PAGE AS SIDING SCHEDULE — I Durc��N BROS, a-77 Sao n <aoww ■ Cil 30. SCALE: 3Ar=1'-0' GNICH v s 1a m CARCHITECTURE DIITCN6ROSCOEFEE I IooeDe 1 m EUSTICKROAD I MMDIAN,l[)3 WEST ELEVATION ARCHI STUDIO m� 1001 SESANDYBLVD.SUITE 100 I PORT D.OR 97214 I xwa.GndiAml I v M3.552 9079 1 1.50324170 I AUGUST02,2022 PAGE A7 _ SIDING SCHEDULE m I DurcNBRos I • .a .=1 t �.� T. sc- GNICH DUTCH WWS COFFEE I I00803I 30S5 E USTICK ROAD I MERIDUW.ID 83848 n SOUTH ELEVATION-DRNE-THRU WINDOW ARCHIT ECT LJRF _ $7 DI0 1001SESANDYBLV.SUNEim I PORT D,OR 97214 1 w CnklW ,com b.503.552.907911.5032417OJ AUGLST02,2022 PAGEAB FIBER CEMENT BOARD FNER CEMENT BOARD FlBERCEIENTBOARD CMU MANUFACTURE I- NICHIHA MANUFACTURER NICHIRA w I�NICHM MANUFACTURER:WIUAETTE- PROFILE ILLUMIINIATION PROFILE:ILUUMIINIATION PH VINTAGEWOOD GRAYSTONE COLOR:BLDG DR BLUE COLOR BLDG DBDARK GRAY .OR:ASH PROFILE:SLITFACE COLOR:CHARCOAL,OR SIM. CAN SOFFITWINDOW SYSTEM AWNINGS DOORS-PAINT ROOFING MATERIAL MANII� --F HEWN MANUFACTURER.KAWNEER OR SIMILAR SHE WIN-WIII LAMS DUR04AST PROI-.: NW SPRUCE PROFILE:CLEARANODIZE DALUMINUM RI DG DR GRAY DARK DL{A-6DMIL NATURAL B SEALED FINISH CUEARN0141l7 _. WHITE GG �/ COLOR PER MFR A' fTECTURE WrCN SOS COFFEE I IDOWS 13M5 E USTICK ROAD I MMDIAN,M83 MATERIAL BOARD S I UIIIIO 101"SE SANDYBLYD,SUITE 100 I PORMND,OR 97214 1—GNdA h.— v.503.552.9079 11,503.241.70W 1 AUGUST 02.2022 PAGE A9 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The amended DA shall be signed by the property owner(s) and returned to the City within six(6) months of City Council granting the subject modification. A certificate of zoning compliance and administrative design review application cannot be submitted until the DA is executed. Applicant shall develop the property consistent with the revised conceptual development plan in Section VILB,Exhibit B of the Staff Report. Conditional Use Permit: 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. The stacking lane, and menu location(s),and window location shall be depicted in accord with UDC 11-4-3-11 B. b. All mechanical equipment on the back of the building and outdoor service and equipment areas should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. c. Additional signage and parking lot striping is required throughout the site to efficiently and adequately direct patrons to the menu boards and throughout the site with minimal conflict. d. Depict landscaping in the landscape buffer along E.Ustick in accord with the standards listed in UDC 11-3B-7C.3: landscape buffers along streets shall be designed and planted with a variety of trees, shrubs,lawn,or other vegetative ground cover that elicit design principles including rhythm,repetition,balance,and focal elements. With the CZC submittal,the landscape plan shall be revised to show the required mix of materials (i.e.,trees,shrubs,River Rock Mulch)in the landscape buffer adjacent to Ustick Road. c. Depict landscaping in the perimeter buffer along the drive aisles and drive-through lanes in accord with the standards listed in UDC 11-3B-8C;the perimeter landscape buffer shall be planted with one Class II or Class III tree per thirty-five (35)linear feet and shrubs,lawn,or other vegetative ground cover. With the CZC submittal,the landscape plan shall be revised to show the required mix of materials(i.e.,trees, shrubs,River Rock Mulch)in the parking lot perimeter landscape buffers to the north, south,and west of the drive-through lanes. f. Depict signage ahead of each pedestrian crossing in the drive-through lane notifying drivers to watch out for pedestrians. g. The pedestrian walkway that runs through the drive-through lane connecting to Building A shall be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete,or bricks per UDC 11-3A-19.B.4. 3. Compliance with the standards listed in UDC 11-4-3-11—Drive-Through Establishment and standards listed in UDC 11-4-3-49—Restaurant is required. 4. Per the Development Agreement(Instrument 92019-121599),a 10-foot wide multi-use pathway with a use casement and pedestrian lighting and landscaping shall be installed adjacent to N. Eagle Road/SH-55 as set forth in UDC 11-3H-4C.3 5. Submit elevation of the trash enclosure o that generally matched the proposed building design. 6. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19; the design standards listed in the Architectural Standards Manual and with the Development Agreement. 7. The conditional use permit is 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 as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-513-61F. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Ensure no sewer services cross infiltration trenches. 2. Minimum 14 foot wide paved or gravel road required to existing sewer manholes in the sidewalk adjacent to Eagle Rd. 3. Ensure that trees are not planted in easements for water services. 4. Any unused fire line stubs must be abandoned per City Standards. 5. The existing public water easement does not cover all of the existing water service and water meter. A public water easement will be required over any portion. General Conditions of Approval 1. 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. 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. 2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). 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. 3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 4. 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. 5. 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. 6. 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. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 13. 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. C. FIRE DEPARTMENT No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) No comments were submitted. F. ADA COUNTY HIGHWAY DISTRICT(ACHD) No comments were submitted. G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancioy oEg/WebLinkIDocView.aspx?id 282984&dbid O&repo MeridianCiU IX. FINDINGS A. Conditional Use Permit(UDC 11-513-6E) The Council shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section VI for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Council finds the proposed restaurant with a drive-through will be harmonious with the is allowed as a Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section VI of this report. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds the design, construction, operation and maintenance of the proposed use will be be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal, water,and sewer. Council finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke, fumes,glare or odors. Council finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005,eff. 9-15-2005). Council finds the proposed use will not result in the destruction, loss or damage of any such features. E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement for Franklin Annexation (H-2022-0090) by The Land Group, Inc. for Property Located at 2975 E. Franklin Rd. ADA COUNTY RECORDER Trent Tripple 2023-019375 BOISE IDAHO Pgs=28 BONNIE OBERBILLIG 04/05/2023 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Falcon Properties LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 4th day of April , 2023, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642, and Falcon Properties LLC,whose address is PO Box 2255,Wenatchee,WA, 98801,hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of annexation and zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 2.53 acres of land with the C-C (Community Business) zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council 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 7th day of March, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order DEVELOPMENT AGREEMENT—FRANKLiN ANNEXATION(H-2022-0090) PAGE 1 OF 7 ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho,organized and existing by virtue of law of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Falcon Properties LLC, whose address is PO Box 2255, Wenatchee, WA 98801, hereinafter called OWNER/DEVELOPER, the party that owns and is developing said 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 as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. DEvELop ENT AGREEMENT-FRANKLIN ANNExAnoN(H-2022-0090) PAGE 2 of 7 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. Future development of this site shall be generally consistent with the conceptual development plan included in Section VIILB and the provisions contained herein. b. A cross-access/ingress-egress easement shall be recorded granting access to the property to the west (Parcel AS1117110550) across the subject property for interconnectivity and access via E. Franklin Rd. A copy of the recorded access easement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. C. The design of all future structures on the site shall comply with the design standards in the City's Architectural Standards Manual. d. The southern building shall not exceed 35 feet in height. e. The southeastern trash enclosure shall be located away from the County residences to a more central location on the site. f. The applicant shall construct a 6-foot-tall vinyl fence along the entire western boundary of the Royer property(Parcel#R3273160035). 6. COMPLIANCE PERIOD This Agreement must be fully executed within six(6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner/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 Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence DEvELop ENT AGREEMENT-FRANKLIN ANNEXATION(H-2022-0090) PAGE 3 of 7 and continuity. 7.3 Remedies.In the event of default by Owner/Developer that is not cured after notice from City 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 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. 7.5 Delay. hi 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. 7.6 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 third reading of the Meridian Zoning 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. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEvELop ENT AGREEMENT-FRANKLIN ANNEXATION(H-2022-0090) PAGE 4 OF 7 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 unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: with copy to: Falcon Properties LLC Land Management Services, Inc. PO Box 2255 1021 E. Ste. Lucia Dr. Wenatchee, WA 98801 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives,including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners DEvELop ENT AGREEMENT-FRANKLIN ANNExAnoN(H-2022-0090) PAGE 5 of 7 shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. 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: hi 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 annexation and zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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; acknowledgements, signatures and Exhibits A and B follow] DEvEi,op ENT AGREEMENT-FRANKLIN ANNEXATION(H-2022-0090) PAGE 6 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Falcon Properties LLC 7l�CS�c/CY1T By: CmACO JrH095;rM4FA/7 LORP671ZA770N, tfs MAN4aCX STATE OF / Od ) ss: County of 64& e ) On this/q day of f�11 r� 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared '7'lj pMgs DTr , known or identified to me to be the y ✓ of Falcon Properties LLC and the person who signed above and acknowledged to me that he executed t e same. IN WITNESS WjQEOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above�% t�J Xzz x 4A OtAgy'r •� = Notary Public _ 01.0 r My Commission Expires: 0/-V •X0 J-7 s �• Pusuc Ict yeti 4�••.... CITY OF MERI tO ATTEST: By: Mayor Robert E. Simison 4-4-2023 Chris Johnson, City Clerk 4-4-2023 STATE OF IDAHO ) ss County of Ada ) On this 4th day of April ,2023,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMEW AGREEMENT-FRANKLIN ANNEXA"rION(H-2022-0090) PAGE 7 OI-7 EXHIBIT A LEGAL DESCRIPTION %= THE Page 1 OF 1 0 LAND �� GROUP November 12,2022 Project No.:121152 EXHIBIT"A" 2975 E.FRANKLIN ROAD ANNEXATION-REZONE DESCRIPTION A parcel of land located in the Northeast 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 Northeast Corner of Section 17 of said Township 3 North,Range 1 East,(from which point the North Quarter Corner of said Section 17 bears North 89`W33"West,2570.99 feet distant); Thence from said Northeast Corner,North 89"54'33"West,a distance of 677.51 feet on the north line of said Section 17 to the POINT OF BEGINNING; Thence South 00`05'27"West,a distance of 40.00 feet to a point on the southerly right of way line of East Franklin Road; Thence South 68°41'13"East,a distance of 85.95 feet to a point common with the westerly boundary line of that parcel shown on Record of Survey No.3979 of Ada County Records; Thence South 38°51'31"East,a distance of 70.59 feet on said westerly boundary line to the north most corner of Lot 6,Block 1 of Greenhill Estates No.3,as same is shown on the Plat thereof recorded in Book 43 of Plats at Page 3487 of Ada County Records; Thence on the northerly boundary line of said Greenhill Estates No.3 for the following courses and distances: Thence South 48°08'56"West,a distance of 75.70 feet; Thence South 00°06'01"West,a distance of 246.20 feet; Thence North 89"53'58"West,a distance of 260.00 feet; Thence North 87'41'30"West,a distance of 0.79 feet to the southeast corner of that parcel described in Warranty Deed Instrument No.799015 of Ada County Records; Thence North 00'03'06"East,a distance of 382.73 feet on the east boundary line of said Warranty Deed parcel to a point on the southerly right of way line of East Franklin Road; Thence North 00'02'02"East,a distance of 40.00 feet to a point on the north line of said Section 17; Thence South 89°54'33"East,a distance of 192.95 feet on the north line of said Section 17 to the POINT OF BEGINNING. The above described parcel contains 2.53 acres more or less. f PREPARED BY: AU LA � SL The Land Group,Inc. 4 a 7880 11-12-2022 sA o James R.Washburn d9 RTf DF J�10,q� R.11A "' 462 East Shore DnVe,Suite 100,Eagle, Idaho 83616 208 939.4041 thelandgroupmo.com NORTH QUARTER CORNER NORTH EAST CORNER SECTION 17 SECTION 17 T.3N.,RAE. T.3N.,RAE. CP8F INSTR.NO.1D4161984 E FRANKLIN ROAD CP&F INSTR.NO.2020-052068 (BASIS OF BEARING) 41; N89"54'33'1N2570-99' ` 5�8 5.9 .17 1700.53' �nPOB 54'33"E 192.95' 6".51' �J/C S.17S.16 C• C4 t'? N Iw 2975 E FRANKLIN ROAD AREA:±2.53 ACRES (110,022 SO.FT.) cc N M Iw Line Table o LINE BEARING LENGTH of z u7 Ll S00'05'27'W 40.00• n L2 S68'41'13•E ub.,N L3 S38,51'311 10.59 w 0 L4 S48°4856'W fS.Id o c/) L5 N00'WO2'E 40.(Xr N,� '41 30"W 0.79' N89"53'58'W 260.00' LA]Vb r ' gyp G Tf 7880 11 s o 'lq��rE 22 of�o�t~ Exhibit wsw 'wA 0 80' 160' Horizontal Scale:1°= 80' Prgecl No.:121152 a Dale of Issuame:11/1112022 THE 2975 E Franklin Road r LAND Annexation Description o f =GROUP City of Meridian r EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW M� ENty AND DECISION& ORDER In the Matter of the Request for Annexation of 2.53 Acres of Land with a C-C (Community Business)Zoning District for Franklin Annexation,by The Land Group. Case No(s). H-2022-0090 For the City Council Hearing Date of: February 21, 2023 (Findings on March 7, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 21, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 21, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2023,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 21, 2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 21, 2023, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FRANKLIN ANNEXATION AZ H-2022-0090 - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of February 21, 2023, 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 February 21,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FRANKLIN ANNEXATION AZ H-2022-0090 -2- By action of the City Council at its regular meeting held on the 7th day of March 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert Si ison 3-7-2023 Attest: � SF,AL Chris Joh on 30 ` 23 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Noj"�0-.qDated: 3-7-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FRANKLIN ANNEXATION AZ H-2022-0090 -3- STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING February 21,2023 Legend DATE: ID Project Location TO: Mayor&City Council 1 FROM: Sonya Allen,Associate Planner 19 _ �- - 208-884-5533 SUBJECT: Franklin Annexation hil . H-2022-0090 ®� LOCATION: 2975 E. Franklin Rd.,in the NE 1/4 of Section 17,T.3N.,R.IE. (Parcel 9S1117110201) L PROJECT DESCRIPTION Annexation of 2.53-acres of land with a C-C (Community Business)zoning district. IL SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.35-acres(2.53-acres annexation boundary) Future Land Use Designation Commercial Existing Land Use Single-family residential Proposed Land Use(s) Commercial(no specific uses are proposed) Current Zoning R2 in Ada County Proposed Zoning C-C(Community Business) Lots(9 and type;bldg/common) NA Phasing plan(9 of phases) 2 Number of Residential Units(type 0 of units) Physical Features(waterways, The Snyder Lateral crosses the northeast comer of the site. hazards,flood plain,hillside) History CPA-09-005(Macha Retail Plaza) B. Community Metrics Description Details Ada County Highway District 0 Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions • CIP/IFYWP Access(Arterial/Collectors/State Access is proposed via E.Franklin Rd.,an entryway corridor and arterial H /Local)(Existin and Proposed) street,at the western boundary of the site. Proposed Road Improvements None Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services I Connect sewer to existing main in Franklin Rd • Sewer Shed • Estimated Project Sewer Additional 125 gpd committed to model. ERU's • WRRF Declining Balance YAW decline balance is 14.57 MGD. • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Water • Distance to Services Connect water to existing main in Franklin Rd • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX II 1 I . M gas I W ■ ` y Q FRANKL-IN '� - ' FRAN N W � - �`��i it ■I .' •: 12 ■■■I/Llfi . 84 =^ ',1` 84 W ■■ ���� W � ��l�'111RQ � ■■ FRANKL-IN ■■■■■■■■■ii� i� � � r��11� ■■■■■■■■■■■■ten: ' , ■■■■loss ■■■■•�►_.;���. ain.un -s "� �■ ■ ,�I 84 ■■ -'j� 84 . 11 B. Owner: Rudy Lindbloom,Falcon Properties—PO Box 2255,Wenatchee,WA 98801 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper O1/04/2023 2/3/2023 Radius notification mailed to property owners within 500 feet 12/30/2022 1/30/2023 Public hearing notice sign posted 1/7/2023 2/11/2023 on site Nextdoor posting 12/30/2022 1/30/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The Commercial designation provides a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses,as well as appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design,connectivity,and amenities. Sample zoning include: C-N,C-C,and C-G. The subject property is proposed to develop with two(2)commercial structures,which should be consistent with the Commercial FLUM designation. Future uses will be allowed as listed in UDC Table 11-2B-2, Allowed Uses in the Commercial Districts. Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices." (3.07.01A) A 25 foot wide buffer is required for screening adjacent to the existing residential uses to the east and south, landscaped in accord with the standards listed in UDC 11-3B-9C, with development of the site. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements,access management,and frontage/backage roads,and promoting local and collector street connectivity." (6.01.02B) There are two (2)existing access driveways via E. Franklin Rd., an arterial street,for this site. One driveway is proposed to replace the two (2)existing driveways and a cross-access easement and driveway is proposed to the adjacent commercial property to the west for interconnectivity. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities." (3.03.03G) Curb,gutter and an attached sidewalk exists along the frontage of the site adjacent to E.Franklin Rd. Water and sewer utilities will be extended to this site with development. • "Minimize noise,lighting,and odor disturbances from commercial developments to residential dwellings by enforcing City Code." (5.01.01F) Lighting on the site should comply with the standards listed in UDC 11-3A-11 so as not to disturb adjacent residential uses. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms,etc.)." (3.07.01C) A 35 foot wide street buffer will be required with development along E. Franklin Rd., an entryway corridor and arterial street, landscaped per the standards listed in UDC 11-3B-7C. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, use of the existing septic system shall cease and future structures will be required to connect to City sewer service. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 2.53-acres of land with a C-C (Community Business)zoning district. A legal description and exhibit map for the annexation area is included in Section VIILA. This property is within the City's Area of City Impact boundary and contiguous to City annexed property and thus is eligible for annexation. There is an existing house and associated structures on this site that are proposed to be removed with development. There are two(2)existing driveways via Franklin Rd. A conceptual development plan was submitted as shown in Section VIILB that demonstrates how the property is anticipated to develop with a 3,360+/-square foot(s.f.)building pad that includes a drive- through and a 12,600+/-s.f. building pad with associated parking. Specific uses and tenants are unknown at this time although a restaurant(or coffee shop)is anticipated on the building pad nearest Franklin Rd. and possibly an office on the rear portion of the property. Future uses will be allowed as listed in UDC Table 11-2B-2,Allowed Uses in the Commercial Districts,for the C-C zoning district. Professional services(i.e. office)and restaurants(i.e. coffee shop)are listed as principal permitted uses in the C-C zoning district. A drive-through establishment is required to comply with the specific use standards listed in UDC 11-4-3-11,which require approval of a conditional use permit because the use is within 300-feet of a residential use and district. Future development is subject to the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. Franklin Road is fully improved with 5-travel lanes,vertical curb,gutter and sidewalk adjacent to this site;therefore,no additional right-of-way dedication or road improvements are required with development of this property per the ACHD report in Section IX.E. An access driveway is proposed along the west boundary of the site via E.Franklin Rd.,an arterial street and entryway corridor,in alignment with N. Olson Ave. on the north side of Franklin Rd.;the existing access driveways are proposed to be closed.A cross-access easement(Inst. 92017-103145)exists to this property from the property to the west(Parcel#S 1117110550); a reciprocal cross-access easement should be granted to the property to the west(Parcel#S 1117110550) for interconnectivity and access via Franklin Road to reduce access points on the arterial street. A copy of the recorded cross- access/ingress-egress easement should be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. Staff does not recommend a shared access driveway is provided to the property to the east because of the right-turn lane on Franklin Rd. that exists in front of the property to the east. Restaurants are subject to the specific use standards listed in UDC 11-4-3-49,which requires a minimum of one (1)parking space to be provided for every 250 s.f of gross floor area. Professional services and other non-residential uses require a minimum of one (1)off-street parking space to be provided for every 500 s.f of gross floor area. Based on the total area of the building footprints depicted on the conceptual development plan (i.e. 15,960+/-square feet),a minimum of 64 off-street parking spaces are required to be provided on the site at the most restrictive parking standard(i.e. one space per 250 square feet); a total of 126 spaces are proposed. The concept plan states a total of 59 parking spaces are planned to be dedicated to the existing office use to the east through a cross-parking agreement,which leaves a total of 67 spaces for this site for future uses,exceeding UDC standards. With development of the site,a 35-foot wide street buffer will be required along E.Franklin Rd.,an arterial street and entryway corridor,landscaped per the standards listed in UDC 11-3B-7C; parking lot landscaping will be required per the standards listed in UDC 11-3B-8C; a 25-foot wide buffer to adjoining residential uses will be required,landscaped per the standards listed in UDC 11-3B-9C, and sidewalk is required to be installed along Franklin Rd. in the areas where the existing driveways are located in accord with UDC 11-3A-17. Conceptual building elevation photo examples were submitted,included in Section VIILC,that demonstrate what future buildings constructed on the site may look like. Final design is required to comply with the design standards in the City's Architectural Standards Manual. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. VIL DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on January 19,2023. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Suimnary of Commission public hearing a. In favor: Tamara Thompson,The Land Group(Applicant's Representative) b. In opposition:None C. Commenting: Kent Brown,Amanda Taylor,and Brenda&Eric Royer d. Written testimony: Tamara Thompson,The Land Group (in agreement with staff report) e. Staff presenting application: Bill Parsons f Other Staff commenting on the application:None 2. Ke, ids)of public testimony a. Noise associated with trash pick-up and the relocation of the trash enclosure from the southeast corner of the site. IL Fencing and landscaping adjacent to the existing County residences. 3. Ke, ids)of discussion by Commission: a. Continue to work with the County residents on landscaping, fencing,and relocation of the trash enclosure to a more appropriate location. 4. Commission change(s)to Staff recommendation: a. Commission added a DA provision restricting the height of the southern buildin to o 35 feet. b. Commission added a DA provision requiring the southeastern trash enclosure to be moved away from the County residences to a more central location on the site. 5. Outstanding issue(s) for City Council: None C. The Meridian City Council heard this item on 2/21/2023. At the public hearing. the Council moved to approve the subject AZ request. 1. Summary of the City Council public hearing: a. In favor: Tamara Thompson_ The Land Group(Applicant's Representative) b. In opposition: None C. Commenting: Eric Rover d. Written testimony:None C. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Fencing and landscaping on the eastern boundary_ specifically the Rover property 3. key issue(s)of discussion by City Council: a. Solid fencing along the eastern boundary- b. Removal of the landscaping and parking in the area where cross access with the Jump Time property is to occur. 4. City Council change(s)to Commission recommendation: a. Council added a new development agreement provision requiring a 6-foot tall vinyl fence to be constructed along the western boundary of the Rover property (R3273160035). VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map LEGAL DESCRIPTION %= THE Page 1 OF 1 LAND GROUP November 12,2022 Project No.:121152 EXHIBIT"A" 2975 E.FRANKLIN ROAD ANNEXATION-REZONE DESCRIPTION A parcel of land located in the Northeast 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 Northeast Corner of Section 17 of said Township 3 North,Range 1 East,(from which point the North Quarter Corner of said Section 17 bears North 89`W33"West,2570.99 feet distant); Thence from said Northeast Corner,North 89"54'33"West,a distance of 677.51 feet on the north line of said Section 17 to the POINT OF BEGINNING; Thence South 00`05'27"West,a distance of 40.00 feet to a point on the southerly right of way line of East Franklin Road; Thence South 68°41'13"East,a distance of 85.95 feet to a point common with the westerly boundary line of that parcel shown on Record of Survey No.3979 of Ada County Records; Thence South 38°51'31"East,a distance of 70.59 feet on said westerly boundary line to the north most corner of Lot 6,Block 1 of Greenhill Estates No.3,as same is shown on the Plat thereof recorded in Book 43 of Plats at Page 3487 of Ada County Records; Thence on the northerly boundary line of said Greenhill Estates No.3 for the following courses and distances: Thence South 48°08'56"West,a distance of 75.70 feet; Thence South 00°06'01"West,a distance of 246.20 feet; Thence North 89"53'58"West,a distance of 260.00 feet; Thence North 87'41'30"West,a distance of 0.79 feet to the southeast corner of that parcel described in Warranty Deed Instrument No.799015 of Ada County Records; Thence North 00'03'06"East,a distance of 382.73 feet on the east boundary line of said Warranty Deed parcel to a point on the southerly right of way line of East Franklin Road; Thence North 00'02'02"East,a distance of 40.00 feet to a point on the north line of said Section 17; Thence South 89°54'33"East,a distance of 192.95 feet on the north line of said Section 17 to the POINT OF BEGINNING. The above described parcel contains 2.53 acres more or less. f PREPARED BY: AU LA � SL The Land Group,Inc. 4 a 7880 11-12-2022 sA o James R.Washburn d9 RTf DF J�10,q� R.WJ&L 462 East Shore DnVe,Suite 100,Eagle, Idaho 83616 208 939.4041 thelandgroupmo.com NORTH QUARTER CORNER NORTH EAST CORNER SECTION 17 SECTION 17 T.3N.,RAE. T.3N.,RAE. CP8F INSTR.NO.1D4161984 E FRANKLIN ROAD CP&F INSTR.NO.2020-052068 (BASIS OF BEARING) 41; N89"54'33'1N2570-99' ` 5�8 5.9 .17 1700.53' �nPOB 54'33"E 192.95' 6".51' �J/C S.17S.16 C• C4 t'? N Iw 2975 E FRANKLIN ROAD AREA:±2.53 ACRES (110,022 SO.FT.) cc N M Iw Line Table o LINE BEARING LENGTH of z u7 Ll S00'05'27'W 40.00• n L2 S68'41'13•E ub.,N L3 S38,51'311 10.59 w 0 L4 S48°4856'W fS.Id o c/) L5 N00'WO2'E 40.(Xr N,� '41 30"W 0.79' N89"53'58'W 260.00' LA]Vb r ' gyp G Tf 7880 11 s o 'lq��rE 22 of�o�t~ Exhibit wsw 'wA 0 80' 160' Horizontal Scale:1°= 80' Prgecl No.:121152 a Dale of Issuame:11/1112022 THE 2975 E Franklin Road r LAND Annexation Description o f =GROUP City of Meridian r B. Conceptual Development Plan shoat Motes: THE LAND GROUP LS 17 it \z — —`♦C� \ ` ��` \ )� A \ ^\\ vsrucar�e I __-____-- ♦ ♦ \``� ICAI[D IO WSIINGgfICE C \ LL. O 9 i,�,- \ LLI {6 Ln n a= 0 Iz,soa s r— i - Overall Site Plan C2.00 .1 1 • 7 . Y r a .JA � ..r ■ p ,! IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property.Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,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 IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VIII.B and the provisions contained herein. b. A cross-access/ingress-egress easement shall be recorded granting access to the property to the west(Parcel#S 1117110550)across the subject property for interconnectivity and access via E. Franklin Rd. A copy of the recorded access easement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy on the site. c. The design of all future structures on the site shall comply with the design standards in the City's Architectural Standards Manual. d. The southern building shall not exceed 35 feet in height. e. The southeastern trash enclosure shall be located away_ from the County residences to a more central location on the site. f. The applicant shall construct a 6-foot tall vinyl fence along the entire western boundary of the Rover property(Parcel#R32731600351. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Ensure no sewer services cross infiltration trenches. 1.2 Two buildings cannot run off the same sewer service line. 1.3 Cleanout must be replaced with manhole when transitioning from sewer main to service line. 1.4 Ensure manhole is not in curb or gutter. 1.5 Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences, infiltration trenches,light poles,etc.)are built within the utility easement. 1.6 Provide 10' separation between fire hydrant and sewer main. 1.7 Fire hydrant is required at end of the water main dead end. If it works with fire requirements you can move the proposed hydrant at the front of the site. If not add an additional hydrant. 1.8 Existing well to be used for irrigation must not have any cross connection with potable water. 1.9 Water main, fire hydrant,and water service require a 20 easement. Extend easement 10 beyond the end of the main, fire hydrant,and water meter. 1.10 A streetlight will be required along Franklin Rd. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 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.oMIgublic works.aspxTid 272. 2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.20 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. C. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.oLgLKebLink/Doc View.aspxTid 285103&dbid 0&repo Meridian City D. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancioy orgi ebLink/DocView.aspxTid 285758&dbid 0&repo MeridianQU E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.oLg/WebLinkIDocView.aspxTid 285924&dbid O&repo MeridianCity F. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancioy oEgi ebLinkIDocView.aspxTid 285789&dbid O&repo MeridianCiU G. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID) hyps://weblink.meridiancity.org/WebLink/DocView.aspxTid 286290&dbid 0&repo MeridianCiU X. FINDINGS Annexation and/or Rezone(UDC 11-511-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with a C-Czoning district and develop the site with commercial uses is consistent with the Commercial FL UM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to C-C and development generally complies with the purpose statement of the commercial districts in that it will provide for the retail and service needs of the community in accordance with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed commerial uses should be compatible with adjacent single-family residential and commercial/office uses in the area. 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 City services are available to be provided to this development. Because commercial uses are proposed, there shouldn't be any adverse impact on the school district. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement for McDermott Village (H-2022-0056) by Boise Hunter Homes for Property Located at 3235 N. McDermott Rd. ADA COUNTY RECORDER Trent Tripple 2023-019413 BOISE IDAHO Pgs=85 BONNIE OBERBILLIG 04/05/2023 09:40 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Pacific McDermott Village Apartments LLC, Owner/Developer 3. Woodside Avenue Investors LLC,Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 4th day;of April 2023 by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Pacific McDermott Village Apartments LLC, whose,address is 430 East State Street, Suite 100, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER, and Woodside Avenue Investors LLC, whose address is 923 S. Bridgeway Place, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. 1. . RECITALS: 1.1 WHEREAS,Owners are the sole owners,in law and/or equity, of certain tract of land in the County of Ada,State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code§ 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and - 1.3 WHEREAS, City has exercised its statutory "authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"),which authorizes development,agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for annexation and zoning of 40.05 acres of land with a request for the R-15(17.12 acres), R-40 (15.85 acres), and C-G (7.08) zoning districts on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made;and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS,the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council includes DEVELOPMENT AGREEMENT-MCDERMOTT VILLAGE(H-2022-0056) PAGE 1 of 8 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 20t' day of December, 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 and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Pacific McDermott Village Apartments LLC,whose address is 430 East State Street, Suite 100,Eagle,ID 83616-5901,hereinafter called O"ER/DEVELOPER,and Woodside Avenue Investors LLC, whose address is 923 S. Bridgeway Place, Eagle, ID 83616, hereinafter called O"ER/DEVELOPER, the parties who own said 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 as in Exhibit "A" describing a parcel to DEVELOPMENT AGREEMENT-MCDERMOTT vII.LAGE(H-2022-0056) PAGE 2 OF 8 bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of the subject property shall be generally consistent with the conceptual development plan, site plan, preliminary plat, conceptual phasing plan, landscape plan, open space and site amenity exhibits, and conceptual building elevations submitted with the application contained herein. b. The two (2) commercial buildings proposed on the northern portion of the site shall be arranged to create some form of common, usable gathering area, such as a plaza or green space as depicted on the conceptual development plan in accord with the mixed-use guidelines in the Comprehensive Plan (see pg. 3-13). c. A minimum 25-foot wide buffer shall be provided on the C-G zoned property to the future multi-family residential uses in this development as set forth in UDC Table 11-2B-3, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3B-9C.2. The buffer shall be landscaped in accord with the standards listed in UDC 11-3B-9C. d. Noise mitigation shall be provided within the buffers along future SH-16 in accord with the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. e. Private streets shall be required within the multi-family development for addressing purposes and shall comply with the standards listed in UDC 11-3F-4. The private street application shall be submitted prior to or concurrently with the final plat application. f. A 10-foot wide multi-use pathway shall be provided within the street buffer along N. Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement. g. The final plat shall be recorded prior to issuance of building permits for any structures within this development. h. All future structures constructed on this site shall comply with the applicable design standards contained in the Architectural Standards Manual. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT-MCDERMOTT vu-LAGE(H-2022-0056) PAGE 3 OF 8 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner and/or Developer,or Owner and/or 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 Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this agreement, Owner and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-651 IA, 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 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. 7.5 Delay. hi the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance,which shall include, without limitation,acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver.A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City DEVELOPMENT AGREEMENT-MCDERMOTT Vu.LAGE(H-2022-0056) PAGE 4 OF 8 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION:City shall record this Agreement,including all of the Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner/Developer agree to provide,if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed, and accepted by the City,or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3)days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: 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: OWNER/DEVELOPER: Pacific McDermott Village Apartments LLC Woodside Avenue Investors LLC 430 E. State St. Ste. 100 923 S. Bridgeway Pl. Eagle, ID 83616-5901 Eagle, ID 83616 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. DEVELOPMENT AGREEMENT-MCDERMOTT vnLAGE(H-2022-0056) PAGE 5 OF 8 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. 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 and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written,express or implied,between Owner and/or Developer and City,other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-MCDERMOTT Vu.LAGE(H-2022-0056) PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Pacific McDermott Village Apartments LLC i 4 I By: CAS ftvft-� Its: STATE OF IDAHO ) ss: County of Ada ) On this i-1 day ofd4 2023,before me,the undersigned,a Notary Public in and for said State, personally appeared known or identified to me to be the IA#uKWW of Woodside Investors LLC,and the person who signed above and acknowledged to me that he executed thV same on behalf of said Company. IN WITNESS WHEREOF,I have heremito set my hand and affixed my official seal the day and year in this certificate first allpyle ONE 1 CALLEN COMMISSION 065 M (;I AL) NOTARY PUBLIC Notary P bli STATE OF IDAHO My Commission Expires: 1 '1i1 MY COMMISSION EXPIRES 07/08/2027 OWNER/DEVELOPER: Woodside venue Investors LLC KTATE'OF J IDAHO ) ss: County of Ada ) On this day of �� __,2023,before me,the undersigned,a Notary Public in and for said State, �YI}personally appeared {S known or identified to me to be the of Woodside Avenue Investors LLC,and the person who signed above and acknowledged to me that he executEll the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate firsfabove written. KARA SCHOFIELD NW (SEAL) COMMISSION#40616 Notary Public NOTARY PUBLIC My Commission Expires: '7,'� STATE OF IDAHO MY COMMISSION EXPIRES 09/02/2027 DEVELOPMENT AGREEMENT—MCDERMOTT VILLAGE(H-2022-0056) PAGE 7 OF 8 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4-4-2023 Chris Johnson, City Clerk 4-4-2023 STATE OF IDAHO ) ss County of Ada J On this 4th day of April , 2023, 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 Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—MCDERMOTT VILLAGE(H-2022-0056) PAGE 8 OF 8 EXHIBIT A IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 IiG GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 McDermott Village Subdivision Annexation Boundary Description Project Number 21-578 June 15, 2022 The southeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: BEGINNING at the southeast corner of the southeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian: Thence N89°17'49"W, 1325.58 feet along the south line of the southeast quarter of the southeast quarter to the east sixteenth-section corner; Thence N00°33'07"E, 1316.23 feet along the west line of the southeast quarter of the southeast quarter to the southeast sixteenth-section corner; Thence S89°19'58"E, 1324.63 feet along the north line of the southeast quarter of the southeast quarter to the south sixteenth-section corner; Thence S00°30'38"W, 1317.06 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 40.05 acres, more or less. P� o � 3 4 Page I of l Z(;� Scale: 1"=400' 0 100 200 400 800 Legend S.32 S.33 E1/4 Q Property Corner Property Boundary Line — - - - - Parcel Line t - - - Section Line Do N I rn O N O O I I I I SE1/16 G 7� S89'19'58"E 1324.63' S1/16 O 1 LID 'A �i F F \pQ COicygEL S-'6 � N 0 W Cr ±40.05 Acres m E 0 0 o 0 om z (f) S.32 E1/16 S.32 S.33 S.5 T N89'17'49"W 1325.58' S.5 S.4 W. Ustick Rd. Point of Beginning P:\3235 N McDermott Ra Bndry 21-578\dwg\21-578 Anne,otion.dwq 6/15/2022 2.17:22 PM Job No. IDAHO Exhibit Drawing for 21-578 SURVEY 9955 OISW.EMERALDIDAHO837 4 BOISE,IDAHO 83704 Annexation Sheet No. (208)84"570 1 GROUP, LLC Situated in the southeast quarter of the southeast quarter of Section 32, Dwg. Date Township 4 North, Range 1 West, B.M., Ada County, Idaho. 6/15/2022 s89°19'58"e 1324.63 � 3 � M O N (p 00 M O O P.:bO M M V M O C O CL OF 1325.58 n89°17'49"w Annexation Closure 6/15/2022 Scale: 1 inch= 200 feet File: Tract 1:40.0525 Acres,Closure: n00.0000e 0.00 ft.(1/999999),Perimeter=5284 ft. 01 n89.1749w 1325.58 02 n00.3307e 1316.23 03 s89.1958e 1324.63 04 s00.3038w 1317.06 • IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 McDermott Village Subdivision Rezone C-G Boundary Description Project Number 21-578 August 17, 2022 A parcel of land situated in the southeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: BEGINNING at the east sixteenth-section corner of Section 32, Township 4 North, Range 1 West, Boise Meridian,which bears N89'17'49"W, 1325.58 feet from the southeast corner of Section 32: Thence N00'33'07"E, 448.20 feet along the west line of the southeast quarter of the southeast quarter; Thence S89'17'13"E, 724.69 feet to the centerline of the future Highway 16; Thence S09'45'00"W, 453.71 feet along the centerline of the future Highway 16 to the south line of the southeast quarter of the southeast quarter; Thence N89'17'49"W, 652.16 feet along the south line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 7.08 acres, more or less. ACl- �� S o � � 1 4 70 s Page 1 of 1 � 0 ygEC S . 0y N Scale: 1"=300' 0 75 150 300 600 Legend O Dimension Point Zone Boundary Line — - - Parcel Line - - - Section Line - - Center Line SE1/16 I S1/16 I � I ) \G (a Qf 11 34 _ ( o (n -41 9T CD I L �C711 S_�y� �� m o I 00 �-- L (D i o o i PO E S8917'1YE 00 m 724.69 (n w O N 3 I o 7.08 Acres z � Point of Beginnin�S.3— — — _ — — 652.16 S.325 S.4 S.33 S.5 1/18 - - - - - - — — — S. N89'17'49"W 1325.58' W. Ustick Rd. P.\3235 N McDermott Rd 8ndry 21-578\dwg\21-578 Rezone(C-G) Revl.dwg 8/17/2022 5.10.55 PM Job No. IDAHO Exhibit Drawing for 21-578 SURVEY 9955ED EMERALD HO8374 C—G Rezone Sheet No. So SE IAHO 8370 (208)846-8570 1 GROUP, LLC Situated in the southeast quarter of the southeast quarter of Section 32, Dwg. Date Township 4 North, Range 1 West, B.M., Ada County, Idaho. 8/17/2022 s89'17'13'e 724.69 00 O N O O to O Cr pb O h 652.16 n 17'4ww �f Of C-G Rezone Closure 8/17/2022 Scale: 1 inch= 100 feet File: Tract 1:7.0824 Acres(308508 Sq. Feet), Closure: s39.0250w 0.01 ft.(1/288907),Perimeter=2279 ft. 01 n00.3307e 448.2 02 s89.1713e 724.69 03 s09.4500w 453.71 04 n89.1749w 652.16 ' IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 IiG GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 McDermott Village Subdivision Rezone R-15 Boundary Description Project Number 21-578 August 17, 2022 A parcel of land situated in the southeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: BEGINNING at the southeast corner of Section 32,Township 4 North, Range 1 West, Boise Meridian: Thence N89'17'49"W, 673.42 feet along the south line of the southwest quarter of the southwest quarter to the centerline of the future Highway 16; Thence N09045'00"E, 1333.35 feet along the centerline of the future Highway 16 to the north line of the southeast quarter of the southeast quarter; Thence S89019'58"E, 459.33 feet along the north line of the southeast quarter of the southeast quarter to the south sixteenth-section corner; Thence S00030'38"W, 1317.06 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 17.12 acres, more or less. ST Cl- 1 4 Page IofI _47 �yF/' F���, cygFL S , gym N Scole 11"=300' 0 75 150 300 600 Legend Q Dimension Point Zone Boundary Line — - - - Parcel Line - - Section Line Center Line , i { SE1/16 - - - - - - - - s1/16 S89'19'58"E 459.33 3 2 L +I O U) r u rn .L "� v 4-10 in a) 4-1 m o 0 M 00 o Z' 17.12 M ,0 o Acres o o m o `< W 1 4 cygEL S.'b Point of Beginning S.32 1/16 673.42' — — — S.32 S.33 SS — — — S.5 S.4 — N89'17'49"W 1325.58' W. Ustick Rd. P.\3235 N McDermott Rd 8ndry 21-578\dwg\21-578 R—,,e(R-15) R-1 dwy 8/17/2022 5:10.27 PM Job No. IDAHO Exhibit Drawing for 21-578 9955 W.EMERALD ST. Sheet No. SURVEY BOISE,IDAHO 83704 R-15 Rezone (208)848-8570 1 GROUP, LLC Situated h.'"tfre southeast quarter of the southeast quarter of Section 32, Dwg. Date Township 4 North, Range 1 West, B.M., Ada County, Idaho. 8/17/2022 s89"19'58"e 459.33 OM O 00 ch A d M O �w M MM G O C 0 N V. 4 4 �� . 1 t. 673.42 n8 "17'49"w , R-15 Rezone Closure a�1 7/2022 Scale: 1 inch= 150 feet I File: Tract 1: 17.1223 Acres, Closure: n00.0000e 0.00 ft.(1/774457),Perimeter-3783 ft. 01 n89.1749w 673.42 02 n09.4500e 1333.35 03 s89.1958e 459.33 04 s00.3038w 1317.06 IDAHO 9955 W Emerald St Boise, ID 83704 SURVEY ' GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 McDermott Village Subdivision Rezone R-40 Boundary Description Project Number 21-578 August 17, 2022 A parcel of land situated in the southeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at the southeast corner of Section 32, Township 4 North, Range 1 West, Boise Meridian; Thence N89'17'49"W, 1325.58 feet along the south line of the southeast quarter of the southeast quarter to the east sixteenth-section corner; Thence N00'33'07"E, 448.20 feet along the west line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING: Thence continuing N00'33'07"E, 868.03 feet along the west line of the southeast quarter of the southeast quarter to the southeast sixteenth-section corner; Thence S89019'58"E, 865.29 feet along the north line of the southeast quarter of the southeast quarter to the centerline of the future Highway 16; Thence S09045'00"W, 879.64 feet along the centerline of the future Highway 16; Thence N89017'13"W, 724.69feet to the POINT OF BEGINNING. The above-described parcel contains 15.85 acres, more or less. LA s o G a_ 11 Page 1 of 1 �� 0 q cs f' S �y� NScale: 1"=300' 0 75 150 30C 600 Legend- Q Dimension Point Zone Boundary Line — - - - - — Parcel Line - -- Section Line Center Line i I SE1/16 S89'19'58"E S1/16 865.29 - - - - D AGE O i O � I 11 4 %ynp �Q. 15.85 Acres 199 o 00 6, � I o ir< Q1 Z Lj- 0 4_, 4-j m o to o Point of ' o Ln o Beginning 724.69 i o ° m N 89'17'13"W wI 0 oN ) o C6 I I 0 ZI - 5.32 E1/16 S.32 S.33 - - - - - - - - - N89'17'49"W 1325.58' W. Ustick Rd. P.\3235 N McDermott Rd Bndry 21-578\dwg\21-578 Rezone(R-40)Revl.dwg 8/17/2022 5:10:08 PM Job No. IDAHO Exhibit Drawing for 21-578 9955W.EMERALD ST. SURVEY R-40 Rezone BOISE,IDAHO 83704 Sheet N o. (208)846-8570 GROUP, LLC Situated in the southeast quarter of the southeast quarter of Section 32, Dwg. Date Township 4 North, Range 1 West, B.M., Ada County, Idaho. 8/17/2022 s89°19'58"e 65.29 pM O M �h O� O OD W C O 724.69 n89°17'1 "w LA 34 Of R-40 Rezone Closure 8/17/2022 Scale: 1 inch= 150 feet File: Tract 1: 15.8477 Acres,Closure:n71.4314e 0.01 ft.(1/432333),Perimeter=3338 ft. 01 n00.3307e 868.03 02 s89.1958e 865.29 03 s09.4500w 879.64 04 n89.1713w 724.69 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�- AND DECISION& ORDER In the Matter of the Request for Annexation of 40.05-Acres of Land with R-15 (17.12 acres), R-40 (15.85 acres) and C-G Zoning(7.08 acres); Preliminary Plat Consisting of 85 Building Lots [81 Townhome,One(1)Multi-Family and Three(3) Commercial] & Eight(8) Common Lots on 40.05- Acres of Land in the R-15,R-40 & C-G Zoning Districts; Conditional Use Permit for a Multi- Family Residential Development Consisting of 250 Dwelling Units on 12.19-Acres of Land in the R- 40 Zoning District; and a Variance to UDC Table 11-2A-7 to Allow 44 of the 81 Townhome Lots on the Eastern Portion of the Development to be Reduced from 2,000 to 1,694 Square Feet, by Woodside Avenue Investors,LLC. Case No(s).H-2022-0056&VAR-2022-0004 For the City Council Hearing Date of. December 13,2022 (Findings on December 20, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 13,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 13, 2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 13, 2022,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 - 1 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 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 annexation with the requirement of a Development Agreement, conditional use permit,preliminary plat and variance is hereby approved per the provisions in the Staff Report for the hearing date of December 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 11- 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -2- 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 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 11-5B-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 67-6511 A. 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 December 13,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -3 - By action of the City Council at its regular meeting held on the 20th day of December 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED A)�E COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED__A E_ COUNCIL MEMBER LUKE CAVENER VOTED_A,)�F COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simi6dn 12-20-2022 By Brad Hoaglun, Council President Attest: � SF,AL Chris Johnso 12-2,r - p22 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: _0n W Dated: 12-20-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MCDERMOTT VILLAGE AZ CUP PP H-2022-0056 VAR-2022-0004 -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING December 13, 2022 Legend DATE: � - fPro ec?Location `TO: Mayor&City Council FROM: Sonya Allen,Associate Planner - ----- 208-884-5533 SUBJECT: H-2022-0056;VAR-2022-0004 , McDermott Village—AZ,CUP,PP, VAR -- LOCATION: 3235 N. McDermott Rd. at the northwest corner of W.Ustick Rd. &N. McDermott Rd.,in the SE 1/4 of Section 32,TAN.,R.1W. (Parcel 4SO432429360 &9SO432429355) rj( L PROJECT DESCRIPTION Annexation of 40.05 acres of land with R-15 (17.12 acres),R-40(15.85 acres)and C-G zoning(7.08 acres); Preliminary plat consisting of 85 building lots(81 townhome, 1 multi-family and 3 commercial)&8 common lots on 40.05 acres of land in the R-15,R-40&C-G zoning districts; and Conditional Use Permit for a multi-family residential development consisting of 250 dwelling units on 12.19 acres of land in the R-40 zoning district. A Variance is also requested to UDC Table 11-2A-7 to allow 44 of the 81 townhome lots on the eastern portion of the development to be reduced from 2,000 to 1,694 square feet. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 40.05-acres(AZ);40.05-acres(PP); 12.19-acres(CUP) Existing/Proposed Zoning RUT in Ada County(existing);R-15,R-40&C-G(proposed) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Vacant/undeveloped land used for agricultural purposes Proposed Land Use(s) Mix of commercial(fuel sales facility&convenience store and flex commercial/office); and residential(i.e.multi-family apartments and townhomes) Lots(#and type;bldg./common) 85 buildable lots(81 townhome lots, 1 multi-family lot&3 commercial lots)and 8 common lots Phasing Plan(#of phases) 3 phases Number of Residential Units(type 250 multi-family apartment units& 81 townhome units of units) Physical Features(waterways, The Eight Mile Lateral runs across the northeast corner of this site and the hazards,flood plain,hillside) Sky Pilot Drain runs across the southern portion of the site. Neighborhood meeting date 5/25/22 Description Details History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was prepared by Kittleson&Associates,Inc. (yes/no) Access One access is proposed via S.Rolling Hill Dr.from E.Overland Rd.to the south; (Arterial/Collectors/State and two driveways will provide access from the commercial development to the Hwy/Local)(Existing and west via S. Silverstone Way from E.Overland Rd.(a signalized intersection Proposed) exists at Silverstone/Overland) Traffic Level Of Service Functional PM Peak Hour PM Peak Hour Roadway Frontage Classification Traffic Count Level of Service Ustick Road 1,304-feet Principal Arterial 321 Better than"E" McDermott Road 1,304-feet Collector* 100 Better than"D" Stub A public stub street is planned to the north boundary of this property with the Street/Interconnectivity/Cros Aviator Springs development(H-2021-0065).W.Endeavor St.to the west is s Access planned to stub/connect to the west boundary of this property when the abutting Flower property(#SO432438850)re-develops. Existing Road Network N.McDermott Rd.,a residential collector street&entryway corridor;and W. Ustick Rd.,a residential arterial street&entryway corridor,abut this site along the south and east property boundaries. Existing Arterial Sidewalks/ None Buffers Proposed Road Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • The intersection of Ustick Road and McDermott Road is scheduled in the IFYWP to be Improvements widened and reconstructed with design in 2026 and construction in the future. • Ustick Road is listed in the IFYWP and CIP to be widened to 5-lanes from Star Road to McDermott Road with design in 2026 and construction in the future. • Star Road is listed in the CIP to be widened to 5-lanes from Ustick Road to McMillan Road between 2031 and 2035. • The intersection of Ustick Road and Star Road is listed in the CIP to be widened to 4-lanes on the north leg, 4-lanes on the south. 5-lanes east, and 5-lanes on the west leg, and signalized between 2031 and 2035. SH-16 is planned to extend north/south through this property and an interchange is proposed at Ustick Rd. Approved rVIF da units Projected West Ada School District Approved lots per per attendance Students from Enrollment Capacity attendance area area Approved Dev. Pleasant View Elementary 614 650 3322 100 970 Star Middle School 893 1000 9667 321 880 Owyhee High School 1785 1800 6229 137 829 School of Choice Options Chief Joseph Elementary-Arts 524 700 N/A N/A Barbara Morgan STEM Academy 421 500 N/A N/A • Distance(elem,ins,hs) • Capacity of Schools • #of Students Enrolled Description Details • Predicted 9 of students 73 +/- generated from proposed development Police Service • Distance to Police 7.5 miles Station • Police Response Time 6:59 minutes-doesn't currently meet response time goal of 3-5 minutes; however,response times will drastically decline when the MPD precinct opens in the Fall. • Calls for Service 313 within a mile of the site between 6/l/20 and 5/31/22 • Accessibility PD requests police access into each building's entry point using a multi- technology keypad • Specialty/resource needs None—MPD can service this development&already serves this area. • Crimes 54 within a mile of the site between 6/l/20 and 5/31/22 • Crashes 8 within a mile of the site between 6/l/20 and 5/31/22 • Other For more info, see Section VIILD Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining 14.42 MGD Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/concerns Additional 11,691 gpd committed to model. Water • Distance to Water Services • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns C. Project Area Maps Future Land Use Map Aerial Map Legend legend Pro�ec Loca^or. '- 11/IlProec Lora-or --- '� IUM = �_- 'Cr RIdNrif I 1 Fie ds — Sub ea - 1 Ij Zoning Map Planned Development Map Rll T� zmzm= Legend AM Legend oProrec?Loc a ion V T R. Projec I Loc o-c- R-8 city❑� -- RUT R- € T — Plonned Porces �- E RUT C-C 10 ViV R X' �j �� IIII r` Iill A. Applicant: Todd Tucker,Boise Hunter Homes—729 S. Bridgeway Pl.,Eagle,ID 83616 B. Owners: James Hunter,Woodside Avenue Investors,LLC—923 S. Bridgeway Pl., Eagle, ID 83616 C. Representative: Same as Applicant III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 10/19/2022 11/27/2022 newspaper Notification mailed to property owners within 300 feet 10/13/2022 11/22/2022 Applicant posted public hearing 10/24/2022 12/2/2022 notice on site Nextdoor posting 10/13/2022 11/28/2022 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) Land Use: The Future Land Use Map (FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Regional(MU-R). Note: The Applicant requested this designation as part of the update to the Comprehensive Plan in 2019. The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D(pg. 3- 17). Sample uses,appropriate in MU-R areas would include: All MU-N and MU-C categories, entertainment uses,major employment centers,clean industry,and other appropriate regional-serving most uses. Sample zoning include: R-15,R-40,TN-C,C-G,and M-E Transportation: State Highway(SH) 16 is planned to extend through this site and an interchange is planned at Ustick Rd. ACHD's Master Street Map doesn't depict any collector streets planned across this site. The segment of Ustick Rd. that this site fronts on is designated on the MSM as a residential arterial with 5-lanes and on-street bike lanes within 100-feet of right-of-way. The segment of McDermott Rd.that the townhome portion of the development fronts on is designated on the MSM as a residential collector with 3-lane roadway,a 46-foot street section within 74-feet of ROW. Due to the extension of SH-16, sidewalk is required on only the east side of the roadway. Transit services are not available to this site. Proposed Development: The Applicant proposes to develop the site with two (2)land use types— commercial(includes retail,restaurants,etc.)and residential(i.e. multi-family and townhome).No employment or public uses are proposed and it's unlikely any of the proposed uses will have a regional draw.The site is designed with the commercial uses along Ustick Rd.,an arterial street,with an integrated plaza area between the two northern buildings and multi-family development to the north along future SH-16. Townhomes are proposed on the east side of future SH-16 along N. McDermott Rd.,a collector street.The proposed development is generally consistent with the conceptual MU-R plan in the Comprehensive Plan. This is the only property in this area with a MU-R designation;that along with the property being bisected by SH-16 in the future,which reduces the size of the property from 40 acres to 26.5 acres, makes it difficult to develop the property entirely consistent with the MU-R designation. Additionally,because an interchange is planned in this area and access is limited,the Comprehensive Plan states retail and auto-generated services should be minimized and transition rapidly from the interchange to residential uses near the County line,which the plan proposes.For these reasons, Staff is amenable to only two(2)land uses and the lower intensity of uses (i.e.primarily residential) proposed rather than more intense commercial uses as is typically desired in the MU-R designation. Additionally,because of the bifurcation of this property with the SH-16 extension,interconnectivity and a full integration of uses within the overall site is not possible as typically desired in mixed use designated areas. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics) • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed 26.5-acre development(after right-of-way is taken out for SH-16) includes two types of land uses commercial and residential. Because this is the only MU-R designated property in this area and the site is not very large and will be divided by a state highway, Staff is of the opinion the proposed number of land use types is sufficient. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The proposed development includes 250 multi family units at a gross density of 20.5 units per acre. The multi family portion of the project is located along the west side of future SH-16 and at the northwest corner of the future interchange at Ustick Rd.An employment destination center is not proposed but Owyhee High School exists directly to the west. High-density development is desired near schools so that students can walk to school, reducing bussing needs and traffic in the area. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed-Use designation." A conceptual development plan was submitted with the annexation request, included in Section VII.B.A Development Agreement that ties future development to this plan and the general guidelines for mixed use developments and specifically the MU-R designation is recommended as a provision of annexation. • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space. The conceptual development plan depicts a common plaza area between the northern two commercial buildings with a pedestrian walkway to the area from the southern lot(fuel facility/convenience store). • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." There is an existing low-density residential property along the west boundary of the site south of the Sky Pilot Drain adjacent to the proposed commercial uses.A public street(N. Glassford Ave)is proposed between the commercial buildings and the residential property but a buffer is not proposed to the residential property.A landscaped street buffer is proposed on the east side of the street.Per UDC Table 11-2B-3, a minimum 25 foot wide landscaped buffer is required on C-G zoned properties to residential uses, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners. • "Community-serving facilities such as hospitals,clinics,churches, schools,parks,daycares, civic buildings,or public safety facilities are expected in larger mixed-use developments." No such uses are specifically proposed in this development the tenants of the commercial buildings are unknown at this time. Owyhee High School is located directly to the northwest of this site and an LDS seminary and Boys& Girls Club has been conceptually approved to develop on the adjacent property to the north next to the school in close proximity to this site. Although these uses are not within the MU-R designation, they are still provided nearby. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas,open space,libraries,and schools are expected; outdoor seating areas at restaurants do not count." A plaza/gathering area is depicted on the conceptual development plan between the two northern commercial buildings; there are no other public and/or quasi public spaces or places proposed.As noted above, a high school exists to the northwest and an LDS seminary and a Boys & Girls Club are planned to develop in the Aviator Springs development directly to the north. • "Mixed use areas should be centered around spaces that are well-designed public and quasi- public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." No such spaces are proposed on the conceptual development plan.Although a "mix"of uses (i.e. commercial&residential) are proposed, Staff wouldn't consider this a true mixed-use development due to the lack of integration and connectivity within the overall site, which isn't possible due to the extension of SH-16 through the property. A plaza/common open space area is depicted between the two (2) northern commercial buildings, which Staff feels is appropriate given the development limitations for this site. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed commercial portion of the development is directly accessible to the multi- family residential portion of the development to the north and the single-family development further to the north (Aviator Springs)by both vehicles and pedestrians. Future SH-16 will separate the commercial and multi family development from the townhome development making it impossible for these uses to be directly accessible. Pedestrian pathways are proposed throughout the commercial and multi family development and a 10- foot wide pathway is proposed to the single-family development to the north for connectivity. • "Alleys and roadways should be used to transition from dissimilar land uses,and between residential densities and housing types." A roadway,parking area and landscape buffer is proposed between the commercial and multi- family development(150'between structures); and a 2-way drive aisle with parking on either side and a landscape buffer is proposed between the proposed multi family and future single- family development to the north (115'between uses)as a transition and buffer between uses. • "Because of the parcel configuration within Old Town,development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed-Use areas. Staffs analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre.There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry,or entertainment uses. Residential uses are proposed over 86%of the development area at an overall gross density of 14.58 units/acre, consistent with the density desired in MU-R designated areas. The gross density of the multi family portion is 20.5 units/acre and the townhome portion is 7.71 units/acre. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail/commercial uses are only proposed to comprise of 14%of the development area in accord with this guideline. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%), based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say,if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas,such as a park,tot-lot,or playfield,the developer is eligible for a 2:1 bonus. That is to say,if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue,and water feature),seating areas,and some weather protection. That would mean that by providing a • half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed on this site and the retail development area is below the allowed 50%. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed retail/commercial uses should be compatible with the existing low-density residential use to the west if a 25 foot wide buffer is provided with dense landscaping as required by UDC Table 11-2B-3 and 11-3B-9C.1 to minimize conflicts between land uses. The proposed multi family development should be compatible with future single-family residential uses to the north in Aviator Springs subdivision with the proposed separation in uses by drive aisles,parking and a densely landscaped buffer to minimize conflicts between higher and lower density residential uses; and to the high school to the west. The proposed townhomes should be compatible with existing low-density residential properties across McDermott Rd. to the east and any future redevelopment of that area with MU-1(Mixed Use Interchange) uses;and also, the future research and development use to the north, which is proposed to be separated by a 75 foot wide densely landscaped buffer. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play,and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability." (3.06.02B) The proposed apartments and townhomes will provide housing in close proximity to Owyhee High School which will reduce bussing and vehicle trips in the area. The proposed retail/commercial uses should provide benefits to future residents of being able to live, shop and possibly work nearby enhancing overall livability and sustainability. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments." (3.07.02A) The conceptual development plan depicts pedestrian pathways throughout the commercial and multi family residential developments and to the adjacent single-family residential development to the north (Aviator Springs)for interconnectivity. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police and Fire Dept. currently fall outside of response time goals; however; when the new MPD precinct opens in Fall of 2023 and Fire Station #8 is constructed and staffed in late summer of 2023, response time goals will be met. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) Safe pathway connections should be provided from the proposed multi family development to the abutting high school to the west. Usable open space and quality amenities are proposed with the multi family development that exceed UDC standards. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms,etc.)." (3.07.01C) A minimum 35 foot wide landscaped street buffer is required to be provided along future SH- 16 and N. McDermott Rd., both designated entryway corridors. Noise mitigation is required within the buffer along future SH-16 per the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. • "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves."(3.03.031) This property abuts City annexed land to the north and west; a large enclave area of County land exists to the east. This area is largely sprawl with a lot of properties still in Ada County to the east and southeast. The land directly to the south is within Canyon County s Area of City Impact boundary.Annexation of this property will not create additional enclaves and will actually decrease the existing enclave area. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities." (3.03.03G) Urban infrastructure as noted is required to be provided with development in accord with UDC standards. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC) A. Annexation: The proposed annexation is for 40.05 acres of land with R-15 (17.12 acres),R-40 (15.85 acres) and C-G zoning(7.08 acres). The proposed use of the property will include a mix of commercial uses,including a fuel sales facility&convenience store and flex commercial/office (tenants have not been identified at this time) on 3.8 acres in the C-G district,multi-family residential apartments on 12.19 acres in the R-40 district,and townhomes on 10.51 acres of land in the R-15 district. The right-of-way proposed to be dedicated for the future extension of SH-16 consists of 13.55 acres of land. A conceptual development plan was submitted,included in Section VILB below that shows how the overall property is planned to develop. Based on the analysis above in Section IV, Staff is of the opinion the proposed annexation,zoning and development plan is generally consistent with the Comprehensive Plan with the provisions noted in Section VIII as discussed herein. A multi-family development requires approval of a Conditional Use Permit(CUP)in the R-40 zoning district, subject to the specific use standards for such listed in UDC 11-4-3-27,and townhouse dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. Commercial/retail and fuel sales facility uses are listed as a principal permitted use in the C-G zoning district per UDC Table 11-2B-2,fuel sales facilities are subject to the specific use standards listed in UDC 11-4-3-20. Other uses may be allowed as noted in the Allowed Uses in the Commercial Districts Table 11-2B-2. The proposed uses and zoning districts are listed as appropriate uses and zoning in the Comprehensive Plan for the MU-R designated area. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VILA. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application, containing the provisions noted in Section VIILA, as discussed herein. B. Preliminary Plat: The proposed preliminary plat consists of 85 building lots(81 townhome, 1 multi-family and 3 commercial)&8 common lots on 40.05 acres of land in the R-15,R-40&C-G zoning districts. The Applicant anticipates the development will be constructed in three (3)phases with the multi- family development first,the townhomes second and the commercial last unless they get a demand for the commercial,then it might be second. Existing Structures/Site Improvements: There are no existing structures or improvements on this site. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and 11-2A-8 for the R-40 district; and UDC Table 11- 2E-3 for the C-G zoning district. Some of the R-15 zoned lots do not comply with the minimum lot size of 2,000 square feet per dwelling units; revisions are necessary to comply. Zero (0)lot lines should be graphically depicted on the plat on the internal lot lines where the townhomes are proposed (i.e.where structures are proposed to span across lot lines). Subdivision Design and Improvement Standards (UDC 11-6C-3 : Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Road Improvements [Capital Improvements Plan(CIP)/Integrated Five Year Work Plan (IFYWP)]: The intersection of Ustick Road and McDermott Road is scheduled in the IFYWP to be widened and reconstructed with design in 2026 and construction in the future.Ustick Road is listed in the IFYWP and CIP to be widened to 5-lanes from Star Road to McDermott Road with design in 2026 and construction in the future. Star Road is listed in the CIP to be widened to 5- lanes from Ustick Road to McMillan Road between 2031 and 2035. The intersection of Ustick Road and Star Road is listed in the CIP to be widened to 4-lanes on the north leg,4-lanes on the south, 5-lanes east,and 5-lanes on the west leg,and signalized between 2031 and 2035. See ACHD's staff report in Section V111.1 for more information. Access (UDC 11-3A-3 A public street access is proposed via W. Ustick Rd.,an arterial street,to the portion of the site west of future SH-16.A stub street is proposed to the property to the north(Aviator Springs)to connect to a planned stub street to this property.Another stub street(W. Endeavor St.)is proposed to the school property to the west for future extension and connection to N. Owyhee Storm Ave.,a collector street. Alleys/private streets are depicted on the plat in the proposed multi-family development. Private streets should be provided for addressing purposes. A private street application should be submitted prior to or concurrent with the final plat application. Two(2)accesses are proposed via N. McDermott Rd.,a collector street,to the portion of the site east of future SH-16.McDermott Rd. is planned to dead-end in a cul-de-sac just north of Ustick Rd. and not connect to Ustick when the interchange is constructed. An emergency only access is proposed out to W. Ustick Rd. that has been approved by the Fire Dept.; TTD has verified that this access does not touch or abut the State Highway system. The bollards should be located completely outside of the right-of-way.TTD's roadway plans for the existing Ustick/McDermott Rd. intersection are included in Section VIILL Alleys are proposed for access to the townhome units located north of W. Aspenstone St. and south of Beechstone St. All alleys must comply with the standards listed in UDC 11-6C-3B.5.The proposed alleys appear to comply with these standards. Cross-access/ingress-egress easements should be provided between all C-G zoned commercial lots in the subdivision via a note on the final plat or a separate recorded easement. Pathways(UDC 11-3A-8 The Pathways Master Plan depicts a 10-foot wide multi-use pathway along W. Ustick Rd. on this site; a 10-foot wide pathway is depicted on the landscape plan as required. A 10-foot wide multi-use pathway is proposed within the street buffer along the west side of N. Glassford Ave., consistent with the developments to the north,which crosses to the east at the north boundary of the site within the buffer along SH-16 which will connect to the pathway planned to the north in Aviator Springs.A 14-foot wide public use easement is required for the pathway; the easement should be submitted to the Planning division prior to submittal for City Engineer signature on the final plat. Internal pedestrian pathways are proposed throughout the central common open space area and to the commercial development to the south. Safe pathway connections should be provided from the proposed multi-family development to the abutting high school to the west. Sidewalks (UDC 11-3A-1 : Detached sidewalks are required along all collector and arterial streets; attached sidewalks may be provided along local streets. Sidewalks are not required along I-84;however,a pathway is proposed within the buffer.ACHD is requiring a sidewalk to be constructed off-site along one side of S.Rolling Hill Dr.with development of this site. Landscaping(UDC 11-3B Street buffers are required to be provided as follows: A minimum 35-foot wide buffer is required along future SH-16 and the interchange and along N.McDermott Rd.,entryway corridors; a minimum 25-foot wide buffer is required along the western portion of W. Ustick Rd.,an arterial street; and a minimum 10-foot wide buffer is required along local streets in the C-G zoning district,measured per the standards listed in UDC 11-3B-7C.1 a. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C(see updated standards). Street buffers are required to be maintained by the property owner or business owners' association and should be depicted on the plat in a common lot or permanent dedicated buffer per UDC 11- 3B-7C.2b. Landscaping is required adjacent to all pathways in accord with the standards listed in UDC 11-3B-12C. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3. The City Arborist requests a change in tree selection of the Fraxinus Pennsylvanica "Marshall's Seedless" Green Ash is changed to another variety due to a future threat of Emerald Ash Borer. There are no existing trees on the site to be removed or that require mitigation. Common Open Space(UDC 11-3G-3B : A minimum of 15%qualified open space is required to be provided within the townhome portion of the development that meets the quality standards listed in UDC 11-3G-3A.2. Based on 10.51 acres,a minimum of 1.58 acres of qualified open space is required. A total of 3.33 acres of qualified open space is proposed on the open space exhibit included in Section VILF in excess of UDC standards(Le red hatched areas). Open space areas consist of open grassy areas of at least 5,000 square feet and linear open space. Site Amenities(UDC 11-3G- : A minimum of 2 points of site amenities are required based on 10.51 acres of development area from the Site Amenities and Point Value Table 11-3G-4. 14's no ^'eai-+o Staff what is Two(2)pickleball courts at 4 points each are proposed for site amenities in the townhome portion of the development,which exceeds UDC standards. The Appheai-A should elaFif�pr-ier-to or-at the Commission hea ing what amenities are proposed. Noise Abatement:Noise abatement is required for residential uses along state highways per the standards listed in UDC 11-3H-4D. A 10-foot solid screen wall is proposed. Noise abatement should be provided within the street buffers along SH-16 that are adjacent to residential uses per the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway.A berm or a berm and wall combination that's a minimum of 10-feet higher than the elevation at the centerline of the state highway is required.Include a cross-section of the berm or berm/wall that complies with this standard with the final plat application(s). Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical EngineeringReport for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-I I C. Pressure Irrigation(UDC 11-3A-1 Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian Irrigation District boundary. Utilities(UDC 11-3A-21 : Utilities are required to be provided to the subdivision as required in UDC 11-3A-21.. Street lights shall be installed in accord with the City's adopted standards,specifications and ordinances/ Waterways(UDC H-3A- : The Sky Pilot Drain crosses the southern portion of this site within a 100-foot wide casement;the Eight Mile Lateral crosses the northeast corner of the site within a 50-foot wide casement; and the Noble Lateral runs along the cast boundary of the site within a 40-foot wide casement(20-feet from centerline each side).The easements for all of these waterways shall be depicted on the final plat; structures shall not encroach within these easements.All waterways on this site shall be piped as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. This project is not within the flood plain. The developer has requested ITD relocate the Eight Mile Lateral to accommodate the proposed development plan. Because the plans have already been designed and environmental approvals obtained to pipe it in its current location,a change this late in the process may not be approved. If the location of the lateral changes,it should be depicted on the plans submitted with the final plat application. Fencing(UDC 11-3A-6 and 11-3A- All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid screen fence is proposed along the northern&western boundaries of the multi-family development. C. Conditional Use Permit(CUP): A Conditional Use Permit is requested for a multi-family residential development consisting of 250 dwelling units on 12.19 acres of land in the R-40 zoning district in accord with UDC Table 11-2B-2. The proposed development will have (12) 3-story multi-family structures and a 9,055 square foot amenity building centrally located within the complex. Six(6)different floor plans are proposed with a mix of units consisting of 1-(97),2-(114)and 3-(39)bedroom units ranging from 712 to 1,278 square feet in size. Specific Use Standards (UDC 11-4-3-27): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code.Building setbacks shall take into account windows,entrances,porches and patios,and how they impact adjacent properties. The site plan included in Section VILD depicts buildings at a minimum setback of 10 feet; no greater setback is required. 2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks,and/or enclosed yards. Landscaping,entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The Applicant's narrative states each dwelling unit is provided with a minimum 80 square foot attached patio or deck, which meets this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title.A minimum of 477 off-street parking spaces are required for the multi family development with 250 of those being in a covered carport or garage;a minimum of 19 bicycle parking spaces are required.A minimum of 18 spaces are required for the amenity building with a minimum of one (1)bicycle parking space. The minimum number of spaces required overall is 495 with a minimum of 20 bicycle spaces. A total of 482+/-parking spaces are proposed overall, with 250 of those being covered, and 20 bicycle spaces, which does not meet the minimum standard. A revised parking plan that meets the minimum standards should be submitted prior to the Commission hearing. Bike racks should be provided in central locations for each multi family building and the amenity building. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site amenity plan included in Section VII.G depicts a leasing area (property management office), a maintenance storage area and mailbox location (including provisions for parcel mail), in accord with this standard. The location of the directory and map of the development should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. Common Open Space Design Requirements (UDC 11-4-3-27C�: The total baseline land area of all qualified common open space shall equal or exceed 10% of the gross land area for multi-family developments of 5 acres of more.A minimum of 1.22 acres of common open is required to meet this standard. Common open space areas are also required to comply with the standards listed in UDC I I- 4-3-27C.2,which state that open space areas must be integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. These areas should have direct pedestrian access,be highly visible,comply with CPTED standards and support a range of leisure and play activities and uses—irregular shaped,disconnected or isolated open spaces do not meet the standard. Open space areas should be accessible and well connected throughout the development(i.e. centrally located, accessible by pathway and visually accessible along collector streets or as a terminal view from a street). Open space areas should promote the health and well-being of its residents and support active and passive uses for recreation,social gathering and relaxation to serve the development. The proposed common open space meets these standards. All multi-family projects over 20 units are required to provide at least one (1)common grassy area of at least 5,000 s.f. in area that's integrated into the site design allowing for general activities by all ages,which may be included in the minimum required open space. The area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. The Applicant proposes two (2) central common open space areas of 67,632 and 29,360 sf. that meets this requirement. In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.All units contain more than 500 square feet(sf.) of living area. b. Two hundred fifty(250)square feet for each unit containing more than five hundred (500)square feet and up to one thousand two hundred(1,200)square feet of living area.A total of211 units contain between 500 and 1,200 sf. of living area; therefore, a minimum of 52,750 sf. (or 1.21 acres)of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.A total of 39 units contain more than 1,200 sf.; therefore, a minimum of 13,650 sf. (or 0.31 acre) of common open space is required. At a minimum, a total of 66,400 sf. (or 1.52 acres)of qualified outdoor common open space is required to be provided per this standard.In order to meet the baseline requirement noted above and this standard, a total of 119,500 sf. (or 2.74 acres)of common open space is required. A total of 146,094 sf. (or 3.35 acres)of qualified open space is proposed in excess of the minimum standards as shown in Section VILF(red hatch areas). Qualified areas consist of central common/amenity areas and a pedestrian corridor where a multi-use pathway is planned. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20').All of the red hatched areas depicted on the open space exhibit in Section VII.G meet this requirement. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The Applicant anticipates the multi family development will be constructed in one phase.If not, compliance with this standard is required. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff retroactive to 2-4-2009) None of the common open space areas are located adjacent to a collector or arterial street. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches,landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop (4) Charging stations for electric vehicles 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20)and seventy-five (75)units,three (3)amenities shall be provided,with one from each category. c. For multi-family development with seventy-five (75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005,eff. 9-15-2005) Proposed amenities include a clubhouse with a fitness facility, a swimming pool and spa with cabanas and an outdoor lounge area, 10 foot wide multi-use pathways and internal walking trails, a plaza, a pickleball sports court, and a bike repair station.A BBQ area is depicted on the site plan;Staff recommends this area is constructed as a commercial outdoor kitchen.An outdoor seating area is also depicted on the site plan;Staff recommends this area is constructed as a picnic area with tables, benches, landscaping and a shade structure. Staff also recommends a children's play structure is provided. Staff is of the opinion these upgrades and addition of an amenity is commensurate with the number of units proposed. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches(24")shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-38 : Street buffer landscaping,including noise abatement along future SH-16,is required to be provided with the subdivision improvements as noted above in Section V.B. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B- 12C. A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid screen fence is proposed along the northern&western boundaries of the multi-family development. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structures,included in Section VILH. The townhomes are proposed to be 2-or 3-stories in height,the multi-family structures are proposed to be 3-stories in height,and the clubhouse if proposed to be a single-story in height; building materials consist of a mix of vertical board&batten fiber cement siding and horizontal lap siding with brick veneer siding and wood ridge beam accents,metal awnings and asphalt shingle roofing. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the multi-family and commercial development to ensure compliance with UDC standards and development provisions associated with this application.A Design Review application is required to be submitted for approval of the townhomes.Final design of all structures must comply with the design standards in the Architectural Standards Manual. D. Variance(VAR): A Variance is requested to UDC Table 11-2A-7 to allow 44 of the 81 townhome lots on the eastern portion of the development to be reduced from 2,000 to 1,694 square feet.UDC 11-5B-4 allows requests to vary from the requirements with respect to lot size. In order to grant a variance,City Council must make the fmdings for such,which state the variance relieves an undue hardship because of characteristics of the site; and the variance shall not be detrimental to the public health, safety and welfare per UDC 11-5B-4E. The Applicant's narrative states there are several characteristics of the site that create an undue hardship,as follows: • The angle of the SH-16 right-of-way determined by TTD creates a remnant parcel that is an unusual shape for development and restricts how the property can be developed. • The Sky Pilot drain traverses through the middle of the property within a 100-foot wide easement where no structures may be located,which reduces the amount of developable space on the property. • Ustick Road where it abuts the property will be widened to accommodate the SH-16 interchange,which reduces the amount of developable space for the property. • McDermott Rd.will be terminated with a cul-de-sac,eliminating access from Ustick Rd. which reduces the viable uses for the property. • McDermott Rd. is in a fixed location and must be widened to meet ACHD standards,which further reduces the amount of developable area. • A landscape buffer is required to be provided along the northern property boundary adjacent to the light industrial use proposed on the abutting property,which also reduces the developable space for the property. Although these characteristics do exist, Staff finds they do not prevent the Applicant from reducing the number of lots within the development in order to comply with the minimum lot size standard of 2,000 square feet. If a variance is approved, alternative compliance will also be necessary to reduce the street buffer along McDermott Road,an entryway corridor,in order to accommodate the proposed layout. Reducing the number of building lots will allow compliance with the minimum lot size standards as well as street buffers. Therefore, Staff is not supportive of the proposed variance request. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement,preliminary plat and conditional use permit and denial of the requested variance with the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on November 3,2022. At the public hearing,the Commission voted to recommend approval of the subject AZ, CUP and PP requests. 1. Suimnary of Commission public hearing a. In favor: Travis Hunter,Josh Evarts,and Todd Tucker b. In opposition: None C. Commenting: Ron Hopper,Rod Green,and Paul Elam d. Written testimony: Todd Tucker,Boise Hunter Homes e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kurt Starman 2. Ke, ids)of public testimony a. Additional traffic on Ustick and McDermott Roads. b. Transition of the McDermott Village development to the rural residential in the area. C. Amount of development occurring in the area. 3. Key issue(s)of discussion by Commission: a. Timing for the construction of SH 16 and the commencement/completion of phase 1 construction. b. Impacts of increased traffic on Ustick Road. 4. Commission change(s)to Staff recommendation: a. At Staff s recommendation,Commission modified DA provision#A.1 f to read,"A 10- foot wide multi-use pathway shall be provided within the street buffers along N. Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement. b. Commission modified condition of approval 410k. to replace commercial outdoor kitchen with outdoor BBO. 5. Outstandingissue(s) for City Council: A. Applicant requests Council waive condition#Al.c in Section VIII that requires a 25-foot landscape buffer adjacent to the Flowers grope , along the west boundary of the proposed development. This request was supported by the Commission. The requirement does not apply because right-of-way will separate the subject property from the residential property. C. The Meridian City Council heard these items on December 13. 2022.At the public hearing_ the Council moved to approve the subject AZ_ CUP_ PP and VAR requests. 1. Summary of the City Council public hearing: a. In favor: Travis Hunter_ Josh Evarts_Todd Tucker b. In opposition: Rod Green_Randi Bussert C. Commenting: Sue Wa��oner d. Written testimony:None C. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Concern pertaining to increased traffic on McDermott Rd. and the safety of the Green's access via McDermott Rd.. b. Concern pertaining to erowth and property values jn this area and affect on adjacent rural residential properties- 3. Key issue(s)of discussion by City Council: a. Supportive of the proposed development plan. 4. City Council change(s)to Commission/Staff recommendation: a. Council approved the Applicant's request to strike the portion of condition#A.Ic in Section VIII that requires a buffer adjacent to the Flower's property at the west boundary of the site. b. City Council approved the Variance request based on the hardship for this property created from the bisection of SH-16 and the lateral(Sky Pilot Drain)across the propeft VII. EXHIBITS A. Annexation Legal Descriptions&Exhibit Maps IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 15G GROUP Phone: (208)846-8570 Fax: (208)884-5399 McDermott Village Subdivision Annexation Boundary Descrlptlon Project Number 21-578 June 15,2022 The southeast quarter of the southeast quarter of Section 32,Township 4 North,Range 1 West, Boise Meridian,Ada County,Idaho,and being more particularly described as follows: BEGINNING at the southeast corner of the southeast quarter of the southeast quarter of Section 32,Township 4 North,Range 1 West,Boise Meridian: Thence N89'17'49"W, 1325.58 feet along the south line of the southeast quarter of the southeast quarter to the east sixteenth-section corner; Thence N00'33'07"E,1316.23 feet along the west line of the southeast quarter of the southeast quarter to the southeast sixteenth-section corner; Thence S89"19'58"E, 1324.63 feet along the north line of the southeast quarter of the southeast quarter to the south sixteenth-section corner; Thence S00"30'38"W, 1317.06 feet along the east line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING. The above-described parcel contains 40.05 acres,more or less. SG. 34 Page 1 of 1 �i OF Cyq`i c . Z(;� Scale: 1"=400' 0 100 200 400 800 Legend 5.32 f 3 /4 Property Corner Property Boundary Line i I - - - -— Parcel Line --- Section Line w N c0 13 Ip I � 4 m N O O N I i Np SE1/16 S89'19'58"E 1324,63' s1/16 o / 0 5 c"7v is o fn rn M �2. t40.05 Acres o m C)y Z oO m fn S.32 E1/16 S.32 S.33 S.5 N89'17'49"W 1325.58' S.5 SA - W. Ustick Rd. Point of Beginning P:\3235 N M.O.—It Rd 8nd.y 21-570\d"\21-570 M....kiond.q 6/15/2022 217:22 W Job N.. IDAHO Exhibit Drawing for 21-578 SURVEY e755E,IDA14063 er. eaeE,IEM1ae371N Annexation Sheet No. 1M1 a 1 GROUP, L LC Situated In the southeast quarter of the southeast quarter of Sectlan 32, Dwg. Date Township 4 North, Range 1 West, B.M., Ado County, Who. 6/15/2022 IDAHO 9955 W Emerald St SURVEY Fk>KP, ID $3704 GROUP Phone, 1208i W-85N Fax-- 1208� 884.5399 McDermott Village Subdiyh400 Rmamp C-G Boundary Description Pev);e:i.Slisenber 21-578 Aiig.,if+ J 7,AM A parcel of tend situated in the suutl'edst qu4tter 0 the southeast qudrter of Section, 32 Township 4 North,Range 1 West, Bons lVenckan, Ada County, Idaho and being more pambcuiarty described as fobws- SUANNING at the east sarteenth-section corner of Section 32,Township 4 Now", Range 1 West,Boise Me+idlan,which bears N89'17'49'W, 1325 58 feet from the southeast corner of Section 32. Thence N00'33 07•E,448 20 feet along the west line of the southeast quarter of the southeast quarter, Thence S89'17131, 724-69 fcct to the centerime of the future Highway 16; (hence S09'4S'00'W,4S3.71 feet along the cenrterlirre of the future llighway 1b to the south line of the southeast quaver of the southeast quarter, Thence N$9*17 4,V W,652 16 feet along the south line of the southeast quarter of the southeast quarter to the POIN 1 Of 8lGINNING. The above-described parcel contains 7.08 acres,mwe or Ins: -4 11334 t' :: l ul 1 P�7 5 75 150 3w 6-X Lpelendl Dinwiiun PcIni Zwm flo m ury Line agr{.o Lkrr --- 9rndLee LIP* C*Prlw LAn■ i MAR avnb - -- -- - -- -- LP 10 �• Y OF L aFC � I i # FC ;'IYE � fl 3 m r Begin Beginning l N0917'49'w 1325.SW 1M, Uei:Gw Rd. IDAHO rxhi3il Qrorwing for SUEY'RV ��.,..�. ,,.., GROUP, LLL MmAd Y tm ao-,ttmw au.tr sr IYr ma ilimal *"for al Socltar la. d.p E4Ir lmr"Alp+mwtt%fknp I Aaat aid, A43 Cm."IX waho ILA712W2 IDAHO 9955 W Emerald 54 SURVEY 9oiw. 10 83704 11G GROUP Phone: {208o 846.8510 Fax: 1208 1 984•S 199 McOcrmott ViAlage Subr s.-on Relone R-15 SourWary Ccscrlptlon Drojett Nurntet 21-578 AuQj3I 17.2022 A parcel of land situated in tthe southeast Quarter of the southeast Quarter of Section 32. Township 4 North, Range 1 west.Hoke Merldw,Ada CauntV,Idaho,and being rnore parncullarty descnbcd as foAows: BEGINN+NG at the saudhcast rower of Section 32, Township 4 NorM.Ranr. 1 1Vcst, Bohe Meridian Thence N89'1!'49'W,613.42 foot along the south Imo of the southwest quartet of the southwest quarter to the eenterlme of the future He hwsy 16; Thence W9'45'00'E. 1333.35 feet alone the centerline of the future Hiloway:6 to the north hne of the>;outheast quarter of the southeast quarter, thonce 589'14SH 1,4S9 33 feat along the nontr lino M the southeast quarter of the-,mdtiesst qua►te•to the south Sixteenth-section corner; Thence 50090 38'W. 1317.06 feet along the east line of the soutImj:,t gwrter of the southeast Quarlt,tLi the POINT OF BEGINNING Tho ah%ovd+scrIhPd parrel romans 17 12 acres,mono re lost f etc l of 1 4'. � ' _ 4�)L�cc e. I-�-5w� 7t 1�8 345 um Lem �] ptmtndm Rcint Toni Bbundett•Lbe Pqr;,M IJn* - - 5r c'w Lid PmW Lh* i I aj% 1 � X . �a 17.12 .r v A " La OF L $A point of Beginning .-6714Y W. LFhglcia Rd IDAHO Cxr i:;'L Grari 'oa far :?I �n SURVEY �,A� R-15 Rezone 1 �hwl tia GROUP. LLC r.hin4rd h :•. mmhmiw q.an IV ar i,ti mC --haar..4UWr V .4cl'.r .17 rh., atil} - -- Impfip 4 4wUt 6 ttagic 1 acal ti4.. Icb QxrrtF. Echo I&A 78.= IOAHO 9955 WEmerald 5t SU KYEY Mm,10 81704 GsROLW Fhorm I M7" 8670 Fax: 1208p OM-5399 Ill DL4 mmtt UIIIage S-iGdi vislon Rezorbe R-40 OwndahM DeSvIlxtion erect Number 23-518 Augrrst 12,2aU A parcel aF land sltL=kd In the saatheast quarter of the southeast quarter of Sermon-12, Township 4 Wrth,Rwge 1 West.Mile Meridian,kh County,Idaho,aMd beInj&more p.wncuWly de aF1 : Cormmenrinlg at the soMheast cofner of Wdon 32.TovonshiF 9 FltM,Range l Wes{, Raise Mwidiark; Thence MWlr4VW, 1325.58 feet along the wuth line of the southewt quarter of the soulthwa qugrt4r to lhv 4a*1%IKtggrrth-F441orl wim4r. Thence NW33'07"E,4M.20 feet along the west line of the southemt fluarter aF the %authcaatqusrtgrto ship POINT QF ELEGI 1NEY5• Thoni;e cointimilrgS WOrMTT,W03 No;along ft vrwt Ilnq gf the gauthe2st quarter of the souMeaat quarter to the sautheast siNtearr h-se Con corner, Thence 589'19'5W'E,BG5.29 feet aLonj the month line of the swheast Warteor of thra sovthQaj4 quagw tQ thq centrarllrw of jhv fulumv Hlom;pV 16; Thence 4S'tl0'W,479.64 feat along the centeAn■ceF the Future Highway 16; Thence NN'17'13"19ur 724j69 feet to the POIWf OF AEGHNNING The ab74e-dcscrIbvd panel contains 15.85 acres,more-or less. : s LL Par 1of1 �� Sao�a s'-3�L' J5 1}0 )QC OCR: _egend Q ]erwnlon Pwat two llaw4wy uns aar:d limp 4actbn Lhw UMr Lino ')WWOE >w� c: y . 4 , 'Prl ^ 15.l35 AcrQS I � m � � o Point at Beg on ing 724, o ' R o `D Wl pl� 1 1 1 j 1 JJJ i 121 UM Y --- — N-59 17'49'w 1325.58'W. Uscldl Rd. ►... .-fir• .�• ��... :•_. • w� IDAHO Ed+bit Drawing few i',PAL or 6 SURVEY M R-40 Rezone GROUP, LLC sw,.w,, ,. the sae«...� , . W%- 914 d �� 32 003 agile .b vo 4 lrr, • 1 Arl, A la A W AL 1 e yw• 8,111;;rfDJ B. Conceptual Development Plan,Overall Development Plan in the Vicinity&Concept Data .PqI. ,n.. Ah CONCEPTUAL DEVELOPMENT PLAN V 1 i 1 77 i �•i. Aow At r + •. . ._z 1 go Usd.k/MSD.-Residentbl Piwt North Archi- Merldi-ID 05/25/2022 7enln85ummry: Unit Summary: Site Area: n NSF' D- N-dxk NSF SUBTOTAL % 51te 1:IMuhllaMlyl 12.19 AC SIIe 3:ITHI 304 AC IA 1l9 80 ]99 5Re 2:Igetail/Cstore) 339 AC Hlgh-y(N.AP.f: 13.9 AC 1B 10 835 80 915 Subtotall bed 97 731 7Q903 39.8% proposed: Cunent-ing: RUT Ruml,Urban Trandd...I rpp0Aed Z-,S(14F):R-40 (cbar0e) 2A 58 1,009 SO 1,089 2B 1g 1,117 BO 1,191 Max.Density: 43.%du/AC(1,0005f/du( Proposed Density: 20.5 di./AC 2C 38 1,004 80 1,084 Subtotal 2-bed 114 1,024 116,790 45.6% Sethack3Required: SIH.-Proposed: 12' Rear. 20.4 3A 39 1,285 SO 1,365 Side Int: 3 Side lnc: Ia nnh,. Street Setback to Garage Required: Street Setback 0 Garage Proposed: Subtotal 3.Intl! 39 1,285 SQI15 IS.G)i Local: 20' I.acat 29.1.. Surer Setback tO Living Required: Street Sni-t.Uving P.P.- TOTAL: 250 8S3 aw. wl: 10' l.acal: 2D min. nw..m,arx".o n.lrnQw�nor/m.m.yau..0 Street Lansbcape Buffer Required: Street Lands.p.BUNer Proposed: ..I. n/a L.A 20 min. Max.Height: 1. ftwsed Height: a. Pares,-roan,, Muititamih: Flr:ti,41' Bldg. Bldg, Bldg. Ed. 4UNI Parking Required: Parking Proposed: Height: GSF t deck GSF Net SF 0 cenflaor p ratl0 total total Muel 1: - 1]6,- 1-bed arage: level E: 10'2" 116,750 108,750 95,191 88% tw 2-bed 114 2S 228 Carport: 81 Ievel3: 11'-2" 1tS,w 1 'em 95,181 9O% list 3-bed 39 2 10 Garpprt: 30 Root: 103" Guest 25D 0.1 25 Stantlard: 52 7c 1: 41.9" 346,902 326.801 237.798 73% 250 Parking Pad: 112 0 Amenity: BAD 1/S00 18 Amt." 18 Parotid 5 w, 25 Sibtatal IiI.Mmily: 4" Snbmlallkgrldbriy: 471 Caered: 1:1 250 Covered: 250 --id D- 0 coda oral <-s:Pre: 5,549 C-stare: S.- 1:SOOd t12 Retain: 3,401 R.111 3,407 1:5004 7 Retail: 51 Retail2: 6,111 Retail 2. 6,117 1:5000 13 HC: 3 le 11 1S,OT3 Subotal[,d. 32 Suk..ICmd. 54 Common Open Space Summary. Bike Parking Smnmery: Cgmm..Open Space Required: Common Open Space P,.pmed: Bike Parking Rep wired: Bike Parking Pmpm,d: Baseline: m110 1-1 total 1O%ef die_ 52,131 1n% 45,z13 d Ground level B7,Ss3 30,710 MdtlNmilyD. OUI 11,314 mlN1 Otal oUl Un45<500 d: 0 150 - 13,629 MultRamily: 4Ti 2:25 t20 Calved/Secured: t20 Ungs SOOg200 d: 211 250 12,750 TMIRequired: 20 Tobl Proposed: 20 W 1M1 g Itt-1 Rwuird: 2S0 66,400 d Subtoal nrs nequka@ ,613 d Su0[atil MF Provider -.130 d TH/C-store: psf mtlo ]oral rotaI 0 nd-1 5%pfeke I69,448 S% 8,473 plaza: a5,050 Suh[a[al0.equlred: 0,1.d Su0mt11 Provided: t.,-d CONCEPT DATA .NIte:oat 1-hemabtand a,bje,tWupd,-more f-t,,i,k.... 0525 2022 McDermott Multifamily PNaJO #21-Onott.,MeridianlD P+ PNa JOB#21-0XX �vot north AR[HITlGTUpt! C. Preliminary Plat(date: 10/25/2021) & Conceptual Phasing Plan 3 MCDERMOTT VILLAGE o`Vo PRELIMINARY PLAT A PORTION OF THE SE}OF SECTION 32, '� a TOWNSHIP 4 NORTH,RANGE 1 WEST Og O ADA COUNTY,IDAHO GV,MEROEVELOPER CIVIL ENGINEER LAND SURVEYOR n E VKW/77YAAAP coxuci Ii:�„xiw¢ ..�.r...r u.„=a-.., rcr,er•sc.s I PRELIMINARY PIATOATA LEGEND meE �wr>Eucl ��� �I� muuei _ _ mmosn«�no„�.E L LNI PRELIMINARY PLATNOTES a waw sE. EE .na, T• n[ SHEET INpE% • I n iE y ssffrwl� s„�r .rLl nuns I 1-1 L T -i-E LE Nr.r '� It] w �T ,_E o 30 = > 5 IL rc Q a LU W K a 6 O?� 01 ff 17 M ecocK ga I a I I I . I • I .I I T.L - esvamxEamffr -� " i MATCHLINE-SEE SHEET LEFT 4n'� I na'mrl P'°w i�1 nm I n I aw,�,�I� ��•�ffi,.a I" Off Ida F• I� BLOCK • ffi ��E I`` Cm F11.Fw Iyf. G R G E J i P b I^ . =w LPf1IIP�g n'vl _�P9J y r am BLOCK - . om w Pm am I r I P�I 60 In I T4 BLOCK y y�#� I m l M I I K I I I Iffi BL OCK .I���� `,a. 1 m 13 a m �Flafu _ `IIbT ftLLaFII f�pI'tly.� am n Pa om aw aw ow a I^ .- , Iffia IKa I�.IAs .Iea k R. IR. ..Iffin � n € a ` _ mo l M l°awl 'A' nw l Pw l a l la: ?.en xtEv WM M•a n:rl a m 3 IL a I� qua am I r Pm I°m I K I aK am h ZIIO• K K am`I z I w K M iw IL = O III 3 � I 'P Im 11 lI� 11 F-11�M Ic qry _C � a rt�yI- yr I U W J- , z BLOCK g-J - a PT I.pp°e l u I m MATCHLINE9-SEE SHEET RIGHT 02 r 17 I 1 II r' I, JI C } BLOCK = __- Y - MATp UNE-SEE SHEET LEFT 3 g o 8 > o w Z a fi w wwvarel .as . MATCHUNE-$EE SHEET RIp T 03 17 rr �E a a J V t, a •�. 1 00 t. t w µ -At a z N Uj a �1 w G* U) Z ._ a O E w O D. CUP Site Plan for Multi-Family Development(dated: 6/30/2022) Jol�I�1QIGGi._I I I I IT r�I I`ITC:� V,71 v _ _ CAMI HIM I• �gpJ�'r ��q'L�v py.', �- fir__ ar.� i �� ( �_ R p URM wTC1YlNE-sEE sxm,x a is✓f ueq wnNUNE-YE]NE£T„ ! / C E lave PIZ w �a wTLNIINE-SFE 91EET t] W C a 12 17 E. Landscape Plan—PP&CUP (date: 6/30/2022) FB 9 4 Al lit. ; IM p i MI (L I I i H.Ail H I. I n i I ., WO fil I ow III IM ED LU 79 z 11,IL ■ k hli �l�l�fi� �,1I �iii4 �i�41w_ , • !I =, 1111111111VMS`III 1111111 ftft ffil- _ M\_ _ r, . R-0 ME DIE .. or WTP wWK = �i ♦.� � � �� � �u � max,� { .,� go? ®� � .,mac { 9 tea, Fm� �gap- lip mop W $ - .SEA \ a b \\\\\ a Imo: Rg • 111111111111� � 111111�11111,a _ � , • acxaw�ya�� a ,❑ �a a �j;� � �s�a^�:•+rM��..s,mow,.�9:4a\�c-arrow�v_:ay..a�•..,,,��.7: i 99 r all .51 a Si- I.Z fig 9 NK LU Ix Hill's get I cr (D . I N St. I I I I I I i I . j ol Hil -1H u LO H a z -J, 4F 141 fil Ige F" M! 1!ill lil.: MR 'H- m ED, 1 LU FIF 7L lb Lu w nu A, La aills a moLLsn AK 2 fieia i�( ! E .g11r 2 7 ' t��i:�•f o°�= s `-'" r� �� : I '��'-}'1� Lp�.�Fy'�� i w !! � e s 41etp s�C INN �9 �� � � �:x �',. Qa .a z A �ii�l;F� ii °`{° 5T "ai i i•\.a �r .. \..r �"k CL y ee *i6�° (1�:■ f to,e Qe yi -° d511� ail He LLP ife9 lit S°d 9 rd 4 i•• £� Yg laie- flSbZ wrhQ¢ (a •l,f AZT*• r I E 1 e[a t 3 a t_ 14 O LLP 0n� g . sc i 0 rA•a�. _ - 4`. qYtyy G k pp rf: [aY4C C3 i• §E W ■E ng =�•� R E$ 9 4lip _ G? H Nn .. '�� vl sY.i3 iig3 fH°334� 8 =���Y 3� �a� +� a R€ ••i - g N 4� L Z3dC #+ e Q a i5• o. s Ms. t. CC s 1e� �3 V 9 - E - - 9 - "'ON 7pI1Sfl` - w . 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Site Amenity Plans for Multi-Family&Townhome Developments—CUP (dated: 6/29/22) C f� a N F© Z ® � -� If� AWNINGABGYE BEP 0013 6� b ggg SS 3 3 00000 � X O X - €Q -60 �N U� U _ q cc J H O Z W N a i o � � N Q + u Lou- 0 N 'i Z CV o G � q U l� �i l T y � AJ o . msc w r w - -= LIJ / U CIJ cD �►+ C) O N , 1 f r' U) -j i z � ' w .. � � I = rb t + w d L �r� f t z �... +� E w o H. Conceptual Building Elevations&Perspectives for Residential (dated: 6/30/22) Townhomes: z- •f,y .de, � h ■ rrr ', p i, Ali ' I �-y 1 1 � Multi-Family Development—Apartment&Amenity Buildings: new ivew.o xesioex.exmr ooxixo xoxm vewavexrouieimeuaw y i VffW 3 TO POCK DECK 4 IBEW TO FTENESS CENTER1 CLUBROOM AND POOL cowEET 06003 McDermott Mixed-UseJOB;;ate ueiow.io pivatroiei I ' �I ° I I loin VEW 5.VIEW TO RESIDENT BUILDING,LOOKING NORTH WEST VIEW 6 VIEW TO RESIDENT BUILDING,LOOKING SOUTH EAST r#" VEW T.VEW TO RE610ENTCOMLIUNRY FROM FUTURE XIGIIWAY YEW 6.AERIAL VIEW TO AMENITY BUILDING n CONCEPT IMAGERY 063620Y2 McDermott Mixed-Use PMcDet—ft and Na JOB IF21-059wk,MERIDIAN,ID p'ivotnodw E 1.STREET(NORTH)ELEVATION =Nero l I 2.STREET(WEST)ELEVATION 3.HWY16(EAST(ELEVATION IINTERIORDRIVE 4. ORTH)ELEVATION aux.®.R uwxxvan ` 01 CONCEPT ELEVATION VIEWS SCALE.-MV 1'-0'@24.36 06302022 McDermott Mixed-Use p-aJ Innoff and g#2-059tick,MERIDIAN,ID pivotnaW � r r 1.OPEN SPACE(SOUTH)ELEVATION 2.MEST)ELEVATION 3.(EAST)ELEVATION ' .�mwcu�ncxwrs ear I■ ■ �.�mwuaeoaw A.INTERIOR DRIVE(NORTH)ELEVATION ru,�-.rmA��an agar 02 CONCEPT ELEVATION VIEWS SCALE:I/IF-V a24W 06.302022 PNDJ B#21_069 slick, McDermott Mixed-Use pivotnodW . s�ff Lai - 1.CLUBHOUSE ENTRY(SOUTH)ELEVATION � unnwssuwor E r 2.(WEST)ELEVATION r��rcrAaos-w 3.(EAST)ELEVATION d.CLUBHOUSE POOL DECK(NORTH)ELEVATION a.H�m�rmon 03 CONCEPT ELEVATION VIEWS SCALE:11iS=Vu@24a 00.302022 McDermott Mixed-Use PNeJOB#211--059 MERIDIAN,ID PNotnatW A FIB EM L BOARD AND ERCENTSI.R. RATTERFIBER CEMENT SIDI2 HORIZONTAL FARNG FIBER CEMENT SNRNG IF OURSE IYAINSCODHG lN 6.PAINED METAL AWNING T.PAINTED METAL RNLMG 1HFWAED WOOD VADDE BY IN BY CEPTAINIEED P y � 9 PAINTED METAL LOUVERS 10.COMPOSITE WWMYL 11.NOMYUN STOPERRWI 12VEPlICAL WOW GRAIN 13.WOW RIWEBEAY DEFAL 11.GABLE DORMER VENT 15 PNNTEDMETAL GUTTER 16 PANED GAflAGEDWR W OXZEE](DWMTENT CWW:SiD.DARNER- ..901NO DOWNSPOUT fIC 1. E 1W t 5 2B 4 10 1211 BfA A NATURAL WHDE BAM .POFPOISE _ SHERWINWILIINMSSW2615 SHPRMNIrLL ASWS5IB YI F.ACCESSIBLE BMSI SHER N 4'NLLlAMS SL'l6685 SHERWIN WILLNNS SWIOI6 m G ANONYMOUS ----- --- SHERWlN WILLWIS SW20C6 - NOTE. NOTE: NUMBERS DEWIE NAlEPl4LS ALLMAIERIPESAS NOIEDOP OWNER ----- __ --- _ --- LETTERS OENOIE COLORS APPPOVEDEW/J. xx CONCEPT DE TAIU MATERIAL BOARD �+ 06.29.2022 McDermott Mixed-Use PNDJ B#ZdUstttick,MERIDIAN,ID pivotnortW L Emergency Access Exhibit Approved by Fire Department 101 sue= BLOCK IrVITIr : ..-N.-SEE NE E V. BLOCK k al I r� t c \. is pp La Y LLJ`Lvc L FUL-f�e y MALCNLRIE-YE­T EIRETiS i YE 9 EET OG BLOCK ._.._ ------------ - ---------- i asp BLoaE ? _ PTI tir w W. m_ '.�T.. .r W�e s ' a i W K a ,S J. ITD's Plan for the Ustick Rd./SH-16 Interchange +D1.42. rMATCH UNE 2430+44BB�- MATCH UNE 102 T4N, R7W, B.M. NbW6B FBxceTM4etm STA,4 5.49'LT STq,2 8D NMI YQ,BS'RT TO �.30'1'SQ 614-.25. 430+70 5901-0)C SE45E45EC,32 WOODSIDE AVENUE 1 2026+85A4, U _ �t 028+Ofi.1], 'Aso , RT 2026+74.58. R-20. 100.10,LT INVESTORS LLC 259 FT SrA 2B2eHn.w.120.T1'LTTO F srA z63D.44,oD,96ary m 1 101.76'LT R=-0' -4----- �.q��� -------- 1J 101.62'LT - 00' 35' ! r elo-E a s�nio2e«x.Ba w.9e'LT +41,41, ` +64.37. 0.=10.00;' 10(L.p.IT 100,10'LT I f EAp1 STA 202eNe.]9.65.0y,RT 1 2026+54,90� 2430+50.70, I ' ••-.•,•••••.•�.,.•.-....•_ .... a B14D15R 91DE2025 I Is IT LT 35.50'RT p... "' S69Y -202-..)4m LTTD b]0.IOOA b]bOlSA O R�10,00' ¢ R=53.50' STA 2028HBM.101,)6'LT ... 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CP w224 202]+]5,89, I �+ 121 6TA 2028NOA3.964)'LT P/ R/W / R/W-g9.90'LT R/N RM / _ _ , /W m e169NaA CURB TYPEI -(L USTICK ROAD HTv T OHry i-202]+92.01, - N 240FT STA14287-Q W.2WRTT0 QI 20260.00'LT -- -- - -2027 w -----W--5912-0SE 2028 -w_ - -589°18' 7079 USTICK R� :�256A 20 ^ -� STA 142e•M.).-RT ---2076 36,09, IT bFT STA 142E+78.e9..*F RT TO 30 '^ va~i Sa FT sr�iize w.ss:ie.sMe'R�rm 1 I a z650. 8 1 w uFT STA20f)�3lSTA .Ba 21.0i'RT TO _______ _ __________ _ __ ____ ____ O 2 STA 202)�522.M 1.99'RT 71-N 615651A SECTION LINE 59014KX I 7 4 CONDU75 NSFT -202)Ki5.m.21.00'RTTO STA VIR R/W R/W R/W R/w R/W R)W S INUED 0.IEXTSm'RT F USTICK RAMP AB STA.1429*38.09= I 2028+]9.8 ER f (COMINUEO ON NElR 6HEE1) �I$ USTICK RAMP SC STA.2429+32.60= N 625356A I 5911-05N 2100'RT +81,07, N I-a Q USTICK R0 STA.2026+84.08 53.48'RT R=178.50' JM28+41.12. 20)B+SA.DO, 615w92A II'. 614-016A R=100' 65,03'RT F4,34'RT 4 9u 5912-0SE O SIDEWALK 5i)26+3 RT b' 'K2 SIDEWALK q 5901-06% R-fi3.50' .-.• -•••••••.-•• .- --'�""L 1. 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I N 16.00'LT I 67.92 i' 1 I 6 I � PI AV243®6.14 : 1 111 83,�• J A=02-34-38'AT I $ I �_ R=12600.00. 20 0 20 40`�^_ __ �•1 e/ I -g. ® N -'�. I 1427+30.54, N=]18267.120 Stale; 1"a 40' TT -_, 115.82'RT E =1432978.789 1 �I P�OISTFq FC REVISIONS DESIGNED PROTECT NO, ROADWAY PLAN SHEET B.STARK SCALES SHOWN IDAHO ENGL/SN NO OAIE BY DESCRIPTION ME FOR 11-X li" p DESIGN[NECKED SH-16,USTICK RD TO US-20/26 m�4n• D. Haus PNxrs oNLY TRANSPORTATION' - yyu DETAILED CAOD FILE NAME ADA AND CANYON COUNTY 0} 1.GNAVE$ �DEPARTMENTPo°�.I + Aoz31aoa1 USTICK ROAD %ETNUMBE0. °'�2FOFp PJg S DRAWING CMKDKE-ADS MTE: *N 4Ae AI41C1 ATE:.c. STA,2025+60 TO STA,2030+40 SHEET 191 OF 762 �•Wt K. Lots allowed to be reduced in size with Variance request BLOCK �G� M IeRs� IR �• 1! k 9 I a I i..I we.I � I LL�l1P,J_„Jy�1� -Sa - MATC LINE-SEE SHEET LEFT =Y II' I Lam �La��u�„"�".__�R>� i k9 A rItBIOCK dig II ri as t�� F I Ice"I .11 =,•r,:;= BLOCK - y.¢ FecJ e a i I ,I? i f i ;;'��\.��„cL�I�J�uJ u> � m.i r+��l�•��l�z L�Ls .e>6A:r.��e � d i 3 Z <_ a _ BLOCK1 ...rr�l.mina `.• P 0 MATCNLINE—SEE SHEET NIGHT �yY I 1 02.17 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,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. Development of the subject property shall be generally consistent with the conceptual development plan, site plan,preliminary plat,conceptual phasing plan,landscape plan, open space and site amenity exhibits, and conceptual building elevations submitted with the application contained herein. b. The two(2)commercial buildings proposed on the northern portion of the site shall be arranged to create some form of common,usable gathering area, such as a plaza or green space as depicted on the conceptual development plan in accord with the mixed-use guidelines in the Comprehensive Plan (see pg. 3-13). c. A minimum 25-foot wide buffer shall be provided on the C-G zoned property to the future multi- family residential uses in this development as set forth in UDC Table 11-2B-3,unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners as set forth in UDC 11-3B-9C.2. The buffer shall be landscaped in accord with the standards listed in UDC 11-3B-9C. d. Noise mitigation shall be provided within the buffers along future SH-16 in accord with the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. e. Private streets shall be required within the multi-family development for addressing purposes and shall comply with the standards listed in UDC 11-3F-4. The private street application shall be submitted prior to or concurrently with the final plat application. f. A 10-foot wide multi-use pathway shall be provided within the street buffers along N. Glassford Ave. adjacent to SH-16 within a 14-foot wide public use easement. g. The final plat shall be recorded prior to issuance of building permits for any structures within this development. h. All future structures constructed on this site shall comply with the applicable design standards contained in the Architectural Standards Manual. Preliminary Plat: 2. The final plat shall include the following revisions: a. Include a note granting cross-access/ingress-egress easements between all commercial lots in the subdivision via a note on the final plat or a separate recorded easement. b. Depict all street landscape buffers in a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners' association as set forth in UDC 11-3B-7C.2a.A minimum 35 foot wide buffer is required along future SH-16 and the interchange and along N. McDermott Rd., entryway corridors; a minimum 25 foot wide buffer is required along the western portion of W. Ustick Rd., an arterial street;and a minimum 10 foot wide buffer is required along local streets in the C-G zoning district, measured per the standards listed in UDC 11-3B-7C.1. c. Depict the easements for all waterways(i.e. the Sky Pilot Drain,the Eight Mile Lateral and the Noble Lateral) on the site; structures shall not encroach within these easements.A License Agreement is required with NMID for any encroachments within the easements. If the location of the Eight Mile lateral changes, the new location shall be depicted on the plat. d. All R-15 zoned lots shall be a minimum of 2,000 square feet as set forth in UDC Table 11-2A-7 except for the 44 lots approved to be reduced to 1,694 square feet with approval of the Variance request(see exhibit in Section VIL K for specific lots affected by the variance). e. Graphically depict zero(0)lot lines on the internal lot lines where the townhomes are proposed(i.e.where structures will span across lot lines). 3. The landscape plan submitted with the final plat shall be revised as follows: a. Depict the bollards proposed to restrict access to the emergency access driveway off W. Ustick Rd. completely outside of the right-of-way. b. Depict a 10-foot wide multi-use pathway within the street buffers along SH-16 within a 14-foot wide public use easement;the easement shall be submitted to the Planning division prior to submittal of the final plat for City Engineer signature. c. Depict landscaping along all pathways as set forth in UDC 11-3B-12C. d. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C. (See updated standards) e. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3. f. Change the Fraxinus Pennsylvanica"Marshall's Seedless"Green Ash tree to another variety per the City Arborists' comments. g. Depict a minimum of two (2)points of site amenities for the townhome portion of the development from the Site Amenities and Point Value Table 11-3G-4. The Applien 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and 11-2A-8 for the R-40 district; and UDC Table 11-2B-3 for the C-G zoning district. 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B,unless otherwise waived by City Council. 6. Cross-access/ingress-egress easements shall be provided between all commercial C-G zoned lots in the subdivision via a note on the final plat or a separate recorded easement. 7. The emergency access driveway required and approved by the Fire Dept. off W.Ustick Rd. east of future SH-16 shall be approved by ITD as it's located within the influence area of their intersection project. 8. All alleys shall comply with the standards listed in UDC 11-6C-3B.5. Conditional Use Permit: 9. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development and the dimensional standards listed in UDC Table 11-2A-8 is required. 10. The site/landscape plans included in Section VII shall be revised as follows: a. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3- 27B.2. b. Depict the location of the property management office;maintenance storage area; central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3- 27B.7. c. Depict safe pathway connections from the proposed multi-family development to the abutting high school to the west. f. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. g. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one (1) tree per 100 linear feet of pathway. i. Depict a minimum of 20 bicycle parking spaces per the standards listed in UDC 11-3C- 6G; bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks should be provided in central locations for each multi-family building and the amenity building. j. Depict a minimum of 495 off-street parking spaces for the development in accord with the standards listed in UDC Table 11-3C-6 and 11-3C-6B.1 per the analysis in Section VI. k. At a minimum,depict site amenities consisting of the following: a clubhouse with a fitness facility,a swimming pool and spa with cabanas and an outdoor lounge area; 10- foot wide multi-use pathways and internal walking trails; a plaza; a pickleball sports court; a bike repair station; a eeffmiefeW outdoor Wehen with a BBQ; a picnic area with tables,benches,landscaping and a shade structure; and a children's play structure. k. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. 11. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area as set forth in UDC 11-4-3-27B.5. 12. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking,common areas,and other development features as set forth in UDC 11-4-3-27F.A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. 13. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units in accord with UDC 11-4-3-27C.6. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the multi-family and commercial development to ensure compliance with UDC standards and development provisions associated with this application. A Design Review application is required to be submitted for approval of the townhomes. Final design of all structures must comply with the design standards in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 There is a sewer loop on the northern section. Sewer connects to McDermon in Block 1 and the existing SSMH-06. Reconfigure the design so this is removed. 1.2 Manhole SSMH-I I and SSMH-12 has angles of pipe in/out of manhole at less then 90 degrees.Adjust these manholes so min angle of pipe through manhole is 90 degrees. 1.3 Provide Steel Casing for all locations where sewer crosses future Hwy 16 per City's casing requirements. 1.4 All manholes require 14ft graveled/paved access path. 1.5 End of the line requires minimum 0.6% slope. 1.6 Ensure manholes are not located in curb/gutter. 1.7 Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft easement,and 25-30 ft a 45 ft easement.Adjust easements accordingly. 1.8 Area is subject to the Oaks Lift Station and Pressure Sewer Reimbursement agreement. 1.9 No permanent structures(trash receptacle walls,trees,bushes,buildings,carports, fences, infiltration trenches,light poles,etc.)are to be built within the utility easement. 1.10 Sewer must be built 1Oft from edge of easement. 1.11 Ensure no sewer services pass through infiltration trenches. 1.12 12-inch water main must be built to and through the development on McDermott Road. On west side of future SH-16,water must connect to north. 1.13 A streetlight plan will be required for the development of this property. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review.Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.men'diancity.org/public works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.oEgj ebLink/DocView.aspx?id 272855&dbid 0&repo MeridianC Lty D. POLICE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id279522&dbid0&repo—Meridian C a E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orgj ebLink/DocView.aspxTid 273744&dbid 0&repo MeridianC Lty F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciU.oEg/WebLink/DocView.g x?id 276592&dbid O&Mpo MeridianCit X G. WEST ADA SCHOOL DISTRICT(WASD) hyps://weblink.meridianciU.orgj ebLink/Doc View.aspxTid 279662&dbid 0&repo MeridianCit &y cr1 H. PARK'S DEPARTMENT City Arborist: https://weblink.meridiancity.oEgj!ebLinkIDocView.aspx?id 272795&dbid O&repo MeridianCit X L COMMUNITY DEVELOPMENT SCHOOL IMPACT https:llweblink.meridianci.v.oLgI ebLinkIDocView.aspx?id 275929&dbid O&repo MeridianCit X J. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.oEg/WebLinkIDocView.Wx?id 273537&dbid O&Mpo MeridianCit &y cr1 K. IDAHO TRANSPORTATION DEPARTMENT(ITD) hyps://weblink.meridianciU.org/WebLink/DocView.aspxTid 278192&dbid 0&repo—Meridian Cit X L. ADA COUNTY HIGHWAY DISTRICT(ACHD) hyps://weblink.meridiancity.orgj ebLink/Doc View.aspxTid 275528&dbid 0&repo MeridianCit X IX. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to R-15, R-40 and C-G and subsequent development is generally consistent with the Comprehensive Plan and the MU-R FL UM designation. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of commercial uses which will assist in providing for the service needs of area residents;and residential uses which will contribute to the range of housing opportunities in the City consistent with the purpose statement of the commercial and residential districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire,ACHD, etc.). (See Section VIII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware ofany health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 zoning district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map designation of MU-R and is allowed as a conditional use in UDC Table 11-2B-2 in the R-40 zoning district. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water,and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. D.Variance(UDC 11-513-4): 1. The variance relieves an undue hardship because of characteristics of the site; The City Council finds an undue hardship exists to this site due to the future extension of SH- 16 and the Sky Pilot Drain bisecting this site, which will be relieved by granting the requested variance. 2. The variance shall not be detrimental to the public health, safety,and welfare. The City Council finds granting the variance shall not be detrimental to the public health, safety and welfare. E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of Design Build AIA Agreement with Evergreen Skateparks, LLC for the Discovery Park Skate Park for the Not-To-Exceed Amount of$634,000.00 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: March 28, 2023 Presenter: Consent Estimated Time: N/A Topic: Approval of Design Build AIA Agreement with Evergreen Skateparks, LLC for the Discovery Park Skate Park for the Not-To-Exceed Amount of$634,000.00. Recommended Council Action: Approval of Design Build AIA Agreement with Evergreen Skateparks, LLC for the Discovery Park Skate Park for the Not-To-Exceed Amount of$634,000.00. Background: This agreement is the final result of negotiations with Evergreen Skateparks and City Procurement, Legal and Parks staff. Meridian , Idaho Skatepark Cost Estimate SKATEPARK CONSTRUCTION COSTQuantity TURNKEY SKATEPARK DESIGN&CONSTRUCTION-15,000 ft2 15,000 $40.00 $600,000.00 AGGREGATE FOR OVER-EXCAVATION $15,000.00 INSTALLATION OF 3 CATCH BASINS&DRAIN LINE FOR LANDSCAPING AREA $19,000.00 TOTAL • ' DESIGN & CONSTRUCTION000 INCLUSIONS: • Grading&compaction • Skate park construction from start to finish • Form setting EXCLUSIONS: • Design consultation • Rebar installation . Landscaping/site restoration/seeding • Computer rendered design . All concrete/shotcrete shaping&finishing .Amenities outside of the skatepark • Construction documents/specifications • Detail work:caulking, painting, sealing, clean up .Walk ways • Site plan . Performance/Payment Bonds . Shade structures • Site analysis • 1 connection entrance . Irrigation • Excavation of the job site • 2 underground sleeves for future utilities . Lighting • Drainage and/or plumbing installation/tie in . Installation of 3 catch basins&drain line for . Material Testing • Steel fabrication&welding landscape area - 1y • dp . • ` ` . • • r evergreenskateparks.com (503)807-0103 evergreenskateparks@gmail.com v''o?"s rc3 d 0 �. PROPOSED SKATE PARK +zzC -------- ADDITION zw t Q _3 123� ____ - G1➢gCAMs LOCATION MAP � AREA OF WORK MAP Y 8 ce � x PROJECT TEAM GENERAL NOTES o s a OVMESS SEPRESEMATIVE , ORESTOWNRJRaI—ADJA 1 Y W i sEVD cu!AND FlLLs W N�gpR NANRALGROUND. ce U I - RARaRSD�RIrvErvDEry x DoNGGN,.IrvxINErvGGNSG rvGxNA�IrvGs ¢ 3 LL� MxERRwDwA.A�ErvuE a a o e iA° xsE�W«Ery EaErv,G= Pa��ANEPaIW_E o IANCSCAPEASCNITECT REmESEN,ATrvEwArvvOWRU— T"' EARS.RLA D. M*NGRWP,uO DLRORERAN l-5 TWE1 WOnaNG mvs PR-TO STARDNGwORK. Q O h I Aemu,gR 9ne DEp3�y1�SyTDµ EWIMI SANOTIRaATEW Q ISDA Sx3+eea RAx EWiEa W„)ROrv=.ss TMx+MxWRS PRpR TO BEGINNIrvG Sl� SM—M-81 BCONTPACTCN 33VRa Oil DRAWING INDEX SHEETTIRLE SH—UMER -------------- IIWI a m HANP��—��-N- —_ _ __— _3D MODEL VIEW - RERERErvG Know whars below. sEAT�ARrvsEG,Iorv�D"'_---_-_______Sa,D Call before you dig. _------ __ __-_s�,TERARAEEGDMIL ETAII� GP1x Wrv�RUG,�IDE,AI, EE,--------- ----GR,D SPO a 8 pO ABBSENATIONS GENERAL NOTES (7 2 °@' ' ran rananro�xw unar.n reiv. xanEm«xxsrcmarm�sws �(9��� N=8 urx oxw«�� 3 :I Ixwra mreixm�msrmswxnruromr. reaaxmmswvnws �O �� rwm,xsmmswaI Alloxarvasranmm.rruuvxmmeri ® vsd - ®xo gavrcs oiEm a �rTMmucmasxvia sv3ir mw�t�arxEsmns�rmnxvaem(„vsruvcxo ce uv �nixxmj, swumxnr mmmexoirtrxr wnximixmox+rxrrrtcv«a `�' �xr a �r�ArEmmim,rzre re smrovmrrwoam sianrrr. vM1'`�S.x/��• — — (� o aeo mrxo xusiuraro m�wxnro�rmxsrt xrnnrmpxo. �L4-1123 �x uartro�ar�emmosr�Emrosrewva�mmro�m+Hiasrt6 lq�.�p — oaxe�r mxxie � � a os ow.x swur � �>t�xnae ow° oMwa� Ao _smsERo.x.� u s�saswxaE�xw Y � W � cKwmE y z � W w � p' s«®«xEwwue�exr 0 O h — O swxaEsws sv svuxaE awR squekrrm - �nux�exa•�a rx SP1 o♦ / / 0 CL LEGEND z 3 - !I Flwrem...�®uxa�xsmwmwEowarf ror�r �O waIUND LOE ew, � \\\ . • , ., •. • '3 IIII II\ � ® �� wurrt.x /�„�, ��� � • • �� IIII �'� � _# II \ I I I .�° �� I g1LL Fl9D •♦ �• \ GENERAL NOTES D� ♦ SURVEY DATA PROVIDED BY. K CRY OF MERIDIAN-PMKS DEPMWMT-79 W //p I/ ,1♦ Q i OU 0 A VIE ------------------------ /// IXPAN90N♦ � U / r F , t _r r ♦ r r r r r r r . .r \ o na > I v - £ SgECHEATIDN E E♦ E E E E E E E E E y E E E E E E E f_—<— __ G��'TT'f' ��� _- E- SCALE:1-26-0" SP2 sx4s.+moFaaar z u A n O CATCH BASIN AREA DRAIN PLAN , Q -a f23 ��Nnsrnrs O Y ce SECTION A-A W � � x DITCH INLET Y U h O s p BIO-FILTER BAGS FOR TEMPORARY INLET PROTECTION u a EROSION CONTROL NOTES: C o a mmipm�sw�m®mrmma�nm � z l .m�penmmnndnr�vcvem ne mrmmcnenan�ow.riem,meuwmene O mai m n mnp.ne me 2 meme.apr�gc smeis eem y� rr pm+ma e.eeaiynwmein ns ndepwn 0 anmper�mwno urmmmnegvm uerewm cdaem i'imnsaa w4 awP�e+eanp+rmemnaey aw mnmmr imn.mranm armnsm,n�an. n.pnn rmne.miwucm in mrryream.nm di daarinaam .mxn. w�.F�m�ioeeeq+orvn6YRq�.xerer smmares 'imm.,derea na nPm4 nreswP mm'ix�snai m coaam es resmm rrc inemecree mmo newts me n emim am mtllnem etl smYnmt-Imm xamr m mi Imre tm „� sne. e.nyecee eay gn.min.car ane imxmnmmrecssenra 9 e.nyecree me mamsneeemnmumo�omae mannawmnn.aanmre m�vrp eem�rm.vnt d.Imamsm—db"mtmma n.epmneamretuenneb E0.o5lOx CyU RaL pmmdr., er�anran.xqa a�smm mrmiiww�m�eamPmlcn.eaii.r®may erepr.erouv..nviai �SP3 rL �j 0. ------------------ ------------------ ----------------------— --------- E - I- ---- ------ ---EEE -- - t -- ---------It --------------- ----------------------------------- - ----------- *- ----- - ----- --------------- 7 ------------- ------ ----- - IT 77- ------------ ------ ----------- ---------- - ----- -------------11 1, N -_4--- u F, ---------- --------- ------- ----- ------------------ -------------- Faro i L - ------------- ---- --- a 0 U --- ------- 1, -T- LAYOLFr LEGEND LAYOUT NOTES —D—E— SP4 wa sa° \ w 41 ,� _ a«.m«tea«.w M°° •a«.w i ,; ® wq«: { O a Cam'°"° � •. . -------------------- -.- - --- ---- -s,� �a 9 2748 _ O _ a s1177 O — GRADING/ELEVATION LEGEND GRADING/ELEVATION LEGEND(CONT.) GRADING NOTES scALe:r-m•a• SP5 R \\ U) 4 � AN ce / t�in,3.w.• /�Em.�u�. Q o ---------I i Rl OW --- ---------------- ms, J --� �'\ !j Sff OEfAIL BPI•V _... d s. �-: -• DRAINAGE LEGEND DRAINAGE NOTES �RPoA°.T— .. ® �e•s¢.rmsox�. - aau� oRRR.rt re.R.En a"X°cg'�Tr,RT.i°Rr msrx° m °RwR.�.RERR°R° stop® o "s 7F e E.� ®�]SC FLOOR DRAI MG�4®rtptrw�e Poc'rvf u•un sGtoRI SQUARE STEEL BASI N SP7 JOKES STEPXENS CARP. xT5 C� (OR EQUAL) 0 CLEAN OUT DETAIL SP7 rv.Ts. �tyroscrw.*� Y z x NOT USED NOT USED NOT USED ° sce a Y a a 5 0 y z 0 U a 0 h 0 NOT USED NOT USED NOT USED �SP7 k � Wiz \�" /" �. •�. � � © -egg J g - ce c Ln --- u o a ce ----- ---- C O - - - u o _ U vi MATERIALS LEGEND MATERIAL CALL-OUTS _ __ O=a� m..o.nm muamu.xsu o_ma uvu� p..a. .acm3 p� ,e�wx�o��c•�..o An O•TM� etas:r-ia•a• �+ \{ N M / \ 9 \ Y �N�B� Q Y u � O >, a U p= R _ < d o� _ z _ O 2 __ U fl REFERENCE LEGEND REFERENCE NOTES o oEin6 tl�t4 Q"P�eySVLl 2mIL4�Ll NLE/�13 ____ oEiAR p�Ll SCALE:1'=10-0' W,rl M Aq 2 V.— -------- dusx SECTION'B' SECTION'A' dve7=V ce ------------------ SECTION'E' SECTIONV -,Z 0 dl SECTION'C' ao x.,s y z L u 2 ---------- Mex SECTION F c SEMON'G' SECTION'H' spi 0 (f E wL ------------- 100 SECTION SECrION'Y gaff a ce ----------------- u - ------------- 0'n u SEMON V z 0 u 4 2 —U. SECTION W SECRON'N' SECrION'U N spi 1 01. DO ungA ----------------—--- o SEC N'g SECTION SECTION'Q' ce 'n 0 u SECTIONIV SECTIONS' SECTION 7' ce 5 O u 2 SP12 -1. -- Pam+ Z.dy euwx wo romsiac 6 x3wx� 0 S " u89 a A 5"ODNCRETE PAVING DETAIL w�. e 13 xrs. E STEEL COPING DETAIL xwrox�w «o: �� x•rowx r _ ©FLAT RAIL DETAIL xrs Pxw®e u�m P13 4Z g SCORE JOINT.TYP.(SI) �F1 STEEL EDGING DETAILY 1 xss 1 x.rs ce � x xnae�w Q u o ixroa®mca - o,ox�ox Eo w �o­u3— he.p�xrs caxcxEw www • U W •� a o Iwmx+rcxwxcAErei > z — ?a RAILING EMBEDMENT DETAIL — — —= xaxrnxaaaoaysx. V x.rs � 0 O u POOL COPING EXPANSION J O� (EJ) � xrs 13 13 arrn�w uuaxowaw xss r-xww3��a° enn®+eo.c. uwrox �� mw<xsxeawre �vuL54�E5 wai earn K 4"THICK ODNCRETE SIDEWALK DETAIL . w ncr s3e�a+ 1 xrs D TOE CONNECTION DETAIL SLEEVE INSTALLATION DETAIL P13 xrs °� I. Document A141 ® - 2014 Exhibit A Design-Build Amendment This Design-Build Amendment("Amendment"),dated this day of ,in the year 2023,is incorporated into that certain AIA Document A141Tm--2014, Standard Form of Agreement Between Owner and Design-Builder dated the 18th day of January in the year 2022(the "Agreement"). ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its for the following PROJECT: completion.The author may also have revised the text of the original (Name and location or address) AIA standard form.An Additions and Discovery Park Phase II Deletions Report that notes added n information as well as revisions to the Skatepark Design-Build standard form text is available from the author and should be reviewed.A THE OWNER: vertical line in the left margin of this (Name, legal status and address) document indicates where the author has added necessary information City of Meridian and where the author has added to or Department of Parks and Recreation deleted from the original AIA text. 33 E.Broadway Avenue Meridian,Idaho 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect THE DESIGN-BUILDER: to its completion or modification. (Name, legal status and address) Consultation with an attorney is also Evergreen Skateparks LLC encouraged with respect to 5327 SE 69th Avenue professional licensing requirements Portland, Oregon 97206 in the jurisdiction where the Project is located. The Owner and Design-Builder hereby amend the Agreement as follows. TABLE OF ARTICLES A.1 CONTRACT SUM A.2 CONTRACT TIME A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 DESIGN-BUILDER'S PERSONNEL,CONTRACTORS AND SUPPLIERS A.5 COST OF THE WORK ARTICLE A.1 CONTRACT SUM § A.1.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's performance of the Contract after the execution of this Amendment.The Contract Sum shall be one of the following and shall include compensation the Owner paid the Design-Builder for Work performed prior to execution of this Amendment: (Check the appropriate box.) [ X ] Stipulated Sum,in accordance with Section A.1.2 below Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance I with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) [ ] Cost of the Work plus the Design-Builder's Fee,in accordance with Section A.1.3 below [ ] Cost of the Work plus the Design-Builder's Fee with a Guaranteed Maximum Price,in accordance with Section A.1.4 below (Based on the selection above, complete Section A.1.2,A.1.3 or A.1.4 below) § A.1.2 Stipulated Sum § A.1.2.1 The Stipulated Sum shall be Six Hundred Thirty-Four Thousand Dollars($$634,000.00),subject to authorized adjustments as provided in the Design-Build Documents.The Stipulated Sum shall include all payments made by the Owner to the Design-Builder prior to the execution of this Amendment. § A.1.2.2 The Stipulated Sum is based upon the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner:As set forth in"Exhibit A—Attachment 1"and"Exhibit A—Attachment 2",which are attached hereto and incorporated herein. (State the numbers or other identification of accepted alternates.If the Owner is permitted to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the change in Stipulated Sum for each and the deadline by which the alternate must be accepted.) § A.1.2.3 Unit prices,if any:As set forth in"Exhibit A—Attachment 1"and"Exhibit A—Attachment 2",which are attached hereto and incorporated herein. (Identify item,state the unit price, and state any applicable quantity limitations) Item Units and Limitations Price per Unit($0.00) § A.1.3 Cost of the Work Plus Design-Builder's Fee Section A.1.3 and related subsections not applicable. § A.1.3.1 The Cost of the Work is as defined in Article A.5,Cost of the Work. § A.1.3.2 The Design-Builder's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Design-Builder's Fee, and the method for adjustment to the Fee for changes in the Work.) § A.1.4 Cost of the Work Plus Design-Builder's Fee With a Guaranteed Maximum Price Section A.1.4 and related subsections not applicable. § A.1.4.1 The Cost of the Work is as defined in Article A.5,Cost of the Work. § A.1.4.2 The Design-Builder's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Design-Builder's Fee and the method for adjustment to the Fee for changes in the Work.) § A.1.4.3 Guaranteed Maximum Price § A.1.4.3.1 The sum of the Cost of the Work and the Design-Builder's Fee is guaranteed by the Design-Builder not to exceed ($ ),subject to additions and deductions for changes in the Work as provided in the Design-Build Documents. Costs that would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design-Builder without reimbursement by the Owner. (Insert specific provisions if the Design-Builder is to participate in any savings) Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 2 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) § A.1.4.3.2 Itemized Statement of the Guaranteed Maximum Price Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories,allowances, contingencies,alternates,the Design-Builder's Fee,and other items that comprise the Guaranteed Maximum Price. (Provide information below or reference an attachment.) § A.1.4.3.3 The Guaranteed Maximum Price is based on the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If the Owner is permitted to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the change in the Cost of the Work and Guaranteed Maximum Price for each and the deadline by which the alternate must be accepted.) § A.1.4.3.4 Unit Prices,if any: (Identify item,state the unit price, and state any applicable quantity limitations) Item Units and Limitations Price per Unit($0.00) § A.1.4.3.5 Assumptions,if any,on which the Guaranteed Maximum Price is based: § A.1.5 Payments § A.1.5.1 Progress Payments § A.1.5.1.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder,the Owner shall make progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the Design-Build Documents. § A.1.5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. § A.1.5.1.3 Owner's Payment Terms are Net 30 from the date the Owner receives a complete and correct invoice. § A.1.5.1.4 Reserved. § A.1.5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price,the Design-Builder shall submit the most recent schedule of values in accordance with the Design-Build Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.Compensation for design services,if any,shall be shown separately.Where the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price,the Design-Builder's Fee shall be shown separately.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.This schedule of values,unless objected to by the Owner,shall be used as a basis for reviewing the Design-Builder's Applications for Payment. § A.1.5.1.6 In taking action on the Design-Builder's Applications for Payment,the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Sections A.1.5.1.4 or A.1.5.1.5,or other supporting data;to have made exhaustive or continuous on-site inspections;or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid. Such examinations,audits and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 3 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) § A.1.5.1.7 Except with the Owner's prior approval,the Design-Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § A.1.5.2 Progress Payments—Stipulated Sum § A.1.5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § A.1.5.2.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5 %)on the Work.Pending final determination of cost to the Owner of Changes in the Work,amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5%); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,the Owner has withheld or nullified,as provided in Section 9.5 of the Agreement. § A.1.5.2.3 The progress payment amount determined in accordance with Section A.1.5.2.2 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Section 9.8.6 of the Agreement discusses release of applicable retainage upon Substantial Completion of Work.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Design-Builder,any additional amounts payable in accordance with Section 9.10.3 of the Agreement. § A.1.5.2.4 Reduction or limitation of retainage,if any,shall be as follows:Not applicable. (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections A.1.5.2.2.1 and A.1.5.2.2.2 above, and this is not explained elsewhere in the Design-Build Documents, insert provisions here for such reduction or limitation) § A.1.5.3 Progress Payments—Cost of the Work Plus a Fee Section A.1.5.3 and related subsections not applicable. § A.1.5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum Price,Applications for Payment shall show the Cost of the Work actually incurred by the Design-Builder through the end of the period covered by the Application for Payment and for which Design-Builder has made or intends to make actual payment prior to the next Application for Payment. § A.1.5.3.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Article A.5 of this Amendment; .2 Add the Design-Builder's Fee,less retainage of percent( %).The Design-Builder's Fee shall be computed upon the Cost of the Work described in the preceding Section A.1.5.3.2.1 at the rate stated in Section A.1.3.2;or if the Design-Builder's Fee is stated as a fixed sum in that Section,an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in that Section bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract retainage of percent( %)from that portion of the Work that the Design-Builder self-performs; .4 Subtract the aggregate of previous payments made by the Owner; Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 4 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) .5 Subtract the shortfall,if any,indicated by the Design-Builder in the documentation required by Section A.1.5.1.4 or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .6 Subtract amounts,if any,for which the Owner has withheld or withdrawn a Certificate of Payment as provided in the Section 9.5 of the Agreement. § A.1.5.3.3 The Owner and Design-Builder shall agree upon(1)a mutually acceptable procedure for review and approval of payments to the Architect,Consultants,and Contractors and(2)the percentage of retainage held on agreements with the Architect,Consultants,and Contractors,and the Design-Builder shall execute agreements in accordance with those terms. § A.1.5.4 Progress Payments—Cost of the Work Plus a Fee with a Guaranteed Maximum Price Section A.1.5.4 and related subsections not applicable. § A.1.5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed;or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Design-Builder on account of that portion of the Work for which the Design-Builder has made or intends to make actual payment prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § A.1.5.4.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 Add the Design-Builder's Fee,less retainage of percent( %).The Design-Builder's Fee shall be computed upon the Cost of the Work at the rate stated in Section A.1.4.2 or,if the Design-Builder's Fee is stated as a fixed sum in that Section,shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of percent( %)from that portion of the Work that the Design-Builder self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall,if any,indicated by the Design-Builder in the documentation required by Section A.1.5.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .7 Subtract amounts,if any,for which the Owner has withheld or nullified a payment as provided in Section 9.5 of the Agreement. § A.1.5.4.3 The Owner and Design-Builder shall agree upon(1)a mutually acceptable procedure for review and approval of payments to the Architect,Consultants,and Contractors and(2)the percentage of retainage held on agreements with the Architect,Consultants,and Contractors; and the Design-Builder shall execute agreements in accordance with those terms. § A.1.5.5 Final Payment § A.1.5.5.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Design-Builder not later than 30 days after the Design-Builder has fully performed the Contract and the requirements of Section 9.10 of the Agreement have been satisfied,except for the Design-Builder's responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements,if any,which extend beyond final payment. Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 5 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) § A.1.5.5.2 If the Contract Sum is based on the Cost of the Work,the Owner's auditors will review and report in writing on the Design-Builder's final accounting within 30 days after the Design-Builder delivers the final accounting to the Owner.Based upon the Cost of the Work the Owner's auditors report to be substantiated by the Design-Builder's final accounting,and provided the other conditions of Section 9.10 of the Agreement have been met, the Owner will,within seven days after receipt of the written report of the Owner's auditors,either issue a final Certificate for Payment,or notify the Design-Builder in writing of the reasons for withholding a certificate as provided in Section 9.5.1 of the Agreement. ARTICLE A.2 CONTRACT TIME § A.2.1 Contract Time,as defined in the Agreement at Section 1.4.13,is the period of time,including authorized adjustments,for Substantial Completion of the Work. § A.2.2 The Design-Builder shall achieve Substantial Completion of the Work not later than One Hundred Twenty 120)days from the date of this Amendment,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement.If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Not Applicable Portion of Work Substantial Completion Date subject to adjustments of the Contract Time as provided in the Design-Build Documents. (Insertprovisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus payments for early completion of the Work.) As specified in the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Contract Sum and Contract Time set forth in this Amendment are based on the following: § A.3.1.1 The Supplementary and other Conditions of the Contract:Not applicable. Document Title Date Pages § A.3.1.2 The Specifications: (Either list the specifications here or refer to an exhibit attached to this Amendment.) As set forth in"Exhibit A—Attachment 1"and"Exhibit A—Attachment 2",which are attached hereto and incorporated herein. Section Title Date Pages § A.3.1.3 The Drawings: (Either list the drawings here or refer to an exhibit attached to this Amendment.) As set forth in"Exhibit A—Attachment 1"and"Exhibit A—Attachment 2",which are attached hereto and incorporated herein. Number Title Date § A.3.1.4 The Sustainability Plan,if any:Not applicable. Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 6 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) (If the Owner identified a Sustainable Objective in the Owner's Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number ofpages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures;the Owner's and Design-Builder's roles and responsibilities associated with achieving the Sustainable Measures;the specific details about design reviews, testing or metrics to verb achievement of each Sustainable Measure;and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date Pages Other identifying information: § A.3.1.5 Allowances and Contingencies:Not applicable. (Identify any agreed upon allowances and contingencies, including a statement of their basis) .1 Allowances .2 Contingencies § A.3.1.6 Design-Builder's assumptions and clarifications: As set forth in"Exhibit A—Attachment 1"and"Exhibit A—Attachment 2",which are attached hereto and incorporated herein. § A.3.1.7 Deviations from the Owner's Criteria as adjusted by a Modification:Not applicable. § A.3.1.8 To the extent the Design-Builder shall be required to submit any additional Submittals to the Owner for review,indicate any such submissions below:Not applicable. ARTICLE A.4 DESIGN-BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS § A.4.1 The Design-Builder's key personnel are identified below: (Identify name, title and contact information) .1 Superintendent Billy Coulon .2 Project Manager Billy Coulon .3 Others Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 7 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) § A.4.2 The Design-Builder shall retain the following Consultants,Contractors and suppliers,identified below:Not applicable. (List name, discipline, address and other information) ARTICLE A.5 COST OF THE WORK § A.5.1 Cost To Be Reimbursed as Part of the Contract § A.5.1.1 Labor Costs § A.5.1.1.1 Wages of construction workers directly employed by the Design-Builder to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. § A.5.1.1.2 With the Owner's prior approval,wages or salaries of the Design-Builder's supervisory and administrative personnel when stationed at the site. (If it is intended that the wages or salaries of certain personnel stationed at the Design-Builder's principal or other offices shall be included in the Cost of the Work, ident fy below the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work.) Person Included Status(full-time/part-time) Rate($0.00) Rate(unit of time) Not applicable. § A.5.1.1.3 Wages and salaries of the Design-Builder's supervisory or administrative personnel engaged at factories, workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. § A.5.1.1.4 Costs paid or incurred by the Design-Builder for taxes,insurance,contributions,assessments and benefits required by law or collective bargaining agreements and,for personnel not covered by such agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Section A.5.1.1. § A.5.1.1.5 Bonuses,profit sharing,incentive compensation and any other discretionary payments paid to anyone hired by the Design-Builder or paid to the Architect or any Consultant,Contractor or supplier,with the Owner's prior approval. § A.5.1.2 Contract Costs.Payments made by the Design-Builder to the Architect,Consultants,Contractors and suppliers in accordance with the requirements of their subcontracts. § A.5.1.3 Costs of Materials and Equipment Incorporated in the Completed Construction § A.5.1.3.1 Costs,including transportation and storage,of materials and equipment incorporated or to be incorporated in the completed construction. § A.5.1.3.2 Costs of materials described in the preceding Section A.5.1.3.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials,if any,shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Design-Builder.Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § A.5.1.4 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § A.5.1.4.1 Costs of transportation,storage,installation,maintenance,dismantling and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Design-Builder at the site and fully consumed in the performance of the Work.Costs of materials, supplies,temporary facilities,machinery,equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.Costs for items not fully consumed by the Design-Builder shall mean fair market value. § A.5.1.4.2 Rental charges for temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Design-Builder at the site and costs of transportation,installation,minor repairs,dismantling and removal.The total rental cost of any Design-Builder-owned item may not exceed the Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 8 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) purchase price of any comparable item.Rates of Design-Builder-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § A.5.1.4.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § A.5.1.4.4 Costs of document reproductions,electronic communications,postage and parcel delivery charges, dedicated data and communications services,teleconferences,Project websites,extranets and reasonable petty cash expenses of the site office. § A.5.1.4.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,with the Owner's prior approval. § A.5.1.5 Miscellaneous Costs § A.5.1.5.1 Premiums for that portion of insurance and bonds required by the Design-Build Documents that can be directly attributed to the Contract.With the Owner's prior approval self-insurance for either full or partial amounts of the coverages required by the Design-Build Documents. § A.5.1.5.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for which the Design-Builder is liable. § A.5.1.5.3 Fees and assessments for the building permit and for other permits,licenses and inspections for which the Design-Builder is required by the Design-Build Documents to pay. § A.5.1.5.4 Fees of laboratories for tests required by the Design-Build Documents,except those related to defective or nonconforming Work for which reimbursement is excluded by Section 15.5.3 of the Agreement or by other provisions of the Design-Build Documents,and which do not fall within the scope of Section A.5.1.6.3. § A.5.1.5.5 Reserved. § A.5.1.5.6 With the Owner's prior approval,costs for electronic equipment and software directly related to the Work. § A.5.1.5.7 Deposits lost for causes other than the Design-Builder's negligence or failure to fulfill a specific responsibility in the Design-Build Documents. § A.5.1.5.8 Reserved. § A.5.1.5.9 With the Owner's prior approval,expenses incurred in accordance with the Design-Builder's standard written personnel policy for relocation,and temporary living allowances of,the Design-Builder's personnel required for the Work. § A.5.1.5.10 That portion of the reasonable expenses of the Design-Builder's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § A.5.1.6 Other Costs and Emergencies § A.5.1.6.1 Other costs incurred in the performance of the Work if,and to the extent,approved in advance in writing by the Owner. § A.5.1.6.2 Costs incurred in taking action to prevent threatened damage,injury or loss in case of an emergency affecting the safety of persons and property. § A.5.1.6.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Design-Builder, Contractors or suppliers,provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Design-Builder and only to the extent that the cost of repair or correction is not recovered by the Design-Builder from insurance,sureties,Contractors,suppliers,or others. Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 9 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) § A.5.1.7 Related Party Transactions § A.5.1.7.1 For purposes of Section A.5.1.7,the term"related party"shall mean a parent,subsidiary,affiliate or other entity having common ownership or management with the Design-Builder;any entity in which any stockholder in,or management employee of,the Design-Builder owns any interest in excess of ten percent in the aggregate;or any person or entity which has the right to control the business or affairs of the Design-Builder.The term"related party" includes any member of the immediate family of any person identified above. § A.5.1.7.2 If any of the costs to be reimbursed arise from a transaction between the Design-Builder and a related party, the Design-Builder shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after such notification,authorizes the proposed transaction,then the cost incurred shall be included as a cost to be reimbursed,and the Design-Builder shall procure the Work,equipment,goods or service from the related party,as a Contractor,according to the terms of Section A.5.4.If the Owner fails to authorize the transaction,the Design-Builder shall procure the Work,equipment,goods or service from some person or entity other than a related party according to the terms of Section A.5.4. § A.5.2 Costs Not to Be Reimbursed as Part of this Contract The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Design-Builder's personnel stationed at the Design-Builder's principal office or offices other than the site office,except as specifically provided in Section A.5.1.1; .2 Expenses of the Design-Builder's principal office and offices other than the site office; .3 Overhead and general expenses,except as may be expressly included in Section A.5.1; .4 The Design-Builder's capital expenses,including interest on the Design-Builder's capital employed for the Work; .5 Except as provided in Section A.5.1.6.3 of this Agreement,costs due to the negligence or failure of the Design-Builder,Contractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Section A.5.1;and .7 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded. § A.5.3 Discounts, Rebates, and Refunds § A.5.3.1 Cash discounts obtained on payments made by the Design-Builder shall accrue to the Owner if(1)before making the payment,the Design-Builder included them in an Application for Payment and received payment from the Owner,or(2)the Owner has deposited funds with the Design-Builder with which to make payments;otherwise,cash discounts shall accrue to the Design-Builder.Trade discounts,rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Design-Builder shall make provisions so that they can be obtained. § A.5.3.2 Amounts that accrue to the Owner in accordance with Section A.5.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. § A.5.4 Other Agreements § A.5.4.1 When the Design-Builder has provided a Guaranteed Maximum Price,and a specific bidder(1)is recommended to the Owner by the Design-Builder;(2)is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Design-Build Documents without reservations or exceptions,but the Owner requires that another bid be accepted,then the Design-Builder may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Design-Builder and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. §A.5.4.2 Agreements between the Design-Builder and Contractors shall conform to the applicable payment provisions of the Design-Build Documents,and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner.If an agreement between the Design Builder and a Contractor is awarded on a cost plus a fee basis,the Design-Builder shall provide in the agreement for the Owner to receive the same audit rights with regard to the Cost of the Work performed by the Contractor as the Owner receives with regard to the Design-Builder in Section A.5.5, below. Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 10 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) §A.5.4.3 The agreements between the Design-Builder and Architect and other Consultants identified in the Agreement shall be in writing.These agreements shall be promptly provided to the Owner upon the Owner's written request. § A.5.5 Accounting Records The Design-Builder shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under the Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Design-Builder's records and accounts,including complete documentation supporting accounting entries,books,correspondence,instructions,drawings,receipts,subcontracts,Contractor's proposals,purchase orders,vouchers,memoranda and other data relating to the Contract.The Design-Builder shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. § A.5.6 Relationship of the Parties The Design-Builder accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to exercise the Design-Builder's skill and judgment in furthering the interests of the Owner;to furnish efficient construction administration,management services and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. This Amendment to the Agreement entered into as of the day and year first written above. OWNER(Signature) DESIGN-BUILDER(Signature) Robert E. Simison,Mayor 4-4-2023 Billy CoulonPrincipal (Printed name and title) (Printed name and title) Attest: Chris Johnson,City Clerk 4-4-2023 Init. AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET 11 on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) Additions and Deletions Report for AIA®Document A141°— 2014 Exhibit A This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:32:54 ET on 03/09/2023. PAGE This ^met4 me t:s 44eafpar-ated 44to the^ g Design-Build Amendment("Amendment"), dated this day of ,in the year 2023,is incorporated into that certain AIA Document A141Tm--2014, Standard Forth of Agreement Between Owner and Design-Builder dated the 18th day of JanuMin the year(the"Agr-e€meHfn)2022 the "Agreement"). Discovery Park Phase II Skatepark Design-Build City of Meridian Department of Parks and Recreation 33 E.Broadway Avenue Meridian,Idaho 83642 Evergreen Skateparks LLC 5327 SE 69th Avenue Portland, Oregon 97206 § A.1.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's performance of the Contract after the execution of this Amendment.The Contract Sum shall be one of the following and shall include compensation the Owner paid the Design-Builder for Work performed prior to execution of this Amendment: [ X ] Stipulated Sum,in accordance with Section A.1.2 below PAGE 2 § A.1.2.1 The Stipulated Sum shall be Six Hundred Thirty-Four Thousand Dollars($$634,000.00), subject to authorized adjustments as provided in the Design-Build Documents.The Stipulated Sum shall include all payments made by the Owner to the Design-Builder prior to the execution of this Amendment. Additions and Deletions Report for AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) § A.1.2.2 The Stipulated Sum is based upon the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner:As set forth in"Exhibit A-Attachment 1"and"Exhibit A-Attachment 2",which are attached hereto and incorporated herein. § A.1.2.3 Unit prices,if any:As set forth in"Exhibit A-Attachment 1"and"Exhibit A-Attachment 2",which are attached hereto and incorporated herein. § A.1.3 Cost of the Work Plus Design-Builder's Fee Section A.1.3 and related subsections not applicable. § A.1.4 Cost of the Work Plus Design-Builder's Fee With a Guaranteed Maximum Price Section A.1.4 and related subsections not applicable. PAGE 3 § A.1.5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the ^.,,t, s f 4ews:month. § A.1.5.1.3 #m s after-the C)vne+we€",esthe Applieatioi4 for-Paj+ne44. wner's Payment Terms are Net 30 from the date the Owner receives a complete and correct invoice. § A.1.5.1.4 Pesign Builder-'s Fee;plus(3)pa�Talls for-the period covered by the pr-eseRl Applicatiwi for-12-a-1 .Reserved. PAGE 4 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent(5 %)on the Work.Pending final determination of cost to the Owner of Changes in the Work,amounts not in dispute shall be included as provided in Section 6.3.9 of the Agreement; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of five percent(5%); § A.1.5.2.4 Reduction or limitation of retainage,if any,shall be as follows:Not applicable. § A.1.5.3 Progress Payments—Cost of the Work Plus a Fee Section A.1.5.3 and related subsections not applicable. PAGE 5 Additions and Deletions Report for AIA Document A141—2014 Exhibit A.Copyright @ 2004 and 2014>.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was 2 produced at 16:32:54 ET on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) § A.1.5.4 Progress Payments—Cost of the Work Plus a Fee with a Guaranteed Maximum Price Section A.1.5.4 and related subsections not applicable. PAGE 6 § A.2.2 The Design-Builder shall achieve Substantial Completion of the Work not later than One Hundred Twenty 120)days from the date of this Amendment,or as follows: Not Applicable As specified in the Agreement. § A.3.1.1 The Supplementary and other Conditions of the Contract:Not applicable. As set forth in"Exhibit A—Attachment 1"and"Exhibit A—Attachment 2",which are attached hereto and incorporated herein. As set forth in"Exhibit A—Attachment 1"and"Exhibit A—Attachment 2",which are attached hereto and incorporated herein. § A.3.1.4 The Sustainability Plan,if any:Not applicable. PAGE 7 § A.3.1.5 Allowances and Contingencies:Not applicable. As set forth in"Exhibit A—Attachment 1"and"Exhibit A—Attachment 2",which are attached hereto and incorporated herein. § A.3.1.7 Deviations from the Owner's Criteria as adjusted by a Modification:Not applicable. § A.3.1.8 To the extent the Design-Builder shall be required to submit any additional Submittals to the Owner for review,indicate any such submissions below:Not applicable. Billy Coulon Billy Coulon PAGE 8 Additions and Deletions Report for AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014>.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was 3 produced at 16:32:54 ET on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) § A.4.2 The Design-Builder shall retain the following Consultants,Contractors and suppliers, identified below:Not applicable. Not applicable. PAGE 9 § A.5.1.5.5 PesigH Bttild Poettmef4s;the cost of defe-Rdifig suits or-claims for-444ingemef4 of patef4 r4g-Ws afisifig fFafn stio-h- rv"ir-emei4t of the Pesign Build Paethmef4s;and p"efAs made 44 accer-daRee with legal judgmef4s against 04e Pesigfi Builder-'s Fee or-subject to the Cma+af4eed Mwk4pth-a Price.if stieh r-ayal4ies, fees a+1d easts af e excluded by the they s4al i4at e;,,hide i the r f st .,,o 1x A-4-4.Reserved. § A.5.1.5.8 mbitFa4iot4 costs,44cludit4g a4ameys' fees,other-d4aH these mising fFofn dispu4es betwee+i the Qwi4er-a orf^....,,mee of the Wofk.Reserved. PAGE 11 i Robert E. Simison,Mayor Billy CoulortPrincipal 4-4-2023 3/10/23 Attest: Chris Johnson,City Clerk 4-4-2023 Additions and Deletions Report for AIA Document A141—2014 Exhibit A.Copyright©2004 and 2014>.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was 4 produced at 16:32:54 ET on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) Certification of Document's Authenticity AIA° Document D401 TIN - 2003 I,City of Meridian,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:32:54 ET on 03/09/2023 under Order No.2114402301 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A141TM—2014 Exhibit A, Design-Build Amendment,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright @ 1992 and 2003.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 16:32:54 ET on 03/09/2023 under Order No.2114402301 which expires on 01/24/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2018922576) E IDIAN --- AGENDA ITEM ITEM TOPIC: City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: April 4, 2023 Presenter: Kris Blume, Fire Chief Estimated Time: .5 minutes Topic: City of Meridian/Ada County Emergency Medical Services District Station Seven Co- Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: This MCA establishes the terms and conditions of Ada County EMS's lease of a portion of Meridian Fire Station 7 following its construction. AGREEMENT NO. 152—IL CITY OF MERIDIAN /ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT Parties: City of Meridian ("Meridian'), a municipal corporation operating pursuant to the laws of the State of Idaho. Ada County Emergency Medical Services District d/b/a Ada County Emergency Medical Services ("ACEMS"), an ambulance district formed pursuant to Idaho Code Section 31-3908 and existing by virtue of the laws of the State of Idaho. This CITY OF MERIDIAN/ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT ("Agreement") is entered into this Zk`�day of ,2023,by and between Meridian,operating its own municipal fire department known as the Meridian Fire Department ("MFD"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and ACEMS, whose address is 200 W. Front Street, Boise, Idaho 83702. Meridian and ACEMS are at times referred to herein individually as "Party" and collectively as"Parties." WHEREAS,Title 50,Chapter 14,Idaho Code grants to Meridian authority to manage real property owned by the City in ways which the judgment of the City Council deems to be in the public interest; and WHEREAS,Meridian is authorized by Idaho Code section 50-309 to establish fire stations to house engines and other fire-fighting apparatus, and has recently commenced construction on a new fire station, located at 2385 E. Lake Hazel Road, Meridian Idaho ("Station Seven" or the "Premises"),which is expected to be completed by September 2023; and WHEREAS, ACEMS is statutorily required to provide EMS services throughout Ada County,including portions that lie within the service area of MFD; and WHEREAS,the Parties wish to co-locate up to three ACEMS Personnel and one ambulance within Station Seven to facilitate the cost-effective provision of EMS ambulance services on a 24 hour a day/seven days a week basis,to Meridian residents for the foreseeable future;and WHEREAS,Meridian performed a competitive solicitation for the construction of Station Seven and entered into a contract for the completion of Station Seven; and WHEREAS, ACEMS wishes to contribute toward the cost of the construction of Station Seven, as outlined more fully herein; and WHEREAS,the Parties wish to enter into a ten-year co-location agreement,with ACEMS's agreed contribution toward the construction of Station Seven paid,in full, in advance;and CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 1 WHEREAS, pursuant to the resolution required by Idaho Code section 50-1407, adopted concurrently with the execution hereof,Meridian City Council deems that the grant of a leasehold interest in this Meridian real property to ACEMS, as provided herein, serves the public interest; NOW THEREFORE, the Parties declare their intent to enter into this co-location agreement under which ACEMS staff and equipment will be co-located with MFD at Station Seven; in consideration for which ACEMS will contribute to the costs of the construction of Station Seven, as follows. TERMS AND CONDITIONS Section 1. Lease of Certain Space at the Premises. Upon the terms and conditions hereinafter set forth, Meridian grants to ACEMS, and ACEMS accepts from Meridian, a leasehold interest in certain space within the Premises, as specifically provided in Exhibit A, to-wit: ACEMS shall be entitled to exclusive use of two (2) bedrooms and shall be guaranteed one (1) parking bay within the Premises garage for an ambulance. The common spaces identified in Exhibit A will be utilized by both Parties. Meridian may exclude ACEMS from non-common spaces. The Parties recognize that, at the outset of this Agreement, Station Seven is undergoing construction. Therefore, the Parties agree that Exhibit A may be amended in the future to recognize changes to the Premises caused by final construction, but it may also be amended to account for changed needs of the Parties during the term of this Agreement. Any such future amendments must comply with paragraph 14(h) of this Agreement to be effective. (a) Term. The term of this Agreement shall commence on October 1, 2023 ("Commencement Date") and end on September 30, 2033 ("Term"), unless sooner terminated as hereinafter provided. By March 1,2033,ACEMS may propose a written amendment,as contemplated in Section 13(h), extending the Term for an additional ten (10) years. Meridian's acceptance of an extended Term shall not be unreasonably withheld, where both Parties find that such extension would be in the best interest of each respective Parry and of the public served by both Parties. (b) ACEMS Contribution. Subject to an appropriation in the ACEMS fiscal year 2024 budget, ACEMS agrees to contribute towards the construction cost of Station Seven a lump-sum payment in the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for the Term("Contribution"). ACEMS shall pay the Contribution to Meridian in full within thirty (30) days of the Commencement Date of this Agreement. Section 2. Repairs and Maintenance. (a) Meridian's Obligations. Meridian shall be responsible for repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, foundation of the Premises, exterior water, sewage, gas and electrical services and the maintenance, repair and/or replacement of the heating and air conditioning system in the Premises. Meridian shall also be responsible for the following: maintenance of interior walls, ceilings, doors,windows, and related hardware, light fixtures, switches, and electrical wiring and plumbing in the Premises, and all other repair and maintenance CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 2 required to be made to the Premises not otherwise listed in this Section. Meridian shall also maintain the sidewalks, driveways, curbs, parking areas and fences on the Premises and shall provide snow removal for those areas. (b) ACEMS's Obligations. ACEMS shall not be responsible for any repairs or maintenance of the Premises, except that ACEMS shall be responsible for any maintenance and repair necessitated by the actions, including acts of negligence, of ACEMS, its agents, and employees, including maintenance and repairs that would otherwise be the responsibility of Meridian under this Section. Absent evidence to the contrary, it is presumed that repairs and maintenance that may be needed in the future for two (2) bedrooms ACEMS exclusively occupies is attributable to the actions of ACEMS. (c) No Business Interference. In performing any repairs, replacements, alterations, or other work performed on or around the Premises, Meridian shall not cause unreasonable interference with the use of the Premises by ACEMS. ACEMS shall have no claim against Meridian for any inconvenience or disturbance resulting from Meridian's activities performed in conformance with the requirements of this Section. (d) Reimbursement for Repairs and Maintenance Assumed. If either Party fails or refuses to make necessary repairs and/or perform necessary maintenance which are the responsibility of such party under this Agreement, the other party may make the repairs, or perform the maintenance, and charge the actual costs of repairs or maintenance to the defaulting party, which the defaulting parry shall pay within thirty(30) days of an invoice for such charges. Section 3. ACEMS's Use of Premises. (a) Use. The Premises shall be used for sleeping quarters and for the storage of one emergency vehicle and EMS medical supplies. Meridian will provide a reasonable space within the medical supply area, the location and size of which will be mutually agreed upon between the Parties, for EMS medical supplies, as well as space for a small refrigerator unit for storage of perishable medical supplies. Any other use will not be permitted, without the prior written consent of Meridian. (b) Restrictions. In no event shall ACEMS use the Premises, or any part thereof, for the provision of medical services or as a primary residence. ACEMS may only park one (1) emergency vehicle in the attached garage constituting part of the Premises, except as otherwise provided in Section 3(c). (c) Battalion Commander vehicle parking. ACEMS may park an ACEMS Battalion Commander vehicle at Station Seven, on a temporary basis, as needed. Meridian must consent, in writing, to the parking of any other type of emergency vehicle at Station Seven. The ACEMS Battalion commander vehicle is permitted to be parked in the exterior parking area of the Premises and does not have a space in the garage. (d) Additional Parking. During the term of this Agreement, Meridian hereby grants ACEMS a license, for ACEMS to use, on a non-exclusive basis, up to a maximum of three (3) CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 3 parking spaces in Meridian's parking lot adjacent to the Premises, solely for the parking of ACEMS's employees' and staff s personal vehicles and not for the parking of any of ACEMS's emergency vehicles. (e) Observance of Laws. ACEMS shall not use, or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose or purposes for which the Premises are hereby occupies as set forth in Section 3(a); and no use shall be made or permitted to be made of the Premises, or acts done,which cause a violation of any present or future law, regulation, ordinance, and/or rule of THE JOINT COMMISSION ON ACCREDITATION OF HEALTH CARE ORGANIZATIONS and/or any governmental entity with jurisdiction over the Premises, ACEMS or Meridian and which pertain to the Premises, or which will cause a cancellation of any insurance policy covering the Premises, or any part thereof, nor shall ACEMS sell or permit to be kept, used or sold in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Upon written notification as provided for herein, ACEMS shall comply with all reasonable requirements pertaining to the Premises of any insurance organization or company necessary for Meridian to maintain insurance covering the Premises and appurtenances at any time located in and around the Premises. ACEMS shall not commit, or suffer to be permitted, waste, or allow any nuisance or illegal act to occur upon the Premises. (f) Environmental. For purposes of this Agreement, hazardous materials shall include, but shall not be limited to, any substances, materials or wastes that are regulated by any local governmental authority, the State in which the Premises are located, or the United States of America because of toxic,flammable,explosive,corrosive,reactive,radioactive or other properties that may be hazardous to human health or the environment ("Hazardous Materials"). ACEMS agrees that, except for"De Minimis Amounts" (defined below), ACEMS will not use, handle, generate, treat, store or dispose of, or permit the use, handling, generation,treatment, storage or disposal of any Hazardous Materials in, on,under,around or above the Premises, now or at any future time. ACEMS shall indemnify and save Meridian harmless from any and all actions, proceedings, claims and losses of any kind, including but not limited to those arising from injury to any person, including death, damage to or loss of use or value of real or personal property, and costs of investigation and cleanup or other environmental remedial work, which are caused by Hazardous Materials introduced to the Premises by ACEMS or any of ACEMS's agents or employees. "De Minimis Amounts" means, with respect to any given level of Hazardous Materials, that level or quantity of Hazardous Materials in any form or combination of forms,the use, storage or release of which does not constitute a violation of, or require remediation, reporting or monitoring under, any environmental laws and is customarily employed in the ordinary course of, or associated with, similar businesses as the business being conducted at the Premises. If at any time, during the term of this Agreement, it is determined that there are any Hazardous Materials located in, on, under, around, or above the Premises which are introduced to the Premises by ACEMS or any of ACEMS's agents or employees or anyone CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 4 holding under ACEMS which are in violation of any federal, state or local environmental law, statute, ordinance or regulation, court or administrative order or decree, or private agreement ("Environmental Requirements"), including Environmental Requirements requiring special handling of Hazardous Materials in their use, handling, collection, storage, treatment or disposal, ACEMS shall promptly notify Meridian and ACEMS shall commence with diligence, but in any event within thirty (30) days after receipt of written notice of the presence of the Hazardous Materials, and shall continue to diligently take all appropriate action, at ACEMS's sole expense, to comply with all such Environmental Requirements. At Meridian's request, ACEMS shall promptly and properly remove such Hazardous Materials from the Premises and properly dispose of them. Failure of ACEMS to comply with all Environmental Requirements or failure of ACEMS to promptly and properly remove and dispose of such Hazardous Materials at the request of Meridian shall constitute an Event of Default under this Agreement. (g) ACEMS Covenants. ACEMS covenants and agrees: (1) To use the Premises in a safe, careful and lawful manner. (2) To report in writing to Meridian any defective condition which may require repair. (3) At Meridian's direction, to make and/or pay for any repairs to the Premises which ACEMS is required to make under this Agreement. (h) HeM items. ACEMS shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry or which is allowed by law. Meridian reserves the right to prescribe the weight and position of all safes and heavy items which ACEMS wishes to place in the Premises so as properly to distribute the weight thereof. (i) Fixtures. Any trade fixtures installed on the Premises by ACEMS at its own expense, such as movable partitions,counters,shelving,showcases,mirrors, equipment and the like,may, and at the request of the Meridian shall,be removed on the expiration or earlier termination of this Agreement. ACEMS shall bear the cost of any such removal and ACEMS shall repair, in a good and workmanlike manner, any damage to the Premises caused by such removal, at its own expense. (j) Ste. ACEMS shall not place any signs, flags, lights, artwork, or other appurtenances on Premises without express approval of Meridian. (k) Improvements. Prior to the Commencement Date and during ACEMS's continuing occupancy of the Premises, Meridian shall supervise the design, construction and installation of Station Seven in accordance with its construction contract for same, for the purpose of preparing the Premises for Meridian's and ACEMS's joint occupancy and use in accordance with this Agreement. Meridian shall ensure that the construction and installation of Station Seven is in accordance with the construction contract and all applicable laws and building codes, and is done in a good and workmanlike manner. CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 5 Section 4. Alterations or Improvements. ACEMS shall not make, or permit to be made, any alterations or improvements to the Premises (including, without limitation, telecommunications, data transmission and other wiring),unless ACEMS obtains the prior written consent of Meridian. Any and all alterations or improvements shall be made in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises and shall comply with such requirements as Meridian considers necessary or desirable, as set forth in writing. ACEMS shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian against any mechanics' liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such work. ACEMS shall promptly repair any damage to the Premises caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable furniture and equipment and trade fixtures, shall become a part of the realty and the property of Meridian, and shall not be removed by ACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS shall be required to restore the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it fails to remove within thirty (30) days of the expiration or termination of this Agreement, and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Seven which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT of 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of use. Section 5 Furnishings. Following the construction of Station Seven, it will be necessary to purchase furnishings for various spaces in Premises, including common spaces and the two (2) bedrooms ACEMS will exclusively occupy. ACEMS agrees to purchase the furnishings for the two (2) bedrooms it will exclusively occupy, as well as two (2) recliners for use in the common space. Meridian shall be responsible for the total costs for purchasing furnishings for all other portions of the Premises. During the Term, should replacement or repair of furnishings become necessary after the initial purchases discussed above, ACEMS shall be responsible to pay the full cost of replacing or repairing furnishings in the two (2)bedrooms it exclusively possesses and the two (2) recliners in the common space. Replacement and repair costs of furnishings for all other parts of Station Seven, including common spaces, shall be the responsibility of the Meridian. Furnishings, as discussed in this paragraph, contemplates items of furniture such as couches, chairs, tables, desk, etc. as well as appliances such as microwaves, ovens, washer, dryers, and refrigerators. It is not intended to include items such as electronics, particularly information technology hardware. The Parties agree that any furnishings, purchased jointly by the Meridian and ACEMS shall be the property of Meridian. Furnishings, purchased solely by the ACEMS, CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 6 which are not affixed to Station Seven, shall remain the property of the ACEMS, regardless of its use or purpose. Any furnishings, purchased solely by the ACEMS, which are affixed to Station Seven, shall become the property of the Meridian. Section 6. Damage and Destruction. (a) Less Than 25% Damage. If less than 25% of the Premises are damaged by fire or casualty any time during the Term, Meridian shall repair such damage as soon as reasonably possible, at Meridian's sole expense, unless such damage was caused by ACEMS or ACEMS's employees/agents, in which case, ACEMS shall reimburse Meridian the cost of such repairs to the extent such costs are not covered by the insurance coverage maintained by ACEMS. (b) 25% or More Damage. If twenty-five percent (25%) or more of the Premises are damaged by fire or casualty any time during the Term, Meridian shall repair such damage as soon as reasonably possible, at Meridian's sole expense, such that the Premises are restored substantially to the condition they were in prior to such casualty, unless such damage was caused by ACEMS or ACEMS's employees/agents, in which case,ACEMS shall reimburse Meridian the cost of such repairs to the extent such costs are not covered by the insurance coverage maintained by ACEMS. However, in the event Meridian elects to repair the damage, as provided herein, and insurance proceeds plus any amount Meridian voluntarily contributes, are insufficient to restore the Premises to a condition that allows ACEMS to use the Premises in the same manner as was used prior to such casualty,ACEMS and Meridian shall have the right to terminate this Agreement in accordance Section 9, with no further obligation existing between the Parties. Section 7. Assignment and Subletting. ACEMS shall not assign, transfer, mortgage or otherwise encumber this Agreement or the Premises, or sublet or rent (or permit occupancy or use of) the Premises, or any part thereof, without obtaining the prior written consent of Meridian, which consent shall be at the sole and absolute discretion of Meridian. Section 8. Subordination and Attornment. This Agreement is subject and subordinate to the lien of any and all mortgages which may now or hereafter encumber or otherwise affect the Premises, or Meridian's interest therein, and to all and any renewals, extensions, modifications, recastings or refinancings thereof. In confirmation of such subordination, ACEMS shall, at Meridian's request, promptly execute any requisite or appropriate certificate or other document. ACEMS agrees that in the event that any proceedings are brought for the foreclosure of any such mortgage, ACEMS shall attorn to the purchaser at such foreclosure sale, if requested to do so by such purchaser, and to recognize such purchaser as the Meridian under this Agreement. Section 9. Termination of Agreement. The Parties agree that the intent of this Agreement is to allow for the co-location of the Parties at Station Seven so that ACEMS may provide EMS Services in Meridian. The Term of this Agreement, together with the ACEMS's contribution to the construction of Station Seven, evidence the intent of a minimum ten-year relationship. Thus, this Agreement can only be terminated by mutual written agreement between the Parties, for the CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 7 duration of the Term. Any dispute, or alleged breach of the terms of the Agreement by either Party shall be addressed as follows: (a) Issue shall be reported by either Party to its own Chief and resolution shall be attempted through negotiations by and between the respective chains of command of the Parties; (b) Any issue that cannot be resolved in accordance with 9(a), shall be escalated to a mediator, mutually agreed upon between the Parties, for an attempted mediation of the issue and resolution. (c) Any issue that remains unresolved following negotiation between the Parties or mediation may be escalated for consideration and attempted resolution by the Parties' governing bodies,who shall hold a joint special meeting, as needed, to consider the issue and attempt to reach a resolution. (d) In the event that either Party is required to bring an action arising out of any failure,breach or default of any obligations under this Agreement, the Parties agree that the prevailing Party shall be paid such reasonable costs and attorneys' fees as the prevailing Party may incur in connection with such action, including, without limitation, any costs and reasonable attorneys' fees incurred by the prevailing Party in an action for summary proceedings to recover possession of the Premises. (e) The Parties intend that this Agreement comply at all times with federal and state laws (collectively, "Applicable Laws."), If at any time, as a result of the issuance of new federal regulations, or otherwise, a Party in good faith determines that this Agreement does not comply with Applicable Laws, then the Parties shall use good faith efforts to conform the Agreement in such a manner so that it does comply with Applicable Laws. If after the exercise of such good faith efforts, the Parties determine that the Agreement cannot be so conformed, the Parties shall terminate this Agreement. Section 10. Notices. Any notice required or permitted to be given under this Agreement or by law shall be deemed to have been given if reduced to writing and delivered in person or mailed by registered or certified mail, postage prepaid to the party who is to receive such notice. All mailed notices shall be addressed to the parties at the following addresses or at such other addresses as the parties may from time to time direct in writing. ACEMS: Ada County Emergency Medical Services District Attn: Director 370 N. Benjamin Lane Boise, Idaho 83704 Meridian: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian, Idaho 83642 CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 8 Any notice shall be deemed to have been given on the earlier of (i) in-person delivery or refusal to accept in-person delivery, or(ii)the date of mailing by certified mail. Section 11. ACEMS's Insurance. ACEMS shall maintain at all times during the term of this Agreement and/or ACEMS's occupancy thereunder the following insurance: (a) Commercial general liability and professional liability coverage, providing liability coverage (covering claims for public liability, bodily injury, and property damage) with limits of liability of$500,000 per occurrence,which amount is ACEMS's minimum policy limit under the IDAHO TORT CLAIMS ACT. (b) Workers' compensation insurance meeting the statutory requirements of the State of Idaho. (c) Property insurance on ACEMS's equipment and fixtures in an amount equal to their full insurable value. Meridian grants ACEMS the right to self-insure all or part of the insurance requirements set forth under this Agreement, and ACEMS shall not conduct any activities in or about the Premises which will in any way impair or invalidate the insurer's obligations under any policy of insurance contemplated hereunder or maintained by ACEMS with respect to the Premises. Section 12. Utilities. During the Term of this Agreement, Meridian shall pay for 75%of the total cost for utility services consumed at the Premises,including,without limitation,gas and electricity, television cable, sanitary and storm sewer and water services ("Utilities"). On or about February 1 of each year of this Agreement, beginning in 2024, Meridian will provide ACEMS with an estimated 25% share of Utilities for the period of October 1 of the current year through September 30 of the subsequent year("Estimate"),based on its current historical record of the cost of Utilities, for ACEMS's annual budgetary process. This estimate is necessary to allow ACEMS to budget for this expense in its upcoming annual budget. Commencing October 1, 2024, ACEMS will pay 25% of actual Utilities, payable by invoice due from Meridian by October 3 of that year. For the time period from the Commencement Date until September 30, 2024, Meridian will pay all utilities. Section 13. Internet Service. ACEMS may maintain its own internet network at Premises. Should ACEMS install and maintain such network, it shall be solely responsible for all costs associated with this internet network. Similarly, Meridian shall be solely responsible for the costs of internet networks it maintains at the Premises. Section 14. Miscellaneous. (a) Governing Law. This Agreement is being executed and delivered by Meridian in the State of Idaho and shall be construed and enforced in accordance with the laws of that state,with venue in the Fourth Judicial District. (b) Obligations Requiring Appropriation of Funds. If any obligation(s) to perform under this Agreement,by either Party,constitutes a fiscal obligation requiring an annual appropriation CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 9 by said Party, those obligations will expire on September 30 of the current fiscal year of said Party, and will renew for the ensuing fiscal year, when and if said Party duly budgets and appropriates funds therefore from revenues legally available to it for the ensuing fiscal year. Any annual renewal of said obligation(s) shall be deemed to be exercised by said Party upon the adoption of a budget for the ensuing fiscal year, duly budgeting and appropriating the amount of money required to fulfill said obligation(s). (c) Successors and Assigns. This Agreement and the respective rights and obligations of the Parties hereto shall inure to the benefit of and be binding upon the successors and assigns of the Parties hereto as well as the Parties themselves; provided, however, that Meridian, its successors and assigns shall be obligated to perform Meridian's covenants under this Agreement only during and in respect of their successive periods of ownership during the term of this Agreement. (d) Severability of Invalid Provisions. If any provision of this Agreement shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. (e) Quiet Enjoyment. If and so long as ACEMS performs or observes all of the terms, conditions, covenants and obligations of this Agreement required to be performed or observed by it hereunder, ACEMS shall at all times during the term hereof have the peaceable and quiet enjoyment,possession, occupancy and use of the Premises against the claims of anyone claiming by, through or under Meridian, subject to any mortgages, underlying leases or other matters of record to which this Agreement is or may become subject. (f) Holding Over. If ACEMS remains in possession after expiration of the Term, without Meridian's acquiescence and without written agreement of the Parties, ACEMS's continued occupancy shall be at-will only, subject to all of the terms and provisions of this Agreement, and there shall be no renewal of this Agreement by operation of law. The foregoing notwithstanding, in no event shall any holdover continue for more than six (6) months after the termination of this Agreement. Any holdover tenancy shall automatically terminate,without notice, at the latest, six(6)months after the termination of the Term. In order to extend the Agreement term beyond such six-month period, Meridian and ACEMS must execute a new co-location agreement. (g) Surrender of the Premises. Upon the expiration or earlier termination of this Agreement, ACEMS shall immediately surrender the Premises to Meridian, together with all alterations,improvements and other property as provided elsewhere herein,in broom-clean condition and in good order, condition and repair, except for ordinary wear and tear and damage which ACEMS is not obligated to repair, failing which Meridian may restore the Premises to such condition and ACEMS shall reimburse Meridian for all such costs, on demand. Upon such expiration or termination, ACEMS shall, subject to other provisions of this Agreement, have the right to remove its personal property and trade fixtures. ACEMS shall promptly repair any damage caused by any such removal, and shall restore the Premises to the condition existing prior to the installation of the items so removed. CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 10 (h) Complete Agreement; Amendments. This Agreement, including all recitals and exhibits, constitutes the entire agreement between the Parties hereto; it supersedes all previous understandings and agreements between the Parties, if any; and no oral or implied representation or understandings shall vary its terms,and it may not be amended except by written instrument executed by both Parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. BOARD OF ADA COUNTY EMERGENCY MEDICAL S VICES DIST T By: od Beck, Commission By: t rey idson, Commissioner By: - Thomas Dayley, Co6nisgioner ATTEST: By: Trent Tripple, Ada Countr 'lerk City of Meridian Y Robert E. S i n,Mayor 4-4-2023 ATTEST: 1.5-- , �p�pNR- By: v, Chris Johnsu7 City -2023 CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 11 EXHIBIT A PROPERTY DESCRIPTION Two (2)bedrooms; Access to the common living area, with space for two (2)recliners in the common living area; Office space large enough to accommodate two (2) desktop computers/chairs/desk space; Access to the kitchen; Access to the bathroom; and Ambulance bay for one (1) ambulance. CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION SEVEN CO-LOCATION AGREEMENT—PAGE 12 E IDIAN --- AGENDA ITEM ITEM TOPIC: City of Meridian/Ada County Emergency Medical Services District Station Eight Co- Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: April 4, 2023 Presenter: Kris Blume, Fire Chief Estimated Time: .5 minutes Topic: City of Meridian/Ada County Emergency Medical Services District Station Eight Co- Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: This MCA establishes the terms and conditions of Ada County EMS's lease of a portion of Meridian Fire Station 8 following its construction. AGREEMENT NO. .LE-2�9 CITY OF MERIDIAN I ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT Parties: City of Meridian ("Meridian"), a municipal corporation operating pursuant to the laws of the State of Idaho. Ada County Emergency Medical Services District d/b/a Ada County Emergency Medical Services ("ACEMS"), an ambulance district formed pursuant to Idaho Code Section 31-3908 and existing by virtue of the laws of the State of Idaho. This CITY OF MERIDIAN/ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT_ STATION EIGHT CO-LOCATION AGREEMENT ("Agreement") is entered into this AA day of ft�_ 2023,by and between Meridian,operating its own municipal fire department know the Meridian Fire Department ("MFD"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and ACEMS, whose address is 200 W. Front Street, Boise, Idaho 83702. Meridian and ACEMS are at times referred to herein individually as "Party" and collectively as"Parties." WHEREAS,Title 50,Chapter 14,Idaho Code grants to Meridian authority to manage real property owned by the City in ways which the judgment of the City Council deems to be in the public interest; and WHEREAS,Meridian is authorized by Idaho Code section 50-309 to establish fire stations to house engines and other fire-fighting apparatus, and has recently commenced construction on a new fire station, located at 4232 N. Owyhee Storm Avenue,Meridian Idaho ("Station Eight" or the"Premises"),which is expected to be completed by September 2023;and WHEREAS, ACEMS is statutorily required to provide EMS services throughout Ada County,including portions that lie within the service area of MFD; and WHEREAS,the Parties wish to co-locate up to three ACEMS Personnel and one ambulance within Station Eight to facilitate the cost-effective provision of EMS ambulance services on a 24 hour a day/seven days a week basis, to Meridian residents for the foreseeable future;and WHEREAS,Meridian performed a competitive solicitation for the construction of Station Eight and entered into a contract for the completion of Station Eight;and WHEREAS, ACEMS wishes to contribute toward the cost of the construction of Station Eight, as outlined more fully herein;and WHEREAS,the Parties wish to enter into a ten-year co-location agreement,with ACEMS's agreed contribution toward the construction of Station Eight paid, in full,in advance;and CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE I WHEREAS, pursuant to the resolution required by Idaho Code section 50-1407, adopted concurrently with the execution hereof,Meridian City Council deems that the grant of a leasehold interest in this Meridian real property to ACEMS, as provided herein, serves the public interest; NOW THEREFORE, the Parties declare their intent to enter into this co-location agreement under which ACEMS staff and equipment will be co-located with MFD at Station Eight;in consideration for which ACEMS will contribute to the costs of the construction of Station Eight, as follows. TERMS AND CONDITIONS Section 1. Lease of Certain Space at the Premises. Upon the terms and conditions hereinafter set forth, Meridian grants to ACEMS, and ACEMS accepts from Meridian, a leasehold interest in certain space within the Premises, as specifically provided in Exhibit A, to-wit: ACEMS shall be entitled to exclusive use of two (2) bedrooms and shall be guaranteed one (1) parking bay within the Premises garage for an ambulance. The common spaces identified in Exhibit A will be utilized by both Parties. Meridian may exclude ACEMS from non-common spaces. The Parties recognize that, at the outset of this Agreement, Station Eight is undergoing construction. Therefore, the Parties agree that Exhibit A may be amended in the future to recognize changes to the Premises caused by final construction, but it may also be amended to account for changed needs of the Parties during the term of this Agreement. Any such future amendments must comply with paragraph 14(h) of this Agreement to be effective. (a) Term. The term of this Agreement shall commence on October 1, 2023 ("Commencement Date") and end on September 30, 2033 ("Term"), unless sooner terminated as hereinafter provided. By March 1,2033,ACEMS may propose a written amendment,as contemplated in Section 13(h), extending the Term for an additional ten (10) years. Meridian's acceptance of an extended Term shall not be unreasonably withheld, where both Parties find that such extension would be in the best interest of each respective Parry and of the public served by both Parties. (b) ACEMS Contribution. Subject to an appropriation in the ACEMS fiscal year 2024 budget, ACEMS agrees to contribute towards the construction cost of Station Eight a lump-sum payment in the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for the Term ("Contribution"). ACEMS shall pay the Contribution to Meridian in full within thirty (30) days of the Commencement Date of this Agreement. Section 2. Repairs and Maintenance. (a) Meridian's Obligations. Meridian shall be responsible for repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, foundation of the Premises, exterior water, sewage, gas and electrical services and the maintenance, repair and/or replacement of the heating and air conditioning system in the Premises. Meridian shall also be responsible for the following: maintenance of interior walls, ceilings, doors,windows, and related hardware, light fixtures, switches, and electrical wiring and plumbing in the Premises, and all other repair and maintenance CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 2 required to be made to the Premises not otherwise listed in this Section. Meridian shall also maintain the sidewalks, driveways, curbs, parking areas and fences on the Premises and shall provide snow removal for those areas. (b) ACEMS's Obligations. ACEMS shall not be responsible for any repairs or maintenance of the Premises, except that ACEMS shall be responsible for any maintenance and repair necessitated by the actions, including acts of negligence, of ACEMS, its agents, and employees, including maintenance and repairs that would otherwise be the responsibility of Meridian under this Section. Absent evidence to the contrary, it is presumed that repairs and maintenance that may be needed in the future for two (2) bedrooms ACEMS exclusively occupies is attributable to the actions of ACEMS. (c) No Business Interference. In performing any repairs, replacements, alterations, or other work performed on or around the Premises, Meridian shall not cause unreasonable interference with the use of the Premises by ACEMS. ACEMS shall have no claim against Meridian for any inconvenience or disturbance resulting from Meridian's activities performed in conformance with the requirements of this Section. (d) Reimbursement for Repairs and Maintenance Assumed. If either Party fails or refuses to make necessary repairs and/or perform necessary maintenance which are the responsibility of such party under this Agreement, the other party may make the repairs, or perform the maintenance, and charge the actual costs of repairs or maintenance to the defaulting party, which the defaulting parry shall pay within thirty(30) days of an invoice for such charges. Section 3. ACEMS's Use of Premises. (a) Use. The Premises shall be used for sleeping quarters and for the storage of one emergency vehicle and EMS medical supplies. Meridian will provide a reasonable space within the medical supply area, the location and size of which will be mutually agreed upon between the Parties, for EMS medical supplies, as well as space for a small refrigerator unit for storage of perishable medical supplies. Any other use will not be permitted, without the prior written consent of Meridian. (b) Restrictions. In no event shall ACEMS use the Premises, or any part thereof, for the provision of medical services or as a primary residence. ACEMS may only park one (1) emergency vehicle in the attached garage constituting part of the Premises, except as otherwise provided in Section 3(c). (c) Battalion Commander vehicle parking. ACEMS may park an ACEMS Battalion Commander vehicle at Station Eight, on a temporary basis, as needed. Meridian must consent, in writing, to the parking of any other type of emergency vehicle at Station Eight. The ACEMS Battalion commander vehicle is permitted to be parked in the exterior parking area of the Premises and does not have a space in the garage. (d) Additional Parking. During the term of this Agreement, Meridian hereby grants ACEMS a license, for ACEMS to use, on a non-exclusive basis, up to a maximum of three (3) CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 3 parking spaces in Meridian's parking lot adjacent to the Premises, solely for the parking of ACEMS's employees' and staff s personal vehicles and not for the parking of any of ACEMS's emergency vehicles. (e) Observance of Laws. ACEMS shall not use, or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose or purposes for which the Premises are hereby occupies as set forth in Section 3(a); and no use shall be made or permitted to be made of the Premises, or acts done,which cause a violation of any present or future law, regulation, ordinance, and/or rule of THE JOINT COMMISSION ON ACCREDITATION OF HEALTH CARE ORGANIZATIONS and/or any governmental entity with jurisdiction over the Premises, ACEMS or Meridian and which pertain to the Premises, or which will cause a cancellation of any insurance policy covering the Premises, or any part thereof, nor shall ACEMS sell or permit to be kept, used or sold in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Upon written notification as provided for herein, ACEMS shall comply with all reasonable requirements pertaining to the Premises of any insurance organization or company necessary for Meridian to maintain insurance covering the Premises and appurtenances at any time located in and around the Premises. ACEMS shall not commit, or suffer to be permitted, waste, or allow any nuisance or illegal act to occur upon the Premises. (f) Environmental. For purposes of this Agreement, hazardous materials shall include, but shall not be limited to, any substances, materials or wastes that are regulated by any local governmental authority, the State in which the Premises are located, or the United States of America because of toxic,flammable,explosive,corrosive,reactive,radioactive or other properties that may be hazardous to human health or the environment ("Hazardous Materials"). ACEMS agrees that, except for"De Minimis Amounts" (defined below), ACEMS will not use, handle, generate, treat, store or dispose of, or permit the use, handling, generation,treatment, storage or disposal of any Hazardous Materials in, on,under,around or above the Premises, now or at any future time. ACEMS shall indemnify and save Meridian harmless from any and all actions, proceedings, claims and losses of any kind, including but not limited to those arising from injury to any person, including death, damage to or loss of use or value of real or personal property, and costs of investigation and cleanup or other environmental remedial work, which are caused by Hazardous Materials introduced to the Premises by ACEMS or any of ACEMS's agents or employees. "De Minimis Amounts" means, with respect to any given level of Hazardous Materials, that level or quantity of Hazardous Materials in any form or combination of forms,the use, storage or release of which does not constitute a violation of, or require remediation, reporting or monitoring under, any environmental laws and is customarily employed in the ordinary course of, or associated with, similar businesses as the business being conducted at the Premises. If at any time, during the term of this Agreement, it is determined that there are any Hazardous Materials located in, on, under, around, or above the Premises which are introduced to the Premises by ACEMS or any of ACEMS's agents or employees or anyone CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 4 holding under ACEMS which are in violation of any federal, state or local environmental law, statute, ordinance or regulation, court or administrative order or decree, or private agreement ("Environmental Requirements"), including Environmental Requirements requiring special handling of Hazardous Materials in their use, handling, collection, storage, treatment or disposal, ACEMS shall promptly notify Meridian and ACEMS shall commence with diligence, but in any event within thirty (30) days after receipt of written notice of the presence of the Hazardous Materials, and shall continue to diligently take all appropriate action, at ACEMS's sole expense, to comply with all such Environmental Requirements. At Meridian's request, ACEMS shall promptly and properly remove such Hazardous Materials from the Premises and properly dispose of them. Failure of ACEMS to comply with all Environmental Requirements or failure of ACEMS to promptly and properly remove and dispose of such Hazardous Materials at the request of Meridian shall constitute an Event of Default under this Agreement. (g) ACEMS Covenants. ACEMS covenants and agrees: (1) To use the Premises in a safe, careful and lawful manner. (2) To report in writing to Meridian any defective condition which may require repair. (3) At Meridian's direction, to make and/or pay for any repairs to the Premises which ACEMS is required to make under this Agreement. (h) HeM items. ACEMS shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry or which is allowed by law. Meridian reserves the right to prescribe the weight and position of all safes and heavy items which ACEMS wishes to place in the Premises so as properly to distribute the weight thereof. (i) Fixtures. Any trade fixtures installed on the Premises by ACEMS at its own expense, such as movable partitions,counters,shelving,showcases,mirrors, equipment and the like,may, and at the request of the Meridian shall,be removed on the expiration or earlier termination of this Agreement. ACEMS shall bear the cost of any such removal and ACEMS shall repair, in a good and workmanlike manner, any damage to the Premises caused by such removal, at its own expense. (j) Ste. ACEMS shall not place any signs, flags, lights, artwork, or other appurtenances on Premises without express approval of Meridian. (k) Improvements. Prior to the Commencement Date and during ACEMS's continuing occupancy of the Premises, Meridian shall supervise the design, construction and installation of Station Eight in accordance with its construction contract for same, for the purpose of preparing the Premises for Meridian's and ACEMS's joint occupancy and use in accordance with this Agreement. Meridian shall ensure that the construction and installation of Station Eight is in accordance with the construction contract and all applicable laws and building codes, and is done in a good and workmanlike manner. CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 5 Section 4. Alterations or Improvements. ACEMS shall not make, or permit to be made, any alterations or improvements to the Premises (including, without limitation, telecommunications, data transmission and other wiring),unless ACEMS obtains the prior written consent of Meridian. Any and all alterations or improvements shall be made in accordance with all applicable laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Premises and shall comply with such requirements as Meridian considers necessary or desirable, as set forth in writing. ACEMS shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Meridian against any mechanics' liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such work. ACEMS shall promptly repair any damage to the Premises caused by any such alterations or improvements. Any alterations or improvements to the Premises, except movable furniture and equipment and trade fixtures, shall become a part of the realty and the property of Meridian, and shall not be removed by ACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS shall be required to restore the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it fails to remove within thirty (30) days of the expiration or termination of this Agreement, and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations to the Premises and/or the passageways, pedestrian walkways, sidewalks and parking at Station Eight which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT of 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by Meridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of use. Section 5 Furnishings. Following the construction of Station Eight, it will be necessary to purchase furnishings for various spaces in Premises, including common spaces and the two (2) bedrooms ACEMS will exclusively occupy. ACEMS agrees to purchase the furnishings for the two (2) bedrooms it will exclusively occupy, as well as two (2) recliners for use in the common space. Meridian shall be responsible for the total costs for purchasing furnishings for all other portions of the Premises. During the Term, should replacement or repair of furnishings become necessary after the initial purchases discussed above, ACEMS shall be responsible to pay the full cost of replacing or repairing furnishings in the two (2)bedrooms it exclusively possesses and the two (2) recliners in the common space. Replacement and repair costs of furnishings for all other parts of Station Eight, including common spaces, shall be the responsibility of the Meridian. Furnishings, as discussed in this paragraph, contemplates items of furniture such as couches, chairs, tables, desk, etc. as well as appliances such as microwaves, ovens, washer, dryers, and refrigerators. It is not intended to include items such as electronics, particularly information technology hardware. The Parties agree that any furnishings, purchased jointly by the Meridian and ACEMS shall be the property of Meridian. Furnishings, purchased solely by the ACEMS, CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 6 which are not affixed to Station Eight, shall remain the property of the ACEMS, regardless of its use or purpose. Any furnishings, purchased solely by the ACEMS, which are affixed to Station Eight, shall become the property of the Meridian. Section 6. Damage and Destruction. (a) Less Than 25% Damage. If less than 25% of the Premises are damaged by fire or casualty any time during the Term, Meridian shall repair such damage as soon as reasonably possible, at Meridian's sole expense, unless such damage was caused by ACEMS or ACEMS's employees/agents, in which case, ACEMS shall reimburse Meridian the cost of such repairs to the extent such costs are not covered by the insurance coverage maintained by ACEMS. (b) 25% or More Damage. If twenty-five percent (25%) or more of the Premises are damaged by fire or casualty any time during the Term, Meridian shall repair such damage as soon as reasonably possible, at Meridian's sole expense, such that the Premises are restored substantially to the condition they were in prior to such casualty, unless such damage was caused by ACEMS or ACEMS's employees/agents, in which case,ACEMS shall reimburse Meridian the cost of such repairs to the extent such costs are not covered by the insurance coverage maintained by ACEMS. However, in the event Meridian elects to repair the damage, as provided herein, and insurance proceeds plus any amount Meridian voluntarily contributes, are insufficient to restore the Premises to a condition that allows ACEMS to use the Premises in the same manner as was used prior to such casualty,ACEMS and Meridian shall have the right to terminate this Agreement in accordance Section 9, with no further obligation existing between the Parties. Section 7. Assignment and Subletting. ACEMS shall not assign, transfer, mortgage or otherwise encumber this Agreement or the Premises, or sublet or rent (or permit occupancy or use of) the Premises, or any part thereof, without obtaining the prior written consent of Meridian, which consent shall be at the sole and absolute discretion of Meridian. Section 8. Subordination and Attornment. This Agreement is subject and subordinate to the lien of any and all mortgages which may now or hereafter encumber or otherwise affect the Premises, or Meridian's interest therein, and to all and any renewals, extensions, modifications, recastings or refinancings thereof. In confirmation of such subordination, ACEMS shall, at Meridian's request, promptly execute any requisite or appropriate certificate or other document. ACEMS agrees that in the event that any proceedings are brought for the foreclosure of any such mortgage, ACEMS shall attorn to the purchaser at such foreclosure sale, if requested to do so by such purchaser, and to recognize such purchaser as the Meridian under this Agreement. Section 9. Termination of Agreement. The Parties agree that the intent of this Agreement is to allow for the co-location of the Parties at Station Eight so that ACEMS may provide EMS Services in Meridian. The Term of this Agreement, together with the ACEMS's contribution to the construction of Station Eight, evidence the intent of a minimum ten-year relationship. Thus, this Agreement can only be terminated by mutual written agreement between the Parties, for the CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 7 duration of the Term. Any dispute, or alleged breach of the terms of the Agreement by either Party shall be addressed as follows: (a) Issue shall be reported by either Party to its own Chief and resolution shall be attempted through negotiations by and between the respective chains of command of the Parties; (b) Any issue that cannot be resolved in accordance with 9(a), shall be escalated to a mediator, mutually agreed upon between the Parties, for an attempted mediation of the issue and resolution. (c) Any issue that remains unresolved following negotiation between the Parties or mediation may be escalated for consideration and attempted resolution by the Parties' governing bodies,who shall hold a joint special meeting, as needed, to consider the issue and attempt to reach a resolution. (d) In the event that either Party is required to bring an action arising out of any failure,breach or default of any obligations under this Agreement, the Parties agree that the prevailing Party shall be paid such reasonable costs and attorneys' fees as the prevailing Party may incur in connection with such action, including, without limitation, any costs and reasonable attorneys' fees incurred by the prevailing Party in an action for summary proceedings to recover possession of the Premises. (e) The Parties intend that this Agreement comply at all times with federal and state laws (collectively, "Applicable Laws."), If at any time, as a result of the issuance of new federal regulations, or otherwise, a Party in good faith determines that this Agreement does not comply with Applicable Laws, then the Parties shall use good faith efforts to conform the Agreement in such a manner so that it does comply with Applicable Laws. If after the exercise of such good faith efforts, the Parties determine that the Agreement cannot be so conformed, the Parties shall terminate this Agreement. Section 10. Notices. Any notice required or permitted to be given under this Agreement or by law shall be deemed to have been given if reduced to writing and delivered in person or mailed by registered or certified mail, postage prepaid to the party who is to receive such notice. All mailed notices shall be addressed to the parties at the following addresses or at such other addresses as the parties may from time to time direct in writing. ACEMS: Ada County Emergency Medical Services District Attn: Director 370 N. Benjamin Lane Boise, Idaho 83704 Meridian: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian, Idaho 83642 CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 8 Any notice shall be deemed to have been given on the earlier of (i) in-person delivery or refusal to accept in-person delivery, or(ii)the date of mailing by certified mail. Section 11. ACEMS's Insurance. ACEMS shall maintain at all times during the term of this Agreement and/or ACEMS's occupancy thereunder the following insurance: (a) Commercial general liability and professional liability coverage, providing liability coverage (covering claims for public liability, bodily injury, and property damage) with limits of liability of$500,000 per occurrence,which amount is ACEMS's minimum policy limit under the IDAHO TORT CLAIMS ACT. (b) Workers' compensation insurance meeting the statutory requirements of the State of Idaho. (c) Property insurance on ACEMS's equipment and fixtures in an amount equal to their full insurable value. Meridian grants ACEMS the right to self-insure all or part of the insurance requirements set forth under this Agreement, and ACEMS shall not conduct any activities in or about the Premises which will in any way impair or invalidate the insurer's obligations under any policy of insurance contemplated hereunder or maintained by ACEMS with respect to the Premises. Section 12. Utilities. During the Term of this Agreement, Meridian shall pay for 75%of the total cost for utility services consumed at the Premises,including,without limitation,gas and electricity, television cable, sanitary and storm sewer and water services ("Utilities"). On or about February 1 of each year of this Agreement, beginning in 2024, Meridian will provide ACEMS with an estimated 25% share of Utilities for the period of October 1 of the current year through September 30 of the subsequent year("Estimate"),based on its current historical record of the cost of Utilities, for ACEMS's annual budgetary process. This estimate is necessary to allow ACEMS to budget for this expense in its upcoming annual budget. Commencing October 1, 2024, ACEMS will pay 25% of actual Utilities, payable by invoice due from Meridian by October 3 of that year. For the time period from the Commencement Date until September 30, 2024, Meridian will pay all utilities. Section 13. Internet Service. ACEMS may maintain its own internet network at Premises. Should ACEMS install and maintain such network, it shall be solely responsible for all costs associated with this internet network. Similarly, Meridian shall be solely responsible for the costs of internet networks it maintains at the Premises. Section 14. Miscellaneous. (a) Governing Law. This Agreement is being executed and delivered by Meridian in the State of Idaho and shall be construed and enforced in accordance with the laws of that state,with venue in the Fourth Judicial District. (b) Obligations Requiring Appropriation of Funds. If any obligation(s) to perform under this Agreement,by either Parry,constitutes a fiscal obligation requiring an annual appropriation CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 9 by said Party, those obligations will expire on September 30 of the current fiscal year of said Party, and will renew for the ensuing fiscal year, when and if said Party duly budgets and appropriates funds therefore from revenues legally available to it for the ensuing fiscal year. Any annual renewal of said obligation(s) shall be deemed to be exercised by said Party upon the adoption of a budget for the ensuing fiscal year, duly budgeting and appropriating the amount of money required to fulfill said obligation(s). (c) Successors and Assigns. This Agreement and the respective rights and obligations of the Parties hereto shall inure to the benefit of and be binding upon the successors and assigns of the Parties hereto as well as the Parties themselves; provided, however, that Meridian, its successors and assigns shall be obligated to perform Meridian's covenants under this Agreement only during and in respect of their successive periods of ownership during the term of this Agreement. (d) Severability of Invalid Provisions. If any provision of this Agreement shall be held to be invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. (e) Quiet Enjoyment. If and so long as ACEMS performs or observes all of the terms, conditions, covenants and obligations of this Agreement required to be performed or observed by it hereunder, ACEMS shall at all times during the term hereof have the peaceable and quiet enjoyment,possession, occupancy and use of the Premises against the claims of anyone claiming by, through or under Meridian, subject to any mortgages, underlying leases or other matters of record to which this Agreement is or may become subject. (f) Holding Over. If ACEMS remains in possession after expiration of the Term, without Meridian's acquiescence and without written agreement of the Parties, ACEMS's continued occupancy shall be at-will only, subject to all of the terms and provisions of this Agreement, and there shall be no renewal of this Agreement by operation of law. The foregoing notwithstanding, in no event shall any holdover continue for more than six (6) months after the termination of this Agreement. Any holdover tenancy shall automatically terminate,without notice, at the latest, six(6)months after the termination of the Term. In order to extend the Agreement term beyond such six-month period, Meridian and ACEMS must execute a new co-location agreement. (g) Surrender of the Premises. Upon the expiration or earlier termination of this Agreement, ACEMS shall immediately surrender the Premises to Meridian, together with all alterations,improvements and other property as provided elsewhere herein,in broom-clean condition and in good order, condition and repair, except for ordinary wear and tear and damage which ACEMS is not obligated to repair, failing which Meridian may restore the Premises to such condition and ACEMS shall reimburse Meridian for all such costs, on demand. Upon such expiration or termination, ACEMS shall, subject to other provisions of this Agreement, have the right to remove its personal property and trade fixtures. ACEMS shall promptly repair any damage caused by any such removal, and shall restore the Premises to the condition existing prior to the installation of the items so removed. CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 10 (h) Complete Agreement: Amendments. This Agreement, including all recitals and exhibits, constitutes the entire agreement between the Parties hereto; it supersedes all previous understandings and agreements between the Parties, if any; and no oral or implied representation or understandings shall vary its terms,and it may not be amended except by written instrument executed by both Parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT By: od Beck,Commission By: .�- n vidson, Commissioner By: Thomas Dayley, Con issi ner ATTEST: By: Trent Tripple, Ada Coun Clerk City of Meridian By: Robert E. Simiso .M.ayor 4-4-2023 ATTEST: �IL i AMr- By: � L.- slat. Chris Johro(on, City �4-4-2023 CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT-PAGE 11 EXHIBIT A PROPERTY DESCRIPTION Two (2)bedrooms; Access to the common living area, with space for two (2)recliners in the common living area; Office space large enough to accommodate two (2) desktop computers/chairs/desk space; Access to the kitchen; Access to the bathroom; and Ambulance bay for one (1) ambulance. CITY OF MERIDIAN / ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT STATION EIGHT CO-LOCATION AGREEMENT—PAGE 12 E IDIAN --- AGENDA ITEM ITEM TOPIC: Resolution 23-2380: A Resolution approving two agreements between the City of Meridian and Ada County Emergency Medical Services District, doing business as Ada County Emergency Medical Services, for lease of portions of Meridian Fire Stations 7 and 8; authorizing the Mayor and City Clerk to execute and attest said lease agreement on behalf of the City of Meridian; and providing an effective date CITY OF MERIDIAN RESOLUTION NO. 23-2380 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERRAULT, STRADER A RESOLUTION APPROVING TWO AGREEMENTS BETWEEN THE CITY OF MERIDIAN AND ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT, DOING BUSINESS AS ADA COUNTY EMERGENCY MEDICAL SERVICES, FOR LEASE OF PORTIONS OF MERIDIAN FIRE STATIONS 7 AND 8; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID LEASE AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian will construct and own Fire Station 7 at 2385 E. Lake Hazel Road, in Meridian, Idaho; WHEREAS,the City of Meridian will construct and own Fire Station 8 at 4232 N. Owyhee Storm Avenue, in Meridian, Idaho; WHEREAS,the City is authorized by Idaho Code section 50-1401 to manage real property owned by the City in ways which, in the judgment of City Council, the City deems to be in the public interest; WHEREAS,the City Council of the City of Meridian hereby fords that the lease of specified portion of Fire Stations 7 and 8 to Ada County Emergency Medical Services District, doing business as Ada County Emergency Medical Services ("Tenant") serves the public interest, and further fords that the Lease Premises are not otherwise needed for City purposes; and WHEREAS,pursuant to Idaho Code section 50-1407, the mayor and council hereby authorize the lease of specified portions of Fire Stations 7 and 8 to Tenant, pursuant to the terms and conditions of the City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Eight Co-Location Agreement between the City of Meridian and Tenant, entered into contemporaneously herewith; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of the City of Meridian/Ada County Emergency Medical Services District Station Seven Co-Location Agreement and the City of Meridian/Ada County Emergency Medical Services District Station Eight Co-Location Agreement between the City of Meridian and Tenant, entered into contemporaneously herewith, are just and equitable, and the same is hereby approved as to both form and content. RESOLUTION FOR APPROVAL of LEASE AGREEMENTS FOR FIRE STATIONS 7 AND 8 PAGE 1 Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said lease agreements for and on behalf of the City of Meridian. Section 3. 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 4th day of April, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 4th day of April, 2023. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION FOR APPROVAL of LEASE AGREEMENTS FOR FIRE STATIONS 7 AND 8 PAGE 2 E IDIAN --- AGENDA ITEM ITEM TOPIC: Resolution 23-2381: A resolution of the City Council of the City of Meridian directing the City Clerk to destroy and/or supervise the destruction of certain semi-permanent and temporary records; and providing an effective date CITY OF MERIDIAN RESOLUTION NO.23-2381 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN, OVERTON,PERRAULT, STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN DIRECTING THE CITY CLERK TO DESTROY AND/OR SUPERVISE THE DESTRUCTION OF CERTAIN SEMI- PERMANENT AND TEMPORARY RECORDS;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has the authority pursuant to Idaho Code section 50-907(7) to, by resolution,direct that the City Clerk destroy semi-permanent and temporary records,upon the advice of the City Attorney; and WHEREAS, upon the advice of the City Attorney, the City Clerk has identified certain semi- permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2)and(3) because the time period for retention of such records has expired; and WHEREAS,the City Council finds that it is in the best interest of the City of Meridian to destroy all semi-permanent and temporary records as set forth in Exhibit A hereto; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the City Clerk is hereby directed to destroy and/or supervise the destruction of the semi-permanent and temporary records of the City of Meridian as set forth in Exhibit A hereto. 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 4th day of April,2023. APPROVED by the Mayor of the City of Meridian,Idaho,this 4th day of April,2023. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION AUTHORIZING CERTAIN RECORDS FOR DESTRUCTION PAGE I OF I CITY ATTORNEYS OFFICE RECORD DESCRIPTION CATEGORY YEARS Legal Department Bankruptcy Records documenting notification Semipermanent Destroy Records dated Notices and Case to the city that certain individuals IC§50-907(2)(a,g) on or before December Files have filed for bankruptcy, and used 31, 2017 after receipt of to determine if the individual owes Trustee Final Report or money to the city and to file notice an Order Dismissing the or claim with the court. Case. (See Civil Case Information may include: debtor's Files for litigated claims name, utility accounts information, and adversary actions) prepared repayment plan and related documentation. Civil Case Files Pending and closed cases filed by Semipermanent Destroy Records dated and against the city, including all IC§5 0-90 7(2)(g) on or before December pre-litigation, litigation, appellate 31, 2012 documents (complaints, summons, investigations, reports, attorney notes, discovery-related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records), and bankruptcy adversary action files. Departmental Reports prepared by the city Semipermanent Destroy Records dated Reports attorney for the mayor and city IC§5 0-90 7(2)(e) on or before December council. 31, 2017 Land Use Appeals Appeals of land use decisions, Semipermanent Destroy Records dated including staff reports, pleadings, IC§5 0-90 7(2)(g) on or before December briefs, and related records. 31, 2012 (10 years after date of last action Legal Opinions, Formal and informal opinions and Semipermanent Destroy Records dated Memoranda memoranda rendered by the city IC§5 0-90 7(2)(g) on or before December attorney for the mayor, city council, 31, 2012 or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Privileged Records held in confidence by the Semipermanent Destroy Records dated Administrative City Attorney's Office regarding IC§5 0-90 7(2)(g) on or before December Records confidential or privileged matters 31, 1947 including personnel investigations, settlements related to personnel matters. Settlement Settlement agreements and related Semipermanent Destroy Records dated Records documentation from civil cases, IC§5 0-90 7(2)(g) on or before December claims, mediation, and arbitration. 31, 1947 11 RECORD DESCRIPTION CATEGORY YEARS Risk Management Claim Files Claims for damages filed by and Semipermanent Destroy Records dated against the city, including claims IC§5 0-9 0 7(2)(a,g) on or before December caused by city 31, 2012, provided there employees/equipment, including is no litigation. (See Property Damage Records, Civil Case Files for Liability Claims Records, Public litigated claims) Injury Reports, and related correspondence. Insurance Policy Records documenting the terms Semipermanent Destroy Records dated Records and conditions of city insurance IC§5 0-9 0 7(2)(g) on or before December policies covering liability, 31, 2017 property, motor vehicle, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. 21 CITY CLERK'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Correspondence Records created or received in the course Semipermanent Destroy Records f administering city policies, procedures dated on or before r programs, but these records do not December 31, 2017 rovide insight into significant policy, procedure or program discussions or ecisions. Operational Records City Council and Audio and video recordings of City Semipermanent Destroy Records Planning and Council, Commission and Committee dated on or before Zoning Meeting Meetings. December 31, 2017 Agenda, Minutes and Minute Books Contracts & Agreements with vendors and other Semipermanent Destroy Records Agreements to parties for the acquisition, lease, lease- IC§50- dated on or before which the City is a purchase or sale of equipment, supplies, 907(2)(b) December 31, 2012 Party services or property, letters of credit, (after completion) warranty surety agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Permits & Licenses Records relating to city permits and Semipermanent Destroy Records licenses issued in the City Clerk's Office. IC§50- dated on or before 907(2)(d) December 31, 2017 COMMISSIONS, COMMITTEES,AND BOARDS RECORD DESCRIPTION CATEGORY RETENTION PERIOD Audio Recordings Audio recordings of commission, Semipermanent Destroy Records committee, or board meetings. IC§§50- dated on or before 907(2)( December 31, 2017 *Note: This schedule does not apply to City Council or Planning & Zoning Commission records, which are addressed in Clerk's Office Records Retention Schedule. 3 1 P a g e COMMUNITY DEVELOPMENT DEPARTMENT RECORD I DESCRIPTION I CATEGORY RETENTION PERIOD Administrative-All Divisions: (Community Development (CD) Departmental/Operational, Building Services, Land Development, Planning, Community Development Block Grant (CDBG) and Current/Long Range Plannin Committee/Ad-Hoc Agendas and meeting minutes/notes for Temporary Destroy Records Team Records special groups convened by dated on or before Community Development for specific December 31, 2020 purposes such as understanding operational gaps, Code issues, and process delays. Correspondence Records created or received in the Semipermanent Destroy Records course of administering city policies, dated on or before procedures, or programs, but these December 31, 2017 records do not provide insight into significant policy,procedure, or program discussions or decisions, including, but not limited to: citizen response letters, change of address notifications including corner lot change of address, and street name changes. Department Departmental records created or Temporary Destroy Records Guidelines, Policies, received in the course of administering dated on or before Procedures, Processes departmental policies,procedures, or December 31, 2020 and Reports programs, but these records do not (after administrative provide insight into significant policy, need ends) procedure,program, discussions, or decisions. Including, but not limited to: citizen response letters. Zoning Verification Documents, including, but not limited Semipermanent Destroy Records Letter to: written requests for zoning analysis dated on or before of a specific parcel/property and the December 31, 2012 responsive departmental opinion. -Building Division -Commercial and Government Buildings All building records All records regarding commercial and Semipermanent Destroy Records regarding government buildings dated before dated on or before commercial and January 2012. December 31, 2017 government buildings dated before January 2012 4 1 P a g e -Building Division -Non-Commercial and Non-Government Buildin s Residential All building records All records regarding non-commercial Semipermanent Destroy Records regarding non- and non-government buildings dated dated on or before commercial and before January 2012. December 31, 2017 non-government buildings dated before January 2012 -Planning Division-Administrative Applications Sign: Planned Sign Documents, including, but not limited Semipermanent Destroy Records Program (No longer to approved application, and sign dated on or before issuing,but still have requirements for a specific project. December 31, 2017 existing records) (after revocation from property owner 51 ' age FINANCE DEPARTMENT RECORD DESCRIPTION I CATEGORY RETENTION PERIOD Administrative—All Administration,Arts & Culture, Billing, Budget, Controller, Purchasing) Correspondence Records created or received in the Semipermanent Destroy Records course of administering city policies, dated on or before procedures or programs, but these December 31, 2017 records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing adjustment requests, etc. Accounting Accounts Payable Records documenting payment of city Semipermanent Destroy Records bills, including reports, invoices, check IC§50- dated on or before stubs, purchase orders, payment 907(2)(a) December 31, 2017 authorizations. Accounts Records documenting billing and Semipermanent Destroy Records Receivable collection of monies owed to the city by IC§50- dated on or before vendors, citizens, organizations, 907(2)(a) December 31, 2017 governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Cash Receipts Receipt and supporting documentation. Semipermanent Destroy Records IC§50- dated on or before 907(2)(a) December 31, 2017 Grant Records Records documenting the application, Semipermanent Destroy Records evaluation, awarding, administration, IC§50- dated on or before reporting and status of grants applied 907(2)(g) December 31, 2012 for, received, awarded or administered if 10 years from final by the city. Records include: grant close-out applications and proposals, summaries, objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Liens Liens held by the city and any Semipermanent Destroy Records corresponding release of liens. dated on or before IC�50- December 31, 2017 907(2)(g) (if lien released) Sales &Use Tax Used to report and remit sales tax Semipermanent Destroy Records Forms collected and due to the state. IC§50- dated on or before 907(2)(a) December 31, 2017 6 1 P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Travel Records Records documenting requests, Semipermanent Destroy Records authorizations, reimbursements, and IC§50- dated on or before other actions related to employee travel, 907(2)(a) December 31, 2017 including expense reports and receipts, vouchers and related documents. Budget Financial Reports Reports documenting the financial Semipermanent Destroy Records Quarterly condition and operation of the city, IC§50- dated on or before Published Reports include information on revenues 907(2)(a) December 31, 2012 and expenditures in relation to the final budget. Financial Reports Reports and data used to document the Semipermanent Destroy Records Year End financial condition and operation of the IC§50- dated on or before city, sub ledgers related to, but not 907(2)(a) December 31, 2017 including the final Audit Report. Bank Transaction Records documenting the status and Semipermanent Destroy Records Records transaction activity of city bank IC§50- dated on or before accounts, including account statements. 907(2)(a) December 31, 2017 Budget Records Records used in preparing and adopting Semipermanent Destroy Records the city budget, including revenue IC§50- dated on or before projections, instructions, department 907(2)(a) December 31, 2012 requests, worksheets, council-approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Capital Asset Record of purchase, vendor invoice and Semipermanent Destroy Records Records— related documents. IC§50- dated on or before Purchase 907(2)(a) December 31, 2017 Capital Asset Record of disposal, department request Semipermanent Destroy Records Records—Disposal of disposal. IC§50- dated on or before 907(2)(a) December 31, 2017 after disposal) Gift and Records documenting gifts and Semipermanent Destroy Records Contribution contributions to the city. IC§50- dated on or before Records 907(2)(a) December 31, 2012 Chief Financial Officer Investment Reports, statements, summaries, Semipermanent Destroy Records Records correspondence and other records IC§50- dated on or before documenting and tracking investments 907(2)(a) December 31, 2017 made by the city, including the Local Government Investment Pool. 7 1 P a g e Controller Accounting Transaction records within the Semipermanent Destroy Records Software Records Accounting Software system: including IC§50- dated on or before —payroll, vendor listing, vendor 907(2)(a) December 31, 2012 payments, vendor purchase orders, budget transactions, cash receipts, and general ledger. Bond Records Monthly bond statements, payments of Semipermanent Destroy Records bonds dated on or before December 31, 2017 (after final payment of bond Departmental Reports documenting the financial Semipermanent Destroy Records Reports condition and operation of the city, IC§50- dated on or before issued on a monthly, quarterly, annual or 907(2)(e) December 31, 2012 other basis, including quarterly published treasurer's report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. General Ledgers Records documenting the summary of Semipermanent Destroy Records accounts reflecting the financial position IC§50- dated on or before of the city, showing debit, credit and 907(2)(a) December 31, 2012 balance amounts per account, budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Journal Entries Records including detailed reports and Semipermanent Destroy Records back up documentation for journal IC§50- dated on or before entries. 907 2 a December 31, 2017 Payroll Administrative Reports, statistical studies, and other Semipermanent Destroy Records Reports records designed and used for budget IC§50- dated on or before preparation, projections, workload and 907(2)(a) December 31, 2012 personnel management, and research and general reference. Deduction Records documenting employee Semipermanent Destroy Records Authorization authorization for voluntary payroll IC§50- dated on or before Records deductions. Records may include: direct 907(2)(a) December 31, 2017 bank deposits, insurance applications, (after employee enrollment cards, deduction separation) authorizations, approval notices, 8 1 P a g e deduction terminations, and related records. Federal & State Records, in addition to those itemized in Semipermanent Destroy Records Tax Records this section, used to report the collection, IC§50- dated on or before distribution, deposit, and transmittal of 907(2)(a) December 31, 2017 federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement(1099), employers' quarterly federal tax return(941, 941E), tax deposit coupon (8109), and similar federal and state completed forms. Garnishment Records documenting requests and court Semipermanent 5 years after Record orders to withhold wages from employee IC§50- termination (after earnings for garnishments, tax levies, 907(2)(a) termination) support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Registers Year Payroll Registers: Registers or records Semipermanent Destroy Records End serving the same function of IC§50- dated on or before documenting the earnings, voluntary and 907(2)(a) December 31, 2017 required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Time Records Records documenting hours worked, Semipermanent Destroy Records leave hours accrued, and leave hours IC§50- dated on or before taken by city employees. Information 907(2)(a) December 31, 2017 usually includes: employee name and (after employee employee number, hours worked, type separation) and number of leave hours taken, total hours, dates and related data. W2s Annual statements documenting Semipermanent Destroy Records individual employee earnings and IC§50- dated on or before withholdings for state and federal 907(2)(a) December 31, 2017 income taxes and social security tax, 9 � also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. W4s Certificates documenting the exemption Semipermanent Destroy Records status of individual city employees, also IC§50- dated on or before known as W-4 forms. Information 907(2)(a) December 31, 2017 includes: employee name and address, (after employee social security number, designation of separates) exemption status, and signature. PERSI Records Records relating to PERSI, including Semipermanent Destroy Records Employer Remittance Forms, invoices, IC§50- dated on or before correspondence, financial adjustments, 907(2)(a) December 31, 2017 etc. Unemployment Records documenting employee Semipermanent 5 years Reports earnings on a quarterly basis. Used to IC§50- document costs and charges in the event 907(2)(a) of an unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings. Purchasing Contracts Agreements with vendors and other Semipermanent Destroy Records parties either in hard copies or contained IC§50- dated on or before on the Contract Management Database 907(2)(b) December 31, 2017 for the acquisition or sale of equipment, (after substantial supplies, services or property, also completion) includes insurance certificates, payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. Lease Agreements Lease agreements for property or Semipermanent Destroy Records equipment. IC§50- dated on or before 907(2)(b) December 31, 2017 Purchase Orders Requests and purchase orders for goods Semipermanent Destroy Records or services purchased by the city. IC§50- dated on or before Information includes: department, 907(2)(a) December 31, 2012 delivery location, date, quantity, description, unit and total price, and authorizing signatures. Purchasing Records documenting competitive Semipermanent Destroy Records Selection bidding and purchase of goods, services, IC§50- dated on or before and public works construction, and 907(2)(a) December 31, 2012 procurement of design professionals. (after date of award) Records include: published notices and solicitations, specifications, bids, 101Page requests for qualifications, statements of qualifications, etc. Utility Billing Adjustment Records documenting adjustments to Semipermanent Destroy Records Registers customer water, sewer, garbage or other IC§50- dated on or before city-provided service billings for debits, 907(2)(a) December 31, 2017 credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment,justification, amount changed, authorizing signatures and other information. (Records held within the billing software). Billing Directive Application completed by owner or Semipermanent Destroy Records property manager to initiate Third Party IC§50- dated on or before billing for specified utility account. 907(2)(a) December 31, 2017 Information included: owner, property manager, tenant, move-in date, and service address. Billing/Payment Records documenting transactions on Semipermanent Destroy Records Registers the water, sewer, garbage or other city- IC§50- dated on or before provided service account of each 907(2)(a) December 31, 2017 customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer's name, service address, meter reading, water usage, utility charges, payments, adjustments and related data. (records held within the billing software). Change Record Records documenting routine Semipermanent Destroy Records information changes to customer IC§50- dated on or before accounts, including name and address. 907(2)(a) December 31, 2017 (Records held within the billing software). Customer File General correspondence and forms Semipermanent Destroy Records related to a specific utility account. This IC§50- dated on or before information would be in addition to that 907(2)(a) December 31, 2017 found within the billing software. Documents in file may include and are not limited to: general letters, payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. 11 � Disconnect Notice Notice to City Council to verify that no Semipermanent Destroy Records to City Council customer currently slated for shut off IC§50- dated on or before due to non-payment has requested a 907(2)(a) December 31, 2017 hearing with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Disconnect Record Records documenting a customer's Semipermanent Destroy Records request for disconnection of water, IC§50- dated on or before sewer, garbage or other city-provided 907(2)(a) December 31, 2017 services. (Records held within the billing software). Meter Readings Document the readings of customer Semipermanent Destroy Records water meters for billing purposes. IC§50- dated on or before Information typically includes: meter 907(2)(a) December 31, 2017 reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. records held within the billing software Renter Supplemental document completed by Semipermanent Destroy Records Addendums the tenant to accept the third party IC§50- dated on or before billing for specified utility account. 907(2)(a) December 31, 2017 Information included: tenants name, service address, mailing address and hone number. Security Deposit Records documenting customer payment Semipermanent Destroy Records Records of a security deposit to receive IC§50- dated on or before temporary dumpster services. 907(2)(a) December 31, 2017 Information usually includes date, amount of deposit, customer's name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Shut Off Turn On Electronic spreadsheet used during shut Semipermanent Destroy Records off day by water department field staff IC§50- dated on or before and MUBS. Tracks customers that are 907(2)(a) December 31, 2017 to be shut off, payments, and turn-ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn- on, fee waived if applicable and general notes. 121Page FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Car Seat Car seat inspection forms. Semipermanent Destroy Records Inspections dated on or before December 31, 2012 Correspondence General administrative correspondence, Semipermanent Destroy Records including records created or received in the dated on or before course of administering city December 31, 2017 policies/programs, but not related to significant policy/program discussions or decisions. Includes customer survey cards. Equipment and Records relating to equipment and vehicles Semipermanent Destroy Records Vehicle Test, owned and serviced by the City documenting dated on or before Maintenance & maintenance and repairs of equipment, December 31, 2017 Repair Records vehicles and other assets with a useful life (after disposal of generally more than five years. Includes the vehicle or until following: fire hose records (such as test date, administrative need date previously tested, apparatus number, ends, whichever is station number, hose diameter, conditions longer) found, service date, defects corrected, etc.), annual ladder inspections and test results, tests done on SCBA's (including flow testing), etc. Vehicle maintenance records, inspections, pump testing and repair records of apparatus. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory, performance test records, repair records, parts used and service reports. Per NFPA Standards 1901, 1961, 1852 and 1500. Inspection Documents relating to fire code inspections Semipermanent Destroy Records records performed by the department, including dated on or before inspections of home daycares and foster care December 31, 2002 homes, commercial buildings, and subdivisions. May include reports, notices, citations, occupancy and pre-fire planning records, floor plans, sketches, reports, lists, Tier II re orts, and related documents. Buildings & Fire inspection records relating to buildings Temporary Destroy Records Subdivisions— and subdivisions that have been demolished dated on or before Demolished or or are otherwise no longer in existence (never December 31, 2019 No Longer in constructed). (from date of last Existence (never inspection) constructed 131Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Meeting Final, approved Officer and Command Staff Semipermanent Destroy Records Minutes meeting minutes. dated on or before December 31, 2017 Narcotics Narcotic inventory and usage-hard copy, Temporary Destroy Records Inventory & narcotics distributed to the engine companies. dated on or before Usage December 31, 2019 Public Records related to the design and Semipermanent Destroy Records Education implementation of educational and other dated on or before Programs & outreach programs provided to the public by December 31, 2017 Publications the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, and publications. Public Record Public records requests and responses. Temporary Destroy Records Requests dated on or before December 31, 2020 after last action Ride-Along Signed waivers for persons requesting a ride- Temporary Destroy Records Forms along with the department. Ride Along dated on or before tracking records. December 31, 2020 Structure Burn Records related to structure burns. Semipermanent Destroy Records Training dated on or before Records December 31, 2012 141 HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Affirmative Records documenting city compliance with Semipermanent Destroy Records Action; Equal the Civil Rights Act of 1964, the Equal IC§5 0-90 7(2)(g); dated on or before Employment Employment Opportunity Act of 1972 and 29 CFR December 31, 2017 Opportunity the Americans with Disabilities Act. 1602,1602.14, (from date of Commission Records include: plans, policy statements, 1620.32 request or personnel Reports reports, investigations, case files and related action whichever is information. Also includes EEO-4 reports later) submitted to the Equal Employment Opportunity Commission(EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Benefits Records documenting notice to employees, Semipermanent Destroy Records Continuation spouses and dependents informing them of IC§5 0-90 7(2)(g); dated on or before their rights to continue insurance coverage 29 CFR 1627.3 December 31, after termination or disability or family 2017: 7 years after leave and whether coverage was elected or employee rejected. Continuation may be under separation, COBRA or another provision. Notice is also expiration of sent to a third party administrator who eligibility, or administers the extended coverage. Records completion of may be filed with the Employee Benefits litigation, whichever Records or Employee Personnel Records. is longest Budget Prep Working documents utilized to build base Semipermanent Destroy Records Records budgets and establish yearly budgets; dated on or before worksheets, enhancements, amendments, December 31, 2012 etc. Collective Records documenting negotiations between Temporary Destroy Records Bargaining the city and employee representatives, IC§5 0-90 7(3)(d); dated on or before including contracts, reports, negotiation 29 CFR 516.5 December 31, 2019 notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Committee Agendas and meeting minutes/notes for Semipermanent Destroy Records Records special groups convened by HR for specific dated on or before purposes such as Benefits, Compensation, December 31, 2015 and Wellness. Correspondence, Correspondence created or received in the Semipermanent Destroy Records Administrative course of administering City policies and dated on or before programs. December 31, 2017 Department HR guidelines, including but not limited to, Semipermanent Destroy Records Guidelines, Salary Administration Guidelines. dated on or before Policies, December 31, Procedures, 2012: from date guideline in its 151Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Processes, and entirety, or any part Reports thereof, is officially replaced, updated City Standard Operating Policy/Procedure Semipermanent Destroy Records Manual. dated on or before December 31, 2002: from date SOP Manual in its entirety, or any part thereof, is officially replaced, updated Records documenting and relating to HR Semipermanent Destroy Records processes, including but not limited to, dated on or before recruiting/interviewing processes. December 31, 2017: from date HR process in its entirety or any part thereof, is officially replaced, updated Policies, reports, and documents regarding Semipermanent Destroy Records the internal department operations and dated on or before procedures (e.g. Turnover, Recruiting December 31, 2012 reports, etc.). HR reports regarding department Semipermanent Destroy Records performance or other management dated on or before presentations. Includes reports documenting December 31, 2012 trends, department or City performance in key areas as determined. Employee Benefits Records relating to city employee benefits Semipermanent Destroy Records information such as: selection of insurance IC§§50-907(2)(g) dated on or before plans, retirement, pension, and disability and 45-610; 29 December 31, plans, deferred compensation plans, and CFR 1627.3; 29 2015: after other benefit information. Records may CFR 1602.31; employee include but are not limited to: plan selection IDAPA separation, and application forms, enrollment records, 09.01.35.081 expiration of contribution and deduction summaries, eligibility, or personal data records, authorizations, completion of beneficiary information, notices of litigation, whichever disability payment made, and related is longest documentation. Employee Medical Document an individual employee's Semipermanent Destroy Records Records medical history. These records are not IC§§50-907(2)(g) dated on or before personnel records and must be kept in a and 72-601; 29 December 31, separate location from employee personnel CFR 1602.31; 29 1947: after records as required by the Americans with CFR 1910.1020 employee Disabilities Act. Records may include, but separation, are not limited to: medical exam records expiration of 161 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD (pre-employment, pre-assignment, periodic eligibility, or or episodic), X-rays, and records of completion of significant health or disability limitations. litigation, whichever is longest Employee Document of employee's work history. Semipermanent Destroy Records Personnel Records Original employee personnel records are IC§§50-907(2)(g) dated on or before kept by Human Resources Department and 45-610; 29 December 31, unless otherwise specified. Records may CFR 1627.3; 29 2015: after include, but are not limited to: employment CFR 1602.31; employee applications, notices of appointment, IDAPA separation, training and certification records, records of 09.01.35.081 expiration of health limitations, drug testing, salary eligibility, or schedules, personal actions, performance completion of evaluations, awards and other special litigation, whichever recognition, letters of recommendation, is longest investigation information, disciplinary action, notices of layoff, letters of Retirees resignation, home address and telephone, emergency notification forms, oaths of Destroy Records office, grievance and complaint records, and dated on or before relate correspondence and documentation. December 31, (See also Employee Benefits Records, 2002: after Employee Medical Records, Recruitment employee and Selection Records, and Volunteer separation, Records). expiration of eligibility, or Notes: completion of litigation, whichever (1) Meridian Police Department employee is longest personnel records including original Internal Affairs files and training materials are kept by the Police Department according to the Police Department Records Retention Schedule. Upon employee separation, these records shall be forwarded to Human Resources Department. All other Police Department current employee original personnel records are kept by the Human Resources Department. (2) Meridian Fire Department employee personnel records including original training records and original records related to Union promotions are kept by the Fire Department. Upon employee separation 17 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD these records shall be forwarded to Human Resources Department. All other Fire Department current employee original personnel records including ICRMP and BEST training records and Union member promotion applications and PAR forms documenting a promotion are kept by Human Resources Department. Employment Document to the U.S. Immigration and Temporary Destroy Records Verification Naturalization Service that an applicant or IC§50-907(3)(d), dated on or before (I-9) of Job employee is eligible to work in the U.S. 8 U.S.C. § December 31, 2019 Applicants Information includes: employee information 1324a(b)(3) or 2021: 3 years and verification data such as citizenship or (Immigration after date of hire or alien status and signature, employer review Reform and 1 year after and verification data such as documents, Control Act) employment is which establish identity and eligibility, and terminated, employer's signature certifying that whichever is later documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Hazard Exposure Emergency response employees exhibiting Semipermanent Destroy Records Records signs or symptoms possibly resulting from IC§5 0-90 7(2)(g); dated on or before exposure to hazardous substances are 29 CFR 1910.1020 December 31, required to be provided medical 2019: after examination and consultation. Records employee include: employee's name and social separation, security number; physician's written expiration of opinion, recommended limitations; results eligibility, or of examinations and tests; employee completion of medical complaints related to hazardous litigation, whichever substance exposure; description of is longest employee's duties as they relate to exposure; the employee's exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to h sician and other information. Insurance Records documenting plan descriptions and Semipermanent Destroy Records Policies/Plans: summaries of city insurance policies and dated on or before Employee Group plans covering employee group health and December 31, 2012 Health and Life life benefits, including annual certification Benefits records. Kinds and Levels Records documenting the description, Temporary Destroy Records Chart classification and compensation of city jobs IC§50-907(3)(d); dated on or before and positions. Usually includes details of December 31, 2019 181 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD duties and responsibilities of each position 29 CFR Part 1602 time percentage breakdowns of tasks, skills and 29 CFR and abilities needed for each position, and 1627.3 related records documenting the development, modification or redefinition of each job or position. Leave Applications or requests submitted by city Temporary Destroy Records Applications employees for compensatory, family and IC§5 0-9 0 7(3)(d) dated on or before medical leave, long term leave and other December 31, 2019 leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Personnel Action Completed employee forms submitted to Semipermanent Destroy Records (PAR) Forms HR upon initial hire, pay increase or IC§5 0-90 7(2)(g); dated on or before decrease, change of address, or change of 29 CFR Part 1602 December 31, supervisor. and 29 CFR 2015: after 1627.3 employee separation, expiration of eligibility, or completion of litigation, whichever is longest Position Records documenting the description, Temporary Destroy Records Descriptions classification and compensation of city jobs IC§5 0-90 7(3)(d); dated on or before and positions. Usually includes details of 29 CFR Part 1602 December 31, 2019 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Presentations Formal departmental presentations to Semipermanent Destroy Records Council, other formal bodies. dated on or before December 31, 2017 Recruitment and Documents regarding the recruitment and Temporary Destroy Records Selection Records selection of city employees and contracted IC§5 0-90 7(3)(d); dated on or before for Applicants who service providers such as attorneys, 29 CFR 1602.31; December 31, 2020 are Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, a licant background investigation 191Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Police Department employee Temporary Destroy Records original background investigation records dated on or before are kept by the Police Department. Upon December 31, employee separation these original records 2020: after shall be forwarded to the Human Resources separation Department for proper disposition. Meridian Fire Department Union original Temporary Destroy Records recruitment records including National dated on or before Testing Network testing, application, and December 31, 2020 interview notes, for applicants who are hired, are kept by the Fire Department until the expiration of the retention period at which time they shall be properly destroyed b the Fire Department. Recruitment and Documents regarding the recruitment and Temporary Destroy Records Selection Records selection of city employees and contracted IC§5 0-90 7(3)(d); dated on or before for Applicants who service providers such as attorneys, 29 CFR 1602.31; December 31, 2020 are Not Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Fire Department Union original Temporary Destroy Records recruitment records including National dated on or before Testing Network testing, application, and December 31, 2020 201Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD interview notes, for applicants who are not hired, are kept by the Fire Department until the expiration of the retention period at which time, they shall be properly destroyed b the Fire Department Special Projects Documents related to special, one-time Semipermanent Destroy Records projects to include, but not limited to, dated on or before Employee Satisfaction Survey, Policy December 31, 2012 Review/Revision, Salary Structure Review. Surveys HR and other initiated internal surveys, Semipermanent Destroy Records survey results (e.g. Salary Surveys, dated on or before Employee Satisfactions Surveys, Best Place December 31, 2012 to Work. Etc.). Training Records related to the design and Semipermanent Destroy Records Programs/HR implementation of training programs IC§50-907(2)(g) dated on or before provided to employees by the City. December 31, 2017 Documents may include course descriptions, instructor certifications, instructional materials, course outlines, class enrollment and attendance records, tests, test results, and related records. Training/Travel Records documenting attendance and Semipermanent Destroy Records Records presentation by HR employees at dated on or before conventions, conferences, seminars, December 31, 2017 workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. Payroll Records documenting claims submitted by Temporary Destroy Records Unemployment former city employees for unemployment IC§5 0-9 0 7(3)(d) dated on or before Claims compensation. Usually includes: claims, December 31, 2019 notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Wellness Program Records related to the management and administration of the Wellness Program including: • Wellness Challenges - Semipermanent Destroy Records Correspondence and other Challenge dated on or before documentation. December 31, 2017 • Wellness Committee Meeting Semipermanent Destroy Records Agendas and Minutes dated on or before December 31, 2015 • Wellness Day Off—Incentive Semipermanent Destroy Records Verification Forms for Day Off dated on or before Requests December 31, 1947 211 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Workers' Medical records related to job assignments Semipermanent Destroy Records Compensation that document work-related injuries and dated on or before Records and illnesses, including but not limited to, December 31, Claims hearing test records, hazard exposure 1992: after records, first- aid incident records, employment physician statements, release consent forms separation and related correspondence, and records documenting claims submitted by city employees for work-related injuries and illnesses. These records are kept separate from employee personnel files. 221Page INFORMATION TECHNOLOGY(I.T.)DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Correspondence dZinisterning rds created or received in the course of Semipermanent Destroy Records city policies, procedures or dated on or before programs, but these records do not provide December 31, 2017 insight into significant policy, procedure or program discussions or decisions. Operational Records Service All customer support tickets opened in Semipermanent Destroy Records Management Tool service management systems. IC§5 0-90 7(2)(g) dated on or before other December 31, 2012 Department Policies, reports, and documents regarding Semipermanent Destroy Records Policies and internal department operations and IC§50-907(2)€ dated on or before Reports procedures, e.g. computer usage policy, (dept. report) December 31, 2017 password policy, service level goals, training materials, evaluations of materials. Outlook E-mail All e-mail messages, sent or received by Semipermanent Destroy Records Messages—City City staff using City's e-mail system. (E- IC§5 0-90 7(2)(g) dated on or before Staff mail messages may be preserved elsewhere (other) December 31, 2017 in digital or paper format for longer periods of time as the subject matter of such messages may require.) 23 Page MAYOR'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Correspondence Correspondence created or received in Semipermanent Destroy Records the course of administering city dated on or before policies/programs, but these records do December 31, 2017 not provide insight into significant policy/program discussions or decisions. May include citizen response letters, letters to homeowner associations and businesses. Economic Development - Community Development Block Grant CDBG Sub Recipient Documents, including, but not limited Semipermanent Destroy Records Agreements and to agreements, Consolidated Annual dated on or before Supporting Performance Evaluation Report December 31, 2017: Documents (CAPER), sub-recipient agreements, from the completion environmental review records, PSAs of a program year's (and corresponding products), sub- HUD approved recipient reporting documents CAPER (activity reports, draw requests, labor files), etc. Operational Records Agendas & Agendas and minutes of Director Semipermanent Destroy Records Minutes Meetings, Operational Meetings, dated on or before Mayor's Youth Advisory Council, December 31, 2017 Mayor's Senior Advisory Board, and Faith Ambassador Council Meetings. Applications Forms and materials submitted with Semipermanent Destroy Records application for positions or awards dated on or before administered by Mayor's Office, December 31, 2017 including applications for scholarships, Promise partners, Mayor's Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Mayoral Mayoral memos regarding Semipermanent Destroy Records Memorandums proclamations, meetings, or events. dated on or before December 31, 2017 News Releases A written or recorded record directed at Semipermanent Destroy Records members of the news media for the dated on or before purpose of making a newsworthy December 31, 2012 announcement. 241Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Proclamations Proclamations issued by the Mayor not Semipermanent Destroy Records read at City Council meetings. dated on or before December 31, 2017 Publications Informational or promotional Semipermanent Destroy Records publications of the Mayor's office, dated on or before including newsletters, flyers, marketing December 31, 2017 materials, brochures,program materials. Public Addresses Published records relating addresses, Semipermanent Destroy Records speeches or podcasts. May include dated on or before script, video, PowerPoint,program, December 31, 2017 agenda,photos. Special Projects Documents related to special or one- Semipermanent Destroy Records time projects. dated on or before December 31, 2012 251Page PARKS &RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas &Minutes Agendas and minutes of weekly Semipermanent Destroy Records and monthly MPR staff meetings. dated on or before December 31, 2012 Budget Preparation Working documents utilized to Semipermanent Destroy Records Records build base budgets and establish dated on or before yearly budgets, including but not December 31, 2012 limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, and quotes for service/maintenance. Correspondence Records created or received in the Semipermanent Destroy Records course of administering city dated on or before policies, procedures or programs, December 31, 2017 but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to citizen response letters. Employee Time Completed logs of employees' Semipermanent Destroy Records Logs and Reports timesheets, tasks, and location; dated on or before reports and analysis of related December 31, 2017 data. Facility Permits Permits and materials including, Temporary Destroy Records but not limited to: Completed Park dated on or before Alcohol and Amplified Sound December 31, 2020 Permits related to individual's or organization's park picnic shelter reservation, short-term concessions permits and related materials from vendors. Facility Reservation Completed forms and related Temporary Destroy Records Application and materials collected from dated on or before Materials individuals or businesses December 31, 2020 registering for a recreation class, team, or event and other required documentation, such as proof of insurance. Collected Certificates of Liability Temporary Insurance from individuals or vendors. 26 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Financial Aid Completed application forms and Temporary Destroy Records Applications materials submitted to request dated on or before financial assistance for children's December 31, 2020 class or program (e.g., Care Enough to Share). Incident or Accident Citizen reports of incidents, Temporary Destroy Records Reports injuries, or accidents incurred dated on or before during or related to a department- December 31, 2020 sponsored or department-provided class, camp, program, reservation, or activity. Indemnity Forms, Signed waiver/indemnity Temporary Destroy Records Medical Release agreement related to individual's dated on or before Forms,Waivers or organization's participation in December 31, 2020 department-sponsored or department-provided class, camp, program, reservation, activity, transportation, or travel. Recreation Activity Log sheets completed by parents Temporary Destroy Records Sign In/Sign Out to signify that minor has been dated on or before Sheets dropped off or picked up from a December 31, 2020 department-sponsored or department-provided class, camp, program, or activity. Log sheets completed by Temporary Destroy Records participant confirming they have dated on or before attended a class or activity. December 31, 2020 Special Event Forms Completed forms from citizens Temporary Destroy Records and businesses participating in a dated on or before special event, including but not December 31, 2020 limited to vendor and sponsor contracts and entries. Surveys Internal and external outreach Semipermanent Destroy Records surveys and results, presentations, dated on or before neighborhood meeting minutes, December 31, 2012 correspondence, and summary reports to solicit citizen input on parks and recreation, customer service, and process improvement. Records of public input, including survey results, neighborhood meeting minutes, correspondence, etc. Team Rosters Record of all individuals Temporary Destroy Records registered for a sports team. dated on or before December 31, 2020 271Page POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity reports Daily, weekly, monthly or other Semipermanent Destroy Records reports documenting the activities of dated on or before employees, including: type of activity, Idaho Code§ December 31, 2017 employees involved, time spent on 50-907(2)(e) activity, work completed, equipment used, etc. May include Education & Prevention Training reports. Asset forfeiture Documentation pertaining to the Semipermanent Destroy Records records seizure process and obtaining approval dated on or before 9 through the courts. 0§SO-7(2)(a) December 31, 2017 Code enforcement Records created by code enforcement Semipermanent Destroy Records records" officers to document a violation or dated on or before investigation into a suspected Idaho Code§ December 31, 2017 violation of city ordinance that does 50-907(2)(g) not become a crime report(DR). Crime analysis Records documenting police efforts to Semipermanent Destroy Records statistics anticipate,prevent, or monitor dated on or before criminal activity. May include IC SO- December 31, 2017 statistical summaries of crime 907(2)(g) patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. Crime reports Reports documenting a suicide, Semipermanent Prosecuted cases: (DRs) for Suicides, unattended death and/or criminal Unattended Deaths, offense and actions taken, including IC§50- Destroy Records and Major Crimes charges or arrests. Record typically 907(2)(e) dated on or before includes location of occurrence, date December 31, 1922 involuntary and time, handling officer, involved nvoluntary parties (suspects, victims, witnesses, 100 years after final manslaughter, disposition reporting parties, etc.) and their rape, sexual abuse personal information, summary of of a child, events and supportive documents (e.g., terrorism) probable cause statements, witness Non-prosecuted cases: statements, runaway forms, release of custody forms (juveniles), documents last years after date of provided by citizens and victims, last investigative citations,property invoices, release of action property forms, etc.). May include polygraph records (e.g., re- 281 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information);property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs,property reports, destruction lists,property consignment sheets, seized firearm logs, homicide evidence inventories, etc.); and/or informant case files (reports, correspondence,payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Crime reports Reports documenting a criminal Semipermanent Prosecuted cases: (DRs) and citations offense and actions taken, including for other crimes charges or arrests. Record typically IC§50- 5 years after final includes location of occurrence, date 907(2)(g) disposition and time, handling officer, involved Destroy Records parties (suspects, victims, witnesses, dated on or before reporting parties, etc.) and their personal information, summary of December 31, 2017 events and supportive documents (e.g., probable cause statements, witness statements, tow slips, administrative Non-prosecuted cases: license suspension forms, intoxilyzer 5 years after date of slips,field sobriety tests forms, last investigative runaway forms, release of custody action forms (juveniles), documents provided by citizens and victims, Destroy Records citations,property invoices, release of dated on or before property forms, Leads Online December 31, 2017 printouts, shoplifting reports from store security officers, etc.). May include polygraph records (pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), abandoned vehicle reports,found property records, traffic collision reports,property and evidence control and disposition 29 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD records (e.g., evidence photographs, receipt forms, evidence logs, property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc.), and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Digital media — Digital media attached to a crime Semipermanent Prosecuted cases: Type 1 report for a major crime. Includes video, audio, or other digital content IC§50- 100 years after final created by a law enforcement officer 907(2)(g) disposition in the course of an investigation or Destroy Records response and attached to a crime dated on or before report for murder, involuntary December 31, 1922 manslaughter, rape, sexual abuse of a child, or terrorism. Non-prosecuted cases: 100 years after date of last investigative action Destroy Records dated on or before December 31, 1922 Digital media — Digital media attached to a crime Semipermanent Prosecuted cases: Type 2 report for a felony other than a major crime. Includes video, audio, or other IC§50- 5 years after final digital content created by a law 907(2)(g) disposition enforcement officer in the course of an Destroy Records investigation or response and attached dated on or before to a crime report for a crime other than December 31, 2017 murder, involuntary manslaughter, rape, sexual abuse of a child, or Non-prosecuted cases: terrorism. 5 years after date of last investigative action Destroy Records dated on or before December 31, 2017 301Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Digital media— Digital media related to an officer Temporary Destroy Records Type 5* complaint. Includes video, audio, or dated on or before other digital content created by a law IC§50- December 31, 2020 enforcement officer in the course of an 907(3)(d) investigation or response relevant to a complaint about such response or officer. Field interview An informational document written by Semipermanent Destroy Records reports (FI cards) police officers relating to individuals, dated on or before events, or vehicles for which the IC 50- December 31, 2017 officer does not have probable cause 907(2)(g) for enforcement. Typically includes name and current address of person contacted,physical description of person or vehicle, officer's name, location of contact, date and time, reason for contact, etc. Grant records Applications and required reporting Semipermanent Destroy Records documents for grants to support law dated on or before enforcement initiatives and Idaho Code § December 31, 2012 programming (e.g., crime prevention, 50-907(2)(g) substance abuse programs, criminal justice, SWAT). Health & Welfare Referrals of suspected child abuse, Semipermanent Destroy Records Referrals adult abuse and daycare complaints. dated on or before IC§50- December 31, 2012 APS & Daycare 907(2)(g complaints Internal affairs files Records documenting department's Semipermanent 75 years after investigation of an officer's role in an employee separation incident for the purpose of evaluating IC§§50- or completion of compliance with department policy 907(2)(g) and related litigation, and professional standards. Records 45-610; 29 CFR whichever is longest typically include investigative 1627.3; 29 CFR materials (video and audio recordings, 1602.31 Destroy Records written statements, narratives, dated on or before analysis),polygraph records (pre- December 31, 1947 examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), and recommended disciplinary actions, if any. 311 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Intoxilyzer 5000en, Factory and State of Idaho certificates Temporary 3 years after Draeger 9510 and for instrument; log of each person that certificate has been LifeLoc instrument takes the breathalyzer test and 90§50- issued records verification testing. May include 7(3)(d) and suspect name, date, time, results, IDAPA Destroy Records operator name, calibration check 11.03.01.013.06 dated on or before results, simulated temperature in December 31, 2019 range, comments, etc. Master name index Information on individuals who are Semipermanent Destroy Records records field interviewed, individuals who are dated on or before arrested, suspects or accomplices in IC§50- December 31, 1922 crimes, victims, complainants, and 907(2)(g) witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number (DR#), citation numbers and other identifying data. Radar equipment, Records documenting the calibration Temporary 3 years after certifications, and and maintenance of radar equipment equipment retirement 907(3)( maintenance that may be useful in documenting the 90�50- records accuracy of the readings. Often d) Destroy Records includes original factory certification dated on or before of calibration. Information relating to December 31, 2019 maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Training materials Records related to training programs Semipermanent 5 years from final provided to MPD personnel by presentation and/or presenters including City employees, IC§50- use contractors, or other presenters. May 907(2)(g) include course descriptions, instructor Destroy Records certifications, instructional materials, dated on or before course outlines and handouts, and December 31, 2017 attendance records. Victim Witness Notations and documents Semipermanent 20 years after System documenting contact with victims and investigation closure witnesses. 90§50- or disposition of case, 7(2)(� whichever is later 321Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Destroy Records dated on or before December 31, 2002 Written warnings Written notice provided by MPD Semipermanent Destroy Records officer to member of the public to dated on or before bring attention to a potential or actual IC SO- December 31, 2017 violation. 907(2)(g) * Note: Where record is used for legal, training, or purposes other than those enumerated in retention period, that record shall be retained according to the retention period established for other records similarly used. ** Note: Where record is embedded with a crime report(DR), it shall be retained according to the retention period established for the crime report. 331Page PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD All Department Records Alarm Monitoring/ Reports of monitoring fire alarms, Semiperman Destroy Records dated on Test Results security alarms and sprinkler tests for ent or before December 31, Reports all relevant City-owned facilities 2017 including annual fire alarm testing, annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Budget Preparation Work documents utilized to build base Semiperman Destroy Records dated on Records budgets and establish yearly budgets, ent or before December 31, including vehicle replacement 2002 worksheets, enhancements, amendments and carry forward support. Confined Space A written authorization prepared prior Semiperman Destroy Records dated on Entry Permit to employee entry into a Permit ent or before December 31, Required Confined Space. The 2017 Department's permit contains specific entry space,purpose and time conditions under which the entrance will operate. Correspondence, Correspondence created or received in Semiperman Destroy Records dated on Administrative the course of administering City ent or before December 31, policies,procedures, or programs. 2017 Departmental Department reports,performance Semiperman Destroy Records dated on Reports management presentations. ent or before December 31, 2012 Engineering Capital Engineering Capital & Enhancement Semiperman Destroy Records dated on and Enhancement Plan(ECEP)—5-year Capital ent or before December 31, Plan (ECEP) Improvement Plan Reports. 2012 Reports Meeting Minutes Internal meeting agendas, minutes, Semiperman Destroy Records dated on sign-in sheets ent or before December 31, 2017 Photos, Building Photos relating to repair and Semiperman Keep records requiring Maintenance replacement of City-owned equipment, ent engineering stamps 2 years material, and facilities. 341Page afterlife of structure. Keep all other records 10 years. Destroy Records dated on or before December 31, 2012 Presentations Departmental presentations. Semiperman Destroy Records dated on ent or before December 31, 2012 Safety Audits Health and Safety audits. Temporary Destroy Records dated on or before December 31, 2019 Safety/Health and Safety and health documents including Semiperman Destroy Records dated on Testing but not limited to training, auditory ent or before December 31, testing records, respirator fit test 1947 information. Safety Meeting Topics covered and sign-up sheet for Semiperman Destroy Records dated on Agenda/Signup employees who attended the meetings. ent or before December 31, Sheets 2017 Training and Travel Records documenting attendance and Semiperman Destroy Records dated on presentation by City employees at ent or before December 31, conventions, conferences, seminars, 2017 workshops, and similar training events. Includes training requests, travel requests, training and Continuing Education Unit(CEU) tracking reports, and related correspondence. Administration Area of Impact Records related to analysis of Semiperman Destroy Records dated on Records expansion of Public Works services ent or before December 31, into the Area of Impact such as those 1947 for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Committee Records Agendas and meeting minutes for Semiperman Destroy Records dated on special groups convened by Public ent or before December 31, Works such as City Services Focus 2017 Group, Construction Best Management Practices Sub-Committee, Energy. Emergency Master Emergency plan records for City Hall, Semiperman 10 years Plans Emergency Management, and ent Continuity of Operations. 351Page Events, Public Records related to planning Public Semiperman Destroy Records dated on Works Works internal and external events. ent or before December 31, 2012 Rate/Fee Records Records related to establishing utility Semiperman Destroy Records dated on rates and fees, including calculations, ent or before December 31, research and recommendations. 2002 Special Projects Documents related to special or one- Semiperman Destroy Records dated on time projects to include, but not limited ent or before December 31, to: Strategic Plans, Inventory 2012 Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Surveys Public Works initiated internal and Semiperman Destroy Records dated on external surveys and survey results. ent or before December 31, 2012 Capital Projects and Facilities Engineering Fire Flow Requests Requests from customers for fire flow Semiperman Destroy Records dated on and responses from Engineering staff ent or before December 31, based on computer modeling. 1947 Sewer Modeling Requests from customers to run sewer Semiperman Destroy Records dated on Requests model for capacity and sizing and ent or before December 31, response from Engineering staff based 1947 on computer modeling. Environmental Environmental Awards presented to citizens and Semiperman Destroy Records dated on Awards Records businesses in recognition of ent or before December 31, environmental contributions to the 2012 community. This includes but is not limited to award nominations, certificates,photographs, and lists of recipients. Pretreatment 361 Page Industrial Records related to the identification, Semiperman Destroy Records dated on Pretreatment inspections sampling, permitting, ent or before December 31, formalized agreements and/or contracts 2017 between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications, permits and fact sheets, inspection reports, Industrial user reports, monitoring data(including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention), enforcement activities, and correspondence to and from the Industrial User. Permitted Facilities Records related to permitted facilities, Semiperman Destroy Records dated on including zero discharge permits ent or before December 31, 2012 Photos, Industrial Photos related to the identification, Semiperman Keep all records five years, Pretreatment inspections sampling, permitting, ent until the end of the IPDES formalized agreements and/or contracts permit cycle, or as between the City and individual requested by state or facilities within the business and federal agencies, whichever industrial sectors that must comply is longer with the federal requirements of the Destroy Records dated on Environmental Protection Agency 40 or before December 31, CFR Part 403, General Pretreatment 2017 regulations. Pretreatment Awards presented to businesses in Semiperman Destroy Records dated on Awards Records recognition of Best Management ent or before December 31, Practices (BMP)contributions to the 2017 Wastewater Resource Recovery Facility. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Wastewater Air Permit All documents and reports related to Semiperman 5 years from the date of the the Air Permit. Can include reports, ent monitoring sample, measurement, report or 371 Page manuals, data, and calibration application; or from end of information. permit Destroy Records dated on or before December 31, 2017 Biosolids All documents and reports related to Semiperman 5 years, until end of the biosolids production and disposal. Can ent IPDES permit cycle, or include Sewer Sludge Application Site longer as requested by state Logs and Sewage Sludge Management or federal agencies; Plans. Discharge monitoring reports kept 20 years after permit expiration Destroy Records dated on or before December 31, 2017 Discharge Records documenting effluent quality Semiperman Keep discharge monitoring Monitoring Records discharged from the City wastewater ent reports 20 years after treatment facility. Includes permit permit expiration. Keep all required supporting documentation. other records 5 years, until the end of the IPDES permit cycle, or as requested by state or federal agencies, whichever is longer Destroy Records dated on or before December 31, 2017 Equipment Records documenting the maintenance Semiperman Keep 5 years after Maintenance & and calibration of equipment and ent equipment removed from Calibration Records instruments used to undertake and service, until the end of the monitor wastewater treatment IPDES permit cycle, or as operations. Useful to verify equipment requested by state or reliability and for reference by federal agencies, or the life regulatory agencies. Information of City Database, includes: date, type of equipment whichever is longer. maintained or calibrated, tests performed, repairs needed, comments, Destroy Records dated on and related information. or before December 31, 2017 38 Idaho Pollutant Records documenting the application Semiperman Keep all records 5 years, Discharge for and issuance of a permit to the City ent until the end of the IPDES Elimination System under the Idaho Pollutant Discharge 40 CFR permit cycle, or as (IPDES) Records Elimination System(IPDES)program 122.41 requested by state or which allows discharge of specific federal agencies, whichever pollutants under controlled conditions. is longer. Records typically include: applications, Destroy Records dated on permits, addenda, modifications, and or before December 31, related supporting documentation. 2017 Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. Reclaimed Water Includes all records related to the Semiperman Keep for two years beyond Records (REUSE) reclaimed water permit. Can include ent the period of the permit, or permits, permit applications, manuals, as requested by state or plans, agreements, data and reports. federal agencies, whichever is longer. Destroy Records dated on or before December 31, 2020 Sewer Maintenance Records documenting the maintenance Semiperman Keep records requiring and Repair Records and repair of City sewers. May include ent engineering stamps two summaries, reports, and similar records years after life of structure. usually compiled from daily work Keep other records five records on a monthly or quarterly basis. years or until asset is removed from service or the administrative need ends. Destroy Appropriate Records Sewer Smoke Test Records documenting smoke tests Semiperman Destroy Records dated on Records undertaken to verify hookup to main ent or before December 31, sewer lines, check condition of pipes, 2012 or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector's name, pipe size, and related information. 39 Sewer Television/ Records from contractors documenting Semiperman Destroy Records dated on Videoscan television inspections used to locate ent or before December 31, Inspection Records problems and defects in sewer lines. 2017 (External) Often consists of, inspections of newly constructed lines. Valve Maintenance Records documenting the location, Semiperman Keep records requiring Records specifications, maintenance, and repair ent engineering stamps two of valves in the City sewer system. years after life of structure. Includes lists, charts, drawings, reports, Keep other records five logs, and related records, valve years or until asset is location, identification number, run of removed from service or pipe, size, make, year installed, depth, the administrative need turns to open and normal position, ends. narratives of valve maintenance and Destroy Records dated on repair, test run, personnel completing or before December 31, work, dates, and related information. 2020 Wastewater Complaint letters, notes, or phone calls Semiperman Keep all records five years, Customer and in-person complaints from ent until the end of the IPDES Complaint Records customers or citizens permit cycle, or as requested by state or federal agencies, whichever is longer. Destroy Records dated on or before December 31, 2017 Wastewater Preventative maintenance schedules, Semiperman Keep records five years or Preventative work orders ent until the asset is removed Maintenance Work from service or until the Plan Records period of reclaimed water permit plus two years, until the end of the IPDES Permit cycle, or as requested by state or federal agencies, or the life of City Database, whichever is longer. Destroy Records dated on or before December 31, 2017 Water Backflow Tests Backflow assemblies test report Temporary Destroy Records dated on or before December 31, 2019 40 Construction Bacteria sample results taken for water Semiperman Destroy Records dated on Samples line/well construction ent or before December 31, 2017 Daily Chlorine Field notes from Chlorine residuals Temporary Destroy Records dated on Residuals taken from various sample ports in the or before December 31, City water system 2019 Digline Marking Agreements between City and Semiperman Destroy Records dated on Agreement Excavators for marking facility ent or before December 31, 2017 Fire Flow Reports Actual fire flow data taken from a Semiperman Destroy Records dated on particular fire hydrant ent or before December 31, 1947 ISO Fire Hydrant Updates to our Insurance Evaluator Semiperman Destroy Records dated on Reports notifying them of new hydrants to ent or before December 31, Water System 2017 Leak Letters Letters that are mailed to customer Semiperman Destroy Records dated on informing customer of a possible leak ent or before December 31, are attached to the service order for 2017 leak check Meter Warranty A report on meter warranty Semiperman Destroy Records dated on Report ent or before December 31, 1997 Safety Inspections Inspections/Reports for Gas Monitors, Semiperman Destroy Records dated on Crane, Fall Protection, and Fire ent or before December 31, Inspection 1992 Spring flush notices Flush notices mailed to customers for Semiperman Destroy Records dated on (Mailers) spring flush of water system/Maps ent or before December 31, 2017 Turbidity Reports Logs used for entering wasted water Semiperman Destroy Records dated on flushed from the water system and not ent or before December 31, sold. Flush locations are listed. Water 1992 Quality information, including Nephelometer Turbidity(NTU) readings, are documented. Water Meter Water meter reports including NC list, Semiperman Destroy Records dated on Reports billing status report, autoread master ent or before December 31, route report, billing pre-scan report, re- 2017 41 1 Page reads, and water meter testing results, Sensus analytics, RNI Reports Water Quality Any mailed correspondence with labs, Semiperman Destroy Records dated on Correspondence customers, regulators concerning ent or before December 31, sampling 2007 Water Quality Records documenting water quality Semiperman Destroy Records dated on Master Log calls from customers ent or before December 31, 1997 42 1 Page E IDIAN --- AGENDA ITEM ITEM TOPIC: City of Meridian February 2023 Financial Report City of Meridian Monthly Financial Report FY2023 February 2023 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 PIP INN mow .• e �11111, Iltliulllllfll IIUIfIiIYlTilllllll I IIII �, � � 1 ��'f il� _ [� IuI i CE ID� F:\Reporting\Monthly Reports\FY2023\FY23 -5 Feb Council Report 1 of 3 Monthly Financial Report (�E IDIAN�--- FY2023 February 2023 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE 4.31% POOL IDAHO BOND FUND 2.98% CASH 0.00% FIB •FIB MoneyMarket$2,678,884 •Cash$17,488,176 MONEYMARKET 3.75% •Idaho Bond Fund$73,055,361 •Idaho State Pool$142,383,637 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $1,400,000 $160,000,000 $1,200,000 $140,000,000 $1,000,000 $120,000,000 $800,000 $100,000,000 $600,000 $80,000,000 — $400,000 $60,000,000 $200,000 $40,000,000 $0 $20,000,000 General Enterprise $_ General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY23 ■FY22 F:\Reporting\Monthly Reports\FY2023\FY23-5 Feb Council Report 2 of 3 Monthly Financial Report FY2023 Ci�fIERIDIAN�-- February 2023 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,OOO,000 ---- - - - $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 ■Assigged Reserves F:\Reporting\Monthly Reports\FY2023\FY23-5 Feb Council Report 3 of 3 E IDIAN;--- AGENDA ITEM ITEM TOPIC: DEPARTMENT/COMMISSION REPORTS (Action Item) Page 4 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll HISTORIC Annual Report, 2022 Commissioners Jack Keller, YouthVacantVacantPam JagoshDestinie HartJody Ault , Vice PresidentBlaine Johnston, President PRESERVATION National their questions at this time.Idaho State Historic Preservation Office is answering some questions regarding our application and the the National Park Service for review. The NPS had Historic Places. The application has been submitted to Meridian Speedway listed onto the National List of We continue to be hopeful in our efforts to have the •Registry May:101 W. Pine St.Pine Street SchoolBank of Meridian able to take the tour at any time.We encourage the public to download our app to be •help with the tour of the schoolWe would like to thank the Pine Street School for their •highlight local historical properties.person tours of our historic properties virtual tours to We continue to have our commission members host in •MonthPreservation HPC contribute to a potential historic district.Places. They also listed another 35 buildings that eligibility for listing on the National List of Historic There are 5 properties that have the potential for They surveyed 134 properties during the initial survey. Meridian. level survey of selected areas in -reconnaissancephase -Consulting completed the first phase of a twoIn September 2022, TAG Historical Research and Preservation Office.Meridian as suggested by the Idaho State conduct a survey of the North Main Street area of We are contracting with The Arrowrock Group to Projects HPC/https://hullfilm360.com/projects/meridian/tour134thand 5th, Highway 16Center, several locations along Idaho Street between , History interior), Black Cat Farm, Meridian SpeedwayBroadway Street, Pine Street School (exterior and Virtual Tours Include:City of Meridian.document areas and building associated with the We are continuing our projects with Hull Films to Projects Social comment on our posts. followers and in the number of people that Our accounts continue to grow in the number of historic buildings.highlight our history, both our culture and our History on both Facebook and Instagram. Our posts efforts to encourage the public to follow Meridian The Historic Preservation Commission continues its Media WHAT’S NEXT this project.planning on applying for grant money from SHPO to help fund Historic Preservation Plan as recommended by SHPO. We are The commission will be looking into updating the 2014 Meridian 4.survey that will be completed by this September 2023. Zamzows Granary or other properties as recommended by the process of a new Historic Registry Nomination for either the listing. We hope that by this time next year; we will in the We are also exploring additional sites that may be eligible for 3.SHPO.listed onto the National List of Historic Places, working with We will continue our efforts to have the Meridian Speedway 2.posts to expand our following.and like these forms of social media and please share these Instagram. We ask that members of the council to please follow We continue our Social Media outreach on both Facebook and 1.In 2023 we will: THANK you-Thankanswer them.If you have any questions at this time, we would be happy to not be able to do the work that we have been tasked to do.Without the support that we receive from the city, we would of Meridian in preserving our history.for us. It our pleasure to be able to serve you and the citizens Mayor’s office, City Council and City Staff for all that they do The Historic Preservation Commission would like to thank the YOU- Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll 2022 Meridian Arts Jessica Peters, Chair Commission Annual Report Mission Statement, Commissioners, and Staff Cassandra Schiffler, Arts & Culture CoordinatorVacant (Nomination: Brecken Bird)Vassil Ivanov)Vacant (Nomination: Vacant (Nomination: Crystal Paulsen)Hannah Scoville, YouthPatrick O’LearyBobby Gaytan, PAC ChairLizzie Taylor, IPG ChairNatalie Schofield, Vice Chair 2023Jessica Peters, Chair 2023 2023 Commissioners and Staff Cassandra Schiffler, Arts & Culture CoordinatorWardle, YouthRaeyaPatrick O’LearyBobby Gaytan, PAC ChairNatalie Schofield, IPG ChairLizzie TaylorWilliams-CavanessJenifer VanucciTom Jessica Peters, Vice Chair 2022Bonnie Zahn Griffith, Chair 2022 2022 Commissioners and Staff.Meridian residents and its visitorsTo develop, advance, and nurture all facets of the arts and to enhance the quality of life for Mission Statement: Meridian Park Identity Projects RFQ + RFPcall to artists nationally with a revised budget and 2022: continuing work on the project, reopened the •is the City’s first ‘gateway’ to the Five Mile Pathway.site. The site Trailhubat the new Five Mile Pathway 2021: started a new public art Park Identity project •with these fundsPublic Art Committee identifies & develops projects •with a cap of $50,000/yr. to MAPS funding.City Council allocates 50 cents per Meridian resident •Renaissance ParkKen McCallIlluminationsChampion ParkTrademark DesignChampion’s Flame(MAPS)Art in Public Spaces Five Mile Creek Pathway Installation in summer 2023•support from Arts CommissionProject approved with enthusiastic •previously seenapplicants than Meridian has Call to Artists with more public art Artist selected through an RFQ + RFP •by Eileen Gay from Nevada. “Water Metrics” mosaic sculptures •Trailhub Public Art Projects: Murals Meridian CyclesKonkolMural by artist Ben at unBound libraryMural by artist team Sector 17 Third mural: Planned for Meridian PoolSecond mural: Installed at unBound LibraryFirst Mural: Installed at Meridian Cycles with a public unveiling Meridian Mural Series Public Art Projects: Murals others was a surreal experience.”better art more often, so to be that inspiration for was younger. It always made me feel inspired to do because I used to love doing the same thing when I answer those questions and allowed them to watch, would have on the community. I made sure to me feel more connected to the effect that my mural questions, or just sit and observe for a bit, it made come up to me during the installation and ask other goal was to inspire kids. When they would In addition to keeping art in the public view, my “selected through a youth call to artists. student at Idaho Fine Arts Academy and was is a RatzesbergerMacy YOUTH MURAL ARTIST:Artist with a Youth ApprenticePartnering a Professional Mural projects with the Garden City Placemaking Fund.recent project on the Linen District panels, and involved in various public art projects, including a numerous businesses in our community, and has been skatepark often growing up. He has collaborated with skateboarding for 17 years, and skated at Tully Mexican descent from Caldwell, ID. He has been Almeida is a painter, illustrator, and digital artist of Miguel Angel PROFESSIONAL MURAL ARTIST:Tully Skatepark Public Art Projects: MuralsTully Skatepark Public Art Projects:Nathan Lee’s “Robot City”Main/Fairview: Replaced the wrap “Floating Above Air” with -10. MDC sponsored Kennedi Brown’s “My Identity Spread”Butterflies” with ZentangleMeridian/Broa dway: Replaced “-9. MDC sponsored Elsa Lindh’s “Reflections” (pictured above)Meridian/Waltman: -8. MDC sponsored Ameerah Bader’s “Still Life, Still Here Week 24”7. Linder/Cayuse Creek: Replaced the wrap “Bad Hair Day” with : Replaced the wrap “Goals, Dream It, Believe It, Achieve It” with Ustick6. Meridian/Rosa Cruz “Cocoon of Inclusion” 5. Fire Station 5 6001 N Linder Rd: Stephanie Inman “High Desert” 4. Fire Station 4 2515 S Eagle Rd.: Ashley Lian’s “Illumination” 3. Fire Station 3 3545 N Locust Grove Rd: Jocelyn Irvin’s “Splendor Sunset” 2. Fire Station 2 2401 N Ten Mile Rd: Tisha Johnson’s “She Took Time” 1. Fire Station 1 540 E Franklin Rd: 2022 Traffic Box Series 2022 Concerts on Broadway Smooth Avenue, High Street, Soul Patch◦ Tammy de awardArtsExcellence in the received theDwight Williams•Arts in Educationforreceived the award Marianna Jimenez Edwards•award.ArtsSupport of the was recognized with theBrockCecyle•.Excellence in the ArtsStudent received the award forFunkRandyB•Awards in the ArtsWeerd’s 2022 Meridian Concerts on Broadway◦Community Art Party◦Air Painters of Idaho (PAPI)Plein◦Murals◦Classes◦Live Music◦Chalk Art Competition◦Art Drop◦Art Week Initial Point Gallery Exhibits 7 group shows◦Idaho art faculty exhibitCollege of Western ◦group exhibits 2 artist organization ◦artWASD show of youth ◦with 172 artists shown2022: 11 total exhibits ◦ Current exhibit at “Let the Sun Shine”Alliance Group Show: Artist ValleryTreasure To follow Meridian Arts Commission Instgramon meridianarts@◦Meridian Arts Commission on Facebook◦activities on social media: Meridian Arts Commission Successful Art Week 2022 + Collaboration on the Community Art Party7.Produced 3 Concerts on Broadway with estimated 1,050 attendees6.Sponsorship of Treasure Valley Children’s Theater performances5.Awards in the ArtsWeerd’sCelebrated the Tammy de 4.attendance of around 550 at the opening receptionsDisplayed 11 exhibits at Initial Point Gallery showing 172 artists with 3.Installed 10 new traffic box art wraps 2.through the collaboration of a professional artist and a youth artistCompleted 3 mural projects: unBound library, and two at Tully Skatepark 1.Highlights in 2022 Meridian Arts Commission Public Art ProjectsDevelop a prioritization list of ongoing and future 12.ArtsAwards in the Weerd'sPresent 2023 Tammy de 11.Phase 2 Public Art ProjectSupport the Development of the Discovery Park 10.and fiscal support of performing arts projectsperforming arts programs through partnership facilitate selection process to support youth Use new Call for Performing Arts Projects to 9.installation of new traffic box wrapsartworks, approve locations, and commission Maintain existing Traffic Box Series; select 8.from professional public arts contractor(s)Art Plan through researching options for help Pursue development and completion of a Public 7.Support Concerts on Broadway Series in 20236.marketing events2023 and participate in programming and Engage the community through Art Week in 5.underrepresented populationsmarketing to underserved and representation of diverse populations and Increase inclusive programming through 4.Artists, with a selection panel for new exhibits-to-host opening receptions, and market yearly CallProgram monthly Initial Point Gallery exhibits, 3.Public Art ProjectTrailhubSupport the completion of “Water Metrics” 2.Series at the Meridian PoolSupport the completion of the Meridian Mural 1.Adopted Goals for 2023 Questions? Comments?Meridian residents and its visitors.all facets of the arts and to enhance the quality of life for work to fulfill our mission to develop, advance, and nurture Without your support, we would not be able to do this City Staff for all that you do for us. We would like to thank City Council, Mayor Simison, and Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Compensation 2023April Phase 2Plan Update City of Meridian PurposeOverviewGoals Recommendation Agenda City of Meridian Ease of UseTransparentFundableTerm-LongCompetitive PlanCompensation Purpose City of Meridian AdjustmentPenetration RetentionLongevity C.O.L.A.BasedMarket 25% Growth•Step Plan Overview City of Meridian GoalsEmployeesCommitment to Talent AttractionCompetitivenessMaintain Market (Retention)Increase Tenure Goals City of MeridianRecommendation City of MeridianQuestions City of MeridianRecommendation City of Meridian Pay StructureCity of Meridian Pay Structure DBM DBM Grade Grade Market Market Market Market ValueValue RatingRatingCodeCodeTarget MinTarget MinTarget MaxTarget Max A11C441214750667$ $ 34,200.45 92,432.81 $ $ 111,205.7635,893.40 A12C4513210005250$ $ 38,949.75 99,563.89 $ $ 120,428.4442,035.70 A13C5112313334750$ $ 43,699.05 92,432.81 $ $ 111,205.7648,178.00 B21C5213416675250$ $ 48,462.60 99,563.89 $ $ 120,428.4454,338.75 B22D6114520005667$ $ 105,511.2053,211.90 $ $ 128,120.1560,481.05 B23D6215623336000$ $ 110,260.5057,961.20 $ $ 134,262.4566,623.35 B24D6316727506333$ $ 115,009.8063,908.51 $ $ 140,404.7574,315.06 B25D6417832506750$ $ 120,957.1171,039.59 $ $ 148,096.4683,537.74 B31D6518727507250$ $ 128,088.1963,908.51 $ $ 157,319.1474,315.06 B32D7117832506750$ $ 120,957.1171,039.59 $ $ 148,096.4683,537.74 C41D7218936677250$ $ 128,088.1976,986.90 $ $ 157,319.1491,229.45 C42E81101940007667$ $ 134,035.5081,736.20 $ $ 165,010.8597,371.75 C43E82112043338000$ $ 138,784.8086,485.50 $$ 103,514.05171,153.15 E83218333$ 143,534.10$ 177,295.45 City of MeridianRecommendation Lifecyle Pay Structure Year 0 = Market MinYear 15 = Market Max Years0123456789101112131415 A11$ 34,200.45$ 34,268.17 $ 34,335.89 $ 34,403.61 $ 34,539.04 $ 34,674.48 $ 34,809.91 $ 34,945.35 $ 35,080.79 $ 35,216.22 $ 35,351.66 $ 35,487.09 $ 35,588.67 $ 35,690.25 $ 35,791.82 $ 35,893.40 A12$ 38,949.75$ 39,073.19 $ 39,196.63 $ 39,320.06 $ 39,566.94 $ 39,813.82 $ 40,060.69 $ 40,307.57 $ 40,554.44 $ 40,801.32 $ 41,048.20 $ 41,295.07 $ 41,480.23 $ 41,665.39 $ 41,850.54 $ 42,035.70 A13$ 43,699.05$ 43,878.20 $ 44,057.36 $ 44,236.52 $ 44,594.84 $ 44,953.15 $ 45,311.47 $ 45,669.79 $ 46,028.10 $ 46,386.42 $ 46,744.74 $ 47,103.05 $ 47,371.79 $ 47,640.53 $ 47,909.26 $ 48,178.00 B21$ 48,462.60$ 48,697.65 $ 48,932.70 $ 49,167.74 $ 49,637.83 $ 50,107.92 $ 50,578.02 $ 51,048.11 $ 51,518.20 $ 51,988.29 $ 52,458.38 $ 52,928.47 $ 53,281.04 $ 53,633.61 $ 53,986.18 $ 54,338.75 B22$ 53,211.90$ 53,502.67 $ 53,793.43 $ 54,084.20 $ 54,665.73 $ 55,247.26 $ 55,828.79 $ 56,410.33 $ 56,991.86 $ 57,573.39 $ 58,154.92 $ 58,736.45 $ 59,172.60 $ 59,608.75 $ 60,044.90 $ 60,481.05 B23$ 57,961.20$ 58,307.68 $ 58,654.17 $ 59,000.65 $ 59,693.63 $ 60,386.60 $ 61,079.57 $ 61,772.54 $ 62,465.52 $ 63,158.49 $ 63,851.46 $ 64,544.43 $ 65,064.16 $ 65,583.89 $ 66,103.62 $ 66,623.35 B24$ 63,908.51$ 64,324.77 $ 64,741.04 $ 65,157.30 $ 65,989.82 $ 66,822.35 $ 67,654.87 $ 68,487.39 $ 69,319.92 $ 70,152.44 $ 70,984.97 $ 71,817.49 $ 72,441.88 $ 73,066.28 $ 73,690.67 $ 74,315.06 B25$ 71,039.59$ 71,539.51 $ 72,039.44 $ 72,539.37 $ 73,539.22 $ 74,539.07 $ 75,538.92 $ 76,538.77 $ 77,538.63 $ 78,538.48 $ 79,538.33 $ 80,538.18 $ 81,288.07 $ 82,037.96 $ 82,787.85 $ 83,537.74 B31$ 63,908.51$ 64,324.77 $ 64,741.04 $ 65,157.30 $ 65,989.82 $ 66,822.35 $ 67,654.87 $ 68,487.39 $ 69,319.92 $ 70,152.44 $ 70,984.97 $ 71,817.49 $ 72,441.88 $ 73,066.28 $ 73,690.67 $ 74,315.06 B32$ 71,039.59$ 71,539.51 $ 72,039.44 $ 72,539.37 $ 73,539.22 $ 74,539.07 $ 75,538.92 $ 76,538.77 $ 77,538.63 $ 78,538.48 $ 79,538.33 $ 80,538.18 $ 81,288.07 $ 82,037.96 $ 82,787.85 $ 83,537.74 C41$ 76,986.90$ 77,556.61 $ 78,126.31 $ 78,696.01 $ 79,835.41 $ 80,974.82 $ 82,114.22 $ 83,253.62 $ 84,393.03 $ 85,532.43 $ 86,671.83 $ 87,811.24 $ 88,665.79 $ 89,520.34 $ 90,374.90 $ 91,229.45 C42$ 81,736.20$ 82,361.62 $ 82,987.04 $ 83,612.47 $ 84,863.31 $ 86,114.15 $ 87,365.00 $ 88,615.84 $ 89,866.69 $ 91,117.53 $ 92,368.37 $ 93,619.22 $ 94,557.35 $ 95,495.48 $ 96,433.62 $ 97,371.75 C43$ 86,485.50$ 87,166.64 $ 87,847.78 $ 88,528.92 $ 89,891.21 $ 91,253.49 $ 92,615.78 $ 93,978.06 $ 95,340.34 $ 96,702.63 $ 98,064.91 $ 99,427.20 $ 100,448.91$ 101,470.62$ 102,492.34$ 103,514.05 C44$ 92,432.81$ 93,183.73 $ 93,934.65 $ 94,685.57 $ 96,187.40 $ 97,689.24 $ 99,191.07 $ 100,692.91$ 102,194.75$ 103,696.58$ 105,198.42$ 106,700.25$ 107,826.63$ 108,953.01$ 110,079.39$ 111,205.76 C45$ 99,563.89$ 100,398.47$ 101,233.05$ 102,067.63$ 103,736.80$ 105,405.96$ 107,075.13$ 108,744.29$ 110,413.45$ 112,082.62$ 113,751.78$ 115,420.95$ 116,672.82$ 117,924.69$ 119,176.56$ 120,428.44 C51$ 92,432.81$ 93,183.73 $ 93,934.65 $ 94,685.57 $ 96,187.40 $ 97,689.24 $ 99,191.07 $ 100,692.91$ 102,194.75$ 103,696.58$ 105,198.42$ 106,700.25$ 107,826.63$ 108,953.01$ 110,079.39$ 111,205.76 C52$ 99,563.89$ 100,398.47$ 101,233.05$ 102,067.63$ 103,736.80$ 105,405.96$ 107,075.13$ 108,744.29$ 110,413.45$ 112,082.62$ 113,751.78$ 115,420.95$ 116,672.82$ 117,924.69$ 119,176.56$ 120,428.44 D61$ 105,511.20 $ 106,415.56$ 107,319.92$ 108,224.28$ 110,032.99$ 111,841.71$ 113,650.42$ 115,459.14$ 117,267.86$ 119,076.57$ 120,885.29$ 122,694.00$ 124,050.54$ 125,407.08$ 126,763.61$ 128,120.15 D62$ 110,260.50 $ 111,220.58$ 112,180.66$ 113,140.73$ 115,060.89$ 116,981.05$ 118,901.20$ 120,821.36$ 122,741.51$ 124,661.67$ 126,581.83$ 128,501.98$ 129,942.10$ 131,382.22$ 132,822.33$ 134,262.45 D63$ 115,009.80 $ 116,025.59$ 117,041.39$ 118,057.19$ 120,088.79$ 122,120.38$ 124,151.98$ 126,183.58$ 128,215.17$ 130,246.77$ 132,278.37$ 134,309.96$ 135,833.66$ 137,357.36$ 138,881.05$ 140,404.75 D64$ 120,957.11 $ 122,042.69$ 123,128.26$ 124,213.83$ 126,384.98$ 128,556.13$ 130,727.28$ 132,898.43$ 135,069.57$ 137,240.72$ 139,411.87$ 141,583.02$ 143,211.38$ 144,839.74$ 146,468.10$ 148,096.46 D65$ 128,088.19 $ 129,257.43$ 130,426.66$ 131,595.90$ 133,934.38$ 136,272.85$ 138,611.33$ 140,949.81$ 143,288.28$ 145,626.76$ 147,965.23$ 150,303.71$ 152,057.57$ 153,811.42$ 155,565.28$ 157,319.14 D71$ 120,957.11 $ 122,042.69$ 123,128.26$ 124,213.83$ 126,384.98$ 128,556.13$ 130,727.28$ 132,898.43$ 135,069.57$ 137,240.72$ 139,411.87$ 141,583.02$ 143,211.38$ 144,839.74$ 146,468.10$ 148,096.46 D72$ 128,088.19 $ 129,257.43$ 130,426.66$ 131,595.90$ 133,934.38$ 136,272.85$ 138,611.33$ 140,949.81$ 143,288.28$ 145,626.76$ 147,965.23$ 150,303.71$ 152,057.57$ 153,811.42$ 155,565.28$ 157,319.14 E81$ 134,035.50 $ 135,274.52$ 136,513.53$ 137,752.55$ 140,230.57$ 142,708.60$ 145,186.63$ 147,664.66$ 150,142.68$ 152,620.71$ 155,098.74$ 157,576.77$ 159,435.29$ 161,293.81$ 163,152.33$ 165,010.85 E82$ 138,784.80 $ 140,079.53$ 141,374.27$ 142,669.00$ 145,258.47$ 147,847.94$ 150,437.41$ 153,026.87$ 155,616.34$ 158,205.81$ 160,795.28$ 163,384.75$ 165,326.85$ 167,268.95$ 169,211.05$ 171,153.15 E83$ 143,534.10 $ 144,884.55$ 146,235.00$ 147,585.46$ 150,286.37$ 152,987.28$ 155,688.18$ 158,389.09$ 161,090.00$ 163,790.91$ 166,491.82$ 169,192.73$ 171,218.41$ 173,244.09$ 175,269.77$ 177,295.45 City of MeridianRecommendation Row LabelsCount of Years in Current Position 090.00 122.00 238.00 332.00 416.00 514.00 613.00 713.00 816.00 94.00 104.00 118.00 125.00 147.00 1518.00 (blank) Grand Total300.00 City of MeridianRecommendation General Fund$ 320,938.60 Enterprise Fund$ 253,543.10 $ 26,479,182.06$ 27,334,005.08$ 574,481.70 2.17% Current SalaryFinal SalaryDiff $Diff % City of MeridianRecommendation General Fund$ 320,938.60$ 82,955.55$ 109,396.09 Enterprise Fund$ 253,543.10$ 65,535.30$ 86,423.46 $ 574,481.70$ 148,490.84$ 195,819.54 12 Remaining StepsPhase 2Year 2Year 3 City of Meridian Work LifestyleAttractionCompetitionTenureFundingRoadblocks Roadblocks City of Meridian FundingCurrent CompetitionCurrent Current TenureCurrent PlanRoadblocks Roadblocks City of MeridianRecommendation City of MeridianRecommendation