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HomeMy WebLinkAbout2023-08-15 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 15, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton Councilwoman Jessica Perreault ADOPTION OF AGENDA Adopted as Amended (Add 74-206(d) to Executive Session) CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener 1. Costa Vida Core and Shell Water Main Easement (ESMT-2023-0104) 2. Driftwood Subdivision Sanitary Sewer and Water Main Easement (ESMT-2023- 0108) 3. Foxcroft Subdivision No. 1 Water Main Easement (ESMT-2023-0106) 4. Lennon Pointe Subdivision Pedestrian Pathway Easement (ESMT-2023-0098) 5. Pollard Subdivision No. 1 Pedestrian Pathway Easement (ESMT-2023-0105) 6. Southridge South Subdivision Phase 1 Sanitary Sewer and Water Main Easement (ESMT-2023-0103) 7. Pathway Agreement between the Nampa-Meridian Irrigation District and the City of Meridian for the Pathway along the Ridenbaugh Canal to be built with the Southridge South Phase 1 Project 8. Development Agreement (Artisan Victory Market H-2022-0066) Between the City of Meridian and BPS Eagle Road, LLC for Property Located at 2820, 2910, 2960, and 3020 S. Eagle Rd. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 9. Fiscal Year 2024 Republic Services Rate Review 10. Community Development: ACHD Integrated Five-Year Work Plan 2024-2028 Draft 11. Proposed Updates to Meridian City Code section 13-2-6(C), Regarding Alcohol in City Parks, and Meridian City Code Section 13-2-6(S), Regarding Parking in City Parks 12. Proposed Updates to Title 7, Meridian City Code, Regarding Traffic and Parking EXECUTIVE SESSION 13. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Motion to enter executive session pursuant to Idaho Code 74-206(d) made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilman Cavener Into executive session: 5:48 PM Out of executive session: 6:04 PM ADJOURNMENT 6:04 PM Meridian City Council Work Session August 15, 2023. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, August 15, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Members Absent: Jessica Perreault. Also present: Chris Johnson, Bill Nary, Emily Kane, Lacy Ooi, Miranda Carson, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton Jessica Perreault _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is August 15th, 2023, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: On our agenda this evening we do have an Executive Session, but we need to add another section to that Executive Session in addition to 74-206A. We want to add 74-206(d) to consider records that are exempt from disclosures provided in Chapter 1, Title 74, Idaho Code. So, with that amendment I move that we adopt the agenda as amended. Cavener: Second. I have a motion and a second to approve the agenda as amended. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the motion is agreed to and the agenda is adopted as amended. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Costa Vida Core and Shell Water Main Easement (ESMT-2023-0104) Meridian City Council Work Session August 15,2023 Page 2 of 25 2. Driftwood Subdivision Sanitary Sewer and Water Main Easement (ESMT-2023-0108) 3. Foxcroft Subdivision No. 1 Water Main Easement (ESMT-2023-0106) 4. Lennon Pointe Subdivision Pedestrian Pathway Easement (ESMT- 2023-0098) 5. Pollard Subdivision No. 1 Pedestrian Pathway Easement (ESMT- 2023-0105) 6. Southridge South Subdivision Phase 1 Sanitary Sewer and Water Main Easement (ESMT-2023-0103) 7. Pathway Agreement between the Nampa-Meridian Irrigation District and the City of Meridian for the Pathway along the Ridenbaugh Canal to be built with the Southridge South Phase 1 Project 8. Development Agreement (Artisan Victory Market H-2022-0066) Between the City of Meridian and BPS Eagle Road, LLC for Property Located at 2820, 2910, 2960, and 3020 S. Eagle Rd. Simison: Next item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Council Hoaglun. Hoaglun: I move that we adopt the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Meridian City Council Work Session August 15,2023 Page 3 of 25 9. Fiscal Year 2024 Republic Services Rate Review Simison: So, we will go into Department/Commission Reports. First up is Item 9, fiscal year 2024 Republic Services rate review and we will see who is coming up. It looks like it's going to be Bob with Republic Services. Mr. Bennett, how are you? Bennett: Mr. Mayor, I'm doing great. Thank you. It's a little bit warm, but I will get over it. So, Bob Bennett, Republic Services. 11101 West Executive Drive here in Boise. Mayor, Council, appreciate you guys letting me come up here and talk again. Fortunately, this year is a little bit less complicated than previous years from a rate standpoint. So, I'm going to try and be brief and I believe we have this up on the screen. If you could move to the next slide, please. Johnson: If you use your keyboard you can just press the arrow. Bennett: So, very high level -- and, actually, first I want to say thank you to both staff and also the SWAC. The work -- for working through all these details prior to coming to present to Council. But, you know, very high level this year. You know, the CPI as calculated came out to a 7.875 percent and per contract that comes out to a 7.088 percent increase. A couple things that -- that I want to kind of break this down into three categories that we talked about. The first one is some things that are positive for the city that we are doing this year that's going to have a -- a, you know, downward pressure on rates. The first one is -- is reroute productivity. So, one of the challenges here in Meridian is you guys are growing just a little bit -- more than just a little bit and what we have noticed is a lot of our growth, especially on the fringes, have created some routes that are pretty large and so, you know, there is one of two ways you do this. Way number one is we try to balance out our route size. We could do a massive reroute to -- to make some of these routes smaller, which would, you know, change days for residents for like 40,000 homes, which is probably not going to be a good thing. People get upset by that. They miss their trash day. It's usually a customer service nightmare. So, what we have done is we have started doing what we are calling is micro reroutes, where we are taking little pockets and we are moving stops on to different days, but they are in much smaller chunks and we recently did one of about 900 homes moving customers from a Friday to a Thursday and balancing out routes and we got almost no customer service calls on that whatsoever. So, it's a little bit more intelligent way to do it. It's going to take time to kind of get through that and keep up with growth, but the other positive part about that is that it's going to make us more efficient in our calculation for this next year with a couple more that we are going to do is reducing our rates by seven cents per home for that productivity impact. The second one that's going to impact us is our transfer station here in Meridian. So, one of the larger projects that's taken three years to get here is the transfer station was built with a compactor. So, what that means is that you have got a hole in the ground that you push trash into it and it compacts it, pushes it into the back of a truck and that's what goes up to the landfill. The challenge with it is that compactor was 18 years old, was running capacity wise almost double what it should have been and it's hard to even get parts for them anymore. So, we did a pretty lengthy project to change the transfer station from Meridian City Council Work Session August 15,2023 Page 4 of 25 compactor base to a pit base. So, we basically put a scale, a pit we push trash in. It's infinitely more efficient. It's a lot less maintenance. You don't have to worry about, you know, trying to replace a three million dollar compactor every ten years and just based on the savings that we are going to get from maintenance, productivity, not having to store trash in trailers on site, because you push it in and it drives away, that's another two cents per home that we are reducing rates by for that change. We are right in the middle of that right now and we are hoping in the next month and a half that project will be complete. The final one -- and this is actually down on number eight -- is the excise tax credit that we get for compressed natural gas. So, that's been renewed again and the city has -- has always put that back into the rates. The current run rate from last year was -- it was 11 cents per home less by adding that in. We actually got more this year, so we are adding another two cents. So, it's actually 13 per home positive impact as a result of the V-tech credits. The next area that, you know, has an impact, which is kind of outside of the normal CPI, is recycling and there is two areas, number five and number six. So, first one is recycling service charge. This is what comes from Western and that's an 8.6 percent increase this year and that -- it's about a ten percent impact. You know, I have had the opportunity to spend a lot of time at Western over the last year and, you know, the biggest challenge for them is labor. You know, recycling facilities are very labor intensive. There is a couple things they could do to improve that and we are talking about that and, then, one of the things that Councilman Borton asked in the last meeting is when this plastics recycling center is going to get up and running. You may have seen there was another article about another company we did a deal with. As soon as that thing is up and running and we are able to ship product there we are going to be talking again, because that should have a pretty -- pretty solid positive impact on all of us, but we are not there yet. We still got to figure out how we are going to rail product down there and a couple of other things, but it's all over the news now, so we better get moving. The second item, number six, is glass recycling. So, this is something that has changed in the last year or so. Our glass recycling that we have got the -- the container that's at Meridian transfer -- we used to get that for free and -- and that glass ships down to Salt Lake City to Momentum, gets made into insulation and with the cost, the change in the recycling market they could not absorb the shipping down there for free anymore and so we were asked to add that into the rate and that's about a two -- two cent impact. The third big item -- and this one's a little bit bigger discussion -- has to do more with Ada county than it does Republic. So, there is two big areas that Ada county is -- is changing. The first one is household hazardous waste. So, this will be the last year as of today that the countywide household hazardous waste program is going to run like it is today. Not something that we are a big fan of. That is a world class absolutely outstanding program. I think it's won awards. It's kept a lot of really nasty stuff out of landfills. It's kept trucks from lighting on fire. But the county has decided that they are not going to continue to run that program. So, after a lot of discussions they are going to continue through 2024, but we have got to work with the city to come up with another alternative to keep that stuff out of the waste stream, because a lot of that product is flammable and we are going to see problems with it. And, by the way, it's not just Meridian, that's going to impact every other city in Ada county. They also kept the same company, so that's Clean Earth. Used to be Stericycle, if you remember them, and they are also giving us an increase of 8.6 Meridian City Council Work Session August 15,2023 Page 5 of 25 percent. And, then, the final one, which this one is really a tougher one -- is landfill rates. So, been a lot of discussion and I want to take my hat off to the staff here in Meridian and Sayered specifically for fighting on this. The original proposal was a disposal increase of 25 percent, which would have taken rates from 29 dollars to 36 dollars and change. One of the largest increases I have ever seen. And so after a lot of discussion they essentially cut it in half, but that is going to have a -- a pretty big impact on everybody now and right now as it sits it's going to be a 32 dollar per ton change and I will show you in just a second what the impact of that is going to be. But, you know, between the household hazardous waste and disposals those are pass-throughs and that's something that, unfortunately, we are kind of at the -- the mercy of the county on and how they set that up. But those -- those are kind of the -- the big moving pieces. Move down here. So, what we see up on the screen here -- what we did is we tried to actually break this down using the 95 gallon, you know, once a week trash and, then, every other week recycling, because that's what the majority of -- of residents have and so you will see the different costs broken down and how they impact the rates and kind of the spread of rates between the sizes down below and what that impact is going to be under customer rate. So, for your average customer it's going to be $1 .67 for that 95 gallon down to the 48 gallon service at $1 .27 per month. Any -- any questions with that? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Bob. Regarding the Ada county disposal fee increase, I -- I knew that that was coming from talking with Steve when I was on the SWAC, but it is still unfortunate to see such a huge increase. Can you just educate us a little bit about how they charge that fee compared to other landfills? Like do they charge it by a volume? By weight? What's the best practice and what are -- what are they sort of doing? Bennett: Yeah. They are charging by weight and -- and I actually do think that's the best practice and I think one of the challenges that we have had to go through this as well with, you know, charging by cubic yard. This market for years -- that's how they did it and we still have some of that as -- as Legacy, because it's really hard to change out of that and so when they made that change up there, you know, they may not have got their math right, so, you know, that's one of the challenges, but that -- that is hands down the best way to do it. The -- the other thing -- just, again, trying to be somewhat balanced in this discussion and -- and, you know, as these -- these questions come up is that they didn't make any adjustment last year. So, I think what -- what, you know, Sayered and some of the other folks at the cities came up with was somewhere in the middle, so that they can make sure they get their math right. The fact that they didn't do an increase probably made what they needed much larger than it normally would have been. If they do an increase every year it's routine, it's all the time and it's not such a shock to the system. But a ten percent increase is a shock to the system. At 25 percent would have been much -- much worse. You know, as far as their financials -- and this is something where I have, you know, had the opportunity to look at some of Meridian City Council Work Session August 15,2023 Page 6 of 25 the increases that -- that they are getting. Some of it I understand, some of it I -- to be quite frank I don't agree with. But, ultimately, they are the ones that have to make that decision on how they do that, because there is right now no competing landfills in this area. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Sure enough. And we do want to extend the life of our landfills as long as possible. It's in everyone's best interest as -- as taxpayers. Regarding the hazardous waste program -- so, if that is discontinued in 2024 is Republic interested in stepping in to fill that gap or have you guys had those -- started those discussions? What -- what are the alternatives there? Bennett: Yeah. Council Woman Strader, we just started those discussions. I'm -- I'm actually a little bit surprised of all the programs and things that I would change this isn't one of them. One of the things I used to deal with down in Arizona was fires in my trucks and at my landfills all the time and even though we still have them here it is almost nothing in comparison and as you brought up filling up the landfill quicker -- if there is not an easy way to dispose of that I promise you people will hide that in their trash and now you are going to end up with hazardous waste in the landfill that we don't even know about until there is a fire underground and -- look up Bridgeton, Missouri. There was a fire underground for like 30 years. So, there is a lot of risk in that and we are going to partner with the city and the other cities to try and come up with -- with some solution to this. But, yeah, I'm a little bit disappointed, because it's a -- it's a good program and it's not very expensive in comparison to having a monster site that people have to come. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to comment a little bit. You know, I'm not -- I'm disappointed, but not surprised about the rate increases, just given what's happened with inflation. The recycling increase I think is particularly unfortunate though. So, I appreciate, you know, everything you guys are doing recycling plastics and finding alternatives to decrease those costs for people. I think people want to do the right thing and it's really hard if -- if the cost of that goes up and, then, they find out like, you know, whole -- their whole categories of plastics that can't be recycled; right. So, it's hard. We want to encourage people, but we want it to be effective. I guess I -- I would be curious if we want to follow up collectively on the hazardous waste program, you know, maybe to comment to Ada county, because it does seem really like a poor decision. But, anyway, that's all I had. Thank you. Cavener: Mr. Mayor? Meridian City Council Work Session August 15,2023 Page 7 of 25 Simison: Councilman Cavener. Cavener: Appreciate Councilman Strader's comments and as, Bob, you are the -- I don't want to shoot the messenger. Appreciate that you are the one that's kind of communicating this stuff. So, you won't take my ire for that, but certainly I think, Mayor, it would be good to hear from the county explaining a little bit of the rationalization around a rate increase. Certainly the county felt that a 25 percent increase was necessary and, then, changed their mind, which means there is -- there is some guiding principle that came up with that and I look at this as a little bit of -- it's not a matter of if but when that number is achieved. So, that piece. And it sounds like this piece about the household hazardous waste is kind of breaking news that you are sharing with us and I certainly would like to hear from the county as to the -- the rationalization and justification for that. I remember as a -- as a kid when we had the BFI days, our police department or county sheriff are chasing down trucks that were on fire all the time, because, Bob, to your point it's the lowest common denominator, whatever they get rid of they are going to do that and that's a great program. But I just -- it seems like a bit of a head scratcher. It sounds like it's a bit of a head scratcher for you and certainly we have got an obligation to maybe try and figure out how to solve that. But I trust our -- our friends in the county really want to understand what caused them to come to that justification. Like my question for you, though, Bob was the -- the glass increase and -- and I know there is differing opinions about the impacts of recycling glass in Meridian or not, but maybe help me and the Council understand why the decision was made to put the increase for all users, as opposed to those people that subscribe to the household glass recycling program. Bennett: Councilman Cavener, we were asked to add that in. So, this is specifically the glass bin that is at Meridian transfer. We got free -- not just free recycling, but free shipping down to Salt Lake City up until this last year and somebody correct me if I'm wrong about this, but we were paying for it through our recycling fund at SWAC and I was asked to take a look at what that rate would be per resident to continue doing that. And if I'm incorrect on how that's set up let me know. It's a good program. We get quite a bit. It's not ending up in the landfill. So, this is one of the -- you know, glass is one of these challenging products that sometimes you don't have an end use for it. Here is a -- an example where we have an end use for it and it's relatively inexpensive to make sure it's not ending up in the landfill. Cavener: And, Bob, I -- I realize you kind of asked for some questions. I didn't know if you had -- had a chance to complete your presentation. So, I didn't want to -- I don't want to keep you from completing your presentation. I did have some additional questions, but I -- I can wait until the end. It's whatever your preference is. Bennett: Yeah. I'm done. So, I will stand for questions. I said it was going to be simpler this year. Cavener: So, Mr. Mayor? Meridian City Council Work Session August 15,2023 Page 8 of 25 Simison: Councilman Cavener. Cavener: Bob, I -- I remember beginning of the year reading a press release or something along those lines talking about Republic as a -- a goal to move to an all electronic fleet. I like 2030, something like that. How does that have an impact on -- on your operations? What is your plan? I used to be on the VRT committee and it's not just so much about getting the vehicles, it's about the infrastructure to charge and maintain. Maybe if you -- if you have got some insight about how that's going to progress for your operations maybe share that with the -- the Council. I'm very interested in kind of learning how you plan to attack a very ambitious goal for your organization. Bennett: Yep. So, thank you, Councilman Cavener. We are actually one of the pilots for electrification and one of the things that's unique about our business is we go out and run routes every day, but our routes don't -- you know, we average about 80 to 90 miles a day, which is not that far in the trucking industry, and for our residential we start and stop somewhere between 900 and a thousand times a day and what's unique about that is with electric vehicles one of the bigger challenges with them is they don't have the range -- they can't go drive 400 miles on a single charge where we are not doing that. So, a single charge -- the ones that we are running today make it a full day on route. The other thing that -- that our industry is a little bit unique and with that thousand stops a day there is a regen system. So, when you take your foot off the accelerator and the truck slows down and that weight slows down, it regenerates the batteries. So, that also helps us keep a charge for a full route. So, we are one of the pilots. We have five trucks running today. They are all in -- in Boise and, you know, very high level. We are pretty bought into the technology. The drivers absolutely love them, because they are super quiet. There is still some challenges though. We are not -- and you brought up infrastructure. So, we are -- we had to put our own chargers in, because there is no place that can charge our type of truck. So, we did that ourselves. We have got space for another seven trucks and we are supposed to get another five, but we are going to have to build more chargers, we are going to have to put transformers in -- I mean there is just a lot of infrastructure that goes into it. The good news -- and we don't run diesel here, but it's a lot cheaper than diesel here in Idaho. So, that's kind of the other reason why we are a pilot is that our electricity here is cheap, because we have dams and a really good infrastructure. It is a little bit more expensive than CNG and so one of the things we got to be cautious of is the cost side. That being said, we got a 40 percent increase in our CNG rate this year. We got two separate increases from Intermountain Gas that we weren't expecting. That's the highest increase that I could find in history. So, we are kind of wondering if it's going to cross like this from a strategic standpoint specific to Meridian, if we put an electric truck here we are going to talk about it and it's got to make sense financially. One of the reasons we were able to do it is we used some of the VW grant money to pay for the trucks, because the trucks cost about 200 grand more than a typical truck and that offset that cost -- as the technology gets better that cost will come down and we have to have that conversation. And, oh, by the way, CNG trucks and diesel trucks are all going up, you know, exponentially, so we are hoping that that line crosses at some point. Meridian City Council Work Session August 15,2023 Page 9 of 25 Cavener: Mr. Mayor, quick follow up. Simison: Councilman Cavener. Cavener: Bob, I think you -- you are tracking right where my question is, is that CNG has been a very affordable benefit to our -- to our ratepayers and while I'm certainly excited about the prospect of electric trucks and I think certainly our residents, particularly those that have early morning pickups, like the idea of a -- of a more silent truck, which being -- understanding the cost potential impact on that. And I guess maybe -- speaking of -- of sound, if -- if I recall during kind of the -- the big time of the COVID-19 pandemic you guys modified your pickup time, started a little bit earlier. I don't know. Has that maintained -- has that just become kind of SOP or you have kind of moved back? Bennett: We have moved back, you know, and -- and in a few cases we have asked -- like when weather is like this we might ask to start a little bit earlier for the drivers. But, yeah, we have moved back. Where we are -- we are beyond all that. Hopefully. Cavener: Mr. Mayor, just one -- maybe one last request. I apologize if monopolized a lot of the time. I love that you guys are always trying to process improve, particularly around your kind of micro routes. If -- if it's ever possible I think communicating that to -- to us, particularly as Meridian moves to -- to districts we often now become kind of the -- the focal point for our residents who live in that area with those types of questions and knowing that beforehand, if a question pops out it allows us to better serve our -- the same constituents that we are working on on their behalf. So, appreciate the update. Appreciate all the information. Simison: Thank you. Council, additional questions? Or comments? Cavener: So, Mr. Mayor? Simison: Councilman Cavener. Cavener: What's -- what's next steps on this? Is it future -- thanks. Future public hearing with action from the Council? Is it just -- is it just built into the contract and so they are informing of us this change? I recall in the past we have taken a vote, but I just -- I can't remember. Simison: Laurelei is coming up to -- there is a plan. Trust me. Cavener: I -- I know there is. There always is. McVey: So, we are planning to have a public hearing in a couple weeks and, then, we will do the vote at that time. Thank you. Appreciate you all being here and -- and the world you live in and the cost of today. Yeah. I guess that's the one thing I will just add a little bit to this. Well, I -- I don't -- I don't know if our friends with the county -- I don't Meridian City Council Work Session August 15,2023 Page 10 of 25 think that they have ever -- they throw out numbers and they always back down and I don't know how they get to those numbers or what they do and why they do it. It would be great if we could ever get them to be a little bit more, but I don't think they have ever stuck to one number that they have originally proposed in all the years of me understanding what goes on with SWAC. I don't know how they come up with them in the first place. I know how they are agreed to ultimately. But thank you for being the conduit with them and SWAC to try to make that -- make sense of that. 10. Community Development: ACHD Integrated Five-Year Work Plan 2024-2028 Draft Seal: With that we will move on to Item 10, which is the Ada County Highway District integrated five year work plan draft and Miranda will give us an update. Carson: Mr. Mayor, Members of the Council, so I don't usually see you guys so often back to back. It's good to see you again. This -- I want to start with saying this is not an effort to reprioritize our list. This is -- the presentation is based on the list that was prioritized earlier this year that City Council voted on. ACHD then took that list, put it into their rankings and put out their draft. So, this is an effort to comment on their draft. The comment period closes tomorrow, so I do have a letter that was circulated about a week ago that -- if you understand everything and we don't need to add anything to that letter, then, we will circulate that tonight for signature. So, there in your packets you will have quite a few pages of tables. Those are the projects as we prioritized those earlier this year. The projects in green were funded for some level of some phase, whether it's design, right of way, or construction, they had been funded in previous projects and, then, in the initial draft column you can see that there is a comparison of the projects as they were in the previous draft -- or, I'm sorry, in the previous work plan, which is two years old. If you remember we had a one year gap of work plans and, then, whether the construction was advanced or delayed is in the advanced delay column. So, we had one win, which was the Linder Road overpass is now funded for right of way and programmed for construction and, then, we had quite a few projects that moved down, whether it was in design, right of way, construction, we had quite a few projects and that's kind of noted in the red in the initial draft column, if you just kind of look through at how many projects have red in them, those are all of our projects that were delayed. So, we did put in the letter that -- that we had some concerns and noted the top ten projects in that letter and that we still were looking forward to seeing those moving forward and not being delayed. We did -- in our comment that we sent with our initial draft we let ACHD know that Linder Road overpass being our number one priority, that we would be happy to have conversations about delaying some of the projects in south Meridian and the Ten Mile south of Victory area, but those were not the projects that were ultimately delayed in the projects, so -- then in the community programs there was a few -- that begins on page six of your packet. There were a few delays in that as well, as a few projects that moved up the list. The one concern that I had when looking at the draft was at the McMillan, Ten Mile to Linder, project was completely removed from programming. It had been in programming in previous years. It was removed from programming. I did note that there were two projects added to the program that are not Meridian City Council Work Session August 15,2023 Page 11 of 25 necessary. There is already sidewalks where those projects are and so I'm hoping this is a simple clerical error. Well, maybe they put in an old project where they meant to put in a new one, but we have definitely called that out in the letter so that we can get that addressed. And at this point I can stand for any questions or comments on the letter. Simison: Thank you. Council, any questions, comments? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Do we have a feeling for what the other cities have seen? Like is it -- is this kind of particularly unusual? Is there kind of a trend with all the different cities and I -- I know you are in communication with them regularly. So, it's sort of the voiceover that they are giving you about the reprioritization. Carson: Mr. Mayor, Members of the Council, we -- I did not do any comparison with their lists to the new project. I do know that when we talked about ACHD's budget and the kind of that gap year that they didn't have a program out, there were several projects that were delayed and we have seen several projects delayed in the programming. So, I -- I'm making an assumption that other cities have seen those, but I don't know for a fact. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I always appreciate the cooperation between us and other jurisdictions and agencies. Meridian -- you know, we often are -- I think the biggest stakeholder when it comes to regional transportation and when I look at this it makes me feel like because we prioritized a regional solution to the Linder Road overpass and the other projects and programs that have a real impact on our neighbors, Meridian residents, less regional focused seemed to be downgraded or removed. I have the tendency to jump to conclusions and so I'm trying to not do that and so I'm kind of asking you as that of a motion arbiter and helping me see the forest from the trees, is -- is that the case? Is it -- am I misreading their prioritization? It -- it certainly feels like that a lot of our projects that we knew were important for our community are pushed a little bit further down than where I think they should be. Just don't know if I'm misreading this. I don't mean to put you on the spot, but I'm also trying to help you help me. Carson: Mr. Mayor, Members of the Council, I would hate to speak for ACHD. struggle often to try to figure out what -- why they do the things the way they do and what their thought processes are. So, I'm not sure if our projects are delayed in effort to put more dollars towards the Linder Road overpass. I do know that they do not do any kind of -- they don't send out any kind of list that says that our city is getting this much funding versus this city versus Boise getting funding or Eagle and so I think when we do Meridian City Council Work Session August 15,2023 Page 12 of 25 our next prioritization list -- and I have discussed this with some of my coworkers internally, but I think when we do our next prioritization list that might be something that's worth asking for. Are we as -- you are correct -- the transportation center of the valley, are we getting the same improvements and the same dollars and funding that our neighbors are getting per capita, per -- per vehicle miles. Cavener: Thanks. Mr. Mayor. I appreciate it and I'm looking forward to that feedback and I know we sometimes try and do once every year or so a collaborative conversation with our colleagues at the highway district. I know that this subject is somewhat uncomfortable and certainly every city wants more -- to accomplish more projects in their city and that's a hard position for our friends at the highway district to take on and just -- if they could better educate us, so that if I'm a Meridian resident and I'm saying, man, it seems like Meridian residents are getting the shaft, so that it's easier for people from Star to get to Kuna and vice-versa, that we can say, well, no, that's not the case and here is what's going on. I think it makes our collaborative job a little easier. Hoaglun: Mr. Mayor? Simison: Council Hoaglun. Hoaglun: Miranda, I'm just interested in getting your take on Item No. 6 and No. 18. This has to do with Ustick Road. No. 6 is Linder to Ten Mile. They -- they reverse it. They move east. We -- I'm -- I'm thinking moving west, Linder to Ten Mile, and that right of way 2024 and, then, Ten Mile to Black Cat and that's -- right of way is 2025 for that. And, then, continuing from Ten Mile to Black Cat that's 2024. And both are unfunded and construction year and, again, a year different. It's kind of a leapfrog there and I'm assuming it has to do with the construction of their facility and a requirement to widen the road from that Ten Mile to Black Cat option. But, then, that leaves at least a year lag for that other section where you got five lanes to five lanes and back to -- to one of those squeeze points again. Any -- any idea if that can be rectified? Can they do something a little more in order, instead of creating these squeeze points? Carson: Mr. Mayor, Members of the Council, we noticed that as well and we had the same assumption that it was likely due to their facility and their requirement to wind the road with their facility. That said we do have the Ustick, Ten Mile to Linder project called out in the letter that will be sent, so that we can kind of push on that and see what movements we can make. There is still time for the ACHD commission to change this list. That's why there is the comment period open and so we will have those communications with them and also watch that go to their commission and see where that ultimately lands. Cavener: Thank you. Overton: Mr. Mayor? Simison: Customer Overton. Meridian City Council Work Session August 15,2023 Page 13 of 25 Overton: Miranda, thank you for the report. Probably the highest ranked one that's been moved is number three. Yeah. It's very similar to what Councilman Hoaglun was talking about. We have a choke point on Locust Grove between Fairview and Ustick. Yeah. It's been kicked back years. About three years. I understand a list that just says that should be nice. Little bit more feedback. Why something that seems like that important for moving traffic through Locust Grove to the north, which is whatever (inaudible) highly ranked by us and it back for not just a year, but multiple years (inaudible) traffic moving through our city in the future. Carson: Mr. Mayor, Members of the Council, in addition to the letter that I'm sending I had planned on sending our table back to ACHD as well, because some of the comments that I have are more just clarifying information, like a project that's on our table that's not in our city, but it's showing up on our documents and so I can definitely include some -- the comments about flip flopping the Ustick projects and the Locust Grove when I ask for those clarifying statements. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. And I think it's important to -- maybe to reiterate that when we have been prioritizing our request we have been trying to take a corridor approach in our requests, with the idea that, you know, if we can completely widen the corridor it provides a better outcome and maybe it's worth -- at least when you speak with them or in the letter kind of referencing that, because I feel like we put a lot of our eggs in that, you know, for example, Locust Grove basket and a couple of others where it was like that was our main focus and I think we prioritized those above other projects just so we could try to focus on those corridors. I'm hoping because they are taking comments that they will see our comments and take the feedback and maybe we could see some changes. Have they ever made changes in response to these comments? I assume that they have, so, hopefully, if we communicate, you know, openly we could -- we could kind of bring some priorities back. Carson: Mr. Mayor, Members of the Council, to answer your last question, yes, they have made changes between the draft and the final based on comments from -- from agencies and also comments from the public. Simison: I think that we know -- the -- moving Locust Grove in has had an impact on their forecasted budgeting and finance. We -- we knew that there would be an impact. You know, we just hoped it wouldn't be to the projects that were in Meridian to -- to see that. But some of the things just to share that I have heard, you know, depends upon the projects. You know, do they have the staff resources to do the projects, you know, cash flowing, all those things are taken into consideration as best of their ability in some of these projects. As I mean we can agree with them or not in that regards, but they do try to look at a wide variety. They also do track the spending that occurs in each jurisdiction and some years we are up, some years we are down and they -- but they -- Meridian City Council Work Session August 15,2023 Page 14 of 25 they track it over decades from that standpoint to try to showcase the amount of revenue that's going in from a jurisdiction is also being spent in that jurisdiction and depending upon the -- well, we don't know to the point is if we look at the entire project something else gets moved up by another city, which also wasn't funded and that had impacts, you know, through that standpoint. So, not defending them, just also sharing that, you know, sometimes we get what we really want and sometimes we don't and think the other factor is that they have is the increased cost. They just don't have as much or maybe as many projects as they would have liked to more than likely, so -- Carson: Mr. Mayor, I can add one more. Simison: Yes, please. Carson: Or two more notes. So, one thing is the increased cost. They also have changed the way they do residential maintenance. So, that if you have noticed residential maintenance now isn't just the road. They are actually going in and installing ADA curbs and sidewalks everywhere they do residential maintenance, which has increased the cost of residential maintenance projects. It also increases the accessibility of our city. So, that's a win, but it does slow other projects down and, then, the right of way process is also just -- has been very lengthy, because one of the things ACHD does is if they need to take a property, they don't just give somebody a check, they actually help relocate them. So, that process has been lengthy for projects as well, which may have a slight increase on why things have been delayed. Simison: Council, anything else or, if not, we will move forward with the letter and use your electronic signatures on that letter. Okay. Thanks, Miranda. 11. Proposed Updates to Meridian City Code section 13-2-6(C), Regarding Alcohol in City Parks, and Meridian City Code Section 13- 2-6(S), Regarding Parking in City Parks Simison: Next item up is Item 11, proposed updates to Meridian City Code Section 13- 2-6C regarding alcohol in city parks and Meridian City Code Section 13-2-6S regarding parking in city parks. Lacy. I see Emily sitting in the back. The -- the director of fun is staying seated. Maybe you will get that new title. Ooi: It's not -- it's not very often I get to speak for the Parks Department, so I decided to try something new and Emily will rescue me if I need it. So, good afternoon, Mayor and Council Members. This section actually was placed under review -- for an attempt to minimize parking concerns for the Cedar Springs neighborhood behind Settlers Park based on some of the citizen complaints that have been referred at that time dealing with parking issues during events held at Settlers Park. Usually on weekends and evenings when the police department staffing is lighter for response to lower priority calls such as parking complaints. So, while reviewing the statements and photos that the citizens had given to Councilman Cavener, it began this process and my observations regarding why people were potentially parking in the no parking areas due Meridian City Council Work Session August 15,2023 Page 15 of 25 to the proximity of the fields, the nice shady area for tailgating barbecues and that they would put up their canopies and barbecue pits in the no parking zone and bring their own choice of beverage in that easement. So, reviewing the parks codes, trying to make them better enforceable, instead of continuously treating the symptoms of the parking issues, but potentially looking towards some enforcement issues of the parks codes, what I found was several sections -- six really that regarded alcohol in the parks and after almost 14 years of reviewing code I wasn't able to determine which code I would use for enforcement of alcohol in the parks and so this code section code amendments change six options into four and just issued them titles for the way that they would be used. So, an officer that's not familiar with the whole section of the code would easily be able to find which violation to enforce and making them a little more streamlined. So, it's nothing new. It doesn't change any of the regulations within the parks regarding the alcohol, it just makes them easier to find. And, then, the section for parking codes that were within the parks currently written would have to be issued through a uniform citation to a person, instead of the vehicle and it would go through our court process for a hundred -- hundred dollar fines. We have moved those codes and they will come up in the next session that we discussed into the parking regulations under the Title 7 that would just make the car itself citable and at a 50 dollar fine, instead of a hundred dollar fine and it alleviates the court process unless they want to argue the citation in court in front of a judge. Any questions? Simison: Council, any questions? Cavener: Mr. Mayor? I have got the green light? Simison: Okay. Councilman Cavener. Cavener: Appreciate you bringing this and it's always interesting, right, where the path that an inquiry or complaint from our citizen takes us and I appreciate you kind of bringing this back. I'm really supportive of trying to clean up code and make it easier for you and your colleagues and PD to enforce the law. The piece that I have -- I have often struggled with is somebody reserves the shelter, you can drink. I'm sitting at a shelter I didn't reserve and I drink that's a citable offense, and so, again, I'm not the smart -- brightest bulb in -- in -- on the shelf or whatever, however they say it, but it feels like that if you pay to have a permit you can drink in our parks, but if you don't you can't. And I struggle with that. And so -- and you may not be the right person as -- just understanding the philosophy around that and I feel like that we have got good laws for -- if -- if someone is, you know, causing a disturbance or if they are a minor that's drinking or, obviously, operating a motor vehicle, those are all things that we have got code already to address and so I just -- I have never understood why we delineate one versus the other. Ooi: I always love coming in front of you guys and having codes that are already currently written there that I -- I don't know the back history as to why they were. I do know that Parks was in agreement that in general we didn't want alcohol to be served and be allowed in the parks at all times. So, these codes are already on -- on the Meridian City Council Work Session August 15,2023 Page 16 of 25 record or are already enforceable and so it's not -- you know, that's -- that isn't the part of what I even addressed is whether or not we really wanted to allow it, but those are the current codes and just amending them to make them easier to enforce and more legible to read and understand. So, I'm -- I'm definitely not the right person. I'm not sure if the right person is potentially in this room. Simison: I told you this was going to come up. Kane: Yes. Of course. Mayor, Council Members, Councilman Cavener, I -- I am not exactly the right person either, but Lacy's right that it's -- this is a little bit beyond the scope of this exercise, but it's -- it's the alternative to -- well, it's one option for regulating alcohol in parks. Excuse me. It could either be banned completely or allowed completely. But this is the middle ground of it's sometimes allowed and it's regulated. So, that's -- if -- if Council wants to go another way philosophically, then, we can -- we can do that. That's a really more of a policy question, but that's how we have -- that's how the Parks Department has responded to that in the -- in the past and I think it is a law enforcement issue as well. It allows -- it allows that some of the effects of drinking, so behavioral and also litter, to be regulated and we know it's coming. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just a little history. This discussion has been going on for over 20 years and one of the original discussions on why we do it the way we do it is because if I require you to get a permit to have alcohol in a shelter you are going to watch the people and take care of your group and if it's completely unregulated we don't see that same action. If we just allow anybody to bring alcohol into the parks at any time there is no oversight whatsoever and there is no control whatsoever. But when we had people in groups every time -- and I have got permits myself for different events we did -- I felt a personal responsibility to make sure that the people in my group were towing the line. So, it really originally was to try to regulate who brings alcohol into our parks and the behaviors they bring with them into our park system with everybody else who may not be drinking at that same time. That would certainly open that up to Lieutenant Brown for a current version of when and where and why, but it was all about regulation. It was all about attitudes and behaviors and trying to keep our parks -- while we could allow alcohol in them at certain points and times, to still make sure they were safe for everybody else in our community to use at the same time. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. That -- that answers my question, because I was wondering if there was a liability component to this, whereby taking out a permit they become liable if someone does something stupid, as opposed to the city where it's just wide open and Meridian City Council Work Session August 15,2023 Page 17 of 25 something happens, but I don't know what the requirements are for that permit for -- there is that requirement that they are liable for any action that happens, so -- Kane: Mayor and Council, Council Member Hoaglun, there is -- that's a minor aspect of it. More notice to the city is -- is the -- is the risk management aspect of it. There -- don't believe that free parks alcohol permit that there is not an insurance requirement. It's different if -- if there is an alcohol catering permit and it's being served by a professional. But, otherwise, the liability aspect is really on the -- the holder of the permit or the person doing the -- Simison: All right. So, root beer floats require -- sorry. I just -- Nary: Mr. Mayor? Simison: Yeah. Yeah. Mr. Nary. Nary: Mr. Mayor, having worked with the city to the east -- so, they -- at the time -- don't know if it's changed since I have left there, but they do -- they do allow alcohol in the parks without a permit, but what they found and what we found over the years often was hard to regulate the amount. So, we had -- you know, at the time I worked there required if you wanted a keg you had to have a permit, but if you didn't have a keg you didn't need a permit. So, we found lots of groups with large cases and cases of beer for a large group and Councilman Overtone is right, I mean it -- it led to a lot of behavioral issues that made it problematic, because you couldn't regulate the amount and so that was part of the reason why -- Simpson: And just to touch on that, I know that they moved away from that, because when I played in a softball league that occurred in that you could do it -- you could have alcohol only at the softball field. You could not take it anywhere outside the softball field. So, they have modified what was at one point in time, but I can't say what they do now. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think for Council's benefit I'm not looking to -- to shotgun beers at my son's soccer game. That's not the reason why I'm asking this. Is that I -- I think it can be confusing. Our -- our citizens come to Concerts At Broadway and they bring a bottle of wine and they have a glass of wine with the concert and they believe, oh, we are in a city park, we are able to do that. They attend an event. The wing off and there is -- there is beer and chicken wings and stuff like that. People I think sometimes think that it is allowed when it's not and -- and, then, what happens is is that Ooi or code enforcement they get to be the -- the bearer of bad news and that creates a conflict point and I'm always just trying to find ways to eliminate the ambiguity of our law, so that it's okay on a Saturday night in City Hall Plaza, but not okay at a Saturday night having Meridian City Council Work Session August 15,2023 Page 18 of 25 dinner at the -- at Kleiner Park with my family, that -- that just creates confusion and I just think that if -- I appreciate Council Member Overton we have been talking about this for 20 years, I'm sure they will be talking about it 20 years from now and, again, not saying that we need to hold this up by any means, but perhaps maybe later on this year a future conversation about -- I actually think what Boise did, which is regulating the -- the amount and/or the proximity of a playground, much like we kind of do with smoking in our parks, that maybe that's more of a happy medium so our citizens can have greater confidence that they think they are following the law and we don't unintentionally turn them into law breakers. That's all. Simison: Well, if I could add this was a conversation that we had when we sat down, because some part of the thing was that you can get an alcohol permit for an event where you can drink out at it, but it -- it's putting the onus on the public to go search for a permit to know whether or not they are allowed to consume alcohol or not and every event can be different in that regards, depending upon where they -- where the permit holder determines and we sign off as a city alcohol will be allowed or permitted and to your point the -- the -- I wasn't partaking, but I -- you know, the concerts in Kleiner and I look around and almost every person in that part -- in that park is consuming alcohol. They just are. And, you know, we had ten officers over there, bike patrol and whatnot, they weren't coming in. No one was getting rowdy. But I can tell you the people there felt that they were entitled, that there was no prohibition to be consuming alcohol in the way that they were doing that. They weren't even hiding it. So, it's not like -- yeah. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just wanted to say thanks a lot for following up on these items and particularly trying to get at the root cause of code enforcement issues around Settlers Park. It's been an issue for -- for over a decade that I was brought into recently, but appreciate you trying to dig into how to ultimately solve it. I think it makes tons of sense to have the citations go to the vehicle. That piece feels like a no brainer. So, thanks for that. And, then, you know, the simplification of the code around alcohol I think it makes sense and maybe we just table the -- the discussion on the wider philosophy of alcohol in parks. Certainly something we could look at. I would tend to error on the side of less alcohol in parks than more alcohol in parks personally, just because I -- I could see how it could really cause a lot of disruption to people if you went overboard. Thank you. Simison: Council, any additional questions on this item? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just to get back to what we were talking about, I think it's an excellent job on the rewrite. That makes it real simple. There is only four ways it goes. I think that's Meridian City Council Work Session August 15,2023 Page 19 of 25 going to make it really easy on people for enforcement or people in the public to understand what you can and can't do. Well done. 12. Proposed Updates to Title 7, Meridian City Code, Regarding Traffic and Parking Simison: All right. Well, thank you very much. I don't know who is doing the next one, because I had Emily doing them both, but we will go to Item 12, which is proposed updates to Title 7 Meridian City Code regarding traffic and parking. Kane: Mayor, Members of Council, Emily Kane, Deputy City Attorney. So, in October I was before you promising to be back every quarter with a city code update and this is my inaugural one, so I'm going to fast track our -- that little project a little bit and we are starting with Title 7, since Lacy and I were already kind of working on some parking issues anyway. So, the changes to -- so, Title 7 is our traffic code and the changes that I'm proposing are almost all to eliminate some duplicative sections that are covered by Idaho Code or other rules that are already on the books. In some cases we found some conflicts that we -- we do need to remove conflicting code sections and a lot of this is renumbering. So, I will just maybe start at the top and go relatively quickly. Again, renumbering. We talked about fines. Well, I will talk about fines a little more when we get to Title 1, but the -- the fines are covered by either the parking code or Idaho Infraction Rule 9, which sets forth the -- the general provisions for how much a fine is for an infraction. Emergency vehicles when -- when people are near emergency vehicles or near a fire, this provision has been on the books for 30 years and it's never been used. It's covered by another provision in Title 5 for the -- the fire department handles, so I would recommend that we delete that. Oh, I skipped repairing vehicles in city streets. That's a very old provision that we -- the police department is unaware of ever using that to deal with a vehicle being repaired in streets, so that must not be something that we are running into very often. To the degree that people are repairing vehicles in the streets it's probably covered by the parking code, so this provision is not something that we need. Section 7.1.5 relates to activities on school property and city property and we really have no -- there is no traffic question as to what we are regulating on -- on school property. That's really within the school's purview. So, I would recommend that we delete that. We just don't have the authority to handle that. And it's not really a traffic code issue anyway. We are renumbering. Section 7.1 .7 currently prohibits driving through a funeral procession and that is already addressed by state code. That is not needed. U-turns are unique to city code and allowed for us to regulate. We would recommend we leave that on the books, but renumber. We are renumbering. The -- there is one tweak that I would recommend to the e-scooter section. It says may when it should say shall. Otherwise, I wouldn't recommend any changes to that and that is unique to Meridian. Section 7.1.10 relates to center turn lanes and it conflicts that -- that's the conflict with state law, so I would recommend that we delete it and -- and use the state law provision on that. And negligent driving. The police don't use this very often, if at all, but it is -- this provision is used typically for bond forfeitures. That requires the amendment of a traffic violation to a misdemeanor city code and, then, people can pay -- pay a -- a bond. It's like a get out of jail free card that is a creature of Meridian City Council Work Session August 15,2023 Page 20 of 25 -- of state code. So, I would recommend that we keep that on the books, but we don't really need to address traffic collisions. To the degree that we need that it's covered by state code. Numbering. And that brings us through Chapter 1 of Title 7. Chapter 2 is the parking code and I'm going to let Lacy come back, but are there any questions about the traffic code? Okay. Thank you. Simison: Thank you, Emily. Ooi: Someday I will move on to electronic. Until then I have to shuffle. Mayor and Council Members, we are going to talk about the prohibited parking of Title 7, Chapter 2. And a lot of these rewrites are also done by Emily for just the -- the small reasons. So, you will see some portions that are just added in into multiple codes and I will just cover them once. So, the first rewrite is stop standard parking vehicle or a portion thereof and it just gives us a better ability to use discretion on what we believe is blocking or causing the problem, instead of saying all of the car needs to be in violation or what portion. It gives us the discretion to cite when we feel the need to. The second rewrite is just for calling the lane traffic lane instead of a roadway, whereas all of the public right of way is a roadway. So, it's just referring to traffic. Section 2 covers vertical space. So, for vehicles that are sometimes pulled into a driveway, the back end may still cover a public sidewalk, but the tires are on the driveway and the current code just refers to vehicles parked on a sidewalk, so this just gives us the ability to protect vertical space over public right of ways for sidewalks and roadways. Number five is just to designate a bicycle lane instead of calling us if something different. It's just more in line with the state definition of the traffic lane that bicycles are in. The next section is for the same reason. Track or rail for the railroads is just to add to what they are really referred to. And, then, I get a renumbering also. So, Section 10 is requesting the elimination of an expired time requirement for when someone needs to move their car, for how long until they move it back. So, this gets used a lot for neighborhood disputes for callbacks for us as people will say, well, it moved, but now it's back and like if you are in front -- in front of your house you should just be able to park in front of your house and we just want to know that the vehicles move and so this expiration just gets rid of one ability for us to be utilized for like neighborhood spats essentially, because -- and the other option would be for them to move 500 feet and park in front of your house instead of my house. The next section is just a flaw in very few roads. There are roads that you turn on to that are turned on to a traffic lane and there is not a lane wide enough for parking, but it's not a section long enough for a no parking sign to be posted. So, this happens to us over at Overland and Millennial is that people will turn and park at those restaurants on the roadway, but it's not suitable, it's towable, because they are technically parked in a -- in a lane of travel, but we don't currently have a site that we can use for those vehicles. So, it just gives us more ability to be able to educate someone with a ticket, instead of towing their car. Okay. And C-1 is just a redundant code. We use a different section for traffic control devices, whereas the other one says posted -- posted signs. This was just an add-on. It wasn't a complete sentence. So, parking a vehicle in such manner is what we are fighting for and just looking to improve the writing of it. Again, another rewrite. And, then, this is page seven. So, adding, again, the portion. Potential concern here is a change that I'm requesting for utility Meridian City Council Work Session August 15,2023 Page 21 of 25 trailers. So, currently a vehicle can be parked on a roadway for 72 hours before it's required to move. An unattached trailer has to be moved every two hours unless it meets an exemption for construction permits or actively loading or unloading. This would be asking for it to be consistent and adding trailers to the same time period as a vehicle already is, giving us a better ability to enforce. We currently can't enforce that two hours anyway. So, usually it becomes a next day issue and if our goal is to educate and gain compliance people that are at work usually can't do that anyway within two hours. This is the first time where you will see this and it comes down to a lot of this section. This is actually what caused us to do the rewrite on Title 7 was the fact that we realized that our exceptions that are written in at the bottom of this title or this chapter were written in a way that would have allowed exemptions to occur for all of the violations above it. So, for example, if you don't have current registration or a license plate you are technically exempt if you are unloading or loading your vehicle or any of the other exceptions. So, all of these sections were written to change the exceptions into each specific code that they were intended to exempt the vehicle from, instead of exempting all vehicles from all exceptions. One that was added is the pull trailers and semi trailers, whether or not attached to a vehicle, we would like them to all be treated the same, unless they meet one of the other exceptions. So, they would have to still currently move the 72 hours and if there -- and, then, it's moving those exceptions under each code. If this is getting confusing for you guys to read it's confusing for me to read also, so I apologize. Section B of page eight, we are asking for that to be removed and that's another time where that time limit is on there that says that a vehicle must move every -- for 24 hours if-- if it's cited for the 72 hour violation it's supposed to move out of that area of 500 feet for 24 hours before it returns. It's just asking for that to be removed. If a vehicle doesn't move we currently just issue a warning for 48 hours as abandoned and start the process of removal of those vehicles and so this, again, is usually utilized in neighbors that constantly will call in their neighbors the second that a vehicle is outstanding. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Quick question. Can you just refresh my memory with the -- is it 72 hours for RVs? Is that where we landed outside of an HOA regulation? Ooi: Yes. That's correct. So, RVs are currently one of the -- they meet one of the exceptions that allows them to be there for 72 hours just as a vehicle. Strader: Right. Ooi: So, they don't meet the restriction of the 12,000 gross vehicle weight. They are excluded from that. Strader: Got it. Yeah. So, I think this makes a lot of sense, because it's very simple. Everything has a 72 hour rule. So, I applaud you for trying to just simplify. Meridian City Council Work Session August 15,2023 Page 22 of 25 Ooi: And -- and that is part of the goal and now that the Mayor left the room I'm going to awkwardly bring him up. He has tasked us with trying to find a way within the next year to see if we can revamp our codes to actually do away with the 72 hours, but still address our concerns for vehicles that are inoperative or dismantled left on the roadway and so we are potentially reviewing that, whether or not we can kind of address them as junk vehicles that are defined in the nuisance code and to see if we can enforce them, but we don't want to leave the 72 hours and remove it before we come up with a practical way to enforce ones that are left standing. So, we were looking for that consistency to make it more gradual of a change for the community. Do you have any further -- okay. Okay. So, the exceptions you will see here, that's -- two of those have been removed. So, then, they just need to be remembered, because they don't address all vehicles. There is just the couple that are left there that are -- that would be exemptions for all conditions of vehicles for emergency response. Another thing that we noticed is the section says that it's allowed if it's been issued as city permit -- a permit by City of Meridian, but because our roadways are owned by ACHD we needed to give them the authority to also issue permits that exempt the right vehicles. Page 9 is 726, so that's where we have added the parks codes that were moved from Title 13 over to the park section and so 726 is currently there for public parking and so it's just adding city parks on to that section. And, then, it would make those -- the fine for Section 6- 726, is 50 dollars and so that's where the penalty would come back from that hundred dollars and changing it to 50 dollars and, then, the new section that it's being moved to. And, then, it added Section B, which deals with the parks pathways, as well as the parking lot, because these -- Section 726-A was regarding the parking lots, but because some of our problems come with the vehicles parking on pathways this gives us the ability to also cite in those locations by adding that section. 725 is written in because human resources recently started issuing the employee parking tags as vinyl stickers instead of the hang tags. So, we needed to address placement of those, so that we can defend those tickets if we end up in court. So, before it just said clearly visible or visibly -- clearly displayed, but when our officers look for that we can be looking on the rear side, the front side, under someone's console or floor mat. What their idea of visible is may not be ours and this makes enforcement easier and makes the follow through easier if we request where that placement is done on the vehicle. And I believe that's all and I will stand for questions. Simison: Thank you. Councilman, questions? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: To Lacy and Emily, all the years that we sat and did rewrites in the past, this is a good cleanup. I like what you have done. I like how you have -- we always have to do these cleanups because we have to address things that have changed and you have done a great job going through here addressing all the different things that have changed in our community. Some of the things even when we have done rewrites in the past we have still ended up with code sections that were virtually impossible to enforce Meridian City Council Work Session August 15,2023 Page 23 of 25 and each rewrite it seems like we do a better job of making it easier for both code enforcement or community service officers and our police officers when they get dispatched to actually take action or explain why they can't. So, I thought it was really well written job, both sets of codes and just want to say thank you to both of you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I echo that. I think this cleans it up, but I -- I do have a question particularly about the trailer parking for 72 hours and because Ms. Kane has done an excellent job of educating me about parking versus storage and so when I look at these trailers, particularly if they are not attached to a vehicle, I would look at that as storage on public streets and not parking on public streets. This is where I get excited, because you get to tell me, Council Member Cavener, that's where you are wrong and better educate me about how we are seeing the difference. There we go. Ooi: And I choose my own adventure things that you may ask me. I projected this could possibly happen. Cavener: At least I'm predictable. Ooix: You guys always ask me a question I don't prepare for, so I feel a little bit good that I had some inkling this might come up. So, things that we see in enforcement is, one -- number one -- and -- and I would almost be as willing to separate the two, although I think that separating them would cause more difficulties -- is boats. So, when people come and they are preparing their boats it's similar to the RV issue where they need to pull them out, prepare them and get them ready and, then, their requirements of cleaning them off for their back end storage is where we usually see this problem and it's not practical for them to do within two hours. So, what happens -- and very frequently with boats and utility trailers -- is that they are allowed on three -- for three days for the 72 hours if they attach them to a vehicle. So, instead of moving them off the street they just attach a truck, which, then, places two vehicles onto the roadway instead of removing one. So, the last time that I was in front of you guys we did change the parking standards to allow one trailer on the driveway and so we are continuously working and educating people that they are now allowed to have those, which helps for people that are contractors specifically that need access to their trailers all the time. So, they can now put one on their driveway and move them and so there is that education branch of trying to get the trailers moved into the driveways instead of the streets. But a lot of them still prefer to have access to their garage and not use their driveway. So, they are putting the truck back on there. Another thing that we see as frequently is like today and me having someone come in to complain about a ticket is that -- that they were issued is that the exception allows for trailers to be there as long as there is a permit issued; right? So, like a construction permit is valid for six months and if they are within the one hundred feet of the valid construction permit, then, they can stay there for the duration of construction. But if you have a project at your home that you are doing Meridian City Council Work Session August 15,2023 Page 24 of 25 that doesn't require a permit, then, they don't meet the requirements for the exception and so people that need to be able to get in and out, maybe if they are building a patio, which doesn't require a permit, then, they can't access their supplies and then -- and -- and people that hired them don't necessarily want their trailer in their driveway or if they are dealing with a concrete trailer, you know, that's pouring their concrete it has to be level. So, there is just certain issues that we see consistently. It's not necessary -- and -- and it is a concern that people would just start leaving their trailers. I -- and I do understand that as a possibility, but what we already see is people that will move them back across the street, move them back and forth or attach them to another vehicle. It tends to be that the 90 percent of people that just want to follow the rules do it and the other ten percent keep us employed. Cavener: And, Mr. Mayor, one -- Simison: Councilman Cavener. Cavener: Just wanting to make sure -- this change wouldn't allow someone, though, to set up again a pop-up trailer and camp out of it for two or three days. Ooi: So, the UDC still covers the traveling sleeping quarters and won't allow inhabitants. Cavener: I appreciate this is -- this nerdy stuff and you always come prepared. Ooi: Nerdy stuff is totally me. Yeah. Cavener: I know. And I -- you have helped over the years educate me tremendously. So, I appreciate you tonight and -- and you are continuing to work with Council and educate us on these things. Simison: Council, any additional questions? Okay. Well, we will see this come back at a latter point -- point in time. So, thank you very much. EXECUTIVE SESSION 13. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Simison: So, with that we are on Item 13. Hoaglun: Mr. Mayor? Are you going to do that after -- Simison: There was one element that you wanted to do that that was added on beforehand? Hoaglun: Okay. Mr. Mayor? Meridian City Council Work Session August 15,2023 Page 25 of 25 Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session under 74-206(d). Cavener: Second. Simison: Have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (5:48 p.m. to 6:04 p.m.) Simison: Council, do I have a motion? Hoaglun: Mr. Mayor, I move we come out of Executive Session. Cavener: Second. Simison: Have a motion and second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor, I move that we adjourn the work session. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6.04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 9/5/2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Costa Vida Core and Shell Water Main Easement (ESMT-2023-0104) ADA COUNTY RECORDER Trent Tripple 2023-046921 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/16/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE Costa Vida Core and Shell ESMT-2023-0104 I at 6, Block 1 TM Center No. 1 Fater Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 15th day of August 20 23 between Ten Mile Innovation 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 B) 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, its 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 shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. 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 klain Easement Page I Version 04/17/2023 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF 1DAHO ) ) ss County of yol T� This record was acknowledged before me on (date) by W Sf (name of individual), [complete the following if signing in a representative capacity, or stn-i e the following if signing in an individual capacity] on behalf of'I w tAi le— z gnow4 h1 L1 L LC, (name of entity on behalf of whom record was executed), in the following representative capacity:R (type of authority such as officer or trustee) (stamp) Notary Signature � %�/�z' TERAALLEN My Commission Expires: COMMISSION#20214388 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 09/20/2027 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-15-2023 Attest by Chris Johnson, City Clerk 8-15-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-15-2023 (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 Page 3 Version 04/17/2023 km E N G I N E E R I N G June 26,2023 Project No.22-003 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 6, Block 1 of TM Center Subdivision No.1,situated in a portion 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 1/2-inch rebar marking the Northeast corner of said Lot 6,which bears S89.26'27"E a distance of 167.00 feet from a found 1/2-inch rebar marking an angle point on the northerly boundary of said Lot 6; Thence following said northerly boundary,N89"26'27"W a distance of 25.00 feet to the westerly line of an existing Sewer and Water Main Easement per Instrument No.2022-072452; Thence leaving said northerly boundary and following said westerly easement line the following two(2) courses: 1. S00.33'33"W a distance of 15.62 feet; 2. N89.26'27"W a distance of 18.50 feet to the POINT OF BEGINNING. Thence following said westerly easement line,S00'33'33"W a distance of 20.00 feet; Thence leaving said westerly easement line,N89'26'27"W a distance of 117.00 feet; Thence 500'19'11"W a distance of 15.33 feet; Thence N89'26'20"W a distance of 20.00 feet; Thence N00.35'12"E a distance of 18.95 feet; Thence S45'38'53"W a distance of 29.23 feet; Thence N44'21'07"W a distance of 20.00 feet; Thence N45.38'53"E a distance of 28.96 feet to said northerly boundary; Thence following said northerly boundary,S89.26'27"E a distance of 27.74 feet to a found 1/2-inch rebar marking an angle point on said northerly boundary; Thence leaving said northerly boundary, N68'03'33"E a distance of 6.27 feet; Thence S89`26'27"E a distance of 117.70 feet to the POINT OF BEGINNING. Said parcel contains 3,687 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 or 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. �\�NOL DEL SNo SG� qrF OF SOP NYNC 5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939• kmengllp.com V2��2�23 P:\22 003\CAD\SURVMFXN161TS\22 00R WATER MAIN EASEMENT 210626.DWG,ALEX GREEN,8/2612023,DWG TO PDP.PC3,06.SX I I l IPDEI Z I 4L z � AI N V: pR 00 N m 0 0 jo o / ♦/ cn C a OD y� ti 09yo OD N \ N N W (r rq N V: �(N WO0 LA I N Z O CO O IO QNi N I 0) Z Ln O w o w �� c+ I (A I i °- r-r r m i -O : o 0 O c+ LA C W Zq m Q- O rn l rn l < NI NI O_ p M I I N z C7 I 0 I CD O (1 (n J J In N fZD p O I OI 'pD� N— Z n � O o Dm co I NO Nrn V� lD N m'n O I MD I Z M E+mT O EI�Z z c" I D OU) Z N M J r (I o rn I'+z o c� v+z m -uQ7, Ni o in O I �f O _.. — — - - - - - - J N(/1 .� _z— ._ — _ 00 — 0 _ — 00 U N M LI! 7 .cn z o z w cno Q S. Innovation Lane (Private) — N w _ — — E w m v o v = O m Z M Exhibit B �oz0 � i .. 3mm= City of Meridian Water Easement o O vmX� T1 3 T A portion of Lot 6,Block 1 of TM Center Subdivision No.1,In the NW 1/4 of Section 14, s Z a o Township 3 North,Range 1 West,B.M.,City of Meridian,Ada County,ID. � � N W W 27.74 117.70 s89°2627"e s89°2627"e n89°2627'w 0�Fb ` a 117.00 lflDU Title: Date: 06-26-2023 Scale: 1 inch=30 feet File: Deed Plotter (]).des Tract 1: 0.085 Acres: 3687 Sq Feet:Closure=n41.3542e 0.01 Feet: Precision=1l50204: Perimeter=421 Feet 001=s00.3333w 20.00 005=n00.3512e 18.95 009=s89.2627e 27.74 002=n89.2627w 117.00 006=s45.3853w 29.23 010=n68.0333e 6.27 003=s00.1911 w 15.33 007=n44.2107w 20.00 011=s89.2627e 117.70 004=n89.2620w 20.00 008=n45.3853e 28.96 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Driftwood Subdivision Sanitary Sewer and Water Main Easement (ESMT- 2023-0108) ADA COUNTY RECORDER Trent Tripple 2023-046924 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 08/16/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE Project Na a Subivisian): Driftwood Subdivision Sanita 'Sewer&Water aia ement Number: Identify this Basement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information), ESMT-2023-0108 SANITARY SEWER AND- WATER MAIN EASEMENT THIS Easement Agreement, made this lsth day of August 20 23 between Atturas Ustick LC and Bri tan Ustick 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; d WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed y 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 EXMBITS A and 13) The easement hereby granted is for the purpose of construction 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, its 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 Pagel Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. 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 Page 2 Version 04/17/2023 GRANTORS: ALTURAS USTICK, LLC an Idaho limited liability company Travis ney, Manager STATE OF IDAHO 7 :ss County of Ada y On this the /I day of July, in the year 2023,before me a Notary Public of said State, personally appeared Travis Barney, known or identified to me to be the Manager of Alturas Ustick, LLC,the limited liability company that executed the instrument or the person who executed the instrument on behalf of said corporation,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 this certificate first written above. - - 8 A RACHAEL A.MARTIN Notary Public for I aho COMMISSION#t 58252 ry NOTARY PUBLIC My Commissio;i Expire S.- no/oil STATE OF IDAHO MY COMMISSION EXPIRES 08XVT029 GRANTORS: BRIGHTON USTICK, LLC an Idaho limited lia ility company By: r -- Robert L. P � s, Manager STATE OF IDAHO ) :SS County of Ada On this the31 day of July, in the year 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the Manager of Brighton Ustick, LLC,the limited liability company that executed the instrument or the person who executed the instrument on behalf of said corporation,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 this certificate first written above. SHARI=Juni, Notary Public for Idaho Notary Publi Commission My Commission Expires:_Ii+ My Commission GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-15-2023 Attest by Chris Johnson, City Clerk 8-15-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-15-2023 (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 Page 3 Version 04/17/2023 I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 EXHIBIT A Driftwood Subdivision Parcel A City of Meridian Utility Easement Project Number 22-221 July 24, 2023 An easement situated in Parcel A of Record of Survey 13511 (Instrument Number 2022-061847, records of Ada County, Idaho), in the southeast quarter of the southwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 36,Township 4 North, Range 1 West, Boise Meridian; Thence S88°42'42"E, 2078.70 feet along the south line of Section 36; Thence N01°17'18"E, 232.66 feet to the southwest corner of the existing Sanitary Sewer and Water Main Easement (Instrument Number 2023-016450, records of Ada County, Idaho); Thence N00°24'04"E, 94.70 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence S89°32'56"E, 2.01 feet along the boundary of the existing Sanitary Sewer and Water Main Easement to the POINT OF BEGINNING: Thence N00°27'03"E, 211.71 feet; Thence N89°32'56"W, 69.64 feet; Thence N00°27'04"E,38.00 feet; Thence S89°32'56"E, 173.96 feet; Thence N01°39'43"E, 85.38 feet to the boundary of Woodburn Subdivision (Book 96 of Plats at Pages 11809 through 11811, records of Ada County, Idaho); Thence S88°47'16"E, 48.00 feet along the boundary of Woodburn Subdivision; Thence S01039'43"W, 87.50 feet; Thence S88°47'16"E, 383.65 feet; Thence S00°40'34"W, 60.50 feet; Thence N88°45'04"W, 53.17 feet; L Thence N71°01'23"W, 63.80 feet across the easement to the ,S interior; o �' Thence N88°47'16"W, 278.07 feet; 4 C> Page 1 of 2 �i 9. OF cyq£L S . �� IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 City of Meridian Utility Easement Parcel A continued... Thence N89°12'05"W, 107.94 feet; Thence S00°27'03"W, 76.58 feet; Thence S89°32'42"E, 385.98 feet; Thence N00°27'21"E, 72.26 feet; Thence S71°01'23"E, 63.80 feet back across the easement to the exterior; Thence S00°27'21"W, 87.35 feet; Thence N89032'39"W, 17.50 feet; Thence S00027'21"W, 93.27 feet to the boundary of the aforesaid existing Sanitary Sewer and Water Main Easement; Thence N89032'54"W, 20.00 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence N00°27'21"E, 29.82 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence N89032'39"W, 18.00 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence N00°27'21"E, 57.80 feet; Thence N89°32'42"W, 383.47 feet; Thence S45027'11"W, 10.61 feet; Thence S00°27'03"W, 82.81 feet; Thence S26002'39"W, 18.51 feet to the boundary of the aforesaid existing Sanitary Sewer and Water Main; Thence N00024'04"E, 17.88 feet along the boundary of the existing Sanitary Sewer and Water Main Easement; Thence N89°32'56"W, 27.99 feet along the boundary of the existing Sanitary Sewer and Water Main Easement to the POINT OF BEGINNING. The above-described easement contains 1.45 acres, more or less. 1 34 s Page 2 of 2 cygEC S �y� PRD tr0 0r0 v T (rli 4, Crl N m cn yS Z Z W 0 Z Z Z Z z ha vn w �� ya y CO 0 4 OD 0 M 00 r ha u, Linder Rd. m n�"� w N 0 N w N w w d 0° CD 0 - --- �' 0 N N j N V N N O CD r Ui N cn CO) rn cwn i cwD= cwe= w M3 o mCD 0o v w CD ao bn C*IL co 0 N 6 6 0 U3 00 f I =r Woodburn West Subdivision No. 2 I No N00'27'04"E +4 z0 38.00' V _ 0 q w y mo Oo 38' v p1 j C N Ql H `3 ~` Cil 211.71' rn .. 1 N00'24'04"E_ N00'27'03"E OD c I —94.70' F 0 '0 Ln On CD � D I I N �'� S00'27'03"W S00'27'03"W rn Q C = I rn 82.81' 76.58' Z 43' O °; +*i Go0 m -0 M O I \ \ N OV r 0 \ \ N01'39'43"E \ \ g 85.38'\� Q m H - a r \ \ 87.50' \ \ SOi'39'43'W 3 oo� cn o cn 71 z 00 +� � I I ca o y N l w N 41' oN_l� o ''` I I t5 N N = m P. ''' co N �°cn I . � 00 9 CA g n US !v ° a Z'' v b y cn a rt I I o0 0, c (ACD I I J 2 0 CD CDN 00 CD— � m i� I 41' o0 0° 0. �m o � p Z a O ;w rj 0� I I z rn 0 C a o i N� . 0 7 W 0 (Aw< I I p N CD Cr CL Q f 0)m I oo (Afid7 cn0 I Om 72.26 0 I I N00'27'21"E c o rq W A m c (AW 7I� " L4 uri " w 9327' L ' 7 i N I SOO'27'21"W \ • - 87_35 ° I I SOO'27'21"W 60.5' L r \ m �,60.50' co O '^ L I I + S00'40'34"W cn N1O N NO + . I O' (n N o �," ^'z rn N. Venable Ave. 0 o z (o c = u^ 0 m —__ - - - - -- �— - -- --- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Foxcroft Subdivision No. 1 Water Main Easement (ESMT-2023-0106) Proiect Name(Subdivision); Foxeroft Subdivision no 1 ADA COUNTY RECORDER Trent Tripple 2023-046925 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 08/16/2023 08:15 AM Water Main Easement Number: #1 CITY OF MERIDIAN, IDAHO NO FEE Identify this FAsemont by sequential number if Project contains mom than one Water Main easement. {See Instructions for additional information). ESMT-2023-0106 WATER MAIN EASEMENT THIS Easement Agreement, made this 15th day of August 20 23 betweenchallener i�eveloprrrent 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 B) 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, its 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 shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. 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 Page 1 Version 04/17/2023 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me onjulq'61,)Z�?date) by Corey D Barton (name of individual), [complete the following if is if in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Challenger Development Inc (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: ADA1R KOI.TES Notary Public-State of Idaho Commission Number 30052 My Commission Expire,06 05 2028 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-15-2023 Attest by Chris Johnson, City Clerk 8-15-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-15-2023 (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 Page 3 Version 04/17/2023 Exhibit A Water Line Easement Foxcroft Subdivision No. 1 July 27, 2023 A portion of the Northeast 1/4 of the Southeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Easement "A" Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89°36'02" West, 2655.68 feet; thence South 79006"1 1" West, 977.63 feet to the westerly boundary line of Mile High Pines Subdivision as filed in Book 123 of Plats at Pages 19602 through 19606, records of Ada County, Idaho and the POINT OF BEGINNING; thence on said westerly boundary line, South 06007'28"West, 22.20 feet; thence leaving said westerly boundary, North 58009'58" West, 39.56 feet; thence 21.06 feet on the arc of a curve to the left having a radius of 83.50 feet, a central angle of 14°27'03" and a long chord which bears North 49037'24" East, 21.00 feet; thence South 58°09'58" East, 23.51 feet to the POINT OF BEGINNING. Containing 621 square feet, more or less. AND Easement "B" Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02"West, 2655.68 feet; thence South 50037'53"West, 999.29 feet to the POINT OF BEGINNING; thence 14.66 feet on the arc of a curve to the left having a radius of 55.00 feet, a central angle of 15016'30" and a long chord which bears North 50°30'37"West, 14.62 feet; thence North 47007'58" East, 1.94 feet to the southwesterly boundary line of Mile High Pines Subdivision as filed in Book 123 of Plats at Pages Npl LAH� 19602 through 19606, records of Ada County, Idaho �� ��ENsF SG 11779 N���ia�tvz3 ro o0p9TF OF y� MCCP�� Page 1 of 2 thence on said southwesterly boundary line, South 42052'02" East, 14.49 feet to the POINT OF BEGINNING. Containing 9 square feet, more or less. AND Easement "C" Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02" West, 2655.68 feet; thence South 50°37'53" West, 999.29 feet to the southwesterly boundary line of Mile High Pines Subdivision as filed in Book 123 of Plats at Pages 19602 through 19606, records of Ada County, Idaho and the POINT OF BEGINNING; thence on said southwesterly boundary line, South 42052'02" East, 8.51 feet; thence leaving said westerly boundary, South 47007'58" West, 0.66 feet; thence 8.54 feet on the arc of a curve to the left having a radius of 55.00 feet, a central angle of 08°54'04" and a long chord which bears North 38'25'19"West, 8.54 feet to the POINT OF BEGINNING. Containing 2 square feet, more or less. End of Description. �Npp- LAND �\CE NSF 'S'G 11779 N� /z7/m23�° 04O' F OF y� MCCN Page 2 of 2 EXHIBIT B BASIS OF BEARING N89'36'02"W 2655.68.. """"••••....•, Pine Ave. 1/4 C 1/4 °S.10 o SJO S.11 -3 Point of `o Y1 y Beginning A -j Sl W. Sugar Pine Dr. ` ``1 W.TLittleton LrL— 4a°jN F Detail "A" ' : z Z MILE RICH �h 9i PINES :M A SUBDIVISION q o :Cli� e t/ `A CHESTERFIELD SUBDIVISION NO. 4 - 'Qe 0% Detail "B" �:�QoN 1 W. Newland Ct. �` i p0D -*1 S' Vo Point of Beginning ey B & C Q`F�S Qeo\ OREGON SHORT LINE RAILROAD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ONP� LA,VD s a �,CENS�c G 11779 A NJ&? 0 N Sccle: 1"=200' �0 0 Op \�PD's• y 0 50 100 200 400 'y McCAN� SEE SHEET 2 FOR DETAILS EXHIBIT B JOB NO. IDAHO WATER LINE EASEMENT 2,ET NO. SURVEY —159 BOSS W.EMERALD 6T SHEET N aoise.iw"oea]oa FOXCROFT SUBDIVISION NO. 1 1 OF 2 (20S)80685]0 GROUP, LLC A PORTION OF THE NE1/4 OF THE SE1/4 OF SECTION 10• T.3N.. RAW. DWO. DATE B.M.• CITY OF MERIDIAN, ADA COUNTY, IDAHO 7/27/2023 SS80 . \ 9 / G1 S8 F 23 \\\ S� Point of Beginning A o \ TSB. \\ \\ y09 N47'07'58"E \ \ 1n / 1 1.94' S � / 0 \ �s�o e°`%o• \\ Detail "A" Scale 1"=10' , \ sr Point of \ \ Beginning \ \ B & C \ \ S \ \ n F 1 \ d \ I Detail "B" \\ S47'07'58"W / 0.66' Scale 1"=5' \\ / Npl LAND CURVE TABLE 5 �NGENS� ` CURVE LENGTH RADIUS DELTA CHORD BRG. CHORD DIST. a 7/79 0 C1 21.06 83.50 14'27'03" N49'37'24"E 21.00 Nl �Z7Z0 C2 14.66 55.00 15'16'30" N50'30'37"W 14.62 �0F OF \aP�2 C3 8.54 55.00 8'54'04" N3825'19"W 8.54 YM McCpN`� EXHIBIT B JOB N0. IDAHO 9955 W EMERALD ST WATER LINE EASEMENT SHEET . $HEF NO. SURVEY 203)U&;a°"°' FOXCROFT SUBDIVISION NO. 1 2 OF 2 GROUP, L LC A PORTION OF THE NE7/4 OF THE SE7/4 OF SECTION 10, T.3N., R.1W., OWD. DATE B.M., aTY OF MERIDIAN, ADA COUNTY. IDAHO 7/27/2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lennon Pointe Subdivision Pedestrian Pathway Easement (ESMT-2023-0098) ADA COUNTY RECORDER Trent Tripple 2023-046926 BOISE IDAHO Pgs=12 VICTORIA BAILEY 08/16/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Lennon Pointe Subdivision ESMT-2023-0098 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 15th day of August. 20 23, between Lane Development LLC— hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or shrubs. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page 1 Version 04/17/2023 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Lane Development LLC i M ber STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on �" 1�' (date) by Oaason LQre (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 Lane Development LLD (name of entity on behalf of whom record was executed), in the following representative capacity: Member (type of authority such as officer or trustee) r (stamp) KRISTIN CAUDILL otary Signature No't:�ry Public-State of Idaho My Commission Expires: 061-V-ZUZ7 C,:�mmission Number 33817 My Commission Expires 06-30-2027 Pedestrian Pathway Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-15-2023 Attest by Chris Johnson, City Clerk 8-15-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-15-2023 (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 Pedestrian Pathway Easement Page 3 Version 04/17/2023 HMH EXHIBIT A engineering CREASON LATERAL PATHWAY EASEMENT Lennon Pointe Subdivision Creason Lateral Pathway Easement Legal Description A pathway easement situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Northwest corner of Section 1 as described in Corner Record Instrument No. 109109699, from which the West 1/4 corner as described in Corner Record Instrument No. 108044955 bears, South 00°01'03" East, 2699.19 feet; thence South 00°01'03" East, 683.16 feet to the southerly boundary of the North 1/2 of the West 1/2 of Government Lot 4; thence along said boundary, South 88°59'01" East, 73.98 feet to the easterly right-of-way for N. Linder Road monumented by a 5/8-inch bar with cap PLS11463; thence continuing along said boundary, South 88°59'01" East, 86.57 feet to the westerly boundary of the Pathway easement, the northerly boundary of an existing pathway easement recorded as Instrument No. 109004708 and the POINT OF BEGINNING; Then along said westerly boundary the following ten (10) courses and distances: Thence along the arc of a non-tangent curve to the right 17.28 feet, having a radius of 11.00 feet, a delta angle of 90°00'00" and subtended by a chord bearing North 46°00'59" East, 15.56 feet; Thence South 88°59'05" East, 32.91 feet; Thence North 01°00'55" East, 5.99 feet; Thence South 88°59'05" East, 6.54 feet; Thence along the arc of a non-tangent curve to the right 17.61 feet, having a radius of 20.00 feet, a central angle of 50°26'28" and subtended by a chord bearing North 08°02'57" East, 17.04 feet; Thence North 31°30'26" East, 8.26 feet; Thence along the arc of a non-tangent curve to the left 23.97 feet, having a radius of 130.50 feet, a central angle of 10°31'22" and subtended by a chord bearing North 10°27'49" West, 23.93 feet; Thence along the arc of a compound curve to the left 69.62 feet, having a radius of 123.00 feet, a delta angle of 32°25'55" and subtended by a chord bearing North 31°56'27" West, 68.70 feet; Thence along the arc of a reverse curve to the right 119.22 feet, having a radius of 292.00 feet, a delta 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer EXHIBIT A CREASON LATERAL PATHWAY EASEMENT angle of 23°23'36" and subtended by a chord bearing North 36°27'37" West, 118.39 feet; Thence along the arc of a reverse curve to the left 61.40 feet, having a radius of 49.25 feet, a delta angle of 71°25'32"and subtended by a chord bearing North 60°28'35" West, 57.50 feet to the easterly right of way for N. Linder Road; Thence along said right of way, North 00°01'23" West, 14.06 feet; Then along said westerly boundary the following three (3) courses and distances: Thence along the arc of a non-tangent curve to the right 12.43 feet, having a radius of 63.25 feet, a central angle of 11°15'44" and subtended by a chord bearing South 89°11'18" East, 12.41 feet; Thence North 01°17'03" East, 151.63 feet; Thence along the arc of a non-tangent curve to the left 99.89 feet, having a radius of 354.05 feet, a central angle of 16°09'53" and subtended by a chord bearing North 09°10'55" West, 99.55 feet to the easterly right of way for N. Linder Road; Thence along said right of way, North 00°01'03" West, 40.45 feet to the easterly boundary of the Pathway easement; Then along said easterly boundary the following eleven (11) courses and distances: Thence along the arc of a non-tangent curve to the right 173.14 feet, having a radius of 368.47 feet, a central angle of 26°55'22" and subtended by a chord bearing South 09°48'13" East, 171.55 feet; Thence South 01°16'43" West, 124.51 feet; Thence along the arc of a non-tangent curve to the right 50.58 feet, having a radius of 63.25 feet, a central angle of 45°49'02" and subtended by a chord bearing South 47°40'20" East, 49.24 feet; Thence along the arc of a reverse curve to the left 113.51 feet, having a radius of 278.00 feet, a delta angle of 23°23'36" and subtended by a chord bearing South 36°27'37" East, 112.72 feet; Thence along the arc of a reverse curve to the right 77.55 feet, having a radius of 137.00 feet, a delta angle of 32°25'55" and subtended by a chord bearing South 31°56'27" East, 76.52 feet; Thence along the arc of a compound curve to the right 25.06 feet, having a radius of 144.50 feet, a delta angle of 09°56'06" and subtended by a chord bearing South 10°45'27" East, 25.02 feet; Thence along the arc of a reverse curve to the left 1.36 feet, having a radius of 1.00 feet, a delta angle of 77°40'10" and subtended by a chord bearing South 44°37'29" East, 1.25 feet; Thence along the arc of a reverse curve to the right 69.46 feet, having a radius of 20.00 feet, a delta angle of 199°00'00" and subtended by a chord bearing South 16°02'25" West, 39.45 feet; 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer EXHIBIT A CREASON LATERAL PATHWAY EASEMENT Thence along the arc of a non-tangent curve to the left 1.23 feet, having a radius of 1.00 feet, a central angle of 70°34'05" and subtended by a chord bearing South 80°15'20" West, 1.16 feet; Thence South 45°00'00" West, 3.41 feet; Thence along the arc of a curve to the right 4.11 feet, having a radius of 11.00 feet, a central angle of 21°24'16" and subtended by a chord bearing South 55°42'08" West, 4.09 feet to the southerly boundary of the North 1/2 of the West 1/2 of Government Lot 4; Thence long said boundary, North 88°59'01" West, 54.31 feet to the POINT OF BEGINNING. Containing 9,752 square feet more or less The sidelines of said easement are two feet offset with the constructed sidewalk pathway which serves as a monument for this description. Prepared by: Ronald M. Hodge, PLS Survey Department Manager CD 8575 �6�•v�":L3o �p 4lF 0 F Nq 1 p M Apo RM H:tc 680 S. Progress Ave., Suite #2B • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer 35 36 Ustick Rd EXHIBIT B 2 1 CREASON LATERAL PATHWAY EASEMENT = E � omo a � c rn a� o E �— oof U U LEGEND o 3U0 Plat Line SCALE: 1 "= 60' ww Right-of-Way Line — — Section Line — — — — Kellogg Drain Easement Line Creason Lateral Easement Line Lot Line — — Record Plat Line Suvery Monuments Lot Number Pathway Area O � � O Z I Q� I 0 \ A o, \ w \ \ 00 M \ \ 3 \\ \ \ Q \ \ — — L 857 0 -p0 9TF OF 73_98' C) 88.57' S8 9'OVE CREAsoN CREEK HMH ENGINEERING su\ Na. 2 $ (208) 342-7957 1 Point of �< Beginning \91\ CR 108044955 Sheet 1 of 5 2 Lennon Pointe City Easement.dwg EXHIBIT B CREASON LATERAL PATHWAY EASEMENT CURVE TABLE C# RAD DELTA LEN CH. BRG CH. LEN C44 11.00' 090°00'00" 17.28' N46°00'59"E 15.56' C49 20.00' 050°26'28" 17.61' N08°02'57"E 17.04' LINE TABLE C51 130.50' 010*31'22" 23.97' N10°27'49"W 23.93' LINE DIRECTION LENGTH C52 123.00' 032°25'55" 69.62' N31°56'27"W 68.70' L39 S88°59'05"E 32.91' C53 292.00' 023°23'36" 119.22' N36°27'37"W 118.39' L40 N01°00'55"E 5.99' C54 49.25' 071°25'32" 61.40' N60°28'35"W 57.50' L41 S88°59'05"E 6.54' C55 63.25' 011'15'44" 12.43' S89°1118"E 12.41' L42 NOW 01'03"W 14.06' C56 354.05' 016°09'53" 99.89' N09°10'55"W 99.55' L43 N01° 17'03"E 151.63' C57 368.47' 026°55'22" 173.14' S09°48'1YE 171.55' L44 NOW 01'03"W 40.45' C58 63.25' 045°49'02" 50.58' S47°40'20"E 49.24' L45 S01° 16'43"W 124.51' C59 278.00' 023°23'36" 113.51' S36°27'37"E 112.72' L46 N88°59'01"W 54.31' C60 137.00' 032°25'55" 77.55' S31°56'27"E 76.52' L47 N31°30'26"E 8.26' C61 1.00' 077'40'10" 1.36' S44°37'29"E 1.25' L48 S45'00'00"W 3.41' C62 20.00' 199°00'00" 69.46' S16°02'25"W 39.45' C63 1.00' 070°34'05" 1.23' S80°15'20"W 1.16' C64 11.00' 021°24'16" 4.11' S55°42'08"W 4.09' C65 144.50' 009°56'06" 25.06' S10°45'27"E 25.02' O 0 T RF G 8575 �0;1� 9T OF �QPOO��V <p M N Sheet 5 of 5 F IMH ENGINEERING Lennon Pointe City Easement.dwg (208) 342-7957 :3 (D CD 00 / l J O 3 N 7 M (D `2 G M c 3 o C = n O �C r EL CQ A w � � 0w 2 m DN z L40 D r D m --I y z td Cog m D I � 4v I Q D cn p� PRO n m 2 m a ys p °O r o co cn m m yp OCF 2i0ti��� � ^ � I N I 0z i 4�, � I N Ln I � I V C62 I z � EXHIBIT B CREASON LATERAL PATHWAY EASEMENT �C 0 11 0 SCALE: 1"= 30' n Ul n rn PR PF � � I � I C � I z \ I 1 � I � I I I � Im J J Q�I O 85 5 0 � I �O�9TF I OF R <O M NO MATCH LINE Sheet 4 of 5 SHEET 3 IIAM ENGINEERING Lennon Pointe City Easement.dwg (208) 342-7957 EXHIBIT B CREASON LATERAL PATHWAY EASEMENT SHEET 4 MATCH LINE , C55 N \ J \ 0 15 10 cs8 \\ SCALE: 1"= 30' cs _0 I \ \ L \ J \ \ z I O \ \ \ \ s9 \ \ \ D \ 110, - - \ 0 �s '3> z � \ N \ Ul \ \ \s Efor \ MATCH LINE a co SHEET 2 z �0 9pF 0 F Sheet 3 of 5 �4,D M . IIMH ENGINEERING Lennon Pointe City Easement.dwg (208) 342-7957 EXHIBIT B CREASON LATERAL PATHWAY EASEMENT CURVE TABLE C# RAD DELTA LEN CH. BRG CH. LEN C44 11.00' 090°00'00" 17.28' N46°00'59"E 15.56' C49 20.00' 050°26'28" 17.61' N08°02'57"E 17.04' LINE TABLE C51 130.50' 010'31'22" 23.97' N10°27'49"W 23.93' LINE DIRECTION LENGTH C52 123.00' 032°25'55" 69.62' N31°56'27"W 68.70' L39 S88°59'05"E 32.91' C53 292.00' 023°23'36" 119.22' N36°27'37"W 118.39' L40 N01°00'55"E 5.99' C54 49.25' 071°25'32" 61.40' N60°28'35"W 57.50' L41 S88° 59'05"E 6.54' C55 63.25' 011'15'44" 12.43' S89°11'18"E 12.41' L42 NOW 01'03"W 14.06' C56 354.05' 016°09'53" 99.89' N09°10'55"W 99.55' L43 N01° 17'03"E 151.63' C57 368.47' 026°55'22" 173.14' S09°48'1YE 171,55' L44 NOW 01'03"W 40.45' C58 63.25' 045°49'02" 50.58' S47°40'20"E 49.24' L45 S01° 16'43"W 124.51' C59 278.00' 023°23'36" 113.51' S36°27'37"E 112.72' L46 N88°59'01"W 54.31' C60 137.00' 032°25'55" 77.55' S31°56'27"E 76.52' L47 N31°30'26"E 8.26' C61 1.00' 077*40'10" 1.36' S44°37'29"E 1.25' C62 20.00' 199°00'00" 69.46' S16°02'25"W 39.45' C63 1.00' 070°34'05" 1.23' S80°15'20"W 1.16' C64 11.00' 021°24'16" 4.11' S55°42'08"W 4.09' rC65 144.50' 009°56'06" 25.06' S10°45'27"E 25.02' O�PL �qN� srEgFosG�G 8575 cP O �0�� OF F <p M . Sheet 5 of 5 INM ENGINEERING Lennon Pointe City Easement.dwg (208) 342-7957 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Pollard Subdivision No. 1 Pedestrian Pathway Easement (ESMT-2023-0105) ADA COUNTY RECORDER Trent Tripple 2023-046927 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/16/2023 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name Subdivision Pollard Subdivision No.l EST-2023-0105 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 15th day of August 20 23 between SCS Investments LLC hereinafter ;referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,hereinafter referred to as"Grantee"; W ITNESSETH: WI IEREAS. Grantor is the owner of real property on portions ofwhicli the City of Meridian desires to establisli a public pathway: and WHEREAS, the Grantor desires to grant an easement to establisli a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS. Grantor shall construct the pathway improvements upon the easement -described herein: and NOW. T1IEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee ail easement oil the following property, described oil Exhibit "A" and depicted on Exhibit "$" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the;purpose of providing a public pedestrian pathway easement -for mtiltiplc-use non-motorized recreation,_witli the -teee right of access to such facilities at any and all tirncs. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever,, THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures. carports_ slieds. fences. trees. or shrubs. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and betwccn the parties hereto. that the Grantor shall repair and maintain the pathway irnprovemcnts. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby'granted become part ,of, or lie within theboundaries of any public street. , Pedestrian Pathway Easement Page I Version 04/17/2023 then. to such extent such casement hereby granted which lies within such boundary thereofor which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. TIIE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thcrcofagainst the lawful claims ofall persons whomsoever. IN WITNESS WHEREOF. the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: SCS INVESTMENTS LLC Jan Idaho limited liability company u '� �r ,e tcha 1 A.Hall,President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on7-3 I —:13cdate) 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) (stamp) i otary Signature =DONNAWILSON My Commission Expires:_ �� Pedestrian Pathway Easement Page 2 Version 04/17/2023 I C i I i j I a 1 1 GRANTEE; CITY OF MERIDIAN i Robert E. Simison, Mayor 8-15-2023 1 i Attest by Chris Johnson,City Clerk 8-15-2023 I 1 1 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 8-15-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. i (stamp) Notary Signature a My Commission Expires: 3-28-2028 i I Pedestrian Pathway Easement Pape 3 Version 04/17/2023 km E N G I N E E R I N G July 14,2023 Project No.:21-240 Pollard Subdivision City of Meridian Pathway Easement Legal Description Exhibit A A parcel of land for a pathway easement situated in a portion of the Southwest 1/4 of the Southeast 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 N89°25'31"W a distance of 1,307.25 feet from a 5/8" rebar marking the East 1/16 corner of said Section 21 and Section 28,thence following the southerly line of said Southwest 1/4 of the Southeast 1/4, S89.25'31"E a distance of 323.26 feet; Thence leaving said southerly line, N00'34'29"E a distance of 40.00 feet to an aluminum cap on the northerly right-of-way line of W.Chinden Blvd.; Thence following said northerly right-of-way line,N00.34'29"E a distance of 54.00 feet to the POINT OF BEGINNING. Thence following said northerly right-of-way line, N00.34'29"E a distance of 14.00 feet; Thence leaving said northerly right-of-way line,25.50 feet along the arc of a circular curve to the right, said curve having a radius of 22.00 feet,a delta angle of 66"25'00",a chord bearing of S56.12'58"E and a chord distance of 24.10 feet; Thence 9.27 feet along the arc of a reverse curve to the left,said curve having a radius of 8.00feet,a delta angle of 66'25'03",a chord bearing of S56.13'00"E and a chord distance of 8.76 feet; Thence S89.25'31"E a distance of 556.33 feet; Thence S00.34'29"W a distance of 14.00 feet; Thence N89.25'31"W a distance of 556.33 feet; Thence 25.50 feet along the arc of a circular curve to the right,said curve having a radius of 22.00 feet,a delta angle of 66.25'03",a chord bearing of N56.13'00"W and a chord distance of 24.10 feet; Thence 9.27 feet along the arc of a reverse curve to the left,said curve having a radius of 8.00 feet,a delta angle of 66"24'56",a chord bearing of N56.12'56"W and a chord distance of 8.76 feet to the POINT OF BEGINNING. Said easement description contains a total of 8,275 square feet(0.19 acres), more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. 4 � a 12459 0 � OF �'L. BE►L�'t� 5725 North Discovery Way• Boise,Idaho 83713 • 208,639.6939• kmengllp.com P:\21.240\CAD\SIIRVEY\EXIil01TS\21.240 MERIDIAN PATHWAY EASEMENT.DWG,AARON BAEEARD.7/1412023,ESTUD10907.P0,••- _N O_O �ZZ O O o ho CD -4 C I O Z K O LA) Z 'i L,K r*I I w Q 000 Im pN Z T (�-{D M f.I O O Z IJ m z z u om z N 01 pi rj > J NOL O O C'( ?zW ow NC7 cOJ ^ L -ate I I g q rn rn m vm I I . N N IJ M -4 rn w o 0o D co I m Z Z in In n ' 40 I I rn rn q q 0 ;J W W N A III N O O (T O T O O C ED EDD I Z I I In r)> co n N N 03 C/1 (InJ J O rn1 NI Imo, 0 o o O 7 I I W P.1 CD xo I Cn �I I N CO CD N r z J LOB m f�D!I FQ 0- v;i Iw n O In Z II w r 0 0 ;. L m I I (D ED G D I I m00 M 14' PATHWAY 0 m EASEMENT T o rn o0 0o z 0 C'1 I I I m z I II z O C I m Zo I I II n O z\ I I O O In C� I I ;M I I m C.�A LP w 0 0 z m ° Exhibit B 02?,9 I� m City of Meridian Pathway Easement 3 m`� -o= Z O °Om>�m v�00 T 3 e WAR �-A Pollard Subdivision No. 1 °W> z N SW 1/4 SE 1/4 Sec. 21,T4N, RM BM,City of Meridian,Ada County, ID o i E s i i i 556.33 I 1zfi�°�S'il`U• I 556,33 i t Title: Date:07-14-2023 I Scale: 1 inch.= 100 feet File: 1 Tract 1: 0.190 Acres: 8275 Sq Feet:Closure=n66,1534e 0.00 Feet: Precision>1/999999: Perimeter=1210 Feet 001=n00.3429e 14.00 004=s89.253 I c 556.33 007;Rt.R=22.00,D<tu=66.2503 On�n56.1300w,Chd=24.10 002:R1.R-22,W,Dclw=66,25W W:Lt,R=S.W,Detu=GG.?4SG Bn-S56,1258e,Chd-24.10 005=s00.3429w 14.00 t3np=n36.1356�e,end=s.76 i Bnb,54136 ,Chd8.762so5 006=n89.2531w556.33 i i i i V IDIAN� AGENDA ITEM ITEM TOPIC: Southridge South Subdivision Phase 1 Sanitary Sewer and Water Main Easement (ESMT-2023-0103) ADA COUNTY RECORDER Trent Tripple 2023-046928 BOISE IDAHO Pgs=6 VICTORIA BAILEY 08/16/2023 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0103 Southridge South Subdivision Phase 1 Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 15th day of August 20 23 between Endurance Holdings, 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, its 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 Page I Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports, sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 1013(date) by (name of individual), [complete the fol owing if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of iEndLA ,-,n c.P i 6 i,W r CLL(name of entity on behalf of whom record was executed), in the following repr6entative capacity: M n.ti.lo-e—r (type of authority such as officer or trustee) tm FADAIR KOLTES NCooary Public-State of Idaho Notary ignature mission Number30052 /I \ p mission Expires 06-05-2028 My Commission Expires: b Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-15-2023 Attest by Chris Johnson, City Clerk 8-15-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-15-2023 (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 Page 3 Version 04/17/2023 `� LEGAL DESCRIPTION 0 r A` T H E Page 1 of 2 LAN D GROUP Date:July 3, 2023 Project No.: 121027 EXHIBIT A SOUTHRIDGE SOUTH SUBDIVISION PHASE 1 SEWER&WATER EASEMENT DESCRIPTIONS SEWER/WATER EASEMENT No. 1 An easement located in the Northwest Quarter of Section 23,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest Corner of Section 23 of said Township 3 North, Range 1 West, (from which point the North One Quarter Corner of said Section 23 bears South 89°14'56" East, 2652.36 feet distant); Thence from said Northwest Corner of Section 23, South 24' 28' 25" East, a distance of 2212.88 feet to the POINT OF BEGINNING-1; Thence South 26°03' 29" East, a distance of 50.00 feet; Thence South 63°56' 31" West, a distance of 46.00 feet; Thence North 26'03' 29" West, a distance of 49.74 feet; Thence North 63' 37' 14" East, a distance of 46.00 feet to the POINT OF BEGINNING. Said parcel contains 0.05 acres (2,294 square feet) more or less. TOGETHER WITH: SEWER/WATER EASEMENT No. 2 Commencing at the Northwest Corner of Section 23 of said Township 3 North, Range 1 West, (from which point the North One Quarter Corner of said Section 23 bears South 89°14'56" East, 2652.36 feet distant); Thence from said Northwest Corner of Section 23, South 29°37' 41" East, a distance of 2375.81 feet to the POINT OF BEGINNING-2; Thence South 49°58'40" East, a distance of 15.00 feet; Thence South 40°01' 20" West, a distance of 20.00 feet; Thence North 49' 58'40" West, a distance of 15.00 feet; Thence North 40'01' 20" East, a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 0.01 acres (300 square feet) more or less. TOGETHER WITH: SEWER/WATER EASEMENT No. 3 Commencing at the Northwest Corner of Section 23 of said Township 3 North, Range 1 West, (from which point the North One Quarter Corner of said Section 23 bears South 89°14'56" East, 2652.36 feet distant); Thence from said Northwest Corner of Section 23, South 41°58' 10" East, a distance of 2413.34 feet to the POINT OF BEGINNING-3; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 2 of 2 Thence South 53° 28' 24" East, a distance of 50.00 feet; Thence South 37°04' 21" West, a distance of 28.29 feet; Thence North 54'00' 06" West, a distance of 50.02 feet; Thence North 37'06' 03" East, a distance of 28.75 feet to the POINT OF BEGINNING. Said parcel contains 0.03 acres (1,426 square feet) more or less. TOGETHER WITH: SEWER/WATER EASEMENT No. 4 Commencing at the Northwest Corner of Section 23 of said Township 3 North, Range 1 West, (from which point the North One Quarter Corner of said Section 23 bears South 89°14'56" East, 2652.36 feet distant); Thence from said Northwest Corner of Section 23, South 45'22' 58" East, a distance of 2544.99 feet to the POINT OF BEGINNING-4; Thence South 57°00' 12" East, a distance of 35.56 feet; Thence South 32°59'48" West, a distance of 50.00 feet; Thence North 57'00' 12" West, a distance of 35.56 feet; Thence North 32' 59'48" East, a distance of 50.00 feet to the POINT OF BEGINNING. Said parcel contains 0.04 acres (1,778 square feet) more or less. TOGETHER WITH: SEWER/WATER EASEMENT No. 5 Commencing at the Northwest Corner of Section 23 of said Township 3 North, Range 1 West, (from which point the North One Quarter Corner of said Section 23 bears South 89°14'56" East, 2652.36 feet distant); Thence from said Northwest Corner of Section 23, South 62°01' 36" East, a distance of 2343.85 feet to the POINT OF BEGINNING-5; Thence South 64°02' 14" East, a distance of 52.59 feet; Thence South 25°58' 01" West, a distance of 49.96 feet; Thence North 64'03' 19" West, a distance of 52.59 feet; Thence North 25' 58' 01" East, a distance of 49.98 feet to the POINT OF BEGINNING. Said parcel contains 0.06 acres (2,628 square feet) more or less. PREPARED BY: The Land Group, Inc. a 7880 7-3-2 23 James R. Washburn �� 9TF OF 0xx SR.W'k 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 . 208.939.4041 thelandgroupinc.com File Location: g:\2021\121027\cad\survey\exhibits\121027 com sewer and water easements 230628.dwg Last Plotted By:alex major Date Plotted: Wednesday,June 28 2023 at 03:55 PM 2 M o_ N O c/)c n �■ Al ca [D S. TEN MILE ROAD N — — — — — — — — — — — — — — — i., cn o Z z 0 m IV m / `. Z 1+ M c-) m M M /t� N N coM / / / / cn 4 / V / `6 O / cn W M /��uti N \ W O C o M \ c) a cli n - n � / oo 'c'-� C2 c'> m m m M / / M a w M a O 1 y m m lTl O N M m p y d7 RIro v m Z z N Z v W O 1� c / 16 / c O W o �o nM � I m y M 4 � 20 V M (per oo a y p M � Z r8 O Z Cn I+ CA o m o D 70 c" M m a N M cn :0 m e a cn co O m T m Z o cn I y j — — — — — — H IV CW z c-) 0 DO cn m C7 N W O Ul O y n =r O W CD CO2 CD PE O CL CD —. CD rQ trt r ■ 1 oro rn crn w Iry Z � = rF O CD co oO �I O C3I A W N 1 O M �_ \CC z z CD cn cn z z cn cn z z cn cn z z � cn z z � cn P _+ �• G CNJI , CYI A N o co V v A N W O co CD (�O W 6M NJ W rn T aye N CQ y� 00 o cn o cn O cn o o O O Iv o co o cn ca o cn o D CD y W �` N r 0 CD 0 0o W 1 co o o rn O o0 00 00 1 w w 7l7 /� 01 (D 01 oo N O2 N w O� 1_ O O O O A cD 1_ � z O N 00 CL m m m m m m m m m m 09 0 O ^ 4 W CD CA -P, Ul 41 cn c n c) C.11 W N cJl N Ul N 1 N cn m 'L'�{� CA ~h —■ co CO IN CO N CD cn CD W O 90 c:' CD . O . O CO O CD10 z i 1' ,rt�// CO (r CO cn c::) C.1 c::) CJl O N O O CD O CD CD -1 O O Q IVw+ co CO M CO O � O M LY1 N CD O O O O O O 41 O O \_ CD CL CD CD CD 0 C CA) M Q. Sewer Water EasementW ,� ,�n-� p z � m o City of MeridianMok ►�'� v W. Overland Road O Z T w D Meridian, Idaho 83642 O W IDIAN� AGENDA ITEM ITEM TOPIC: Pathway Agreement between the Nampa-Meridian Irrigation District and the City of Meridian for the Pathway along the Ridenbaugh Canal to be built with the Southridge South Phase 1 Project AGREEMENT AGREEMENT,made and entered into this 15thday of August ,2023,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the"City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19,2000,recorded as Instrument No. 100102999, records of Ada County,Idaho,hereinafter referred to as the"Master Pathway Agreement;"and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;to enhance the City's pathway planning though early consultation between the City and the District;to establish a process for the City's submission ofpathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches,property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements and/or fee title property along and across the District's ditches,canals and easements/fee title property therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS,the City is the owner of the real property easement/right of way that is servient to the District's easement/fee title property particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS,the District controls the irrigation/drainage ditch or canal known as the RIDENBAUGH CANAL (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof; and WHEREAS,the City desires approval to construct,install,operate and maintain: 1)a ten foot(10') pedestrian pathway on the south side of the Ridenbaugh Canal and within the District's easement,under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and AGREEMENT-Page 1 conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. The City may construct,operate,maintain and repair: 1)a ten foot(10')pedestrian pathway on the south side of the Ridenbaugh Canal and within the District's easement, within Southridge South Subdivision Phase No. 1, located southwest of the intersection of Overland Road and Ten Mile Road in Meridian,Ada County,Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the"Special Conditions"stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with,all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary AGREEMENT-Page 2 THE CITY OF MERIDIAN By YED -qv� of Rober . Si ison 8 - 15 -2023 aAE T: RP srCj lilyo so erlc 8 - 15 - 02 E IDI�N -- s� SEAL STATE OF AHO SS : Of the TREP`'J�4i County of Canyon ) On this day of , 2023 , before me, the undersigned, a Notary Public in and for said State, personally appeared Will Patterson and Michael Comeskey, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires : STATE OF IDAHO ) ss : County of Ada ) On this 15th day of Augsut , 2023 , before me, the undersigned, a Notary Public in and for said State, personally appeared o ert . Simison and Chris Johnson , known to me to be the Mayor and City Clerk , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such entity 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 ( 'A,Y Residing at Meridian ID COMMISS : No , 67390 My Commission Expires : S- 28 - 2028 T Nu � ^ -rT AGREEMENT - Page 3 CHARLENE WAY NOCOWATEft KIC • irim STATE OF IDAHO EXHIBIT A Legal Description A right-of-way/easement located at or near Southridge South Subdivision Phase 1 in the NE1/4 of the NW1/4 of Section 23,Township 3 North,Range 1 West,B.M.,Meridian, Ada County, Idaho as more specifically described/depicted in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Location of Property/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. Licensee acknowledges that the District's easement for the Ridenbaugh Canal includes a sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or canal,and to access the ditch or canal for said purposes,and is a minimum of 140 feet,60 feet to the left and 80 feet to the right of the centerline looking downstream for this section of the Ridenbaugh Canal. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 T LEGAL DESCRIPTION � i . � " THE Page 1 of 2 LAND GROUP Date:July 12, 2023 Project No.: 121027 EXHIBIT A SOUTHRIDGE SOUTH SUBDIVISION PHASE 1 PATHWAY EASEMENT DESCRIPTION An easement located in the Northeast Quarter of the Northwest Quarter of Section 23,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest Corner of Section 23 of said Township 3 North, Range 1 West, (from which point the North One Quarter Corner of said Section 23 bears South 89'14'56" East, 2652.36 feet distant); Thence from said Northwest Corner of Section 23,South 60'44' 10" East, a distance of 1752.06 feet to a point on the easterly right of way line of West Overland Road,said point being the POINT OF BEGINNING; Thence South 85°01'59" East, a distance of 12.39 feet to a point of curvature; Thence 6.77 feet on the arc of a curve to the right, having a radius of 35.00 feet,a central angle of 11'04'43",and whose chord bears South 79'29'38" East, a distance of 6.76 feet to a point of non-tangent compound curvature; Thence 33.60 feet on the arc of a curve to the left,having a radius of 35.00 feet,a central angle of 55'00'00",and whose chord bears North 78'32'43" East,a distance of 32.32 feet to a point of reverse curvature; Thence 142.58 feet on the arc of a curve to the right,having a radius of 220.00 feet,a central angle of 37°07'58",and whose chord bears North 69'36'42" East, a distance of 140.10 feet to a point of compound curvature; Thence 163.30 feet on the arc of a curve to the right, having a radius of 335.00 feet,a central angle of 27°55'48",and whose chord bears South 75°26'57" East,a distance of 161.69 feet; Thence South 61°29'03" East, a distance of 227.43 feet to a point of curvature; Thence 19.57 feet on the arc of a curve to the left, having a radius of 440.00 feet,a central angle of 02'32'56", and whose chord bears South 62°45'31" East,a distance of 19.57 feet; Thence South 64°01'59" East, a distance of 30.51 feet; Thence South 64°01'59" East, a distance of 17.03 feet; Thence South 25°58'01"West,a distance of 20.00 feet; Thence North 64°01'59"West,a distance of 57.77 feet; Thence North 61°29'03"West,a distance of 237.66 feet to a point of curvature; Thence 153.13 feet on the arc of a curve to the left, having a radius of 315.00 feet, a central angle of 27°51' 10",and whose chord bears North 75'24' 39"West,a distance of 151.63 feet to a point of compound curvature; Thence 138.10 feet on the arc of a curve to the left, having a radius of 196.80 feet,a central angle of 40° 12'24",and whose chord bears South 68"40' 20"West,a distance of 135.29 feet to a point of reverse curvature; Thence 44.23 feet on the arc of a curve to the right, having a radius of 55.00 feet,a central angle of 46°04'25",and whose chord bears South 83°00'31"West,a distance of 43.05 feet; 462 East Shore Drive,Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Exhibit A-1 , page 1 Page 2 of 2 Thence North 83°38'38"West,a distance of 18.75 feet; Thence North 14'53'23" East, a distance of 20.13 feet to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. �' L LAN �+ DS a 7880 , s7-12-2023 0 ar9, pF James R.Washburn OF0 Y�' 'S'$.OVA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc,com Exhibit A-1 , page 2 He Location: g:@021V21027\cadlsurveylexhlbtts\121027 can pathway easement 230711.dwg Last Plotted By:alex major Date Plotted: Wednesday,July 12 2023 at 02:41 PM r y H coo 0.. r T [rll A W N r Z m N uni rM Qz0 CIO T S N A A Cn M m CODw A Co Cos _ -�yC P m . Ce o o fN0 s _ CD-1 D w A zz OaV T! 4) n m a y N r r CD M Cl) w�-� N � o m o o � iv Z Cn CD Mr 9 O M Q, o � - a Q N N w_ W U' g0 = / 0 �� / O �A0 I tCT S` W v Im enll A W N N /IO ■ m _ m W �l C D m00r�CO yM m 83 Fee C ~ CA M \\N 1 W rA 30 O ♦ ♦ �CD 0 70 � ♦ \ [, zN O o 0 0 0 0 � Q V I Do a z v c'�il tay o cOr1 o D 'ID Cl) IWrn B a rc D m w m o CD cil / I C 1 o a co m Cn N M m v %� I O O A 1 C. w y N w OD D / I+p _CD �{ rn m m T m w0 = C7 � C S / / Ln r^ p 1 CAo r cn y ZI w a S �S w � _ z c� � o N K. I w _p m p — N co j Pathway Easement ::� THE cS. City of Meridian LAND Challenger Development, Inc. 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Eris Iiw'g " q nE gee = Ga"r „ea� it Ey Fa ea` »'»e?;3�a"a;JI �.--I »I 3"��a 3 3» ��e k pR� s �?�� �'I €g »c €a2 I! »fie»g 111 » e» �@@fie @@ �e -� "»a€"yd"ease IIE € k» gy »age a»� s zIIPg a»» E eI esc Ix$g" 'Rea agog �e@s » s H� s a, '" '.». »»as," :.� » ..H!I`e-M U g�9'S;B»osl:�::�a'9»�9 iI� »osH»: Ala �saa Exhibit C-1 , page 1 _ 1 I CD a"" i m� g / � � d I I � € s 51 is !0 � O / '2 6 a SOUTHRIDGE SOUTH PHASE 1 Challenger Development 0 w r q1 MEHIOIAN.IDAHO Mvm Exhibit C-1 , page 2 EL 13 r' •� - .�,s" \\\�. . �9 3:Ri AQ n act IL Ig u\ • Me ' l HAMS W-11111 a , �Ha� e Fe �� m $ 1 gig FFg gF l Ira ; grg � s :aka" A9RI Ali 8aasgP aa4-'$'A�aoa sm"" ggY.�mm e Ago. �s . LFaa ^ba a oe dN � .54 A�"aaS5. m�fiw g sag a�4 gab v Mu i v v /k% / 1�Ioaaal 's7 Rtl�2� oil a�^C .a§m jg 9 Ca y� •��' - A sV Am III ji q' aF9 AB>S G F F C 4 $ s s € a s RF. WAR Fa s a g P as eA cb a d s�Rb arad_€ a�". IIP�� b 4 9 aid ac a "� 5a a es "a�A� � _ p as"am "giaa a 'g$�P 3gs�a�^ s�Ra�" �baiP� bm � .f�^�R a� 8 ',�• $ida � 2' z sa"n® amsa �aR'a' e� ec"• PF a BARfifl a.saw�a�•^ a =agar as 'i'�s s P 'a 3 8 �aa o �;= s �NEF ag Fa g3.'�. G9.,, as R= a ?>q �Faa .R> a.- �E Sex 1543 ae R a�= �a$Rac$s ;b � r S Fx o � R aaa :a Ra�'�caaea�a sa=€a� v as €ER ata a a� � $Aa c aae sa o� Ri ab a ®g a a=moo^ z aaa" Aga i ba � a j° "" / SOUTHRIDGE SOUTH PHASE 1 o' $: a_ Challenger Development rM � _� oxen MEH[mAN.IDAHO C Exhibit C-1 , page 3 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Artisan Victory Market H-2022-0066) Between the City of Meridian and BPS Eagle Road, LLC for Property Located at 2820, 2910, 2960, and 3020 S. Eagle Rd. ADA COUNTY RECORDER Trent Tripple 2023-046920 BOISE IDAHO Pgs=56 VICTORIA BAILEY 08/16/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. BPS Eagle Road, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 15th day of August , 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 BPS Eagle Road, LLC, whose address is 1401 17th Street, Suite 700, Denver, Colorado, 80202, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner 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 11-5B-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer submitted an application for annexation and zoning of approximately 14.47 acres of land with a request for the R-15 (Medium High-Density Residential)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 DEVELOPMENT AGREEMENT—ARTISAN VICTORY MARKET(H-2022-0066) PAGE I OF 7 1.7 WHEREAS,on the I Ith day of July,2023,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"),which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation 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 BPS Eagle Road,LLC,whose address is 1401 17th Street, Suite 700, Denver, Colorado, 80202, 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 DEVELOPMENT AGREEMENT-ARTISAN VICTORY MARKET(H-2022-0066) PAGE 2 OF 7 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 final plat shall be recorded prior to issuance of the first certificate of occupancy for any structures within this development. 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 and continuity. DEVELOPMENT AGREEMENT-ARTISAN VICTORY MARKET(H-2022-0066) PAGE 3 OF 7 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. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 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 rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT-ARTISAN VICTORY MARKET(H-2022-0066) 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: BPS Eagle Road,LLC 1401 17th Street, Suite 700 Denver, Colorado 80202 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 parry so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. DEVELOPMENT AGREEMENT-ARTISAN VICTORY MARKET(H-2022-0066) PAGE 5 OF 7 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. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property("Removed Property")from this Agreement at any time,provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 22. 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. 22.1 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. 23. 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-ARTISAN VICTORY MARKET(H-2022-0066) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: BPS Eagle Road, LLC Z3��P- a--j :�) By: ) JAY STATE OF C9kZy0-vt0 ) ss: County of 6^_A`qtv--�- ) On this 2 day of 2023,before me,the undersigned,a Notary Public in and for said State, personally appeared �,known or identified to me to be the INA ci rya of BPS Eagle Road,LLC and the person who si ed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MELISSA JOY NOTARY PUBLIC STATE OF COLORADO 4NotaryPNOTARY ID 20194031189 xpires: MY COMMISSION EXPIRES AUGUST 15,2027 Art, CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 8-15-2023 Chris Johnson, City Clerk 8-15-2023 STATE OF IDAHO ) ss County of Ada ) On this 15th day of August 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 DEVELOPMENT AGREEMENT—ARTISAN VICTORY MARKET(H-2022-0066) PAGL•'7 01=7 EXHIBIT A Description for R-15 Zone Artisan Victory Market Subdivision June 9, 2023 A portion of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to said Sections 20 and 21, T.3N., R.1 E., B.M., from which the Section corner common to Sections 20, 21, 28 and 29 T.3N., R.1 E., B.M., bears South 00°00'26" East, 2,700.16 feet, thence on the west boundary line of said Section 21, coincident with the centerline of S. Eagle Road, South 00000'26" East, 1,350.01 feet to the South 1/16 corner common to said Sections 20 and 21 and the REAL POINT OF BEGINNING; thence on the north boundary line of the Southwest 1/4 of the Southwest 1/4 of said Section 21 coincident with the south boundary of Bancroft Square Subdivision as filed in Book 111 of Plats at Pages 16142 through 16144, records of Ada County, Idaho, South 89022'03" East, 800.06 feet to the west boundary line of Sutherland Farm Subdivision No. 2 as filed in Book 89 of Plats at Pages 10242 through 10244, records of Ada County, Idaho; thence on said west boundary line and the west boundary line of Sutherland Farm Subdivision No. 1 as filed in Book 86 of Plats at Pages 9806 through 9808, records of Ada County, Idaho, South 00000'26" East, 786.42 feet to the Northeast corner of Inglewood Place Subdivision No. 1 as filed in Book 120 of Plats at Pages 18835 through 18837, records of Ada County, Idaho; thence on the north boundary line of said Inglewood Place Subdivision No. 1 and the westerly extension thereof, North 89036'03" West, 800.03 feet to the west boundary line of said Section 21, coincident with the centerline of S. Eagle Road; thence on said west boundary line, North 00000'26" West, 789.68 feet to the REAL POINT OF BEGINNING. Containing 14.473 acres, more or less. End of Description. \CNN,- LANC s . E N S G o M p< a 1 779 o 0 TF OF \� (3 y4? MCCP�`� Page 1 of 1 1/4 .S.20 S.21 Scale: 1"=200' 0 50 100 200 400 CI of Ln MI Real Point Bancroft Square of Beginning Subdivision S1/16 S89*22'03"E 800.06' Sutherland Farm Sub. No. 2 Cn O Of DO cO 00 f 14.473 '� m w N Acres N N vi o 0 O o �— cn O z 0 00 m O (n Sutherland Farm Sub. No. 1 N89'36'03"W 800.03' Unplatted Inglewood Place Sub. No. 1 �I (I LOI S��NPL �ANp S E NOf 0 S.20 S.21 E.Victory Road 11779 ;o cn (, O S.29 S.28 �0 9/20 OPT p F OF p yM M CC PN`� Artisan Victory Market Modern Craftsman Eo le 21-486 dw R15 Zone Ex.d 6 9 202]10 25:12 AM Exhibit Drawing for Job No. DAH O 21—486 SURVEY 9955W EMERALD R� (15 ZoneBOISE.IDAH083704 Sheet No. (208)846-8570 Artisan Victory Market Subdivision 1 GROUP, LLC A portion of the SW 1/4 of the SW 1/4 of Section 21, Dwg. Date T.31N., RAE., B.M., Ada County, Idaho 6/9/2023 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAy AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 14.47-acres of Land with an R-15 (Medium High-density Residential)Zoning District; Preliminary Plat Consisting of 4 Building Lots and Two Common Lots on 13.60-acres of Land in the R-15 Zoning District;Conditional Use Permit for a Multi-family Development Consisting of 138 Dwelling Units on 13.60-acres of Land in the R- 15 Zoning District;and Internal Private Streets for Artisan Victory Market Subdivision,by Horrocks Engineers,Inc. Case No(s). H-2022-0066 For the City Council Hearing Date of. May 9 and June 20,2023 (Findings on July 11,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 9, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 9,2023,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 9, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 9, 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 ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066 - I - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 9, 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,conditional use permit,and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of May 9, 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 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 ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066 -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 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511 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 § 67-6521(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 May 9, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066 -3- By action of the City Council at its regular meeting held on the 11 th day of July 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. 'mi n 7-11-2023 Attest: � SEAT, Chris Johns 7-11-2023 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: 0-1 Dated: 7-11-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ARTISAN VICTORY MARKET-AZ CUP PP PS H-2022-0066 -4- STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING May 9,2023 Le end DATE: 50 Project Location TO: Mayor&City Council FROM: Bill Parsons, Current Planning Supervisor — 208-884-5533 ® SUBJECT: H-2022-0066 0 Artisan Victory Market—AZ, CUP,PP, t o &PS LOCATION: 2820, 2910,2960,2990 and 3020 S. Eagle Rd., in the SW 1/4 of Section 21, T.3N.,R.1E. (Parcel#S1121336051; S1121336101; S1121336176; S1121336200; S1121336230; S1121336251; and S1121336276) NOTE: This project was continued from the May 9'City Council hearing in order for the applicant to revise plans and renotice the project per the discussions during the hearing. Staff prepared a memo for City Council on June 151h that identified specific changes and the applicable conditions that required modification. The staff report has been updated to reflect the changes noted in this memo. 1. PROJECT DESCRIPTION Annexation and Zoning(AZ)of approximately 14.47 acres of land with the R-15 (12.38 acres)and C- C(2.09 acres)zoning districts; Preliminary Plat(PP)consisting of 5 building lots(3 multi-family and 2 commercial) and 1 common lot on approximately 13.6 acres of land in the requested R-15 and C-C zones; and a Conditional Use Permit(CUP)for a multi-family development consisting of 131 units on 11.94 acres in the R-15 zoning district. Private streets(PS)are proposed for internal access within the development. 11. SUMMARY OF REPORT A. Project Summary Description Details Acreage 13.6-acres(14.47 AZ area) Existing/Proposed Zoning RUT in Ada County(existing);R-15 (12.38 acres)&C-C(2.09 acres) (proposed) Future Land Use Designation Mixed Use—Community(MU-C) Existing Land Use(s) Rural residential/agricultural Proposed Land Use(s) Multi-family residential&Commercial Description Details Lots(#and type;bldg./common) 5 buildable lots and 1 common lot Phasing Plan(#of phases) 1 phase—For occupancy purposes 6 phases are proposed for the multi- family project. Number of Residential Units(type 131 multi-family dwelling units;2 commercial buildings totaling 18,100 of units)and square footage of square feet commercial uses Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date 7/28/22;March 21,2023 the applicant held another neighborhood meeting based on the public comments received for this application. History(previous approvals) CPA-05-001 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 Kimley-Horn. es/no Access Main access for this development will be from S.Eagle Rd.ACHD has approved the (Arterial/Collectors/State connection as a temporary full access and reserves the right to restrict this access in Hwy/Local)(Existing and the future;a local street network will be extended to provide additional access to and Proposed) through the development.Internal circulation is being provide through a private street connection. Traffic Level of Service Stub 3 local streets are stubbed to this property and will be extended with the plat;cross Street/Interconnectivity/Cros access via is required to the property to the south(Inglewood Place Subdivision). s Access Existing Road Network S.Eagle Rd.,arterial street, S. Titanium Ave. and E.Publisher St. abut this site. Existing Arterial Sidewalks/ There is an existing 7-foot wide attached sidewalk along S.Eagle Rd.All existing Buffers curb cuts to S.Eagle Rd.not being utilized by this development must be closed and im roved with curb,gutter,and sidewalk. West Ada School District Description Details • Predicted#of students West Ada School District has experienced sustained growth in student enrollment during the last ten years.Based on current generated from enrollment data specific to new development(within the last 5 years)in proximity to this proposed development,we estimate proposed development this development consisting of 138 multi-family units could house approximately 26 school aged children.Approval of this • Distance(elem,ms,hs) application will affect enrollments at the following schools in West Ada School District based on attendance areas forthe • Capacity of schools 2022.23 school year.For your information,included in this data is the number of approved lots and multi-family units • #of Student Enrolled approved by this and other agencies. Approved MF units Projected Approved lots per per attendance Students from Enrollment Capacity attendance area area Approved Dev. Pepper Ridge Elementary 515 675 186 756 68 Lewis&Clark Middle School 885 1000 Sol 1297 71 Mountain View High School 2461 2175 2956 408 401 School of Choice Options Christine Donnell Elementary—Arts 474 Soo N/A N/A Spalding Elementary-STEM 678 750 N/A N/A West Ada School District supports economic growth.Based on future enrollment forecasts,the capacity of the high school is projected to be operating above building capacity and full utilization of educational spaces upon the completion of the previously approved lots.Future developments will continue to have an impact on the district's capacity. Police Service No comments received • Distance to Police Station • Police Response Time • Calls for Service • Accessibility • Specialty/resource needs • Crimes • Crashes • Other Wastewater • Distance to Sewer Directly adjacent Services _ • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining 5,780 MGD Balance • Project Consistent with Yes W W Master Plan/Facility Plan • Impacts/concerns Additional 5,780 gpd committed to model. See Public Works site specific conditions Water • Distance to Water Directly adjacent Services • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns None Description I Details • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works site specific conditions 1 1 1 • - • - • - • r • - • • • iAA�-ice - � • • r • �. _ � - ,' it=■.77 _ rY•i'- ��in•��Cr�•►�ilrrrdr r ■■ \ii.�rur■r• .r■■■■r■1� ���Illlhi? 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Owners: BPS Eagle Road,LLC— 1401 17th Street, Ste. 700,Denver,CO 80202 C. Representative: Same as Applicant III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 2/15/2023 4/23/2023 newspaper Notification mailed to property owners within 300 feet 2/10/2023 4/21/2023 Applicant posted public hearing 2/17/2023 4/20/2023 notice on site Nextdoor posting 2/10/2023 4/21/2023 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—Community(MU-C). 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. Sample uses appropriate in MU-C areas include: All MU-N categories, community grocer,clothing stores, garden centers,hardware stores,restaurants,banks,drive-thru facilities, auto service station, and retail shops, and other appropriate community-serving uses. Sample zoning include: R-15,R-40, TN-R, TN-C, C-C, and L-O. Proposed Development: The Applicant proposes to develop the site with two (2)land use types— small-scale commercial(includes retail,restaurants, drive-through pharmacy, etc.)and residential(i.e. multi-family residential). The site is designed for commercial uses along Eagle Road, an arterial street,with 131 multi-family residences for a gross density of 11 units per acre and a net density of 12.4 units per acre located to the north and east of the commercial pads. The site includes a mix of 1- bedroom duplex-style multi-family units,2 and 3-bedroom bungalow-style multi-family units, and 2 and 3-bedroom townhome-style multi-family units with open space integrated throughout. The proposed development is generally consistent with the conceptual MU-C plan in the Comprehensive Plan. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staff's 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 13.60-acre development includes two types of land uses—commercial and residential. The Inglewood Subdivision along the south boundary is also designated MU-C and the City has approved a restaurant w/drive-through and a daycare on this site. Therefore, staff is supportive of the site developing with two land uses types as proposed. Since one of the buildings will be multi-tenant building, staff does anticipate other commercial uses developing on the property. • "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 131 multi family units at a gross density of 11 units per acre. The multi family portion of the project is located along east side of Eagle Road. An employment destination center is not desired due to the size of the property; however, other neighborhood commercial uses could develop on the commercial lots which may encourage a walkable environment and provide additional services for 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 site plan was submitted with the annexation request, included in Section VII.B.A Development Agreement is required that binds future development to this plan. • "hi 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 does not depict common usable open space for the commercial portion of the development. Staff recommends that the Applicant re-orientate the buildings to create some form of common usable area between the commercial buildings and the common lot directly south of the clubhouse and pool.A decorative crosswalk should also be used to delineate the connectivity through the private street and continued through the commercial parking lot to the existing 7-foot sidewalk along Eagle Rd. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The applicant has oriented the commercial next to commercial uses approved with the Inglewood Subdivision to the south.As a transition to the existing residential on the north/east and south boundary, the applicant is proposing two-story townhomes on the south boundary adjacent to the larger assisted living facility and orienting single-story duplex and single detached units along the east and north boundaries. • "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. From north to south, the larger MU-C area includes storage, an office park, single-family residential, two (2)planned daycares, assisted living, two coffee shops w/drive-throughs, and a Rite Aid. • "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." There are no public and/or quasi public spaces or places proposed with this development. As noted above, the applicant should include a plaza area in the commercial area that ties in with the open space south of the clubhouse and pool. A decorative pedestrian crossing would also help integrate the two open spaces. A pedestrian connectivity should also be provided to the existing 7-foot sidewalk adjacent to Eagle Rd. • "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." See analysis above. • "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/east, the single-family developments further to the north and east(Bancroft Square Sub. &Sutherland Farm Sub. No. 2) by both vehicles and pedestrians. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." A landscape buffer is proposed between the proposed multi family and existing single-family developments to the north/east and to the assisted living facility located to the south as a transition and buffer between uses. The buffers are between 15 and 20 feet respectively. Further, the applicant has intentionally placed the one-story duplex and single detached units along the north and east boundary to ensure compatibility. • "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-C 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 20%of the development area at gross densities ranging from 6 to 15 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 87.8%(11.94 acres) of the development area at an overall gross density of 11 units/acre, consistent with the density desired in MU-C designated areas. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail/commercial uses are only proposed to comprise of 12.2%(1.66 acres) of the development area in accord with this policy. 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 commercial to the south. The proposed multi family development should be compatible with existing single- family residential uses to the north in Bancroft Square Subdivision, to the east in Sutherland Farm Subdivision No.1, and to the south in the Inglewood Place Senior Housing with the proposed separation in uses by fencing and landscaping to minimize conflicts between higher and lower density residential. • "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 goods, services, and employment. This area of Meridian is predominately detached single-family dwelling units. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) The development plan depicts pedestrian pathways throughout the commercial and multi- family residential development. Staff recommends the applicant relocate the trash enclosure located on the north side of the parking lot east of the pool and install a 5-foot wide sidewalk to provide a more direct connection to the children's play structure. Five-foot wide detached sidewalks are being extended as part of the local street network(Sutherland Farm, Bancroft Square, and Inglewood Place Senior Housing)for interconnectivity. • "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 commercial buildings.As noted above staff recommends the applicant provide a decorative crossing. Usable open space and quality amenities are proposed with the multi- family development that exceed UDC standards (see analysis below). • "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves."(3.03.03I) This property is an enclave that abuts City annexed land to the north, south, east, and west. Here is the applicant's justification on how the project complies with some of the policies in the plan: Section Comprehensive Plan Goal and Project Compliance 2.01.01 Encourage diverse housing options suitable for various income levels, household sizes and lifestyle preferences. Artisan Victory Market will include mix of f-bedroom duplex. 2-,& 3- bedroom bungalow-sole multi famdy units and 2-&3-bedroom tawnhome-style multi family units,providing diversity within the Project and also diversify from nearby single-family detached residences.Artisan Victoty Market will offer a variety ofamenwes to cater to the different recreational bobbies of residents and fo foster a sense of community. 2.01.01 E 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. This project provides medium high-density residential units that complement and provide a transition between the commercial and employment areas to the south on Victory and to the north closer to 1--84, and the single-family residences to the north and east. The area has been largely developed in compliance with the larger Mixed-Use Community area, and the mix of surrounding employment and retail uses will benefit from the addition of higher densuy residential homes. 2.02.01 A With new subdivision plats,require the design and construction of pathways connections,easy pedestrian and bicycle access to parks,safe routes to schools and the incorporation of usable open space with quality amenities. Artisan Victory Market is a connected community with pathways that connect the residential development to the north and east with the more intensive commercial and retail uses to the soufh_ The project includes over L6 miles of internal pathways and sidewalks an public streets,and qualay amenities including a ciuhhouse,fitness room,swimming pool and community garden. 2.02.02C Support infill development that does not negatively impact the abutting, existing development. Artisan lrictory Market has been designed to minimise impact an the surrounding neighborhoods with 2-sfory residences on the north and east boundaries_ 3.{}3.0D Direct and prioritize development in strategic areas and in accordance with corridor and special area plans. As an infill site with all services readily available,Artisan Victory Market exemplifies the vision of the Mixed-Use Community designation by providing a well-designed, interconnected living and commercial space where people can live,work,sloop,and raise a family all within the same community_ 3.06.02E 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 sus(ainability This mixed-usesproject fosters the mired-use environment of the larger area by complementing the surrounding commercial,retail, and single- family detached residential uses. Planned and developed commercial and employment centers are within walking distance of the Site.Artisan Victory Market residents can shop,dine,plan and work in close proximity and reduce vehicle trips in the area. This Project will increase the overall fivabilio)and sustainability of the surrounding area by providing much needed housing that will help nearby businesses thrive with a permanent customer base. 3.07.01 A Require all new development to create a site design compatible with surrounding uses through buffering,screening,transitional densities,and other best site design practices. Smaller commercial and multi-family residential provides an appropriate transition beiween the C C retail and commercial uses to the south and Eagle Road to the west,and the single-family residences to the east and north_ The Site integrates higher density buildings along Eagle Road and the commercial areas to the south and provides single-level duplex and bungalow-style multi family units along the north and east adjacent to the single-family homes.Fencing screens the projeci from surrounding developments_ 6.01.01 H Require pedestrian access connectors in all new development to link subdivisions together and promote neighborhood connectivity as part of a community pathway system. With approximately L6 miles of internal paih woj)s and detached sidewalks,Artisan Victory Market provides necessary connectivity between current and future developments and uses an all sides of the property. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS (UD The applicant has submitted a revised open space exhibit 15 days prior to the Council meeting. The analysis below has been updated in strike-through and underline format to represent the changes to the open space and changes discussed with the Commission during the hearing. A. Annexation: The proposed annexation is for 14.47 acres of land with R-15 (12.38 acres)and C-C zoning(2.09 acres)districts. The proposed use of the property may include up to 18,100 square feet of commercial uses (tenants unknown) and 131 multi-family residential units on 13.60 acres in the C-C and R-15 districts. Parking for the multi-family development is discussed further in the report however the conceptual development plan does depict 55 parking stalls for the commercial lots. Based on the square footage of the proposed commercial development,the UDC only requires a minimum of 36 stalls. 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-15 zoning district, subject to the specific use standards for such listed in UDC 11-4-3-27. Commercial/retail uses and drive-through uses are listed as a principally permitted uses in the C- C zoning district per UDC Table 11-2B-2. However,the proposed drive-through associated with the southern-most commercial building will require the approval of a CUP because of its proximity to the proposed and existing residential uses. Staff is supportive of a drive- through on this site however,the commercial area is more neighborhood serving and therefore the site should be restricted to only developing one drive-through on the property as proposed. The proposed uses and zoning districts are listed as appropriate uses and zoning in the Comprehensive Plan for the MU-C 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 VII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application,containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed preliminary plat consists of 5 building lots (3 multi-family and 2 commercial) and 1 common lot on 13.60 acres of land in the R-15 and C-C zoning districts. The proposed subdivision will develop in a single phase. However, for occupancy purposes,the applicant is proposing 6 phases for the multi-family portion of the development. Existing Structures/Site Improvements: There are existing homes and outbuildings that need to be removed with development of the property. Since the project is being phased staff anticipates the removal of the structures with the first phase. Dimensional Standards: Development of the proposed lots are required to comply with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and UDC Table 11-2B-3 for the C-C zoning district. The minimum lot size in the R-15 zone(no minimum lot size in the C-C zone) size is not pertinent to this development because the applicant is proposing multiple units on larger parcels. The CUP site plan doesn't depict any setbacks on the plan. Per the specific use standards, a minimum setback of 10 feet is required unless a greater setback is required by the UDC. In the applicant's narrative it states that the units along the north and south boundary have a 15-foot setback and the units along the east boundary have a 20-foot buffer which exceeds code requirements. Further,the applicant has provided all single-story units adjacent to the existing single-family homes therefore staff is supportive of the setbacks along these boundaries. For those units along Eagle Rd.,the code requires a 25-foot landscape buffer in a common lot and those units adjacent to the buffer should be setback 10 feet from the interior edge of the buffer. The other units adjacent to Titanium and Publisher are required to have a 10-foot setback to living area.None of the garages are oriented towards the street. NOTE! As discussed below the applieant has ineluded the 15 foot setbaek areas along the south boundaFy in their-qualified open spnee ealeulations.This area does not eount towaFds qualified open spaee unless i dimensioned a minimum of 20 feet(see analysis below). 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. The project complies with these standards. Access(UDC 11-3A-3) A private street is proposed via S. Eagle Rd., an arterial street.No stub streets are required or proposed for this application. The site does have three(3) existing stub streets that are proposed to be extended with this development. This critical because most of the residential units and the commercial uses will take access from an internal private street.The extension of the local street connection will allow traffic to flow better through this site to the signalized intersection at Easy Jet and not rely solely on the Eagle Rd. access. The units located on the east side of Titanium take access from shared driveways.Although not classified as common driveways,the applicant should provide at a minimum 20-foot driveways to ensure vehicles can access the designed garage spaces associated with those units.With the CZC application the applicant should demonstrate compliance with this requirement. Cross-access/ingress-egress should be provided between all C-C zoned commercial lots in the subdivision and the Inglewood commercial uses to south via a note on the final plat. A private street application was submitted with this application for the internal private streets. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4. Staff has reviewed these standards a-ad it appears the A-1ppheafil ean eemply wi star ar-ds o pt for-the f llowing: or ex-eeedq the intent ef Me required standatW-s of th�q ardeLe and shall Hot be deP-iniental to the As is,the private street eonneetion to Eagle Rd. does not eur-r-ently meet an of the required standards and eannot be approved; a request for-alter-native eomplinnee may be submitt for-eonsider-ation by the Dir-eetor-. Staff r-eeommends the appheant submit the alter-native eomplianee applieation 15 days prior-to the City Couneil hearing.if the portion of Since the Eagle Road access is not part of the private street network,the applicant should depict the ingress/egress easement on the face of the plat to allow access to the platted private streets. Further,the plat should be revised to place the private street in a common lot rather than an easement. Sidewalks(UDC 11-3A-17): A 7-foot attached sidewalk exists along Eagle Rd. and will remain as part of the development. Where there are existing driveways being closed,the applicant is required to install curb, gutter, sidewalk and landscaping per UDC standards. Five-foot detached sidewalks are proposed along the internal local streets. Internal sidewalks are dispersed throughout the multi-family development. Staff has concerns with the residential units on the east side of Titanium Ave, specifically pedestrian safety. The residents on this side of the roadway will need to cross the street to gain access to the main amenities. Staff recommends that the applicant coordinate with ACHD and include decorative crossings through this roadway and provide traffic calming at the Titanium and Publisher intersection. Landscaping(UDC 11-3B): Street buffers are required to be provided as follows: A minimum 25-foot wide buffer is required along S. Eagle Rd. and a minimum 10-foot wide buffer is required along the private street in the C-C zoning district(east side of the southern-most building),measured per the standards listed in UDC 11-3B-7C.1 a. Landscaping is required within the street buffer as set forth in UDC H- 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. Depict landscaping within common open space areas as set forth in UDC 11-3G5B.3. There are existing trees on the site to be removed or that require mitigation. The landscape plan submitted with the final plat should include the detail mitigation plan in accord with UDC 11-3B-10. Storm Drainage(UDC 11-3A-I81: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction are required to follow Best Management Practices as adopted by the City. Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. Pressure Irrigation(UDC 11-3A-157: Underground pressurized irrigation water is required to be provided in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Street lights shall be installed in accord with the City's adopted standards, specifications and ordinances. Waterways(UDC 11-3A-6): No major facilities traverse the site. Comment letters from the irrigation districts indicate they don't have any facilities on this property but the property does have a valid right. Per Idaho State Statues,Title 42, local irrigation/drainage ditches that cross this property, in order to serve neighboring properties,must remain unobstructed and protected by an appropriate easement by the landowner, developer, and contractors. Fencing(UDC 11-3A-6 and 11-3A-D: All fencing is required to comply with the standards listed in UDC 11-3A-7. The applicant has provided a master fence plan that depicts the fencing styles and locations for the development. A combination of 6-foot tall solid,4-foot with 2 foot open-vison and 6-foot tall wrought iron fencing is proposed. With final plat submittal, any fencing proposed along Publisher and Titanium should be installed 10 feet from the property line. C. Conditional Use Permit(CUP): A Conditional Use Permit is requested for a multi-family residential development consisting of 131 dwelling units on 11.94 acres of land in the R-15 zoning district in accord with UDC Table 11-2B-2. The proposed development will have (24)2-story townhome units; (31)duplex units and(45) single detached units and clubhouse centrally located within the complex. The mix of units consisting of 1-(62),2-(53) and 3-(16)bedroom units ranging from 692 to 1,352 square feet in size. Specific Use Standards(UDC 11-4-3-27): The proposed use is subject to the following standards: (Staff's 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 VII.D depicts buildings a 20 foot buffer on the east and a 1 S foot setback on the north and south. 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 the average private open space for each unit is 353 sq.ft. Each duplex and detached single family unit include a patio and private yard ranging in size from 509 sq.ft. to 681. sq.ft. The townhome units each have 92 to 94 sq.ft. of private patio space. Staff finds each unit exceeds UDC requirements. 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 (see OS-1 Exhibit below). 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. The parking ratio the applicant used to calculate parking for this development doesn't meet the current multi family standards. However, this application was submitted prior to the adoption of the new ordinance so staff has analyzed the parking based on the previous standards. Based on the previous code the site was required to provide 191 total parking stalls with 90 of those being covered. Based on the parking calculations provided by the applicant, the residential portion of the development will have 236 spaces (in combination of carports, surface, driveways and garages)which exceeds code requirements. Further, on-street parking (approximately 50 spaces)will be available along Publisher and Titanium. The commercial portion of the development will have 55 parking spaces. "'n�M.Ti. adog a 10 foot Wde landseape buffer on the east boundary of the sotithern most eemmereial lot and a plaza amm. 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 applicant's narrative states that they are providing the required items noted above. 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 1.09 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 five(5) central common open space areas throughout the development in excess of this code 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 of 91 units contain between 500 and 1,200 s.f of living area; therefore, a minimum of 22,750 sf. (or 0.52 of an 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.A total of 40 units contain more than 1,200 sf.; therefore, a minimum of 14,000 sf. (or 0.32 acre) of common open space is required. At a minimum, a total of 36,750 sf. (or 0.84 of an acre) 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 1.93 acres of qualified open space is required(2.47 acres is provided). The revised open space exhibit submitted with applieatienafter the Commission hearing exceeds the minimum code requirement ftem the ealeulatiens as.thiy area doesn't meet Me minimum 20 feet dimens-iendl 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 green areas depicted on the revised open space exhibit in Section VILE 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 6 phases for occupancy purposes. 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, an outdoor lounge area, dog park, internal walking trails, community garden and passive open space areas.Another amenity should be included in the development since the applicant is proposing over 100 units. Of the amenities included in the development, there isn't one listed from the multi-modal category above. Therefore, staff recommends that the applicant add one additional amenity from the multi-modal category above and include the amenity on the site plan submitted with the certificate of zoning compliance application. 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. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed residential and commercial structures, included in Section VII.G. The residential units are proposed to be 1-or 2-stories in height, and the clubhouse and commercial buildings are also proposed to be a single-story in height;building materials consist of a stucco in various colors,culture stone accents in various colors,horizontal lap siding, and asphalt shingle roofing. Both the residential and commercial uses complement each other as desired in the MU-C designated area. Staff is supportive of the design for the development as proposed.As noted below compliance with the ASM is required. 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.Final design of all structures must comply with the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement,preliminary plat and conditional use permit with the provisions noted in Section V111, per the Findings in Section IX. The Director has approved the private street request. B. The Meridian Planning&Zoning Commission heard these items on April 6, 2023.At the public hearing,the Commission voted to recommend approval of the subject AZ,PP, and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Elizabeth Koeckeritz b. In opposition:None C. Commenting: Lorie Delaney,Dave Bailey,Matthew Riggs,Bev Montgomery,Jennifer Jenks,Ritis Skinner,Carl Koonz,and Leann Richardson d. Written testimony: See the public record. The City has received numerous letters in opposition of this project.Areas of concern-density,traffic congestion, and extension of the adjacent stub streets. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kurt Starman 2. Key issue(s)of public testimony a. Public safety for the residents in the assisted livingf acility. b. Extension of S. Titanium Ave and cut-through traffic. c. Traffic congestion in the area. 3. Key issue(s)of discussion by Commission. a. Extension of S. Titanium Ave. b. Traffic dispersion per the traffic study. C. Coordination with the adjacent property to the south on traffic calming measures in S. Titanium Ave. 4. Commission change(s)to Staff recommendation: a. Commission modified DA provision c.to require the plat to be recorded prior to the issuance of the first certificate of occupancy. b. Commission required the applicant and the property owner to the south to coordinate on traffic calming measures in S. Titanium Ave. C. Commission modified Public Works general condition of approval 2.9. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on May 9. and June 20,2023. At the public hearing the Council voted to approve the subject AZ.PP.and CUP requests. 1. Summary of the City Council public hearing: a. In favor: Elizabeth Koeckeritz and Matt Riggs b. In opposition:None C. Commenting: Eric and Carol Gabrielson d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Bill Nary 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Elimination of the drive-through b. Integration of the commercial and residential uses c. Developing the property with all residential units d. Dispersion of traffic through the development e. Inclusion of larger/more trees within the development to create a boulevard look and feel f. Cross access with the southern property 1= Hours of operation for the drive-through 4. City Council change(s)to Commission recommendation: a. Conditions of approval in Exhibit VIII.A updated per the memo dated June 15.2023. VII. EXHIBITS A. Annexation Legal Description&Exhibit Map Description for R-15 Zone Artisan Victory Market Subdivision June 9,2023 A portion of the Southwest 1l4 of the Southwest 1l4 of Section 21.Township 3 North, Range f East, Boise Meridian,Ada County,Idaho more particularly described as fr)IIrMR= Commencing at the V4 corner common to said Sections 20 and 21,T.3N., R_1 E.,B.M.,from which the Section corner common to Sections 20,21,28 and 29 T.314„ R,1 E.,B.M.,bears South 00100'26'East.2,700-16 feet,thence on the west boundary line of said Section 21,coincident with the centerine of S. Eagle Road, South 00'00'26' East, 1.350.01 feet to the South ills comer common to said Sections 20 and 21 and the REAL POINT OF BEGINNING; thence on the north boundary line of the 5outhwesl 10 of the Southwest 114 of said Section 21 coincident with the south boundary of Bancroft Square Subdivision as filed In Book 111 of Plats at Pages 16142 through 16144,records of Ada County, Idaho,South 89°22'03"East,800,06 feet to the west boundary line of Sutherland Farm Subdivision No.2 as filed in Book 89 of Plats at Pages 10242 through 10244,records of Ada County,Idaho;. thence on said west boundary line and the west boundary line of Sutherland Farm Subdivision No_ 1 as filed in Book 86 of Plats at Pages 9806 through 9806, records of Ada County,Idaho, South 00°00'26'East,786.42 feet to the Northeast oornerof Inglewood Place Subdivision No. 1 as filed in Book 120 of Plats at Pages 18035 through 188$7,records of Ada County,Idaho; thence on the north boundary line of said Inglewood Place gubc!Msion No. 1 and the westerly extension thereof,North 89°36'03"West,800.03 feet to the west boundary line of said Section 21,coincident with the centerline of S. Eagle Road: thence on said west boundary line.North 08°00'26"West, 769.68 feet to the REAL POINT OF BEGINNING. Carrtainirry 14.473 acres, more or less. End of Description. {'L ✓ANo c toss 1 779 ° r OF C3 R U1 Cck►� Page I of 1 1/4 ,s.20 s.21 - s�ei�: ip=aao' ' d 50 100 200 4c:] fll fievl faOlnt Bancraft ,Square Of Bitginning 5%1,bdzvig%Qn 51 f 1 f3 S89'22'03"E E00-015' ' ,S�Y.Eher2araoS Fmv�n W ENSub. No. 2 c'Q co N ±14.473 LLJ W W Acres g $ m � o Ln P z rA V) S�ttf�ertartd Farm fJ$9'36'03"4V 800.03' Unpdatled Inglewood Place Slab. !*o. r f� p� LAND S.20 &21 E,Viictary Road 11779 '4 S.29 S-28 Y �, y 94 ,, o ' Ad c C P, YI �� � Exhibit Drawing for Job . 186 BEEsw.ENERALDar. R-15 Zone ShaaL Nd. SURVEY � Bm&m-}iOa37°W Artisan Victor Market Subdivision Vn.v 1 (JP, LLC A portion of the 5W i/it cf the SW 1/4 el SKUan 21, L7w oo#■ T.3N., RAE. ELM.. talc C—t Idnhn 6/9/2M B. Preliminary Plat(dated: 03"�2310/22/2022) 11EL7'E=L1--1LIT FOR 1 ei# SS TI I -1 T 1= L-d�T SUBDMSION a !' s. 1 E I � I I ILi.i. l o I GLOCY L- HEET E -KEQ E I n l -....... - -IIEi -H III �� W .. ,.• - -E.I.EE I L-. EEE FILE u,c irm K c.cuc �---.Jf..—.._ - _ I BLOCK 2 L_ m _ - w 201, ....__ r — a ocKK I C. Landscape Plan&Fencing Plan(dated: 03�'�2306/07/2023) h. ;1 : r . Y. . : . Eli Yp , ---- � nip �z;� --- 7MMHWtCx.JH H �. . r�x•i I ARTISAN VICTORY MARKET „ice an MERIDIAN,I❑ CLIP LANDSCAPE PLAN III'II�I�I'll t: 9 f 3 �A I w I'd Tl Z LU AT F� �• ! CL a 4 i7` _ I I IL JJJJ � 7 e ... .. .. .. ' MATpILN!LP O 4 Q� F a PL.aNr 1°ALtrrC I.orEs KL1'HAP rums Ll y,�, � MnTC1iIlE 71 tr. i;i I'i'ICI II `y€ c 1 � , e a a f I , 11 f e j W { : _ II} m -- IIII, ,, - a zx ...:...... f ........:. Ia T��"...�. xT.:a• ::. Da:: „ F m is W I: a '4. :..:.:.::...:... x It . - 7 III .�tn�,. �..,,. .,.... U O...�.�.�.:. ..,. .. ...,:,.:...:.�....;...,.,.. v .� • Za J I y . PLAN�P a L�TTC 1.4TES KI '• Illyt I III I I IIII II IL„.„. �I lil�I•III .m I r'' I.I. III., «. Kc' MAP .II II III��I�II , II III IIIIII IIIIII II IIII�I� ;ii.'i �'��� 'uwscu� '�111Ih IYII'II�If I. I. ... •I.� L2 I, I IIIIII Ill' ir - - r iiirfi 17 Di .,.III IIII _._ nil 77II ;I'll ,.I. 1 I , IIIII IIIII 'lPf w J CL rLi o Z J - II IIIII III x o r�Ill" "'I'Eµ1:51I +II��i1Rl7ll C •4 IIII I Ill IIIII IIIII ' ��� .III17'!AI II II II,.IIII II. I��� II 01 t'F31�+!.K 14 II IIII II II e e •x .L9 PLANT F2ALt7Tt !NH amp Pi...... . .. ...... :w", 4 A'I V"'i" i......... w ITY"All.0 In 1:111H -1 H 11 .1 Lu dL M Lu I.ANIPBCAFE CALCULAMONS PE,/M.OPIMMr IPATA NOTLa > z z Yll: il.lA illi I LlUilhih-i Yi V"Y 6'l-7L T! .......... . M.P..",:rli r-41-,,1 OBTALS L4 ----------- MERIDIAN,ID CUP LANDSCAPE PLAN ARTISAN VICTORY MARKET JUNF7,— 0 D. Site Plan—Conditional Use Permit(dated: 03/1�5,1202306/09/2023) &Conceptual Phasing Plan for Multi-Family Development CONI)ITIONM,LSE PEMUT FOR ,I o Rp,F P. l jn, w_ HEET �:E>_ i ITI — • • • �.. d EE, E qq _ � RE i tYKu z' Q m Z i nu i s w I , I 1 > > w z z 0: a z n ® - 0 F a Qm --Fn1UIINAEY ENGIN111 FOR YI NiTISAN lZCTOEEMRY MAIi%F:T Lp Y i ARTISAN VICTORY MARKET-CONCEPT PHASING PLAN .. .e mom.. - - -Ph 12units r. _s.'-Phase 1 -- °� Phase 2 I f 37 units Phase 4 _ 14 units I, zwZ 12 und6 Ld W Z a > Ld q 0 i i j i i JP S > # Z z z J < w � Q aem W- E. Common Open Space Exhibit(dated: 03/,c 90230n/,9/202306/5/2023) OPEN SPACE EMBIT FOR a �f AIiT15 LV YICTOF1 11ARKET jp 1 _ O[: - I I �$ FL EM '8i" �� .�i I m •• �� 4 ,���. m ....Ih I = 1 'u� fl� iri 2 mWZ I. FN-FI- .� 0.u+,iiriii- pw —e Q E Ld > _ Ie _ g BL I/} *__ 0 d Z I. wFa d rc 4 i pam was- F. Site Amenity Exhibit for Multi-Family Development AMENITIES A-Clubhouse and Pod B-Dog Pare A-Schematic Clubhouse and Pool C-Playground D-Community Gardens E-Open Space — - 1= - B-Dog Park .gyp A C-Playground D-Community Gardem y G. Conceptual Building Elevations&Perspectives for Multi-Family Development MODERN .T CRAFTSMAN VICTORY VARKI I CLUBHOUSE DErd r BARON -i U M M E_ RIP ROOF MODERN CRAFTSMAN . _ 1 BED 1 BATH DUPLEX EINE NNN SINGLE SLOPE ROOF MEN _ FINN --- - EINE Now BARON IAUM M EL HIP ROOF MODERN CRAFTSMAN 2 BED 2 BATH TYPE A FINE MEN SINGLE SLGVE HOOF LIE= mom .k LINE] BARON u M r-1 HIP HOOF - - MODERN- -CRAFTSMAN 2 BED 2 BATH GARAGE MEL] SINGLE SLOPE aooF FINE a EME Now BARON HUMMEL MODERN CRAFTSMAN 3 BED 2BATH LINE MEN [AME u�y, BARON P U M M E L MODERN CRAFTSMAN TOWN[IOUSES-6 PLEX FINE MEN MINE e -1 :: ❑❑® 1 A BARON ,UMMEL MODERN CRAFTSMAN HAHHI I ENTRY FEATURE pr -� BARON PUMMEL _ MODERN CRAFTSMAN GARAGE-STORAGE BUILDING MEN E:]E]7 NEU BARON 11 U M M E L 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 appheapA sha4l inelude a pla-za area in the commer-eial area tha4 ties in with the epe ifAegrate the two open spaees. A pedem*ian shall also be provided to the c. The final plat shall be recorded prior to issuance of Wilding pem itsthe first certificate of occupancy for any structures within this development. d. The site shall be r-estr-4 eted to only one drive through on the property as proposed. Conditional use per- - B required prior-to eommeneement of the use. Preliminary Plat: 2. The final plat shall include the following revisions: a. Ineltide a note granting er-ess aeeesshngfess egfess easements between all eemmer-eial lots in the sWadivision,Inglewood S4divisiea to the seiAh, and Eagle Read via a note OR the 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 25 foot wide buffer is required along S. Eagle Rd per the standards listed in UDC 11-3B-7C.1. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Landscaping is required within the street buffer as set forth in UDC 11-3B-7C. (See updated standards) b. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3. installed 10 feet 4,,m the p petty lifie- 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-7 for the R-15 district and UDC Table 11-2B-3 for the C-C 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. The landscape plan submitted with the final plat shall include the detail mitigation plan in accord with UDC 11-3B-10. 7. All structures on the property shall be removed for the site with development of the subdivision. 8. Comply with all ACHD conditions of approval. 9. Comply with the private street standards in UDC 11-3F-4. The proposed private streets shall be in a common lot. if the private street is proposed t it#er-seet Eagle Rd. ply f r 10. Staff has concerns with the residential units on the east side of Titanium Ave, specifically pedestrian safety. The residents on this side of the roadway will need to cross the street to gain access to the main amenities. The applicant shall coordinate with ACHD and include decorative crossings through this roadway and provide traffic calming at the Titanium and Publisher intersection.This also includes coordinating with the property owner to the south as testified at the public hearing. Conditional Use Permit: 11. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development. 12. The site/landscape plans included in Section VII shall be revised as follows: a. All shafed driveways aleng the east side ef Titanium shall be a ffliaiawffl width ef 20 fee gar-ages. b. 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. c. 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- 2 7B.7. d. Remove the 15 feet linear-open spaee along the seu4hei%pr-epei4y boundafy fFem the "alifying open spaee ealeuWiens. A new open spaee exhibit is fe"ir-ed 15 days prior-to open spaee standards. e. Depict landscaping along all the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27E. f. 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 two central locations as proposed. g. Depict a minimum of 3052-3,6 parking spaces for the multifamily development as proposed. h. Provide amenities for the development as shown in Exhibit VII.F. The applicant shall provide another amenity from the multi-modal category and provide a detail of the amenity with the CZC submittal. i. 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-5134; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. j. The applicant shall relocate the trash enclosure located on the north side of the parking lot east of the pool and install a 5-foot wide sidewalk to provide a more direct connection to the children play structure. 13. 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. 14. 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. 15. hi 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. 16. 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. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Project must submit Phasing Memo with construction drawings per Land Development Notes associated with PREAPP-2021-0192. If project will be phased for occupancy,then separate Land Development record will need to be submitted for review of the public utilities with each phase. 2. A streetlight plan will be required for the development of this property. 3. Remove main for manhole 133 and 134. Run sewer service directly to building for apartment buildings. 4. Provide turn around area for manhole F 1 (turn around approximately the same as fire truck). 5. Common Driveways with four or more lots need to have a private sewer line that will be the responsibility of the HOA. A manhole in the common driveway located at the property boundary is required with a lid that states Private. 6. Sewer easement width varies depending on sewer depth. Sewer 0-15 ft deep require a 20 ft easement, 16-20 ft a 30 ft easement, and 21-30 ft a 40 ft easement. Also see general note three under Public Works General Conditions of Approval for additional easement requirements. 7. When sewer and water easements are combined the width of the easement will vary 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. 8. For water and sewer in parallel,if sewer depth is greater than 15', locate water main 5 ft from edge of easement and center the sewer main between the water main and other edge of easement. 9. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. 10. Ensure no sewer services pass through infiltration trenches. 11. Avoid having the water meters in hardscape. First option would be to have them in landscaping where we can have at least 10 ft separation from the building and 10 ft easement(we are ok with extended pigtails). If there is no suitable landscaping to meet that requirement then place the meters as far from the building as possible and provide as close to 10 ft as possible. 12. Applicant to ensure that services up to the water meter have 20 ft easement. Carports and other permanent structures cannot be with in easement. The areas of concern are the units north of Loon Creek Ln and Publisher Ln. 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 Prior to vertical permit acceptance/receipt, street signs are to be in place, sanitary sewer may be installed/inspected in part or in whole (but not required as activated or fully approved as not necessary for site safety), and water systems activated and approved as related to hydrant locations,road base installed and approved for use and capacity of 80,000 lb. vehicle,prior to payment or receipt of vertical building permits.Vertical building permit plan sets may be submitted and reviewed/approved prior to horizontal acceptance of above listed requirements. However, approved plan sets may not be paid for or collected until horizontal acceptance. This stipulation does not pertain to garage buildings or vertical structures located within the driveways,drive isles, or site roads to be constructed. Garage buildings or vertical structures located within the driveways,drive isles or site roads are allowed to proceed with plan submittals,reviews and approvals along with permit payment and receipt, and can be constructed concurrent with completion of horizontal requirements for the site, and be permitted prior to horizontal acceptance to minimize access impact in regard to the emergency access of the site. , shall be appr-eved a-ad aefivated,read base appr-eved by the Ada Ceth,#y Highway Distfiet a-ad the Final Plat for-this subdivision shall be r-eeer-ded,-prior-to applying for-building pemlits. 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.meridiancity.org/public—works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, 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.meridianciV.o.-glWebLinkIDocView.aspx?id=281216&dbid=0&repo=MeridianCit X Meets all Fire Dept.requirements and is across the street from Station#4. D. POLICE DEPARTMENT No comments have been received. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=282300&dbid=0&repo=MeridianCit &y cr--1 F. WEST ADA SCHOOL DISTRICT(WASD) h yps://weblink.meridianciV.org/WebLink/Doc View.aspx?id=289314&dbid=0&repo=MeridianCit X G. BOISE PROJECT BOARD OF CONTROL h yps://weblink.meridianciV.org/WebLink/Doc View.aspx?id=282195&dbid=0&repo=MeridianCit X H. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancity.org/WebLink/DocView.aspx?id=285810&dbid=0&repo=MeridianCit X I. PARK'S DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=281205&dbid=0&repo=MeridianCit y&cr=1 J. COMMUNITY DEVELOPMENT SCHOOL IMPACT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=286761&dbid=0&repo=MeridianCit X K. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/DocView.aspx?id=282820&dbid=0&repo=MeridianCit X L. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciLy.orglWebLinkIDocView.aspx?id=286497&dbid=0&repo=MeridianCit X M. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=290332&dbid=0&repo=MeridianCit N. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=290332&dbid=0&repo=MeridianCit &y cr--1 IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds the proposed zoning map amendment to the R-15 zone and subsequent development is generally consistent with the Comprehensive Plan and the MU-C FL UM designation. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds the proposed map amendment will allow for the development of residential uses which will contribute to the range of housing opportunities in the City consistent with the purpose statement of the 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 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 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 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 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 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 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 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 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 Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(UDC 11-5B-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 Council finds that the subject property is large enough to accommodate the proposed uses and dimensional and development regulations of the R-1 S zoning district(see Analysis, Section Vfor 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 Council finds that the proposed use is consistent with the future land use map designation of MU-C. 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 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 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 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 Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. D. Private Street(UDC 11-3F-5) In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The Director finds the proposed design of the private streets does comply with all of the standards listed in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity; and Staff does not anticipate the proposed private streets would cause damage hazard or other detriment to persons,property or uses in the vicinity if the streets are designed and constructed in accord with the standards listed in UDC 11-3F-4B. The adjacent neighborhoods will still have access through the development via a local street networkfor a portion of the site. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director finds the use and location of the proposed private streets does not conflict with the regional transportation plan. A local street network is being provided with the development to provide connectivity with adjacent neighborhoods which is desired in the Comprehensive Plan. 4. The proposed residential development(if applicable)is a mew or gated development. This finding is not applicable as this a multi family development and not a mew or gated development. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Republic Services Rate Review REPUBLIC SERVICES Sustalnabillty In Action MEMORANDUM TO: Meridian City Council FROM: Bob Bennett, General Manager, and Margaret Mingura, Finance Manager, Republic Services of Idaho DATE: August 8, 2023 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. High-level Summary by Category: ■ CPI Adjustment Methodology- 7.088% increase, 90% of CPI ■ Reroute Productivity- ($0.07) reduction to residential rates per month ■ Transfer Station Redesign - ($0.02) reduction to transfer station rates per month ■ Household Hazardous Waste (HHW) - $0.05 increase per household per month ■ Recycling Service Charge - 8.6% increase ■ Glass Recycling Service Charge - $0.02 per household per month ■ Disposal - 10.34% increase ■ Volumetric Excise Tax Credit (VETC) - ($0.13) reduction to residential rates will carry over for FY2024 CPI Adjustment Methodology Our contract allows non-disposal costs to be adjusted annually based upon Ninety(90) percent of the net percentage change for May in the Consumer Price Index(CPI)for Garbage Trash. This year's change in CPI (at 90%) is 7.088%. The average CPI adjustment is $1.18 per household per month plus tax. The commercial impact varies and is based on container size and frequency of collection. Reroute Productivity Republic Services is currently analyzing and adjusting residential routing to improve productivity. This results in a ($0.07) decrease to residential monthly household rates. Transfer Station Redesign The Meridian Transfer Station is currently under construction for a redesign. Project completion is estimated to be November 2023. The expected productivity results in a ($0.02) monthly decrease in transfer station rates. 11101 W.Executive Dr.Boise,ID 83713 I RepubIicServices.com I Environmental Services,Recycling&Waste REPUBLIC SERVICES Sustalnabillty In Action Household Hazardous Waste Residential 2023 rates include an amount for household hazardous waste (HHW) of $0.18 per household per month. A reconciliation of actual HHW costs and the amount collected from residents was performed. The May 2023 trailing-twelve-month (TTM) net result is an amount due to Republic Services of $19,980.15. This amount will remain on account and be included in the ongoing reconciliation. The current run rate is $0.23 per household per month and supports an increase of $0.05 in residential rates for FY2024. Recycling Service Charge The recycling processing fee increased 7.2% (from $104.61 to $112.14) per ton and reflects the current economic impact on the recycling sector(i.e., increased transportation and labor costs).Additionally,we are expecting an additional 1.41% increase effective October 1", 2023. Republic Services sustained unreimbursed recycling cost of $753,869.32 for Meridian City's residential recycling program over the prior 12 months (May 2023 TTM). Republic Services requests to increase the per household per month rate for residential by $0.10. These charges include related Meridian City franchise fees based on the total amount billed to customers and have been reviewed with the Meridian City staff. Glass Recycling Service Charge The City of Meridian's glass recycle processing and hauling fees are currently invoiced by Republic Services separately each month. Republic Services currently shares 50% of the hauling costs and will continue to for FY2024. To incorporate Meridian's costs into the residential rates is$0.02 per household per month. Disposal Ada County Landfill originally signaled a 25% rate increase to $36.25 per ton for disposal. However, the Ada County Commissioners are now expected to increase this rate by 10.34%(from $29 to $32)effective October 1", 2023. The average disposal increase is $0.22 per household per month. The commercial impact varies and is based on container size and frequency of collection. Volumetric Excise Tax Credit(VETC) on CNG Powered Trucks The Federal Government once again awarded the alternative fuel tax credit for compressed natural gas as an alternative fuel source. This tax credit is shared with Meridian City residents as a credit to the monthly rate. The credit for the Meridian contract was $67,879. This amount is reflected in the residential rate sheet as a credit for 95-gallon of$0.13, 65-gallon cart of$0.13 and 48-gallon of$0.13. VETC was extended through December 31, 2022. 11101 W.Executive Dr.Boise,ID 83713 l RepubIicServices.com l Environmental Services,Recycling&Waste REPUBLIC SERVICES Sustalnabillty In Action Residential Impact Per Customer The total proposed monthly increase for residential customers with 95-gallon carts is $1 .67 comprised of: ■ CPI - increased $1 .19 ■ HHW- increased $0.05 ■ Recycling processing fee pass through - increased $0.10 ■ Glass - addition $0.02 ■ Disposal fee pass through - increased $0.32 ■ VETC - decreased ($0.02) ■ Sales tax - unchanged Proposed Residential • • 2024 48-gal 65-gal 95-gal Service Cost $ 0.92 $ 0.93 $ 0.94 Ada County Disposal $ 0.12 $ 0.22 $ 0.32 Transfer Station $ (0.01) $ 0.07 $ 0.16 VETC $ (0.02) $ (0.02) $ (0.02) Carts $ 0.09 $ 0.09 $ 0.09 Household Hazardous Waste $ 0.05 $ 0.05 $ 0.05 Recycling $ 0.10 $ 0.10 $ 0.10 Glass $ 0.02 $ 0.02 $ 0.02 Sales tax $ - $ - $ - Customer Rate $ 1 .27 $ 1.47 $ 1 .67 11101 W.Executive Dr.Boise,ID 83713 I RepubIicServices.com I Environmental Services,Recycling&Waste E NDIANI_'__�_� 'aAHO ! - AGENDA ITEM ITEM TOPIC: Community Development: ACHD Integrated Five-Year Work Plan 2024-2028 Draft C� fIEN .D L4,, MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date: August 15, 2023 Presenter: Miranda Carson Estimated Time: 10 minutes Topic: Community Development: ACHD Integrated Five-Year Work Plan 2024-2028 Draft The ACHD Integrated Five Year Work Plan 2024-2028 initial draft is open for public comment. The intent of this discussion is to make a Council aware of the draft as compared to previous version and City priorities. Attached is a table of projects as prioritized and submitted to ACHD for the IFYWP 2024-2028 compared to the initial draft we received.The"Initial Draft" column has the information from ACHD (DS="Design", RW="Right Of Way", CN="Construction"), "Advance or Delay" includes whether construction of our request was advanced or delayed from the previous IFYWP 2022-2026, and the final column is clarifying information still needed from ACHD. The full ACHD project webpage is here: https:[lengage.achdidaho.org/integrated-five-year-work- plan-ifywp. Some highlights from the draft: • Linder Road Overpass and Widening was advanced. • There was delay at some phase of 7 projects in the City's Top 10 Roadway and Intersection priorities. • While Ten Mile at Cherry was scoped, no funding year was assigned to any phase of the project. • A Community Programs project that would completed sidewalks on McMillan Rd, Goddard Creek to Wild Goose Way has been removed from the plan. This is in our top 3 Community Programs requests. ACHD's comment deadline is August 16th. A letter commenting on the draft reiterating City Council's approved priorities (approved in February 2023) will be sent to ACHD. Mayor Robert E. Simison E IDIAN Gity Council Members: ti Joe Borton John Overton Liz Strader Jessica Perreault Brad Hoaglun Luke Cavener August 16, 2023 The Honorable Alexis Pickering President Ada County Highway District 3775 Adams Street Garden City, ID 83714 Dear Commission President Pickering, In response to the draft of the 2024-2028 Integrated Five Year Work Plan (IFYWP) released on July 24, 2023,please find comments from the City of Meridian. We understand there are competing priorities and a wide-range of needs throughout Ada County which must be taken into consideration as part of this process. We appreciate and support the position of Ada County Highway Districts (ACHD) to move the Linder Road overpass project forward to construction as quickly as possible, and your collaboration with the Idaho Transportation Department. This is an important project to Meridian, our businesses and is regionally significant. Separately, we have significant concerns of projects that were either removed from the plan, or proposed for delays in the currently draft. Maintaining planned progress on local road and intersection projects including: Locust Grove, Fairview to Ustick; Victory, Locust Grove to Eagle; Ustick, Ten Mile to Linder; and Ten Mile at Cherry improvements are crucial. Delay of these important road and intersection projects will further erode the Meridian and Ada County transportation network. Additionally, the Community Programs project that would complete sidewalks on McMillan Road from Goddard Creek to Wild Goose Way has been removed from the draft plan. This is a crucial project that was in our top three Community Programs requests, and we ask that this safety project return to the programming list. While we understand that funding for projects is limited in each programming cycle, we are concerned over the number of projects that are proposed for delay in various phases over previous programming timelines. To that, we encourage ACHD to work with our local partners as development occurs, finding collaborative solutions to bring road improvements online with development projects as a means to help advance transportation needs outside of the standard IFYWP process. Mayor's Office . 33 E.Broadway Avenue,Meridian,ID 83642 Phone 208-489-0529 . www.meridiancity.org Commission President Pickering Page 12 Thank you for your time and consideration of our request. Our comments continue to reflect the City's positions from February 2023, and our prioritization of requests reflects areas of our community where we are currently experiencing and anticipate growth. Please feel free to contact Miranda Carson, 208-884-5533, if you have any questions regarding this letter. Sincerely, Robert E. Simison Brad Hoaglun Joe Borton Mayor City Council President City Council Vice President Luke Cavener John Overton Jessica Perreault Liz Strader Council Member Council Member Council Member Council Member cc: Ada County Highway District Commissioners Bruce Wong, Director, Ada County Highway District Miranda Carson, Comprehensive Associate Coordination Planner, City of Meridian Progra City of Meridian 2023 Overall Project Prioritization funding for Parks referred Non-ACHD Projects fundin in previous P J rw 2023 • Implementation Project Clarifying information still needed Ranking Agency Project Name Agency Project Description • Cc T11 Name from Comments for ACHD Roads & Intersections Widen Linder Rd to 5 lanes and construct a new 4-lane 1-84 overpass, including curb, DS:2023-2024 gutter,sidewalk, and bike lanes in accordance with the 2016 CIP. Project would be a RW:2024-2025 Linder Rd,Overland Rd/Franklin 1 Linder Rd, Overland Rd/ Franklin Rd joint project between ACHD and ITD 2022 Future Future CN:2026 Unfunded Rd Widen Locust Grove Rd to 5 lanes with curb, gutter, sidewalk and bike lanes in 2020- Locust Grove Rd,Victory Rd/ 2 Locust Grove Rd,Victory Rd /Overland Rd accordance with the 2016 CIP. 2019 2021 2023 DONE Overland Rd DS:2028-2029 Locust Grove Corridor 8:Locust Widen Locust Grove Rd to 3 or 5 lanes with curb, gutter, sidewalk, and bike lanes in RW:Future Grove Rd,Fairview Ave/Ustick 3 Locust Grove Rd, Fairview Ave/ Ustick Rd accordance with the 2016 CIP.Include enhanced crossing at Chateau Dr. 2026 Future Future CN:Future Rd DS:2020-2023 Widen intersection to 9 lanes on Fairview Ave and 7 lanes on Locust Grove Rd, 2020- 2022- RW:2024 4 Fairview Ave and Locust Grove Rd including curb,gutter,sidewalk,and bike lanes in accordance with the 2016 CIP. 2021 2023 2025 CN:2028 Unfunded .I. Fairview Ave and Locust Grove Rd DS:2027-2028 Widen Victory Rd to 3 lanes with curb,gutter,sidewalk, and bike lanes in accordance RW:Future Victory Corridor A:Victory Rd, 5 Victory Rd, Locust Grove Rd / Eagle Rd with the 2016 CIP. 2025 2026 Future CN:Future Locust Grove Rd/Eagle Rd DS:2022-2023 Widen Ustick Rd to 5 lanes with curb, gutter, sidewalk, and bike lanes in accordance RW:2025 6 Ustick Rd,Ten Mile Rd/ Linder Rd with the 2016 CIP. 2022 2023 2024 CN:2026 Unfunded .I. Ustick Rd,Ten Mile Rd/Linder Rd Extended to Pine D5:2026 Widen Linder Rd to 3 lanes with curb, gutter, sidewalk, and bike lanes in accordance 2026- RW:2028 North Meridian Improvements A: 7 Linder Rd,C+erry-Lrr Pine/Ustick Rd with 2016 CIP. 2025 2027 Future CN:Future Linder Rd,Cherry Ln/Ustick Rd DS:2028-2029 Widen Locust Grove Rd to 5 lanes with curb,gutter,and pedestrian and bike facilities. RW:Future Locust Grove Corridor 8:Locust 8 Locust Grove Rd,Amity Rd /Victory Rd Include crossings at Palermo and Wrightwood. 2026 Future Future CN:Future Grove Rd,Amity Rd/Victory Rd DS:2027-2028 Victory Corridor A:Victory Rd,SH Widen Victory Rd to 3 lanes with curb, gutter, sidewalk, and bike lanes in accordance RW:Future 69(Meridian Rd)/Locust Grove 9 Victory Rd, Meridian Rd /Locust Grove Rd with the 2016 CIP. 2025 2026 Future CN:Future Rd DS:Future Intersection improvement project which includes widening the west and south legs to six RW:Future North Meridian Improvements 8: 10 Ten Mile Rd/Cherry Ln (6)lanes,the east leg to seven(7)lanes and the north leg to five(5)lanes. CN:Future Cherry Ln and Ten Mile Rd DS:Future RW:Future South Meridian Improvements 8: 11 Eagle Rd /Overland Rd Intersection improvements to include dual left turn lanes. Future Future Future CN:Future Overland Rd and Eagle Rd McMillan Rd,SH 69(Meridian Rd) 1 M McMillan Rd, Meridian Rd/ Locust Grove Rd Widen McMillan Rd to 3 lanes with curb,gutter,sidewalk,and bike lanes. /Locust Grove Rd Widen McMillan Rd to 3 lanes with curb, gutter, sidewalk, and bike lanes. Install an enhanced crossing (pedestrian hybrid beacon) and widened shoulders on McMillan Road at the Summit Way intersection in order for pedestrians/bicyclists traveling along McMillan Rd,Linder Rd/SH 69 13 McMillan Rd, Linder Rd /Meridian Rd local roads to access Settlers Park. (Meridian Rd) Victory Rd and Locust Grove Rd Construct a multi-lane roundabout with 2 lanes on Locust Grove legs and 1 lane on 2019- 2020- Victory Rd and Locust Grove Rd 14 Roundabout Victory legs in accordance with the 2016 CIP. 2020 2021 1 2023 DONE I lRoundabout DRAFT Page 1 of 10 ACHD Implementation Project Clarifying information still needed Ranking Agency Project Name Agency Project Description iden Locust rove to anes witn cur , gutter, siciewalk, and bike lanes in accordance with the 2016 CIP. Install an enhanced crossing (pedestrian hybrid DS:2027-2028 beacon)on Locust Grove Road at Heritage Park Street, access for Meridian Technical RW:Future Locust Grove Rd,Ustick Rd/ 15 Locust Grove Rd, Ustick Rd/ McMillan Rd Charter High School 2025 2026 Future CN:Future McMillan Rd Widen Meridian Rd to 3 lanes with curb, gutter, sidewalk, and bike lanes in DS:2027-2028 accordance with the 2016 CIP.Install an enhanced pedestrian crossing of Meridian Rd RW:Future Meridian Rd,Ustick Rd/McMillan 16 Meridian Rd, Ustick Rd/ McMillan Rd at/near Settlers Park entrance and Sundance Subdivision micropath. 2025 2026 Future CN:Future Rd DS:2022-2024 RW:2024 17 Ustick Rd and Black Cat Rd Construct a dual lane roundabout in accordance with the 2016 CIP. 2022 2023 2024 CN:2025 Unfunded .I. Ustick Rd and Black Cat Rd DS:2022-2023 RW:2024 Ustick Rd,Black Cat Rd/Ten Mile 18 Ustick, Black Cat to Ten Mile Widen to 5 lanes with curb,gutter,sidewalk,and bike lanes. 2022 2023 2024 CN:2025 Unfunded .I. Rd DS:2023-2024 RW:2027-2028 19 Amity, Meridian to Locust Grove Add pedestrian/bike facilities with widening. CN:Future DS:2028-2029 Widen black Cat to 5 lanes with curb,gutter,and pedestrian and bike facilities.Include RW:Future Blact Cat Rd,Franklin Rd/Cherry 20 Black Cat, Franklin to Cherry gated rail road crossing and enhanced pedestrian crossing at W Aviator St. CN:Future Ln Widen intersection to 5/6 lanes on Black Cat Rd and 5 lanes on Cherry Ln in 21 Cherry Ln and Black Cat Rd accordance with the 2016 CIP. Cherry Ln and Black Cat Rd 22 Cherry Ln and McDermott Rd Widen intersection to 3 lanes on McDermott and 5 lanes on Cherry. Cherry Ln and McDermott Rd 23 Cherry, Black Cat to McDermott Widen Cherry Ln to 5 lanes with curb,gutter,sidewalk,and bike lanes. Fairview Ave, SH 55 (Eagle Rd)/Cloverdale Widen Fairview Ave to 7 lanes with curb, gutter, sidewalk, and bike lanes in Fairview Ave,SH 55(Eagle Rd)/ 24 Rd accordance with the 2016 CIP. Cloverdale Rd Widen Fairview Ave to 7 lanes with curb, gutter, sidewalk, and bike lanes in Fairview Ave,Meridian Rd/ 25 Fairview Ave, Meridian Rd /Locust Grove Rd accordance with the 2016 CIP. Locust Grove Rd Ten Mi e R ,Amity R Victory 26 Ten Mile Rd,Amity Rd /Victory Rd Widen Ten Mile Rd to 5 lanes with curb,gutter,sidewalk,and bike lanes. lRd Widen intersection to 4 lanes on Amity and 314 lanes on Black at in accor ance 27 Amity Rd and Black Cat Rd with the 2016 CIP. Amity Rd and Black Cat Rd 28 McMillan Rd and Star Rd Construct a multi-lane roundabout in accordance with the 2016 CIP. McMillan Rd and Star Rd 29 Amity Rd and Linder Rd Construct a single-lane roundabout in accordance with the 2016 CIP. Amity Rd and Linder Rd Widen and improve pedestrian facilities. Some segments are already planned for improvement; having the full block complete would provide better connections to Lake Hazel Rd,Locust Grove Rd/ 30 Lake Hazel, Locust Grove to Eagle adjacent development and amenities. Eagle Rd DRAFT Page 2 of 10 ' . 10 Implementation Project Clarifying information still needed DescriptionRanking Agency Project Name Agency Project Widen intersection to 4 lanes Linder Rd and 5/6 lanes on Cherry Ln in accordance with 31 Cherry Ln and Linder Rd the 2016 CIP. Cherry Ln and Linder Rd Improve safety and traffic operations along Fairview Ave in accordance with the Fairview Ave Corridor Fairview Ave Corridor Management, Linder Fairview Avenue Corridor Management Strategy. Project may include bicycle and Management Linder Rd/ 32 Rd /Orchard St pedestrian facilities and other access management treatments. Orchard St Extend roadway and construct streetscape improvements, including curb, gutter, East 03rd St Extension, Carlton St/ Fairview sidewalk, and improved UPRR crossing, from Carlton Ave to Fairview Ave in East03rd St Extension,Carlton St 33 Ave(Phase 2) accordance with the Downtown Meridian Neighborhood Plan. /Fairview Ave Extend roadway from its current terminus at NE 6th Street to Stonehenge Way/ Broadway Ave/Idaho Ave Broadway Ave/Idaho Ave Extension, East Commercial Drive and construct streetscape improvements, including curb, gutter, Extension,06th St/Locust Grove 34 06th St/ Locust Grove Rd sidewalk. Rd DS:2027-2028 Widen Meridian Rd to 3 lanes with curb, gutter, sidewalk, and bike lanes in RW:Future Meridian Rd,McMillan Rd/US 35 Meridian Rd, McMillan Rd/Chinden Blvd accordance with the 2016 CIP. 2025 2026 Future CN:Future 20126(Chinden Blvd) DS:2020 Widen and signalize intersection to 4/5 lanes on Eagle and 315 lanes on Lake in 2022- RW:2022-2023 36 Lake Hazel Rd and Eagle Rd accordance with the 2016 CIP. 2020 2023 2024 CN:2024 Lake Hazel Rd and Eagle Rd DS:2027-2028 RW:Future Victory Corridor D:Victory Rd, 37 Victory, Linder to Meridian Widen to 3 lanes with curb,gutter,sidewalk,and bike lanes. 2026 Future Future CN:Future Linder Rd/SH 69(Meridian Rd) DS:2024-2025 RW:2027-2028 Franklin Corridor A:Franklin Rd, 38 Franklin Rd, McDermott Rd / Black Cat Rd Widen Franklin Rd to 5 lanes with curb,gutter,sidewalk,and bike lanes. 2026 Future Future CN:Future McDermott Rd/Black Cat Rd Widen Linder Rd in accordance with the 2016 CIP. Cross section to be determined DS:2024-2025 39(ACHD Linder Rd, Chinden Blvd (US 20/26)/SH 44 through concept design. Project includes bridges#!078 0203-3,0203-4,#2035, and 2024- RW:Future Linder Rd,Chinden Blvd(US Split) (State St) Middle Phase 4203-6.Include bike and pedestrian facilities in this project. 2025 2026 Future CN:Future 20126)/SH 44(State St) Widen Linder Rd in accordance with the 2016 CIP. Cross section to be determined DS:2024-2025 39(ACHD Linder Rd, Chinden Blvd (US 20/26)/SH 44 through concept design. Project includes bridges #1078, #2033, #2034, #203-5 and 2024- RW:2027-2028 Split) (State St)South Phase 42636..Include bike and pedestrian facilities in this project. 2025 2026 Future CN:Future DS:2020-2021 Fairview Ave, Locust Grove Rd /SH 55 Widen Fairview Ave to 7 lanes with curb, gutter, sidewalk, and bike lanes in 2020- 2022- RW:2023-2024 Fairview Ave,Locust Grove Rd/ 40 (Eagle Rd) accordance with the 2016 CIP. 2021 2023 2025 CN:2028 Unfunded .� SH 55(Eagle Rd) DS:2021-2023 2021- RW:2027 41 McMillan Rd and Black Cat Rd Construct a multi-lane roundabout in accordance with the 2016 CIP. 2022 2022 Future CN:2028 Unfunded McMillan Rd and Black Cat Rd 42 Meridian/Overland Signal improvements to the intersection DRAFT Page 3 of 10 ' - • Implementation Project Clarifying information still needed DescriptionRanking Agency Project Name Agency Project DS:2024-2025 RW:2027-2028 North Meridian Improvements B: 43 Franklin Rd and McDermott Rd Construct a single-lane roundabout in accordance with the 2016 CIP. Future Future Future CN:Future Franklin Rd and McDermott Rd DS:2024-2025 Widen intersection to 3 lanes on McDermott and 4 lanes on Ustick in accordance with RW:2026-2027 44 Ustick Rd and McDermott Rd the 2016 CIP. 2026 Future Future CN:2028 Unfunded Ustick Rd and McDermott Rd Widen and signalize intersection to /4 lanes on McDermott and 3 lanes on in 45 McMillan Rd and McDermott Rd accordance with the 2016 CIP. McMillan Rd and McDermott Rd DS:2027-2028 RW:2028 This should be in the Meridian Table. 46 Ustick Rd and Star Rd Construct a single-lane roundabout in accordance with the 2016 CIP. CN:Future Ustick Rd and Star Rd It is on the map as a project. 47 Ten Mile Rd and Chateau Dr Signalize intersection. Ten Mile Rd and Chateau Dr Lae Hazel Rd and Locust Grove 48 Lake Hazel Rd and Locust Grove Rd Construct a single-lane roundabout in accordance with the 2016 CIP. DONE Rd DS:2023-2024 Widen and signalize intersection to 3/4 lanes on Locust Grove and 5/6 lanes on Amity 2021- RW:2027-2028 49 Amity Rd and Locust Grove Rd in accordance with the 2016 CIP. 2025 2022 2025 CN:Future Amity Rd and Locust Grove Rd 50 Victory Rd and Linder Rd Construct a single-lane roundabout in accordance with the 2016 CIP. Victory Rd and Linder Rd DS:2027-2028 Locust Grove Corridor A:Locust Locust Grove Rd, McMillan Rd/Chinden Widen Locust Grove Rd to 3 lanes with curb, gutter, sidewalk, and bike lanes in RW:Future Grove Rd,McMillan Rd/US 51 Blvd (US 20/26) accordance with the 2016 CIP. 2025 2026 Future CN:Future 20/26(Chinden Blvd) Extended to Owyhee Storm Corridor improvement project which includes widening from two(2)to five(5)lanes and DS:2024-2025 Ustick Rd, McDern-ottOwyhee Storm/ constructing enhanced pedestrian and bike facilities on both sides of the roadway RW:2026-2027 Ustick Rd,McDermott Rd/Black 52 Black Cat Rd including a pedestrian crossing at Owyhee Storm. 2026 Future Future CN:2028 Unfunded Cat Rd 53 Pine, Linder to Meridian Widen to 3 lanes with curb,gutter,sidewalks and/or multi-use or mixed-use bikeway. Pine Ave,Linder Rd/Meridian Rd 54 Eagle Rd /Fairview Ave Not provided Eagle Rd and Fairview Ave 55 Lake Hazel /Discovery Park Intersection improvements requested at entrance to Discovery Park. Lake Hazel Rd and Discovery Park DS:2025-2026 RW:2027-2028 Amity Corridor B:Amity Rd,Eagle This should be in the Meridian Table. 56 Amity, Eagle to Cloverdale Widen to 5 lanes with curb,gutter,sidewalk,and bike lanes. 2026 Future Future CN:Future Rd/Cloverdale Rd. It is on the map as a project. DS:2025-2026 Widen to 5 lanes with curb,gutter,sidewalk and pedestrian and bike facilities.Include RW:2027 Amity Corridor B:Amity Rd, This should be in the Meridian Table. 57 Amity, Locust Grove to Eagle enhanced pedestiran crossing at Ten Mile Creek pathway crossing. 2026 Future Future CN:Future Locust Grove Rd/Eagle Rd It is on the map as a project. Victory Rd,Ten Mile R /Linder 58 Victory,Ten Mile to Linder Widen to 3 lanes with curb,gutter,and pedestrian and bike facilities. Rd 8 act Cat Rd,Cherry Ln Ustick 59 Black Cat, Cherry to Ustick Widen black Cat to 5 lanes with curb,gutter,and pedestrian and bike facilities. Rd Black at Rd,Ustick R McMillan 60 Black Cat, Ustick to McMillan Widen black Cat to 5 lanes with curb,gutter,and pedestrian and bike facilities. Rd Black at Rd,McMi an R U 61 Black Cat, McMillan to Chinden Widen black Cat to 5 lanes with curb,gutter,and pedestrian and bike facilities. 20126(Chinden Blvd) DRAFT Page 4 of 10 It 0 Implementation Project Clarifying information still needed Ranking Agency Project Name Agency Project Description EN an Rd,Black Cat Rd/Ten 62 McMillan, Black Cat to Ten Mile Widen to3lanes Mile Rd Widen to 3 lanes with curb, gutter, and pedestrian and bike facilities. Install an McMillan Rd,Ten Mile Rd I Linder 63 McMillan,Ten Mile to Linder enhanced pedestrian crossing and curb ramps on McMillan Rd at Palantine Way. Rd DS:2021 2022- RW:2023 Eagle Rd, Lake Hazel Rd/Amity 64 Eagle, Lake Hazel to Amity 2021 2023 2024 CN:2024 IRd Locust Grove Rd,Lae Haze R / 65 Locust Grove, Lake Hazel to Amity Widen Locust Grove to 5 lanes with curb,gutter,and pedestrian and bike facilities. Amity Rd DS:2027-2028 ACHD Corridor improvement project which includes widening from two(2)to five(5)lanes and RW:Future Added Victory, Eagle to Cloverdale constructing enhanced pedestrian and bike facilities on both sides of the roadway. CN:Future DS:2022-2023 ACHD Corridor improvement project which includes widening to two(2)to five(5)lanes and RW:2024 Added Lake Hazel, Eagle to Cloverdale constructing enhanced pedestrian and bike facilities on both sides of roadway. CN:2025 Unfunded DS:2022-2023 Not RW:2027 This project is not in Meridian.It is in Meridian Ten Mile Rd and Lake Hazel Rd CN:Future the Kuna area of impact. DRAFT Page 5 of 10 DescriptionIt 0 Priority 2 3: M ACHD Implementation Project Clarifying information still needed Ranking Agency Project Name Agency Project Community . . Reconstruct Stoddard Rd,between Victory Rd and Overland Rd to Vanes,7'attached sidewalks and bike lanes. Project includes bridge#2085 and an enhanced pedestrian DS:2023 South Meridian Improvements A: Stoddard Rd,Victory Rd/Overland Rd crossing (pedestrian hybrid beacon) at Victory and Stoddard (CM214-27). Bike lanes RW:2024-2025 Stoddard Rd, Victory Rd/ 1 (Stoddard Rd,Victory Rd /Kodiak Dr) may be replaced by a pathway per the Bike Master Plan Update. 2022 2023 Future CN:Future Overland Rd Construct streetscape improvements, including curb, gutter, sidewalk, and improved DS:2025-2026 Meridian Downtown East 03rd St, Franklin Rd /Carlton Ave UPRR crossing, from Franklin Rd to Carlton Ave in accordance with the Downtown RW:2027 Improvements A:East 03rdSt, 2 (Phase 1) Meridian Neighborhood Plan. 2024 2025 Future CN:Future Franklin Rd/Carlton St This project is on on the Meridian City requests detached concrete sidewalk with curbing between Goddard Creek Way Table or the map.Was this and Wild Goose Way.City requests a pedestrian crossing across McMillan near Hunter improvement removed from the 3 McMillan Rd,Ten Mile Rd/ Linder Rd Elementary. 2025 2026 Future program?If so,why? DS:2026-2027 Meridian Downtown Main St and King Street Pedestrian RW:2027 Improvements A:Main Stand 4 Crossing Install an enhanced pedestrian crossing of Main St at King Street. 2024 N/A 2026 CN:2028 Unfunded .� King St Pedestrian Crossing DS:2025-2026 RW:2027-2028 Amity Corridor B:Amity Rd,Eagle 5 Amity, Eagle to Hillsdale Pedestrian improvements on Amity to the YMCA and City Park. 2026 Future Future CN:Future Rd/Cloverdale Rd. DS:2028-2029 Complete sidewalks and add wayfinding signage on Bower St, between Meridian Rd RW:Future North Boise Improvements C: 6 Bower St, Meridian Rd/ E. 03rd St and E.03rd St. CN:Future Bower St Meridian Rd/03rd St DS:2027-2028 Victory Corridor A:Victory Rd,SH RW:Future 69(Meridian Rd)/Locust Grove 7 Victory Rd, Glacier Bay Way/Mesa Way Complete sidewalk on the south side adjacent to county parcel. 2025 2026 Future CN:Future Rd DS:2026-2027 Meridian Downtown Install an enhanced pedestrian crossing (rectangular rapid flashing beacon) on Pine RW:2027 Improvements A:Pine Ave and 8 Pine Ave and W. 1 st St Pedestrian Crossing Ave at W 01st St to improve access to Meridian Elementary School. 2024 2025 Future CN:Future 0 1 st St Pedestrian Crossing DS:2026 North Meridian Improvements A: McMillan Rd, Locust Grove Rd/ Red Horse Complete sidewalk on the north side of McMillan Rd, between Locust Grove Rd and RW:2027 McMillan Rd,Red Horse Way/ 9 Way Red Horse Way. 2024 2025 2026 CN:2028 Unfunded .I. Locust Grove Rd omp ete sidewalk on the west side ot Linder Rd, between Washington bt and Maple Linder Rd, Washington St ap e 10 Linder Rd,Washington St/ Maple St St. St Pedestrian connection(sidewalk)between Barbara Drive in Fairview Terrace Park to E. Barbara Dr Pedestrian 11 Fairview Terrace to Chief Joseph Willowbrook Drive and Chief Joseph Elementary on Chateau Drive. Connection DS:2022-2023 South Meridian Improvments A: Locust Grove Rd and Palermo Dr Pedestrian Install an enhanced pedestrian signal and lighting on the north side of Palermo at RW:2024 Locust Grove Rd and Palermo Dr 12 Signal Locust Grove. 2022 2023 Future CN:Future Pedestrian Crossing Install an enhanced pedestrian crossing ot Meridian Rd at/near Settlers Fark entrance Meridian Corridor en tan 13 Meridian, north of Ustick and Sundance Subdivision micropath. 2025 2026 Future Rd, Ustick Rd/McMillan Rd Linder Rd Bikeway,Maple Ave/ 14 Linder Road, Maple Avenue/Cherry Lane Install Level 3 bike facilities CherryLn DRAFT Page 6 of 10 ACHD Implementation Project Clarifying information still needed DescriptionRanking Agency Project Name Agency Project Ustick-Cherry Bikeway, Black Cat Road/ Ustick-Cherry Bikeway,Black Cat 15 Chateau Drive Install Level bike facilities Rd/Hickory Way DS:2027-2028 Locust Grove Corridor A:Locust Locust Grove Road, Leighfield Drive to Star Connect gap from existing sidewalk on west side of Locust Grove Road, along with RW:Future Grove Rd,Ustick Rd/McMillan 16 Lane improving narrow sidewalk on east side of roadway. 2025 2026 Future CN:Future Rd DS:2027-2028 Locust Grove Corridor A:Locust Locust Grove Rd, Paradise Ln/Grand Install sidewalks on the east side of Locust Grove Rd to connect with an existing path RW:Future Grove Rd,Ustick Rd/McMillan 17 Canyon Dr to the school. 2025 2026 Future CN:Future Rd Downtown Section: DS:2026 RW:2027 CN:Future North and Downtown Section have North Section: different dates.Map shows the DS:2028-2029 North Meridian Improvements A: Design 2028-2029 with RW/Const as Linder-Meridian Bikeway, Cherry Lane/ RW:Future Linder-Meridian Bikeway,Pine "Future".Please confirm which is 18 Chinden Boulevard Install Level 1 and Level 3 bike facilities 2024 2025 Future CN:Future Ave/Temple Dr correct. erry Ln,Linder Rd/Meridian 19 Cherry Ln, Linder Rd/ Meridian Rd Install Level 3 bike facilities along Cherry Lane from Linder Road to Meridian Road Rd Ten Mile-Linder Bikeway, Linder Road / Ten Mile-Linder Bikeway, W08th 20 Chinden Boulevard Install signing and pavement marking to existing Level 1 and Level 3 bike facilities St/Chinden Blvd McMillan-Ustick Bikeway, Cool River Avenue McMillan-Ustick Bikeway(Phase 21 /Eagle Road Install Level 1 bike facilities 3),Linder Rd/Eagle Rd) DS:2028-2029 W Park Creek Dr, Crosswalk at N Deer RW:Future 22 Creek Ln Install enhanced crossing with hawk signal or RRFB CN:Future McDermott Road, Ustick Road to McMillan Install sidewalk on the west side of McDermott Road connecting to sidewalk on Ustick McDermott Rd Pedestrian 23 Road Road and McMillan Road for connectivity to Owyhee High School Facilities,Ustick Rd/McMillan Rd Included in a larger bikeway Ustick Rd and Venable Ln project Pedestrian Crossing&North DS:2028-2029 Meridian Improvements A:Linder- RW:Future Meridian Bikeway,Pine Ave/ 24 Ustick Road and Venable Lane Install an enhanced crossing(pedestrian hybrid beacon) CN:Future Temple Dr "Bikeway Signage(2026)" D5:2026 Central Meridian Bikeway, Blue Heron Street Install Level 1 bike facilities along the Central Meridian Bikeway from Blue Heron RW:N/A 25 /Chinden Boulevard Street to Chinden Boulevard N/A N/A 2026 CN:2026 Bikeway Signage(2026) 26 N Naomi Ave, Usitck to Ponderosa Install 20mph school zone signs Locust Grove-Eagle Bikeway, Pine Avenue/ Locust Grove-Eagle Bikeway,Pine 27 McMillan Road Install Level 1 and Level 3 bike facilities Ave/Chinden Blvd DRAFT Page 7 of 10 Priority 2 3: M ACHD Implementation Project Clarifying information still needed Ranking Agency Project Name Agency Project Description U 49iL 4 Nola Rd,Pine Ave/Crossroads 28 Nola Rd, south of Pine Ave Middle School Construct sidewalk on the east side of Nola Rd from Pine Ave to Crossroads. Middle School "Bikeway Signage(2026)" DS:2026 Chinden-McMillan Bikeway, Ten Mile Road / Install Level 1 and Level 3 bike facilities along the Chinden-McMillan Bikeway from Ten RW:N/A 29 Sedona Drive Mile Road to Sedona Drive N/A N/A 2026 CN:2026 Bikeway Signage(2026) "Bikeway Signage(2024)" DS:N/A Granger Ave Bikeway,Records Granger Avenue Bikeway, Records Avenue/ RW:N/A Ave/Shamrock Ave(Bikeway 30 Cloverdale Road Install Level 1 bike facilities N/A N/A 2024 CN:2024 Signage Program-2024) DS:2026-2027 Hollandale-Targee Bikeway, Locust Grove Install signage and pavement markings along Hollandale-TargeeBikeway from Locust RW:2028 This project should be on the 31 Road/ Eagle Road Grove Road to Eagle Road.IFYWP 2021-2025. CN:Future Meridian tables. DS:2026 North Meridian Improvements A: McMillan Rd and Palantine Way Pedestrian Install an enhanced pedestrian crossing and curb ramps on McMillan Rd at Palantine RW:2027 McMillan Rd and Palantine Way 32 Crossing Way. 2024 2025 Future CN:Future Pedestrian Crossing DS:2028-2029 Meridian Downtown Complete sidewalks on the south side of Broadway Ave, between West 07th St and RW:Future Improvements A:Broadway Ave, 33 Broadway Ave,West 07th St/West 04th St West 04th St. 2026 Future Future CN:Future West 08th St/West 04th St DS:2025-2026 Meridian Downtown RW:2027 Improvements A:02nd 112St 34 East 2 1/2 St, Carlton Ave/ Fairview Ave Install sidewalk on the west and/or east side. 2024 2025 Future CN:Future Carlton Ave /Fairview Ave DS:2022-2023 Intersection improvement project which includes signalizing the intersection as part of RW:2025 Ustick Corridor -Ustick Rd,Ten 35 Bridgetower Pedestrian Signal the road widening project. 2022 2023 2024 CN:2026 Unfunded .I. Mile Rd/Linder Rd Remove mid-block cross-walk by Hillsdale and add enhanced cross-walks at Lachlan Hillsdale Elementary Pedestrian 36 Stockenham Enhanced Cross-walks and near Rockhampton/Hill Park St.Update school zone signs and flashers. Crossings and School Zone 37 Taormina Drive at Maesaia Way Install sidewalk on south side of Taormina Drive near Maesaia Way. Taormina Drat Maesaia Way Extend roadway and construct streetscape improvements, including curb, gutter, sidewalk, and improved UPRR crossing, from Carlton Ave to Fairview Ave in East 03rd St Extension,Carlton St 38 E. 3rd, Carlton to Fairview accordance with the Downtown Meridian Neighborhood Plan. /Fairview Ave menclian Downtown DS:2026-2027 Improvements A:Locust Grove Locust Grove Rd and Woodbridge Dr Install an enhanced pedestrian crossing of Locust Grove Rd at Woodbridge Dr or RW:2028 Rd and Woodbridge Dr 39 Pedestrian Crossing Watertower St. 2024 2025 Future CN:Future Pedestrian Crossing age No,Niver Valley StUstick 40 Eagle Rd, River Valley St/Ustick Rd Complete sidewalks on Eagle Rd,between River Valley St and Ustick Rd. Rd 41 Chinden Blvd, east of Ten Mile Rd Complete sidewalks on Chinden Blvd,east of Ten Mile Rd. Chinden Blvd,E/O Ten Mile Rd Woodbridge Neighborhood Bike 42 Woodbridge Neighborhood Bike Study Studythe connectivity and bikeability ofthe Woodbridge neighborhood. Study DRAFT Page 8 of 10 ' . 10 Implementation Project Clarifying information still needed DescriptionRanking Agency Project Name Agency Project Watertower St and Rebound 43 Watertower St at Rebound School Install a painted crosswalk on Watertower St at Rebound School. School Pedestrian Crossing Linder Rd, Chateau Dr/Barbara Morgan Linder Rd,Chateau Dr/Barber Can this be included in the Linder, 44 STEM Way finding signage on Linder. Morgan STEM Pine to Ustick project scope? Meridian Rd and Producer Dr 45 St. Ignatius School Pedestrian Signal Pedestrian signal on Meridian Road at Producer. Pedestrian Crossing omp ete sidewalk on both sides ot West 02nd, between the Union Facitic ai roa 46 West 02nd St, UPRR/Broadway Ave and Broadway Ave to address parking concerns in this area. West 02nd, UPRR/Broadway Ave Nola Rd and Crossroads Middle School Nola Rd and Crossroads Middle 47 Pedestrian Crossing Install a painted crosswalk on Nola Rd at Crossroads Middle School. School Pedestrian Crossing Need to confirm: DS:2027-2028 Locust Grove Corridor -Locust Please confirm this PHB included in Install an enhanced crossing (pedestrian hybrid beacon) on Locust Grove Road at RW:Future Grove Rd,Ustick Rd/McMillan the Ustick to McMillan improvements. 48 Locust Grove Road and Heritage Park Street Heritage Park Street,access for Meridian Technical Charter High School 2025 2026 Future CN:Future Rd It is not listed in the scope. Gondola-Malta Bikeway, Black Cat Road / Gondola-Malta Bikeway, W/O Black Cat Rd/Goddard Creek 49 Goddard Creek Way Install Level 1 and Level 3 bike facilities Way "Bikeway Signage(2024)" Install Level 1 bike facilities along the Records Way Bikeway from Pine Avenue to DS:2024 Records Way Bikeway,Pine Ave/ Records Way Bikeway, Pine Avenue/ Florence Drive, Level 2 bike facilities from to Ustick Road to Baldcypress Street, and RW:N/A Chinden(BikewaySignage 50 Fernside Drive Level 1 bike facilities from Baldcypress Street to Wainwright Drive CN:2024 Program-2024) Montague Way, Amity Road /Santo Stefano DONE 51 Drive Install sidewalk on east side of Montague Way from Amity Road to Santo Stefano Drive Completed with development Construct a detached asphalt or concrete pathway on east side ot Locust UroveLocust Cirove ictory Rd 7 52 Locust Grove Rd, Overland Rd /Puffin St between Puffin Stand Overland Rd. 2019 2021 2023 DONE Overland Rd Locust Locust Grove Rd and Time Zone Dr rove Victory 2020- Overland Rd-Time Zone Dr 53 Pedestrian Crossing Install an enhanced pedestrian crossing of Locust Grove Rd at Time Zone Dr. 2019 2021 2023 DONE Pedestrian Crossing Black Cat-Ten Mile Bikeway, Cherry Lane/ Black Cat-Ten Mile Bikeway 54 Ustick Road Install Level 1 bike facilities along the Black Cat-Ten Mike Bikeway (Phase 1),Cherry Ln/Ustick Rd DS:2028-2029 Black Cat Rd and Railroad North of Topeka Stop sign needs to be taken down and replaced with a train signal. This area has RW:Future 55 Ln become a high traffic area and the stop sign is not practical. CN:Future DS:2028-2029 ACHD RW:Future Is this project 7th to Main or 7th to Added Washington St,West 7th St to Main St CN:Future Meridian? DRAFT Page 9 of 10 M ACHD Implementation Project Clarifying information still needed Ranking Agency Project Name Agency Project Description What is this project scope?I cannot find this project on the map,and DS:2026 there are already sidewalks here.The ACHD McMillian Rd, Montelino Way/775' E/O RW:2027 gap is at Goddard Creek to N Wild Added Montelino Way CN:Future Goose Way. DS:2028-2029 There are already sidewalks here.The ACHD McMillan Rd, Cortana Way/Goddard Creek RW:Future gap is at Goddard Creek to N Wild Added Way CN:Future Goose Way. DRAFT Page 10 of 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Proposed Updates to Meridian City Code section 13-2-6(C), Regarding Alcohol in City Parks, and Meridian City Code Section 13-2-6(S), Regarding Parking in City Parks C�,((IEN DIAN�--�- IDAHO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: July 25, 2023 Presenter: Lacy Coi, Code Enforcement Supervisor Estimated Time: 15 minutes Proposed updates to Meridian City Code section 13-2-6(C), regarding alcohol in City parks, Topic: and Meridian City Code section 13-2-6(S), regarding parking in City parks Recommended Council Action: Review and approve proposed updates to Meridian City Code sections 13-2-6(C) and 13-2-6(S); direct staff to finalize ordinance for adoption. Background: The current code provisions regarding alcohol in parks are structured such that to determine the applicable regulations require an initial analysis of which of the following circumstances apply: • Alcohol sold or provided at public event. • Alcohol brought to a public event from off-site for personal consumption. • Alcohol sold or provided to attendees of private event where a temporary use permit is required • Alcohol sold or provided to attendees of private event where a temporary use permit is not required • Alcohol brought to private event from off-site for personal consumption where a temporary use permit is required • Alcohol brought to private event from off-site for personal consumption where a temporary use permit is not required This format has proven to be confusing for Parks & Recreation staff, police and code enforcement officers, and the public. The proposed update will provide clarity by establishing four circumstances and clear regulations for each: 1. Serving alcohol at a public event (event organizer must obtain TUP and alcohol catering permit) 2. Consuming alcohol at a public event (allowed within parameters of TUP) 3. Serving alcohol at a private event (event organizer must obtain shelter reservation and ACP) 4. Consuming alcohol at a private event (allowed within parameters of shelter reservation) The proposed ordinance also updates the provision of Title 13 (the Parks Code) regarding parking in City parks, in conjunction with the proposed transfer of that provision to Title 7, Chapter 2 (parking regulations). DRAFT — JULY 25, 2023 CITY OF MERIDIAN ORDINANCE NO. 23- BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 13-2-6(C),REGARDING ALCOHOL IN CITY PARKS; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 13-2-6(S), REGARDING PARKING IN CITY PARKS; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Meridian Police Department ("MPD") has recommended the following updates to the provisions regarding alcohol in City parks, set forth in Title 13, Meridian City Code, the Meridian Parks and Recreation Code, in order to clarify such provisions for the public and for responding officers; and WHEREAS,MPD and the Meridian Parks and Recreation Department recommend that the parking provisions of the Parks and Recreation Code be amended in order to consolidate parking regulations in Title 7, Chapter 2, Meridian City Code, for expediency and clarity, and in order to authorize the parking enforcement in City parks by the issuance of parking tickets, as is allowed by Title 7, Chapter 2, rather than by personal service of uniform citations, as required by Title 13; and WHEREAS,the City Council of the City of Meridian find the following updates to Meridian City Code will serve the health, safety, and welfare of the public within the City of Meridian; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 13-2-6(C) shall be repealed, and replaced with language to read as follows: C.Alcohol. The sale, service, offer,provision, consumption, and/or possession of alcoholic beverages in a City park shall be prohibited, except where sold, served, offered,provided, consumed, or possessed in compliance with the following requirements: 1. Serving alcohol at a public event. At an event or activity open to the public, a person may sell, serve, offer,provide, or offer an alcoholic beverage to another person only pursuant to the terms and conditions of a valid temporary use permit duly issued for that event, and a valid alcoholic beverage catering permit duly issued by the City Clerk, if applicable. It shall be unlawful for any person to sell, serve, offer, or provide an alcoholic beverage to another person, at an event open to the public, in violation of this provision. A violation of this provision shall be a misdemeanor. DRAFT — JULY 25, 2023 2. Consuming alcohol at a public event. At an event or activity open to the public, a person may consume or possess an alcoholic beverage only pursuant to the terms and conditions of a valid temporary use permit duly issued for that event. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00)plus court costs. 3. Serving alcohol at a private event. At an event or activity not open to the public, a person may sell, serve, offer, or provide an alcoholic beverage to another person only with a valid shelter reservation, and a valid alcoholic beverage catering permit duly issued by the City Clerk, if applicable. It shall be unlawful for any person to sell, serve, offer, or provide an alcoholic beverage to another person, at an event not open to the public, in violation of this provision. A violation of this provision shall be a misdemeanor. 4. Consuming alcohol at a private event. At an event or activity not open to the public, a person may consume or possess an alcoholic beverage only in conjunction with a valid shelter reservation. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00)plus court costs. Section 2. That Meridian City Code section 13-2-6(S) shall be repealed, and replaced with language to read as follows: S. Parking in parks. The provisions of Title 7, Chapter 2, Meridian City Code, regarding parking, shall apply in city parks and pathway facilities. Section 3. That all City of Meridian ordinances, or parts thereof, that are in conflict with this ordinance are hereby repealed. Section 4. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk CERTIFICATION OF SUMMARY: DRAFT - JULY 25, 2023 William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23 - An ordinance repealing and replacing Meridian City Code section 13-2-6(C),regarding alcohol in City parks; repealing and replacing Meridian City Code section 13-2-6(S), regarding parking in city parks; repealing conflicting ordinances; and providing an effective date. The full text of this ordinance is available at Meridian City Hall, City Clerk's Office, 33 E. Broadway Avenue, Meridian, Idaho. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Proposed Updates to Title 7, Meridian City Code, Regarding Traffic and Parking C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: July 25, 2023 Presenter: Emily Kane, Deputy City Attorney Estimated Time: 30 minutes Lacy Ooi, Code Enforcement Supervisor Topic: Proposed updates to Title 7, Meridian City Code, regarding Traffic and Parking Recommended Council Action: Review and approve proposed updates to Title 7, Meridian City Code; direct staff to finalize ordinance for adoption. Background: The City of Meridian's 2021-2025 Strategic Plan includes this goal: "[U]pdate ordinances and simplify processes in order to improve effectiveness and provide premier services to our citizens." One of the enumerated strategies supporting this goal is to "perform a complete review of all ordinances, codes and policies in the City of Meridian to assess their value and relevance to the community." On October 11, 2022, City Council approved the plan of the City Attorney's Office to undertake a comprehensive overhaul and restructuring of the City Code, in order to improve the Code's clarity, consistency, effectiveness, and navigational utility. City Council directed this office to prepare proposed code updates and return regularly to obtain input and direction. The City Attorney's Office worked with the Meridian Police Department's Traffic Team and Code Enforcement Division to prepare the attached updates to Title 7. A guide to trailer types is attached for reference. EXAMPLE TRAILER TYPE DEFINITION Idaho Code defines as a trailer designed to M ■ n . Travel Trailer provide temporary living quarters for recreational, camping, travel or emergency use that is small enough not to require special highway movement permits. Tow hitch is on the bumper of the vehicle. Idaho Code defines as a trailer equipped ® ®� Fifth Wheel like a travel trailer but with a raised 41 ' Trailer forward section allowing a bi-level floor plan, and designed to be towed by a tow hitch (tow seat in the bed of pickup truck). Fold Down Also known as a "pop-up camper." Idaho b Camping Code defines as constructed with Trailer collapsible partial side walls that fold down for towing, and unfold at the campsite. Pole Trailer Idaho Code defines as a trailer used for transporting long or irregularly shaped loads such as poles, pipes, or beams. Semitrailer Idaho Code defines as a trailer designed to carry persons or property, and some part of its weight and load rests upon or is carried by the towing vehicle. Utility Trailer Idaho Code defines as a trailer designed primarily to be drawn behind a passenger - car or pickup truck for domestic and utility purposes. Includes a farm trailer while being used to haul agricultural products or livestock. DRAFT-J U LY 25, 2023 CITY OF MERIDIAN ORDINANCE NO.23- BY THE CITY COUNCIL: BORTON,CAVENER,HOAGLUN, OVERTON,PERREAULT,STRADER AN ORDINANCE AMENDING THE TITLE OF TITLE 7,MERIDIAN CITY CODE TO "TRAFFIC AND PARKING"; AMENDING THE TITLE OF TITLE 7, CHAPTER 1, MERIDIAN CITY CODE TO"TRAFFIC CODE";AMENDING MERIDIAN CITY CODE SECTION 7-1-2, REGARDING TRAFFIC INFRACTIONS; REPEALING MERIDIAN CITY CODE SECTIONS 7-1-3 (REGARDING REPAIRING VEHICLES IN CITY STREETS), 7-1-4 (REGARDING EMERGENCY VEHICLES; RESTRICTIONS NEAR FIRE) AND 7-1-5 (REGARDING SCHOOL AND CITY PROPERTY); AMENDING MERIDIAN CITY CODE SECTION 7-1-6 (SPEED RESTRICTIONS); REPEALING MERIDIAN CITY CODE SECTION 7-1-7, REGARDING DRIVING THROUGH FUNERAL PROCESSION; AMENDING MERIDIAN CITY CODE SECTION 7-1-8, REGARDING U-TURNS; AMENDING MERIDIAN CITY CODE SECTION 7-1-9, REGARDING ELECTRIC POWER-ASSISTED SCOOTERS; AMENDING MERIDIAN CITY CODE SECTION 7-1-10, REGARDING CENTER TURN LANES; AMENDING MERIDIAN CITY CODE SECTION 7-1-11, REGARDING USE OF PUBLIC OR PRIVATE PROPERTY AS A THROUGHWAY; AMENDING MERIDIAN CITY CODE SECTION 7-1-12, REGARDING NEGLIGENT DRIVING; AMENDING MERIDIAN CITY CODE SECTION 7-1-13, REGARDING AIR COMPRESSION BRAKES; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 7-2-1, REGARDING DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 7-2-2, REGARDING PROHIBITED PARKING; AMENDING MERIDIAN CITY CODE SECTION 7-2-5, REGARDING PARKING ON PUBLIC STREETS OTHER THAN ALLEYS; AMENDING MERIDIAN CITY CODE SECTION 7-2-6, REGARDING PARKING ON PUBLIC PROPERTY OTHER THAN STREETS AND ALLEYS AND PARKING IN CITY PARKS; AMENDING MERIDIAN CITY CODE SECTION 7-2-7, REGARDING PARKING ON CITY PROPERTY WHERE PARKING PERMIT REQUIRED; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Traffic Team of the Meridian Police Department has recommended the following updates to the Meridian City Code provisions regarding motor vehicle traffic,in order to remove provisions that are redundant or conflicting with the rules of the road set forth in Idaho Code; WHEREAS,the Code Enforcement Division of the Meridian Police Department has recommended the following updates to the provisions of Meridian City Code regarding parking, in order to clarify such provisions and address common obstructions of the roadways and sidewalks within the community;and WHEREAS,the Meridian Human Resources Department has issued new parking permits to allow employees to park in the employee-only parking lots serving Meridian City Hall,necessitating a code update to address the new permitting and display requirements;and PARKING ORDINANCE UPDATES PAGE I DRAFT-J U LY 25, 2023 WHEREAS,the City Council of the City of Meridian find the following updates to Meridian City Code to serve the safety and welfare of the public using roadways and sidewalks within the City of Meridian; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY,IDAHO: Section 1.That the title of Title 7 Meridian City Code,shall be amended as follows: Title 7-N40TOR VEHICLES AND TRAFFIC AND PARKING Section 2.That the title of Title 7,Chapter 1,Meridian City Code,shall be amended as follows: CHAPTER 1.-TRAFFIC CODE,RULES Ec AND REGULATIONS Section 3.That Meridian City Code section 7-1-2 shall be amended as follows: 7-1-1 Infraction;fine for 1 do 1 •- ,-'" Commented[EKt]:Renumbering due to repeal of Any person who violates any provision of this chapter shall be deemed guilty of an infraction. former section -1-1 in 2015. Commented[EK2]:Fines for infractions are set forth Section 4.That Meridian City Code sections 7-1-3,7-1-4,and 7-1-5 shall be repealed. in Idaho Infraction Rule 9. 71 3. to epair-ng"yehi.1,."in city stfee`" I Commented[EK3]:This situation is covered by the it shall be unlawful for-any per-son to repair-any vehicle in the stFeets of the city,except figr- Parking Code. • ;.-� Commented[EK4]:This situation is covered by Meridian City Code section 5-1-3. emer-geney vehiele or-per-son, to park sueb vehiele within the bleek, or-within five hufldfed (500)feet w-her-e the fire appaf&Pas has stepped in answef te a fire alafm,er-widiin five Wndfed B. La&eo-ing it shall be unlawful for-a-my pedestfian,other-than authefized pefsel+ael-1 te stand,leitef-,walk of other-wise be within one htmdr-ed(100)feet of any fire seene or-within fifty(50)feet efa-ay pieee of eper-a-6ag fire e"ipmen4.(Opefa4iag fife e"ipfnent shall i*elude any item being used by emergeney personnel at a repot4ed fffe or othef related emergeney seefte.) S. ,.-�" Commented[EKS]: Traffic movement on school grounds is civil issue within school's purview,not within City's purview under Idaho Code section 49-208. any prepet4y owned,r-eated of used by any seheel district or any property owned,r-en4ed or-u movement,stepping,standing or par4ing of any bieyele,vehiele or-animal. PARKING ORDINANCE UPDATES PAGE 2 DRAFT-J U LY 25, 2023 Section 5.That Meridian City Code section 7-1-6 shall be amended as follows: �7 6 7-1-2.-Speed restrictions. Commented[EK6]:Renumbering No person shall drive a vehicle,except emergency vehicles,at a greater speed than designated as follows. A. Alleys. In any alley,fifteen(15)miles per hour. B. City streets. On all other streets in Meridian, twenty-five (25) miles per hour, or as otherwise posted. Section 6.That Meridian City Code section 7-1-7 shall be repealed. 7 1 7 O"""""thretigh Funeral proeession prohibited.I Commented[EK7]:Covered by Idaho Code section NE)d five.shall a-iye.,vehicle between..ehie es,.,.mp-isin.a(tine fal,p -ade other- 49-2704;City regulation preempted by Idaho Code „Fherized while..ieh vehicles . .,..otio., section 49-207(1). Section 7.That Meridian City Code section 7-1-8 shall be amended as follows: 7-1-3•-U-turns. ,— Commented[EK8]:Renumbering A. Restrictions. 1. No U-turn or turn reversing the direction of travel shall be made. a. Within a"school zone"as defined by this Code;or b. At any place other than at an intersection,unless there be sufficient space to make such turn without backing or impeding traffic,and of not less than five hundred(500) feet of roadway with a clear and unobstructed view by drivers from either direction, a proper signal is made,and said turn can be performed safely. c. In a manner which impedes traffic. 2. For the purposes of this section,"safely"shall mean that the party making the U-turn or turn reversing the direction of travel shall be responsible to establish that this maneuver can be made with due care to drivers and pedestrians at,adjacent to,or upon the roadway and with due care in regards to the current conditions of the roadway and driving conditions. Section 8.That Meridian City Code section 7-1-9 shall be amended as follows: r-1-9 7-1-4.�Electric power-assisted Scooters. Commented[EK9]:Renumbering A. Persons riding e-scooters, as such term is defined in title 8, chapter 3 of this Code, shall comply in all respects with the following provisions: 1. On streets which have a speed limit of greater than forty-five(45)miles per hour or more, persons riding e-scooters shall ride only on the adjacent sidewalk,and shall not ride on the street. 2. On streets which have a speed limit between twenty-five(25)miles per hour and forty- five(45)miles per hour,persons riding e-scooters shall ride in bike lanes where available, or,where bike lanes are not available,riders shall may lode on the adjacent sidewalk. Commented[EK10]:update for consistency With 3. On streets which have a speed limit of twenty-five(25)miles per hour or less,persons remainder of the section riding e-scooters shall ride on the street,in bike lanes when available. 4. Persons riding e-scooters shall yield to pedestrians at all times. PARKING ORDINANCE UPDATES PAGE 3 DRAFT-J U LY 25, 2023 5_Persons riding e-scooters on a sidewalk must maintain a distance of two(2)feet from all pedestrians. 6. Persons riding e-scooters may not carry any passengers. _ Commented[EK11]:subsection(s)had two sentences—makes each sentence its own provision. Section 9.That Meridian City Code section 7-1-10 shall be repealed. 7 t 10. Ire re.f,'m lanes.I Commented[EK12]:Conflicts with Idaho Code section 49-637,which allows use of the center lane for passing,and City regulation of the center lane is preempted by Idaho Code section 49-207(1). left tum.Vehieles shall fietuse said eef4ef!a-me as a passing lane,nef shall any vehiele tfavel it+ said eenter lane fAr-n A-f more than one huadfed(100)feet pfier to tidming left or- Section 10.That Meridian City Code section 7-1-11 shall be amended as follows: 7-1-5.-Use of public or private property as a throughway. ;; Commented[EK13]:Renumbering A. It shall be unlawful for the operator of any motor vehicle to drive upon or use any public or private real property as a throughway to bypass an intersection controlled by a stop sign or traffic control signal. B. It shall be prima facie evidence of a violation of subsection(A)of this section for an operator of a motor vehicle to enter public or private real property from a highway or street and immediately thereafter exit the same property without stopping or slowing before reentering an adjoining highway or street. C. It is not a violation of this section to use any public or private street as allowed by law. Section 11.That Meridian City Code section 7-1-12 shall be amended as follows: rh I ]a 7-1- .-Negligent driving. Commented[EK14]:Renumbering It shall be unlawful for any person to operate a motor vehicle where the operator has less than full control of the speed and direction of movement of the vehicle.Mho eell sign by LCommented[EK15]:Motor vehicle collisions are covered by Idaho Code sections 49-1401(3)(inattentive Section 12.That Meridian City Code section 7-1-13 shall be amended as follows: driving)and 49-1401(1) (reckless driving). The utility of this provision of Meridian City Code is largely the amendment of an infraction to a misdemeanor for ✓7-1-7.-Air compression brakes prohibited. purposes of offering a bond forfeiture pursuant to Idaho A. The term"air compression brakes"shall include devices that alter the operation of an engine's Code section 49-240,and fine proceeds are distributed exhaust to slow a vehicle or truck. to the City. B. The use of air compression brakes by vehicles or trucks, as defined in Idaho Code title 49, Commented[EK16]:Renumbering chapter 1,within the city is hereby prohibited and shall be unlawful,except where the use of air compression brakes is necessary to prevent an accident or injury to persons or property. C. The following vehicles and trucks are exempted from the prohibitions of this section. 1. Vehicles and trucks operated by a fire department;and 2. Vehicles used for public transit purposes. PARKING ORDINANCE UPDATES PAGE 4 DRAFT-J U LY 25, 2023 Section 13.That Meridian City Code section 7-2-1 shall be repealed,and replaced with language to read as follows: f 7-2-1.-Definitions. Commented[EK17]:Establishes that Idaho Code and UDC definition apply to all terms,not just GVWR,Motor As used in this Title,terms used shall be defined as set forth in title 49,chapter 1,Idaho Code or home,RV,Trailer,and vehicle. Title 11,Meridian City Code. Where such codes define the same term differently,for purposes of this title,the definition set forth in Idaho Code shall prevail. Section 14.That Meridian City Code section 7-2-2 shall be amended as follows: 7-2-2.-Prohibited parking. Except when necessary to avoid conflict with other traffic,or in compliance with law or the directions of a police officer or official traffic control device,no person shall: A.Stop,stand or park any vehicle r portion thereo . Commented[11.018]:Clarifies when a violation is occurring rather than deciding what percentage amount of a vehicle constitutes a violation. Added many times in the chapter for the same reason. 1.On the ea traffic side of any vehicle stopped or parked at the edge or curb of a street. Commented[11.019]:More accurate description due to all the public highway being a"roadway." 2.On or obstructing anyportion of a sidewalk or parkway,including the area between the sidewalk's or parkway's fmished,ground level to a vertical clearance of seven feet(7')above such sidewalk or parkway.) Commented[11.020]:Protects vertical space that otherwise may allow a hazard to exist by a vehicle or hitch overhanging a sidewalk when the tires of the vehicles are technically within allowed space but 3.Within an intersection,or anyportion thereof. creating an obstruction. 4.On a crosswalk,or any portion thereof. 5.On a W:ke,1-ne,..-bike pat z s designated by painted designated bicycle lane or on any portion thereof. Commented[11.021]:Changing description to coincide 6.Within twenty(20)feet of a designated bicycle lane bye Eatlt approach. with labeled public traffic lane for bicycles. same 7.Between a safety zone and the adjacent curb or within thirty(30)feet of points on the curb change for section 6. immediately opposite the ends of a safety zone,unless a different length is indicated by signs or markings. 8.Alongside or opposite any street excavation or obstruction when stopping,standing or parking would obstruct traffic. J Commented[11.022]:Removed as these descriptions T___ 1-r-idge or-other-eleva4ed s4iaetur-e upon a highway,or-within a hi&A,ay ttIfifiell. are not relevant for the City of Meridian. Will be better enforced in 7-2-2(A)(11)for all traffic lanes. .On or on any portion of any railroad tracks track or rai. 44-. 10.At any place where official traffic control devices posted at the direction or under the '7, Commented[11.023]:Renumbering authority of the city or Ada County Highway District prohibit or limit such stopping, Commented[11.024]:Creating a more consistent standing or parking.It shall be prohibited for any person to remain stopped,standing or label. Commented[11.025]:Renumbering PARKING ORDINANCE UPDATES PAGE 5 DRAFT-J U LY 25, 2023 parked past the time limit prescribed on each traffic control devicel.At the e.,pi f tie of the posted time lifnit,a fiew tiffie limit may begin only Hpon r-eme;.A afthe i'ehiele ffeffl the b eev or five hundred icnm feet f:-,..,,e the lee..tion; ...t et,;t 10vas previously,aFk-e.7 • Commented[11.026]:Section required vehicles to 11.b a traffic lane or any portion thereof,unless otherwise directed by peace officer, follow posted direction. A new location is required to traffic-control device,or duly authorized personnel. comply with section therefore a request for movement is not necessary. B. Stand or park a vehicle,except momentarily to pick up or discharge a passenger or Commented[11.027]:Adding a new section to allow for a citation to be issued for vehicles parked on a traffic passengers: lane in which we currently only have the ability to 1. In front of a public or private driveway impound the vehicle. 2. Within fifteen(15)feet of a fire hydrant. 3. Within twenty(20)feet of a crosswalk or a bike/pedestrian curb ramp,except at an intersection where a traffic control signal is in operation. 4. Within thirty(30)feet upon the approach to any flashing signal,stop sign,yield sign or traffic control signal located at the side of a roadway. 5. Within twenty(20)feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five(75)feet of said entrance when properly signposted. 6. At any place where official traffic control devices posted at the direction or under the authority of the City or Ada County Highway District prohibit such stopping. 7. In any portion of more than one(1)designated parking space. 8. Within ten(10)feet of a mailbox,during the hours of 8:00 a.m.and 5:00 p.m.,on any day that is not a federal holiday. C.Park a vehicle,whether occupied or not,except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers: kx ithin fifty(50)feet of the nearest rail of a railroad crossing. Commented[11.028]:with removal of section z, numbering no longer needed. Commented[11.029]:Section removed as it was D. 'ark a vehicle�n In such a manner or under such conditions as to leave available less than redundant with section 7-2-2(A)(1) twelve(12)feet of roadway for the free movement of vehicular traffic. Commented[11.030]:Added to complete structure of violation. E.Leave such motorized ehicle unattended without stopping the motor of the vehicle and commented[11.031]:Added to complete structure of effectively setting the brakes of the vehicle. violation. F.Park or leave unattended an e-bike or e-scooter,as such terms are defined in title 8,chapter 3 of this Code: 1. In any vehicular travel lane or bike lane,or any portion thereof; 2. In a manner or location that reduces the width of the useable area of a public sidewalk or pathway to less than five(5)feet; 3. On a block without sidewalks; 4. In a manner or location that impedes ADA accommodations,including,but not limited to,curb ramps,railings,or signal buttons; 5. In a manner or location that impedes a fire hydrant or other public safety infrastructure; 6. In any on-street parking space,or any portion thereof; 7. On private property without a written agreement with the owner of the property;or PARKING ORDINANCE UPDATES PAGE 6 DRAFT-J U LY 25, 2023 8. On or in a driveway,or anyportion thereof. Section 15. That Meridian City Code section 7-2-5 shall be amended as follows: 7-2-5.-Parking on public streets other than alleys. A. Parking on public streets.No person shall park or place,or cause to be parked or placed, upon any public street,regardless of whether attended or unattended: 1. For longer than seventy-two(72)hours: a. Any vehicle having a GVWR of less than twelve thousand(12,000)pounds. b. Any motor home or recreational vehicle.Neither this nor any provision of this chapter shall be construed to authorize any person to sleep in or allow another to sleep in any motor home or recreational vehicle. c. Any utility trailer that is^"^ehea to e veh1ele,whether or not attached to another vehicle. 6cept that:A utility trailer may be parked on a public street for a purpose Commented[11.032]:Changing time restriction from incident to an ongoing,lawful construction project,where such construction project is moving utility trailers,which include boat trailers,every conducted under a valid City of Meridian building permit and such trailer is parked 72 hours to be consistent with vehicles on a public within one hundred(100)feet of such construction project. roadway. Commented[11.033]:A current list of exceptions is z' per-ledger than two(2)1 eth listed in 7-2-5(C)(1),(2),and(3)that we found,due to the placement in code,gave an exception to all e Any utility t fai er that is net..ttaehe,t to a yeh:ele violations within the chapter. The exceptions have not changed,but are being placed into the section in which 3. For any length of time,except as otherwise allowed in this section. they relate. Commented[11.034]:Removing this section which a. Any vehicle,either motorized or nonmotorized,having a GVWR greater than twelve requires an unattached utility trailer,which includes thousand(12,000)poundsl,izmle^^ ueh yeh:ele is e mete,.he.,,e ,.ee,.epAi et boat trailers,to move every 2 hours. Enforcement on I this section is difficult and usually follow up occurs next day,not the stated 2 hours. Citizens complain they Except that: need more time to prepare and wash boats prior to (1)Where such vehicle is a motor home or recreational vehicle,the provisions Of getting them back into storage.This change would Subsection(A)(1)(b)of this section shall apply. allow for consistency of enforcement. (2) Such vehicle may be parked on a public street for a purpose incident to an Commented[11.035]:Moved current exceptions ongoing,lawful construction project,where Such construction project is around to address all exceptions that relate to this conducted under a valid City of Meridian building permit and such vehicle is violation. As well as for section 7-2-5(A)(3)(b)and(c). parked within one hundred(100)feet of such construction project. (3) Such vehicle mayparked on a public street for the purpose of loading or unloading materials or merchandise,when such materials or merchandise are actively being loaded or unloaded,and where such vehicle is parked within one hundred(100)feet of the loading or unloading point. b. Any pole trailer or semitrailer,whether or not attached to another vehicle. Except that: PARKING ORDINANCE UPDATES PAGE 7 DRAFT-J U LY 25, 2023 (1)A pole trailer or semitrailer may be parked on a public street for a purpose incident to an ongoing,lawful construction project,where such construction project is conducted under a valid City of Meridian building permit and such trailer is parked within one hundred(100)feet of such construction project. (2)A semitrailer maybe parked on a public street for the purpose of loading or unloading materials or merchandise,for up to seventy-two(72)hours,when such materials or merchandise are actively being loaded or unloaded,and where such vehicle is parked within one hundred(100)feet of the loading or unloading point. c. Any vehicle designed or used primarily as farm or construction equipment. Except that: Such vehicle may be parked on a public street for a purpose incident to an ongoing,lawful construction project,where such construction project is conducted under a valid City of Meridian building permit and such vehicle is parked within one hundred(100)feet of such construction project. d. Any vehicle without license plates. e. Any vehicle without current registration. £ Any vehicle displaying license plates that are fictitious or assigned to any other vehicle. limit may begin only tipen r-emeval of the motor-home,recreational vehiele,tfailer,or- „-eyi.usly parked,whichever is farther,for.,,„:„:.„„„,of twenty four-(24)hours I Commented[11.036]:Remove the time limit that suggests a vehicle that is found of violation of the 72- EB.Exceptions. The provisions of this section shall not apply when a vehicle or trailer is hour restriction on a public road(vehicle has been cited). This section is interpreted different between parked-, Code Enforcement Officers,citizens and City Legal. It causes confusion and difficulty in enforcement. The resolution is to continue to enforce the 72-hour pa-r-ked within ene huadfed(100)feet ef the leading ef afileading Peifit. restriction(another citation unless resolved)or mark the vehicle for the impound removal process as 2.For any purpose ineidetit to any ongoing,lawful eenstmetion prejeet,where stteh abandoned. parked within one hundred(100)feet of sueh eenmnereial or-industrial Commented[11.037]:These exceptions were only 4.LFor the purpose of maintenance or response to emergency by a public utility,public meant to affect specific violations. Removing as they entity,public agency,or the duly authorized agent thereof,where such vehicle is visibly have been shifted with relevant code sections. marked and identified as such. Commented[11.038]:Renumbering 3� As specifically allowed by a valid permit duly issued by the City of Meridian or the commented[11.039]:Renumbering Ada County Highway District. 3.For purposes of law enforcement activities by a public agency. commented :ity issues permits involving public highwayss in n the City of Meridian as well as our city. Section 16.That Meridian City Code section 7-2-6 shall be amended as follows: Commented[ Oat]:Renumbering. PARKING ORDINANCE UPDATES PAGE 8 DRAFT-J U LY 25, 2023 7-2-6.-Parking on public property other than streets and alleys;parking in City parks. A.Parking on public property. .-No person shall park or place,or cause to be parked or placed,upon any public property,regardless of whether attended or unattended,for longer than two(2)hours: Via.Any vehicle,either motorized or nonmotorized,having a GVWR of or greater than twelve thousand(12,000)pounds. fib.Any motor home or recreational vehicle.Neither this nor any provision of this chapter shall be construed to authorize any person to sleep in or allow another to sleep in any motor home or recreational vehicle. Vic.Any trailer,whether or not attached to a vehicle. 4d.Any vehicle designed or used primarily as farm or construction equipment. B-.2. Titne fitnit. At the expiration of the two-hour time limit set forth in this section,a new time limit may begin only upon removal of the vehicle,motor home,recreational vehicle,or trailers from the block,or five hundred(500)feet from the location in which it was previously parked,whichever is farther,for a minimum of twenty-four (24)hours. E3.Exceptions:The provisions of this section shall not apply to a motor home, recreational vehicle,trailer,or vehicle that is parked: Via.Where expressly and specifically allowed by the public entity owning such property by ordinance,resolution,written policy,or valid,duly issued permit. 2,1 .For the purpose of maintenance or response to emergency by a public utility, public entity,public agency,or the duly authorized agent thereof,where such vehicle is visibly marked and identified as such. B.I arking in Cily parks and pathway acilities.I Commented[EK42]:Moves code for parking in parks, 1.No person shall park any vehicle or trailer in a City park or pathway facility which is currently in Meridian City Code section 13-2- a.Anywhere other than an established or designated parking area. 6(s),to the general parking code,for clarity in b.In violation of posted directions,state or local law,the instructions of an enforcement and public notice. Also allows MPD to �' issue parking tickets for violations(allowed by Meridian police officer or duly authorized representative of the Parks and Recreation City Code section 7-2-10(A),rather than serving uniform Department Director,or administrative policy. citations as required for enforcement of Parks Code. c.When the park is closed,except as specifically authorized by order of the Parks and Recreation Department Director. d.On any sidewalk or pathway except: 2.Exceptions:The provisions of this section shall not apply to: a.Vehicles operated by law enforcement personnel; b.Emergency vehicles operated for purposes of transporting humans in need of emergency services; c.Vehicles operated by the Parks and Recreation Department;or d.As specifically allowed by written permit or other permission of the Parks and Recreation Department Director. Section 17.That Meridian City Code section 7-2-7 shall be amended as follows: 7-2-7.-Parking on city property where parking permit required. PARKING ORDINANCE UPDATES PAGE 9 DRAFT-J U LY 25, 2023 Notwithstanding any other provision of this chapter,no person shall park any vehicle on any city property where a Lfty-parking permit is required unless a valid City parking permit duly issued for such vehicle is displayed on Lthe top or bottom corner of the front windshield,on the passenger side of such vehicle,and is visible from the outside of such vehicle. The following exceptions to this Section Shall applya Commented[L043]:The City of Meridian recently 1. City employees may park motorcycles in the marked motorcycle parking area in the began issuing cling sticker permits instead of the southwest corner of the parking lot on the south side of Meridian City Hall,without hanging permits. These changes address the placement displaying a City parking=permit. City employees parking motorcycles on other City of the new permits for clear display on the vehicles. property where a City_parking permit is required may comply with this section by displaying a valid City parking permit on such motorcycle in a clearly visible location. 2. A vehicle displaying a valid temporary City parking permit,issued by the Human Resources Department,displayed on the dashboard of such vehicle,and visible from the outside of such vehicle,may park in the parking lot on the east side of Meridian City Hall. 3. City-owned vehicles may be parked on City property without displaying a City parking permit. Section 18.That all City of Meridian ordinances,or parts thereof,that are in conflict with this ordinance are hereby repealed. Section 19. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian,Idaho,this day of 12023. APPROVED by the Mayor of the City of Meridian,Idaho,this day of 12023. APPROVED: ATTEST: Robert E.Simison,Mayor Chris Johnson,City Clerk CERTIFICATION OF SUMMARY: William L.M.Nary,City Attorney of the City of Meridian,Idaho,hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L.M.Nary,City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO.23- An ordinance amending the title of Title 7,Meridian City Code to"Traffic and Parking";amending the title of Title 7, Chapter 1, Meridian City Code to "Traffic Code"; amending Meridian City PARKING ORDINANCE UPDATES PAGE 10 DRAFT—JULY 25, 2023 Code section 7-1-2, regarding traffic infractions; repealing Meridian City Code sections 7-1-3 (regarding repairing vehicles in city streets),7-1-4(regarding emergency vehicles;restrictions near fire)and 7-1-5(regarding school and city property);amending Meridian City Code section 7-1-6 (Speed restrictions); repealing Meridian City Code section 7-1-7, regarding driving through funeral procession; amending Meridian City Code section 7-1-8, regarding U-turns; amending Meridian City Code section 7-1-9,regarding electric power-assisted scooters;amending Meridian City Code section 7-1-10,regarding center turn lanes;amending Meridian City Code section 7-1- 11, regarding use of public or private property as a throughway; amending Meridian City Code section 7-1-12, regarding negligent driving; amending Meridian City Code section 7-1-13, regarding air compression brakes; repealing and replacing Meridian City Code section 7-2-1, regarding definitions;amending Meridian City Code section 7-2-2,regarding prohibited parking; amending Meridian City Code section 7-2-5,regarding parking on public streets other than alleys; amending Meridian City Code section 7-2-6, regarding Parking on public property other than streets and alleys and parking in City parks; 7-2-7, regarding parking on City property where parking permit required;repealing conflicting ordinances; and providing an effective date. The full text of this ordinance is available at Meridian City Hall,City Clerk's Office,33 E.Broadway Avenue,Meridian,Idaho. PARKING ORDINANCE UPDATES PAGE 11