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HomeMy WebLinkAbout2023-09-05 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 05, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader (4:35 PM) Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the August 15, 2023, City Council Work Session 2. Approve Minutes of the August 15, 2023, City Council Regular Meeting 3. Approve Minutes of the August 22, 2023, City Council Work Session 4. Approve Minutes of the August 22, 2023, City Council Regular Meeting 5. Artemisia Sanitary Sewer and Water Main Easement (ESMT-2023-0116) 6. Aviation Subdivision Pedestrian Pathway Easement (ESMT-2023-0100) 7. Brightstar Care Overland Water Main Easement No. 1 (ESMT-2023-0113) 8. Final Plat for Graycliff No. 4 (FP-2023-0012) by KB Home Idaho, LLC., generally located south of W. Harris St. and west of S. Meridian Rd. 9. Final Order for Kingstown Subdivision No. 1 (FP-2023-0007) by Kimley-Horn & Associates, located at 2610 E. Jasmine Ln. 10. Final Order for Sessions Parkway Subdivision (FP-2023-0002), by KM Engineering, LLP., located at 2700 N. Eagle Rd. 11. Findings of Fact, Conclusions of Law for Sessions Parkway Subdivision (H-2023- 0030) by KM Engineering, LLP., located at 2700 N. Eagle Rd. 12. Agreement Between the City of Meridian and Eagle View Landing Apartments, LLC to Accept Deposit of $12,000.00 for Installation of Streetlight 13. Animal Welfare and Enforcement Agreement between the City of Meridian and the Idaho Humane Society for Fiscal Year 2024 14. Development Agreement (Alden Ridge Subdivision H-2022-0059) Between the City of Meridian and Ryenn Holdings, LLC and Prabhjot Kaur Sidhu and Abninder Singh Sidhu for Property Located at 6870 N. Pollard Lane and the three parcels to the north and east, directly east of SH-16 and directly south of the Phyllis Canal at the northern edge of the Meridian area of City impact 15. Development Agreement (Newkirk Neighborhood H-2022-0088) Between the City of Meridian and Lansing Farm, LLC (Owner) and Conger Group (Developer) for Property Located at 4250 W. Franklin Rd. 16. Fiscal Year 2024 Cooperative Agreement between the City of Meridian and Valley Regional Transit 17. Recipient Agreement Between City of Meridian and I Heart Treasure Valley for Fiscal Year 2023 Neighborhood Grant Funds 18. Recipient Agreement Between City of Meridian and Meridian Senior Center for Fiscal Year 2023 Neighborhood Grant Funds 19. Resolution No. 23-2407: A Resolution Reserving the Forgone Amount for Fiscal Year 2024 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, et seq.; and Providing an Effective Date 20. City of Meridian Financial Report - July 2023 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 21. Idaho Transportation Department: Eagle Road/State Highway 55 Safety Group Speed Review Recommendation and Discussion 22. Compensation Committee: General Employee Salary Administration Guidelines ACTION ITEMS 23. Public Hearing for Proposed Solid Waste Fee Increases ORDINANCES \[Action Item\] 24. Ordinance No. 23-2023: An Ordinance in accordance with Idaho Code sections 50- 328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1, 2023. Second Reading Only 25. Ordinance No. 23-2034: An Ordinance of the City of Meridian, Idaho amending Ordinance No. 22-1993, the appropriation ordinance for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (FY2023), by decreasing total appropriations from $219,724,039 to $217,401,857, increasing total revenue from $136,628,580 to $151,310,494, and decreasing the use of fund balance from $83,095,459 to $66,091,363; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 26. Ordinance No. 23-2035: An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $233,617,299 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2023 and ending on September 30, 2024. To levy all such appropriate taxes and levies as authorized by law upon taxable property; and to collect all authorized revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 27. Ordinance No. 23-2036: An Ordinance (Alden Ridge Subdivision – H-2022-0059) annexing a parcel of land lying in the southwest quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 24.8 acres of such real property from RUT (Rural Urban Transition) to R-4 (20.35 acres) (Medium Low-Density Residential) zoning district and R-8 (4.45 acres) (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 28. Ordinance No. 23-2033: An Ordinance (Newkirk Neighborhood – H-2022-0088) annexing the east half of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 22.667 acres of such real property from RUT (Rural Urban Transition) to TN-R (Traditional Neighborhood Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener EXECUTIVE SESSION 29. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into executive session: 5:55 PM Out of executive session: 6:33 PM ADJOURNMENT 6:33 PM Meridian City Council Work Session September 5, 2023. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, September 5, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is September 5th, 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 adoption the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move the adoption of the agenda as published. Cavener: Second. Simison: I have a motion and a second to adopt the agenda as published. Is any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the August 15, 2023, City Council Work Session 2. Approve Minutes of the August 15, 2023, City Council Regular Meeting 3. Approve Minutes of the August 22, 2023, City Council Work Session Meridian City Council Work Session September 5,2023 Page 2 of 31 4. Approve Minutes of the August 22, 2023, City Council Regular Meeting 5. Artemisia Sanitary Sewer and Water Main Easement (ESMT-2023- 0116) 6. Aviation Subdivision Pedestrian Pathway Easement (ESMT-2023- 0100) 7. Brightstar Care Overland Water Main Easement No. 1 (ESMT-2023- 0113) 8. Final Plat for Graycliff No. 4 (FP-2023-0012) by KB Home Idaho, LLC., generally located south of W. Harris St. and west of S. Meridian Rd. 9. Final Order for Kingstown Subdivision No. 1 (FP-2023-0007) by Kimley-Horn & Associates, located at 2610 E. Jasmine Ln. 10. Final Order for Sessions Parkway Subdivision (FP-2023-0002), by KM Engineering, LLP., located at 2700 N. Eagle Rd. 11. Findings of Fact, Conclusions of Law for Sessions Parkway Subdivision (H-2023-0030) by KM Engineering, LLP., located at 2700 N. Eagle Rd. 12. Agreement Between the City of Meridian and Eagle View Landing Apartments, LLC to Accept Deposit of $12,000.00 for Installation of Streetlight 13. Animal Welfare and Enforcement Agreement between the City of Meridian and the Idaho Humane Society for Fiscal Year 2024 14. Development Agreement (Alden Ridge Subdivision H-2022-0059) Between the City of Meridian and Ryenn Holdings, LLC and Prabhjot Kaur Sidhu and Abninder Singh Sidhu for Property Located at 6870 N. Pollard Lane and the three parcels to the north and east, directly east of SH-16 and directly south of the Phyllis Canal at the northern edge of the Meridian area of City impact 15. Development Agreement (Newkirk Neighborhood H-2022-0088) Between the City of Meridian and Lansing Farm, LLC (Owner) and Conger Group (Developer) for Property Located at 4250 W. Franklin Rd. 16. Fiscal Year 2024 Cooperative Agreement between the City of Meridian and Valley Regional Transit Meridian City Council Work Session September 5,2023 Page 3 of 31 17. Recipient Agreement Between City of Meridian and I Heart Treasure Valley for Fiscal Year 2023 Neighborhood Grant Funds 18. Recipient Agreement Between City of Meridian and Meridian Senior Center for Fiscal Year 2023 Neighborhood Grant Funds 19. Resolution No. 23-2407: A Resolution Reserving the Forgone Amount for Fiscal Year 2024 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, et seq.; and Providing an Effective Date 20. City of Meridian Financial Report - July 2023 Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda and for Mayor to sign and Clerk to attest. Cavener: Second. Overton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 21. Idaho Transportation Department: Eagle Road/State Highway 55 Safety Group Speed Review Recommendation and Discussion Simison: So, we will go right into Item 21, which is a department report from the Idaho Transportation Department regarding Eagle Road, State Highway 55, Safety Group Speed Review Recommendation and Discussion. I will turn this over to -- okay. It's -- it's going to be Dan McElhinney with the Idaho Transportation Department. Dan, welcome. Meridian City Council Work Session September 5,2023 Page 4 of 31 McElhinney: Thank you, Mayor, Council Members. We appreciate this opportunity to update you on the State Highway 55, Eagle Road, safety corridor planning and today with me, of course, is our District Engineer Caleb Lakey and I will just give some opening comments and turn it over to our district engineer. Let's see. We have got for the -- the mouse. Maybe I will draw your attention to the handouts in front of you, Mayor and Council Members. The one is called the scope of work, which was developed last fall with city and ITD staff and our working group with ISP and other team members and I just gave an outline of at least as of December the background of objective and the approach moving ahead to look at speed, crash and sign data on the corridor from 1-84 to State Highway 44 on Eagle Road. Second handout out is entitled speed limits, which was probably drafted around 2013, 2014 after the 2012 House Bill 619 passed in Idaho and Code 49-207 was updated regarding setting speed limits on state highways and city streets. And the third handout is part of the proposal and it's an engineering drawing of speed limit feedback signs and an advisory speed limit sign, which is -- Caleb will go through that in the proposal. Thank you. Great. Thank you. So, just an update on the 55 working group is what I will cover and talk about some of the options that were reviewed and we will cover the proposal and benefits for your questions and comments and talk about the next steps ahead in looking at traffic safety on State Highway 55. The working group consisted of Meridian, Boise, and Eagle staff, Ada County Highway District, Idaho State Police, as well as ITD staff and traffic operations, engineering at the district and headquarters level. We had meetings in the fall and through the winter and developed a -- the safety plan, which is one of your handouts as far as the scope and we are able to have a couple updates with David Miles of your team, as well as the Mayor and getting some suggestions and feedback and the possibility of taking the traffic speed limits to 45 miles an hour from 84 to State Highway 44. The handout regarding speed limits fact sheet is summarized here as well from Idaho Code 49-207 and you will hear a lot about the 85th percentile of free flowing traffic. Well, that -- that's a guidance at the federal level as well for traffic engineering -- is to consider free flowing traffic versus the posted speed limit and posted speed limits cannot be set arbitrarily as guidance. This helps determine a safe and reasonable speed as determined by a vast majority of the drivers based on the highway conditions drivers are experiencing. So, during a -- a speed study review you are taking a look at free flowing traffic queues, particularly during the a.m. and p.m. peak hours morning and evening and we are looking to avoid speed variance between vehicles where drivers may be driving for conditions, while others may be driving the posted speed and that's why the majority of drivers is what the studies are based on. Now, national research has shown fewer accidents using this -- this guidance and based on the review revising the speed limits is not apparent as we presented at the last meeting and you asked us to take another look at it from a few angles, in particular to context sensitive solutions on the corridor and the 85th percentile speeds observed during our review and during peak hours, as well as off peak hours were below the posted speed limits and here are the speed zones that we have. The posted speed limit from 1-84 to Fairview is 50 miles per hour. In the St. Luke's Hospital zone to Fairview and, then, Fairview to Boise River North Channel is posted at 55 miles an hour and, then, at the intersection zone of 55 and 44 it's posted at 40 miles an hour near the river. I will introduce Caleb Lakey to go through this in more detail and also go through the proposal. Thank you. Meridian City Council Work Session September 5,2023 Page 5 of 31 Lakey: Dan, Mr. Mayor, Members of the Council, Caleb Lakey, District Engineer for District Three, ITD. I just want to continue on with what Dan has shown you here as far as what we have looked at and leading to our recommendation this evening. You might recall from our last presentation Eagle Road carries over 57,000 vehicles per day. It's certainly a high volume and high mobility corridor for the area. We have a peak hour volume over 4,200 vehicles. So a lot of traffic moving on Eagle Road and the other thing I want to point out here is projected to be over 73,000 by the year 2040 with the growth rates and the current NPO model. So, you know we -- we have a lot of traffic today and we expect that not to slow down at all moving forward in the future. So, as we consider any options for Eagle Road we -- we need to consider the balance of what we have today and what we have coming in the future and the -- the role Eagle Road plays in our valley here and, then, just for information we -- we did run some travel times. We -- we did hire a consultant to go out and collect some speed data and also some travel times. What you can see here on the screen is what you expect. Travel times drop a little bit in the morning, they drop significantly in the afternoons and they pick back up in the evenings and so the reason I want to emphasize that is we -- we don't have a consistent usage on Eagle Road, meaning throughout all hours of the day. There are peak hours and the peak hour we see congestion. When we have congestion we do see speeds slow due to the high volume of traffic and all of the merging and diverging movements taking place, but there are periods of time where the road flows very freely and functions very well as a thoroughfare north and south in the valley, which is critical to overall mobility and transportation needs in the valley. As we looked at crash data, the number of crashes, and this is no change from last time. The number of crashes -- crashes is fairly consistent year over year. We always like to see less crashes, of course, but the idea that the crashes are consistent tells us there is not some sort of outlying influence taking place on the highway. There is -- there is still bad decisions being made and we will continue to work towards trying to mitigate those, but overall the -- the number of crashes we see is fairly consistent and relatively low considering the percentage of traffic and the fact that it's a six lane highway as a regional arterial road. We -- you know, again, we always like to see less, but the numbers that we see are not -- are not showing us a need to say there is a significant crash problem here. The vast majority of those crashes are intersections. If the roadway functions with much more limited access we will reduce a lot of -- a lot of the crashes and that makes sense as people are slowing to turn or joining traffic or just generally making lane changes that causes a lot of our crashes. Unfortunately, 31 percent are distracted driving. That's a continuous campaign in partnership with the law enforcement and, then, a small percentage failure to yield. There is a pretty high crash rate down by St. Luke's. There is a high volume there and there is a high crash rate. But the majority of crashes really happens between Franklin and Chinden and that's a high volume section as well. So, none of that should be surprising. That's what we would expect and -- and what we found and why I'm saying this to you is what we found in looking at the data confirmed what we have observed generally on the operations of the highway. So, you know, since we last met what has the city done? The city dedicated staff time to participate in this working group and we appreciate that and the city invited us back to -- to meet today and we met a couple of times also with -- with the Mayor and chief of staff and we also recommend that moving forward that the city host Meridian City Council Work Session September 5,2023 Page 6 of 31 with ITD maybe an open house or some way to communicate what the plan is for Eagle Road, what that looks like, and so our community members and stakeholder members know what we are working on and what the plan is. ITD actions. So, we completed a signage review and did some updates. You can see those on the bottom of the screen here. We added these that are mid-block terms. The left turn yield through, additional placard was added and the do not block intersections was added for the through movements the north and south. The third lane widening on Eagle Road was completed and that was completed through a partnership with the developer of The Village they completed that third lane, that's been a great enhancement to the corridor overall and help smoothing with -- help smoothing some of our traffic and, then, most recently we repaved the whole corridor and so now you have some -- we call it nice black and smooth pavement out there. That came with enhancing the striping, right, refresh the striping as well. That's been completed. We changed over into that project a small U-turn project to both Ustick and McMillan, so there was observations that some vehicles making a permissive U-turn there would have troubles making that corner, especially if they are in a vehicle any larger than a sedan and so we bulbed out the pavement slightly on those corners to allow for a smoother movement and that's important as we talk about the potential to restrict access moving forward. You have to provide an opportunity for those vehicles to turn around and access businesses along the corridor. So, those U-turns become really important and since those U-turns were a modification after the original of the highway we further modified it in this last project and have gotten positive feedback about that. The other thing I wanted to highlight is that we did do an enhance enforcement in September of last year that was in partnership with ISP. Your PD also participated. I believe Boise Police Department was there. Ada County Sheriff. And did an enhanced enforcement in September. Made 79 traffic stops -- majority of the traffic stops, I should say. There were a couple speeding violations in there. Equipment violations. Non-moving violations. But, again, it was -- there was no large overarching or -- or jump off the page at you contributing factor. I did participate in that. I did a ride along with ISP that day just for an hour or so as my schedule permitted and was able to observe several traffic stops, participate in a couple ourselves. My observation is that the highway largely regulates itself given the nature of the highway, the sequencing of the signaling along the highway and the way traffic behaves. In large part traffic is -- is self regulating given the capacity of the highway. That does not mean there is not opportunity for drivers to make poor decisions, just offering as my observation and being part of this enhanced patrol. So, our proposal summary. We evaluated the corridor for traffic speed, travel time, crash information and did some field reviews. We did consider the mid-block unsignalized left turns and what those -- how they are operating and how they could be further modified to operate. Was their opportunity to add more signals? We have 16 signals already and, you know, what would additional signals look like. For example, signalization like we added at The Village where you had a signalized left in. What kind of opportunity would that provide? There is always a trade-off, so what that would also do. Again, that goes back to my comment about U-turns at the current signalization. Where we -- where we have landed, Council, and what our recommendation is based on the feedback that we have gotten and what we have observed, we would like to enhance the corridor with watch for stopped traffic signs and I have an example of that behind me here, with an advisory 45 Meridian City Council Work Session September 5,2023 Page 7 of 31 mile an hour sign placard below that. We would like to enhance these signs further with flashing yellow beacons that would be timed. So, in the morning hours, 7:00 to 9:00 and in the afternoon 4:00 to 6:00. Those lights would be activated, thereby drawing the driver's attention to them and emphasizing their concern of congestion. As I mentioned the majority of our crashes are happening at intersections to kind of alert the drivers be looking for that. So, will that change the speed limit? No. That's not changing the speed limit. However, it's advising the drivers, which is what we have heard and what we have seen, is the problem is driver's expectations on the highway by driving at night and I can drive 55 and, then, I come out there in congested hour and one lane is moving and one lane is not, what's the expectation of the driver. I like this recommendation, because simply changing out a -- a speed limit sign I believe would have limited impacts to the driver. There is lots of signs out there already and I bet if you stop most drivers and ask them what signs they passed they are not going to be able to recite for you what they are seeing on the highway. A sign that's adaptive to some degree, that's not always flashing, but can flash and we can modify that further, does tend to grab -- grab attention further and draw an emphasis to what we are trying to communicate and educate to the drivers. We also would like to install vehicle speed feedback signs on all of our posted speed limit signs for the 55 mile an hour zone. So, just to give you a little bit better feel for what that means, here is our -- our engineering drawings and what those would look like. You have a copy of that as well. The details there. More detail than you need, but I just want to provide you that we have drafted that up as far as installation would go. But probably more pertinent is, you know, what would it look like. Again, I have the sign behind me here for watch for stopped traffic. This illustration just shows with the alternating beacons on top. Again here I think the big benefit is we -- we talked about and we looked into what does a variable speed zone look like. We steered away from that is because it's -- it's very difficult to communicate a variable speed when you don't have a -- say a captive audience. Like on a freeway when you get on at one ramp and you are going to be going the same direction for several miles with the same group of people, you can communicate, hey, the speed for the next five miles is -- is X. On a road like Eagle Road where you have so many opportunities to be on and off it would be very very difficult to communicate effectively a variable speed. However, something like this where we can make it adaptive to say, hey, there is certain times a day that there was value to that idea of a variable speed. There is certain times of the day when we want you to really pay attention for stopped traffic and we are recommending that you slow down. I think this is a really good approach to do that. And, then, as I mentioned, the speed feedback signs. You have seen these. But we would like to enhance the speed zone with these on our current 55 mile an hour zones. Thank you. So, just give you a general idea of what we are proposing, as I have described it -- and this is not an exact -- exact drawing of what we intend to do, but gives you a feel. You know, the blue dots represent the watched for stopped traffic signs. The red dots represent where we would install the feedback signs. Predominantly between Franklin and McMillan we would install the watch for stopped traffic on both sides of the highway. Again, with those -- those zones in the morning hours and evening hours those can be adapted or enhanced and, then, the 55 mile an hour zones with the feedback signs as well. So, you know, the exact location of these we can work further on what exactly those look like. I just wanted to give you a feel of Meridian City Council Work Session September 5,2023 Page 8 of 31 what we thought that could look like and the benefits that would bring. So, again, benefits are enhances driver awareness and safety. A sign that's adaptive or active is going to grab their attention more than a static sign. It's adaptable as traffic conditions warrant. So, as I started with we expect to see continued growth on Eagle Road, that's not a surprise to anyone. This won't be the last time we are going to have to consider what Eagle Road looks like. These signs can be adaptive as that goes to extend the hours, modify the hours, et cetera. We believe that those feedback signs and advisory signs will have mobility and operational benefits to the users on Highway 55. And safety emphasis. We will have a -- we will have higher visibility and the corridor will be monitored by ACHD, ISP and ITD. So, we -- as we install these we can continue to monitor them and see if it makes any difference. Is it having an impact on the behavior of the drivers. So, as far as next steps go, certainly if you have any suggestions or requests from today we can -- we can consider those and provide a summary by the middle of next month. We have an ongoing signal retiming project with ACHD that will continue as far as the coordination of the signals. In addition to that ITD and ACHD are meeting in late September to review the current signal timing and travel speeds on the corridor, as well other corridors in Ada county. We can work with the working group to develop our final details on our proposal and, then, we would like to update the Idaho Transportation Board later this fall on the current status of the corridor. So, Mr. Mayor, Members of the Council, that is our recommendation and our proposal to you and our report back on the speeds and information we looked at since we last met and, Mr. McElhinney and I will certainly stand for any questions or comments you may have. Simison: Thank you, Dan and Caleb. Council, they have heard enough from me, so I'm going to turn this over to you for the conversation. Council Woman Perreault. Perreault: Mr. Mayor, thank you. I'm encouraged by what I heard today. I think this is very well thought out. The question I have is just what interaction that you have had with the business owners -- property owners along 55, how they have been involved in the process, what feedback you have gotten from them, if it's been helpful and if there is any concerns that the innovation of left-hand turns and the slowing will cause traffic to start utilizing parking lots as cut throughs and things like that. Lakey: Mayor, Council, I have not had any engagement with the business partners on modification. We have heard some anecdotal feedback. Yes, we like to engage the partners, we like to work that through the city as far as businesses go. To your question a couple -- a couple thoughts I have. You know, there is always concern of -- of cut- through traffic. That's something we would want to consider if -- if we are going to be influencing that. What other options can we provide to encourage traffic to stay on the highway for U-turn movements, et cetera, and -- and just to be clear we are not currently proposing to close any mid-block access points. This is an option we could still certainly consider in the future moving forward. That would have big impacts and -- and that was something we need to coordinate very closely with the city and the business owners. Simison: And for the record Council Woman Strader joined us at 4.35. Meridian City Council Work Session September 5,2023 Page 9 of 31 Overton: Mr. Mayor? Simison: Councilman Overton. Overton: If I could have a few minutes. Simison: The time is yours. Overton: First off, thank you, ITD and your work group. A tremendous job you have done. But I'm going to give you a little different reality that I have. I have lived here long enough that I remember when Eagle Road was a two lane road with a stop sign at Fairview and I have watched it grow and I have watched the interchange go in and I have watched as the businesses have come and the houses have gone and shopping centers have gone up. I now represent the district that represents that area from 1-84 all the way to the city limits on Eagle Road and I am consistently hearing the same thing. The speeds need to come down. I was worried about commerce. It's Highway 55. We are worried about vehicles coming through. You gave times of 11 to 16 minutes, 16 to 23 minutes, ten to 14 minutes, different times of the day. If it was a perfect world we had two cars starting at Chinden and driving five miles, basically almost a part of -- we have in Meridian, five miles of Eagle Road and there were just two vehicles on the road and one of them was going 45 miles an hour and one was going 55 miles an hour and they had all green lights all the way through, something that would never really happen in the world, the 45 mile an hour car would get there in six minutes and 40 seconds. The 55 mile an hour car would take five minutes and 27 seconds. This is simple math. The difference between those two cars is only a minute and 13 seconds. As you can tell I'm a proponent of only having 45 miles an hour 24 hours a day. We are not affecting commerce. We are not affecting the average driver. If you are telling me that the times are taking 11 to 16 minutes and those other times, then, they are, obviously, not driving 55 miles an hour all the way through the corridor. They are not even driving 45 miles an hour through this corridor. The average vehicle runs just over 4,000 pounds. The average commercial semi empty with a trailer weighs 35,000 pounds. The average commercial semi with a full trailer is 80,000 pounds. We have got to deal with some really big rigs coming down Eagle Road at a 55 mile an hour speed limit, when we are putting in medium and high density residential and a lot more business that are opening out onto Eagle Road -- I think parts of this plan are really good, but I think for simplicity's sake this must be a 45 only zone from the city limits -- I would like to say Chinden, but that's outside of our city. But at least from our city limits all the way through to the interstate. We can reduce, because stopping times on vehicles -- you have to remember you have reaction time, so -- and I know I have got ISP in the house and MPD in house and if you don't know I spent 27 and a half years with Meridian police, so I have studied and lived in and read this stuff for years. We could have a 25 percent reduction in the amount of time it takes for a vehicle to stop by simply dropping it by ten miles an hour and that doesn't go into the fact that now we have got to talk about the kinetic energy each one of those vehicles has at a higher speed versus a lower speed when we have a collision. My ultimate goal is to see a reduction in accidents, but specifically a reduction in the seriousness of injuries and fatalities and I Meridian City Council Work Session September 5,2023 Page 10 of 31 think the only way to do that is to not put up temporary signs, not put up another sign that people got to watch depending on the time of the day, but to simply make this a 45 mile an hour road. We are not going to disturb the overall amount of time it takes people to come through our city. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I apologize being a bit late, but I was listening in. I agree with Councilman Overton and I -- I think the piece that's missing for me -- and I appreciate that you are looking at things holistically, but it's really the crash severity to me that is a big concern and that I think is the element that we are trying to address. It's -- it's not just, you know, the -- it's -- it's really trying to weigh the crash severity from having, you know, 55 miles an hour plus. People especially exceeding the speed limit and I think going down to 45 would make a huge difference. I appreciate the thought about the advisory signal. I mean it is a step in the right direction, but I just don't think it goes far enough. That's my feedback. Simison: Councilman Cavener. Cavener: Dan, Caleb, nice seeing you. Appreciate you guys being here. You know, we may have different resolutions that we would recommend, but one thing I think is important I just want to say thanks. Because I know you guys are in the business of moving people as efficiently and safely as possible. We are in that same place. It's kind of like we are on a road trip, we have just got different ways that we get there and so that's where some of my questions are coming from is that you are the engineer, I trust your expertise, but it's kind of the other side of the coin that represents the community, some of this doesn't land right and so this is where some of my thoughts are going to be coming from. You -- you mentioned the significant amount of work that you all did kind of leading up to this and it looked like that you engaged with other jurisdictions, City of Boise, City of Eagle. So, my first question for you is -- is Boise saying 55 makes sense? Is Eagle saying 55 makes sense? Or are they kind of the similar vein of Meridian saying that maybe 55 is too high? Lakey: Mayor and Council, so, yes, Boise and -- and Eagle were on that working committee with us. They -- there was no consensus of, yes, it has to drop to 45. They would be supportive of that, but they had different objectives. They -- they don't have the highway -- they don't have a majority of the highway like you do in Meridian; right? So, Eagle's -- Eagle's perspective is, you know, hey, we are kind of at the end of the line -- now they did not make any, you know, overt, hey, we want to keep it as high as possible to get to Eagle as fast as possible. Never said or implied at all. But their perspective is a little bit different. And, then, Boise, obviously, they are pretty removed as well. Boise in the conversations we had talked about sidewalk connectivity. There was talk about PEDs and bikes and we actually had -- as a result of the input from both Boise and Eagle expanded our -- when we -- when we do our -- safety we look at Meridian City Council Work Session September 5,2023 Page 11 of 31 crashes; right? We literally draw a polygon around the area and pull -- queries all the data. We expand that out about a quarter mile each side of Eagle Road to capture any -- what you might call ancillary accidents and we still were unable to find any sort of uptick of, you know, ancillary pedestrian or bicycle related accidents that were recurring because of Eagle Road or proximity, even trying to make the connectivity that because they were a quarter mile off and they are heading to Eagle Road, et cetera, we didn't -- we didn't see that. So, again, I -- I think overall Eagle and Boise go along with whatever is decided and would be supportive of what -- what Meridian is saying. But they also were not coming out and saying this is a must have from -- Cavener: Sure. Lakey: -- what I heard. Cavener: I appreciate that. Mr. Mayor, a couple more questions if I may. Simison: The time is yours. Cavener: My next round of questions kind of deals with this advisory speed limit and you will have to forgive me, that was something that when I was reading through this stuff I was like, no -- now, what's that? And you actually kind of confirmed my concern about it when you were talking about the amount of signs on Eagle Road and how overwhelming it can be and so maybe can you present to the Council where these advisory traffic or speed limits being posted and what has been the impact, positive or negative, of them being placed? Because, again, as just a driver that would be really confusing to me that I -- I drive for a little bit and I see 55 and, then, I see a yellow sign that says 45 and trying to figure out what my speed limit is, someone who wants to follow the law it can be confusing. Lakey: Certainly. Yeah. So, the best example I can give you to illustrate where we typically use advisory speeds is on curves. So, you are on a -- you are on a highway and the speed limit let's say 55 miles an hour and come up on a curve that's not necessarily speed rated for 55 miles an hour, we would post that at a lower speed to say we advise you to slow down around this curve specifically for larger vehicles. So, that's where you would see it most commonly. This application is a bit unique and they arrived there after considering what a variable speed could look like and how we would implement that and we got to a point where we struggled, as I explained earlier, we don't know how we would adequately explain or inform the driver on a regulatory speed given the nature of Eagle Road and so we -- we backed off of that and we said what else can we do to communicate the same need that, hey, there are certain times of the day when you should pay closer attention to potential for a road hazard and we arrived at this idea of posting an advisory speed. So, the advisory speed does not change the regulatory speed. Regulatory speeds are black on white signs. Those are ones that you can write a ticket against that for speeding. However, an advisory speed is a recommended speed that says there is some sort of road hazard that you should be considered -- considering as -- you as a driver and although you might not write a Meridian City Council Work Session September 5,2023 Page 12 of 31 citation against it for speeding, there is certainly still opportunity for saying, hey, you are not driving for conditions as -- as recommended on the highway. To your question about sign clutter, that's always an ongoing battle. You know, I -- I think the light package would enhance that, but there may be an opportunity to remove some more signage. That's a conversation we have had with several communities of, you know, what signs can we consolidate or remove to emphasize the ones that mean the most to us. Everybody wants a sign, especially on the frontage road. Businesses want frontage signs along there. It's -- it's an ongoing challenge. You have a valid point about how these things stick out and this is just another one and the educational part of this I think is very valid as well and, hence, my comment about potential for maybe an open house or community outreach to say, look, here is what this means and here is why we are doing it. This is driven from not so much a desire to enforce the speed limit, that was never our motivating desire. It was always to educate desire -- educate drivers and improve safety. So, the idea that the sign technically is not the regulatory speed I'm not so wound up about. It's the idea of communicating to the drivers of, hey, here is the speed you should be driving and we are going to try and emphasize that to you. Cavener: And I think, Caleb, that's -- that's where I come from is because I think we are on the same page, but I worry that this is going just to add additional confusion on an already kind of busy road for our drivers. Caleb, my -- my last question for you is -- and I -- sometimes I pose this question when we have people before us when -- when I'm struggling to kind of see through the same set of eyes that you all have and so it's kind of a simple question, but it helps me see through your expertise. How does our community benefit by keeping 55 miles per hour on Eagle Road? Lakey: Councilman, I would answer that question by saying there are times when you can drive 55 miles on that road no problem. There is -- there is no reason not to. And to Council's excellent description earlier, there is times when you cannot. The road is already self-regulating. So, if -- if we were to change the speed limit arbitrarily down to 45 miles an hour to try and better match what we see during some peak hour concentration or congestion hours, why is it that a driver at 9:00 at night can only drive 45 miles an hour? Why -- why can't they drive 55 miles an hour? The road is designed for it. The road is built for it. There is no reason -- there is no obstruction why they shouldn't be. So, we are -- we are put in a driving situation where there is no reason why they can't, the data says they should be able to, but we are arbitrarily restricting them down and putting them in a position to where they are going to be potentially in -- in violation of the law by driving a speed that's reasonable and safe otherwise. So to me that's the benefit. I -- I -- I guess I might even flip the question, Councilman, and say what's the benefit of dropping the speed. If the cars are already traveling that speed on their own, they are self-regulating due to traffic signals and congestion, what good does 45 miles an hour post? We are not changing anything. Cavener: I would love to buy you a cheeseburger and have that conversation and not have to have everybody -- because I have strong feelings about that and I go back to -- we have a -- a ranch in Montana. I remember when Montana did away with speed limits; right? You are driving down the interstate and the speed limit was -- I remember Meridian City Council Work Session September 5,2023 Page 13 of 31 reasonable and prudent, except for at night. Oh, but the -- the roadway can handle that type of traffic capacity, but they slowed cars down at night because there are things that sometimes drivers can't see at night, which is -- I would almost reply back to your question when you are talking about just because the -- the roadway is designed to handle speeds, it doesn't always mean that those are reasonable and prudent speeds for people to be driving. So, appreciate the insight, appreciate the education. For what it's worth I'm in support of all of your recommendations but one and I appreciate the thought and consideration that you brought to us today. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Caleb, I need a layman's approach and understanding to this. I don't have the expertise, experience Councilman Overton has, so when I hear you talk about the 85th percentile and, okay, that makes sense to me, because we have all had that experience -- like on the freeway someone's going way below the speed limit, cars zooming by, I mean that's a hazard. Get that. People going way too fast that's a hazard. Okay. The 85th percentile makes sense. And, then, when I -- when I looked at the chart you had up there and it's 50 miles up here by St. Luke's, then, it's 55 and, then, 40 at Eagle, okay, well, this is the same stretch of highway and, then, the majority of the crashes are between Franklin and -- and Chinden, which is the 55. So, I get all this data and, then, I try to make sense of it and I'm a little confused. So, can you walk me through that 55 corridor majority of crashes, 85th percentile, when looking at the same stretch of the road. There must be differences, but I -- I'm just not -- I don't have much clarity mentally on that. So, walk me through that if you could. Lakey: Mayor, Councilman, I think the -- the clearest point I would point to -- clearest indicator would be that on both ends the highway is essentially ending; right? You have -- you have a major point with the freeway on the south and you with Highway 44 on the north and so the idea the speeds are dropping is not because you are entering in the city limits of Eagle and it's not because you are leaving the city limits to the south and leaving the city limits to the north, it's that you are coming to a major decision point; right? Traffic headed north on Eagle Road for the most part is going to turn left or turn right and head east or west on 44. Same thing headed south. They are going to for the most part turn left or turn right on 1-84. So, the fact that the majority of the traffic is making some diverging movement is a large part of why the speed limits have been modified on both the north and the south end. Now, there was some crash data on both the north and the south end that influenced decisions that were made several years ago, but I guess back to your full circle to your question, if there was a speed limit 55 it would be 55 miles an hour. There has been modifications made on both the north and south there. So, it wasn't so much that we went through set individual speed limits as you went, it was -- there is a speed limit and there were modifications made on both the north and south end after that. Simison: Councilman Borton, I saw you unmute a few minutes ago. Are you -- Meridian City Council Work Session September 5,2023 Page 14 of 31 Borton: The comment was made that there wasn't consensus amongst -- perhaps it was the electeds on this issue. So, my question to you is what if there was? If you had consensus from the electors that this should be 45, would that drive your decision? McElhinney: Thank you, Mayor. Thank you, Council Member. I -- I appreciate that question. This is Dan McElhinney. I'm the Chief Deputy Director of ITD, Chief of Operations. We do get -- we do get great feedback from our stakeholders, our cities, our counties in guiding us, but we are also guided by the Idaho Code 49-207, which is also federal highways guidance on the 85th percentile. So, from a traffic engineering perspective we have got to evaluate free flowing traffic as the guidance goes and what is the majority of the drivers -- you know, their experience and many of our experience is -- some are new drivers on that route every day on a -- a four and six lane highway. Most of 55 for that stretch is now six lanes and 55,000 vehicles a day and -- and Councilman Overton -- I mean that -- that volume has probably doubled in the last 15 -- 15, 20 years. So, they are experiencing that during congestion and the average speeds are about 45 to 48 and during off-peak hours it's 56 to 58. But the -- so, that majority experience drives the -- the evaluation of the speed limit. What's really good about this proposal is we are going to do our best -- and these are going to be very visible and it's a great opportunity for us teaming with the city and all of our partners on the corridor for a safety corridor and there is no stronger message than a couple flashing beacons at key points as -- as the district engineer Caleb has presented, to draw -- hopefully improve driver behavior that helps reduce those crashes and many of them are vehicle damage only crashes and some not. Unfortunately, some are very serious crashes. So, if we were able to arbitrarily change signs as a community we may not get as much effect as putting this proposal in place, because drivers are going to notice. As we went through our reviews -- even our team members originally said, well, what's the posted speed limit. A lot of drivers don't think about that in a congested area. So, this is a great opportunity to really help change driver behavior and we will -- we will see those speeds drop. Borton: Mr. Mayor, follow-up. Simison: Councilman Borton. Borton: Just some reaction to -- to it. You -- you used the word arbitrary. That's probably the wrong word choice. I think some of the individuals behind you and some of the comments you have heard from electeds -- our concern is anything but arbitrary and, candidly, it sounds like it really is some analysis of an efficient number -- an acceptable number of crashes and deaths and that's really the figure that we -- we are willing to accept what's occurring right now is, quote, not bad enough and when I look at the matrix presented I don't know if there is a number of people that would die turning left on Eagle Road that would be high enough in the -- in your calculations to -- to address this in its entire route. So, I share the concerns of my Council Members on the decision. It's frustrating and it sounds like the -- the electeds, through whose city the the road goes, really don't have any -- any weight to the decision, unfortunately. So, I -- I take issue with arbitrary. I don't think our concern is arbitrary and our ask is arbitrary Meridian City Council Work Session September 5,2023 Page 15 of 31 and I respectfully take issue with this -- this concept that there is an acceptable number of crashes and deaths on Eagle Road that -- that warrant keeping the status quo at 55. McElhinney: Thank you. Thank you, Mr. Mayor and Council Member. We are right with you on that, Councilman. We -- we are not happy with the number of crashes on Eagle Road. I used the wording from -- and -- and -- maybe you don't have a fact sheet in front of you, but from Idaho -- Idaho Code 4927, guiding us not to set it from an engineering perspective arbitrarily and I was not describing the Council or -- or the -- or the -- our stakeholders' approach to this. So, we want to get there as well. This proposal for advisory speed -- most drivers are already doing a great job on speed limits and as -- as a speed study shows and that's the 85th percentile and the opportunity to give them guidance during congested times to address that -- that higher crash zone with the advisory speed of 45. It's just a great opportunity for all of us to affect safety. That's -- that's my encouragement. I -- I really appreciate you, Mayor and Council Members. Thank you. Borton: Mr. Mayor? Simison: Council Borton. Borton: Just one -- one -- sorry. One final question. Do you think that the way Idaho Code is unfairly handcuffs your ability to address the concern in a way that you wish you could, but you are unable to do so because of those constraints? McElhinney: Mr. Mayor and Councilman Borton, well, it is probably based on the Federal Highway guidance through -- for highways and the national traffic manual -- uniform traffic control devices and national guidance on traffic engineering. So, it's not just here at the state level, but it is based on that national perspective. We -- nationally we have been given at least, you know, some support in being sure to balance the context sensitivity and knowing it's not just the -- the engineering and the education of our drivers, but the enforcement and the environment overall on the corridor, which actually helps us come to this proposal and justify investment in making a change on the corridor and sometimes the traffic operations -- you have to take very positive support from -- from your city councils, from your mayors, and -- and deliver results that try to address the -- the driver behavior on the core and this has a great chance of doing that. Maybe even a greater chance than just changing the signs. At least that's the team's proposal. That's a great question. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: You had mentioned earlier in the presentation that about 75 percent of the crashes are at intersections. Did I understand that correctly? So, given that that's the majority, do you track what the average speed limit is of the vehicles at the time of the crash and how that's related to -- it sounds to me like -- if I'm understanding correctly -- Meridian City Council Work Session September 5,2023 Page 16 of 31 and I apologize if this is really simplified, but that speed is not necessarily the primary factor in -- in the crashes. So, help me connect the dots between that understanding and the conversation we are having. And I apologize if that's a real simple question, but I just -- I just want to make sure I'm clear on what I'm hearing. McElhinney: Mr. Mayor, Councilman, great question and -- and if I speak out of turn certainly law enforcement can correct me on how this is done on -- on police reports, but on any crash report done to the police there is contributing factors to that to cause that accident and speed is one of those things that can be a contributing factor. Data pulled for 55, speed is not the predominant contributing factor for crashes. Following too close, distracted driving, impairment. So, again, if that was different, if -- it -- if speed was the largest contributing factor I think we would be changing this conversation. The fact that we looked at the crash data -- and there are crashes. They are happening predominantly at intersections. But people are following too close. They are distracted or they are impaired. I don't know if that points a gun at the speed limit for being the causation of those facts. Now, to the comment made earlier, speed does play a factor in severity of crashes, but it's very difficult to -- to draw a linear line between less speed equals less severity. In general you can, but it's not necessarily a one to one on what that's going to be, unfortunately. So, I hope that helps answer questions to -- to -- do we track it discretely? No. But as we look at crashes and look at what causes them, yes, it's -- it's part of the report we look at. Perreault: Mr. Mayor, follow up? Simison: Could we -- do you mind if we throw that a little to our police department as part of the follow up to maybe get their perspective on the impacts of speed on the crashes, since they are currently the ones who are enjoying all the work created by the traffic. Harper: Mayor, just to follow up on that, I don't have the exact data. I would have to do some follow up on it. But we do -- anytime we investigate a crash we do put in the contributing factors that we can determine based off of the interviews. Sometimes it's multiple. It could be following too closely and speed. It could be distracted driving and speed. So, it -- it's not just usually one, there is usually multiple from time to time, but at times there is just one. But to get that data I would have to follow up with you guys and -- and provide that data, which I'm sure our CAU team could come up with. Simison: Council Woman Perreault. Perreault: Thank you. So, of the proposals that were made I didn't really see anything specific in regard to signage or recommendations for the issues specifically at intersections and I -- I don't know if there are any possible, you know, changes that can be made to folks following closely. That's -- I mean everyone knows you don't follow closely. There is -- I don't know what else you can do. That's just -- you know, that's -- or the distracted driving. There is already significant efforts being made to that. So, Meridian City Council Work Session September 5,2023 Page 17 of 31 were there any additional conversations by this group to address those two things or two or three things that are causing the intersection accidents? McElhinney: Mayor, Councilman, there was quite a bit of discussion about what else should we do and, you know, as you pointed out the answer was kind of got -- what else can we do at the intersections to try and emphasize, that educate that more. Overall from a corridor perspective, you know, there could be efforts made to further restrict access along the corridor. If you remove access you can remove those movements. People are slowing the turn in. If you remove that you are going to remove the opportunity to have the rear-end crash or whatever would be happening there. There is a balance there; right? We have created a corridor that has a lot of access, a lot of commerce going on, I don't think we have the opportunity to go back now and say, well, this is a restricted access corridor, like we would on a freeway or like the intent is on the new Highway 16; right? So, that -- that ship has sailed in some -- in some regards as far as completely restricting access. Now, could we -- could we reduce some access? Yes. And -- and do I think that would have some improvement? Yes. But without being able to make a wholesale change on the whole corridor, it comes down to the -- kind of this back and forth of -- of how tolerant are we of that and -- and what are really the benefits of doing that. So, it's a very difficult question. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Kind of a comment I didn't say the first time. Back before the center medians were on Eagle Road Mayor Tammy de Veered asked me, who was the lead for the police department, to help present information on why we needed to have center medians from 1-84 to Franklin Road. The very first ones that were put up. There was a large contingency of people that said no to that. They didn't want to see them. What brought to them was something pretty simple, 34 injury crashes from vehicles turning left from Magic View Drive onto Eagle Road. The center medians went in and 34 went to zero. We did our job. We took care of our community. We caused them a little bit of inconvenience, but we prevented any more future injury crashes from people turning left. That's all we are talking about today. You have -- I'm going to -- I'm going to read this. This is right off National Highway Traffic Safety Administration's website. The extent of crash damage depends upon the amount of energy present. Not what the roadway can handle. The vehicles. The faster a vehicle is moving the more kinetic energy it takes into a crash. The amount of kinetic energy increases greatly with only slight increases in speed. As the amount of energy increases, the chances of a fatality increase. A collision at 60 miles an hour is 50 percent more likely to result in fatality than just 45 miles an hour. It's not just a little bit more, it's a lot more. Ten miles an hour lowering that speed limit doesn't like a lot. It's not slowing people down. In the scheme of things under the times you are talking about at most if they had all green lights it's taking a minute and 13 seconds out of their day. My goal -- and I think what we hear from other Council Members is to try to make our roadway safer for the people that use it, because we got a lot of drivers and a lot of human error that cause most of our Meridian City Council Work Session September 5,2023 Page 18 of 31 accidents. We can't do anything about the human error. Back in the days when they used to teach us accident investigation -- do you remember it was the three E's. It was engineering, education and enforcement and the least effective was enforcement. The number one most effective thing we could do to those roadways was our engineering and how we set the roadways up and how we built them. Education was number two. It's still that way today. The number one thing we can do is not put more cops on Eagle Road trying to write tickets. Not put up more signs advising them they should slow down. It's changing that speed limit and making those permanent changes, so it's consistent for everyone. I believe that from my heart. I always have. Thank you. Lakey: Mr. Mayor, if I may. Councilman, again, I really appreciate your insights and your sincerity. Absolutely. A couple -- a couple thoughts. If -- if Council is proposing modifying access, that's a conversation that can continue about restricting further access on Eagle Road. We are focused today on human input. So, that's something else that could be -- we can follow up on. But the other thing is when we talk about the -- the enforcement, if we change a sign -- and to use the words we used earlier -- arbitrarily, meaning we just pick a number, not trying to dismiss the concern, but pick a number, it doesn't make sense to the driver. He or she is not going to adhere to the speed limit unless we continually enforce it. It starts this vicious cycle of -- of where we don't really want to be. We -- we want the road for the most part to be self regulated. So, again, I go back to the comment I made earlier to -- to the Councilman here about, you know, if -- if the road already is -- traffic is already slow, we see that in the numbers we -- we have already, I don't know what we are changing with the speed limit. People are already -- people are already traveling that. We are putting up a sign and asking law enforcement to enforce it when people are already driving that speed. Overton: Mr. Mayor -- Simison: Yeah. You -- Overton: I don't want to go back and forth on this. I wasn't talking about restricting access. When Overland Road was first completed and it was made five lanes and it was the smoothest new blacktop in the City of Meridian and ACHD had just completed it, we had vehicles going 75 miles an hour down there, because it was the neatest, slickest roadway in the city and the roadway handled it just fine, but it was 40 and they got tickets. I'm really not interested in what the roadway can handle. It's human error that's the factor for these crashes, not what the roadway can handle, and now we have more distractions in vehicles than we ever had before, with navigation systems and cell phones and map programs, so when we had a one and a half second delay for people's reactions before they ever could start applying their brakes and we have the braking distance, plus the reaction time, I believe it's probably even greater today than it was back then. So, I absolutely fault on the side trying to figure out the safest way. It's also still a way we can move traffic quickly through the city. I don't think you are going to see a slowdown in vehicles moving through the City of Meridian by making that change. I also don't like to just try to confuse them with a sign that's advisory only, because it doesn't give our law enforcement teams any opportunity, other than to watch people Meridian City Council Work Session September 5,2023 Page 19 of 31 ignore it and continue to drive 55 miles an hour. But, then, you will have some people that will take it under advisement and drive 45 miles an hour and now I got two different groups of people, some driving 55 and some driving 45, because some people are looking at your signs and some people are taking it under advisement and others are just flat ignoring it. I think it's going to cause confusion. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I actually think in the interest of making sure you have good feedback, I -- I would be open to us doing like a voice vote just on our opinion about whether it should be 45 miles an hour and I feel like that would provide a lot of clarity to you, so you could understand where the majority of the Council is. So, I -- I am in favor of it being 45 miles an hour. Full stop. Simison: And I would be happy to do that. I had been holding my -- you guys got me riled up a little bit, so I want to get some things on the record first just for clarity. I'm going to be happy to throw it up to a voice vote if that's what Council would like to do. Just so we are clear, I want to start with where Councilman Overton talked about, you know, I look at that corridor and the City of Meridian has spent more than -- in my opinion than any other city has done to improve safety along the corridor. I get really frustrated when I look down at the city of Eagle, which has no center medians, which -- and you can correct me if I'm wrong, but my understanding is you modified a speed zone by moving a -- a speed limit sign from one location to another, because of concerns over access around the river, which, again, is during the day, not at night. So, the city that is taking the least amount of interest in preserving safety along the corridor actually gets better treatment towards speed reductions in that area compared to ourselves. The most problems we have are up near the Interstate currently, which you have not reduced down to an adequate level, but at least from my perspective, my conversation was reduce whatever the speed -- whatever the sign currently says, reduce that sign down ten miles. So, 55 doesn't start until you get to The Village. So, from my perspective 45 from The Village, 40 further back working your way up to the interstate, it was never about -- at least from my perspective leaving that at 45, because that doesn't even address the place where you are currently having some of the biggest problems with crashes. You are basically saying, yeah, let's -- let's leave it at 45 at that location. So, just so we are clear, my perspective is that we reduce whatever the current sign is down ten miles an hour along the corridor through Meridian and, yes, elected officials -- at least the Mayor will be one hundred percent supportive in the city of Boise. I can't speak to the council in that regards. They -- they -- they have no concerns from that standpoint. So, at least you understand the council heard -- has heard what I have tried to advocate for and the conversations and I wasn't on the -- on -- my office was represented and -- and -- that hopefully was clearly conveyed in terms of what we were trying to achieve. But we -- we have all -- we have been the most proactive city when it comes to safety along this corridor. We -- we have had limitations put in in development applications. We have tried to be good partners. You know, the Meridian City Council Work Session September 5,2023 Page 20 of 31 conversations that I have had over and over of talking about, you know, what is our community expectations. We -- we -- we talk -- the same -- going back to the same thing. Schools zones. You know, those roads you can drive 45 miles per hour, but we allow them to be reduced during the day despite how well they can drive in that regard. That is, you know, a great example -- and have had these conversations with members of our transportation commission who are engineers, who work for ITD. Sometimes you just set a standard that is what your community expects some values and you do it. And I -- I know the state law changed. We are in after the state law your -- you're handcuffed to a certain extent. But I think this is just one of those things that will continue have to work with the state legislature, so we can try to have an ability to have a reasonable speed limit through our city along these roadways. Just so you know, I have already started getting people complaining about Chinden speed. Now that we have got this nice beautiful road that's 50 -- is it 55 along Chinden right now? Yep. Guess what, complaints are coming in about the speed and -- and the turning movements that are there and that's even less limited of a turn area than what you have or access on Eagle in that regards. We want to be good -- good community partners. We see the same thing on, you know, Highway 69 in terms of a reduction as you get down into those choke points from that standpoint. The hospital is a very unique animal, but there doesn't seemed to be -- no one seems to care in that regards about the access, amount of lights which are tripped on a continuous basis that impact turning movements and speeds and, you know, we -- we all could be engineers when we drive and we understand what are -- how we see, but, you know, the faster you go on the road the more likely you think you can make that light before it turns red in a permissive state and, then, what happens? They call our office, complain about people running red lights, whether it was legal or not, and there is very limited enforcement that we can do in those situations and feedback signs on a three lane road -- come on. Who -- who is going to know who -- who that speed limit -- who that radar is touching for their number in that regard with how congested it really is. Maybe that's great for at night when no one's on the road and you want to see how fast the -- oh, I need to see how good my speedometer really is. It's really not going to provide any realistic information to three lanes of traffic traveling north through the city in that regards. No different than when you drive down the interstate and you are in a construction zone and they have got a sign there and you are like, oh, is that me? Is that not me? And there is only two lanes of traffic in that regard. So, I appreciate our dialogue. I appreciate you coming here and presenting. Unfortunately, I have never seen someone work so hard to leave the speed limit the way it is over the last 18 months. That's on -- that's my honest feedback on this is I -- I feel like that's what this has been is how do we do something without actually doing anything to meet the community expectations and you guys, you know, I love you, but of our conversations and our dialogue and our intellectual conversation -- not over burgers, but in meetings in that regards, but it's -- it's seriously disappointing from my perspective that that's -- this is where we are today and the outcomes that we are trying to maintain, even if you are hamstrung by the state law, I wish that -- I wish -- I cannot -- can't done -- that ITD would stand up to the legislature and sometimes understand what -- communities needs and wants are different than what the state law is and if you agree with it that's a different story. Then I will come out -- then we will have different conversations, but I -- I know where your hamstrings have been in our Meridian City Council Work Session September 5,2023 Page 21 of 31 dialogue, so thank you for letting me rant for a few minutes, but I feel like it was something I needed to at least get on the record. If there is anything you want to reply back to you, go ahead, otherwise, I'm going to have -- I don't have any expectations, because these are our conversations. McElhinney: Well, we appreciate you, Mayor. Thank you. And you have been right in there helping guide us and we all have the same goal and I know -- I know as Mayor and Council Members is you want safety on 55. So, we got some great feedback and we have committed in our PowerPoint to give an update by October 15th, at least in a summary from Caleb. We will work closely with your staff and we are going to take another look at a few things. So, I -- I commit to that for us as ITD. Thank you. Simison: Thank you. So, per Council Woman Strader, by show of hands, is there a preference for 40 -- a maximum speed limit of 45 along the corridor from the Council? Borton: Yes. Simison: And so at least five out of the six that would be the preference from that standpoint. There is -- 40 to 45. 1 think it's 40 -- is it 45 when you get to the interstate right there? Or is it 50? 1 -- it's 50 right when you get off. So, yeah, 40 to 45 would be my hope, so -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I -- I just want to clarify why I didn't raise my hand and it's not because I'm a no. This is -- you know, I -- I only know what you have presented to me. I'm not an expert in this capacity. I feel a little bit out of my element with -- with this kind of decision and I -- my preference for -- for me, what feels comfortable to me for us to implement the proposals that have already been made and, then, take it in more of like a step by step -- okay. If that's not working we assess it for so many months and, then, we maybe take for -- that was my understanding of -- of how the committee wanted to move through this process, that it would be -- we would sort of test things out until we found, you know, solutions that are more workable and so that -- that's -- I just want to clarify that I am not a no, I'm -- if -- if the state decides to change those and lower those speed limits I'm a hundred percent okay with that, but I -- I -- I feel like it would be more comfortable to kind of go through the process that was already proposed, which is to just kind of implement some things, let's test it, implement more things, let's test it. That's what my preference is and maybe -- and I don't want to speak for my fellow Council, maybe, that that's also what they have in mind and they are just saying, hey, our end result respects this, not that they are suggesting a different route that you take to get there. They can clarify that and -- and not me. But I just -- you know, I would like to see a real -- I would just like to go through this really methodically. At the same time I agree with the Mayor that it is highly just -- what's the word -- disappointing is not even a strong enough word that -- that a city can't have more say and influence in these Meridian City Council Work Session September 5,2023 Page 22 of 31 decisions in their own city. I mean it's just -- it's just -- it's just bothering to me that -- that there isn't an opportunity to do any more than what we have been able to do and that there isn't more ability to have some control over that. McElhinney: Mayor, if I may -- Mayor and Council Members, again, Dan McElhinney. A couple of ideas. I think we mentioned earlier that in traffic operation -- traffic engineering to be able to step into a new driver behavior like this proposal could get us to that next step. You know, if we could see speeds begin to drop that helps that 85th percentile study adjust. So, that -- that thinking is smart and it also helps us address the -- you know, the overall federal and highway guidance and state law as well. But -- but also Idaho Code 4927 allow cities to also initiate, you know, independent speed surveys based on the 85th percentile. I think the working group thought about that as well, knowing that you collect the speed data and it kind of tends to be what it is. We will have -- and we mentioned it in the presentation. We do have a couple of teams with ACHD, a couple opportunities for -- to signal timing and signal synchronization, which also will address travel speed. So, we were thinking about, well, if we can get to a point where we all agree, let's -- let's at least implement this first step, knowing that it may take us some time on the signal synchronization, which potentially travel -- you know, speed limits may be part of that equation as well. That -- that will help us overall on the traffic engineering side. So, just to try to -- and I -- I think I reminded you of that a while back, Mayor. You may not remember that, but just step through some of this could really help us as -- as safety leaders for the corridor. Simison: Trust me I just -- you know, if we use a speed study, because you guys pretty much handcuffed how we can do the speed -- we still have to deal with your standards, but we could put officers on every corner at night and run our lights and I think that would slow people down along the corridor and we could get a better result for the speed study. So, it might take a little bit more resources, but we can be very ingenuitive in how we reduce people's speed on the corridor when we conduct a speed study. So food for thought. Harper: Mayor, a follow-up question? Simison: Yes, we will pay overtime for that. Harper: Okay. With -- with Eagle, the chief is -- is -- I believe listening in and wanted me to ask a question, but with Eagle Road being a state highway, is ISP prepared to handle enforcement of that roadway with it being a state highway? Simison: We would welcome ISP's comments on that, if they would like to. And I did mention it to the sheriff today as well. Just in case. If you can wait until you get to the microphone. Jussel: Tyler Jussel, Lieutenant, Idaho State Police. Mayor, Council Members. No, our staffing is limited. That would -- district three patrol patrols ten counties on this side Meridian City Council Work Session September 5,2023 Page 23 of 31 of the state. They have approximately 40 troopers that do that, including supervisors as well. So, adding Eagle Road would be a big burden. Simison: Thank you. The governor's office is also aware that that could be an ITD burden in the future if we maintain the speed limit. McElhinney: Mayor? Simison: Yes. McElhinney: Mayor and Council Members, don't -- don't give up on the three E's, as Council Member Overton reminded us. Education, engineering and enforcement. All those three come together and it's so important for -- for us working together with the Office of Highway Safety and providing that enforcement factor. So, I don't want you to forget about the importance of that. Simison: We -- we don't. But -- and -- and it goes back to maybe you need to look at how you can engineer the road down to over speed limit, which you know you can. You put up some vertical barriers along the roadway and all of a sudden you get people going slower in certain areas. You can influence the speed on this road if you want to influence the speed through engineering. You can influence it with more enforcement from ISP being there doing a lot more work. You know, state -- state law does give this authority to the sheriff through the state police. It's not a city responsibility to enforce on this road. So, ISP -- or if the state thinks that the three E's are that variable, you have the ability to control all three -- three E's. It is your roadway as we are made abundantly clear through the state law and -- and you have your hands strung and so do we, so I encourage you to take a hard look at all three E's from the state's level, because, yeah, you -- you can -- you can reduce the speed if you would like to put up more things. ACHD said the same things to us about other roads that they have built out that they now we are talking about going back and putting in some mechanisms to reduce the speed through engineering efforts. So, food for thought. Council, anything else? All right. Thank you. 22. Compensation Committee: General Employee Salary Administration Guidelines Simison: With that we will go on to Item 22, which is the Compensation Committee general employee salary administrative guidelines. Turn this over to Christena. Barney: Mayor and Council, thank you for having me this evening. I am up here on behalf of the compensation committee to talk with you about phase two of the general employee compensation plan. So, as you hopefully have seen there was an e-mail that went out to all employees outlining what we have been working on the last several years, phase one and, then, also phase two. Just as a reminder, I want to point out a couple of things. So, with this new compensation program that we have implemented for the general employees some of the goals that we were trying to meet were to Meridian City Council Work Session September 5,2023 Page 24 of 31 increase employee tenure, foster career growth and opportunities, attract top talent and maintain market competitiveness. So, in building these guidelines, building the step plan, which was part of phase two and you should have a copy of those guidelines and also frequently ask questions and we feel that that adequately meets those goals and will help us maintain a flexible plan going forward. So, I am here today to stand for any questions that you might have as we look to roll this out effective October 1st. Simison: Council, questions? And Christena kind of drew this -- she came in late into the committee's efforts, but she's been very integral into the development of these. Been connecting with Gallagher and working alongside Todd, who is, unfortunately, gone this week. I don't know if he planned that or not, but we do have a couple other members of the committee who are present, Lieutenant Colaianni and back there we have Bruce and Laurelei, as well as myself, so -- sorry. Council, questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I took a little -- what I was going to say. So, I appreciate that. And, Christena, I appreciate you jumping in and nice to see so many of the committee members. The only question is is has there been feedback from employees since that e-mail went out and what has been -- kind of the response been? Barney: I have received two e-mails, both positive. Thank you for the work. We know you are doing a lot in the background is what I have gotten so far. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: My only I guess question slash concern was the CPI year over year as a benchmark to determine the COLA amount that was referenced in the FAQs. That does feel like a departure, at least from the process that the Finance Department was using with like a 20 year average. So, I just wanted to clarify is it an average or is it a year over year calculation? Simison: I -- I can probably answer that one. We -- we -- typically we do a year over year. We have showcased the 20 year average just for information, but we do full year over year information. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. That's the only piece that to me I think we just keep in mind, just depending on the economic environment if those amounts fluctuate wildly. The city is Meridian City Council Work Session September 5,2023 Page 25 of 31 not structured in a way that its revenue side can adjust to wild swings in CPI. So, it just -- it creates an inherent conflict in future years. Just employees need to keep that in mind, because this is a program we are putting in place, but it gets appropriated year to year. Simison: And I think the best way to put it, that's the secondary piece of each of this and it -- it will depend upon the financial ability to meet that, depending on what it may or may not be. But a great point for the employees. Council, any other comments or questions? Okay. Well, we look forward to implementing this and we will be going out and sitting down with all the departments. I know as part of the plan this could go a little roadshow and go out and talk to the staff with some of our leadership in that regards and implement this here real soon. So, thank you, Christena, and thank you. I know this has been several years for some people to get to this point and I just want to say thank you in that regards. Appreciate you all. So, Scott, now I think you can officially retire. You said once this happened you -- you were -- you were happy to -- no? Barney: Thank you, Mayor, Council. Simison: Okay. Thank you. ACTION ITEMS 23. Public Hearing for Proposed Solid Waste Fee Increases Simison: Okay. With that we will move on to Item 23, which is a public hearing for proposed solid waste fee increase. We will open the public hearing with staff comment. No? Laurelei? Okay. McVey: Mayor and Council, we did not really have anything additional to present, but just refer back to the Republic Services' presentation. The majority of the increases, the normal allowable per contract increase, so nothing really out of the ordinary this year. The department has received no feedback since the presentation, so open to questions or -- Simison: Thank you. Council, any questions for staff? Thank you. This is a public hearing. Mr. Clerk, do we have anybody signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody present who would like to come forward and provide testimony at this time or if you are online if you would like to use the raise your hand feature. Seeing no one coming forward and no one raising their hand, Council, what's your desire? Cavener: Mr. Mayor? Meridian City Council Work Session September 5,2023 Page 26 of 31 Simison: Councilman Cavener. Cavener: I'm happy to make a motion that we close the public hearing on Item No. 23, proposed solid waste fee increase. Perreault: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALLAYES. ORDINANCES [Action Item] 24. Ordinance No. 23-2023: An Ordinance in accordance with Idaho Code Sections 50328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1, 2023. Simison: With that we will move on to ordinances for the evening. Okay. Then first item up is Item 24, which is the second reading of Ordinance No. 23-2023. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an Ordinance in accordance with Idaho Code Sections 50-328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of ten years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1, 2023. Meridian City Council Work Session September 5,2023 Page 27 of 31 Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its the entirety? Hearing none. 25. Ordinance No. 23-2034: An Ordinance of the City of Meridian, Idaho amending Ordinance No. 22-1993, the appropriation ordinance for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (FY2023), by decreasing total appropriations from $219,724,039 to $217,401,857, increasing total revenue from $136,628,580 to $151,310,494, and decreasing the use of fund balance from $83,095,459 to $66,091,363; and providing an effective date. Simison: We will move on to Item 25, which is Ordinance No. 23-2034. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an Ordinance of the City of Meridian, Idaho, amending Ordinance No. 22-1993, the appropriation ordinance for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (FY2023), by decreasing total appropriations from $219,724,039 to $217,401,857, increasing total revenue from $136,628,580 to $151,310,494, and decreasing the use of fund balance from $83,095,459 to $66,091,363; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2034, which is amending Ordinance No. 22-1993. Hoaglun: Second the motion. Simison: Have a motion and a second to approve Ordinance No. 23-2034. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. 26. Ordinance No. 23-2035: An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $233,617,299 to defray the necessary expenses and liabilities of the Meridian City Council Work Session September 5,2023 Page 28 of 31 City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2023 and ending on September 30, 2024. To levy all such appropriate taxes and levies as authorized by law upon taxable property; and to collect all authorized revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. Simison: Next up is Item 26, which is Ordinance No. 23-2035. Ask the Clerk to read this ordinance by title. Johnson; Thank you, Mr. Mayor. It's Ordinance in the City of Meridian providing for the adoption of a budget and the appropriation of $233,617,299 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2023 and ending on September 30, 2024. To levy all such appropriate taxes and levies as authorized by law upon taxable property; and to collect all authorized revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody who would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2035. Overton: Second. Simison: I have a motion and a second to approve Ordinance No. 23-2035. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. 27. Ordinance No. 23-2036: An Ordinance (Alden Ridge Subdivision — H- 2022-0059) annexing a parcel of land lying in the southwest quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada Meridian City Council Work Session September 5,2023 Page 29 of 31 County, Idaho, more particularly described in Exhibit "A"; rezoning 24.8 acres of such real property from RUT (Rural Urban Transition) to R-4 (20.35 acres) (Medium Low-Density Residential) zoning district and R-8 (4.45 acres) (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Next up is Item 27, which is Ordinance No. 23-2036. Ask the Clerk to read this Ordinance by title. Johnson: Thank you, Mr. Mayor. It's an Ordinance related to Alden Ridge Subdivision, H-2022-0059, annexing a parcel of land lying in the southwest quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning 24.8 acres of such real property from RUT to R-4 zoning districts and R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this Ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 23-2036. Overton: Second. Simison: I have a motion and a second to approve Ordinance No. 23-2036. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Meridian City Council Work Session September 5,2023 Page 30 of 31 MOTION CARRIED: ALLAYES. 28. Ordinance No. 23-2033: An Ordinance (Newkirk Neighborhood — H- 2022-0088) annexing the east half of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 22.667 acres of such real property from RUT (Rural Urban Transition) to TN-R (Traditional Neighborhood Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Next up is Item 28, which is Ordinance No. 23-2033. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mayor. It's an Ordinance related to Newkirk Neighborhood, H- 2022-0088, annexing the east half of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada county, Idaho, more particularly described in Exhibit "A"; rezoning 22.667 acres of such real property from RUT to TN-R zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this Ordinance read by title. Is there anybody who would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we ae Approve Ordinance No. 23-2033. Overton: Second. Simison: Have a motion and a second to approve Ordinance No. 23-2033. Is there any discussion? If not, Clerk will call the roll. Meridian City Council Work Session September 5,2023 Page 31 of 31 Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION 29. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Simison: Next up is Item 29. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206A(1)(a). 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, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:55 p.m. to 6:33 p.m.) (Motion to come out of Executive Session - Hoaglun. Second - Cavener.) (Motion to adjourn - Hoaglun.) MEETING ADJOURNED AT 6.33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 9-19-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 15, 2023, City Council Work Session 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: Approve Minutes of the August 15, 2023, City Council Regular Meeting Meridian City Council Work Session August 15,2023 Page 22 of 22 Cavener: Second. Simison: Have a motion and a second to go in to Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, absent; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will go into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (6:59 p.m. to 7:35 p.m.) (Hoaglun motion/Strader second to come out of Executive Session.) (Hoaglun motion to adjourn) MEETING ADJOURNED AT 7:35 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: Approve Minutes of the August 22, 2023, City Council Work Session Meridian City Council Work Session August 22,2023 Page 14 of 14 Simison: Councilman Hoaglun. Hoaglun: I would move that we go into Executive Session per Idaho Code 74- 206A(1)(a). Borton: Second. Simison: Have a motion and a second to go into Executive Session. Any -- any -- motion to go into Executive Session. Any questions or comments? Clerk call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:09 p.m. to 5:49 p.m.) Hoaglun: Do we have a motion to come out of our Executive Session? Cavener: Move we come out of Executive Session. Overton: Second. Hoaglun: Have a motion to come out of Executive Session. All those in favor signify by saying aye. Any no's? We are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Do I have a motion to adjourn? Cavener: I move we adjourn the meeting. Hoaglun: We have a motion to adjourn. All those in favor signify by saying aye. All eyes. Motion carries. We are adjourned. MEETING ADJOURNED AT 5.35 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: Approve Minutes of the August 22, 2023, City Council Regular Meeting Meridian City Council Work Session August 22,2023 Page 19 of 19 Cavener: Mr. -- Mr. President? Hoaglun: Councilman Cavener. Cavener: I would point out that we are done before 7:00 o'clock and the Mayor's not here. So we have I think a good scapegoat for why meetings go long. Mr. President, move with that we adjourn the meeting. Hoaglun: Motion to adjourn. All those in favor signify by saying aye. All ayes. Motion carries. We are adjourned. MEETING ADJOURNED AT 6:47 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: Artemisia Sanitary Sewer and Water Main Easement (ESMT-2023-0116) ADA COUNTY RECORDER Trent Tripple 2023-051335 BOISE IDAHO Pgs=14 VICTORIA BAILEY 09/06/2023 11:44 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision):, Artemisia Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2023-0116 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 5th day of September 20 23 between IDAHO AUTO MALL 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 1 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: IDAHO AUTO MALL LLC By: wel rneW'G3pU)D C. David E. Ble ett, Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on a�3 (date) by Davi d E. EBewett (name of individual), [complete the fo to ing if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Idaho Auto Mail LLC (name of entity on behalf of whom record was executed),in the following representative capacity: Manager (type of authority such as t karmf4us tee) (star ? '0t, %G otary Signature i tP •f,�� My Commission Expires: owa2 �11411 16,,,�`�� Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-5-2023 Attest by Chris Johnson, City Clerk 9-5-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-5-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 Legal Description City of Meridian Water Easement "A" Artemisia Subdivision An easement being over a portion of Lot 1, Block 1, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146, records of Ada County, Idaho, located in the SE '/4 of the SE % of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT A Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89°19'41" W a distance of 2661.68 feet; Thence along the southerly boundary of said SE % of the SE '/4 N 89019'41" W a distance of 923.89 feet to a point on the extension of the westerly boundary of said Artemisia Subdivision; Thence leaving said southerly boundary and along said westerly boundary and extension thereof N 0040" 9" E a distance of 490.00 feet to a point marking the southwesterly corner of said Lot 1; Thence along the southerly boundary of said Lot 1 S 89'19'41 ' E a distance of 7.84 feet to the POINT OF BEGINNING; Thence leaving said southerly boundary N 0040'19" E a distance of 26.40 feet to a point; Thence S 89'19'41" E a distance of 20.00 feet to a point; Thence S 0'40'19" W a distance of 26.40 feet to a point on said southerly boundary; Thence along said southerly boundary N 89°19'41" W a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 528 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC o�PL LA/VD June 14, 2023 T R & 0 o 4Z' 0 F�GTO N W N P� Lar�dSol ut1 ot75 Artemisia Subdivision Lane S,wcying and Consulting Additional City of Meridian Easement A Job No. 19-72 Page 1 of 1 Legal Description City of Meridian Water and Sewer Easement "B" Artemisia Subdivision An easement being over a portion of Lot 1, Block 1, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146, records of Ada County, Idaho, located in the SE '/4 of the SE '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89°19'41" W a distance of 2661.68 feet; Thence along the easterly boundary of said SE '/4 of the SE '/4 N 0°32'59" E a distance of 490.00 feet to a point; Thence leaving said boundary N 89"19'41"W a distance of 635.26 feet to a point on the southerly boundary of said Lot 1 and the POINT OF BEGINNING; Thence along said boundary N 89°19'41" W a distance of 20.00 feet to a point; Thence leaving said boundary N 0°40'19" E a distance of 42.21 feet to a point; Thence S 89'19'41" E a distance of 20.00 feet to a point, Thence S 0°40'19" W a distance of 42.21 feet to the POINT OF BEGINNING. Said easement contains 844 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS O�NL LANps Land Solutions, PC 5` sTF G June 15, 2023 Iz-� 0 0 " 11118 06I 51 -ZC' z 1�29TF 0 F �C� TON W HP Artemisia Subdivision Lc7?1C150�1!>t1017ng Lane Surveying and Consulting Additional City of Meridian Easement B ��--' Job No. 19-72 Page 1 of 1 Legal Description City of Meridian Water Easement "C". Artemisia Subdivision An easement being over a portion of Lot 1, Block 1, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146: records of Ada County, Idaho, located in the SE '/4 of the SE '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89'19'41" W a distance of 2661.68 feet; Thence along the easterly boundary of said SE '/4 of the SE IA N 0°32'59" E a distance of 338.50 feet to a point; Thence leaving said boundary and being partially along the southerly boundary of said Lot 1 N 89019'41" W a distance of 326.09 feet to the POINT OF BEGINNING; Thence along said southerly boundary N 89'19'41" W a distance of 20.00 feet to a point; Thence leaving said boundary N 0*40'19" E a distance of 11.77 feet to a point; Thence S 89'19'41" E a distance of 20.00 feet to a point, Thence S 0'40'19" W a distance of 11.77 feet to the POINT OF BEGINNING. Said easement contains 235 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC NPR LAND June 14, 2023 s S T � G 8 F a P��Itt�Z�� _ �51 ON W NP L.ar.cJ blutjons Artemisia Subdivision Lana Surveying and Consulting Additional City of Meridian Easement C Job No. 19-72 Page 1 of 1 Legal Description City of Meridian Water Easement "D" Artemisia Subdivision An easement being over a portion of Lot 2, Block 1, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146, records of Ada County, Idaho, located in the SE % of the SE Y4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89°19'41" W a distance of 2661.68 feet; Thence along the easterly boundary of said SE '/4 of the SE '/4 N 0°32'59" E a distance of 297.50 feet to a point; Thence leaving said boundary and being partially along the southerly boundary of an existing City of Meridian Sanitary Sewer and Water Easement recorded as Instrument No. 2022-026377, records of Ada County, Idaho, N 89'19'41" W a distance of 133.80 feet to the POINT OF BEGINNING; Thence leaving said boundary S 0'40'19" W a distance of 27.55 feet to a point; Thence N 89*19'41" W a distance of 20.00 feet to a point; Thence N 0040'19" E a distance of 27.55 feet to a point on said existing southerly easement boundary; Thence along said boundary S 89°19'41" E a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 551 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC \oNPk- LAAio s June 14, 2023 �5 SSA T E �P F 11118 (oto`►`t OF 211.0 NW NPR Lcf.nC]Solu dons Artemisia Subdivision Land Surveying and Consulting Additional City of Meridian Easement D Job No. 19-72 Page 1 of 1 Legal Description City of Meridian Water Easement "E" Artemisia Subdivision An easement being over a portion of Lot 3, Block 1, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146, records of Ada County, Idaho, located in the SE '/4 of the SE '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89°19'41" W a distance of 2661.68 feet; Thence along the easterly boundary of said SE 1/4 of the SE '/ N 0032'59" E a distance of 297.50 feet to a point; Thence leaving said boundary and being partially along the southerly boundary of an existing City of Meridian Sanitary Sewer and Water Easement recorded as Instrument No. 2022-026377, records of Ada County, Idaho, N 89°19'41" W a distance of 314.21 feet to the POINT OF BEGINNING; Thence leaving said boundary S 0'40'19" W a distance of 26.12 feet to a point; Thence N 89'19'41" W a distance of 20.00 feet to a point; Thence N 0°40'19" E a distance of 26.12 feet to a point on said existing southerly easement boundary; Thence along said boundary S 89°19'41" E a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 522 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC \oNPI LA Np s June 14, 2023 � ST ER � G 11118 `/I TF OF �O �5� ON W NP Lant1SoJutions Artemisia Subdivision �. Land Surveying and Consulting Additional City of Meridian Easement E Job No.19-72 Page 1 of 1 Legal Description City of Meridian Water Easement "F" Artemisia Subdivision An easement being over a portion of Lot 4, Block 1, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146, records of Ada County, Idaho, located in the SE % of the SE '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE %4 of said Section 14 bears N 89019'41" W a distance of 2661.68 feet: Thence along the easterly boundary of said SE '/4 of the SE '/a N 0°32'59" E a distance of 297.50 feet to a point; Thence leaving said boundary and being partially along the southerly boundary of an existing City of Meridian Sanitary Sewer and Water Easement recorded as Instrument No. 2022-026377, records of Ada County, Idaho, N 89°19'41" W a distance of 502.04 feet to the POINT OF BEGINNING; Thence leaving said boundary S 0'40'19" W a distance of 27.49 feet to a point; Thence N 89d19 41" W a distance of 20.00 feet to a point; Thence N 0d40'19" E a distance of 27.49 feet to a point on said existing southerly easement boundary; Thence along said boundary S 89°19'41" E a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 550 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC NPR LANo June 14, 2023 G s r FR sG� L 11118 O F \CP C:2 ON W NPR Lali"lotions Artemisia Subdivision Land Surveying and Consulting Additional City of Meridian Easement F Job No. 19-72 Page 1 of 1 Legal Description City of Meridian Water Easement "G" Artemisia Subdivision An easement being over a portion of Lot 3, Block 2, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146, records of Ada County, Idaho, located in the SE '/4 of the SE '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows.- Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89'19'41" W a distance of 2661.68 feet; Thence along the southerly boundary of said SE % of the SE % N 89°19'41" W a distance of 681.35 feet to a point; Thence leaving said southerly boundary N 0040'19" E a distance of 350.65 feet to a point on the easterly boundary of said Lot 3 being the POINT OF BEGINNING; Thence leaving said boundary N 89°19'41° W a distance of 21.00 feet to a point; Thence N 0°40'19" E a distance of 20.00 feet to a point; Thence S 89'19'41" E a distance of 21.00 feet to a point on said easterly boundary of Lot 3; Thence along said boundary S 0'40'19"W a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 420 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC ONp L LA N,June 14, 2023 5 S T R s(l 0 11118 0- o F ON W —� Artemisia Subdivision La ridSo titions Additional City of Meridian Easement G L Land Surveying and Consulting Job No. 19-72 Page 1 of 1 Legal Description City of Meridian Water Easement "H" Artemisia Subdivision An easement being over a portion of Lot 2, Block 2, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146, records of Ada County, Idaho, located in the SE '/4 of the SE '/ of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said Section 14. from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89'19'41" W a distance of 2661.68 feet: Thence along the southerly boundary of said SE '/4 of the SE X N 89°19'41" W a distance of 710.74 feet to a point; Thence leaving said southerly boundary N 0040'19" E a distance of 230.75 feet to a point on the easterly boundary of said Lot 2 being the POINT OF BEGINNING; Thence leaving said boundary N 89020'16" W a distance of 22.85 feet to a point; Thence N 0039'44" E a distance of 20.00 feet to a point; Thence S 89°20'16" E a distance of 28.13 feet to a point, Thence S 57°51'02" E a distance of 5.95 feet to a point on said easterly boundary of Lot 2; Thence along said boundary S 32°08'58" W a distance of 19.81 feet to the POINT OF BEGINNING. Said easement contains 567 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC oONk- LA/V June 14, 2023 �5` \S r E & � G O � 11118 l iL9TF 0 F \OP 5' �0 N W N P� Artemisia Subdivision "d oftitiorls Additional City of Meridian Easement H land Surveying and Consulting Job No. 19-72 Page 1 of 1 Legal Description City of Meridian Water Easement "I" Artemisia Subdivision An easement being over a portion of Lot 1, Block 2, Artemisia Subdivision as shown in Book 125 of Plats on Pages 20144 through 20146, records of Ada County, Idaho, located in the SE '/4 of the SE '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/ of said Section 14 bears N 89'19'41" W a distance of 2661.68 feet; Thence along the southerly boundary of said SE '/4 of the SE '/4 N 89°19'41" W a distance of 736.89 feet to a point; Thence leaving said southerly boundary N 0'40'19" E a distance of 111.95 feet to a point on the easterly boundary of said Lot 1 being the POINT OF BEGINNING; Thence leaving said boundary N 89'19'41" W a distance of 26.53 feet to a point; Thence N 0°40'19" E a distance of 2000. feet to a point; Thence S 89'19'41" E a distance of 26.53 feet to a point on said easterly boundary of Lot 1; Thence along said boundary S 004019" W a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 531 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC oNNL LA/Vo June 14, 2023 �Co SST c Gp 11118 0 (230 = ON W N P� �SJ '!!4J ciftitions Artemisia Subdivision Land Sumcying and Consulting Additional City of Meridian Easement I Job No. 19-72 Page 1 of 1 CITY OF MERIDIAN WATER AND SEWER EASEMENTS LOTS 1, 2, 3 AND 4, BLOCK 1 AND LOTS 1, 2 AND 3, BLOCK 2, ARTEMISIA SUBDIVISION LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 14, T.3N., RAW., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 1/4 ,� 13 INTERSTATE 84 I � I ! it I- ! SEE SHEET 2 OF 2 FOR LINE DATA , ! W IN Z LOT 1 BLOCK 1 N I w 844 SF CN L3 528 SF L8 POINT OF BEGINNING m�EASEMENT B N�� -'i 1� N8919'41"W 635.26' i z 5 ............................................................... J L6�LtL 1POINT OF BEGINNING FhISTING, CIT/O WERID14N LOT 1 EASEMENT A SAN;TARr SEWER aND o LOT 3 NA TER E�SEMEN!-lASrP,. NO. 2022-026J77 POINT OF BEGINNING o �!BLOCK 2 42o SF Nr7� I 235 SF V� EASEMENT C�� J L12N89'19'41"W 326.09' _,,!POINT OF BEGINNING L26 [10 I EASEMENT G _ _ L25 502.04' L21 314.21' _ L17 1133.80' o LOT 2 567 SFL31 L32! JLJJ —�LJ� N8919'41"W LJ� 1 o d z L30 �3 L23 z ' U 9 w L15 J z�� 00 •0 550 SF z z 5_2 SF z 551 SF z POINT OF BEGINNING z M EASEMENT H :w LOT 4 m N W W m v,! o� 531 SF :o:o, ,l W LOT 3 m¢ LOT 2 w! n L38 o U-w o LOT 1 �`� W:o z 1 0 N POINT OF BEGINNINGIL�361-:Q z o BLOCK z o i EASEMENT I _ a 14 1/4 1737.79 923.89' 736.89710.74' W. OVERLAND RD. 14 13 _ _ 681_ _ - _ 23 N89'19'41"W 2661.68' - - 23 24 BASIS OF BEARING NL LAND 0' 90' 180' 360' STE GAL low. OF �oP`�� Land Surveying and Consulting A,�o `, \ 231 E 5TH ST..STE.A+'Y W ``� MERUAN.ID 83642 (20E)288-2040 (2 08)288-2557 fax SHEET 1 OF 2 v~iencsoUiions.Ciz J08 NO,19-72 CITY OF MERIDIAN WATER AND SEWER EASEMENTS LOTS 1, 2, 3 AND 4, BLOCK 1 AND LOTS 1, 2 AND 3, BLOCK 2, ARTEMISIA SUBDIVISION LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 14, T.3N., R.1W., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO LINE TABLE LINE TABLE LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION Lt 7.84' S89'I9'411 L21 20.00' S89'19'41"E L2 26.40' NO'40'19"E L22 27.49' SO'40'19"W L3 20.00' S89'19'411 L23 20.00' N89'19'41"W L4 26.40' SO'40'19"W L24 27.49' NO'40'19"E L5 20.00' N89-19'41"W L25 20.00' S89'19'41"E L6 20.00' N89'19'41"W L26 21.00' N89'19'41"W L7 42.21' NO'40'19"E L27 20.00' NO'40'19"E L8 20.00' S89'19'41"E L28 21.00' S89'19'411 L9 42.21' SO'40'19"W L29 20.00' SO'40'19"W L10 20.00' N89'19'41"W L30 22.85' N89'20'16"W Ltl 11.77' NO'40'19"E L31 20.00' NO'39'44"E L12 20.00' S89'19'41"E L32 28.13' S89'20'16"E L13 11.77' SO'40'19"W L33 5.95' S57'51'02"E L14 27.55' SO'40'19"W L34 19.81' S32'08'58"W L15 20.00' N89'19'41"W L35 111.95' NO'40'19"E L16 27.55' NO'40'19"E L36 26.53' N89'19'41"W L17 20.00' S89-19'41"E L37 20.00' NO'40'19"E L18 26.12' SO'40'19'W L38 26.53' S89'19'41"E L19 20.00' N89'19'41"W L39 20.00' SO'40'19"W L20 26.12' NO'40'19"E \�api.LA Afo G o 11 0 15(130 OF 'Land TO P� �/ Land Surveying and Consulting N W' 231 E.STH ST.STE A MFRIl);AN,I) 8364? (208)288-2040 (208)288-2557'ar. SHEET 2 OF 2 www.tandsolutions.biz M NO 19-72 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Aviation Subdivision Pedestrian Pathway Easement (ESMT-2023-0100) ADA COUNTY RECORDER Trent Tripple 2023-051336 BOISE IDAHO Pgs=6 ANGIE STEELE 09/06/2023 11:44 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision} Aviation Subdivision ESMT-2023-0100 PEDEISITRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 5th day of September, 2023 between Aviator Park L , 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 ofthe 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 ofall persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF ) ss County of-Ma ) This record was acknowledged before me on/ l 20ffdate) by 19 (name of individual), [complete the followi esortatiiW capacity, strike the following if signing in an individual capacity] on behalf of�144kol �r�j 2,, (name of entity on behalf of whom record was executed), in the following representative capacity: t/Lgpjq�. (type of authority such as officer or trustee) (stamp) JEFF WORTHNG ro-N torYSignature M._.� Notary Public,State of Utah �i _ 70 Commission#725395 y Commission Expires: My Commission Fires dune 24,2026 Pedestrian Pathway Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-5-2023 Attest by Chris Johnson, City Clerk 9-5-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-5-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2028 Pedestrian Pathway Easement Page 3 Version 04/17/2023 EXHIBIT A LEGAL DESCRIPTION CITY OF MERIDIAN PEDESTRIAN PATHWAY EASEMENT AVIATION SUBDIVISION A portion of the West Y2 of the Southwest%of Section 10,Township 3 North, Range 1 West of the Boise-Meridian, City of Meridian, ADA County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16,Townships 3 North, Range 1 West, Boise-Meridian,from which the %corner common to said Sections 9 and 10 bears North 0°38'55" East, 2653.02 feet;thence on the west boundary line of said Section 10, North 0°38'55" East, 1621.66 feet to the south boundary line of the railroad right-of-way sidewalk easement;thence on said south boundary line, South 88°26'12" East, 495.23 feet to the westerly boundary of Aviation Subdivision, thence continuing South 88°26'12" East 824.15 feet along the south boundary line of the railroad right-of-way sidewalk easement to the easterly boundary of Aviation Subdivision,thence South 00°36'35" West 383.01 feet along the easterly boundary of Aviation Subdivision to a point on the North Boundary of the proposed ACHD right-of-way sidewalk easement, thence along said right-of-way sidewalk easement a distance of 34.97 feet North 89°15'50"West to the tangent point of a curve, thence along said right-of-way sidewalk easement a distance of 18.04 feet along the arc of a 530.00 foot radius non-tangent curve, said curve having a central angle of South 1°56'59" West and a long chord bearing South 89°45'40" West a distance of 18.04 feet to another point along north side of the proposed ACHD right-of-way sidewalk easement, thence continuing along said right-of-way sidewalk easement a distance of 25.01 feet along the arc of a 530.00 foot radius non-tangent curve, said curve having a central angle of South 2°42'15" West and a long chord bearing South 87°26'03"West a distance of 25.01 feet to the REAL POINT OF BEGINNING; Thence, leaving said right-of-way sidewalk easement boundary, North 00°41'02" East, 48.82 feet to a point of curvature on a curve; Thence a distance of 3.72 feet along the arc of a 6.31 foot radius non-tangent curve, said curve having a central angle of North 33°46'13" East and a long chord bearing North 17°34'09" East a distance of 3.67 feet to a point of reverse curvature; Thence a distance of 19.36 feet along the arc of a 50.20 foot radius non-tangent curve, said curve having a central angle of North 22°06'00" East and a long chord bearing North 23°24'16" East a distance of 19.24 feet to a point; Thence North 00°36'35" East, 229.03 feet to a point of curvature; Thence a distance of 45.79 feet along the arc of a 30.00 foot radius non-tangent curve, said curve having a central angle of North 87°27'18" West and a long chord bearing North 43°07'04"West a distance of 41.47 feet to a point; Thence North 86°50'43"West, 217.19 feet to a point; Thence North 88°35'09"West, 89.63 feet to a point of curvature; Thence a distance of 22.37 feet along the arc of a 30.00 foot radius non-tangent curve, said curve having a central angle of South 42°43'33" West and a long chord bearing South 70°03'04" West a distance of 21.86 feet to a point; Thence South 48°41'18" West, 21.00 feet to a point on the North Boundary of the proposed ACHD right- of-way sidewalk easement; thence along said right-of-way sidewalk easement a distance of 13.15 feet along the arc of a 68.00 foot radius non-tangent curve, said curve having a central angle of South 11°04'41" East and a long chord bearing South 57°20'05" East a distance of 13.13 feet to another point along the North side of the proposed ACHD right-of-way sidewalk easement Thence, leaving said right-of-way sidewalk easement boundary, North 48°41'18" East, 16.91 feet to a point of curvature on a curve; Thence a distance of 13.36 feet along the arc of a 17.91 foot radius non-tangent curve, said curve having a central angle of North 42°43'33" East and a long chord bearing North 70°03'04" East a distance of 13.05 feet to a point; Thence South 88°35'09" East, 89.44 feet to a point; Thence South 86°50'43" East, 217.01 feet to a point of curvature; Thence a distance of 27.34 feet along the arc of a 17.91 foot radius non-tangent curve, said curve having a central angle of South 87°27'18" East and a long chord bearing South 43°07'04" East a distance of 24.76 feet to a point; Thence South 00°36'35" West, 227.07 feet to a point of curvature; Thence a distance of 13.33 feet along the arc of a 35.22 foot radius non-tangent curve, said curve having a central angle of South 21°41'27" West and a long chord bearing South 24°17'34" West a distance of 13.25 feet to a point of reverse curvature; Thence a distance of 11.14 feet along the arc of a 18.17 foot radius non-tangent curve, said curve having a central angle of South 35°08'18" West and a long chord bearing South 17°34'09" West a distance of 10.97 feet to a point of reverse curvature; Thence South 00°36'36" West,49.78 feet to a point on the North Boundary of the proposed ACHD right- of-way sidewalk easement; Thence along said right-of-way sidewalk easement a distance of 12.08 feet along the arc of a 530.00 foot radius non-tangent curve, said curve having a central angle of North 1°18'20" East and a long chord bearing North 85°25'45" East a distance of 12.08 feet to the REAL POINT OF BEGINNING This easement contains 8,486 square feet(0.195 acres) more or less and is subject to any other easements existing or in use. U U) BASIS OF BEARING _ 0 °'• N00°38'55"E 2653.02' — • m U) 1621.66' 1031.35' cn o 0 C� HENSLEY STATION SUBDIVISION CO O V m (T � W N < N O m CD W C1i po IV N r i N N W v W W N (�Ii CO N -4 CJI OD Z I Ill V 000. W c (A c N 2 � 00 � J �I 0o p O O rn O O -4N O O O O QO O NBAREBACK AVE. n N \ �\ O L4 N M N j N O N w d r i 0 -P� ni o V' rrl I co I A C7 'TJ N w .i W c,, 4 rn 0) `� I I cn �° ° z 0 v 0 w cc! o0 c W w D I I I rn I o x r z l I I N tr I10 Z 0 0 w Z w w Z Z Z w w y 00 O N < � O Ln V � W O -4 O W �I J t0 m IV W O O Iv O O N C,i Iv D I N CJi V J W W - - 01 CTi � r*i r*i rri r+i rri m - - I lT1 / JI z v1 N HANGING LAKE �,_ ` JC/ 1-1 WAY N O W W W t0 Ci1 (p 0 2 - - - - - C7 C/� z O co N 14 O 00 N 0 O O O n y crj n 00 V U? O Cn C O -4 �_ Z7 O n b -- U) Z 0 0 z x 0 0 ° o /� z � H � C� z \ \ U) r m Iloo z \ \ O Jz O iO O O \ - O I - - - - -i Ul I ° cD \ \ O O W I td a _ _ W z_ N BILTMOREj m \ LN(PRIVATE) Z \ N 00 l J -� 11 p N O Z oo _ \ _ o a 9N \- �� _ _ 1A co 0o cn ' o N00036'35"E 229.03' �'� D 41 W Qn r 00 o C7 C7 m m- z N A — — O p m S00036'35"W 383.01' E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Brightstar Care Overland Water Main Easement No. 1 (ESMT-2023-0113) Project Name iubivisio®): rlghtStar Care Overland ADA COUNTY RECORDER Trent Tripple 2023-051337 BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/06/2023 11:44 AM Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. {Sae Instructions for additional information): ESMT-2023-0113 WATERA W THIS Easement Agreement, made this 5th day of Se teber20 23 between Brigntstar Overland Road,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 e Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction 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 HAVEAND 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, Grantees all 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 GRANTORcovenants 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 withthe Grantee that should any part of the right-of- way and easement hereby granted shall become part o , 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: Brightstar Overland Road , LLC 1>,-XA STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on bate) by_ U(h I 1 VOV r� (name of individual), [complete the following if si ping in a representative capac�{ty, or strike the following if signing in an individual capacity] on behalf of UYe ,(6 (name of entity n behalf of whom record was executed), in the fol owing representative capacity: (type of authority such as officer or trustee) (stamp) Notary Signature Z�My Co _ RACHAEL A.MARTIN COMMISSION 0 58252 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES OS/O1/2029 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-5-2023 Attest by Chris Johnson, City Clerk 9-5-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-5-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 ACCURATE SURVEYING & MAPPING srg V 11619, Job No. 23-123 EXHIBIT A Water Easement Description An easement being a portion of Lot 1,Block 1 of Dorado Subdivision as recorded in Book 95 of Plats at Page 11647,Records of Ada County, said parcel is located in the southeast quarter of the southeast quarter of Section 17, Township 3 North,Range 1 East of the Boise Meridian,City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the found brass cap monument at the corner common to Sections 16, 17,20 and 21, T3N,R1E, from which the found brass cap monument at the quarter corner common to Sections 17 and 20, T3N, RI E bears S 89'46' 18"W a distance of 2656.87 feet;thence S 89'46' 18"W along the section line for a distance of 827.48 feet;thence N 00'04' 03"W for a distance of 62.00 feet;thence N 00'04' 03"W along the parcel line common to Lots 1 and 2,Block 2,Dorado Subdivision,Book 95, Page 11647, Ada County Records, for a distance of 101.42 feet to the POINT OF BEGINNING; Thence S 89' 55' 57"W for a distance of 27.00 feet; Thence N 00'04' 03" W for a distance of 13.64 feet; Thence N 44' 55' 57"E for a distance of 38.18 feet to the parcel line common to said Lots 1 and 2; Thence S 00'04' 03"E for a distance of 40.64 feet to the POINT OF BEGINNING. Parcel contains 733 square feet and 0.017 acres,more or less. S 114 3 ��,�•�v•23 0 OF1a��� 1 1520 W. Washington St., Boise, ID 83702 ■ Phone:208-488-4227 ■ www.accuratesurveyors.com f Y EXHIBIT B EXHIBI T MAP WA TER EASEMENT A PORTION OF LOT 1, BLOCK 1, DORADO SUBDIVISION, BOOK 95 OF PLATS, PAGE 11647, ADA COUNTY RECORDS L nNG WI THIN THE SE 114 OF THE SE 114 OF SECTION 17, T.3N., R.1 E., B.M. CITY OF MERIDIAN COUNTY OF ADA STATE OF IDAHO OVERLAND WAY SUBDIVISION LINE TABLE �� SCALE: 1"=50' -I LINE BEARING DISTANCE L1 S 89'55'57" W 27.00' L� L2 N 00'04'03" W 13.64' L3 N 44'55'57 E 38.18 `S f� L4 [ S 00-04'03- E 1 40.64' a11463CD nk OF {� 2Y40 F_ OHM-AA0 RD. o N J.DPI 0 A DORADO SUBOIWSION O LOT 1, BLOCK 1 Z - i i E. OVEM 4ND RD. o N i O ?-"I SECTION 1G00e(R 2I CORNER 17 _ 1829.39' __827.48_' 6 20 S 89'46'18" W 2656.87 242 l BASIS OF BEARING 1 LEGEND FOUND 2 1/2- BRASS CAP MONUMENT, 1N ASPHALT CALCULATED POINT 1Y 1 Eodf ACCURATE [ O1 ORIGINAL PLATTED LOT NUMBER � 4pSURVEYING & MAPPING r — — s 1520 W.Washington St. SECAON LINE i Boise,Idaho 83702 PARCEL LINE (208)488-4227 [ EASEMENT LINE '��'R Y l CE www.accuratesurveyors.com -- -- DATE AUGUST,2023 JOB 23-123 I E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Graycliff No. 4 (FP-2023-0012) by KB Home Idaho, LLC., generally located south of W. Harris St. and west of S. Meridian Rd. STAFF REPORT W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 9/5/2023 ' DATE: TO: Mayor&City Council HARRIS ST FROM: Sonya Allen,Associate Planner C� PHASE #3 208-884-5533 PHASE #1 SUBJECT: FP-2023-0012 0 Graycliff Estates No. 4 PHASE #2 LOCATION: Generally located south of W. Harris St. SITE #4 and west of S. Meridian Rd., in the SE 1/4 of Section 25,T.3N.,R.1W. AMITY RD. I. PROJECT DESCRIPTION Final Plat consisting of 42 building lots and five(5)common lots on 6.87 acres of land in the R-8 zoning district for the fourth phase of Graycliff Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Sabrina Durtschi,KB Home— 1414 Bannock, Boise, 1D 83702 B. Owner: Thomas Coleman,KB Home— 1414 Bannock,Boise,ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0129)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots and the amount of common open space has increased,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) GRAYCLIFF ESTATES SUBDIVISION PRELIMINARY PLAT-MERIZIAN,INAHO-2020 -- 1 2i „CINgip j! I «'"�* \ -` •-• ` _e_ -ELF I PV.T N TES Eu I PWi VATA t PAL LTU-E III It ® f; � LLn[MWN 3 F^ 4 • a E .'i i I�L �i TEE1 El �� �+:_._._�._.� ��} ._'s�.__�a -.—sip V•i-�___�a. _ € -,�.n�. .�..,.�.. . � i7 I =n B. Final Plat(dated: 7/19/23) GRAYCLIFF ESTATES SUBDIVISION NO.4 BOOK ,PAGE LOCATED IN THE SE 114 OF SECTION 25,T.3N.,RAW.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO 2023 r..INn WE ��,av Inux r.lwws sr_ �`•�.�' n-0r:ca ¢33,i'e!'E � PoIIL Of EEON414G P. x Lim S m smgl Y' Ipf lF1L9A011T CR:r O ����, , g i�v�u lsS'i.cyp SB9LY'162 z NWMY6Y�k'-��• 7} j soneast swW' _ L •V I y u�A I589111'WE 'R �`NStl"N ItAC emollaYl Qf OlflAwm N, .a NOTES Eg •xem, ®« .• rn� e¢ ....Neu¢_ ® y _ g'.�x.: �- ' :®wlp®-`® :® a 'Q)'� ®�:® o. i .a •a°oq i :wd.; . t F w..ln ¢E9'ST%'N,mar J'd .•.. .. .. .. .. - � IM»diYi9� v ,loe"sr.R..e.o...wr.etw.ne"eweor x" w{y�N O N- oV41R¢ u!+ T. 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SURVEY NARRATIVE my,. m-,Jlyy _______ � Land Surveying and Consulting 'ue�our ou SHEET 1OF3 Page 3 C. Landscape Plan(dated: 06/29/2023) T �.�,...�,....,,.eQQ y-, � I o n _ €b I S — I __— _ —Lion - II O C I I I �.. �...... „Q�... CD C C O I t I w a c 0 c n p .� i-•. I � e9 ? a W.naRwgi 6i, h R a D O` I� D O is O I ein rxr —..—".—. uri�r�Pe a 0 r T . I I I ' I I' I I 1 I I I • � w.lwpxwlSa.� a � -- I I I I I I I eWixr I ,-, uHascnaE 1 Y —L102 g .��.auiuneuuna mmt�wxr•c� 2-s�rsie anrrnnc .3,.owners��wn _4_aga+rncvKmrxuce ���. W 5 aseiaawnre•n•r�race V w KKG 4 f']a vL150 Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2015-112095, 1st Addendum Inst. #2019-086664, and 2nd Addendum Inst. #2020-066784)and preliminary plat(H-2019-0129)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(i.e.by November 3, 2024); or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 7/19/2022, included in Section V.B shall be revised as follows: a. Note#9: Include lot numbers subject to the ACHD stormwater drainage system. b. Note#11: Include the recorded instrument number for the ACHD temporary license agreement. c. Note#13: Also include the recorded instrument numbers of the previous development agreements (i.e. 2015-112095 and 2019-086664). d. Legend: Include the recorded instrument number of the ACHD permanent easement line. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Kimley Horn, dated 06/29/2023,included in Section V.C, shall is approved as submitted. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 7. Future homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-066784). 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 208-887-1620 or Susan.L.Prescottgusps.goov for more information. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works https:llweblink.meridianciU.orglWebLinkIBrowse.aspx?id=304325&dbid=0&repo=Meridian Cit X C. Idaho Transportation Department(ITD) https:llweblink.meridianciU.ory WWebLinkIDocView.aspx?id=304416&dbid=O&rgpo=MeridianC D. Department of Environmental Quality(DEQ) https:llweblink.meridianciU.oLglWebLinkIDocView.aspx?id=304632&dbid=0&repo=MeridianC ky Page 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Kingstown Subdivision No. 1 (FP-2023-0007) by Kimley-Horn &Associates, located at 2610 E. Jasmine Ln. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 8/22/2023 ORDER APPROVAL DATE: 9/5/2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 17 BUILDING ) CASE NO. FP-2023-0007 LOTS AND 4 COMMON LOTS ON ) 4.17 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT KINGSTOWN SUBDIVISION NO. 1. ) BY: KIMLEY-HORN & ) ASSOCIATES ) APPLICANT ) This matter coming before the City Council on 8/22/2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING KINGSTOWN SUBDIVISION, LOCATED IN A PORTION OF LOT 4, BLOCK I OF JASMINE ACRES SUBDIVISION, SITUATED IN THE NORTHWEST '/4 OF THE SOUTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSTOWN SUBDIVISION NO. 1 FP-2023-0007 Page 1 of 3 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: 7/20/2023, by CODY M. MCCAMMON, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated 8/22/2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSTOWN SUBDIVISION NO. 1 FP-2023-0007 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 5th day of September 2023. By: Robert E. Simison 9-5-2023 Mayor, City of Meridian Attest: Chris Johnson 9-5-2023 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-5-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSTOWN SUBDIVISION NO. 1 FP-2023-0007 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 8/22/2023 Legend DATE: 0 IdProject Lcou-Run TO: Mayor&City Council _ nW, FROM: Sonya Allen,Associate Planner �Ri 208-884-5533 uT SUBJECT: Kingstown Subdivision No. 1 -FP R- R- FP-2023-0007 R LOCATION: 2610 E. Jasmine Ln., in the south 1/2 of RL1 f Section 32, TAN., R.lE. —C-M FL— R-40 -2 IM R- R- - C- n 1. PROJECT DESCRIPTION Final plat consisting of 17 buildable lots and 4 common lots on 4.17 acres of land in the R-8 zoning district for Kingstown Subdivision No. 1. II. APPLICANT INFORMATION A. Applicant: Ian Connair,Kimley-Horn&Associates—7740 N. 16th, Ste. 300,Phoenix,AZ 85020 B. Owner Kyle Enzler,Highlakes,LLC— 1678 Diamond River Dr., St. George,UT 84790 C. Applicant Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0045)as required by UDC 11-6B-3C.2. The submitted final plat is for the same number of building lots approved with the preliminary plat;therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: June 2022) 1BGIe[M10PNi - PfSLAIINAfIY PLAT IK s �� J S- KINGSTOWN SUBDIVISION PRELIMINARY PLAT PUT onTti A PORTION OF THE SE 4OF SECTION 32,TOWNSHIP d NORTH.RANGE 7 EAST ..: .x"5�� 'n ■�r > a MERIDIAN,ADA COUNTY,IDAHO ""a'�°�'""°. _• r 04NF3L9CVC CPET cni vuN�cw L�o a m r o,.��..°�•"''�.��"1 �� � Lem-R.ve+•+Qe a¢�k... plow rwui.:wl��a•ou.c �'. "Ciev—S II"00"u ia.�.r'.i°"^' scan 75 � r un �w�e not r a � � ., Page 2 B. Final Plat(date: 7/20/2023) Plat Showing N Kingstown Subdivision A portion of Lot 4, Black 1 of Jasmine Acres Subdivision, Situated in the Northwest 1/4 of the Southeast 1/4 and the Northeast 1/4 of the Southwest 1/4 of Section 32. Township 4 North, Range 1 East, Boise Meridian. City of Meridian, Ado County, Idaho. 2023 wxuepe A a—HNpkfs m ttlOrinpN Aa Per[ ski ifn]] r;...................... yF B..nYq ;a!4 � LeScde. 1 =50 so.s' sus - aue•��--" rcr�s xws x3m •---`-'-'•" ------ Nero t'e osatssLama---------I-� .--42b....�aV -zo'—____ �_- I �adeek f I iif_ _ i i.x r€ • ,.e mr 1n.,mM n=cec-ia r•s nm' fa � v �I a 8 7 8 e �� � g g � �i r, • :,'max:cgimc ns,mo� Y Y `��—_IG EF^p•Wr Rar- ' �_______. '. _' � ¢ x y.e N/Y.urenPo , �.��_ fl9d J iaeil_= ' x0.tf --sscN " f Y�� � ® Clwwutl Pone•Why•entl a F. qa I er.w7 a x FeF b.nw a!vlOY]•1Y aAa' E E'Ad.NIN Bti �5 z ml�xe.xr.me,.u•. x29'x5'x9 M tr'� � Ztet]Y talc � d, I ka.SY Rs rzex LL �•, s `._— f-- ( __'P-',, noo' �i l Iym� 12 ?. / ❑ .. �g z T � _ MDu�t aee.,•n..ew.enr:Te•:,+ 0.. m o e. 4 0 ' � ��' px.•� , &' y4r''fib: (- !9 p �''• it a.ov vrizeaaaa Fn..nwi ww sI '�' ,� -_ -, 'F � 'bar �Fy �• �S az.so unr roN. h '�. I8c: 4 is x.r.v®� n.a sehx•H.�ie.ni..�r<..ae••wn,erxoy.alw.an x.a.rnnra.sam.... �_ a '&� t � [+ee+•.eL ae,.m d.Mnb ae..w,x.a m.,rxe,.«slr..a»•:.xs n ld N0n091'N 1I-U' y � ��& 3 a Owns ilrefrlm ea 1. u rmdelN a..r � � gpmd.xr,oyy� as s,tvriTx A2X1W1NmP.yerr N M�rrP.n'b In nkMtlC n�PW+<t me.n n.nor e.ew rpu.w a xe'i1A^x tNrt7 @ e.m.ey .1rF.oPrty 6 r m�nW 6y�ydN Mb�eMSMIn M e] emane.t t.d' r osai,.nrnn.xar 9eeu•ntm w h xo a d Roe.W a S9fy LRn�eRF 1]S moo[P.x..,•etfW,eel a,mrxn' vrP esrhA„xw 1 w Na n Ov.k M w Pww lI!'+S u�y�, 311a, F xTTtlYN9'w - __ �wy n mm rm•ra�ne P+ mn�m�IM,p evm�Y Mnw�M eye....t me xr• adiny own•ra err.rmh �aENa r.e( .n,h ee.m,F ih.:.N°.d•mwre er Pmedwrt•rr,r�a•� of eueny>mra wr e.m o mxrnum T,t xar N extra tr.0 M Mb Pvlwt b e•r,U p xPu ali1Y eee Wn UxINt sear �tl Newp ore erY mew u�Ny,.�t•.,wee i•o,we aew�s swam. mwue e��:uw I e�w t�4 cant d 9w�M si re au i/a ��ee.xwen w a;i.w.,xiy.N.x..m Cwy Itlarx ,].9P ]e-eP N'n01f ffiai'yot wwY 1 s,�tlWx�.tpgesrepi ui r[y�mr�iem e�i uw uw ei�u'��re md�w. Lt e6CP i']I'06 N3TN't➢le IAW p ,06'.Y]lOAN' !]".4?!0' S�t]e'1'e`•' t0J_7S !�N M Ika tmRa m e Ps'•e,�y ._,rr w mr tM(t o1 [Xtl'm Mw.�etl.�'A+.dWd'a.l q•1FxeP E�w,b"�tied��ir new.•a,..� of e"' _- . d n.eo' �xT ievrie' s,tw'Iri ham'•' i31 yy.a.P=r••C9 me to eemwP.r..�L.dm eterw eIf p nar zu.w' it»xs' srmsr et.u' 0 krntrtl.w.m...e. 77779 bemw d mr ktly�and avkay.xb.r a dAd,n cm.Jew o lot k xv T o, ,at.• miw aai5r xie�,. iPY. "" ro,a.,.I,,.....,r,§r rr,m•Paruw I..wrnw s>« � maY n xirr saeav ua.ae- rnne•u>: colt' ,. xtm�ir.erv.«mr. `Oo,r�•`Oran lIIT aon yz�r� yssfexw ax eear, , k beCP� m ymn xioa yeearar xaeww}r ao..r eee,c.a Gt0 tlA6' J0.xC 1rIN'W' x]T3'�i[ euY a arw.,.mnwne'eemy .eu�w�ry p's.nNee�n��ob+1..0.1•r•o Book P age: IDAHO CIy IOAt' M0a 9ry,'IB' xytnSYBE • KnD Sldd fAsy.Fm•...�e ar,_,O y�r,,Es...�.e�s.•V.wn....�t us syesw.e?trxunm .wo no.21-125 SURVEY apO1y`�; ro�'01 Shed i of 3 GROUP,LLC nvx�o•..Osux+,t:..cu, Page 3 C. Landscape Plan(date: 12/23/22) / E,USHtiG ZEHULON o�.r HEIGHTSSUHUNISION r 1 (NOTAPARIJ I I I., I• -- I_. I I 'ter '..�,` *� � �A ,�._.� - m 1 - s— [E, �0 a c EEAGLEVIEW GT. .� `Z', 4�, I i-3 0[L COMMON OPEN SPA EPNDSREANENIY NEOIIIf EIRS , I - I FU7HRE KINGST uwev Y—��� uinv. s 4a4 a SOMMY SIOR PH. fl U P iaawesnExrw anxnevweFl y `..2 I (NOTA PART to� � E �a �� ;fffl I FEYMTSCXELNEE s�_ g L——/- —— — —s— — T tF w,a® LNIOSOAPE NOTES vxxre rnx,ecmroFevaow E ,rnu,e�,mommwmwxoxaa ewce v ffwne,m aemwunuen,ceaoaavayio ,•�. ® N vcua�s�um v,ux,r.�„�a wonacr�r.w xxauxrmuiaw �.�K.va,�...,. � C )N eaai.wr®xm,xs ff rnewet-iwc«u+�norxxxo �p xw,arwam,emwa,nr v,nm md,r�a or„emff.,u uov 14 1. Page 4 DOIWOOT EPEGIFIGTION,INSTAUATIDN AND DPEXATIDN SHEET SPECIFKATWINSTNIATIONPN00PEPAlNiy]N SXEEf xnn-•rw.n �simtl ��wrns�/•x g • ��i'u Mar MrM wwzw--. Af f,F i Uk In 03 limill o _ ��®�� ��.,.�,.,� &3 •ems � � $ � i I I - am�m.cia•aa3ei.uiemms N '.S,E3UL C N �L f zu.xia Wex�N 16� Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development:H-2022-0045(AZ,PP),Development Agreement Inst. #2023-020866. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the date of approval of the preliminary plat(i.e. by December 6,2024),in accord with UDC 11-6B-7,in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Idaho Survey Group, stamped on 07/20/23 by Cody M. McCammon, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Include the phase number(i.e. #1)in the subdivision name. b. Note#7: Include recorded instrument number of ACHD permanent easement. c. Note#8: Include recorded instrument number of ACHD sign triangle easement and ACHD permanent easement. 5. Prior to City Engineer signature on this final plat,revise the landscape plan shown in Section V.C,prepared by Kimley Horn, dated 12/23/22, as follows: a. Depict a detached sidewalk with an 8-foot wide parkway and landscaping per the standards listed in UDC 11-3B-7C on Lot 1,Block 1 in order for the lot to count toward the minimum qualified open space requirement. 6. There shall be no windows on the second story of homes that face north toward Zebulon Heights subdivision along the northern boundary of the subdivision west of N. Rogue River Ave. in Block 1 as set forth in the Development Agreement. 7. The developer shall encourage backyard landscaping to assist in buffering the larger lots and homes to the north as set forth in the Development Agreement. 8. Provide one(1)minimum 2-inch caliper tree in the front and back yards of all building lots as part of the mitigation requirement for removal of existing trees. These trees can be installed at the time of lot development. 9. Prior to the City Engineer's signature on the final plat,a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway as required by the Park's Department. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=303305&dbid=0&repo=MeridianC Lty Page 6 C. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=303368&dbid=0&repo=MeridianC hty D. SETTLER'S IRRIGATION DISTRICT(SID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=303599&dbid=0&repo=MeridianC hty E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=303332&dbid=0&repo=MeridianC hty F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=303865&dbid=0&repo=MeridianC hty Page 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Sessions Parkway Subdivision (FP-2023-0002), by KM Engineering, LLP., located at 2700 N. Eagle Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 8/22/2023 ORDER APPROVAL DATE: 9/5/2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF FIVE (5) ) CASE NO. FP-2023-0002 BUILDING LOTS ON 5.32 ACRES ) OF LAND IN THE C-G ZONING ) ORDER OF CONDITIONAL DISTRICT FOR SESSIONS ) APPROVAL OF FINAL PLAT PARKWAY SUBDIVISION. ) BY: KM ENGINEERING,LLP ) APPLICANT ) This matter coming before the City Council on 8/22/2023 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING SESSIONS PARKWAY SUBDIVISION, LOCATED IN A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2023, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SESSIONS PARKWAY FP-2023-0002 Page 1 of 3 HANDWRITTEN DATE: 7/18/2023,by BILL HYNSON, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated 8/22/2023, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SESSIONS PARKWAY FP-2023-0002 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 5th day of September , 2023. By: Robert E. Simison 9-5-2023 Mayor, City of Meridian Attest: Chris Johnson 9-5-2023 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-5-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SESSIONS PARKWAY FP-2023-0002 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 8/22/2023 Legend C-1rt]l—R r DATE: TO: Mayor&City Council ;_ N C- �f FROM: Sonya Allen,Associate Planner R1 R-2 i R-.1!! R- 208-884-5533 R _ R- RI f R- _ R= 4 SUBJECT: Sessions Parkway-FP RUT R- RUT FP-2023-0002 R7 1~ R-2 j R1 LOCATION: 2700 N. Eagle Rd.,in the NW 1/4 of '2 RI R-4 'C R- Section 4,T.3N.,R.IE. (Parcel R7 U R R-40 #S1104233650) R: C-G 1 �R- ; I. PROJECT DESCRIPTION Final plat consisting of five(5)building lots on 5.32 acres of land in the C-G zoning district for Sessions Parkway Subdivision. IL APPLICANT INFORMATION A. Applicant: Christen Haisty,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713 B. Owner GFI—Meridian Investments,LLC—74 E. 500 S., Ste.200,Bountiful,UT 84010 C. Applicant Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-004 as required by UDC 11-613-3C.2. The submitted final plat is for the same number of building lots approved with the preliminary plat;therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. Pagel IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: June 2022) PRELIMINARY PLAT SHOWING PRE MINAR PATDATA SESSIONS PARKWAY SUBDIVISION SITUATED IN THE SOUTHWEST I/4 OF THE NORTHWEST I/4 OF SECTION 4,TOWNSH I P 3 N NORTH,RANGE 1 EAST,B.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO. 2022 woo LOT 1RLGa1 Lorz B—K1 RooKI PAGE 13.13as6 I SOUTHEAST MARKETPLACE SUR I BONL—TMARKETPIACE SUB. uunx u�" �__�__�____ �mmw.usniao.eurow m"fOium ur 01 m. BOOK 101 PAGE 13253-13265 BOOK 101 PAGE 13263-]3L55 -- ' --- 21 - GFI-MERI—INVESTMENTS LLC ASP:S-233712 Iwone Y� I� 2661N RETARDS AVE LOT243=—N p BOOK92 PAGE 10958-1BBW I -a5 — SESSIONS PARKWAY SUB LGT2a3 BLacK 1 MERMAN,IDAHO LOT1BLOCK1 3PAGE1— BAcxsuB. saoKss ea66u BOOK113PAGE1-846611 km a PP1.0 Page 2 B. Final Plat(date: 7/18/2023) PLAT OF Sessions Parkway Subdivision I„ rA q, �M spa o . Mw....a...xmam.m S Y T � p �. km VaN"h �s,zx®� xsn,xeaz lMY wP° O1x"n"' '�""�' GFI-MendanElnv ime�,LL PLAT OF Sessions Parkway Subdivision--���., "s ---- ------ ---------------------------# li �a.mE xsx �� I rl ' rl r I r rl p r � I m III I � II81� .er.xs v,iisar �� '�lo' vsEuwr,xe_vJiE e T� ,o.oe,essex,m"mcx ——— -- __Ae 31 s unarm= II I n V� km �I r r ^ e i'i I i u I II I I oav[Loree m .ul I I GFl-Mendlan lnvesM1nen6,LLC �� _------------------------------------ muW"I.ur SEE SHEET 3 Page 3 PLAT OF Sessions Parkway Subdivision SEE SHE 2 Ir-xm.mv is.m I E�110, t I xem�vnv ii.m }I ' I w I I ^I S I m I I n � gg$ j N+10 A �/ie/xn 1 wv iee km GFI-Mend aEn lnms[merr6,LLC �� PLAT OF Sessions Parkway Subdivision bi.J), MW eaaveeim� f� \ ® wr�x•aw � I c m m m�netswrs.m�m[uoavrvm a,H[mwe er m[m.A wanm W,�.,w s,A,E sF w2��` u uwvrnurc sieorsnx xi lmov poi or anA wus yaw-�nnl 9rt.ME s xairnv W suc e Nayric v u.xemu�s�ucou w.�, xr mwmw Ewra e.eeeemw.aswma��u rm w.raoeMeywrN sage. �[n ewuaa w]rrlq IXM46 53N rmEA,wK Pv I65. �xs rvU a m w r[wmu srtnc[neu wE cm er xniwx we ue 9LL Hwva�,.LA w1w a .2 6 km PM,wss•a�mxnriov m-h, ru or ssc ws. �[»•p� r/ie/mv GFI-Mend an�lnves4nentr,LLC �� Page 4 C. Landscape Plan(date: 7/18/23) DIP,� wr A €�° IMI � malm �' nEo�,E a� z O LAN ISCAPE PLAN �_h--_ km WNDSCAPE BUFFER CALCULATIONS(I TREE/35 LF,I SHRUB/7 LF)) [onia[r inronmwTon ���m�"" m" MITIGATION REQUIREMENTS .111 1 oFiioVOVS rtE vux xG wxoS wKixG o[iaiL / SHOVELCUTEOGE TURF CALCUULTION(B5%EXCLUDING PARKWAY) "gym e� �wM R" m L1.0 Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development:H-2022-0046(MDA,PP),Development Agreement Inst. #2023-033831 and H- 2023-0030(yet to be recorded). 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the date of approval of the preliminary plat(i.e. by January 17,2025),in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by KM Engineering, stamped on 07/18/23 by Bill Hynson, shall be revised prior to signature on the final plat by the City Engineer, as follows: a. Include the recorded instrument of the 30-foot wide City of Meridian sewer and water main easement graphically depicted on the plat. b. Modify note#8 as follows: ". . . City of Meridian and Ada Genf*..14ig1+ ay Pis �* Idaho Transportation Department." c. Delete note#10 as it's a duplicate of note#9. e. Include the recorded instrument number of the 14-foot wide public pedestrian easement for the multi-use pathway along N. Eagle Rd. graphically depicted and noted on Sheet 1. 5. Prior to City Engineer signature on this final plat,revise the landscape plan shown in Section V.C,prepared by Alyssa Yensen, dated 7/18/23, as follows: a. Depict pedestrian lighting and landscaping along the multi-use pathway consistent with the Eagle Road Corridor study in accord with the specifications noted in UDC 11-3H- 4C.3. b. Depict additional landscape design features within the street buffer along N. Eagle Rd./SH-55 in accord with the updated standards listed in UDC 11-3B-7C.3f for entryway corridors.Features may include berms of no less than four to one (4:1)slope to at a three- foot minimum height, decorative landscape walls (no greater than three (3)feet in height), decorative open vision fencing(no greater than four(4)feet in height), or design elements with a similar level of effort(Example: a dry creek design with river rock, boulders, etc.). 6. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject property and the abutting property to the south(Parcel# S 1104233802)in accord with UDC 11-3A-3A.2. A recorded copy of the agreement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7. A reciprocal cross-access/ingress-egress easement shall be recorded between the subject property and the abutting property to the east(Parcel#S1104233730)in accord with UDC 11-3A-3A.2. A recorded copy of the agreement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. Page 6 8. Submit details for the pedestrian lighting required along the multi-use pathway adjacent to N. Eagle Rd./SH-55 that demonstrate compliance with the specifications set forth in UDC 11- 3H-4C.3. Include a detail of the light pole(s). 9. Future development shall be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district and the provisions in the amended Development Agreement(H-2023-0030),which include a reduced buffer width to residential uses. 10. The subject property shall be subdivided prior to submiffa4 issuance of the fist second ro..ifiea4e fZoning C m..lianee building permit mien for the site; subsequent buildings permit applications shall not be submitted until after the property is subdivided. Certificate of Zoning Compliance and Design Review applications may be submitted and approved prior to recordation of the plat per requirement of the Development Agreement as amended with H-2023-0030. 11. Prior to issuance of the first Certificate of Occupancy within the development, all of the required street buffer landscaping along N. Eagle Rd./SH-55, including the 10-foot wide multi-use pathway and pedestrian lighting; and the backage road along N. Eagle Rd./SH-55, from the north to the south boundary with connections to N. Eagle Rd./SH-55 and the development to the east, shall be completed per requirement of the Development Agreement as amended with H-2023-0030. 12. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https:llweblink.meridiancily.or lWebLink/Browse.aspx?id=303222&dbid=0&redo=MeridianCit X C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=303330&dbid=0&r0o=MeridianC ky D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciV.org/WebLink/Doc View.aspx?id=303867&dbid=0&r0o=MeridianC ky Page 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Sessions Parkway Subdivision (H- 2023-0030) by KM Engineering, LLP., located at 2700 N. Eagle Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Amendment to the Existing Development Agreement(H-2022- 0046,Inst.#2022-033831)to Allow One(1)Building Permit to be Obtained Prior to Recordation of the Plat and Allowance for Submittal of a Certificate of Zoning Compliance and Design Review Application for Subsequent Proposed Uses Prior to Recordation of the Plat; and a Reduction of the Buffer Requirement in the C-G District to Residential Uses to the East,by KM Engineering,LLP. Case No(s).H-2023-0030 For the City Council Hearing Date of: August 22,2023 (Findings on September 5,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 22, 2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 22, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 22,2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY MDA H-2023-0030 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 22,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the existing development agreement; and reduced buffer width is hereby approved per the provisions in the Staff Report for the hearing date of August 22,2023,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 22, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY MDA H-2023-0030 -2- By action of the City Council at its regular meeting held on the 5th day of September 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 9-5-2023 Attest: Chris Johnson 9-5-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 9-5-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SESSIONS PARKWAY MDA H-2023-0030 -3- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 8/22/2023 Le 9 en d ` DATE: ff 0 IetF,o'eat Lccarior TO: Mayor&City Council FROAM: Sonya Allen,Associate Planner R1 R-2 R- . 208-884-5533 R R- R1 L E R- _ R= SUBJECT: Sessions Parkway-MDA RUT R, RUT H-2023-0030 R1 try R- R LOCATION: 2700 N. Eagle Rd.,in the NW 1/4 of t2 R1 R-4 - R. Section 4. T.3N.,R.IE. (Parcel R1 R #S1104233650) R- U C-G 1 �R- , I. PROJECT DESCRIPTION Amendment to the existing Development Agreement(H-2022-0046,Inst. #2022-033831)to allow one(1)building permit to be obtained prior to recordation of the plat and allowance for submittal of a Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior to recordation of the plat; and request for Council approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet. II. SUMMARY OF REPORT A. Applicant: Stephanie Hopkins,KM Engineering, LLP—5725 N. Discovery Way,Boise,ID 83713 B. Owner: GFI Meridian Investments,LLC—74 East 500 South, Ste. 200, Bountiful, UT 84010 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Notification published in newspaper 8/6/2023 Notification mailed to property owners within 300 feet 8/4/2023 Page 1 EXHIBIT A Applicant posted public hearing notice on site 8/7/2023 Nextdoor posting 8/7/2023 IV. STAFF ANALYSIS The Applicant requests a modification to the existing DA(Inst. #2022-033831)to allow one(1) building permit to be obtained prior to recordation of the plat and allowance for submittal of Certificate of Zoning Compliance and Design Review applications for subsequent uses prior to recordation of the plat. A property boundary adjustment(A-2020-0115—ROS #12423)was approved in 2020 that created the subject parcel(i.e. Parcel B)and the parcel to the east(i.e. Parcel A),which is currently under development by the same developer with multi-family apartments.A final plat(FP-2023-0002) is currently in process that includes the subject property. While it's preferred that a subdivision plat is recorded prior to submittal of Certificate of Zoning Compliance and Design Review applications and subsequent building permit applications to ensure compliance with dimensional standards and construction of improvements for the overall site,it's not a UDC requirement. Therefore, Staff is amenable to the request provided all of the required street buffer landscaping along N.Eagle Rd./SH-55,including the 10-foot wide multi-use pathway and pedestrian lighting; and the backage road along N.Eagle Rd./SH-55 from the north to the south boundary,with connections to N.Eagle Rd./SH-55 and the development to the east, are completed prior to issuance of the first Certificate of Occupancy within the development. Staff has included these requirements as a provision of the amended DA in Section VI.B (new provision#5.1h). The Applicant also requests City Council approval of a reduction of the buffer requirement in the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet as allowed by UDC 11-3B- 9C.2 with notice to surrounding property owners. This reduction, if approved,would only apply if a hotel develops on the site(i.e. development Option#2 in the DA).A reduction to the buffer width does not affect building setbacks; all structures are required to be set back from the property line a minimum of the buffer width required in the district.Note:If the property develops in accord with the Option#1 conceptual development plan in the DA, the full 25 foot wide buffer will be provided. A 7-foot wide perimeter landscape buffer is being provided on the property to the east along the shared property line,which would result in a total buffer width of 15 feet if Council approves the reduced buffer width proposed. A mix of trees(1 per 35 lineal feet) and shrubs are being provided within the buffer as shown on the approved landscape plan in Section VI.C. With the perimeter buffer,parking, a drive aisle and pedestrian walkway, a minimum of 75-feet is being provided between the shared property line and the nearest residential structure to the east. All buffers to residential uses are required to be comprised of,but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover that results in a barrier that allows trees to touch within five(5)years of planting. Trees that will not touch until maturity outside of this timeframe must be supplemented with additional materials such as tall columnar evergreen shrubs, or other qualifying materials. Where proposed adjacent land uses cannot be adequately buffered with plant material(s),the City may require inclusion of a wall,fence or other type of screen that mitigates noise and/or unsightly uses.If a wall or fence at least 6-foot tall is provided,the planting requirement may be reduced to a minimum of one (1)tree per 35 linear feet,plus shrubs,lawn, or other vegetative ground cover. There is a 10-foot wide pressure irrigation easement that runs along the eastern boundary of this site Page 2 EXHIBIT A which may prohibit trees. If so, alternative compliance should be requested to the buffer material standards listed in UDC 11-3B-9C.1. Staff recommends at least a portion of the required trees be provided within the perimeter buffer on the adjacent property to the east resulting in a barrier that allows trees to touch within five(5)years of planting to screen the residential uses from the hotel; the remainder of the required trees could be planted elsewhere within the site. Staff is of the opinion the reduced buffer width planted with extra trees that result in a barrier combined with the distance to the nearest residential structures,provides an adequate buffer to the future residential uses from the proposed commercial uses. If Council believes additional buffering of the residential property is needed, a wall or fence at least 6-foot tall could be required on the shared property line. Development plan Options#1 and#2 in the DA, depict a north/south pathway within the perimeter buffer along the eastern boundary of the site and pedestrian connections to the east to the multi-family development(currently in the development process)at the north and south boundaries of the site. Staff is of the opinion the pathway would be utilized more if it were located along the east side of the main north/south drive aisle in the commercial portion of the development rather than on the shared property line between the commercial and residential development. To better accommodate the pathway in this location and the hotel site plan(i.e. Option#2), Staff recommends a lesser buffer width of 5-feet is provided along the east boundary(totaling 12-feet with the 7-foot wide buffer on the adjacent residential property)with a minimum 4-foot wide sidewalk along the east side of the drive aisle. Staff further recommends decorative crosswalks are provided across internal drive aisles where walkways are proposed for pedestrian safety. Pedestrian walkways/connections should still be provided to the residential property to the east at the north and south ends of the site as depicted on the concept plans in the DA. Staff recommends changes to the DA accordingly(see Section VI.B). V. DECISION A. Staff: Staff recommends approval of the proposed modification to the DA with the changes noted in Section VLB as discussed above in Section IV. B. The Meridian City Council heard this item on August 22,2023. At the public hearing,the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Stephanie Hopkins,KM Engineering(Applicant's Representative) b. In opposition:None C. Commenting: None d. Written testimony: Stephanie Hopkins,KM Engineering(Applicant's Representative) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concern pertaining to the adequacy of the reduced buffer width to residential uses to the east: b. Reasoning for relocation of the north/south pathway from the east boundary of the site to the west boundary of the hotel site along the north/south drive aisle. 4. City Council change(s)to Commission recommendation. a. None Page 3 EXHIBIT A VI. EXHIBITS A. Existing Development Agreement Provisions: 4. USES PERMITTED BY T111S 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 lases allowed as permitted,conditional and/or accessory uses tnider 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 The subject property shall na longer be subject to the terms of the Development Agreement(DA) (Inst. #2022-065403, M DA-15-012) for Village Apartments and shall instead be subject to a.new agreement. The new DA shall be signed by the property owner and rettrrned to the Planning Division within six (6)months of the City Council granting approval cif the amendment_ The speeiFie provisions For the new DA are as follows: a_ Development of this Site shall be gener$Ily consistent with the conceptual development plans approved by City Council and the conditions of approval included in Section Vlll.A and include the following: i. SpeciFc details for the integrated plaza/open areas shall be provided with the lust certificate ofzoning compliance_The applicant can relocate open space/plaza areas depicted on the plan with director approval once specific tenants are known. ii. On concept plan option I,same or all of the buildings along the eastern boundary may be rotated and/or relocated and a shared plaza area/green Space added to a more central location within the development for better integration, including a central pathway connection to the open spare and front pad Sites. iii. Il'the site develops consistent with concept plan option 2, the applicant shrill construct a 5-foot sidewalk on the east boundary and provide a decorative crosswalk across the drive aisle of the niuI(i-family portion of the development(S AC of the Village Apartments)to enhance pedestrian connectivity. Page 4 EXHIBIT A b. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application for the site. c. A 25-foot wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses,landscaped per the standards listed in UDC 11-3B-9C, unless otherwise modified by City Council.Construction of the buffer may take place with lot development. d. Pedestrian connections shall be provided between the subject property and the future residential development to the east, the commercial properties to the north and south and to the multi-use pathway along N. Eagle Rd.ISH-55 in accord with the approved pedestrian plans. Pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4. e. Traffic calming shall be provided within the site between the subject property and the residential development to the east. f. Provide trash enclosures within the development capable of housing containers for both solid waste and recyclable materials in accord with MCC 4-14. g. City Council approved the request for a right-inlright-out access via N. Eagle Rd.1SH-55 contingent upon final approval from 1TD in accord with UDC I I- 3H-3. Page 5 EXHIBIT A B. Proposed&Recommended Revisions to Development Agreement Provisions: #5.1a.iii— The applicant shall construct a minimum 5-Feet 4-foot wide sidewalk on along the east side of the north/south drive aisle bou*dai=y through the site(instead of along the east boundary of the site as shown on concept plan) and provide s-decorative crosswalks awes-the where pedestrian walkways cross internal drive aisles. Pedestrian walkways shall be provided at the east boundary of the site to of the multi-family portion of the development(NWC and SWC of the Village Apartments)to enhance pedestrian connectivity. #5.lb—The subject property shall be subdivided prior to stibmittal issuance of the fir-t second building permit for the site; subsequent building permit applications shall not be submitted until after the property is subdivided. Certificate of Zoning Compliance and Design Review applications may be submitted and approved prior to recordation of the plat. #5.1c—A minimum 25-fast 5-foot wide buffer shall be installed along the eastern boundary of the site adjacent to the future residential uses as approved by City Council,landscaped per the standards listed in UDC 11-3B-9C,unless otherwise approved through alternative compliance. Construction of the buffer may take place with lot development. #5.lh—Prior to issuance of the first Certificate of Occupancy within the development, all of the required street buffer landscaping along NEagle Rd./SH-55, including the 10-foot wide multi- use pathwandpedestrian lighting; and the backage road along N. Eagle Rd./SH-55, from the north to the south boundary with connections to N. Eagle Rd./SH-55 and the development to the east, shall be completed. Note:All other provisions remain the same; no other changes are proposed or recommended. Page 6 EXHIBIT A C. Landscape Plan Approved for Village Apartments with A-2021-0231 sua Lon GM UP a.m. Iwll�amcxlMm.neRkxMoxl i �e.=3�.wia.i�w:.r.n svu.= LANDSfAPE%NJ-OVf]iN-L r---------- ------------- mum®� n+�rw+�+.im��+�a �°ne. ma.era.w,r.mnau,w .w.rv�w..,.an I �IAN' DSCAPE PLAN LANDSCAPE PLAN I LANDSCAPE REONIREMENTS_ I Q �,Z ,a P=11. 'LANDSCAPE PLAN LANDSCAPE PLAN . r.�uEmwa�sw�Euou�s�u�uuswrraffm,��a I I �___� `II. L100 Page 7 EXHIBIT A SCHED— ® , , GWOUP m r m. ... N... .. . 1 FREW ..-.. ,. 1Al --------------------- 711 ...- 1 O Q LANDSGME MATERIrllS LEGEND: 1 O � @� • 1 -........ 1 O .. c ..mm.w m....m... O LNOSCAPE KEYNOTES:• 1 •^• .':`ft' w 1 LWD3GARE fmm- - �-- -- - - -- Yo - -1�lf• STCCROCK �yy.SCHEWLE I i - mm o �a°d8°\�\. GWOUP 0°6,1 .>,..� O O 0 1 :w O .,.._.....�,...... ,\ ., L J 5: LANDSCAPE MATERIELS LEGEND � - LANDSCAPE KEYNOTES"• 1 `\ �.m m-� I LANDSCAPE msiea�mmna v-wr-muwm.eimme�s L_______ ML103 Page 8 EXHIBIT A D. Proposed Site Plan(dated: 7/3/23)—Not Approved Md IM-LWU3d 35n 7MO1110 MOO o Owci•NtlIOR13W ei,,s s; IRCH DID]-ntl"ONAM o I I _ qq F R I � y h — g 4 I ;• �A I ��I• � � p ' Y 7-•- - __ - __ Lc:,Yi f` •_` ---J`--_ I r •In fir- =J - EE a �� g 3a"a y ea C'[R g ey y e s a a s a4'lbgry,y� Jw -z 'J III 11 � � 11 Y. I I . II Page 9 EXHIBIT A E. Proposed Landscape Plan(dated: July 10,2023)—Not Approved _ w o — -— -- ------ - - I •-- '�Jo®w®w re e e em o-xn eAc orwE vmw �� - -- - - ---___- = o �.�. � a,: I ,�..�� +. mm« .>Aa �aA;�' +,mm.�rox�9���,..��,,.�� .�• v ��.E.��_+«,,s�=e.. &���� I s` _ _ �� I � � ��:a��� �«� +,. "°"-`m*r-w0'"+�.n���r��wrK M+,. w.,.�.�w..�a.«�a nl.m��sl..• ,�m 16 " : .. . 01:H—C—E :I• :a• o « ..,.Gn<SG+ ..»r � ,.� .,...��.«.«,«TM�d�a.R. .��w� �n «,x,. ox 5 sE� ' T� © IANosCA+PE fJ1LCUWnoNs .V• •x�••. wic rmo.+muR .�,cv..� oo MFLIGATION REONIREMENLSN o�, RICVCIE p PARKINGCALCNLATIOM w+ctlecrcu nru +1 nn'c�awxx..sr.cs U2�EORU'VTIREPLINNNGANOSTMONGVZL U Ion LANDSCAPE PLAN `•``�`�'� ` 03 IEN-REFAIL 04 BI KERACKP-, , 52l4Z REFERS PHQFOS �N L1.0 Page 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Eagle View Landing Apartments, LLC to Accept Deposit of$12,000.00 for Installation of Streetlight ADA COUNTY RECORDER Trent Tripple 2023-051310 BOISE IDAHO Pgs=5 LINDSAY WHEELER 09/06/2023 10:43 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT THIS AGREEMENT for streetlight deposit("Agreement"),made this 5th day of September,2023 ("Effective Date")by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian,Idaho, ("City")and EAGLE VIEW LANDING APARTMENTS,LLC,whose address is 2929 W. Navigator Drive Suite 400,Meridian, Idaho 83642 ("Property Owner"). WHEREAS, Property Owner is the owner of Eagle View Landing, located at Located at 1032 S. Silverstone Way, Meridian, Ada County, Idaho, described as Eagle View Landing Lots 15 & 16 Block 1, Rolling Hills Subdivision in the NW 1/4 of the SE '/4 of Section 16, Township 3N, Range 1E; ("Subdivision"). WHEREAS, one of the site-specific conditions of approval of City's approval of LDIR-2022- 0021/Conditions of Approval with attached record drawings, attached hereto as Exhibit A, is to install One(1) streetlight at the property entrance on S.Rolling Hills Drive on Subject Property. WHEREAS, Unified Development Code("UDC") section 11-5C-3(B) authorizes Property Owner to post a performance surety for such improvements that are needed; WHEREAS,UDC section 11-5C-3(D) authorizes sureties in the form of a cash deposit; and, WHEREAS,under UDC section 11-5C-4, if Property Owner fails to complete the public improvements in the time period required,the City Council may proceed to have such work completed at Property Owner's expense; NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I.COMMITMENTS BY PROPERTY OWNER A. Deposit.Property Owner shall pay a deposit to City in the amount of Twelve Thousand Dollars and zero cents (1 ,000.'00) B. Installation. Property Owner shall obtain all necessary permits, inspections, and plan approvals for the installation of the Streetlights,and install the Streetlights,by 2023 Property Owner shall comply with all applicable laws, including Meridian City Code and the City of Meridian Improvement Standards for Street Lighting. AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 1 C. Demand for return of Deposit. Within thirty (30) days of Property Owner's installation of the Streetlights and completion of all necessary inspections in compliance with applicable codes, Property Owner shall provide to City a written demand for the return of the Deposit. D. Consent to entry. Property Owner shall, and hereby does,provide to the City perpetual consent and access to enter the Subject Property for the purpose of inspecting or installing Streetlights and related infrastructure. Except in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide Property Owner at least twenty- four(24)hours prior notice of such entry. Such notice may be verbal, written, or be posted at the Subject Property. E. Additional expense for installation. If Property Owner forfeits the Deposit due to failure to comply with this Agreement, and City installs the Streetlights, Property Owner shall be responsible for paying to City any amount exceeding the Deposit within thirty (30) days of City's invoice therefor. II.COMMITMENTS BY CITY. A. Recordation. City shall record this Agreement, and shall submit proof of such recording to Property Owner. B. Hold Deposit. City shall hold Property Owner's Deposit until Property Owner installs Streetlights as required by this Agreement. C. Return of Deposit. Within thirty (30)days of Property Owner's installation of the Streetlights, completion of all necessary inspections in compliance with applicable codes, and City's receipt of Property Owner's written demand for the return of the Deposit, City shall return the Deposit to Property Owner. D. Default. If Property Owner fails to install the Streetlights before the Due Date, Property Owner shall forfeit the Deposit to City, and City shall install the Streetlight at Property Owner's sole expense. III.GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. B. Remedies. In the event of Property Owner's default, in addition to other remedies specified herein,the City may withhold building, electrical,plumbing permits,certificates of zoning compliance, or certificates of occupancy for the Subject Property or improvements thereon, if Streetlights have not been installed as required. C. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or Property Owner, or any respective successor(s) in interest thereof. An AGREEMENT To ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 2 action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include,but shall not be limited to, a lien on the property, collections, or revocation of land use approvals and/or certificates of occupancy for buildings on the Subject Property. D. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: If to City: If to Property Owner: City of Meridian Eagle View Landing Apartments, LLC. City Clerk 2929 W. Navigator Suite 400 33 E. Broadway Ave. Meridian, ID 83642 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. E. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. F. Binding upon successors. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof,except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. G. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. H. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination,or forfeiture of this Agreement. I. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 3 stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. J. Non-waiver. Failure of either Party to promptly enforce the strict performance of any tern of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. K. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to streetlight installation and maintenance, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. L. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. M. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. Property Owner: STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this ZS h day of f{tiiate , E e View Landing Apartments, LLC 2023,before the undersigned, a Notary Public in theStatTe of J hn Gabrielsen, Manager Idaho, personally appeared John Gabrielsen, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and URRY affixed my official seal,tl ay and year in this certificate first 29528 a ove written. LICHOINE S 04/15/2029 Notary Public for Ida Residing at � Idaho My Commission Expires: q 1 15 Log i AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 4 CITY OF MERIDIAN: Attest: Robert E. Simison 9-5-2023 Chris Johnson 9-5-2023 Mayor City Clerk STATE OF IDAHO ) ss County of Ada ) I HEREBY CERTIFY that on this 5th day of September 2023, before the undersigned, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON, known or identified to me to be the Mayor and City Clerk, respectively,of the City of Meridian,who executed the instrument on behalf of the City of Meridian,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 5 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Animal Welfare and Enforcement Agreement between the City of Meridian and the Idaho Humane Society for Fiscal Year 2024 ANIMAL WELFARE AND ENFORCEMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY This Animal Welfare and Enforcement Agreement ("Agreement") is entered into on this 5th day of September, 2023,by the Idaho Humane Society, Incorporated, a non-profit corporation organized under the laws of the state of Idaho ("IHS") and the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("Meridian") (collectively, "Parties"). WHEREAS,pursuant to Idaho Code sections 50-302, 50-319, 25-2803 and Title 6, Chapter 2, Meridian City Code, Meridian is authorized to provide animal welfare and enforcement services to further the public health, safety, and welfare; and WHEREAS, Meridian requires the assistance of a third-party independent contractor to provide such services; WHEREAS, IHS is uniquely qualified and able to provide such services within Meridian safely and humanely,pursuant to the terms and conditions contained herein; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: I. SCOPE OF WORK; GRANT OF AUTHORITY. IHS shall serve as Meridian's animal welfare and enforcement authority and shall act as a limited agent for Meridian in the enforcement of all animal-related provisions of Meridian City Code and Idaho Code. IHS shall enforce Meridian City Code, Title 6, Chapter 2, and carry out the duties of the animal control officer as set forth therein, including, without limitation: seizing and impounding animals that are at large and unattended in city limits; seizing, impounding, and euthanizing animals in accordance with IHS policies and the provisions of Meridian City Code; removing and properly disposing of the carcass of any dead animal found in any public place; declaring that an animal is abandoned; deciding whether an abandoned animal shall be euthanized or made available for adoption; declaring that a dog is a vicious dog; issuing uniform citations for violations of Meridian City Code; and providing the Meridian City animal shelter, to include adequate physical accommodations, materials, and staffing to provide basic housing, feeding,watering, vaccination, and supervision of animals impounded therein. IHS shall provide animal code enforcement, emergency services, animal welfare services, field services, shelter services, responsible animal ownership services, and other services as described in Exhibit A. Meridian may contract separately with IHS for the provision of any additional services. II. COMPENSATION; FEES. A. Payment amount and method. For IHS's performance of services as contemplated by this Agreement, Meridian agrees to pay IHS the sum of six hundred sixty-eight thousand, seven hundred and sixty-seven dollars ($668,767.00). Meridian shall pay this amount to MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 1 IHS in twelve (12) equal monthly installments, each installment payable on or before the 15th of each month during the term of this Agreement. B. FY25 increase. If IHS seeks to increase the amount due for services to be provided to Meridian in fiscal year 2025, IHS shall provide to Meridian the proposed increased amount no later than May 1, 2024, and shall provide a presentation to Meridian City Council explaining the proposed increase by June 1, 2024. C. Impound fees; boarding and veterinary fees. IHS shall collect, and shall remit to Meridian within thirty(30) days of collection, 100% of all animal impound fees, as set forth in Meridian's fee schedule, as set forth in Exhibit C, or as may be amended by Meridian, after consulting IHS, in accordance with Idaho Code section 63-1311A. IHS shall be authorized to establish, collect, and retain reasonable and necessary fees for boarding and veterinary services. D. Dog license fees. IHS shall issue dog licenses and collect applicable license fees on behalf of Meridian. IHS shall remit to Meridian a portion of animal licensing fees as set forth in Exhibit D. III. GENERAL TERMS AND CONDITIONS. A. Term. The term of this Agreement is from October 1, 2023 through September 30, 2024. B. Independent contractor. In all matters between the Parties pertaining to this Agreement, the relationship between Meridian and IHS shall be that of principal and independent contractor. Neither IHS nor any person performing work on behalf of IHS shall be deemed to be an employee of Meridian. The selection and supervision of IHS's personnel performing work pursuant to this Agreement shall be in the sole discretion of IHS. Neither IHS nor any person performing work on behalf of IHS shall be deemed to acquire any of the rights, privileges, powers, or advantages of an employee of Meridian, or vice versa; however, those persons performing work on behalf of IHS shall act as a limited agent on behalf of Meridian,which limited agency granted herein shall be strictly limited to performance under this Agreement, as expressly set forth herein, and shall not extend to any other purpose. C. Audits. At any time during normal business hours and as often as Meridian may deem necessary, there shall be made available to Meridian for examination all IHS's records concerning all matters covered by this Agreement. IHS shall permit Meridian to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials,payrolls, and other data relating to all matters covered by this Agreement. At its own expense, Meridian may conduct a fiscal year audit of all expenses and revenues and services provided hereunder. Any auditor engaged by Meridian must use generally accepted auditing standards. IHS shall maintain books, records, reports, and accounts adequate to allow an auditor to evaluate fully, assess, and audit IHS's performance of the Scope of Service. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 2 D. Compliance with laws. In the performance of services under this Agreement, IHS shall comply with all applicable federal, state, and local laws, regulations, and ordinances in effect or promulgated during the term of this Agreement. This obligation shall include timely payment of all taxes and license fees. E. Non-waiver. Failure by the representatives of any of the Parties to, at any time, enforce or require strict compliance with any terms or conditions of this Agreement shall not constitute a waiver of, or affect, or impair such terms or conditions in any way; nor shall such failure affect the rights of the Parties to avail themselves at any time of such remedies as they may have for any breach of such terms or conditions against another Party. F. Indemnification. IHS shall indemnify, save, hold harmless, and defend Meridian from, for, and against any and all direct or third-party claims, actions,judgments, damages, injuries to persons or property, losses, liabilities, and expenses caused by, or arising out of an act or omission of IHS or IHS's officers, employees, agents, servants, and volunteers in connection with IHS's performance under this Agreement and not caused by or arising out of the tortious conduct of any of Meridian or their respective officers, officials, employees, agents, servants, and volunteers, or Meridian's code that is deemed unconstitutional or in conflict with state or federal law. Notwithstanding anything to the contrary in this Agreement, the liability of Meridian is at all times strictly limited and controlled by the provisions of the Idaho Tort Claims Act, Idaho Code Sections 6-901 through 6-929, inclusive, as or hereafter amended. Nothing herein shall be deemed a waiver of any privilege, immunity,protection, or defense afforded to Meridian as a political subdivision of the state of Idaho,under the Idaho Constitution, the Idaho Tort Claims Act, or any other applicable law, and shall not be construed to waive any such protections, which are hereby expressly retained. G. Insurance. 1. Standard Insurance Coverages and Limits of Liability Required: a. Worker's Compensation Insurance. Where required by law, IHS shall have and maintain during the term of this Agreement, Worker's Compensation Insurance, including Employer's Liability, meeting the statutory requirements of the state of Idaho. Employer's Liability insurance in the following minimum amounts: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee If any work is sublet, IHS shall require its subcontractors to provide proof of Worker's Compensation and Employer's Liability Insurance. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 3 b. Commercial General Liability. HIS shall have and maintain throughout the Agreement term, Commercial General Liability Insurance, with the following minimum limits of liability: General Aggregate $2,000,000 Product/Completed Operations Aggregate $2,000,000 Personal &Advertising Injury Liability $1,000,000 Per Occurrence $1,000,000 Fire Legal Liability $ 50,000 c. Automobile Liability Insurance. For all owned, non-owned, and hired vehicles, IHS shall maintain throughout the Agreement term, Business Automobile Liability insurance providing bodily injury and property damage liability coverage for a minimum of one million dollars ($1,000,000)per occurrence limit. Business Automobile Liability insurance shall be written on a standard ISO policy form, or equivalent,providing coverage for liability arising out of owned, hired, or non-owned vehicles in connection with this Agreement. 2. Additional Insured. IHS shall include Meridian as an additional insured party to all of the insurance coverage listed above. 3. No Limitation of Liability. Insurance coverage and limits of liability as specified herein are minimum coverage and liability requirements only. Nothing in this Agreement's requirements for minimum insurance coverage shall be interpreted to limit or release the liability of IHS or any of IHS's insurers. IHS's insurance policy shall include a"separation of insureds" or"severability" clause that applies coverage separately to each insured and additional insured, except with respect to the limits of the insurer's liability. IHS's insurance policy shall not contain any provisions, exclusion, or endorsement that limits,bars, or effectively precludes Meridian from coverage or asserting a claim under IHS's insurance policy on the basis that the coverage or claim is brought by an insured or additional insured against an insured or additional insured under the policy. Failure to comply with any of the requisite insurance provisions shall be a material breach of this Agreement and grounds for termination of the Agreement or, if applicable, and at the discretion of Meridian, shall serve as grounds for Meridian to procure or renew insurance coverage with any related costs of premiums to be repaid by IHS or offset against the payment due from Meridian to IHS. 4. Evidence of insurance. IHS shall provide the following as evidence of insurance: a. A certificate of liability insurance evidencing coverages, limits of liability, and other terms and conditions as specified herein. In the "Certificate Holder" field of the certification of insurance, the City of Meridian shall be written in; and b. An attached designated additional insureds endorsement or blanket additional insureds wording to the required insurance policies that names each of Meridian. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 4 At any time upon Meridian's request, IHS shall also cause to be timely furnished a copy of declarations pages and schedules of forms and endorsements. If Meridian tenders a claim or lawsuit for defense and indemnity invoking additional insured status, and the insurer either denies the tender or issues a reservation of rights letter, IHS shall also cause a complete and certified copy of the requested policy to be timely furnished to Meridian. 5. Notice of cancellation or modification; renewal. IHS's certificates of insurance shall be signed by an authorized representative of the issuing insurance carrier and shall state that the issuing company shall provide the Parties with a minimum of thirty (30) days' written notice prior to canceling or reducing any of the policies or limits required by this Agreement. Renewal certificates or binders must be provided to the Parties a minimum of five (5) days prior to the effective date of the renewal. If binders are used, they must be replaced by appropriate insurance certificates no later than thirty(30) days after the effective date. G. Termination. 1. Termination of this Agreement shall not relieve the Parties of their obligations or liability to each other incurred prior to the expiration of this Agreement. 2. This Agreement shall terminate between Meridian and IHS upon the following events: a. Meridian or IHS gives the other Party written notice of termination, which termination shall be effective on the first day of the calendar month that is at least ninety(90) calendar days after delivery of such notice of termination; b. Meridian fails to appropriate adequate funds for this Agreement in its budget for the fiscal year, in which case Meridian shall notify IHS of any non-appropriation of funds within thirty(30)business days of such non-appropriation; or c. Meridian and IHS agree, in writing, to terminate this Agreement. H. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to its subject matter, and this Agreement supersedes all prior agreements and understandings, whether written or oral, with respect to its subject matter. I. Amendment. This Agreement may be amended at any time by mutual written agreement signed by the authorized representative of each Party. J. Notices. Each Party shall deliver all communications in writing either in person,by U.S. mail,postage prepaid, by email, addressed to the other Party as set forth below: Idaho Humane Society City of Meridian ATTN: Chief Executive Officer ATTN: City Clerk 1300 S. Bird St. 33 E. Broadway Avenue Boise, Idaho 83709 Meridian, Idaho 83642 jrosenthal@idahohumanesociety.org cityclerk@meridiancity.org MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 5 Either Party may change its notice address by notifying the other Party as described in this section. K. Attorneys' Fees. In the event of any dispute or litigation arising from this Agreement or its subject matter, the prevailing party in such dispute or litigation may recover its costs and reasonable attorneys' fees as may be provided by applicable Idaho law. L. Assignment; Subcontract. Neither IHS nor Meridian may assign or subcontract any of their rights or obligations under this Agreement without first obtaining the written consent of the other. M. Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. Venue for any action brought pursuant to this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. N. Non-Discrimination. In performing the services required herein, neither IHS nor its subcontractors shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or disability. O. Severability. Any section or provision of this Agreement that is held invalid by a court of competent jurisdiction shall be stricken, and the remainder of this Agreement shall continue in full effect. P. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. IN WITNESS WHEREOF, the authorized agent or representatives of Meridian and IHS execute this Agreement and make it effective on the date first written above. IDAHO HUMANE SOCIETY: By: Dr.4Jefserithal, Chief Executive Officer CITY OF MERIDIAN: ATTEST: By: Robert E. Simison, Mayor 9-5-2023 Chris Johnson, City Clerk MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 6 EXHIBIT A SCOPE OF SERVICES I. SERVICES. IHS shall be responsible for selecting and training adequate and qualified staff to carry out all of the following services in a professional manner: A. Animal Code Enforcement. IHS shall provide animal code enforcement services seven (7) days per week, from 8:00 a.m. to 7:00 p.m. In performing animal code enforcement duties, IHS shall: I. Timely and thoroughly investigate all complaints and calls for animal enforcement service, and as contemporaneously as possible, draft clear and complete reports sufficient to support the prosecution of the offense. For any cases involving dangerous animals or nuisance violations (e.g., bites, barking, aggressive behavior, vicious dog, etc.) search IHS's internal case management database for any prior incidents involving the same suspect animal-owner and/or animal. If prior incidents are discovered, a reference to such priors shall be included in the current investigation report. 2. Collect available evidence at the time of investigation and shall include it with the corresponding reports as may be necessary. 3. Timely file all citations and reports with the Court and/or prosecutor, as appropriate. 4. Upon request, timely provide to Meridian copies of the citation, reports, or evidence. 5. Appear on time for all court hearings and trials and shall be fully prepared to testify, including reviewing all relevant reports, photographs, audio recordings, video recordings, and other records and evidence. 6. Comply with subpoenas and notify the prosecutor at the earliest opportunity of any scheduling conflicts that may prevent the appearance of a subpoenaed IHS employee at a scheduled court date or meeting. 7. Provide to Meridian an accurate telephone contact list containing the names,titles and direct office telephone numbers of IHS CEO, CFO, Director of Animal Control, and Dispatch. IHS shall provide Meridian updated contact lists within thirty(30) days of any changes. 8. Return all telephone messages and emails within forty-eight (48) hours of receipt of the message or email. B. Emergency Services. IHS shall provide emergency services twenty-four(24) hours per day, seven(7) days per week. For purposes of this Agreement, "Emergency Services" shall include field calls for the following: l. Injured stray dog or cat; 2. Dog bite or cat bite with animal still at-large; 3. Dog bite requiring quarantine of the animal; 4. Vicious or dangerous dog with the dog still at-large, constituting a threat to persons or domesticated animals; 5. Animal caught in a trap that is making a disturbance, or that is injuring itself, 6. Dog, cat, or livestock causing traffic safety issue; 7. Animal cruelty violations; 8. Dangerous animal at-large; MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 7 9. Exotic animals and wildlife; 10. Multiple calls received on the same non-emergency animal-related problem (IHS officer to be on-call, and police dispatch will evaluate the circumstances to determine whether to respond); and 11. Request from a law enforcement agency, received after the hours of regular enforcement services, for assistance with an animal. C. Animal Welfare Services. IHS shall provide animal welfare services in Meridian, including investigating complaints, responding to calls for service,patrolling(as time and personnel permit), issuing citations to suspected violators, following through on such citations by appearing to testify in court as appropriate, apprehending and impounding stray and other animals, and picking up small dead domesticated or wild animals within public areas. Large wild animals will be referred to Fish and Game. Animal Welfare Services shall also include: 1. Impoundment of free-roaming animals to protect the public from animal attacks, bites, and accidents. 2. Protection of public health through animal disease surveillance in conjunction with the Idaho Department of Health and Welfare. 3. Quarantine of disease-suspect and bite case animals. 4. Participation in local disaster planning to address animal-related issues. 5. Enforcing animal cruelty statutes and codes. 6. Transporting injured animals to IHS's veterinary hospital or other critical care facilities. 7. Removing and dispositing of dead animals, whether wild or domesticated, from public areas. 8. Referral to appropriate governmental agencies,private entities, and volunteer service groups who respond to reports of injured wild animals and provide transportation of such animals to veterinary hospitals or local wild animal rehabilitation facilities. D. Field Services. The provision of field services include,without limitation,responding to the following complaints and calls for service: 1. Dog at large. 2. Trapped dog. 3. Livestock at large. 4. Excessive dog barking. 5. Unlicensed dog. 6. Dog or cat without rabies vaccination. 7. Dogs threatening a person or domestic animal. 8. Dog or cat bite. 9. Injured or sick stray dog, cat, or other domesticated animals. 10. Abandoned or mistreated animal. 11. Negligently confined animal. 12. Animal cruelty or neglect. 13. Dead dog, cat, or other animals (including wild animals). 14. Prohibited or dangerous mammal or reptile investigation. 15. Unsanitary premises (e.g., excessive animal waste) inspection. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 8 E. Shelter Services. IHS shelter services shall be open to the public seven (7) days per week from 10:00 a.m. to 6:00 p.m. For purposes of this Agreement, "Shelter Services" shall include: 1. Maintaining a lost and found program for animals. 2. Holding stray or lost animals in accordance with the applicable Meridian ordinance. 3. Examining stray and lost animals for licenses or identification chips, and if a license or chip is found, to make a reasonable attempt to return such animal to its owner. 4. Coordinating with IHS's veterinary clinic to ensure that all dogs and cats are spayed or neutered prior to adoption. F. Responsible Animal Ownership Services. IHS shall provide services to support the goal of responsible animal ownership in the respective territorial limits of Meridian, including public information and education, making recommendations to Meridian regarding needed changes in policies, fees, and ordinances, and other community animal welfare matters. IHS shall strive to reduce animal-related violations and increase voluntary compliance with animal-related provisions. Further, IHS shall: 1. Provide court-ordered humane animal education classes to individuals convicted of animal cruelty and neglect regularly(no less frequently than every sixty(60) days). IHS may charge a fee for such humane animal education classes,which is paid by the individuals who attend such classes. 2. Promote animal adoptions. 3. Continually educate the public regarding the benefits of spaying or neutering pets. 4. Issue Meridian dog licenses in accordance with this Agreement. 5. Promote citizen compliance with dog license requirements. II. RECORDKEEPING,ACCOUNTING,AND REPORTING. A. Operations records. IHS shall prepare and maintain complete and accurate records regarding its performance of Scope of Services, including,without limitation, records of the disposition of any animal picked up by IHS,by a Meridian employee, or by a private citizen and then delivered to IHS ("Impounded Animal"). B. Separate accounting. IHS shall maintain accurate and complete records of its operating expenses in connection with the Scope of Services. IHS shall account for services provided under this Agreement separately from other functions to the extent administratively feasible, and shall establish a reasonable basis for allocated costs. C. Records of fees. IHS shall maintain accurate and complete records of the fees it collects on behalf of each of Meridian. D. Annual Report. IHS shall provide a written annual report, no later than January 31 of each year to each of Meridian. The annual report shall include the information provided in Exhibit B, and: 1. Documentation showing the current service levels in Meridian in comparison to a three-year average baseline. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 9 2. Projected target service levels for the next twelve (12) months. 3. Number of field calls within the jurisdictions of Meridian, sorted by call category. 4. Average response times to calls for service within Meridian. 5. Number of citations issued for animal code violations. 6. Number of Impounded Animals. 7. Number of days Impounded Animals were boarded. 8. Number of Impounded Animals returned to the owner. 9. Number of animals adopted. 10. Number of Meridian dog licenses issued by IHS. E. In-person presentation. Meridian may request that IHS present the annual report to Meridian City Council. IHS shall provide such presentation within thirty(30) days of the request. F. Requested reports. Meridian may request that IHS provide reports or documentation in addition to the annual report as may be necessary to assist Meridian in its budgeting process. IHS shall timely respond to all Meridian requests for reports and documents. G. Standard Operating Procedures. IHS shall develop internal standard operating procedures and policies ("SOPS")related to the services provided under this Agreement. All applicable IHS employees are to be trained on these SOPS. Upon request, IHS shall produce a current and accurate written copy of such SOPS. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 10 EXHIBIT B FORM OF ANNUAL REPORT KFHEDULE 1 FORM OF ANNUAL REPORT idahu Hurnane Society Annual Stu#istics For the CaI end arYear Ended Ile cember 31, 2022 Ada Counly Kuna ea Ise Meridian E2611a Combined Total City/County Field Calls divided by category_ Ajarefslw@ Attack Barking Bite Dead0nlUFed ry t Dt Lva targe{Small Aeilr%al Cruelty/Neglect Miscellaneous Pickup-Cat pickup- R LapR Llv{ tock Wildlife Related CaJls Extra Patrol Berrister/SherifPs 1XfIce/City Hall,CtG Tpkal number of calls I HS a,rvW r0ponse tinWS to Priority Calls{ar 5,er 1KC-MinUtes Number of city licenses sold by IH5 Number OfCitatMons Issued for Animal Code Violations Number of Letters Issued for bark;ng Dogs Np im-1nd year Number of Letters issued for f]ag at Large HOIiCeS-151 year Number of Wprni no issued For Animal Code Vlaletiom Numberof tlmes offivcrf cducated vs.citing Number of animals handled Number of animals Irnpouf,ged Average number of boarded dep5 per impouFrd-d animal Numptr of animals returned to owner Live Release rate total Carts Dogs Number of spay/neuter procedures performed Number of an imals fostered Number of animals adapted Number of yolu rtLer hours lagged Hurmft Education program youth reached MERIDIAN—HiS AGREEMENT,OCTOBER 2023—SEPTEMBER 2024 PAGE 11 EXHIBIT C CITY OF MERIDIAN IMPOUND FEES Fee Name Description Amount Impound Fee—Dog Cost of services necessary to capture a dog at large $50.00 in Meridian and impound it at the IHS facility. Impound Fee—Dog Cost of services necessary to capture a dog at large $75.00 bite case or vicious in Meridian and impound it at the IHS facility, where dog the dog has bitten a person or another animal, and/or is reported to be vicious. Impound Fee— Cat Cost of services necessary to process cat into shelter, $15.00 where animal is captured in Meridian is dropped off at the IHS facility. Impound Fee— Cost of services necessary to capture livestock or $150.00 Livestock or large large animal in Meridian and impound it at the IHS animal facility. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 12 EXHIBIT D DOG LICENSING DESIGNEE AGREEMENT The City of Meridian hereby authorizes and empowers IHS to issue dog licenses on behalf of Meridian in accordance with all applicable provisions of Meridian City Code and the following terms: A. Issuance of dog licenses: IHS shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), or any subsequent iteration thereof, including,but not limited to: 1. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed. 2. Collection of appropriate license fee. B. Rabies education. IHS shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. C. Official log: IHS shall keep an official, monthly, written log of all dog licenses issued by IHS on the form provided by City and shall keep such written log complete and current at all times. D. Administrative fee: City hereby authorizes IHS to collect and keep an administrative fee of fifty percent(50%) of the amount of each dog license fee collected on City's behalf. E. Monthly submission to City Clerk: City shall provide dog license tags to IHS. At the end of each month during the term of this Agreement, IHS shall submit to the Meridian City Clerk: 1. All dog license fees collected by IHS on City's behalf; and 2. A true and correct copy of the IHS's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (1 Oth) day of the month following the month for which the fees were collected and the monthly log completed. F. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of IHS's issuance of dog licenses,the Meridian City Clerk notifies IHS of a discrepancy in fees collected and data reported by IHS in the log or quantity of unissued tags, IHS shall remit to City funds in the amount of such discrepancy. IHS's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of IHS's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 13 EXHIBIT E CERTIFICATIONS Pursuant to Idaho Code § 67-2359, which requires public entities to include in contracts for services a written certification that the contractor is not currently owned or operated by the government of China and will not for the duration of the contract be owned or operated by the government of China, and Idaho Code § 67-2346, which requires public entities to include in contracts for services a written certification that the contractor is not currently engaged in and will not for the duration of the contract engage in a boycott of goods or services from Israel or territories under its control, IHS hereby certifies: A. That IHS is not currently owned or operated by the government of China and will not, for the duration of this Agreement, be owned or operated by the government of China. B. That IHS is not currently engaged in, and will not for the duration of the Agreement engage in, a boycott of goods or services from Israel or territories under its control. MERIDIAN-IHS AGREEMENT,OCTOBER 2023-SEPTEMBER 2024 PAGE 14 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Alden Ridge Subdivision H-2022-0059) Between the City of Meridian and Ryenn Holdings, LLC and Prabhjot Kaur Sidhu and Abninder Singh Sidhu for Property Located at 6870 N. Pollard Lane and the three parcels to the north and east, directly east of SH-16 and directly south of the Phyllis Canal at the northern edge of the Meridian area of City impact ADA COUNTY RECORDER Trent Tripple 2023-051343 BOISE IDAHO Pgs=52 ANGIE STEELE 09/06/2023 11:46 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ryenn Holdings LLC, Owner 3. Prabhjot Kaur Sidhu and Abninder Singh Sidhu, Owner 4. Tall Timber Consulting, Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 5th day of September , 2023, by and between City of Meridian, a municipal corporation of the State of IdLo,hereafter called CITY,whose address is 33 E. Broadway Avenue,Meridian, Idaho 83642, and Ryenn Holdings LLC, hereinafter called OWNER, whose address is 2610 E. Jasmine Lane, Meridian, ID 83646, and Prabhjot Kaur Sidhu and Abninder Singh Sidhu, hereinafter called OWNER, whose address is 2210 Leccino Court, Livermore, CA 94550, and Tall Timber Consulting, hereinafter called DEVELOPER, whose address is 14254 W. Battenberg Drive, Boise, ID 83713. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of annexation and zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-511-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners and Developer have submitted an application for annexation and zoning of approximately 24.8 acres of land with the R-4 (20.35 acres) (Medium Low-Density Residential) zoning district and R-8 (4.45 acres) (Medium-Density Residential)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 DEVELOPMENT AGREEMENT—ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 1 OF 9 responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 13th day of December, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/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 their 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: means and refers to Ryenn Holdings LLC, whose address is 2610 E. Jasmine Lane, Meridian, ID 83646; and Prabhjot Kaur Sidhu and Abninder Singh Sidhu, whose address is 2210 Leccino Court, Livermore, CA 94550, hereinafter called OWNER, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Tall Timber Consulting, whose address is 14254 W. Battenberg Drive, Boise, ID 83713, hereinafter called DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s) of the Property. DEVELOPMENT AGREEMENT-ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 2 OF 9 3.4 PROPERTY: means and refers to those certain parcels of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing parcels 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. Future development of this site shall be substantially consistent with the approved plat, landscape plan, phasing plan, access exhibit, and conceptual building elevations included in Section VII and the provisions contained herein. b. Any existing structures shall be removed upon project development, except for those specifically noted within the preliminary plat to remain. C. The existing home shown to remain on Lot 13, Block 1 shall connect to City sewer services with the first phase of development. d. Due to access and sewer availability, phase 1 development shall not commence until a public road access is available to the site and the required sanitary sewer lift station is constructed by the adjacent development to the south(Pollard Subdivision). e. The Applicant shall relinquish their rights to access W. Old School Lane and provide the Planning Division with written proof of this relinquishment with phase 1 development and maintain access for 6854 N. Pollard Lane & 5500 N. Pollard Lane as depicted on the access exhibit (Exhibit VII.E) until such time their permanent access through Pollard Subdivision is constructed. f. The rear and/or sides of homes visible from SH 16 (Lots 8-12, Block 1) shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. DEVELOPMENT AGREEMENT-ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 3 OF 9 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. 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 DEVELOPMENT AGREEMENT-ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 4 OF 9 waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 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: OWNER: Ryenn Holdings LLC Prabhjot Kaur Sidhu and Abninder Singh Sidhu 2610 E. Jasmine Lane 2210 Leccino Court Meridian, Idaho 83646 Livermore, California 94550 DEVELOPMENT AGREEMENT-ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 5 OF 9 DEVELOPER: Tall Timber Consulting 14254 W. Battenberg Drive Boise, Idaho 83713 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/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 DEVELOPMENT AGREEMENT-ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 6 OF 9 City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing annexation and zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Ryenn Holdings LLC �- Z- - 01— By: Kyle z e-° d Its: State of AIDIq Iq ) ss: County of_A D14 ) On this IS day of_JVVA ,2023,before me,the undersigned, a Notary Public in and for said State, personally appeared_hQ I P _ 1-7-Yi 2-I r°d` , known or identified to me to be the m ojAA eguberof Ryenn Holdings LLC and the person who signed above and acknowledged to me that he executed 0 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 My Commission Expires: 3 BRIAN D LEWIS i COMMISSION#20230963 NOTARY PUBLIC 1 STATE OF IDAHO IMY COMMISSION EXPIRES 03/10/2029 j OWNER: _ _ _ _ _ __ OWNER: Prabhjot Kaur Sidhu Abninder Singh Sidhu j i I State of ss i County of ) On this day of ,2023,before me,a Notary Public,personally appeared Prabhjot Kaur Sidhu and Abninder Singh Sidhu, known or identified to me to be the person named in the foregoing, and acknowledged to me that they executed the same as a free act and deed,for the uses and purposes therin mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. i (SEAL) Notary Public for Idaho My Commission Expires: I i DEVELOPMENT AGREEMENT—ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 8 OF 9 ACKNOWLEDGMENTS IN WITNI?SS WHERI?OF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Ryenn Holdings LLC By: Kyle Enzler Its: State of ) ss: County of ) On this_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 of Ryenn Holdings LLC and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public My Commission Expires: OWNER: OWNER: oty, Ss Prabhjot Kaur Sidhu Abninder Singh Sidhu State of ) ss County of_� "c' ) On this \2 day of_ 2023,before me,a Notary Public,personally appeared Prabhjot Kaur Sidhu and Abninder Singh Sidhu, knoWn or identified to me to be the person named in the foregoing, and acknowledged to me that they executed the same as a fi•ee act and deed,for the uses and purposes therin mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. µsr - - ��► \, AJITPAI SIDHU �p 'w.# 2398423 rA Notary Public for Idelte C. & %w Yl aA ARY PUBLIC-CALWORNIA V, NAPA COUNTY My Commission Expires:SZ'a-_�L -29A6 �ttw.rn. 11Y Comm. EzP MAR.24,2026"' DF.VEIAPMENT AGREEMENT—AI.DFN RwGi;SUBDIVISION(H-2022-0059) PAGL 8 Of 9 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 9-5-2023 Chris Johnson, City Clerk 9-5-2023 STATE OF IDAHO ) ss County of Ada ) On this 5th day of September ,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—ALDEN RIDGE SUBDIVISION(H-2022-0059) PAGE 9 OF 9 EXHIBIT A ACCURATE SURVEYIRG & tlllp� lKd f e r+ Job No_22-197 Auncxadon Description A parcel of land lying in the Suuthwest Quarter of Section 21,Township 4 North,Range 1 West of the Boise Meridian"being more particularly doscribcd as fnilaws- Commenting at the found 2 inch aleuninurn cap men=ern is asphalt at quarter corner common to Sections 21 and 28, T 4 N,R l W li+vm which the fxuyd 2 inch aluminum cap monument in asphalt at the corner oomman to Smtions 20,21,28 and 29,T 4 N,R 1 W,bears N 89'27' 17"W a distance of 2609.48 fuct, lbence N 89'27' 17"W along the section line for a distance of 1304.74 feet to the west sixteenth corner common to Sections 21 and 28;thence N 00"34' 56'L-along the sixteenth line for a distvnm-of 1317,29 fret to a found 5181h inch iron pin with a 2 inch alwainum cap stamped PLS 11463 at the southwesi sixteenth comer of Section 21 and the POINT OF BEGINNING; Tlwnce N 89"2.7' l8"W for a disc ante of 25,00 foci to the c�mterli ne of N. Pollard Lane; Thencc N 00'29' 13"E along said weritcriine fbr a distance of365.15 feet; Thence 11 89'30' 47"W along said mmterliac for a distance of 33.33 feet Thence S 83'33' 3W W along said centcrtinc for a distance of 55.00 feet; Thence 5 85'48' 43"W along said centerline fora distance of 36.25 fert to a fmmd aluminum cap monamont on the southeasterly right-of-way of State 14ighway 16; Thence N 68' 56' 21"W for a di stance of 155.65 feet to the centerline of State Highway 16; Thence along said centerline 770.84 feet atom a curve to the right,said curve having a radius of 10,0OO.O0 fee#,a central angle of 40 25' W'and a tong chord bearing N 28130'55"E a distance of 770,65 feet -pierce S 6W 34' 55"E for a diqu of 158,30 feet to a found 4 inch brass cap monument on the suuthwesterly line of the PhylEsCanal. Thence along said tine the Following 8 courses and distances= a,} along a curve to the right 6D.81 feet,said curve having a radius of 340.00 fcc4 a crm(rnl angle of 10' 14' 52"and along-chord hearing S 74109' S 9"E a distance of 60.73 feet to a fouild 5l0 inch iron pin with a 2 imh aluminum cep stamped PLS 11463: 2.) 8 5r K' Off"E Fat a distance of 244.90 feet to a found 5lllth inch iron pin with a 2 inch alwainum Gap stamped PLS 11463, i 1520 W. Washington St, Base, ID W02 - Phone.204-4U-4227 WWWA0WTiR*$U rv$yors.com ACCURATE = SIIYg1AB f YA 111AI ' 1f6110 he No,x-1P! SJ alunia capswiradiPLS 11M3; Iheave afowd SBN irch uon pin wiN e2iah yo['5T up ,VaobPL511463; 4J 361°59'S 5710; disbna of202]O frelwafcwW SBNirchiran pin wiNaplulic cep O53- PISS]10; SJS 2TE6radisuvre of 109.48fMbafouol SBW inch iwvpvvnNeplesdc cep bL55] 6.) 5 52-cm 52°5P I0; bw M oo(10I.1]fbafawW SBN itch vav pin vriW aplaedc cap aMM 10; I2-05 PLS57-E 0; ].) S 52'OS5 (ore dum of ce I&.95 fMbe fount SBW iocE i,wpwwiNe pluck cep mh BJS]0°40IS5710ored'unvz of112.43f me 6wd 5BWiW ova pin v vnaPlutic rep IeEela1 PL55]10; Therce S 00°31-SW W fpad'ulmre of557.08 loot o a muxt SBN wch hon pin wiN a plutic up labeled PLS 5710; ThvasN89°27' ll'Walong�tixavNhlioe fm ntliswnce of 116495f wNe PO1Ni OF eMMINc. Seal parcel connow 24.W2 eves mom or Ina 17463 $ 152a W.Wuhhgwn M.Wee.ID W]@ .Phore'.2LY4 M- www..rov.mnm.Yw..ww nn (') rrrrrrr_ r- N -' C C m05T U. N z Z < m m C rTj U, cncnzcncnz � 0 o - Dy voo°igcODi,� w ( � U m bD � 19 rrl -� m � C:) L" 0 �oC�.+ O � � � Cnni� c,+� t0 0 \ II- C) � Ma Us s Li i N N C) W a: m m CD �y o LALA oD NO 00 o N m i'. N. POLLARD LN. O R�ro � ST'9T F oNm o� �� v'-!71 �O QD D ° I a m ^' tp C a p0 \rn m I _ co U'.c, to o O cn z 0 Lo rn � CID o o (aCID N o o , `° c 00N� t ow orn u, Q Z> rn m z 'C o N � 0D � o N c' v` o ru � " N O V wa� 0 -�0 to z m do 2 = w o n c� r C zi rn Z o V! R1 i S 003t 5O" W 557.08' 2 Ln 0 � p m g0 �0 O r �OQrr- 2 i R1 > � C to„�O "� ��� � �► (n n O r O O ►v � A I � OZ m 1 N C n PROFF O O co I I I � 2 N N) 2.` ^' a�aS O� � � CD n � � cna nI N N N m ` n �,�' _s 'p cn _ i cn r O a 2 z �O rr, Ln ZZ � n2 p @Aa� � C o ` r 20 p2 °' � 2n r� '+ nn, okO _� ~ Z A �T St.� p �1TQ G2j ~ 2 O v Z O °° -4o0 a 2C 9vWJ O 2 a � �0 = 07 v N Ln _ C v N -.a J *-1 14Fe ACCURATE � �� CP 5l1A4P1INO li MAPP11-D r Y ,Fob No. 22-197 Zoning R4 Description A parcel of land lying in the Southwest Qtww of Section 21, Townxh ip 4 Nwh, Mange i Wiest of the Boise Meridian and being more particu lwly described as follows: Commencing at the found 2 inch aiuminum cap monument in asphalt at quarter corner common to Sections 21 and 28,T 4 N, R 1 W from which the found 2 inch alunaintin eAp morivms.'.rlt iii a, hali at the corner common to SeLliorrs 20, 21.28 and 29,T 4 N, It 1 W,bear&N $9127' 17" W a di;-lance of 2604,48 feet;thence N 89' 27' 17"W along the sertion line for a distance of 1304.74 feet to the west sixteenth corner common to Sections 21 and 28'. Hence N 00'34' 56'E along the sixteenth line for a distance of 1317,29 feet to a found 5}8'inch iron pin with a 2 inch aluminum cap stamped PLS 11463 at the southwest sixlucnth corner of Section 21;lbertm N 89'27' 18" W for a distance of 25.00 feet to the centerline of N. Pollard Lane;thence N 00' 29' 13" E along said centerline for a distance of 163.00 feet to the POINT OF BEGGING; Thence N 00'29' 13"E along said centeriWe for a distance of 202.15 feet; Thence N 89'30' 47"W along said centerline for a distance of 33.33 feet; Thence S 83' 33' 30"W along said centerline for a distance of55.00 feet; Thence 8 85°48' 43"W along said centerline for a distame of36.25 ken to a found alumia m,cap monument on the southeasterly right-of-way of Stele I1ighway 16; Thence N 69'56'21"W for it distance of 155,65 fee to the centerline of State Highway 16; Thence along said centerline 770.84 feet along a cwve to the right,said curve having a radius of 10,00U0 feet,a ceawd angle of 41 25' W'and a long chord hearing N 28130' 55"E a distance of 770,65 fact; Thence S 60' 34' SSA F for a distance of 158.30 feet to a found 4 inch brass cap monument on the southwesterly line of the Phyllis Cantu Thence aioag said line the following 8 courses and distances: 1.) along a curve to the right 60.81 fleet, said curve having a radius of 340.00 feet, a central angle of 101 14' 52" and a long chord bearing S 74109' S(Y E a distance of 60,73 feel to a faWA 51r inch iron pin with a 2 inch aluminum cap stamped PLS 11463; ?.) S 67'00' W'E for a distance of 24-4.90&et to a found 5Mth inch iron gin with a 2 inch aluminum cap stampcd PL S 1 I463; 1520 W. Washington St. Boise, 10 83702 • Pharos; 208-488-4227 ■ www.a=ratesurveyors_com ..ACCURATE S U R V E I I H 6 & M M R P I N 0 y fret v 0-16 Job No. 22-197 3) S 67'00' 46' E for a dimanct of 47.31 feet to a found 518th inch iron pin with a 2 inch aluminum cap stamped PPS 11463; 4.) S 61°59' W' E for a distance of202.70 feet to a found 518th inch iron pin with a plastic cap labeled PLS 5710: 5.} 5 53'06'2T'E for a dis wcc of 109,43 feet to a found 518th inch iron pia with a plastic cap labeled PLS 5710; 6.) 5 52' 52' 46"E for a distwuv of 107.17 fee[to a found 5/8th inch iron pin with a plastic cap lahcled PLS 5710; 7.) S 66' 52' 05"E for a distance of 184.95 feet to a found 5I8th inch iron pia with a plastic cap labeled PLS 5710; 8.) 13 70140' 30"E for a distance of 112,43 feet to a found Ath inch iron pin with a plastic cap labeled ]?L5 5710; •Thence S 00'3 V 50"W for a distance of394.08 feet; Thence N 89'27' 18" W f"a distance of 1190,07 feet to the POINT OF BEC IIx1WMG. Said parcel wntains 20.349 acres.more ar less. 11463 w '. aF %'D 1520 W. Washington St., Bnlse, ID 83702 . Phane- 208488-4E27 www.accuraresLirveyors_co m EXHIBIT MAP a s LAC; , na 14 v �,,,.. srV of rr. r.«. zra. ea COIMTY 6 AOA—STAR: W MMO S Ian 0 .mr` m`r1°� t fmv W _ � I I "k � • ��Na"` r sm wnr Orr M1y}�im� ' Pau Qavrw =ww r�wrs W 114639 Im LINE TA9E >. m'O' srW w T UM ..:v. u . ®s.W ' sstACNRAh f]M1£ TA(4£c mr WM .ACCURATE. ,-- 0 mwG.x lm yw1e6R9 neuriPmn A pmecl IflvN lyingm the Sowhwul Gluneraf SeNon 21,fon ,p4 Nmd.Rmge l Wertof the Bois Ma'vo end hwg m,m pmdvW my dmml,d i ,I of l,m Gomma 21 ,dedm 4N.2 I W ehwiniIm espm,IM 2 , uphvllYqup wrnewmmmb ftwm31, d ,w4N.RIWfivm Wdch Nefount3l iluminumupmwumwlinuphehv the wmeewmmanw Ssdos 30. W ,,f;W 2Y.T 4 N.R 1 W,bze N If130IT W nliAott A 36teenth co mmmml33' 13"W 1 "U<axtlanf ' ad isYmiwof130434fM 1h lle wnR sixteenth tIf 13nmmmon O 9euuxt A l and fl:NmeeN W2 im S6"E rnm Ne aklsmL Ime fora dL muoflll]29(M ,,,a flf 21 flat th, iM iFBEGminum Gupflumped PLS 1146I& the wulhwulvinhmih Gwarof5eeli®RI stl NCPoN"!OF BECP'NP'Gi lhrv'e N W27' Ir W If,,dvlms oft Mfin b demnedine afN. Pollmd 1baa N M'N' 13-E ukng adam¢dme(m u A of 163,00 fN: llmm S 99°3T 11-E fix a dlPs[e of I I W.03 fM: lhwe S M'31'S W If,atievee of 163.W Ree m a fnwtl Sal inch lmo pmwilh a up GfM PL55710; Th Ng9"2T ICWilw66evx®d Iioa faeudimm'.e of 116495 htl b We MM OF BEGLYNMG. Seid pmelwWuwu 4.453 e,va.m mua Im. 11463 40v� p: g �01 "�. x ♦a 1ss0 w.us.uGznn St.BGw,to mm-phmn.Wueun3 EXHIBIT MAP / t Maus - Me r r(M ry AT'4 MI I SW I/r WC ]I. IeR Bx \r„ wulnT a ABA—STALE a lou/o �e FFINE oFFABovemBI xlAwr oAAA d wW uMMr.x I AS 0 / rerr re rrw./t a e camMlmwxr„�xK AL . . . roWroerwww J f xNWN rx r vwvFAA ll� — IJI �61Y BARI SUM x1rY rp/Je H rRW TR �t �rrYl10� LBiE TABLE JJ• ACC1JR I E 402 NW, 1sunmseunu t XW" 1B W G bNMI 15W]Ib W A 161.t0 YMRMM.{)DII JI EXHIBIT B STAFF REPORTC�WE COMMUNITY DEVELOPMENT DEPARTMENT HEARING 12/6/2022 Legend DATE: Project L[x4lion TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 4 r.i SUBJECT: H-2022-0059 Alden Ridge Subdivision LOCATION: 6870 N. Pollard Lane and the three(3) -__ parcels to the north and east, directly east of SH 16 and directly south of the Phyllis �- Canal at the northern edge of the -• _ Meridian area of City impact,in the NE _ J � 1/4 of the SW 1/4 of Section 21 F= Township 4N, Range 1 W. I. PROJECT DESCRIPTION Request for Annexation and Zoning of approximately 24.8 acres of land with a request for the R-4(20.35 acres)and R-8 (4.45 acres)zoning districts and a Preliminary Plat consisting of 65 building lots and 10 common lots on approximately 21.7 acres of land in the requested zoning districts,by Dave Yorgason, Tall Timber Consulting. NOTE: The Applicant has also requested Alternative Compliance to the required landscape buffer requirements adjacent to State Highway 16;the Director has approved this request per the analysis in Section V and the findings in Section IX below. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—24.8 acres; PP—21.7 acres Future Land Use Designation Low Density Residential(LDR,up to 3 du/ac) Existing Land Uses County residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 75 total lots—65 residential building lots and 10 bldg./common)) common lots Phasing Plan(#ofphases) 2 phases Number of Residential Units 65 single-family units Density Gross 2.97 du/ac. Open Space (acres,total Approximately 3.18 acres of open space proposed [%]/buffer/qualified) (approximately 14.4%) Description Details Page Amenities Four(4) amenities are proposed—swimming pool, picnic area,pathway network, and dog waste stations. Neighborhood meeting date May 26, 2022 History(previous approvals) No application history with the City B. Community Metrics Description Details Page Ada County Highway District l • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via new local street connections to Pollard Lane,an (Arterial/Collectors/State existing street(partially private and public) at the southwest corner of the Hwy/Local)(Existing and property. Pollard Lane accesses SH 20/26 through a future public road access Proposed) southeast of the site(N. Rustic Oak Way). Access to all proposed homes is shown from new internal local streets. Stub No existing stub streets. Applicant is proposing two stub streets with this Street/Interconnectivity/Cross project; one to the east boundary and one to the southern boundary. Access Existing Road Network No, except Pollard Lane and Old School Lane,private streets. Capital Improvements Meridian North:Bikeway 5ignagelComrnunity Impa-ovement project is scheduled in the IFYWP Plan/Integrated Five Year to include establishing new bikeway corridors with wayfinding�bikeway signage,from N_Black Cat Road, crossing State Highway 2U2&Chinden Baulevard to N_ Long Lake Way Work Plan construction in 2026. Wack Cal Road is listed in the C-I P to be widened to 5-lanes from McMillen Road to Ghinden Boulevard between 20 anti 2040. The intersection of 61ack Cat Road and Chioden SouleverdAJ 20J26 �a listed in the CIP 10 be widened to&lanes on the north ieg, 5-lar►as on the south.7-lanes east,and 7-lanes on the west leg,and signaked between 2026 and 2030. The Intnrsectlon of Star Road and Chmden BoulevardiUS 20126 Is listed In the CIP to be widened to 5-lanes on the north leg, 5-lanes on the south, 7-lanes east, aM 5-lanes on the west leg,and signalized between 2031 and 2035. Fire Service • Distance to Fire 3.3 miles from Fire Station#5. Station • Fire Response Time The project currently lies outside of the Meridian Fire response time goal of 5 minutes. Future development of public roads may assist in reducing response times in this area. • Resource Reliability Fire Station#5 reliability is 85%(above the goal of 80%) • Accessibility Proposed project meets all required road widths and turnaround dimensions but requires a secondary emergency access to construct more than 30 homes. Water&Wastewater 0 Impacts/Concerns See Public Works Site Specific Conditions in Section VIII. C. Project Area Maps Future Land Use Map Aerial Map Legend OPPplect Lacalian Lour Density Identiol '- 5 1 Y- MIxed Use interchange :: L. �. rrirrur"'� i _ NiU•R O k- �+4edium Densi ; Residential ,. fit' #?' Civic Zoning Map Planned Development Map Legend 0 Legend Pro [L.orplian E]Pmiec Lgrr]'.x_n RUT lily Limits Rr RUT I — Nannea Paraeh C-C '- rt + R-15' o Ml C- CC +'�� - Fi l it-1 �- �- r- T R UT .� RIF R 8 R-8 R-4 a - R-4 - k R- R 8 R-15 ��...:I .. III. APPLICANT INFORMATION A. Applicant: Dave Yorgason,Tall Timber Consulting 14254 W. Battenberg Drive,Boise,ID 83713 B. Property Owner: Kyle Enzler,Ryenn Holdings,LLC-2610 E. Jasmine Lane,Meridian, ID 83646 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 10/19/2022 11/20/2022 Radius notification mailed to properties within 500 feet 10/13/2022 11/17/2022 Site Posting 10/23/2022 11/28/2022 Nextdoor posting 10/13/2022 11/18/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(ht(ps:llwww.meridiancity.orglcompplan) Low Density Residential(LDR)—This designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails,and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. The subject 22 acres is located at the northern edge of the Meridian area of city impact(AOCI) and includes four(4) county parcels containing three (3) rural county homes. The largest home located at the northeast corner of the project is proposed to remain while the other two homes are shown to be removed upon development of the site. The subject site abuts SH 16 on its west boundary and the Phyllis Canal along the entire north boundary which limits any connectivity to the north or west. To the east, two county residential parcels exist and will remain with their new access being to the south through an approved development(Pollard Subdivision). South of the subject development is the aforementioned Pollard Subdivision that is zoned R-8 directly abutting the site and C-G south of that; this development was approved as a mixed-use development consisting of residential and flex spacelcommercial uses. The subject property is designated as Low Density Residential on the future land use map consistent with surrounding large lot development to the north and east and is a transition from the mixed-use designations along Chinden/SH2O126 to the south. The Applicant is proposing 65 building lots on approximately 21.7 acres of land which constitutes a gross density of 2.97 units per acre, near the maximum density allowed within the LDR designation. The Applicant is proposing two zoning districts within the development to better transition from the R-8 zoning to the south—R-8 zoning is proposed along only the building lots abutting the south boundary with the remaining area proposed with the R-4 zoning district. The minimum building lot size proposed is approximately 5,500 square feet which exceeds the 4,000 square foot minimum lot size for the R-8 zoning district along the south boundary. Within the R-4 area, the minimum building lot size is approximately 8,000 square feet, at the minimum lot size for the zoning district(there are a number of lots along the perimeter of the project that exceed the minimum lot size requirement). To further help transition from the development to the south, the Applicant is proposing a 30 foot wide buffer with a walkingpath along the entire south boundary; Stafffinds this buffer and the proposed zoning designations to be an adequate transition from south to north. The adjacent county parcel to the east is approximately 4.6 acres in size with the home located on the east third of the property, approximately 230 feet from the east property line of this project. In addition, the submitted plat depicts a total of four(4) building lots and a stub street along the east boundary. One of these lots is a large estate lot while the other three comply with the minimum lot sizes of the requested zones. Because of the proposed design and the location of the existing county home, stafffinds the proposed site design offers adequate transition to the east. The Phyllis Canal and SH 16 are located wholly outside of the subject project boundary so no direct transition is required as these features are delineations themselves. However, due to the anticipated noise from SH 16, some form of transition and/or buffering should occur along the west boundary.According to the submitted plans, 6 building lots are proposed adjacent to the shared west property boundary with the one remaining home located at the very northeast corner of the site. Code requires a minimum 35'landscape buffer from this project to SH 16 which is shown on the submitted plans. Therefore, the rear lot lines of the proposed homes are no closer than 130 feet to the edge of the pavement for SH 16 and future homes should be even further from the highway after setbacks and building placement are included. Staff finds proposing less lots along this boundary should minimize the number of homes most affected by any noxious effects from the highway. The proposed development is located at the north edge of the City's AOCI with an approved but undeveloped project to its south as its path to annexation and public street access.Access to the site is a main point of discussion and analysis with this project and timing of development is integral to its success because there are currently no public streets constructed to the subject development from existing public roads. There is existing right-of-way(ROW)from the subject site to Chinden but no physical road within the ROW. This will persist until Brighton constructs Waverton east-west through their site and connects to Pollard Lane at the west boundary.According to the Applicant,Alden Ridge will connect to Pollard Lane with Brighton's first phase of development for its required public street access but full construction (curb,gutter, and sidewalk) of the Brighton owned segment of Pollard will not occur until phase 2,phase I of Pollard Subdivision has received final plat approval and does not include the noted segment of Pollard Lane(see blue box below): irno d1wslon —r-,. --r + i IJ I a� { y - - Rip- The - --- —#• I r.wra roads outlined in black in the exhibit above are part of Pollard phase I and have received final plat approval whereas the roads outlined in red would be part of phase 2 and have not received final plat approval.ACHD has stated within their report that they will not approve any final plat for Alden Ridge until a public road(Waverton Drive) is constructed to the project for access(see Exhibit VIII.H). Therefore, this development is contingent upon the construction of the adjacent project to the south. Commission and Council should determine if development of this project constitutes orderly growth and satisfies the Comprehensive Plan and City code despite being contingent upon another development for access and sewer infrastructure. Staff recommends a DA provision around the timing of development consistent with ACHD and UDC 11-3A-3 for access to the project. Further analysis is below in subsequent sections. The City may require a development agreement(DA)in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section HII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancitE.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D). Staff finds the proposed design to develop this site with two large estate lots, a majority R-4 development, and a transitional row ofR-8 lots promotes a diverse set of housing options that should meet the needs,preferences and financial capabilities offuture residents. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01G).All public utilities are not currently available for the project site due to its location being at the north rim of the City's AOCT Specifically,Alden Ridge is dependent upon Pollard Subdivision to the south for sewer and public road access. There are anticipated and approved improvements in this area that will provide City sewer to the property with Brighton constructing a lift station with phase I of Pollard Subdivision; water will be provided to the project from Veolia (Suez) Water and not the City of Meridian. In conjunction with the timing of utility development,ACHD has noted they will not approve a final plat for this project without a public road being constructed to the subject site. This future connection should occur with phase I of the Pollard Subdivision to the south where an existing segment of Pollard Lane resides within public ROW and will connect to the new east- west road, W. Waverton Drive. Staff has concerns regarding the construction timeline for the required public road access to Alden Ridge. Staff finds the existing development does not provide for appropriate levels of service for this project but the planned development of the immediate area should create appropriate conditions for levels of service to and for this proposed project. Staff has included provisions regarding the timing of this development with the noted and anticipated hurdles. "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."(2.02.01A). The proposed project will construct sidewalks within the entire development and extend public roads to adjacent underdeveloped county parcels for future connectivity. There are no nearby schools but the submitted plans show adequate pedestrian access to the proposed open space and amenities within Alden Ridge. Future public road connectivity will also allow for easy and safe pedestrian and vehicular access to commercial development planned along Chinden Boulevard, SH 20126 to the south. Staff anticipates both customer and employment opportunities to be nearby the subject development. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to construct new local streets within this development that stub to underdeveloped properties to the east and provide connectivity through the mixed-use project to the south, Pollard Subdivision. However, as discussed, the timing to establish these street connections is not entirely clear due to the project to the south not currently being complete and no existing public road connection to Chinden exists. The Applicant is coordinating with the adjacent developer to the south but the fact remains Alden Ridge development is directly tied to the development of Pollard Subdivision to the south for public road access. For this reason, Staff supports the internal circulation and the proposed stub street locations but has concerns regarding the overall connectivity to nearby roadways and their timing of construction. Staff finds this development to be generally consistent with the Comprehensive Plan but notes the important access deficiencies that exist at this time. C. Existing Structures/Site Improvements: According to GIS imagery,there are three(3) existing homes and several outbuildings within the project boundary. Staff understands the home located in the northwest corner of the site, located on the proposed Lot 13, Block 1, is to remain while the other two homes and outbuildings will be removed. In addition,there is a private street(W. Old School Lane)that exists along the entire southern boundary and provides access to the two county parcels to the east, 6854 and 5500 W. Old School Lane. According to City GIS imagery, it does not appear that this private lane is within the subject project boundary but has confirmed with the Applicant that it is in fact within the property lines. Further analysis on this is below in the Access section. Located at the southwest corner of the property,there is currently a cul-de-sac for Pollard Lane that was utilized when it was a private street; this cul-de-sac now has public right-of-way over it as it is intended to provide public street access to this development. However,the cul-de-sac and a large area of the existing right-of-way is not needed anymore as the design of this project has shifted to the east to accommodate a future Veolia(Suez)Water well site(Lot 5,Block 1)where the cul-de-sac is currently located. The remaining area of the right-of-way that is no longer needed will be vacated at a later date with ACHD; the Applicant should provide the City proof that the right-of-way has been vacated with the submittal of the first final plat application. D. Proposed Use Analysis: The proposed use is detached single-family residential with a minimum lot size of approximately 5,500 square feet and an average lot size of approximately 6,000 square feet,based on the submitted plat(Exhibit VII.B). This use is a permitted use in the requested R-4 and R-8 zoning districts per UDC Table 11-2A-2. The Applicant has noted the development is expected to develop in two phases with a majority of the development occurring within phase 1 (48 lots in phase 1 and 17 in phase 2). Staff supports the proposed phasing plan because it includes a majority of the open space,pedestrian and vehicular connectivity, and both zoning designations. No common driveways or alleys are proposed within this development. E. Dimensional Standards(UDC 11-2): The residential lots are shown to meet all UDC dimensional standards per the submitted plat. All lots are shown to meet the minimum lot size and minimum street frontage requirements for each zone. In fact,nearly all of the lots within the subdivision are proposed to be larger than the minimum lot size and with at least 10 more feet of frontage than code requires for each zone. For example,the R-8 lots are shown with at least 50 feet of frontage (40 feet is required) and the R-4 lots are shown with at least 70 feet of frontage, except one lot that is proposed with 65 feet of frontage (60 feet is required). In addition,the subject development appears to comply with all Subdivision Design and Improvement Standards outlined in UDC 11-6C-3. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval,therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural design variations of both farmhouse and modern style homes. The homes are depicted with varying roofproftles, building materials, and window designs.All of the images depict some form of side-loaded garages which allows the streetscape to include more building fagade instead of being garage dominated. Overall, Stafffinds the submitted elevations to show high quality and attractive detached single- family homes. However, there is concern the submitted conceptual elevations depict homes that will not fit on the R-8 lots so Staff is requesting additional elevations that are confirmed to fit on the proposed R-8 lots. G. Access(UDC 11-3A-3, I1-3H-4): As discussed within the Comprehensive Plan section above, access to the subject site is concern of Staff due to the required timing component and the fact the subject development is wholly dependent upon development of Pollard Subdivision to the south. Existing ROW exists from Chinden to the southwest corner of Alden Ridge via a small segment of Pollard Lane(a previous private lane)but most of this ROW does not include any road at this time. Pollard Subdivision No. 1 is approved and will include the extension of W.Waverton Drive from the east within Fairbourne Subdivision. The below image depicts the ROW(shown in pink)versus the actual location of the existing roadways (gray asphalt)with the overlay of the planned improvements (burgundy lines): I � . FOX i Once Waverton is constructed with Pollard Subdivision No. 1,ACHD will approve the phase 1 final plat for this development, according to their staff report. Beyond the noted access from off-site, access for the development is proposed via a new local street(shown as W. Scoria Court)connection to Pollard Lane at the southwest corner of the property. All building lot access is proposed to internal local streets shown as 33 feet wide within 47 feet of ROW, consistent with ACHD standards. Further,two stub streets are proposed; one to the east property line and one to the south property line. The stub street along the south property line is planned to be extended by Pollard No. 2 in the future but will be constructed as a temporary secondary emergency access from Waverton to the new local street with phase 1 of the subject development. This secondary access is required by the Meridian Fire Department in order to construct more than 30 homes. The stub street to the east property line will be extended in the future should the adjacent underdeveloped county parcels ever redevelop. In addition to access for the properties within the subject application,W. Old School Lane is also the access to the two county properties east of the subject site. The Applicant has shown an alternative access for these properties by maintaining a portion of Old School Lane along the south boundary that connects to the proposed stub street to the south boundary; this access is proposed to remain until such time that phase 2 of Pollard Subdivision develops to the south and constructs a public road to the east terminus of Old School Lane as their permanent access, as approved with the Pollard Lane Subdivision preliminary plat. All of these improvements are noted within the access exhibit in Exhibit VII.D below. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. Note that there is opportunity for on-street parking where there are no driveways because the internal streets are proposed as a 33-foot wide street sections. Further, due to the relatively low density and wide building lots,there should not be number of driveways placed close together that limit on-street parking typically seen within higher density developments. I. Sidewalks(UDC 11-3A-17): A combination of 5-foot wide attached and detached sidewalks are proposed along the internal local streets consistent with UDC and ACHD requirements.No multi-use regional pathways are required or proposed within the development as the Phyllis canal along the north property line is not located within the project boundary. The Applicant is also proposing micro-paths throughout the site for access to the proposed open spaces and Staff specifically notes their inclusion within linear open space along the south boundary as well as within between the row of homes in Block 2 that runs north-south and adds a pedestrian loop between two local streets. The proposed sidewalks and micro-paths comply with UDC standards;therefore, Staff is supportive of the proposed pedestrian network of Alden Ridge Subdivision. J. Landscaping(UDC 11-3B): There are no collector or arterial streets adjacent to the subject development so no street buffers are required that are typical in most subdivisions. However, a portion of the west project boundary abuts ITD right-of-way for SH 16 and requires a 35-foot landscape buffer per UDC 11- 2A-5 for the R-4 zoning district as it is depicted as an entryway corridor(no portion of the R-8 lots abut this right-of-way). The required buffer should be landscaped per the standards in UDC Table 11-3B-7C and UDC 11-3H-4 because it is adjacent to a state highway. In addition,all landscape areas should be landscaped per UDC 11-3B-5,the general landscaping standards. Lastly, according to the submitted plans,the Applicant is proposing micro-paths which should be landscaped in accord with UDC 11-3B-12 standards. The Applicant is showing a common lot along the west boundary that is 20 feet in width and does not comply with the required width of 35 feet. Due to the existing location of the home and mature trees, a required easement by the water company along the rear of the building lots, and the relative limited number of homes along the highway (6 building lots), the Applicant has requested Alternative Compliance (ALT) to the location of the buffer and its required width on the subject property—the Applicant is not requesting to reduce the actual buffer width but to shift it over the west property line so that 20 feet is on the subject property and 20 feet is within the ITD right-of-way.According to the submitted narrative, the Applicant states that ITD has approved the inclusion of landscaping within their ROW as they have excess area that will not be used for future road widening. In addition, ITD has included additional requirements surrounding the approval of the proposed buffer location;for example, the requirement for ITD to be able to access any SH 16 landscape areas from within the subdivision and not along the highway for safer access. Staff is supportive of this request because the actual buffer width proposed is 5 feet larger than the minimum requirement, it will allow for existing mature vegetation to remain, and allow for a wider berm and more dense landscaping to be placed along this frontage offering more noise and fume mitigation than if the buffer was solely on the subject property. Specific ALT findings can be found in the findings section of this staff report, see Section IX. As discussed above, the required 35 foot landscape buffer is due to the SH 16 frontage being an entryway corridor. Per UDC 11-3B-7C.31 entry way corridors require additional landscape design than typical landscaping. For example, additional vegetative ground cover beyond that of grasses and additional landscape features are required to meet UDC standards. Landscape features may include berms at a three-foot minimum height, decorative landscape walls, decorative open vision fencing, or a dry creek design with river rock, boulders, etc. are acceptable to meet this standard. The Applicant is proposing trees in excess of code with the combination of a berm and wall but there is no exhibit depicting the style of the wall and no other elevated landscape features are proposed. In order to comply with the entryway corridor standards, the Applicant should add additional features as outlined above; Staff has included a condition of approval to comply with this standard. As discussed, the Applicant has proposed linear open space and micro paths around and through the development. These areas should be landscaped in accord with UDC 11-3B-12 with trees at least every 100 linear feet and include other vegetative ground cover.According to the submitted landscape plans, the Applicant is proposing trees in excess of code requirements with sod throughout; additional vegetative ground cover is required in accord with UDC 11-3B-12. The Applicant should revise the landscape plans to depict the required revisions with the relevant final plat applications. The Applicant is also proposing a relatively short segment ofparkways near the north end of the site in front of Lots 14-22, Block 1.According to the submitted landscape plans, the proposed parkway includes one tree per lot and is 8 feet wide, consistent with UDC requirements. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted landscape plans, the Applicant is proposing two types offencing throughout the site, vinyl privacy fencing and vinyl semi privacy fencing, in addition to proposing a masonry wall at the top of the berm along the west boundary adjacent to SH 16. Staff finds the locations of all of the proposed fencing to comply with UDC requirements. However, the type of semi private vinyl fencing shown within the submitted landscape plans do not comply with the exhibits depicted with the UDC that requires the solid portion to be no more than 4 feet in height and the top 2 feet must be at least 80%open-vision. The Applicant is required to revise this type of fencing shown on the submitted plans with future final plat applications. In addition, the Applicant is proposing a berm/wall combination along the SH 16 frontage at the northwest property boundary and notes the wall to be approximately 4 feet in height with a 4-foot to 5-foot tall berm; therefore, the combined height of the berm/wall is approximately 8-9 feet in height. UDC 11-3H-4, development along state highways, is applicable in this area of the project because of the frontage with SH 16. Code requires the berm/wall combination to be a minimum of 10 feet above the centerline of the highway. Therefore, the applicant should revise the height of the proposed berm and wall to comply with the UDC. L. Open Space and Amenities(UDC 11-3G): The proposed project is approximately 21.7 acres in size requiring a minimum amount of open space based on the requested zoning. Per UDC Table 11-3G-3,the R-4 area requires a minimum of 12%qualified open space and the R-8 are requires a minimum of 15%open space. Because both zones are located within the same project,it is anticipated all of the open space is to be shared and the total open space required is based on the calculations of combining the minimum required. Per the calculations,the minimum amount of qualified open space required is 2.77 acres, approximately 120,661 square feet. According to the submitted plans,the Applicant is proposing 4.1 acres of common open space with 3.18 acres of this area as qualified open space, exceeding the minimum amount required. The proposed 3.18 acres equates to approximately 14.4%qualified open space for the overall project. There are three main open space areas proposed within Alden Ridge, the centralized common open space area, the linear open space along the southern boundary, and the linear open space in the west half of the site with Block 2. The large central open space area is approximately 52,000 square feet in size and is the largest common area within the project. The Applicant has proposed multiple micro paths throughout this open space for easy pedestrian access. The linear open space along the southern boundary is approximately 30 feet in width and over 1,000 feet in length. This linear open space is shown with trees and a micro path for an added pedestrian element and will also act as a buffer between this project and the project to the south, Pollard Subdivision, that is approved with higher density housing than what is being requested with Alden Ridge. The other areas noted as qualified open space include half of the buffer area to SH 16 and a portion of the future well site lot at the southwest corner of the project that is at least 5,000 square feet in size. Both of these areas are allowed to count towards the qualified open space per the UDC. Because of the pedestrian connectivity and the general locations and uses of the open space, staff supports the proposed qualified open space. UDC 11-3G-4 dictates the minimum amenity points required for projects over 5 acres in size. The project size of 21.7 acres requires a minimum of four(4) amenity points (1 point for every 5 acres). According to the submitted plans and narrative,the Applicant is proposing the following amenities worth 9 amenity points: a picnic area(2),pathways(2),two dog waste stations (1), and a swimming pool(4). According to UDC Table 11-3G-4,the proposed amenities and their point value is correct and exceed UDC requirements for a project of this size. Consistent with the overall design of the open space, the Applicant has proposed to place the swimming pool with changing facilities and a picnic area near each other and within the large centralized open space lot, Lot 13, Block 3. The two dog waste stations are located in separate areas of the site for ease of access to both the east and west half of the project. Lastly, the proposed micro paths are located throughout the development and add multiple pedestrian connections through the project that are not located adjacent to the street. Based on the proposed site design and zoning, Staff supports the proposed amenities. M. Utilities (UDC 11-3A-21): The Applicant is proposing and is required to extend sanitary sewer services to adjacent parcels to the east for future connectivity.No other connectivity options are available due to the Phyllis Canal located along the entire north property line and a segment of SH 16 along a portion of the west boundary. Water service for this project will be provided by Veolia(Suez)Water and not the City of Meridian. Public Works has reviewed the subject plans for compliance with their standards and finds them to be in general compliance except for specific conditions outlined in Section VIII.B of this report. As discussed throughout this report, sewer service for this development is not yet available and must be provided to this site via construction of the adjacent development to the south, Pollard Subdivision. Further, a lift station is also required to service this area for both Pollard Subdivision and this subject development,Alden Ridge. In short,the subject development is wholly contingent upon the construction and completion of the adjacent project to the south. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on November 3,2022. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Dave Yorgason, pplicant Representative; John Peterson,nei hg bor; b. In opposition:None c. Commenting: Dave Yorgason; John Peterson; d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor. 2. Ke. ids)of public testimony a. Support for project due to proposed densi , and general lot sizes; 3. Key issue(s)of discussion by Commission: a. Fencing questions regarding lots surrounding open space areas; b. Commission supported the proposed density and lot sizes because they saw the proposed project to provide adequate transition and would blend in well with the existing character of the neighborhood. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on 12/06/2022. At the public hearing,the Council voted to approve the subject AZ and PP request. 1. Summary of the City Council public hearing: a. In favor: Dave Yorgason and John Peterson b. In opposition:None C. Commenting: Noted above d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Joe Bongiorno 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Fire response times. b. Timing for the construction of the infrastructure(well lot, sewer lift station, and public street extension)to serve the proposed development. 4. City Council change(s)to Commission recommendation: a. None VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps: -ARAT Y 54RyErl�ts a Ytp�tll9 Y dti r y�� fob Nta,R7-�97 Annexation Itiaa A pm=l ofland lying in the Southwest Quarw of;xceliion 21,Tow.mfiip 4 NoWL Rimsc I west or the Boise Meridiiu and being more paiticularly dmxibcd as follows: Cn meaeing nt the found 2 inch aluminum cap monumeru in mphah at qu ner mmeee;arrrman to cctionS 21 and 28,T 4 N,i!I W Gam which the found 2 inch mlwminum cap monwrmm i:ri mphak at dK QumcT common to Sectiam 20,21,28 amd 29,T 4 N,R 1 W,beaas N 89°27- 17"W a distavor of 2644,49 feet;the rue N 8L°27' 17'W mlong they section lime for a distance of 1304.74 fiet to dw wcsi sixttserrth comer common to Sections 21 and 29;thence N OV 34'56"E alongthe sixtoonth linc for a dimance of 3.117.29 feci us a found SISU'irwh iron pin with a 2 inch aluminum cap gamped PIS 11463 at tfic 50Ldhwest sixtWnth corner of 5rction 21 and the 11 oM OF BEGINNING; '11mce N 89°27' 18"W for adishmr c af25.00 fee to the cer larline afN.1P*lh d Lie; Thence N 00'29' 13"t a]tmg said cmcrlinc tiu a disianr.e of 365.15 feel: Thence 1v 89'34'47"W along Wd aemcriint feu a disiame of 3333 leek Thence 5 83"33'30'W along said cmierline for ri disi shoe of 55_00 text' Thence S 85"48'43"►V along Raid mtcrlinc for a disum re of3625 feet to a found aluminum eag manr=mn cm the soulhamWrly right-of-way of StKz Higbway M Thence N 63�56'21"W for a dimocc sif j��, f�e to the oeatealn5e of State 1111 thway 1:6, Thmm along said oeltterline 770.94 Foot Won&acurwc to the right_said currc having a radius of 10,0U0.00 ftym,a aeriu-aL angle 1Df4"25'W and a kmg chrwd hearing N 2S"30' S5"E a distance of 770.65 fret; 'I'hcncc S 60'34'55"E for a distance of 158.30 feet to a FQkmd 4 inch brgSs cap manwnent on the srwthwxsteriy liar of the Phyllis Cbnal. Acncc WWVA �d line the following 8 causes and dinm=s= 1.) Wkmg a curve to the right 60.81 fiat,said mavo having a radius of 340.00 feet,a 0=fil l angle of HP 14'5277 and a long chord bearing S 74'09' 59"E a distance of 60.73 fleet to a found 5180 inch iron pin with a 2 Loch aluminum cap sumgwd PIA 11463; 2.1 S 670 00'00"E for a disume of244,90 feet to a found 51th irr h imn Pin with a 2 inch slumioum(,V mursped PL5 11463; I 152G W Wnrlingron St,Boise.10 03702-Phone.20& .004227 war gowrmmrY-evcTs qom ACCURATE 1WIFSIAI 1 YA 111 AA en IfLNa R-IW 3.) S67°W ME fm a dialmeeof4731 fmbstoWMN irch imp on vd6 a!fish dwnmummp!sold PLS ll4 ; <f 361°39'W^C(aamelm¢oft@.)Ofa9msfwu15A1LLNLonpm MO apleAicup W PLS fl16 5.) S53°06'2TE Madue oflWA3W W a SBW w[huwpla wild a plu ,c mhh,IPLS5310� 6.) S53°52'W E Wa tlielm¢af lN.l]fuS b a a plas&c b PL35)1P 7.) S66°52'W'EfmadiaWao(IH95 hd 1oafcuM SAU�irchimn Pp wilha Plmticup Ie6ded PLS531P S) SPM00'30^Efaaetlielan¢of 113d3 ktlmalwmd 5/SmirthumpnahM1aplee',mcmp Iaheletl PL35)16 Tham3 W°II'S0"W fwaNaMceof55)OB 4dmafnwl SRUwchuonpnwhhaplmticcep IYMN PL35I14 l NRV27' IB"W tlmglM1n tixbmN lire 1peadiflmmalll W.95 hUblhe PoOff OP Ei:GINMNG. Said Iwl emlaiw RO.W2 acm,mart m less. 114ry 63 8 � sOF �114 x M a.Ue so w.waa"m a mm.to Sam°map.a ;227 waw.awmaiw o m EXHIBIT MAP I a m S o Lm ff . rrr sr ri"ff .mnw n. ..« ..r., ar. r\}Ir ��r� courn or MA—WAn ar IDu PIZ r _ rw Trvxwr r S r `�.omiran` / n ruaurm eaxr S� 3 �r . I .ter I s xae rwrnxurrc + xon.srr rn>s e � 11463 $ 4NE TA&.E •• �'^ —_sxsr .�_____. ,ryb >)tm • wM : f>rr� 6wM �w >IKS OVRLE T s\.Y�V1`ra' wx ux � ACCURATE _w F � SO AVE TIND E MAP0IN& �r r Job 1+t4.22-1W Zoning R4 Diaserip m A pwixl of land lying in the Southwest Quarter of Sectimi 21.Township 4 North,Mange 1 West of the Boist Mcriadibn and Ning nwM pw iCwlady gilled as follo'vws: Commencing at the foiurd 2 inch aluminum cap monamerd is asphalt at quar#cr corner oommon to Sections 21 and 28,T 4 N.R 1 W from wbkh the hound 2 hwh idurninum cap monument in asphalt at the corner common to 5crrtians 20,21,28 and 291 T 4 N.R I W,bears N 89'27' 17"W a distance of 2609M leer thcncc N 8W 27' 17—W along the section line for a distance of 1304.74 fmt to-the west sixteertth comer common to Sections 21 and 28;thmcc N 04"34`56"E along the sixteenth line tear a distance of 1317.29 feet to a hound 5ig:&inch iron pin with a 2 inch aluminum cap stamped PLS I 1 W at thu-, 1oui t watt sixteenth corner of Smit)n 21;thettec aN 9911 27' 1 R"W for u diAAM&of 25,00 fret to the ccntcrl irw(AN. PalhLrd Lune-.Nlenep N 00'24' 13"E aiwg said ocnlcrlinc for a distan, of 163.00 port to the POINT TIFF BLUNNYING; Theme N 04"29' 13"L•along said centerline Filer a tlistanuc of 202.15 feet; Thence N 89°30' 47"W along said centerline For a distance of33-33 feast `1 hemyz S R3�31' 30"W along Said eentorlit►e fix a diSt car of 55,00(ret; Theme S 85"W 43"W Wong amid centerline for a distance aF36,25 Feet to a Found aluminum cap mnntuncnl ott the ycauthCfi;;Itrdy right-0f-w9y 9)(StOtr Highwsq 16; Thence N 68'56' 21"W for a distance of 155.65 fiaet to the centerline of State Highway 16, Thence along said centerLine 770_84 feet along a curve to the right+said curve having a radius of 10,Ot]Q_00 feet,a central angle of 4°2V 00"and a long chard bearing N 290 10' 55°'E a distance of 770.65 ti et; Thence 5 60'34' 55"E far u distancc of 158,30 fret to a found 4 inch brass carp monlimont on the southwesterly line of tk Phyllis Canal; Thence along acid line the Fallowing 8 courses and distances: I) siong a curve to the right 60.81 Feet,said curve having a radius of 3 -00 feet*u central angle of 10° 14'527 and along cliwrxl beari%5 740 09' 59"N a dis'tEuwu ref 60,73 fact w a lirurtd 51$'k joc;b imn pin with a inch alurninurn cup stamped PLS 11463; 2) S 67"00' W F,t4r a dista o of 244.90 feel[n a foutrd Ath inch i ton pin with a 2 inch alumimmi cap stamped PLS l 1463; i 1:52p W.WarihinW-fin St., Boiw.t❑83702•Phone: 2{M-43R-4227 www avcuratesurve)+ Corn) .. MATE 5URVEYIN0 [ MAPPIN0 YLC Job No.22-1B7 3,) S 67'00'46"E For a disfta=of47.31 feet to a found 51ft inch iron pin with a 2 inch aluminwn cap starn PLS 11463; 4,) S 61° 19'06"E for a distance of202,70 feel to a found 5eMh inch i"pin%%ith a plaskia cap labeled PLS 5710; 5) S 53106'27"E for a dismnoe of 109,48 ket to a fowW 5181h inch imn pin with a plastic cap labeled PLS 5710; &) S 52'52'46"E for a distance cif 107,17 feet to a found 518th iR6 iron mitt%ith a plwft cap lahc1cd PLS 5710; 7.) S 66'52'W E for a distance of 184_9s teet to a loand 518th inrtb iron pil+pith a phstic cap labeled PLS 5710: 8,} S 70'40'30"E for a distance of 112,43 Feet to a Found 5}8th inch iron pin with a plastic cap labeled PLS 5710: Thence 5 W 3 1'59'W for a d4tancc of 394,08 port; Thence N HIP 27' 18"W for a dinpace of 1190.07 feet to the POINT OF BEGINNING. Said pared ecmmim 20,349 acres,cure or less, 11463 '1' -2 CFO KO� 1520 W_Wmh ftton Si. ,10 83742• I1hone'208-4M-4227 v�'w.�Cw�6esun+�s+ars.4om EXHIBIT MAP a s LAC; , na 14 v �,,,.. srV of rr. r.«. zra. ea COIMTY 6 AOA—STAR: W MMO S Ian 0 .mr` m`r1°� t fmv W _ � I I "k � • ��Na"` r sm wnr Orr M1y}�im� ' Pau Qavrw =ww r�wrs W 114639 Im LINE TA9E >. m'O' srW w T UM ..:v. u . ®s.W ' sstACNRAh f]M1£ TA(4£c mr WM .ACCURATE. ,-- 0 mwG.x lm yw1e6R9 neuriPmn A pmecl IflvN lyingm the Sowhwul Gluneraf SeNon 21,fon ,p4 Nmd.Rmge l Wertof the Bois Ma'vo end hwg m,m pmdvW my dmml,d i ,I of l,m Gomma 21 ,dedm 4N.2 I W ehwiniIm espm,IM 2 , uphvllYqup wrnewmmmb ftwm31, d ,w4N.RIWfivm Wdch Nefount3l iluminumupmwumwlinuphehv the wmeewmmanw Ssdos 30. W ,,f;W 2Y.T 4 N.R 1 W,bze N If130IT W nliAott A 36teenth co mmmml33' 13"W 1 "U<axtlanf ' ad isYmiwof130434fM 1h lle wnR sixteenth tIf 13nmmmon O 9euuxt A l and fl:NmeeN W2 im S6"E rnm Ne aklsmL Ime fora dL muoflll]29(M ,,,a flf 21 flat th, iM iFBEGminum Gupflumped PLS 1146I& the wulhwulvinhmih Gwarof5eeli®RI stl NCPoN"!OF BECP'NP'Gi lhrv'e N W27' Ir W If,,dvlms oft Mfin b demnedine afN. Pollmd 1baa N M'N' 13-E ukng adam¢dme(m u A of 163,00 fN: llmm S 99°3T 11-E fix a dlPs[e of I I W.03 fM: lhwe S M'31'S W If,atievee of 163.W Ree m a fnwtl Sal inch lmo pmwilh a up GfM PL55710; Th Ng9"2T ICWilw66evx®d Iioa faeudimm'.e of 116495 htl b We MM OF BEGLYNMG. Seid pmelwWuwu 4.453 e,va.m mua Im. 11463 40v� p: g �01 "�. x ♦a 1ss0 w.us.uGznn St.BGw,to mm-phmn.Wueun3 EXHIBIT MAP / t Maus - Me r r(M ry AT'4 MI I SW I/r WC ]I. IeR Bx \r„ wulnT a ABA—STALE a lou/o �e FFINE oFFABovemBI xlAwr oAAA d wW uMMr.x I AS 0 / rerr re rrw./t a e camMlmwxr„�xK AL . . . roWroerwww J f xNWN rx r vwvFAA ll� — IJI �61Y BARI SUM x1rY rp/Je H rRW TR �t �rrYl10� LBiE TABLE JJ• ACC1JR I E 402 NW, 1sunmseunu t XW" 1B W G bNMI 15W]Ib W A 161.t0 YMRMM.{)DII JI B. Preliminary Plat(dated: 7/18/}2022) f bq, 14 lirr F t I 11c' If ffr K r 7 ti7 '4' fA' y7 �d 57 �C' So xf I :7 !fi Y' I "Y i 60' 7 Y� C l� -ql ��•g3 xa µlll' M5 5 n �I PdL[ARo j;LrAbiVLtJ K 5 {N07A PARJJ °m I 's a_ p_ 1T7 Uzi 9E 5 N Q F ; kkF 1! ' 1 S 1 III°°°kkk"' a}G4 t I I * I -D i L■ I � 1 PRgLWFWV PLAT C. Landscape Plans (date: 7/18/2022) hr, F K t� E �T L1 i }' • SHEET L1.2 • / f , }J x � f F/ iF _ ■ a A i r as ...a. i ..a. �a�a sa �aa • s saaa� a�aaa�aa� Y } `,` I t ! - �Q DOLL - --- a iri I 1 ti J SHEET L1,3 SHEET L1.4 � i YYI YYI�YYI YYI a YYI YYI�YY!YYI YYI YYI YYI YYI Ya YYI YYI YYI YYI YYI YYI�YYI YYI YYI�YYI YYI YYF YYI YYI f�YYI YYI Y<YYI YYI YYI YYI YYI YYI�YYI YYI YYI YYI YYI Yi YYI YYI YYI YYI Ya ? OVERALL {11NQ4GAPE OPEN 5PAGE PLAN LANDSCAPE SET SHEET INDEX DISCLAIMER' OPEN SPACE LEGEND SEE SHEETS L1.1-0.4 FOR DETAILED LALNDSCAPE PLANS. :`":.M:. ;'a;" ";•-"•""•�5'�,"", atrz gHtt7 LZU FOR LaNMCAPe MPALS - � —- •�•���••�' ® uu�„ gmwcR SEESMEETU'FQRHO7f5 AND SPEC09CATIONS "°`__ rxt�rxoe..arc+worer,�+wr•�+4,YF5 $E�$HEFT L3 d FOffi TREE MITIGATION PLAN D. Alden Ridge Access Exhibit: t " � J _ rya P C�T1�C�}+ �C7T}3 ■ � c - r - BuildingE. Conceptual 114. t 01 } _ 4 c i 54 � � � � � +r i ■■ 1� a f t • *t'4 Lid- 7 mom mommi momm, „ " VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption, and the developer. A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, access exhibit, and conceptual building elevations included in Section VII and the provisions contained herein. b. Any existing structures shall be removed upon project development, except for those specifically noted within the preliminary plat to remain. c. The existing home shown to remain on Lot 13,Block 1 shall connect to City sewer services with the first phase of development. d. Due to access and sewer availability,phase 1 development shall not commence until a public road access is available to the site and the required sanitary sewer lift station is constructed by the adjacent development to the south(Pollard Subdivision). e. The Applicant shall relinquish their rights to access W. Old School Lane and provide the Planning Division with written proof of this relinquishment with phase 1 development and maintain access for 6854 N. Pollard Lane& 5500 N. Pollard Lane as depicted on the access exhibit(Exhibit VII.E)until such time their permanent access through Pollard Subdivision is constructed. f. The rear and/or sides of homes visible from SH 16 (Lots 8-12,Block 1) shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Preliminary Plat Conditions: 2. The preliminary plat included in Section VII.B, dated July 18, 2022, shall be revised as follows prior to submitting for Final Plat approval: a. With the first final plat submittal,provide the City written proof that the right-of-way for Pollard Lane has been vacated with ACHD (Lots 5 &6,Block 1). b. Existing home will get a new address upon development of the first phase of this project consistent with the development of the new local street access. 3. The landscape plan included in Section VII.C, dated July 18,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Depict additional vegetative ground cover in all linear open space consistent with UDC 11-3B-12. b. Revise the design of the semi-private open vision fencing proposed to be consistent with Figure 1 in UDC 11-3A-7. c. Per UDC 11-3H-4,revise the height of the berm/wall combination to be at least 10 feet above the centerline of SH 16 and depict this height within the exhibit on the Landscape Plans. 4. Prior to the Commission hearing,the Applicant shall verify the location of the irrigation ditch along the south boundary to determine if it is on the subject property; if said ditch is proven to be on the subject property,the Applicant should revise any relevant plans to depict this ditch as being piped prior to the City Council hearing in accord with UDC 11-3A-6B. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. The Director has approved the Alternative Compliance Request to the landscape street buffer requirements(UDC 11-3B-7). 10. Applicant shall obtain Certificate of Zoning Compliance and Administrative Design Review for the pool changing facilities located on Lot 13,Block 3 prior to building permit submittal for this facility. 11. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 12. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 13. Prior to the City Council hearing, submit conceptual building elevations for the R-8 building lots. 14. The submitted R-4&R-8 zoning legal descriptions and exhibit maps are mislabeled as Rezone exhibits;prior to the City Council hearing,the applicant shall provide revised legal descriptions and exhibit maps noting these to be"Zoning"instead of"Rezone." B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Subject to the Oaks Lift Station and Pressure Sewer reimbursement agreement. 2. Area requires Pollard Lift Station and force main before area can be serviced. 3. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences,infiltration trenches, light poles, etc.)are built within the utility easement. 4. Ensure no sewer services pass through infiltration trenches. 5. Water serviced by Suez and not the City. 6. As noted in the Geotechnical Engineering Report prepared by Atlas Materials Testing& Inspection. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. This includes,the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. In addition,rain gutters should be placed around all sides of residences, and backfill around stem walls, should be placed and compacted in a controlled manner. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting(http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. C. FIRE DEPARTMENT https:llweblink.meridianciU.orglWebLinklDocView.aspx?id=273989&dbid=0&repo=MeridianC D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.orglWebLinklDocView.aspx?id=274704&dbid=0&repo=MeridianC hty E. MERIDIAN POLICE DEPARTMENT(MPD) https:llweblink.meridiancity.orglWebLinklDocView.aspx?id=274066&dbid=0&repo=MeridianC Lty F. SETTLER'S IRRIGATION DISTRICT https:llweblink.meridiancity.orglWebLinklDoc View.aspx?id=274280&dbid=0&repo=MeridianC Lty G. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridiancity.orglWebLinklDoc View.aspx?id=275949&dbid=0&repo=MeridianC Lty H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancioy.orb/WebLink/Doc View.aspx?id=278247&dbid=0&repo=MeridianC Lty I. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancioy.org/WebLink/Doc View.aspx?id=277898&dbid=0&repo=MeridianC Lty IX. FINDINGS A. Annexation and Zoning(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-4&R-8 zoning districts with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; The Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-4 &R-8 zoning districts and is consistent with the purpose statement of the requested zone. 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 annexation is in the best interest of the City, if all conditions of approval are met. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The 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 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. 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. Alternative Compliance findings(Landscape buffers along streets UDC 11-313-7): The Director has approved your request for alternative compliance to Unified Development Code (UDC) 11-313-7 for the subject property,based on the required Findings listed in UDC 11-513-5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds it is feasible to meet the UDC requirement for the location of the required street buffer but Staff finds it may not be the ideal location when all parameters are considered (location of the existing home and mature trees that are to remain, a required easement by the water company along the rear of the building lots, and the relative limited number of homes along the highway, 6 building lots). 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Per the analysis above in section V, the Director finds the proposed alternative will be equal or superior to the code requirement because the actual buffer width proposed is 5 feet larger than the minimum requirement, it will allow for existing mature vegetation to remain, and the proposed buffer location allows for a wider berm and more dense landscaping to be placed along this frontage offering more noise and fume mitigation than if the buffer was solely on the subject property. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds that the alternative means will not be materially detrimental to the public welfare or impair the intended use and/or character of surrounding residential properties if the proposed conditions of approval are maintained. W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Newkirk Neighborhood H-2022-0088) Between the City of Meridian and Lansing Farm, LLC (Owner) and Conger Group (Developer) for Property Located at 4250 W. Franklin Rd. ADA COUNTY RECORDER Trent Tripple 2023-051358 BOISE IDAHO Pgs=70 ANGIE STEELE 09/06/2023 12:15 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Lansing Farm,LLC, OWNER 3. Conger Group, DEVELOPER THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 5th day of September ,2023,by and between City of Meridian,a municipal corporation of the State of Idaho; hereafter called CITY, whose address is33 E. Broadway Avenue, Meridian, Idaho 83642, and Lansing Farm,LLC, whose address is 4824 W.Fairview Avenue, Boise, Idaho, 83706,hereinafter called OWNER,and Conger Group,whose address is 4824 W. Fairview Avenue, Boise,Idaho, 83706,hereinafter called 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 §'67-651 IA provides that cities may, by ordinance, require or;permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 14 WHEREAS, Owner/Developer submitted an application for annexation and zoning of approximately 22.667 acres of land with a request for the"TN-R (Traditional Neighborhood 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 DEVELOPMENT AGREEMENT—NEWKIRK NEIGHBORHOOD(11-2022-0088) PAGE 1 OF 10 City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 25'h day of April, 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: means and refers to Lansing Farm, LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, hereinafter called OWNER, the party that owns said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to Conger Group, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, hereinafter called DEVELOPER, DEVELOPMENT AGREEMENT-NEWKIRK NEIGHBORHOOD(H-2022-0088) PAGE 2 OF 10 t the party that is developing said Property and shall include any subsequent developer(s)of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A"describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan, qualified open space, qualified site amenities, and conceptual building elevations included in Section VIII and the provisions contained herein. b. The collector street(N. San Marco Way) shall be constructed in its entirety with the first phase of development and shall be designed consistent with Street Section C (major collector street) in the Ten Mile Interchange Specific Area Plan (see pgs. 3-20, 3-22 and 3-23), unless an alternative cross section is approved by ACHD. c. Public ail of a high quality of design shall be provided within the development and incorporated into the design of the streetscape or publicly accessible open space as set forth in the TMISAP (see pg. 3-47). d. A bicycle rack should be provided for each of the multi-family buildings and the clubhouse in accord with the standards listed in UDC 11-3C-5C. A minimum of 18 spaces are required. e. A minimum of 442 off-street parking spaces shall be provided for the multi-family development with a minimum of 221 of those spaces in a covered carport or garage as proposed, in accord with UDC Table 11-3C-6. f.A maximum of 216 multi-family units shall be constructed within this development. DEVELOPMENT AGREEMENT-NEWKIRK NEIGHBORHOOD(I•I-2022-0088) PAGE 3 OF 10 g.A Certificate of Zoning Compliance application shall be submitted for the multi-family portion of the development; compliance with the specific use standards listed in UDC I 1-4-3-27 is required. h.A Design Review application shall be submitted for all single-family attached,townhouse and multi-family structures within the development. Compliance with the design standards listed in the Architectural Standards Manual and any applicable guidelines in the Ten Mile Interchange Specific Area Plan (TMISAP) is required. The single-family attached and townhome structures are not required to incorporate porches along 30%of the front facades and front-loaded 2-car garages do not have to be 20 feet behind the primary fagade or designed with two (2) separate garage doors. i. Pedestrian-scale lighting should be provided on all building facades facing the street and internal walkways in accord with the TMISAP (pg. 3-34). j. The space between the building fagade and adjacent walkway should be appropriately Iandscaped with a combination of lawns, groundcover, shrubs and trees in accord with the TMISAP (pg. 3-37). k. Zimmerman Lane will not be dedicated as public right-of-way, except for the two stub locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in configurations required by ACHD prior to the City Engineer's signature on the first final plat. Before recordation of the annexation ordinance AND the City's acceptance of the modified AZ and Plat boundaries to remove Zimmerman Lane, the applicant shall record a property boundary adjustment between the Newkirk property and the three (3) selected adjacent County parcels immediately to the west to facilitate conveyance of the Zimmerman Lane property as proposed. Proof of such conveyance shall be provided to City staff prior to City Engineer's signature on the first final plat. 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 DEVEI.OPMFNT AGREEMENT-NEWKIRK NEIGHBORHOOD(I-I-2022-0088) PAGE 4 OF 10 l the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-651 IA, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. 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. T6 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. DEVELOPMENT AGREEMENT-NEWKIRK NEIGHBORHOOD(H-2022-0088) PAGE 5 OF 10 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed,and accepted by the City, or sufficient surety of performance is provided by Owner/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: Lansing Farm, LLC Conger Group 4824 W. Fairview Avenue 4824 W. Fairview Avenue Boise, Idaho 83706 Boise, Idaho 83706 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, DEVELOPMENT AGREEMENT-NEWKIRK NEIGHBORHOOD(11-2022-0088) PAGE 6 Or 10 I-a including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner 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. DEVELOPMENT AGREEMENT-NEWKIRK NEIGHBORHOOD(H-2022-0088) PAGE 7 OF 10 [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-NEWKIRK NEIGHBORHOOD(H-2022-0088) PAGE• 8 OF 10 € L� ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Lansing Farm, LLC Its: r c � STATE OF ss: County of Act Acta } On this 2-1 day of L4 S , 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared g ,known or identified to me to be the /4 CoAa-4-- of Lansing Farm,LLC and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. � AW L K611FY _�� COMMISSION#k22491 — — Nd�AWPUBLIC Notary Public STATE OF IDAHO My Commission Expires:_L4 rf 18 ZUZ(P MY COMMISSION EXPIRES 04/16/2026 OWNER: Conger Group l� 1Y: 1� --- Its: 3 STATE OF ss: County of "Cl } On this_a( dal of ,2023,before me,the undersigned, a Notary Public in and for said State, personally appeared 4443n UMj2,tA ,known or identified to me to be the a,Q of Conger Group and the person Ao signed abo and acknowledged to me that he executed the same. IN WITNEM���REOF, I have hereunto set my hand a► affixed my official s al the day and year in this certificate fi,,'' k1y�e ✓.'►bte*A��.,., Notary Public sob 4 S A C�_ My Commission Expires: ' O In. ..n.. 4► DEVELOPMENT�Q �IVI���� i+1'�VKIRK NEIGHBORHOOD(H-2022-0088) PAGE 9 OF 10 CITY OF MERIDIAN ATTEST: By: _ Mayor Robert E. Simison 9-5-2023 Chris Johnson, City Cleric 9-5-2023 STATE OF IDAHO } :ss County of Ada } On this 5th day of September ,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. (SEAT.) Notary Public for Idaho My Commission Expires: 3-28-2023 DEVELOPMENT AGREEMENT—NEWKIRK NEIGHBORHOOD(H-2022-0088) PAGE,10 OF 10 EXHIBIT A ............... . .. ....................... 5,jwtc.�oth Lan& 5urveyw6j, 1A.0 Newkirk Annexation Description BASIS OF BEARING is 14. 89"15'34"W., bf-Awecn a found alurninuin cap PIS 14221 inarkiog the S11/4 cornet of Section 10 end a found aluminum rap PLS 14221 marking [lie SW corner of Section 10, both in-I ownship 3 North, Bantle I West, Boise Meridian, City of Meridian, Ada County, 1daho. A parcel of land located in the E1/2 of the 5WI/4 of Section 10, T. 3 N., R, .1 W., 3+1., City of Meridian, Ada County, f4iiaho rnofe particu!2rly destfilee-d as Follows: COMMENCING at an aluminum cap marking the S 1/1 corner of sale, Section 10; Thence N, 89"15'34'' W., coincident with the south line of said SWIJI, a distance of /93,09 feet; Thence N. 0034j26" E,, coincident with the west right of way of N, Zinirneri-nan Lane and the extension thereof, 903.05 feet, to the approximate centerline of the Puldani Main and the POINT OF BEGINNING said point witnessed S. 0'34'26" W., 10.00 feet with a 5/8" rebar with cap PLS 11779; Thence. coincident with 53-i4f centerline the foliowing three(3) courses and distances; T-hence N. 60051514"W., 125,75 feet; Thence S. 59'04'26"W., 103-00 feel.; Thence., N. 59'29'07" W., 74.36 feet to the west line of the east halt of the SE 1/4 of the SW 1/4, said point witnessed N. 0'36'35" F., 69.53 feet with a 5/8" rebar with cap PIS 12464; Thence N. 01136'35" E., coincident with said west line, 611,/0 feet to the centerline of the railroad righi of way; Thence S. 88126'16" E., coincident with said cente,05ne, 1097.69 feet; Thence leaviog said centerline, S. 0'35'04"W., 216.64 feet to a 5/8" rebar with no cap, heieafler referred to as"Point A"on the southwesterly right of way of the Kennedy Lateral; -rhence,continuing, S. 0"35'04" W., 1250.38 feet to the app(oximato centerline of said Purdarn Drain, said point witnessed N, 0035'04" E., 12.00 feet with a 5/8" rebar will) cap PLS H 779; Thence N. 39115'40" W., coincident with said centerline, 891.69 feet to the POINT OF BEGINNING, LESS and EXCEPTING a parcel of land more particularly described as follows: l3fiGINNING at the aforementioned IloinL A"; ,P:t20,iti (:m-m,21381-NEWKIRK TOPO\Sutvt;y'iDri)wiiigs\Descril)tion.,,%121381 N&AIrk Annexation Description.ducA .... ...... ................ ll)e.nce N. 42057'39" W., coincident with the soutla,vE slrrly right of way of said Kennedy Lateral, 25.93 feet to a 5/8"rebar with cap Pt-S '11779; 1-hence, N. 56429'25" W,, coincident vvith said sotithwoste0y right of way, 133.89 feet to a 518" rebar with can PLS I 17 19; 1-hence N. 891122'31" W,, tainrident with said southvvesv,,rly right of way, 186.62 feet to a 5/It" rebar wilh cap PPS 11779; I hence N. 1112'41" E.., coincident with said southwesterly right of way, 31.04 feet to a 5/8"i-ebai with cap PLS 11779 on the southerly i allroad right of way; Thence S. 88026'46" E.,co;ncident with said southerly iallroad right of way, 232.69 feet to a 5/8" rebar with cap [ILS 117715 on the northeasterly right of way of said Kennedy Lateral; flience S. 58'32925"E., coincident wllh said noilheastenzy right of way, 100.62 feet to a 5/8"rebar with cap PLS It 779; 'I hence S. 01135'01"W., 66.38 fp.*�P.t to the POINT OF BEGINNING. Said parcel contains 22.667 acres more or less, , �: RQ02,M [MT1121381-NEWKIRK TQPC)1S,,ti-vLzyU)rciwingslUescfipLoqs't12131ii N(3wktrk Annexation d(-)t:x 2 .. . ....................... ....... ... .............----—---- Le I _ •I�"' ' "� C` if')r:�tjy5'E' 109/,fi9.. I N104 PACIFIC ![AII,[S(7hf) f4.a`x 1-4 ((� C7 C) ^-( 1 a l I � I { �vlq?�16, r { 3 73 rn fit• W !h•{f- I l_ I i i ma, 1 -h y 1320.3f' � °�� �• MAW v!. FR+1NKt1N Itoed] �j N b9"1534-W I640.54' 1� K RAMS OF OVARINIG �Ilt E EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW C�fEf�IL�IAN'�' AND DECISION & ORDER G ,,, �; In the Matter of the Request for Annexation and Zoning of 22.667 Acres of Land with a TN-R (Traditional Neighborhood Residential) Zoning District AND Preliminary Plat Consisting of 63 (44 Single-family Attached, 18 Townhome,and 1 Multi-family)Building Lots and 8 (5 Landscape, I Common Driveway, 1 Alley, and 1 Non-buildable) Common Lots on 20.44 Acres in the TN-R Zoning District for Newkirk Subdivision, by Conger Group. Case No(s). H-2022-0088 For the City Council Hearing Dates of: March 28,and April 11, 2023 (Findings on April 25,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 28,2023,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 28,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 28,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 28,2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I 1 Meridian City Code, and all current zoning maps thereof The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-5A. 4. Due consideration has been given to the comments) received fi•om the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NEWKIRK AZ PP H-2022-0088 1 - L� 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 28,2023,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 and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 28,2023,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 mill and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years, may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and fled by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 11- 613-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement.Decision on the development agreement modification is made by the city council in accord with this chapter.When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6) months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AN*DECISION&ORDER FOR NEWKIRK A7 PP H-2022-0088 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code§67-6521(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10,seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code§§67-6521(1)(d)and 67-8003,an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 28,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR NEWKIRK AZ PP H-2022-0088 -3- By action of the City Council at its regular meeting held on the 25 th day of____April 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) �y Mayor Robert E. ison 4-25-2423 A est: ,,,N:,.,y (9fM L L aFIDIAN .9FA1. Chris Jo on 4-25-2023` City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: jjQQ 'lQ Dated: _4-25-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF I,AW AND DECISION&ORDER FOR NEWKIRK AZ PP H-2022-0088 -a- STAFF REPORT C�WIE COMMUNITY DEVELOPMENT DEPARTMENT p q HEARING March 28,2023 legend DATE: Frolec#�nc:atf�n - . �. l TO: Mayor&City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 - ' = 'r � ---------- SUBJECT: Newkirk Neighborhood AZ,PP - H-2022-0088 -� LOCATION: 4250 W. Franklin Rd.,in the SW 1/4 of - - Je Section 10,T.3N.,R.1 W. (Parcel *, #S1210346801) J I. PROJECT DESCRIPTION Annexation of 23.67 22.667 acres of land with a TN-R(Traditional Neighborhood Residential)zoning district; and Preliminary Plat consisting of 63 (44 single-family attached, 18 townhomes& 1 multi-family) building lots and 8 (5 landscape, 1 common driveway, 1 alley, 1 non-buildable) common lots on 24-.0620.44- acres of land in the TN-R district for Newkirk Neighborhood Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 21.06 20.44 acres( 22.667 acres-annexation area) Future Land Use Designation Medium-High Density Residential(MHDR)in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Single-family rural residential(SFR) Proposed Land Uses SFR attached dwellings,townhouse dwellings&multi-family development Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning TN-R Lots(#and type;bldg/common) 63 building/8 common lots Phasing plan(#of phases) 2(SFR/townhomes—Phase 1;multi-family—Phase 2) Number of Residential Units(type 278(44 single-family attached, 18 townhomes&216 apartments) of units) Density(gross&net) 13.2 units/acre(gross) Open Space(acres,total[%] / 7.21 acres(or 35%)qualified buffer/qualified) Amenities Single-family area:play structure,swings,(2)seating areas, (2)shade structures,climbing rocks and a climbing dome. Multi-family area: clubhouse, fitness center,enclosed bike storage, dog park with waste station,swimming pool,walking trails,picnic area,bike repair station,outdoor seating area. Physical Features(waterways, The Kennedy Lateral crosses the northeast corner of the site and the Purdam hazards,flood plain,hillside) Gulch Drain runs along the southwest corner of the site. Neighborhood meeting date 9/21/2022 History(previous approvals) None B. Community Metric Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State A collector street(San Marcos Way)is required to be extended from the east H /Local)(Existin and Proposed) boundary to the west boundary of the site per the Master Street Map. Proposed Road Improvements See ACHD staff report in the public record. Fire Service • Distance to Fire Station 2.4 miles from Station#2 • Fire Response Time Falls just outside of the 5-minute response time goal • Resource Reliability 82%(above the targeted goal of 80%) • Accessibility This project meets all required access,road widths,and turnarounds as presented in the preliminary plat. The shared drives shall have an address sign at each entrance,the roadways,common driveways,and alleys shall be maintained 365 days a year for fire,EMS,and police responses. • Additional See Fire Staff Report in the link provided below under Section IX(C). Comments/Concerns Police Service • Distance to Fire Station 4 miles from Meridian Police Department • Fire Response Time Expected response time is 4:17 minutes;Average emergency response time is 3:46 minutes for City of Meridian • Accessibility If Applicable,any climate-controlled multi-family developments,the Meridian Police Department required police access into each building's entry point using a multi-technology keypad per UDC 11-4-3-27G. See Meridian Police Department Staff Report in the link provided below under Section IX D . West Ada School District Distance(elem,ms,hs) Capacity of Schools #Of Students Enrolled Wasr Ada Sehaaf O.,rllr hu.q?lellnRld rumu r td Oya,wh In rr '_ _ rwe", .lfunf m aofq , snrnivrienn data mpeGhr to+ drrrhpp�rrt iM+Shln the lest 5 y eaj in pfonmm to Ihls pioaaxd de4Yl rrKr;.nr esbrrwe rhi F Orralap mart oonsmin p of]!]E apormresrn l arrtl 63 skri&lam lh hoams rouht house aapfa mlma,cl y 79!drool IW crifl ,l.p prpral hl,hi op�rF'2.itWn.All aFi}¢rlwplln..nry3[11r«ri;KA.iq hr Y"Ll Ails S._KW BAU4 LW*d ary amendanre ream{of the#922-23 xhool Mr.*or Vo lgduded mihnd.1.+F the­rumheral.pprvrediM%onJ rrtAI ramFlq 4N116apf Dwdty0xPA2ndallNef opnOrs. &RKM!Cd FAF uila &WACIJ &Nil no look RV WIM44in[e `lwkrf4 bum Enwll TAM lym+ndaarf aru rra AA_ Oro. [haWrrmp Elumr w an ASE M file MCI` 170 MirEdUA Mld&r khod Le97 LUB firs 2917 265 M..d.r High Schrrol 17se LOTS 3SU 3150 758 50W.01"Plu PNIM.e [heel Joseph Elemcrit2 -Arls 929 702 %VA WA errbar.M—Fm STEM Aurimr Air yp4 i11/. NVA #of students estimated for this 79 development Wastewater • Wastewater Modeling -Additional 9500 gpd committed to model.WRRF decline balance is 14.57 MGD -Sewer and water running in parallel require 30-feet easement •Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. •Ensure no sewer services pass through infiltration trenches. • Project Consistent with WW Master Plan/Facility Plan • Impacts/Concerns See Public Works Site Specific Conditions Water • Distance to Services • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns Each Phase will need to be modeled independently to verify adequate pressure. • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions C. Project Maps Future Land Use Map Aerial Map Legend Legend d - `1-1)ject Location — , Pf je t LoCatlGr. ` IL. h+ledlUm { �61 Residential _ - wed-F lensily Commettinl - Re:01-a tial High Density Residential - Zoning Map Planned Development Map iegend ;` tegend R-4 'L M. 7 0 roloct Loccikpn Project Locat[an , — RUT R-61 City LIMIts R-15 R-15•' ,- alanned Parcels I } RUT R-15 �R - -------------- - -15 Mr � R1 �- M1 M-E TN )4 C-fV R-15 R= S 1S R-15 _ -RUT R-8 R-1 5 - — -- ; 1-1 RAT � R-.1,� TN-C G-G.._ III. APPLICANT INFORMATION A. Applicant: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise,ID 83706 B. Owner: Lansing Farm LLC—4824 W. Fairview Avenue, Boise, ID 83706 C. Representative: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise, ID 83706 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 1/18/2023 3/12/2023 Radius notification mailed to property owners within 500 feet 1/12/2023 3/10/2023 Public hearing notice sign posted 2/17/2023 03/17/2023 on site Nextdoor posting 1/13/2023 3/11/2023 V. COMPREHENSIVE PLAN ANALYSIS (This section and the one below have been updated in a strike-through and underline format that reflects the discussion at the public hearing and the Commission's recommendation on the subject application.) This property is designated Medium High-Density Residential(MHDR)on the Future Land Use Map (FLUM)and is located within the area governed by the Ten Mile Specific Area Plan(TMISAP). LANs USE: MHDR areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses,townhouses, and condominium and apartment buildings and complexes. These areas should have a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre with densities ranging from 8-15 units per acre. MHDR areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensely developed areas, such as Mixed Use Commercial or Employment areas,in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents. Apartment buildings are desired to be accessed via shared entrances and hallways. The proposed development incorporates a mix of single-family attached homes with(44) front-loaded garages, (18)alley-loaded townhouses and(216)multi-family apartments at an overall gross density of 13.2 units per acre consistent with the density desired in the MHDR FLUM designation in the TMISAP. The apartment buildings have enclosed shared accesses but not shared hallways. This property is in an area that's largely developed with and planned for medium high-density residential uses.Mixed Use—Commercial areas are in the development process approximately'/4 mile to the east and Employment areas are designated approximately'/2 mile to the west and south. The Ten Mile interchange is also within about 1.5 miles to the southeast of the site. TRANSPORTATION: ACHD's Master Street Map(MSM) depicts a new towncenter collector street across this property from the west to the east boundary connecting to N. San Marco Way. The Transportation System Map in the TMISAP lists the functional classification for this street as a collector street and the Street Section Map lists the design classification as a major collector street,which is intended to be constructed consistent with Street Section C as follows: 4` S V, IT I ff I V-7 11 11 1 e P Mel Une FraWl Lau e We We foram-nA dkiam This street is planned to eventually provide a connection from W. Franklin Rd.to the west past N. McDermott Rd. Local streets, an alley and a common driveway are proposed internally for access to the proposed residential units. DESIGN: All residential neighborhoods in the Ten Mile Interchange area should be developed in consideration of Traditional Neighborhood Design(TND)principals and concepts and the standards established by the City for the TN-R district. Future development should be consistent with the design elements in the TMISAP for the MHDR FLUM designation as determined by the Application of the Design Elements table(see pg. 3-49), as follows: (Staff's analysis of consistency with these elements is in italics) 3-33. Street-oriented Design: Useable porches should be a dominant element of residential buildings and should be located along at least 30%of the front facade of the buildings—a higher percentage is recommended as is the location of porches on one or more side facades. When possible, garages should be loaded from a rear alleyway. Where garages must be accessed from the front,the garages must be located no less than 20' behind the primary facade. Front-loaded 2-car garages that are visible from the primary street must be designed with two(2)separate garage doors. Out of the 62 single-family attachedltownhome units, only 18 are alley-loaded,the other 44 are all front loaded with living area 20'behind the garages away from the street. None of the units have usable porches that meet the guideline, except for the multi family apartments.No porches are proposed on the side facades.All units have single 2-car garage doors, not separate doors. Covered entries to the units are proposed,however, these areas are not usable as a porch as they are barely wider than the doors[i.e. 14"wider on the attached units(8"on each side of the door) and 3'wider on the townhouse units(18"on each side of the door)]and are located to the side and rear of the garages—not on the front facade as desired.In order to meet the minimum guideline of 30%, minimum 7.5'wide porches would need to be provided for each attached unit, and 6.6'wide porches would need to be provided for each townhome unit—this would still not provide very "usable"porches as the entryway to the door takes up most of that space. Uk,*msufting in j4der lots with a redueden in the number of unitsqots-. Staff reemitinends more meet the design ei*eria and not lose as many lot-si.A d6Teftwtprodue4 type should be providedfo the aftaehed units with garages at least 20'behind theprimaryfaeade, buddMg entmneesfa separate gar-age door*. • 3-34.Buildings to Scale: Everything seen and experienced from the sidewalk—building fronts, lighting,open space—should be designed for human interaction at a pedestrian's perspective. Key elements to consider are the continuity of the building sizes,how the street-level and upper-level architectural detailing is treated, elements that anchor and emphasize pedestrian scale,roof forms, rhythm of windows and doors, and general relationship of buildings to public spaces such as streets, plazas and other open space.Human-scale design is critical to the success of built places for pedestrians. Building entrances should be placed close to the street; ground floor windows, articulated facades, appropriately scaled lighting, awnings and other weather protection should be provided. Continuity of building sizes is proposed but with little variation inform and design of any of the structures. The street-level and upper-level architectural detailing offer few differences in the attached and townhome units;architectural detailing between the first two (2)stories on the multi family units are generally the same with a different siding material on the third story. Elements that anchor and emphasize pedestrian scale are windows, doors, weather protection/roofs over windows and doors, window pop-outs and recesses—the addition of masonry accents on the first floor facades would assist in emphasizing pedestrian scale and durability& quality of materials. Building entrances are not placed at the street on attached units as desired, they are located at the rear of the garages away from the street with garages facing the street. Building entrances for the townhomes face the street as desired because these units are alley-loaded. BuildingsAiving area are not oriented to open space areas or public spaces such as streets(except for the 18 townhome units) as desired. Revisions to the plans and elevations are necessary to meet this design criteria.More architectural variety and details should be provided to differentiate between the street-level and upper-level units.Lighting at a pedestrian-scale should be provided on the buildings facing the street and internal walkways. behind the units-, buikfing enhwneesfaeing the street withfiwnt'sideporehes-. 3-36.Neighborhood Design: All residential neighborhoods in the Ten Mile interchange area should be developed in consideration of traditional neighborhood design principles and concepts,which pertain to mixed housing stock, architecture and design, streetscapes and streets. Front porches and garages accessed from an alley are usually the standard in residential areas;parking for homes is primarily located behind buildings. Streetscape design relates to the street itself and consists of landscaped parkways with trees between curbs and sidewalks, adjacent sidewalks and front yard spaces and provides public space for street trees, street furniture and view corridors. Other aspects of neighborhood design that contribute to a traditional streetscape are connected network of streets, alleys and sidewalks. Roadways and pedestrian ways are interconnected so that access for pedestrians, cyclists and automobile drivers is direct and convenient and allows traffic to be dispersed through a variety of streets and ways.Narrower streets designed with TND characteristics result in slower moving traffic and provide a safer,more pleasant pedestrian environment and encourages interaction among residents. A diversity of residential housing types is proposed for a variety of housing choices within the same neighborhood as desired.Although two(2) different "types"of architecture are proposed for each of the three(3)housing types, the form is the same and the trim details only vary slightly—only some of the materials and window placements are different—more variety should be provided. As previously noted, usable porches that meet the minimum guidelines are not provided for the single-family attached and townhome units as desired.Alley-accessed garages and parking are only provided for the 18 townhome units;the 44 single-family attached units are all accessed from the street with parking in front of the garages facing the street, which is not desired. Landscaped parkways are proposed as desired with view corridors but no street furniture is proposed except for a couple of benches along the southwest side of the collector street.A connected network of narrow streets, alleys and sidewalks is proposed as desired. ACHD is requiring traffic calming measures to be provided in the collector street to slow traffic. with front'sideporwhes that meet the * ' - WeUnesj and more streetfurniture should be provided-.Alore vatiety between the building qVes-,materials and arehiteeturalfeatures shou 3-37.Building Form& Character: Building Facades—Buildings should be designed so that their primary facades relate to active public spaces and pedestrian areas. The primary fagade of a structure is that frontage of the building that has been designed and detailed so as to represent the building's most important elevations. The primary fagade should always include an entry into the building. Entries should be located so as to provide direct access from adjacent public spaces,primary streets and activity areas. Access from walkways should be uninterrupted by vehicular traffic. Buildings should be located so as to help frame adjacent public spaces and to provide an architectural backdrop for associated passive and active activities. The space between a building fagade and the adjacent walkway should be appropriately landscaped with a combination of lawns,groundcover, shrubs and trees. The townhomes are designed so that their primary facades face the street with direct pedestrian access from primary streets; access from walkways is uninterrupted by vehicular traffic as garages are accessed from alleys. The single-family attached structures, which make up 71% of the single- family and townhome units, are not designed so that their primary faVade relates to active pedestrian areas or public spaces-the garages face the street,the entry is at the living area 20' behind the garages. Building entries do not have direct pedestrian access from the street because garages are in front of the living area facing the street,access from walkways is interrupted by vehicle traffic because all of the units have front-loaded garages and driveways. The multi family units have direct pedestrian access that is uninterrupted by traffic because walkways are proposed up next to the buildings. None of the units, including multi family units,frame open space areas; only the townhome units frame the streets as desired.Landscaping is not depicted on the plan in the space between building facades and adjacent walkways as desired. . The space between the building facade and adjacent walkway should be appropriately landscaped with a combination of lawns, groundcover,shrubs and trees;a landscape plan should be submitted that demonstrates compliance with this guideline. Building Heights: Low-rise buildings of 2-4 stories over much of the area is recommended. Two-story single-family attached and townhome structures and 3-story multi family structures are proposed in accord with this guideline. • Pitched Roofs: A mix of flat and pitched roofs are anticipated in the Ten Mile area based on a wide variety of individual buildings. Pitched roofs should be,where possible, symmetrical hips or gables, with a pitch between 4:12 and 12:12 with an overhang of at least 12 inches and a maximum of 2.5'. Roof brackets and rafter tail treatments are encouraged. All of the roof pitches proposed fall within the desired pitch range. Corbels are depicted on all of the concept elevations;rafter tail treatments are encouraged as well as other design elements as noted in the ASM. • 3-47.Public Art: Public art should be incorporated into the design of streetscapes,public buildings, parks,transit, infrastructure, and other public projects in the Ten Mile area. Public art should be meaningful and encourage the free flow of ideas and cultural ideologies. Public art should be integrated into either the architectural design or the design of plazas and public spaces associated with a building and should be easily visible to the public(e.g.visible from the street or publicly accessible open spaces rather than interior courtyards). Public art is notproposed but should be provided in accord with this guideline. Details should be submitted prior to the City Council hearing on what type of public art is proposed and the location of such. The provision of public art would also qualify as another amenity(I point). Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family attached dwellings, townhouse dwellings and multi family apartments will contribute to the variety of housing types available within the City. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) This area contains a variety of housing types, including single-family attached and detached homes, townhomes and apartments, which contributes to the diversity in housing types available within the City. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The western portion of the site proposed to develop with single-family attached and townhouse dwellings should be compatible with adjacent like uses to the west and south; the eastern portion of the site proposed to develop with multi family apartments should be compatible with adjacent townhouse and multi family apartments to the east. The railroad tracks and associated right-of-way provides a 200 foot separation between single-family detached homes and the proposed development. The street buffer and associated landscaping along the proposed collector street(N. San Marco Way) will assist in buffering the single-family attached and detached homes and townhomes to the south. The proposed density should be compatible with adjacent existing and future development in the MHDR designated area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential uses and site design should be generally compatible with adjacent residential uses and developments. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed infill development shouldn't negatively impact adjacent existing properties as similar uses and densities exist and/or are planned in this area. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any pathways stubbed to this property other than sidewalks along public streets. The sidewalks along streets will promote pedestrian connectivity with adjacent neighborhoods. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the septic system for the existing home is required to be removed with development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSI A. ANEXATION(AZ) The Applicant proposes to annex 23.67 22.667 acres of land with a TN-R(Traditional Neighborhood Residential)zoning district which is listed in the Zoning District Compatibility Matrix in the TMISAP as one of the best choices for zoning in the MHDR designation. A preliminary plat and conceptual building elevations were submitted,included in Section VIII, showing how the property is proposed to be subdivided into 63 building lots and 8 common lots for the development of 44 single-family attached dwellings, 18 townhome dwellings &216 apartments for a total of 278 new residential units. The proposed residential use,mix of housing types and density of the development is consistent with the MHDR FLUM designation; however,the proposed architectural design,especially for the attached units,does not comply with the TND guidelines in the TMISAP,as discussed above.Development in this area should conform to these guidelines in order to be deemed consistent with the Plan and in the best interest of the City for annexation. Staff r-eeommends revisions to the plans as noted above in Seetion V prior-to Commission aetion on this applieation. This property, along with two (2) 1-acre properties to the south, are enclaves surrounded by existing and future residential uses—single-family residential detached homes exist to the north(Chesterfield), townhome dwellings are in the development process to the south(Ascent),townhome-style multi-family dwellings exists to the east(Entrada Farms), single-family attached and detached homes are in the development process to the south(Alamar); and single-family attached homes are anticipated to develop on the property to the west(Aviator). A legal description and exhibit map for the boundary of the property proposed to be annexed is included in Section VIII.A. This property is within the City's Area of City Impact boundary and within the area governed by the Ten Mile Interchange Specific Area Plan(TMISAP), as discussed above in Section V. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): A preliminary plat is proposed consisting of 63 [44 single-family attached, 18 townhomes&one (1) multi-family lot for 216 apartment units] building lots and eight(8) [five(5) landscape, one (1)common driveway,one (1) alley and one(1)non-buildable)common lots on 21.0620.44-acres of land in the TN- R district. Proposed lots range in size from 2,090 to 4,257 square feet(s.f.)with an average lot size of 2,790 sf. The subdivision is proposed to develop in two(2)phases as shown on the preliminary plat in Section VIII.B. The single-family residential portion is proposed to develop with the first phase and the multi-family development in the second phase. Single-family attached dwellings,townhome dwellings and multi-family developments are listed as a principal permitted use in the TN-R zoning district per UDC Table 11-2D-2. Multi-family developments are subject to the specific use standards listed in UDC 11-4-3-27; review of the development for consistency with these standards will occur with the Certificate of Zoning Compliance application. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that are proposed to be removed with development. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC Table 11-2D-6): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. There is no minimum lot size in the TN-R district; each building site is required to be of sufficient size to meet the minimum setbacks for the district. A minimum of two (2)housing types are provided as required. Access: Access is proposed via the extension of N. San Marco Way, a collector street,at the southeast corner of the subdivision. San Marco Way will extend to the west boundary and connect with W.Aviator St. to be extended with Aviator Subdivision(H-2020-0111). This property and three(3)properties to the south take access from Zimmerman Ln., a private street;two (2)of these properties don't have public street frontage. ACHD is requiring Zimmerman Ln.to be dedicated and improved as a local public street in order to provide a north/south street connection between Franklin Rd. and the collector street,public street frontage for the two parcels to the south, and access to Ascent Subdivision from a local street,which will enable their temporary vehicle access to be converted to emergency and pedestrian access only. The plat should be revised accordingly. Three(3) stub streets (i.e.E. Chair Lift St.,W.Atomic St. and W. Ski Hill St.)exist in Ascent Subdivision that are required to be extended with development as required by ACHD. A street is planned to stub at the south boundary of the subject property from Alamar Subdivision near the southwest corner of this site per the approved preliminary plat(H-2022-0004). The development agreement for Alamar(Inst. #2022-065010) states the final alignment at the north property line shall be determined at the time of the second final plat submittal to allow the developer flexibility to work with this developer on the alignment. Although the second phase final plat has not yet been submitted,the common lot at the northwest corner of the Alamar development was included in the first phase(FP- 2022-0027)with the southern portion of the north/south street(N. Feather Reed Ave.),which essentially dictates alignment of the street north to the collector street. ACHD is requiring a stub street to be provided from the collector street to the south boundary of the subdivision in alignment with Feather Reed to the south;ACHD is not requiring Wolfsburg to align with that street. Staff is concerned about the proximity of N. Wolfsburg Ave. to Feather Reed and safety of left-turn movements onto the collector from both of those streets. The collector street has a fairly significant curve in this location as well that may hinder sight distance. Common Driveway(UDC 11-6C-3D): One(1) common driveway is proposed at the northwest corner of the site on Lot 10,Block 1 for access to Lots 11-14,Block 1. Common driveways are allowed to serve a maximum of four(4) dwelling units; in no case shall more than three(3)dwelling units be located on one(1) side of the driveway. A total of four(4) dwelling units are proposed on the north side of the driveway; the final plat and common driveway exhibit shall be revised to depict a maximum of three(3)units on one(1)side of the driveway as required; or, alternative compliance may be requested as set forth in UDC 11-5B-5. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note.If a separate easement is recorded,a copy should be submitted to the Planning Division with the final plat for City Engineer signature. Alleys (UDC 11-6C-3B.5): One(1)20-foot wide alley is proposed for access to the townhome lots in Block 3. The Alley should be constructed in accord with the standards listed in UDC 11-6C-3B.5. A detail of the alley should be submitted with the final plat that demonstrates complies with these standards. Parking: All single-family attached and townhouse dwelling units are proposed to have a 2-car garage with a 2-space parking pad consistent with UDC Table 11-3C-6 for 1-to 4-bedroom units; if any units contain more than 4 bedrooms, an additional two(2) spaces are required with at least one(1)of those being an enclosed space. An additional 38 on-street parking spaces(0.5+per home) are available for residents and guests as shown on the parking exhibit in Section VIII.1. These spaces are located adjacent to common areas and in front of the townhome units as there is not adequate room in front of the attached units for on-street parking with the width of the lots vs.the driveways. With the narrow 27-foot wide streets proposed internally,which are desired with TND,parking is only allowed on one side of the street. A minimum of 430 parking spaces are required to be provided for the multi-family development based on 48 1-bedroom units and 168 2-bedroom units,with 216 of those spaces being in a covered carport or garage,per UDC Table 11-3C-6. A total of 442 parking spaces are proposed overall,which exceeds the minimum by 12 spaces,with 221 of those spaces covered. Based on the number of parking spaces provided(442),a minimum of 18 bicycle parking spaces are required per UDC 11-3C-6G, in accord with the standards in UDC 11-3C-5C. A total of 18 spaces are proposed. Staff recommends a bicycle rack is provided for each building and for the clubhouse. Landscaping(UDC 11-3B): A 20-foot wide street buffer with an 8-foot wide parkway planted with Class 11 trees and a 5-foot wide detached sidewalk is required to be provided along N. San Marco Way, a collector street,per UDC Table 11-2D-6, landscaped per the updated standards listed in UDC 11-3B-7C. An 8-foot wide parkway with Class 11 trees is required along all local streets per UDC Table 11-2D-6, landscaped per the standards listed in UDC 11-3B-7C. All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees, shrubs, lawn or other vegetative groundcover per UDC 11-3G-5B.3. Shrubs should be added to common open space areas and the calculations table on the landscape plan should be revised to include this updated standard; a minimum of 28 trees are required. There are several existing trees on this site that will be removed with development. An existing tree inventory and mitigation plan is included in Section VIII.H. Mitigation is required to be provided per the standards listed in UDC 11-3B-10C.S; calculations demonstrating compliance should be included on the landscape plan submitted with the final plat application. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C. Common Open Space(UDC 11-3G-3): A minimum of 15%qualified open space is required to be provided within the single-family and townhome portion of the development per Table 11-3G-3 for the TN-R zoning district. Based on 10.01 acres of land, a minimum of 1.5 acres is required to be provided that complies with the standards listed in UDC 11-3G-3B.Note: The multi family development is exempt from these standards and is instead required to comply with the common open space standards listed in UDC 11-4-3-27C. The multi family development will be reviewed for compliance with those standards with the Certificate of Zoning Compliance application. The exhibit included in Section VIII.F depicts 35.4%(or 3.55 acres) of common open space for the single-family and townhome portion of the development consisting of three(3)large common areas over 5,000 square feet(s.£)at 41,652 and 9,239 s.f. and a large area at the south end of the site west of the collector; 8-foot wide landscaped parkways along the townhome lots; and landscaped linear open space. The common lot at the southwest corner of the development will adjoin common area in Alamar Subdivision if the stub street to the south is relocated further to the east as required. The collector street buffers do not count toward qualified open space unless they meet the enhanced buffer requirements noted in UDC 11-3G-3B.3,which is interpreted to mean buffer landscape materials consistent with entryway corridors listed in UDC 11-3B-7C.3f. On the south side of the collector,the linear open space that is outside of the buffer may count if landscaped per the standards listed in UDC 11-3B. design.PFefer-ably,the open spnee exhibit should be revised prior-to the Commission heftFing but at the latest before the City Couneil hearing,to inelude landseaping and other design fefttffFes that deMOBStFate eomplianee with the quality and qualified open spaee standaFds liste 6 n IUMD CC -1-1 3 G Any areas that don't qualify should be depicted as non- qualifying open space.When multi-family is approved concurrently with single-family,the minimum open space requirements in UDC 11-3G-3 shall apply to the gross land area of the entire development. In order to qualify,common areas should be landscaped per the updated standards listed in UDC 11-3G-4B.3; parkways and street buffers should be landscaped per the standards listed in UDC H- 3A-17E and 11-3B-7C[collector buffers must meet the enhanced buffer requirements(i.e. entryway corridor standards)in order to qualify]; stormwater swales that are incorporated into required landscaped areas should comply with the standards listed in UDC 11-3B-11C; and linear open space should be landscaped per the requirements in UDC 11-313. Site Amenities(UDC 11-3G-4): A minimum of two(2)points of site amenities are required based on the area of the single-family/townhome portion of the development. Qualified amenities should include features listed in UDC Table 11-3G-4. A 5,000+s.f. children's playground with a play structure, swings, climbing rocks, a climbing dome, seating benches, and a shade structure within a safe fenced area(3 points)is proposed which meets the minimum standard. The provision of public art, as recommended, will also qualifty as an amenity(1 point). The"pathway park" consisting of 9,239 s.f. at the southwest corner of the development where a shade structure,pathway and seating area is proposed should include a picnic table in order to qualify as a picnic area (2 points).Required sidewalks adjacent to public right-of-way do not qualify. Overall,the proposed amenities exceed the minimum standards.Note: The multi family development is exempt from these standards and is instead required to comply with the site amenity standards listed in UDC 11-4-3-27D. The multi family development will be reviewed for compliance with those standards with the Certificate of Zoning Compliance application. Pathways: The Pathways Master Plan does not depict a multi-use pathway on this site. No pathways are proposed except for sidewalks required along streets within the development. Sidewalks(11-3A-17): A 5-foot wide detached sidewalk is required along W. Franklin Rd., an arterial street, and along local streets in the TN-R zone within the development; and a 6-foot wide detached sidewalk is required along N. San Marco Way, a collector street per Street Section C in the TMISAP, consistent with the 6-foot wide sidewalk in Entrada Farms to the east. Fencing(11-3A-7): Fencing should comply with the standards listed in UDC 11-3A-7. Six-foot tall solid vinyl fencing is proposed around the west and north perimeter boundaries of the subdivision and on shared lot lines between building and common lots that are visible from the public street, as shown on the landscape plan. A 5' tall open vision iron fence is proposed around the children's playground area.A 2-rail split rail fence is proposed at the back edge of the street buffer along the northeast side of San Marco Way on the multi-family portion of the site. Fencing is not proposed along the perimeter of Lot 1,Block 4 where it adjoins future common area in Alamar Subdivision and should not be so that residents of both subdivisions can enjoy a larger common area. Lighting(UDC 11-2D-6F1: In addition to the standards set forth in UDC 11-3A-I1 of this title,the following standards shall apply within the TN-R district: All dwelling units shall have a minimum of two (2)lights at the front of the unit.All dwelling units on alley accessed properties shall have a minimum of two (2)lights along the alley. All lighting required in this section shall prevent uplighting and shall be on a photocell that activates the lighting at dusk and turns it off at dawn. Waterways: The Kennedy Lateral crosses the northeast corner of this site within a parcel of land owned by the irrigation district. This parcel bisects the subject property into two (2)parcels. The Applicant is working with the irrigation district to try to deed the small"triangle"area on the north side of the lateral to the irrigation district because it is of no value to this development. A 6-foot tall closed vision vinyl fence is proposed adjacent to the lateral;UDC 11-3A-6C.3 requires an open vision fence at least 6-feet in height and having an I I-gauge,2-inch mesh or other construction, equivalent in ability to deter access to the lateral. Staff recommends a 6-foot tall wrought iron fence is provided in this area to deter access to the lateral. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical rroort was submitted with this subdivision. Building Elevations: Conceptual building elevations were submitted for the proposed structures within the development as shown in Section VIII.I. Two (2)elevations were submitted for the 2-story attached units proposed in Blocks 1 and 2 and for the 2-story townhome units attached in units of three(3) proposed in Block 3; building materials consist of a mix of board&batten siding, soffit board siding, cottage lap siding and shake siding. Two(2)elevations and perspectives were submitted for the 3-story multi-family apartment buildings; building materials consist of mix of board&batten siding and horizontal lap siding with fiber cement panel accents. An elevation was submitted for the clubhouse; building materials consist of a mix of board&batten siding and horizontal lap siding with stone veneer accents. The proposed elevations are net approved in concept however,a"they should be revised4o ineor-por-ate traditional neighbor-hood design elements as set forth in the T-A41SAP, as noted above in Section v and in to comply with the Architectural Standards Manual(ASM).Revised elevations should be submitted that demonstrate eemplianee with these guidelines and standards prior-to Commission aetion on this applieation. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted for the multi- family portion of the development; compliance with the specific use standards listed in UDC 11-4-3-27 is required. Design Review: A design review application(s)is required to be submitted for all single-family attached, townhouse and multi-family structures within the development. Final design of all structures should comply with the standards for traditional neighborhood design listed in the Architectural Standards Manual(ASM) and any applicable traditional neighborhood design guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)for the MHDR FLUM designation(see the Application of Design Elements table on pg.3-49).Note: Staff has not reviewed the proposed elevations for consistency with the design standards in the ASM; this review will take place with submittal of the design review application. The Applicant should closely review these standards when making changes to the elevations in order to most accurately represent the style and construction of homes proposed to be constructed on this site. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X if revisions are made to the plans as recommended by Staff that are consistent with the traditional neighborhood design guidelines in the TMISAP. B. The Meridian Planning&Zoning Commission heard these items on March 2, 2023. At the public hearing,the Commission voted to recommend approval of the subject AZ and PP request. I. Summary of Commission public hearing a. In favor: Hethe Clark(Applicant's Representative) b. In opposition: None C. Commenting d. Written testimony:None e. Staff presenting,application: Bill Parsons f Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issues)of discussion by Commission: A. Incorporating more alley-loaded townhome lots in the development. b. Architectural design standards in the TMISAP, specifically as it related to front porches,individual garage doors and stepping the garages back 20 feet from the primary facade. c. Design elements of the Plan versus the TN-R standards in the UDC. d. Extension of Zimmerman Lane. 4. Commission change(s)to Staff recommendation: a. Comission modified DA provision i. to specify that the single-family attached and townhome structures did not need to comply with some of the design elements in the TMISAP. b. Various DA proivisons and conditions of approval were modified to account for ACHD's determination for the extension of the surrounding stub streets to this property. The email and the exhibit have been uploaded below under the Agency comments section IX. for reference. 5. Outstandingissue(s)for City Council: a. Removing the 50-foot sliver of property,known as Zimmerman Lane, from the boundary of the annexation and preliminary_plat to allow the applicant time to potentially deed this property to the adjacent County residences to own/maintain. The gpplicant is proposing the Council add the following DA provision should you choose to support the applicant's request: Per ACHD direction, Zimmerman Lane will not be dedicated as public right-of-way, with the exception of two stub locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in configurations required by ACHD prior to signature on the first final plat. The remainder of Zimmerman Lane will remain a private access. Because Zimmerman Lane will remain a private access, modify the annexation and preliminary plat boundaries to remove Zimmerman Lane to facilitate possible future conveyance of the remainder of Zimmerman Lane to property owners benefitted by this access easement who remain outside city limits." C. The Meridian City Council heard these items on March 28 and April 11,2023. At the public hearing.the Council voted to approve the subject AZ and PP request. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark(Applicant's Representive) b. In opposition:None C. Commenting: Jim Conger,Jeff Wrede,Harlin Baldwin. and Ryan Adamson d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Bill Nary and Joe Bongiorno 2. Key issue(s)of public testimony: a. Conveyance of the Zimmerman Lane property to the adjacent Ada County property owners. b. Extension of W. Atomic St. and public utilities(water and sewer) and who is responsible for the construction and cost associated with the extensions if Zimmerman Lane is removed from the boundary of the project. 3. Key issue(s)of discussion by City Council: a. Additional design elements associated with the residential units. b. Maintenance/ownership of the triangle parcel in the NEC of the development. c. Excluding the Zimmerman Lane property from the annexation and preliminary plat boundary and the timing for the conveyance of the property to the County resdiences to the west. d. The timing of receiving ACHD'S revised staff report prior to the Council hearing. 4. City Council change(s)to Commission recommendation: a. DA provision l.c. was striken. b. Council added a new condition of approval that requires the triangle parcel to be owned and maintained by an owner's association in accord with UDC 11-3G-5C since NMID no longer wants ownership of the lot. Council added a new DA provision allowing Zimmerman Lane to be removed from the C. AZ and PP boundary with the caveat that a PBA needs to be approved and recorded by Ada County before the Cityapproves the AZ ordinance and executes the recorded development agreement. VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map JQ%L 5awwoth LarldE 5urve}nng, 11Z-- r'rkr` r- m5)39b-b I oh=: r2Gb) 398-&I o5 2030 9.Washmotm Ave--Emmctt,1'J 83E 17 Newkirk Annexation Description BASIS OF BEARING i5 N.89115'34"W., between a found alum in-um cap PL5 14221 marking the 51/4 cornet of Section 10 and a found aluminum cap PLS 14221 marking the SW comer of Section 10,both in Townshlp 3 North, Range 1 west, Bci5e Meridian,City of P'leridlan,Ada County,Idaho, A parcel of land located in the E1/2 of the 5W1/4 of Secton 10,T, 3 N., R.1 W., B.M.,Gty of Merldian, Ada County,Idaho more particularly descfEt7ed as follows. COMMENCING at an aluminum cap rrlarking the 51/4 corner of said Section 10; Thence N.691115'34" Val., coincident with the scut# line of sald 5W1/4, a distance of 793.09 feet; Thence N.0°34'25"E.,coincident Wth the west right of way of N.7lmmerman Lane and the extension thereof,903.05 feet, to the approximate centerline of the Purdam Draln and the POINT Of BEGINNING said point witnessed 5.0°34'26"W., 10.00 feet with a W8"rebar with cap PL5 11779-r Thence colriadent with said centeritne the foilowing three (3)toufses and distances; Thence N. 6Q`W1-"W,,425,75 feet; Thence S. 59104'25"W., 103.00 feet; Thence N. 59°29'07"W.,74,36 feet to the west line of the east half of the 5E1}4 of the $IN114r said paint witnessed N.09635" E,,69,53 Feet with a 518"rebar with cap PLS 12464: Thence N.01136'35"E., cNncident with Bald west llrre,614.70 feet to the centerline of the railroad right of way; Thence S. 88112646" E.,eoinddvnt wlth said centerilne, 1097.69 feet; Thence leaving said centerline, S.0°35'04"W.,216.64 feet to a 5/8" rebar with no cap, hereaFter referred to as"point A"on the souChwesterly right of way of the Kennedy lateral; Thence continuing, S. 01135'04"W,, 1250.38 feet to the approximate centerline of said Purd'am Drain, said point witnessed N. 01135'04"E., 42.00 feet with a 5/8"rebar with cap PLS 11779; Thence N. 39'1540"W.,colndclent with said centerline,891.69 Beet to the POINT OF BEGINNING. LESS and EXCEPTING a parcel of land more partiWlariy described as follows., BEGINNING at the aforementianed "Point A", P:1202111 ENMI 21�81-N F:WKIRK TOPO+SurvePDrawings%Descriprions4121381 Newkirk Annexatlan Descnphw.dacx P .V. 11 i_ lM N. a2.573V W.,rumtlent Mm me soutl'm25taly nght of way of sale Kennedy IMerel, 25.93 kM to a 518'reMr Wth cap PIS 11279; Thelrx N. 58029R5'W„ WnWent Mffi saki 5outhwesl * rI9ht a way, 13389 fart W a W' m&r wn M PB Ill29; 31¢nceN. W-22'32' W., caincNeR wim said mootomos right of a , 18662f[m a518" reWr Wth up PB 11779; Thence N. t°12'91' E., coincident wiM saltl wuMweoert right of way, 31.09f to a W' rebar wIN rep M 117N on Me so Melly railroad right away; Ilene S. M°26'96' E., c incHcnt wb UN souNSly,laNcaE right a way. 232.69f R[o a 5f8'reLysr wM up %S I1779 on One roMeasterly Ignt of way ofrmd Kennedy f ral; Ttlence5. 58'=-E., coincident with sal nodbtraounly rl9ht of wry, 100.62f tto a 518 moor with mp PIS 11T19; hen¢S. 0135YW"W., M.38 f W tM POINT OF BEGINNING. SaW parcel=ilns 22.667 acres more or Imo. 9GG�ClA 9R V� nY PUNMml EPVTM2l 91NEWKIFI(iOPO'SYMfNrarngalNmmpMnall 21MI NewNrk Armaton Dwompfnn do , Paga 12 �\ LlERA / § ` ) \ : ! | ® � � B. Preliminary Plat(dated: 1 W21,122 03/29/23)ArnT A AAAnV&D T ucrlMxrai--,Koirsmo«u -AM1 am' �r _ _ _ _ � ncawr• y-s�:r 'A�.eCW-2-T.iq I - f ' lam 11 PR1.1 F-M — I . .• - uis .', is 1• _ — ik J J-- PRI 2 I i ur J� ■ o f �' _ 'I ire ,•I ,.)' it+. m J r YPii u'i � � 4 C. Common Drive Exhibit—NOT APPROVED E I I r ---- I I I 9LRIC I I CAT 4s TMES 10MECF � I STRM ACCESS, I t ON ` LOCATED�0.00' 510E ScH4CI( JAM' WE E io� po- umTr Esp€ruf I I I I I I 1 II I 14 I 1', G6 a 17 1 I I I x I 10 f 'A'SLAHIJRt 5I RILL LOT 0 TAKES OM ECT � � — i—�— —SREEI ICC€55. DRACWT LOCATED ON SOUTH SZE OF LCM - — 12 R€JH2 SETBACK TdP fl I � w 7 ap,0o FRDW BLOGtic 7 I I SETIMK TIP I I a I ` — J r,BuX,,,,, NEWKIRK SUBDIVISION ,{ � lull t,°'iJA` 1.QMMC N I1RIVLWAY kXl11L;11 +n:Q W 7-F%Joe- '9nra"'perrr�.r["a'r� .s D. Landscape Plan—Preliminary Plat(dated: 9/6/2022) M 6 rri k� 3 - _ z Cn LA n i 0 Ro I � � 3R f it h - E. Conceptual Site Plan&Landscape Plan for Multi-Family Development 3 z M v � a r A[rn - - Z 55 P z 1: o r j Y� ti Z 10 i 1 1 { =m F. E NIMNIRRAPERTNEWIS TAO . I. ,.. .. .,{�.yy.. I 'nv-AO naru vas .... OHM low lam, ismu lIP . n �rmxnuslrt ....... ...... • ' nrnm�mnure _. . m YIAA DIDRUCISS"Qk& HOUR ..... in YMIMUIe GOWNED SPACES FRDPOSED ......us [ � e UK V{ 1 R'1 (1. I ISM UlML0PMFV I REQUIRED' 1. emalRnpl n' n u of WEI 4. UPS FORD v EVANSIFT OF WE wunm NO L NO TRAW MOUNTAINS y t WA&MA nm ICMK xM ul \ter SEN. lrM 12DEDON'llum NOR wv MIRMNNINI t^ ry r mmilu A700 G. Common Open Space Exhibit& Calculations 17 71 --_ . .i: i 'i ■ 1. " � ` S �. �,i'�' � I I I Y an R i � � I ]t}s I�� ProjecA NEW Fit Neighborhood FEW 11 MFFM WE drull I Full WIFE, I I I I I I &M kc 0, kc k", Parammay., I I WNE all Fuel 3MA27 sm 7.M ELM 11,110 "W"W"IFEW 'EFFEW 31,11LIM Arturadloodfal NEFF tw ,v, am ul mmumbil In F FEE. I A LnErvalnummarmthat atIFE,F�ntVaaFEFjjWul 150),hal uFachuxuand 3 munumadand anuacapal maub,aaaamlofthasucaum Full.,of BuffurThe Full arm afthe anuacap,buffau.,culacaur Wal l sawaradurnauradouranul muntwWaraffiarnauradourannual E 113&,,, EWF WaL mcct all oF tho Full WE El may main Wool Fw,all Wl sual Wl H. Site Amenities Propasrd Amenities SingEo-tamily Area: A. Large 1-Acre,Play Park 113lock Z. Lot IS) - ThE Newkirk Neighb, r uad Pd•k w;ll mmntain the folluvOnp. recrealirin(adhLies: - - ■ Play Structure k Savings + 5eating Benches • 5hade Staurturc 4{ 4? + Climbing Rocks + Climb i ng Dome + Largc Grass play area + Attractive Landscapi r►g 4 � Y + Playground fcncingfDrsafety i em 01 r ate.•+ {f+r I•- r v Win,separnicind nedintclam PiPf" inec,a ii-sccr� rneincni Pain inclunPin onnIc.1 inticinnPr Pttc,,tiP Oubli..(�ItPccf�j Eiag Park WinAfacto Stalmon P�unft Ai W P.I(Recrionn) WakinciTnaisiflimorcotc) Picnic Pico PGpi Space) c1c,mincil,sucinn Aftrardii L Pedestrian Connectivity Exhibit The-NP-wkiFk Nei�ghborhood will include pedestrian pathways as well as intemat sidewalks Thal will form a very connected and pedestrian friendly environmrenl for the homeowners and public. uwra mHe of pedestrian pathway will be constructed within the Nc�rkirk NeighborhUUd_This pathway system will provide a wrieiy of oppurlu nities for the residents of the Newki rk Neighborhood to wal k, bike or cunnett to the$realer Ten Mile interchange J4rea. Alf internal streets and Mllector roadways will have separated sidewalks. Phu reap below illu strate-s the pedestrian mnrreetivily- �T, FA I f. �a .{+]• 4 I•.n;.T.rr F- �•L 4 I J. Existing Tree Inventory&Mitigation Plan Newkirk Neighborhood Tree Inventory and Mitigation Plan The following is an inventory of existing trees on the proposed Newkirk Neighborhood property. The trees are in fair to poor condition as they have not been well maintained and most are in various stages of decay and nearly all have structural issues.For this reason,we are proposing to remove all the existing trees and to mitigate for some of the caliper inches of loss. Some of the trees such as the willow do not require mitigation per city code. A map and photos of the trees is provided below as well as a total of caliper inches that should be mitigated for and a calculation of trees to be provided in the new development per the landscape plan. It is calculated that approximately 105"of existing tree caliper should be mitigated for,the project is providing 318 new trees with an average caliper of 2"that equals 636 caliper inches. The new trees planted will far outweigh any trees being removed from the site. 1 x L 3x EXMTINS T ) Y � 2x r _ _ X La • ' ■. Map of existing trees Tree 1 10"Caliper shade to be mitigated 'r r tires - Tree 2 F±' Large Willow with rotted base and many dead limbs. —No mitigation proposed . f ..4 Tree 3 Large walnut tree, 30"—40"caliper, multi-trunk,poor condition, structural issues. —To be mitigated at 50%. Tree 4 11"Crab Apple—poor to fair condition—to be mitigated h 5 I Tree 5 13" Shade tree—fair condition—to be mitigated t titer y a Tree 6 4 6" Shade tree—to be mitigated � . • . f :. +F 4 Tree 7 18" Shade tree—fair Condition-to be mitigated I� Y • aw Tree 8 7"Pine—fair condition—to be mitigated L- •4� 1 '. y ` 4 Calculations from the Newkirk Landscape Plans LOCATION 12EWIPZEI7 PP.DVIFEo �TI2EET TREES 5.4 TREES PARK/C,OMMON 14200 5P 1 0400 = IS TF-tI 5 83 TREES OPEN 5PACE TOTAL WMBEIz OP TREE5! Ib MrM 131 T12EE!D ALL EXISTING TREE5 TO BE REMOVED-5EE NOTE 5. THIS SHEET- PLANT SCHEDULE x.zzmami Jzxnme.nummneiuem Fmemm ice B&B T 10 WHx anus ii ,pa.»mCuro avmpazcerBnun B&B 2y 13 .ww.oiaii.a Om,m,c,mrmsmmmm Skpme'mMI mF wmm ,.w well /� alm, Sp asm,.�s�sa.om .arw.ci i 0 oum,muml Dupunsm,ummPm.teFa.�n.oPlum lPmd.u,wmpmgM6, .(rw,e 0 Pul Bnunmiamum .ew 0 Pul Vummm , d ,man� �dPme K. Conceptual Building Elevations— OT A PROV D Llen 1 ti• - I:i,-MRI FETE,xIr FDC**ZLSTJ/14114G A5 L'L5 4 I�1� 1l1+11S�OF For illustrative(i.e. color& finishes) purposes only—not proposed for construction I 1 1 F11 P11 I f _ i LSIMHEL�KFtE?VA: Pal•R FS i 6iQflLi1 E WE-EMCEE' '9AYYI I� 1L'17J"ll CC+Lm COCA Na 1 W T EWA'm w I+•r_ n'w 1 2 a 4 s i t fCOAIC lJLLY V Olm =��E otaleil cri�ewa =-may emu ^ Q I /r 1n jT -FIG-- 'b Llh't htv ICh M "'Oh ' Y} ROM iLlldiYFL]fi PP2KTELEYA 404r id �'caaur�sue rx'._'.xs_u t:i�es:x:4�,s1 IqQ nc��o TIL ,uL ueF�xc+-ern- Y.I'�eLur�4cot,�Lr' -..,��,+�n�..+.��i h4•M It IN F HF'�Yi16�1 1 1� IY�RKUN I,�R { 7�#iL9FHtiF17FR IILLI XgOL{�E Jl11kti/1: ,'kYlYk1T13 AT��r�}� - + ar�eLtiarua�fAK Ff] FEE 4 I'1/YJ1170L M1iz i�,]OOL IMJ YIOOL:.._ �}r�,-�{.I'I. 4'rHFy L: couipq#om MUM ft yG *AiGYL'.Hi:12T 8�M i a NE<w1E 4NEY 6A4111>• t Mfrtrtok 4WE *Mlm M EfkN-c* kka *W*2d S T F Cm-Ah3w ELAP *M BIER YMl*ik8 F f{YyE :.I� :,�YWl EI t4n1�pN 4Mr'1� �3. tfrr ElE'•u /4 E LdIR NIR �� IS .I �� '•=;F� yew i —_xagkr r,EL. r.7 — 'r,la � LEFTfLE"JhTKM ce. :7LU7N C16TU�i4 �rry �+ r f�l iionf Fii{.y7gx IChRY R44P �— ip • 15 iirm�rr . . ■� r�riw�r.i 11 !! �u+*rer a■ �: '�ror�*�� i �# � - _�ul�l J� IE � zlmr 16I I i ; IR ili�� 11 -iin M Mq �� . mmF r 1� adi ■'li�i ifi.' FF:-'i;riiu r� fl I�� EII!' �l�,I�..:ullli a �1in�imni��Finui� u■r F. 1 I I I�II� Illf �I II�� I��I,FI II _ _ •'�� ��, ter. i � ♦� i `- -ROW - Y i- - ,: go . ,_-.0 NOUN WRAN ERROR-WON .a ''II -------------------------- - r �- - - - � _ Inl ■ Inlnl� I:� a ■ _ -�. � � �i� �._: I '�w' �i• I -- . �. ' L '�.I' �� ---�i II e i �- ,::. � II i II ,.: II �� � .,� � L. Parking Exhibit SINGLE-FAMILY The Newkirk Neighborhood will rneet or exceed all of the requirements of the City of Meridian's Code for off-street parking.All homes within the neighborhood will have a minimum of a two (2) car garage and a driveway that will accommodate an additional two(2) parking spaces, fora total of four (4) off- street parking spaces.As illustrated below,an additional 38 (over 0.5 additional per home) on-street parking spaces will be available for use byfthe residence. ,0r--.l -----�- - = ' MULTI-FAMILY The Newkirk Apartments meet and exceed all parking requirements of the City of Meridian Code. The code requires 418 parking stalls, we are providing 450 parking stalls. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,phasing plan,landscape plan, qualified open space, qualified site amenities, and conceptual building elevations included in Section VIII and the provisions contained herein. b. The collector street(N. San Marco Way) shall be constructed in its entirety with the first phase of development and shall be designed consistent with Street Section C(major collector street) in the Ten Mile Interchange Specific Area Plan(see pgs. 3-20, 3-22 and 3-23),unless an alternative cross section is approved by ACHD. E , aeAh of the Kennedy La4er-al, shall be deeded to Nampa Mer-idia-a Iffiga4ion Dist-fiet. d. Public art of a high quality of design shall be provided within the development and incorporated into the design of the streetscape or publicly accessible open space as set forth in the TMISAP (see pg. 3-47). e. A bicycle rack should be provided for each of the multi-family buildings and the clubhouse in accord with the standards listed in UDC 11-3C-5C.A minimum of 18 spaces are required. f. A minimum of 442 off-street parking spaces shall be provided for the multi-family development with a minimum of 221 of those spaces in a covered carport or garage as proposed, in accord with UDC Table 11-3C-6. g. A maximum of 216 multi-family units shall be constructed within this development. h. A Certificate of Zoning Compliance application shall be submitted for the multi-family portion of the development; compliance with the specific use standards listed in UDC 11-4-3-27 is required. i. A Design Review application shall be submitted for all single-family attached,townhouse and multi-family structures within the development. Compliance with the design standards listed in the Architectural Standards Manual and the anygpplicable guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)is required. The single-family attached and townhome structures are not required to incorporate porches along 30%of the front facades and front-loaded 2-car garages do not have to be 20 feet behind the primary fagade or designed with two (2) separate garage doors. The r-esideafia4 development shall be developed in eensider-a4ien _A14-H—DR Futwe Land Use Map designation(see the Applie4ien of the Design Qemen4s table E)a j. Pedestrian-scale lighting should be provided on all building facades facing the street and internal walkways in accord with the TMISAP(pg. 3-34). k. The space between the building fagade and adjacent walkway should be appropriately landscaped with a combination of lawns, groundcover, shrubs and trees in accord with the TMISAP (pg. 3-37). 1. Zimmerman Lane will not be dedicated as public right-of-way, except for the two stub locations at Atomic St. and Chair Lift St. Dedicate such stub locations to ACHD in confimurations required by ACHD prior to the City Engineer's signature on the first final plat. Before recordation of the annexation ordinance AND the City's acceptance of the modified AZ and Plat boundaries to remove Zimmerman Lane,the applicant shall record a property boundary adjustment between the Newkirk property and the three(3) selected adjacent County parcels immediately to the west to facilitate conveyance of the Zimmerman Lane property as proposed. Proof of such conveyance shall be provided to City staff prior to City Engineer's signature on the first final plat. 2. The final plat shall include the following revisions: a. . to San Mareo Way and a dedicated right turn lane on San Marco at Zimme ACHD. b. Extend the three(3) stub streets(i.e. E. Chair Lift St.,W. Atomic St. and W. Ski Hill St.) from Ascent Subdivision into the site as required by ACHD. c. Align San Marco Way with the approved location of the stub street at the west boundary of the site from Aviator Subdivision. d. Extend right-of-way to the south from San Marco Way in alignment with Feather Reed Ave. in the future second phase of Alamar Subdivision. The stub street will need to be located on the east side of the common lot(Lot 3, Block 1) at the northwest corner of Alamar subdivision as approved with the first phase final plat. e. Depict a maximum of three(3)units on one(1) side of the common driveway on Lot 10,Block 1 in accord with UDC 11-6C-3D.1; or, obtain approval of alternative compliance for the proposed design as set forth in UDC 11-5B-5. f. Depict a 20-foot wide street buffer in a common lot or on a permanent dedicated buffer easement with an 8-foot wide parkway and a 6-foot wide detached sidewalk along N. San Marco Way, a collector street,per UDC Table 11-2D-6 and Street Section C in the TMISAP,unless an alternative cross section is approved by ACHD. p InVO Larle Rawl Lane Dike Cane 34' !ane Curb-to-curb distance 3. The landscape plan submitted with the final plat shall include the following revisions: a. Revise the landscape plan consistent with the changes to the final plat listed above. b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5 and the exhibit in Section VIII.H. c. Depict landscaping within the 20-foot wide street buffer along San Marco Way in accord with the updated standards listed in UDC 11-3B-7C. An 8-foot wide parkway is required along the collector street planted with Class 11 trees and a 5-foot wide detached sidewalk per UDC Table 11-2D-6. Include the linear feet of buffer with the number of required vs.provided trees in the Landscape Calculations table that demonstrates compliance with UDC standards. d. Depict an 8-foot wide parkway with Class II trees along all local streets per UDC Table 11-2D- 6, landscaped per the standards listed in UDC 11-3B-7C. Include the linear feet of parkways with the number of required vs. provided trees in the Landscape Calculations table that demonstrates compliance with UDC standards. e. Depict shrubs in common open space areas in accord with UDC 11-3G-5B.3. f. Update the Landscape Calculations table for common open space areas to reflect the updated requirement of one tree per 5,000 square feet common open space per UDC 11-3G-5B.3; a minimum of 28 trees are required. g. Change the fencing type along the Kennedy Lateral to 6-foot tall wrought iron in accord with UDC 11-3A-6C.3. h. Include a picnic table in the common area at the southwest corner of the site on Lot 1,Block 4. i. Fencing shall not be provided along the perimeter of Lot 1,Block 4 where it adjoins future common area in Alamar Subdivision. j. A minimum of one(1)bench should be provided along the northeast side of the collector street in accord with traditional neighborhood development guidelines in the TMISAP. k. The area in the northeast corner of the development,north of the Kennedy Lateral, shall be owned and maintained by the property owner or owner's association in accord with UDC 1I- 3G-5C. 4. The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2D-6 for the TN-R zoning district. 5. The common driveway shall be designed and constructed per the standards listed in UDC 11-6C-3D. Revise the common driveway exhibit in Section VIII.0 to reflect a maximum of three(3) dwelling units on one(1)side of the driveway as set forth in UDC 11-6C-3D.1; or,alternative compliance may be requested as set forth in UDC 11-5B-5. 6. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. This may be accomplished through depiction of the easement on the face of the final plat and an accompanying note. If a separate easement is recorded, a copy shall be submitted to the Planning Division with the final plat for City Engineer signature. 7. The alley shall be designed and constructed per the standards listed in UDC 11-6C-3B.5. A detail of the alley shall be submitted with the final plat that demonstrates complies with these standards. 8. Per UDC 11-2D-6F, all dwelling units shall have a minimum of two (2)lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2)lights along the alley. All lighting shall prevent uplighting and shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 9. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district shall be removed. 10. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period in accord with subsections(A)and(B) of UDC 11-613-7,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of this title. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sewer and water running in parallel require 30ft easement. 1.2 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within the utility easement. 1.3 Ensure no sewer services pass through infiltration trenches. 1.4 Provide 20'easement and install main to make connection of water line between east and west property. If main in western property is not installed at time of construction install a blow-off per City requirements. 1.5 Do not have a connection to the west. It is a different pressure zone. 1.6 Development to the south shows road in a different location. Coordinate with southern property on location and make sure water main is in road wherever that ends up being. 1.7 Water line requires 20'easement with water line centered in it.No car ports allowed in easement. 1.8 20'Easement up to water meter and 10'beyond is required but cannot go under car ports.Keep that in mind for all areas where it is applicable. 1.9 Water and sewer line require 30'easement minimum. Water and sewer to be 10'from edge with at least 10' separation.No car ports allowed in easement. 1.10 Each phase will need to be modeled independently to verify adequate pressure. 1.11 Connect to existing water stub to the east. Required to provide better looping on the eastern property. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I F map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=286169&dbid=0&repo=MeridianCity D. POLICE DEPARTMENT https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=286172&dbid=0&repo=MeridianCitX E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=287222&dbid=0&repo=MeridianCity G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=28 7028&dbid=0&repo=MeridianCity H. WEST ADA SCHOOL DISTRICT(WASD) hyps://weblink.meridianciU.or9/WebLink/Doc View.aspx?id=287286&dbid=0&repo=MeridianQ I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=293687&dbid=0&r0o=MeridianQU EMAIL FROM CHRISTY LITTLE ON THE FURTURE ROAD EXTENSIONS FOR NEWKIRK SUBDIVISON U-11&Sonya, yvrrpfor{Iredateg-nnallbVtwplraM tn@rL working ttrouyhg4ijtlor4khicwaakrnrprdnrgZimrrpnmani-gne_ IhaniMpgdtorr4Npn}rpylpodreportfrxyatttoo".biitrpther"WChariixWnrtnnga repast wrdh C»e s,rll just autllne thr changtrs here. 1, ZIrn ermw Lane will nU,be required to be[rpr3tRll O i9 a pubilc StreE-T through the srte. Ai dernonsbrated by tare 7`I5,It 15 not needed to serve the M.and there Is nO desteration w the &%M at this Iucatloa fur a collector, 2. .7immerrn2n lent`will ren in as pumte and eNdMue to prorrde aeDns la the petceb thdl ac!wff"fiche. 3, Thedeveloperwrllberequlredto-ensurethakkxaltrsfillcdoesnutuseZrrm fmnLane[i.e 94gr►ige,berrlcadmebc..,] b. ttiaeroper renll dodicatr right-at-way for the fuarue rairmlons of Mans SR and Ckwr t1R St;and e„o La requlrad tU prcwxh a rand trust for the ronsinxt%w w h6ch will6¢done by a difarera devek5w Urniiii3 rvnllsodard5bHillStrarrtirrlathesiteanrdfeatharRood. 6. AsrertAw-jrstarerninderabouttfrecandltioaanA_scertAveatTIenkhnRaad. Thai umneckionvoasappinn:�asadovewap,and issTernpararyNhx-of-%rwgeaseffwAL The plernote ckate5 that when otheracre5st5awdatOtv the Stte,11he*w4waywdlbe005ed• ACHpwrll work wrrhRthgijwNwlppprwhenTtb*5treetShyr+ebeerspatenvij. Thanks, dlrlsty J'• f 51TE _l' {/''�} Fx15t1Mn S7Ela 1 . •on S — _■ V aTn EEiS - o,.;r.: T. 6w J. SCHOOL IMPACT TABLE(COMMUNITY DEVELOPMENT) https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=286766&dbid=0&repo=MeridianCity K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=287890&dbid=0&repo=MeridianCity L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=287353&dbid=0&repo=MeridianCity X. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds the Applicant's request to annex the subject property with TN-R zoning and develop a mix of single family attached and townhouse dwellings and multi family apartments on the site at a gross density of 13.2 units per acre is consistent with the land uses and density desired in MHDR designated areas in the TMISAP. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds the proposed map amendment to TN-R and development generally complies with the purpose statement of the Traditional Neighborhood Residential District in that it will provide for a variety of residential land uses, including attached single-family residential, townhomes and multi- family apartments; open space that promotes pedestrian activity;safe and efficient movement of vehicular traffic; with some of the units accessed from an alley. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Council finds City services are available to be provided to this development. WASD has provided comments on the application that are included above in Section IX.H. 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(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Council finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Council finds the plat is in conformance with scheduled public improvements for this area in accord with the City s CIP. 4. There is public financial capability of supporting services for the proposed development; The Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) The Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Cooperative Agreement between the City of Meridian and Valley Regional Transit C� fIEN .D L4,, MEMO TO CITY COUNCIL Consent Agenda Item on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date: September 5, 2023 Topic: Valley Regional Transit FY24 Cooperative Agreement Attached is the FY 2024 Cooperative Agreement between Valley Regional Transit (VRT) and the City of Meridian. The assessments comprising the contribution request of$871,614 are as follows: General Assessment Special Assessment Capital Assessment Service Assessment $83,351 $586,202 $22,361 $179,700 These assessments are described in Exhibit 1 of the agreement. Services included in these assessments are: fixed routes 26 & 30, inter-county routes 40, 42 &45, Beyond Access services (Rides2Wellness, Harvest Transit, & Meridian Veterans Shuttle), and ACCESS paratransit services. After coordination with staff in Planning, Finance, and Legal my recommendation is approval of this agreement. COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR PUBLIC TRANSPORTATION FINANCIAL CONTRIBUTION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 1st day of October 2023 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("Authority"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("City") RECITALS a. Authority is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. Authority provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon counties. b. City is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that Authority may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. d. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. e. Authority develops funding requests through an approved cost allocation methodology. There are four categories involved in generating the initial funding request: general assessments, service and capital contributions, and special assessments. f. Authority has budgeted the not to exceed amount of $871,614 for City to contribute to support services, capital and regional overhead expenses. City has budgeted the same not to exceed amount representing the City's fair share of support for services, capital, and regional overhead, as set forth in Exhibit 1. g. Authority generally follows the allocation methodology to designate how City contributions are used. However, Authority may leverage City contributions as local match to optimize utilization of both local and federal sources of funding to ensure the most effective use of all revenue sources. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Page 1 of 6 Section 1. Term This Agreement shall be in effect from the 1st day of October 2023, and will terminate on the 30th day of September 2024, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For City to pay the not to exceed amount of $871,614 to Authority for Fiscal Year 2024 expenses pertaining to services, capital, and regional overhead required to support the regional transportation services within the City's jurisdiction, as set forth in Exhibit 1. (b) For Authority to use City's contribution for service, capital, and regional overhead expenses included in the annual Fiscal Year 2024 budget to support services within City's jurisdiction. (c) For Authority to leverage City's contribution with matching federal fundingto optimize all revenue sources available for operations, capital, and regional overhead. Section 3. Compliance Authority, in using said City's contribution shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said assessments and operating costs. Section 4. Payment (a) For City to pay $871,614 to Authority for Fiscal Year 2024 expenses pertaining to services, capital, and regional overhead required to support the regional transportation services within the City's jurisdiction. (b) Authority shall provide City a quarterly status report on capital or other special projects. (c) Payment shall be made directly to Authority at the following address, unless City is notified in writing by Authority of a new address: Valley Regional Transit 700 NE 2nd St Suite 100 Meridian, Idaho 83642 (d) City's address, for the purpose of invoice, notice or correspondence, unless Authority is notified in writing by City of a new address, is as follows: City of Meridian 33 E. Broadway Meridian, Idaho 83642 Section 5. Contact Information (a) Authority point of contact for this agreement is: Jason Jedry, Chief Financial Officer,jjedry@valleyregionaltransit.org, 208.258.2709 (b) City point of contact for this agreement is: Miranda Carson, Comprehensive Associate Coordination Planner, mcarson@meridiancity.org Page 2 of 6 Section 6. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between Authority and City concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. (f) This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. Indemnification To the extent permissible by law,Authority shall indemnify, defend, protect and hold harmless City, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims,judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof(including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever (collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions of Authority, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of City or its officers, agents and employees. City shall give to Authority reasonable notice of any such Claims. Authority shall notify City of the counsel to be used in carrying out its obligations hereunder. City must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, City's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Claims for which City incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by Authority under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act(ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of Authority shall be personally liable to City under this Agreement, (ii) with respect to third party Claims, both Authority and City expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and Page 3 of 6 (iii)the agreement of Authority to hold harmless or indemnify City shall be limited to, and be payable only from, Authority's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Tratasit: City of Meridian: I r Elaine CI Robert E. Si 0 9-5-2023 Chief Ex fficer Mayor Attest: _.., SF.A7. Chris Johnso , City Cle� Page 4 of 6 EXHIBIT 1 FISCAL YEAR 2024 CITY OF MERIDIAN SERVICE AND CONTRIBUTION DESCRIPTION Pursuant to the Fiscal Year 2024 (FY2024) Cooperative Agreement between Valley Regional Transit (VRT) and the City of Meridian for Public Transportation Financial Contribution, this exhibit outlines the public transportation activities in the four categories used to generate the contribution request. Meridian Assessments General Assessment Service Assessment Capital Assessment Special Assessment $83,351 $586,202 $22,361 $179,700 General Assessment: Supports regional planning efforts such as service expansion or revisions to improve transit connections and regional operations such as the regional customer service call center and regional transit Information Technology. In accordance with VRT's local cost allocation methodology, these costs are divided by each jurisdiction share of the regional population. Service Assessment: Meridian is currently served by four fixed routes, the 30, 40, 42 and 45. VRT has prepared a service proposal which is scheduled to occur in the summer of 2024. Those changes would affect all four routes and add one more route, the 26, connecting the Village to the Boise Towne Square Mall. The FY2024 service assessment covers both the current and the proposed changes. The proposed changes include, • The new route 26 Ustick/Maple Grove which connects the Village to Boise Towne Square Mall. It is proposed to run hourly Monday-Friday between 7:12am - 6:45pm. • The adjusted route 30 Pine which connects the Village to the Ten Mile Crossing. It is proposed to run hourly Monday-Friday between 7:30 - 9:55am and 2:27 - 6:26pm • The revised route 40 Caldwell - Boise Express with Meridian stops along Overland connects Caldwell, Nampa, Meridian and Boise. It is proposed to run every 30 minutes Monday-Friday between 5:41 - 7:0Oam and 4:00 - 5:3Opm • The revised route 42 Happy Day to Towne Square Mall with Meridian stops along Franklin Road and Overland connecting Nampa, Meridian and Boise. It is proposed to run hourly Monday-Friday between 6:20am - 6:45pm. • The revised route 45 Boise State to CWI which connects downtown Meridian, Ten Mile Crossing and the Village with CWI and Boise. It is proposed to run hourly Monday-Friday between 6:15 - 8:3Oam and 2:45 - 7:O0pm Except for route 45, VRT's cost allocation methodology distributes the costs of service proportionately to the miles travelled in each jurisdiction served. Route 45 is funded as a partnership with CWI and Boise State University. Meridian's contribution allows the 45 to run more frequently and maintain 30-minute service through downtown Meridian. Approximately 20% of routes 40 and 42 operate within the City of Meridian. 94% of route 30 is within the City of Meridian and approximately 15% of the route 26 is within the City of Meridian. Capital Assessment: Supports the maintenance or purchase of physical infrastructure or assets. The cost allocation model distributes general capital costs by where the service is Page 5 of 6 provided. Meridian's capital contribution request for FY2024 is based on Meridian's share of the transit service provided. Special Assessment: Supports specific activities, projects or programs requested by the City of Meridian. In FY2024 the City of Meridian special assessments go to support the operations of Beyond Access, which will replace the services currently provided by Harvest Transit, Rides2Wellness, and to continue the Meridian Veteran's Shuttle services. VRT will begin operating a new service called Beyond Access in January. Service will operate Monday through Friday 7 AM-6 PM with a larger service area that will allow travel within Meridian as well as between Ada and Canyon County. Rides2Wellness provides free transportation to eligible riders to medical appointments at participating clinics. Costs for this program are assessed on a per ride basis. The estimated ridership for Rides2Wellness is 6,198. The Federal Transit Administration provides a 50% match for local contributions to this program. Local contributions to this program come from St. Luke's, Saint Alphonsus, Saltzer and the City of Meridian. Meridian Veterans Shuttle provides free transportation for Meridian veterans Monday - Friday from 7:00am to 5:30 pm between Meridian and the Boise Veterans Administration Medical Center. Page 6 of 6 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Recipient Agreement Between City of Meridian and I Heart Treasure Valley for Fiscal Year 2023 Neighborhood Grant Funds RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND I HEART TREASURE VALLEY FOR FY23 NEIGHBORHOOD GRANT FUNDS This RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND I HEART TREASURE VALLEY FOR FY23 NEIGHBORHOOD GRANT FUNDS ("Agreement") is entered into this 5th day of September, 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") City, and Treasure Valley Festivals, Inc., a nonprofit organization organized under the laws of the state of Idaho, doing business as I Heart Treasure Valley("Recipient"). WHEREAS,Meridian City Council has allocated fiscal year 2023 general funds for the purpose of awarding Neighborhood Grants to Meridian residents for projects that bring Meridian neighbors together and improve the community, as set forth in detail in Exhibit A; and WHEREAS,Recipient has proposed to host a weeklong event called"I Heart Treasure Valley,"with multiple service projects throughout Meridian during the week and block party over the weekend, which activity complements the objectives of the Neighborhood Grant program; and WHEREAS,by this Agreement, City and Recipient wish to establish the roles and responsibilities of the Recipient related to the investment and utilization of fiscal year 2023 Neighborhood Grant funds provided to Recipient by City("Funds"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. RECIPIENT'S RESPONSIBILITIES;PROJECT ADMINISTRATION. A. Activities. Recipient shall use the Funds, in the amount of three thousand dollars ($3,000.00), to I Heart Treasure Valley("Project"), as set forth in Exhibit B. Recipient shall use the Funds only for completion of the Project. Recipient's use of the Funds shall be consistent with any and all terms and conditions of the Neighborhood Grant Program and this Agreement. B. Time of performance. Services of Recipient shall start the Project on or before August 1, 2023 and shall complete the Project by June 1, 2024. C. Budget. Recipient shall use the Funds to complete the Project in accordance with the budget set forth in Exhibit B. All Funds unused as of June 1, 2024 shall be returned to the City. D. Closeout. By July 15, 2024, Recipient shall submit a final report to City. The final report shall include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? RECIPIENT AGREEMENT WITH I HEART TREASURE VALLEY FOR FY23 NEIGHBORHOOD GRANT FUNDS PAGE I OF 5 c. What is the impact of this project on your neighborhood? 2. Final project budget, showing use of Neighborhood Grant funds,partner organization funds, and in-kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. E. Draw requests. Funds for Project will be available following execution of this Agreement and City's receipt of Recipient's completed W-9 form. To obtain Funds, Recipient shall submit a written draw request to the Grant Administrator. Each draw request may be for up to $5,000 of the Funds allocated for Project. Upon the Grant Administrator's verification of progress toward Project goals and/or completion; review of quotes, receipts, and other required documentation; and site visit(s), as appropriate, the Grant Administrator will forward to the City Finance Department a request that the City remit a check to Recipient in the requested amount. F. Performance monitoring. City's Grant Administrator shall monitor Recipient's investment of the Funds to ensure that Recipient is working toward meet the goals of the Project as set forth in Exhibit B. Performance monitoring shall include review of quotes, receipts, and other documents, as well as site visits, as appropriate. II. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed the Recipient is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in Recipient's use of the Funds. In all matters pertaining to this Agreement, Recipient shall be acting as an independent contractor, and neither Recipient nor any volunteer, employee, invitee, or agent of Recipient shall be deemed an employee of City. Recipient shall have no authority or responsibility to exercise any rights or power vested in City. B. Photographs. Recipient consents to City's publication and/or use of any photographs or recordings of Recipient; Recipient's volunteers, guests, invitees, agents, and employees; and/or the Project for educational and promotional purposes. C. Acknowledgment of risk. Recipient acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. D. Indemnification; waiver. Recipient shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Recipient or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. RECIPIENT AGREEMENT WITH I HEART TREASURE VALLEY FOR FY23 NEIGHBORHOOD GRANT FUNDS PAGE 2 OF 5 E. Notices. Day-to-day communications between Recipient and the Grant Administrator shall occur by email or phone, as appropriate. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to Recipient: If to City: I Heart Treasure Valley City Clerk, City of Meridian P.O. Box 4906 33 East Broadway Avenue Boise ID 83711-4906 Meridian, Idaho 83642 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. F. Content. In the course of working on and completing the Project, Recipient shall ensure that the Funds are not used for any purpose that promotes, endorses or furthers any message containing the following content: 1. Profane, obscene, indecent, violent, or pornographic content and/or language; 2. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 3. Defamatory or personal attacks; 4. Threats to any person or organization; 5. Content that promotes, fosters or perpetuates conduct in violation of any law; 6. Content that encourages or incites illegal activity; 7. Content that may compromise the safety or security of the public or public systems; 8. Content that violates a known legal ownership interest of any party; or 9. Any content that contains or perpetuates a message that the Grant Administrator deems to be inappropriate or not in the best interest of the City of Meridian. If the City becomes aware that Funds are used in violation of this provision, City may deny future draw requests for Funds or request the return of Funds already released. G. Restrictions. Neighborhood Grant funds may not be spent on gift cards, alcohol, tobacco, firearms, or travel. H. Default or breach; cure; termination. If Recipient is in breach or default of any of the terms, covenants or conditions of this Agreement and fails or refuses to cure such breach or default within fourteen(14) days of written notice thereof, this Agreement, and all rights of Recipient in and to the Funds, at City's option, may be terminated and forfeited without further notice or demand. I. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Recipient. RECIPIENT AGREEMENT WITH I HEART TREASURE VALLEY FOR FY23 NEIGHBORHOOD GRANT FUNDS PAGE 3 OF 5 J. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the granting or expenditure of Funds or any activity associated with Project. K. Applicable law; non-appropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution and the Idaho Public Records Act. Recipient acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. L. Compliance with laws. Throughout the course of this Agreement, Recipient and each and all of Recipient's volunteers, employees, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. M. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, agreements, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Agreement have been made to Recipient. In entering into this Agreement, Recipient relies upon no statement, fact,promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. P. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. R. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. RECIPIENT AGREEMENT WITH I HEART TREASURE VALLEY FOR FY23 NEIGHBORHOOD GRANT FUNDS PAGE 4 OF 5 S. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. RECIPIENT: Brenda Nelson, Secretary Treasure Valley Festivals, Inc., doing business as I Heart Treasure Valley CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 9-5-2023 Chris Johnson, City Clerk 9-5-2023 RECIPIENT AGREEMENT WITH I HEART TREASURE VALLEY FOR FY23 NEIGHBORHOOD GRANT FUNDS PAGE 5 OF 5 WIDIAN�' EXHIBIT A 2022-2023 Neighborhood Grant Program Overview of Neighborhood Grant Program Meridian City Council has allocated $50,000 for Neighborhood Grants, to be awarded to Meridian residents for projects that bring Meridian neighbors together and improve the community. Applicants may apply for Neighborhood Grant funds in any amount up to $50,000, and may request funds for more than one project. Projects must be complete by September 9, 2023. Timeline Application period open: January 6, 2023 Applications due: March 6, 2023, 5:00 p.m. Selection panel recommendation: By March 20, 2023 Applicants notified: March 27, 2023 Signed agreement due: April 10, 2023 Project completion: September 9, 2023 Final report due: September 15, 2023, 5:00 p.m. Eligibility and Criteria Projects funded with Neighborhood Grant funds must be located on public property located within the City of Meridian. Applicants must be residents of the City of Meridian or organizations operating within the City of Meridian. Upon selection of a project for funding, the City of Meridian will require the successful Applicant to enter into a grant recipient agreement establishing terms and conditions of the grant funds). In awarding Neighborhood Grants, the selection panel will consider the following criteria: 1. Capacity for neighbor engagement in Project implementation and final deliverable; 2. Contribution to improvement of neighborhood environment and sense of community; 3. Suitability of proposed Project for project site; and 4. Long-term viability. maintenance and impact of proposed Project. Application To apply, Applicants must submit the following materials to the City Contact listed below. If applying for more than one grant, a separate application must be completed for each project. 1. Completed Grant Application form 2. Written narrative answering each and all of the following questions: a. What do you propose to accomplish and how? b. How do you plan to engage and use volunteers, specifically your neighbors, to help on the project? How many volunteers will be needed? c. What is the desired impact of this project on your neighborhood and how will you measure it? d. What is the plan for long-term maintenance of items that will be purchased, built, or installed with the funds (if applicable)? e. What is the priority of this Project (if applying for grant funds for more than one project)? 3. Detailed Project plan, including timeline with specific dates. 4. Detailed Project budget, listing Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. 5. Written permission from property owner allowing the use of the property for the proposed project. 6. If project involves collaboration or co-funding with other organizations or businesses on this project, a letter of acknowledgement and support from each. City Contact Submit application and reporting materials to, and direct any questions to: Jake Cluff, Community Relations & Policy Advisor Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 Email: Jcluff@meridiancity.org Phone: 208-489-0535 Reporting Requirements All projects must be completed by Friday, September 9, 2023. A final report must be submitted to the City Contact by Thursday, September 15, 2023. The final report must include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. Purchasing Requirements If the proposed Project includes the purchase of goods, services, supplies, or equipment, purchases up to $15,000 will require one written quote, and purchases $15,001 to $50,000 require three written quotes. Documentation will be required prior to release of funds. Limitations Neighborhood Grant funds may not be spent on gift cards, alcohol, tobacco, firearms, or travel. Funds will not be awarded to support any project that in any way: violates law or City policy; violates a legal ownership interest, such as a copyright, of any party. Funds may not be spent for any purpose or message that includes, promotes, or fosters: profane, obscene, indecent, violent, or pornographic content and/or language; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; defamatory or personal attacks; threats to any person or organization; information that may compromise public safety; or any purpose or message that the City deems to be inappropriate or not in the best interest of the City of Meridian. Additional limitations may apply. �(F rDR rnr`r;�- 2022-2023 Neighborhood Grant Program Application Form Exhibit B Applicant Information Applicant name:* Organization(if applicable): Mark Thornton I Heart Treasure valley Applicant's parent name(if Applicant is under 18): Phone Number:* E-mail: 2088703001 info@ihearttreasurevalley.com Mailing Address: 2140 E Horse Creek Ct Meridian,ID 83642 Project Information Project Name:* I Heart Meridian Project Type:* O Amenity(e.g.,neighborhood garden,bike rack,bike repair station,dog waste bag station) O Beautification(e.g.signage,banners,trees,landscaping,art) O Clean up(e.g.graffiti removal,overgrown vegetation removal,litter removal) O Other Project Address/Location:* The goal is to find underserved,abandoned and rundown areas in our City and do beautification projects in partnership with churches and other service based organizations.After the week long opportunities to serve,we would hold Block Parties in the various neighborhoods to celebrate the work done and help facilitate unity in the community.We have worked with Meridian Code Enforcement in the past to locate properties as well as with local schools to help where staff or resources are not available Property owner: Acknowledgments I * Mark Thornton hereby acknowledge the following stipulations and agree that if this proposal is selected for funding under the Neighborhood Grant Program,such funding shall occur subject to these general terms and conditions,as well as subject to other specific terms and conditions that shall be set forth in a separate,written grant recipient agreement between myself and the City of Meridian. I specifically acknowledge that: * Before my Project is funded,I(or my parent/guardian)will be required to enter into a written agreement with the City establishing the specific MT terms and conditions of the grant funds provided. Initial * If this Project is selected for funding,neither the City of Meridian nor its officers or employees will assume liability for any loss or damage.This MT Project may involve risks,some of which are unknown. Initial * The procurement of any necessary insurance will be my sole responsibility.The City will not provide insurance or other coverage of any kind for MT loss,theft,or damage that I or anyone associated with the Project may or does incur. Initial " The City has made no offer or commitment to issue Neighborhood Grant funds;the City shall have no obligation to do so except by,and pursuant MT to,written agreement. Initial I acknowledge,understand,and agree to these general terms and conditions. Signature Print name: Mark Thornton wa-tk Owltaem Parent signature(If applicant is under 18): Date: Upload supporting documents: Grant Questions 2. What do you propose to accomplish and how? a. The I Heart Treasure Valley Mission is to create a space in our community that people can come together in unity to serve our community. We come from different backgrounds, different faiths, etc. But because we all live, work and play in the same geographical space, we have something in common in that we want our community to be the best that it can possibly be (in every way) for all those who call Meridian (Treasure Valley) home. b. How do you plan to engage and use volunteers, specifically your neighbors, to help on the project? How many volunteers will be needed? i. Because the week of service that I am proposing has multiple service opportunities, we would pursue service opportunities in specific locations and mobilize volunteers to serve in a location in close proximity to their homes, schools or work place. The idea is that people are generally more inclined to serve/volunteer in an area that directly impacts them in some capacity. (quality of living, areas of interest, etc) c. What is the desired impact of this project on your neighborhood and how will you measure it? i. Because Meridian is more suburb than city, I think we need more intentional reasons for people to come together and make a difference in our community. The desired impact is that people would lower the walls that divide us (and/or keep us separated) long enough to discover that we have more in common than we might think and that we are better together! Participation in the various projects along with participation in the Block Party Celebration will be a great indicator of whether or not we created a model that will serve our community in various neighborhoods. d. What is the plan for long-term maintenance of items that will be purchased, built, or installed with the funds (if applicable)? i. This would be more applicable for the Kelso Wheel Projects at Elementary Schools but, creating a Block Party model that could be implemented in the adjoining neighborhoods from year to year could allow for one community to serve another community from year to year. e. What is the priority of this Project (if applying for grant funds for more than one project)? i. As I mentioned in the application, I Heart Meridian would be a "week long" event incorporating multiple service projects on different days that allows for people to be able to participate on days that may be more suitable to their schedule, culminating with a Block Party on a Saturday or Sunday afternoon 3. Detailed Project plan, including timeline with specific dates. a. I would propose the 1st full week of August (August 6-12) With at least 5 major projects. This is most likely the best time to bridge the end of summer vacations and families gearing up for back to school. 4. Detailed Project budget, listing Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. a. Unfortunately, I'm unable to give a solid number as the projects themselves will dictate the total cost. However, I would budget $2000-$3000 per neighborhood project which would include the cost of the block party. There are projects where I Heart would solicit local business for donations (paint for Kelso Wheel's, fire lane and handicap curb painting, etc) 5. Written permission from property owner allowing the use of the property for the proposed project. a. Once specific areas are identified, I can supply this information. 6. If project involves collaboration or co-funding with other organizations or businesses on this project, a letter of acknowledgement and support from each. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Recipient Agreement Between City of Meridian and Meridian Senior Center for Fiscal Year 2023 Neighborhood Grant Funds RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN SENIOR CENTER FOR FY23 NEIGHBORHOOD GRANT FUNDS This RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN SENIOR CENTER FOR FY23 NEIGHBORHOOD GRANT FUNDS ("Agreement") is entered into this 5th day of September 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") City, and Meridian Area Senior Citizens Association, a nonprofit organization organized under the laws of the state of Idaho, doing business as Meridian Senior Center ("Recipient"). WHEREAS, Meridian City Council has allocated fiscal year 2023 general funds for the purpose of awarding Neighborhood Grants to Meridian residents for projects that bring Meridian neighbors together and improve the community, as set forth in detail in Exhibit A; and WHEREAS, Recipient has proposed to make many repairs to correct the omissions and poor decisions made during construction of the Meridian Senior Center, and repair damage to the exterior of the building, which activity complements the objectives of the Neighborhood Grant program; and WHEREAS, by this Agreement, City and Recipient wish to establish the roles and responsibilities of the Recipient related to the investment and utilization of fiscal year 2023 Neighborhood Grant funds provided to Recipient by City ("Funds"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. RECIPIENT'S RESPONSIBILITIES;PROJECT ADMINISTRATION. A. Activities. Recipient shall use the Funds, in the amount of five thousand nine hundred and eighty-two dollars and eighty-eight cents ($5,982.88), to Meridian Senior Center ("Project"), as set forth in Exhibit B. Recipient shall use the Funds only for completion of the Project. Recipient's use of the Funds shall be consistent with any and all terms and conditions of the Neighborhood Grant Program and this Agreement. B. Time of performance. Services of Recipient shall start the Project on or before August 1, 2023 and shall complete the Project by June 1, 2024. C. Budget. Recipient shall use the Funds to complete the Project in accordance with the budget set forth in Exhibit B. All Funds unused as of June 1, 2024 shall be returned to the City. D. Written quotes. Because the proposed Project includes the purchase of goods, services, supplies, or equipment, purchases up to $15,000, Recipient shall obtain one written quote for all such purchases. Documentation will be required prior to release of funds. E. Closeout. By July 15, 2024, Recipient shall submit a final report to City. The final RECIPIENT AGREEMENT WITH MERIDIAN SENIOR CENTER report shall include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing use of Neighborhood Grant funds,partner organization funds, and in-kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. F. Draw requests. Funds for Project will be available following execution of this Agreement and City's receipt of Recipient's completed W-9 form. To obtain Funds, Recipient shall submit a written draw request to the Grant Administrator. Each draw request may be for up to $5,000 of the Funds allocated for Project. Upon the Grant Administrator's verification of progress toward Project goals and/or completion; review of quotes, receipts, and other required documentation; and site visit(s), as appropriate, the Grant Administrator will forward to the City Finance Department a request that the City remit a check to Recipient in the requested amount. G. Performance monitoring. City's Grant Administrator shall monitor Recipient's investment of the Funds to ensure that Recipient is working toward meet the goals of the Project as set forth in Exhibit B. Performance monitoring shall include review of quotes, receipts, and other documents, as well as site visits, as appropriate. II. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed the Recipient is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in Recipient's use of the Funds. In all matters pertaining to this Agreement, Recipient shall be acting as an independent contractor, and neither Recipient nor any volunteer, employee, invitee, or agent of Recipient shall be deemed an employee of City. Recipient shall have no authority or responsibility to exercise any rights or power vested in City. B. Photographs. Recipient consents to City's publication and/or use of any photographs or recordings of Recipient; Recipient's volunteers, guests, invitees, agents, and employees; and/or the Project for educational and promotional purposes. C. Acknowledgment of risk. Recipient acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. D. Indemnification; waiver. Recipient shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and RECIPIENT AGREEMENT WITH MERIDIAN SENIOR CENTER expenses caused or incurred by Recipient or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. E. Notices. Day-to-day communications between Recipient and the Grant Administrator shall occur by email or phone, as appropriate. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to Recipient: If to City: Toni Allison, President City Clerk Meridian Senior Center City of Meridian P.O. Box 563 33 East Broadway Avenue Meridian, Idaho 83680 Meridian, Idaho 83642 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. F. Content. In the course of working on and completing the Project, Recipient shall ensure that the Funds are not used for any purpose that promotes, endorses or furthers any message containing the following content: 1. Profane, obscene, indecent, violent, or pornographic content and/or language; 2. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 3. Defamatory or personal attacks; 4. Threats to any person or organization; 5. Content that promotes, fosters or perpetuates conduct in violation of any law; 6. Content that encourages or incites illegal activity; 7. Content that may compromise the safety or security of the public or public systems; 8. Content that violates a known legal ownership interest of any party; or 9. Any content that contains or perpetuates a message that the Grant Administrator deems to be inappropriate or not in the best interest of the City of Meridian. If the City becomes aware that Funds are used in violation of this provision, City may deny future draw requests for Funds or request the return of Funds already released. G. Restrictions. Neighborhood Grant funds may not be spent on gift cards, alcohol, tobacco, firearms, or travel. H. Default or breach; cure; termination. If Recipient is in breach or default of any of the terms, covenants or conditions of this Agreement and fails or refuses to cure such breach or default within fourteen (14) days of written notice thereof, this Agreement, and all rights of Recipient in and to the Funds, at City's option, may be terminated and forfeited without further notice or demand. I. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor RECIPIF,NT AGREEMENT WITH MERIDIAN SENIOR CENTER .-..... T�Try n�i..........��........ !'... ...-.T........ T... .-..-.^I .-..-.r shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Recipient. J. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the granting or expenditure of Funds or any activity associated with Project. K. Applicable law; non-appropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution and the Idaho Public Records Act. Recipient acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. L. Compliance with laws. Throughout the course of this Agreement, Recipient and each and all of Recipient's volunteers, employees, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. M. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, agreements, or understandings, oral or written. whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Agreement have been made to Recipient. In entering into this Agreement, Recipient relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. P. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. RECIPIENT AGREEMENT WITH MERIDIAN SENIOR CENTER R. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. S. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. RECIPIENT: oni Allison, President eridian Senior Center CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 9-5-2023 Chris Johnson, City Clerk 9-5-2023 RECIPIENT AGREEMENT WITH MERIDIAN SENIOR CENTER _..-- r-.t-I♦................ -- .......r-_...-- — -- r C�VIEN DIAN EXHIBIT A 2022-2023 Neighborhood Grant Program Overview of Neighborhood Grant Program Meridian City Council has allocated $50,000 for Neighborhood Grants, to be awarded to Meridian residents for projects that bring Meridian neighbors together and improve the community. Applicants may apply for Neighborhood Grant funds in any amount up to $50,000, and may request funds for more than one project. Projects must be complete by September 9, 2023. Timeline Application period open: January 6, 2023 Applications due: March 6, 2023, 5:00 p.m. Selection panel recommendation: By March 20, 2023 Applicants notified: March 27, 2023 Signed agreement due: April 10, 2023 Project completion: September 9, 2023 Final report due: September 15, 2023, 5:00 p.m. Eligibility and Criteria Projects funded with Neighborhood Grant funds must be located on public property located within the City of Meridian. Applicants must be residents of the City of Meridian or organizations operating within the City of Meridian. Upon selection of a project for funding, the City of Meridian will require the successful Applicant to enter into a grant recipient agreement establishing terms and conditions of the grant funds). In awarding Neighborhood Grants, the selection panel will consider the following criteria: 1. Capacity for neighbor engagement in Project implementation and final deliverable; 2. Contribution to improvement of neighborhood environment and sense of community; 3. Suitability of proposed Project for project site; and 4. Long-term viability. maintenance and impact of proposed Project. Application To apply, Applicants must submit the following materials to the City Contact listed below. If applying for more than one grant, a separate application must be completed for each project. 1. Completed Grant Application form 2. Written narrative answering each and all of the following questions: a. What do you propose to accomplish and how? b. How do you plan to engage and use volunteers, specifically your neighbors, to help on the project? How many volunteers will be needed? c. What is the desired impact of this project on your neighborhood and how will you measure it? d. What is the plan for long-term maintenance of items that will be purchased, built, or installed with the funds (if applicable)? e. What is the priority of this Project (if applying for grant funds for more than one project)? 3. Detailed Project plan, including timeline with specific dates. 4. Detailed Project budget, listing Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. 5. Written permission from property owner allowing the use of the property for the proposed project. 6. If project involves collaboration or co-funding with other organizations or businesses on this project, a letter of acknowledgement and support from each. City Contact Submit application and reporting materials to, and direct any questions to: Jake Cluff, Community Relations & Policy Advisor Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 Email: Jcluff@meridiancity.org Phone: 208-489-0535 Reporting Requirements All projects must be completed by Friday, September 9, 2023. A final report must be submitted to the City Contact by Thursday, September 15, 2023. The final report must include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget,showing Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. S. Check payable to City of Meridian for any unused funds. Purchasing Requirements If the proposed Project includes the purchase of goods, services, supplies, or equipment, purchases up to $15,000 will require one written quote, and purchases $15,001 to $50,000 require three written quotes. Documentation will be required prior to release of funds. Limitations Neighborhood Grant funds may not be spent on gift cards, alcohol,tobacco, firearms, or travel. Funds will not be awarded to support any project that in any way: violates law or City policy; violates a legal ownership interest, such as a copyright, of any party. Funds may not be spent for any purpose or message that includes, promotes, or fosters: profane, obscene, indecent, violent, or pornographic content and/or language; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; defamatory or personal attacks; threats to any person or organization; information that may compromise public safety; or any purpose or message that the City deems to be inappropriate or not in the best interest of the City of Meridian. Additional limitations may apply. al�,(E IDIAN_ 2022.2023 Neighborhood Grant Program Application Form Exhibit B Applicant Information Applicant name:" Organization(if applicable): Toni Allison,President Meridian Senior Center Applicant's parent name(ifApplicant is under 18): Phone Number:' E-mail: 2088885555 oresidentPrneridianseniorcenter ore Mailing Address:' P.O.Box 563 Meridian,Idaho 83680 Project Information Project Name:' Center building outside repair Project Type:" Amenity(e.g.,neighborhood garden.bike rack,bike repair station,dog waste bag station) Beautification(e.g.signage,banners,trees,landscaping,art) Clean up(e.g.graffiti removal,overgrown vegetation removal,litter removal) Other Maintenance&Repair Project Address/Location:' 1920 N Records Way Meridian,ID 83646 Property owner: Meridian Area Senior Citizens Association,Inc. Acknowledgments I, • Toni Allison hereby acknowledge the following stipulations and agree that if this proposal is selected for funding under the Neighborhood Grant Program,such funding shall occur subject to these general terms and conditions,as well as subject to other specific terms and conditions that shall be set forth in a separate,written grant recipient agreement between myself and the City of Meridian. I specifically acknowledge that: Before my Project is funded,I(or my parent/guardian)will be required to enter into a written agreement with the City establishing the specific TA terms and conditions of the grant funds provided. Initial If this Project is selected for funding,neither the City of Meridian nor its officers or employees will assume liability for any loss or damage.This TA Project may involve risks,some of which are unknown. Initial The procurement of any necessary insurance will be my sole responsibility.The City will not provide insurance or other coverage of any kind for TA loss,theft,or damage that I or anyone associated with the Project may or does incur. Initial • The City has made no offer or commitment to issue Neighborhood Grant funds;the City shall have no obligation to do so except by,and pursuant TA to,written agreement. Initial I acknowledge,understand,and agree to these general terms and conditions. Signature Print name: Toni Allison Parent signature(If applicant is under 18): Date: 2023.03-06 Upload supporting documents: ICC LLC Building Repair R d f i lsltx 15.57KB Neighborhood Grant 2023 Intro.docx 16.97KB Explanation for Repairs 3-2-2023F34821_docx 15.71 KB 2. Answers to questions: a. What do we propose to accomplish and how? The Meridian Senior Center was built under the direction and funding of the Julius Kleiner Foundation then presented to the Meridian Area Senior Citizens' Association in May 2012. This was a generous gift to the City's seniors and is a gem in the City of Meridian. We seniors are grateful for this beautiful facility that allows us to gather for daily nutritional meals, socializing, activities, classes, seminars, exercising, special events and receiving services in a safe, inviting environment. However, to provide these, as a non-profit organization, we must raise over $30,000 per month to meet the expenses of operating the Center. Any repairs must be paid with additional funds. In providing us the building, the Kleiner Foundation did not provide any type of funding, such as an endowment to maintain the building. Presently, we are having to make many repairs due to omissions and poor decisions made during construction. The well-maintained appearance of the building is important as it sits on public land in a public park owned by the City of Meridian. After 11 years, the building is showing results of the mistakes in construction. Just in the past six months, we had to invest $12,000 in roof repairs because the installation had not been completed in the first place and then this has caused damage. We invested over $4000 to replace and complete the installation of gutters around the perimeter of the building, as well. We are now seeking funding to correct the construction errors and repair the damage to the exterior of the building and to protect this investment. Obviously, this will contribute to maintaining the beauty of the park and pride for the citizens of Meridian. We will employ a professional construction company due to the liability issues, warranties, and the need to have the work be correctly and professionally done and be lasting. b. How will we engage volunteers? Volunteers form the membership of our community Center and will be used wherever possible in the cleanup following repairs being completed. A volunteer is making this application as all Board members serve as volunteers. c. What is the desired impact on the neighborhood? This is a project for the preservation as well as the beautification of the Center at the Park/Meridian Senior Center. Obviously, every citizen of Meridian can be proud of the park and this amenity which must be maintained. d. What is the plan for the long-term maintenance? This project is in consideration of the long term. This building should last for a very long time in like-new condition, if it is maintained as it should be. The Association will continue to maintain the building on a regularly scheduled basis and, as well as, an as-need basis. e. This is a #1 priority. 3. Once we have been notified of the funding, a date will be scheduled with the construction company with the winning bid. Because all contractors are very busy in this area, we will schedule the work to be done at the earliest date we are given. At this time, most companies have been unwilling to even bid without our already having the funding and they have indicated that they may be too busy to provide us a date for the job to be completed by September 911. However, if awarded the funding, we will certainly make every effort to obtain at least 2 more bids with a guarantee of the required completion time. 4. $5,982.88_ please see attached bid/proposal 5. The Seniors' Association owns the building but Steve Siddoway and Roger Norberg of Parks and Rec. have inspected the condition of the building that sits in Kleiner Park. They are very supportive and recognize the need for this project. 6. We anticipate that we will not need additional funding toward this specific repair project if we are awarded the amount needed. If the full amount requested cannot be awarded to complete the project at this time, please consider a lesser amount that would be applied to complete repairs by sections. Then, of course, we will seek additional funding to complete the repairs on the entire building. March 2, 2023 Meridian Senior Center/Center at the Park Work that needs to be done to preserve and repair exterior of building. 1. Materials that are needed to repair siding for paint. A. 4 sheets of T111 Hardi board siding B. 5 pieces of shiplap Hardi siding C. 30 pieces 1x4x12 Hardi trim D. 35 lineal feet of metal that goes to flat concrete to protect siding E. 6 2x4x12 foot pressure-treated wood. F. 1 box Hardi siding nails. 2. The reason for these materials is to replace trim, siding, and metal that has shrunk or been hit by lawn mowers, etc., over the years, or was installed incorrectly at the time of construction. 3. The siding on this building that needs to be replaced was originally installed incorrectly and has cracked due to being screwed on or damaged due to lack of gutters until this year. The whole building has now been guttered: replacing the old, deteriorating gutters and completing what was not guttered. 4. On the west side of the building, we have to remove the bottom board of siding 60 feet and remove the flashing and shim all that up with pressure-treated wood so the water will run off the 6-inch ledge that was originally done for brick but not installed. Then reinstall the flashing and replace the siding and cut all good trim up a half inch off the flashing. Right now, all the water just sits there and soaks up in the sub-siding and siding. We removed some of that area and found standing water but the sub-siding looked to be in good shape. 5. The Hardi siding should have been nailed on instead of screwed on. If one screws on Hardi siding, one must pre-drill the hole to set the screws flush with the siding. That was not done here as the screws are very noticeable and that is what has broken the 4 sheets of T111 that must be replaced. It is not cost affective now to remove all the screws so we can just paint over them again. 6. There will be a lot of caulking to be done to fill the cracks on the siding and trim that has moved due to shrinkage because it was installed incorrectly. Any gap over a quarter of an inch on the trim will be replaced. 7. The facia on the whole building needs to be checked for rivets that have rusted out and need replaced as now it rattles in the wind and will eventually pull away from the building. We will re-rivet where needed. ICC LLC. CONSTRUCTION PROPOSAL lveys Complete Construction Melba 10.83641 208-571-2169 CUSTOIcIER QUANTITY DESCRIPTION UNIT PRICE AMOUNT Meridian Senior Center 1 Siding repair materials $1.602.50 $1,602.50 q ESTIMATE NO 1 Siding repair labor $3.600.00 $3,600.00 6-Mar 1 15%profit and overhead S780.38 $780.38 DATE 316,2023 ADDRESS 192.0 N Records Way CITYZTATEOP Meridian ID 83646 PHONE 208-888-5555 E-MAIL direclo r(amerdiansen iorce nter.oro SALESPERSON Jason lvey PROJECT Meridian Senior Center PREPARED BY: Jason Ivey ATTENTION Lisa PAYMENT TERMS net10 DUE GATE After invoice SUBTOTAL S5,982.88 THIS PROPOSAL INCLUDES THE CONDITIONS NOTED: THIS PROPOSAL INCLUDES THE CONDITIONS NOTED:Ttrs estimate is to provide all materials and labor for the siding repair at Meridian Senior Center project only.Project location Meridian Id.This estimate good for 30 days only,All other work provided on behalf of the client is to be billed at hourly rates. TOTAL $5,982.88 Sign Here to Accept Quote: AulhoI Rep Date E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 23-2407: A Resolution Reserving the Forgone Amount for Fiscal Year 2024 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, et seq.; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2407 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON,PERREAULT,STRADER A RESOLUTION RESERVING THE FORGONE AMOUNT FOR FISCAL YEAR 2024 FOR POTENTIAL USE BY THE CITY OF MERIDIAN IN SUBSEQUENT YEARS AS DESCRIBED IN IDAHO CODE § 63-802,et seq.;AND PROVIDING AN EFFECTIVE DATE WHEREAS, Idaho Code §50-235 empowers the city council of each city to levy taxes for general revenue purposes; and, WHEREAS, Idaho Code §50-1002 requires the city council of each city in the State of Idaho to pass a budget, referred to as an annual appropriation ordinance; and, WHEREAS, Idaho Code §63-802 sets limitations on all taxing district budget requests on the amount of property tax revenues that can be used to fund programs and services; and, WHEREAS, Idaho Code §63-802(1)(a) allows each taxing entity to increase property tax budget amounts by a maximum of 3%, plus an amount calculated based on the value of both new construction and annexation added during the previous calendar year, plus an amount for forgone taxes; and, WHEREAS,Idaho Code §63-802(1)(f)requires that the City adopt an annual resolution to reserve additional forgone amount in order to utilize that amount in subsequent years; and, WHEREAS,the City has met the notice and hearing requirements in Idaho Code §63-802(1)(f) to reserve the current year's increase in the forgone amount; and, WHEREAS,the City intends to reserve $863,332 of its current year's increase in allowable forgone amount. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: That$863,332 of the current year's allowable increase in its forgone amount is reserved and included in the City's total forgone balance for potential use in subsequent years. ADOPTED by the City Council of the City of Meridian, Idaho, this 5ch day of September, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 5th day of September, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION RESERVING FOREGONE TAX REVENUES FOR FY24 FOR FUTURE USE E IDIAN.;--- AGENDA ITEM ITEM TOPIC: Department Reports E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report -July 2023 City of Meridian Monthly Financial Report FY2023 July 2023 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 Awli1 7 I_ �f .III ■1 _ ��i i�• �� fj pr III �E I� F:\Reporting\Monthly Reports\FY2023\FY23 - 10 July Council Report 1 of 3 Monthly Financial Report ��E IDIAN=- FY2023 July 2023 City of Meridian Investment Portfolio Yield by Investment Type �JkIDAHO STATE POOL 4.92% DAHO BOND FUND 3.12% WrCASH 0.00% FIB 498% .FIB MoneyMarket$2,730,610 .Cash$30,770,813 MONEYMARKET .Idaho Bond Fund$73,751,318 .Idaho State Pool$129,571,436 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $3,000,000 $140,000,000 $2,500,000 $120,000,000 $2,000,000 $100,000,000 $1,500,000 $80,000,000 $1,000,000 $60,000,000 $500,000 ■ . $40,000,000 $0 $20,000,000 General Enterprise 11 $_ General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY23 ■FY22 F:\Reporting\Monthly Reports\FY2023\FY23-10 July Council Report 2 of 3 Monthly Financial Report FY2023 E IDIAN*-- July 2023 IDAHO GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 - $80,000,000 $60,000,000 $40,000,000 $20,000,000mmicl It I 9/30/2015 9/30/2016 9/30/2017 9/30/TA16 9/30/2019 9/30/2020 9/30/2021 9/30/2022 - ■N—pendahle ■Restricted ■c-.n, m ■As signed ■Assped Reserves ■unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $120.000,000 $100.000,000 $80,000,000 $60,000,000 WX00,000 $20,000,000It-m-W 9/30f2015 9/30/2016 9/30f2017 9/30/2018 9f30/2019 9/30/2020 9/30/2021 9/30/2022 ■Assigned ■i mi lgnned ■Asstnged Reserves F:\Reporting\Monthly Reports\FY2023\FY23-10 July Council Report 3 of 3 W IDIAN� AGENDA ITEM ITEM TOPIC: Idaho Transportation Department: Eagle Road/State Highway 55 Safety Group Speed Review Recommendation and Discussion SH-55 (Eagle Rd) Corridor Operational Safety Plan Scope of Work December 2022 Background: SH-55 (Eagle Rd) is a state highway, managed by ITD, between 1-84 to the South and SH-44 to the North. The highway serves several purposes connecting the cities of Meridian, Boise and Eagle. Moving over 55,000 vehicles per day provides for a unique mix of operational considerations to ensure all users can travel safely and efficiently along the highway while maintaining access to residential, retail, commerce and entertainment centers in the area.Any changes to the operations of the highway(e.g. speeds, lane configuration, access) must be considered from a holistic perspective,so as not to cause unintended secondary or tertiary consequences. The City of Meridian has expressed interest, as a stakeholder, in reducing speeds and identifying additional safety improvements along the Eagle Road corridor. Additionally,the working group will include representation from the City of Boise, City of Eagle, Ada County Highway District, Idaho State Police and ITD. Objective: To improve the safety of SH-55 (Eagle Rd)for all users and be responsive to stakeholders' concerns, including the City of Meridian's expressed concerns. Approach: The approach is to identify and analyze current safety challenges and issues, and identify possible solutions and provide recommendations, including an implementation plan and timeline. Use of third-party evaluation can assist the Department to consider relevant literature and studies. Focus will first be on the modifications to the existing highway infrastructure (i.e. speeds, access points, etc.) and then, if needed, consideration will be given to additional new infrastructure, largely technology based and traditionally more detailed solutions (e.g.variable speeds, driver feedback). See more detail below. i) Speed data and travel times (operational vs posted)to include: (1) The whole corridor(1-84 to SH-44) (2) By segment (between every full signal) (3) Include AM/PM peaks and free flow conditions (4) Consider given to the day of week (weekday vs weekend) (5) Collection by a 3rd party, with ITD presenting and owning the data (6) Consideration will be given to the context of the roadway and USLIMITS2 recommendations (7) Prepare a summary conclusion and make recommendation on potential changes ii) Crash data review to include: (1) Speed related focus,to be conducted by ITD Office of Highway Safety to include: (a) Pedestrians/Bicycles (b) Vehicles (c) Motorcycles (2) Prepare a summary conclusion and make recommendation on potential changes iii) Sign Review to include: (1) Current sign log,to be conducted by D3 Operations (2) Identify any needed updates (3) Prepare a summary conclusion and make recommendation on potential changes iv) Evaluate and develop an implementation plan proposal (including funding and timing), first considering changes to current infrastructure and maneuvers, and second consideration to additional infrastructure,to include: (1) Closure/modification of mid-block left turns/u-turns (2) Additional signage needs (3) Enhanced coordination with the Traffic Control Center(ACHD) (4) Speed limit changes (5) Variable speed zones/periods (6) Advisory speeds (7) Digital message signs (8) Speed feedback signs (9) Safety corridor designation (10)Queue detection and communication (11)Travel time information and communication (12)Implementation Plan Proposal prepared by ITD D3 Traffic in coordination with the working group v) Report back to Meridian City Council (1) Share results of data collection (2) Share recommendations (3) Assess need for additional next steps (4) Target March 2023 SH = 55 ( Eagle Rd ) Corridor Operational Safety Plan Scope of Work December 2022 Background : SH -55 ( Eagle Rd ) is a state highway, managed by ITD, between 1 - 84 to the South and SH44 to the North . The highway serves several purposes connecting the cities of Meridian , Boise and Eagle . Moving over 55 , 000 vehicles per day provides for a unique mix of operational considerations to ensure all users can travel safely and efficiently along the highway while maintaining access to residential , retail , commerce and entertainment centers in the area . Any changes to the operations of the highway ( e . g . speeds , lane configuration , access ) must be considered from a holistic perspective, so as not to cause unintended secondary or tertiary consequences . The City of Meridian has expressed interest, as a stakeholder, in reducing speeds and identifying additional safety improvements along the Eagle Road corridor . Additionally, the working group will include representation from the City of Boise , City of Eagle, Ada County Highway District, Idaho State Police and ITD . Objective : To improve the safety of SH - 55 ( Eagle Rd ) for all users and be responsive to stakeholders' concerns, including the City of Meridian ' s expressed concerns . Approach : The approach is to identify and analyze current safety challenges and issues, and identify possible solutions and provide recommendations, including an implementation plan and timeline . Use of third - party evaluation can assist the Department to consider relevant literature and studies . Focus will first be on the modifications to the existing highway infrastructure ( i . e . speeds, access points , etc . ) and then , if needed , consideration will be given to additional new infrastructure, largely technology based and traditionally more detailed solutions ( e . g . variable speeds, driver feedback) . See more detail below . i ) Speed data and travel times ( operational vs posted ) to include : ( 1 ) The whole corridor ( 1 -84 to SH -44 ) ( 2 ) By segment ( between every full signal ) ( 3 ) Include AM / PM peaks and free flow conditions ( 4 ) Consider given to the day of week ( weekday vs weekend ) ( 5 ) Collection by a 3rd party, with ITD presenting and owning the data ( 6 ) Consideration will be given to the context of the roadway and USLIMITS2 recommendations ( 7 ) Prepare a summary conclusion and make recommendation on potential changes ii ) Crash data review to include : ( 1 ) Speed related focus , to be conducted by ITD Office of Highway Safety to include : ( a ) Pedestrians/ Bicycles ( b ) Vehicles ( c ) Motorcycles ( 2 ) Prepare a summary conclusion and make recommendation on potential changes iii ) Sign Review to include : ( 1 ) Current sign log , to be conducted by D3 Operations ( 2 ) Identify any needed updates ( 3 ) Prepare a summary conclusion and make recommendation on potential changes iv ) Evaluate and develop an implementation plan proposal ( including funding and timing ) , first considering changes to current infrastructure and maneuvers, and second consideration to additional infrastructure , to include : ( 1 ) Closure/ modification of mid - block left turns/ u -turns ( 2 ) Additional signage needs ( 3 ) Enhanced coordination with the Traffic Control Center ( ACHD ) ( 4 ) Speed limit changes ( 5 ) Variable speed zones/ periods ( 6 ) Advisory speeds ( 7 ) Digital message signs ( 8 ) Speed feedback signs ( 9 ) Safety corridor designation ( 10 ) Queue detection and communication ( 11 )Travel time information and communication ( 12 ) Implementation Plan Proposal prepared by ITD D3 Traffic in coordination with the working group v ) Report back to Meridian City Council ( 1 ) Share results of data collection ( 2 ) Share recommendations ( 3 ) Assess need for additional next steps ( 4 ) Target March 2023 SOLAR ENGINE ORIENT FOR MAXIMUM SUNLIGHT SOLAR ENGINE EXPOSURE ORIENT FOR MAXIMUM SUNLIGHT EXPOSURE POLE E BEACON - 12 - INCH SIGNAL AV SECTIONS POLE ( 8 POLE t i BEACON POLE GAP Y Y POLE I MOUNTING BRACKET AND STEEL STRAP 11 SPED A MOUNTING BRACKET AND ( TYPO ) STEEL STRAP ( TYID . ) WARNING SIGN ( 36X48 ) LIMIT SPEED LIMIT SIGN WATCH ALI- Fnp C 'R�pp� SUPPLEMENTAL 1 tV1R STOP ED PLAQUE 515 i CONTROLLER CABINET I MANUFACTURE SUPPLIED �� " ,F'Fl�(`'' SEE NOTE NO . 5 W23 3 BRACKET YOUR uj 36x36 i PEED W13 - 20 SP (tED o FEEDBAC VEHICLEK SIGN I SECTION 8 = 8 NOTES ( 30X41 ) �� as I � x w13 1P �' M H 18x 18 in CABINET 1 . DRAWING NOT TO SCALE . SEE NOTE NO . 5 CONTROLLER CABINET CONTROLLER CABINET , 2 . THIS DRAWING SHOWS TYPICAL BEACON INSTALLATION DETAILS , SEE NOTE NO . S - 07 SEE NOTE NO , 5 8 THE DETAILS FOR OPL APPROVED PROPRIETARY SYSTEMS MAY �n 4 " SCHEDULE 40 OR _ VARY , 4 " SCHEDULE 40 OR ' I SECTION A - A 80 ALUMINUM POLE In 80 ALUMINUM o In 3 . LOCATE POLES AS SHOWN IN ACCORDANCE WITH STANDARD POLE z o o I z DRAWING 656 - 15 . COLLAR ASSEMBLY o A z w z o� , z 0 PEDESTAL BASE ALUMINUM 4 , A FRANGIBLE COUPLING SYSTEM BASE CAN BE SUBSTITUTED I FOR A FRANGIBLE CAST ALUMINUM BASE , DOOR AND GROUNDING LUG SQUARE WITH ALUMINUM W � z Limp5 . ENSURE CONTROLLER CASINET , AND SECONDARY SIGNS DO NOT« < MrT , , . or, Tr cn COLLAR ASSEMBLY- w w V) PROTRUDE MORE THAN 4 INCHES HORIZONTALLY INTO JLL VL I MIL IMNU IVU I L IVU . ' w z N_ ADJACENT PEDESTRIAN CIRCULATION PATHS IN ACCORDANCE — — PEDESTAL BASE ALUMINUM WITH STANDARD DRAWING 614 1 . SQUARE WITH ALUMINUM 6 . THE HEIGHT TO THE BOTTOM OF A SECONDARY SIGN MOUNTED DOOR AND GROUNDING LUG BELOW ANOTHER SIGN MAY BE 1 FOOT LESS THAN THE HEIGHT SEE DETAIL AND NOTE N0 , 4 SHOWN PROVIDED THE CONDITIONS IN NOTE NO , 4 ARE MET , ° m • . v ] ; " • 0 7 . USE STEEL CONDUIT ELBOWS 1N CONCRETE BASES AND TO ANCHOR BOLTS ° ! ; " ,Q ° RURAL SECTION EXTEND ELBOWS BEYOND CONCRETE FOUNDATION , FOUNDATION SEE ]' � ' � 8 . TERMINATE SPARE STUB OUTS WITH A STEEL COUPLING AND STD . DWG . 656 = 3 • 0 ' • p: ` v FOUNDATION - SEE PLASTIC PUSH PLUG AT BOTH ENDS . ° URBAN SECTION "o STD . DWG . 656 - 3 9 . PROVIDE CONTROLLER CABINET ENCLOSURE APPROPRIATE FOR ANCHOR BOLTS THE WARNING BEACON SYSTEM , LOCATE CABINET AS SHOWN , VEHICLE SPEED FEEDBACK SIGN WARNING BEACON REVISIONS SCALES SHOWN IDAHO INFRASTRUCTURE English NO , DATE BY N0 . DATE BY NO . 1 DATE BY ARE FOR I1 " X 17 " PRINTS ONLY TRANSPORTATION EAGLE ROAD ( SH = 55 ) cADD FILE NAME : DEPARTMENT , FLASHING BEACONS sFILEss �j DRAWING DATE * BOISE IDAHO REQ . STANDARD DRAWINGS 656 - 3 & 656 = 15 SHEET 1 OF 1 • • eed Limits Why do we have speed limits ? Speed limits establish how fast motorists can drive in a ° manner that is safe and prudent for conditions . The posted limit is a maximum speed that is safe to drive when there are no obstacles or distractions, and the pavement is dry. scHooL Limits cannot replace common sense, so the speed motorists drive on a slick and /or wet road may be much lower than the maximum posted speed allows . Having speed limits helps law SPEED LIMIT enforcement by encouraging encoura in a safer traffic flow. EN WHEN H_ ow are speed limits set ? W fLASHING Per federal guidelines, ITD uses the 85th percentile speed of free -flowing traffic to determine a safe and reasonable speed . Traffic engineers set the speed limit at which 85 percent of the traffic is already driving at or slower. This reflects a safe speed as determined by the vast majority of drivers . Traffic limits that reflect the behavior of the majority of motorists are the most successful . Laws restricting the majority of drivers encourage - - - violations, lack support, and generally fail to produce changes in driving behavior. The speed study or " investigation" involves determining the design and UM11 location of the road . Engineers analyze lane width , pavement type and condition of the road . They also look at terrain , parking conditions, IW residential development along the road , and the number of entrances ;sue ! 00% and in tersecting streets. The study also involves looking at traffic volumes, accident frequency, /I and the effect of traffic - control devices such as stoplights and stop signs . In 2012 , the Idaho Legislature passed HB619 . It directed ITD and the i UGf�-s Idaho Transportation Board to set speed limits on state highways within .7O city limits . The legislation says, in part, " In establishing speed limits within city limits, ITD must do an investigation and base posted speeds on sound traffic engineering safety standards ' SPE LIM T Does reducing a speed limit result in safer driving conditions ? 4 Not necessarily. Reducing the speed limit below the 851h percentile speed can result in conditions that are unsafe because of speed variance between vehicles . National research shows that there are fewer accidents when speeds are set according to the 85th percentile . Studies have shown that merely reducing a speed limit has little effect on the speed motorists travel . Enforcement of the speed limit by law- enforcement agencies is essential . No published research findings link higher speed limits with more crashes . Idaho Transportation Department I P.O. Box 7129, Boise, ID 83707 1208- 334 - 8000 1 www.itd.idaho.gov 9/5/2023 2 Next Steps in 2023 and 2024•Proposal and benefits•Options that were reviewed•55 Working Group-Update on SH•Agenda District 3 EngineerCaleb Lakey, P.E.Chief Deputy/Chief Operations OfficerDan McElhinney, P.E.September 5, 2023Meridian City Council Meeting Work Session Presentation 44-84 to SH-On Eagle Road from IState Highway 55 Safety Review 1 1 9/5/2023 4 below the posted limits.peak hours were -observed during peak and offpercentile speeds th apparent, as the average 85Based on the review, revising speed limits is not •National research results show fewer accidents•Avoid speed variance between vehicles•the highway conditions drivers are experiencingdetermined by a vast majority of drivers based on Helps determine a safe and reasonable speed as •cannot be arbitrarily set-than posted speed limitflowing traffic at or slower -Percentile of free th 85•207)-Speed Limits Fact Sheet (Idaho Code 49 Reviewing Speed Limit Study per Code 3 2023July –sent to the City Proposal updated and draft –Spring briefing with Mayor, requested 45 mph signs–(Handout today)Fall 2022 meetings and December Safety Plan –Traffic Operational and Engineering reviews•Idaho Transportation Department–Idaho State Police–Ada County Highway District–City of Eagle–City of Boise–City of Meridian–55 Working Group Update-SH 2 9/5/2023 6 10pm-14 minutes between 8-10–6pm-23 minutes between 3-16–9 am-16 minutes between 7-11–Travel times for the 7 miles:•Projected to be 73,500 in 2040 •Peak hour traffic volume over 4,200•57,500 (north of Franklin)–Eagle Rd •55 Eagle Road-Counts on SHAverage Daily and Peak Hour Traffic 44-SH84-I 40 mph55 mph50 mph N ChannelUS 20/26FairviewNB kcitsU NB 5 55 Eagle Rd-Current Speed Limits Areas on SH 3 9/5/2023 8 other stakeholders.open house to communicate to community and We also recommend City cohost with ITD an •and suggested options.City has invited us back for reports on progress •law enforcement.corridor traffic operational study and enhanced City has dedicated staff time to participate in •City Actions 7 limitsChindenMajority are within Franklin to -Luke’s84 ramps/St. -Highest crash rate area near I-8% failure to yield-31% distracted driving-75% crashes are at intersections-Each year about -lane highway serving as a regional arterial road-6Low overall percentage for this traffic volume and -yearNumber of crashes are fairly consistent year over --Review of Crash Data 2017 4 9/5/2023 limit sign locations on the corridor.Vehicle speed feedback signs will be installed at posted speed •55-6pm weekdays during peak hour traffic volumes on SH-9am and 4-Solar powered beacons flashing between 7am•US 20/26 -ChindenBetween E Franklin Road and •“Watch for Stopped Traffic” with advisory (45 mph) signs •Recommendation:Team considered adding 4 signals to the 16 current signals.•signalized left turns.-block un-Team considered closing 4 mid•and signals.crash information, and field reviews of the corridor intersections Team evaluated corridor traffic speed data, travel time data, •10 Proposal Summary 9 Signage:Left turn*Added Drafted this proposal to enhance safety on the corridor–COMPLETE–Enhanced enforcement in September ‘22 –COMPLETE-and McMillan Ustickturn loon project at -U–COMPLETE-Corridor paving and restripe project –COMPLETE-lane widening project rd 3–COMPLETE-Signage review and updates* –Recently completed and ongoing efforts:•ITD Actions 5 9/5/2023 12 Proposal Advisory Speed Sign with Beacons 11 Feedback and Advisory Signs–Proposal 6 9/5/2023 Speed feedback sign is typical and will be placed on all corridor Speed Limit signs.14 and Advisory SignsProposal Location of Feedback 13 Proposal Speed Feedback Sign 7 9/5/2023 16 Update the Idaho Transportation Board this fall•proposalWith working group partners, develop final details on the •signal timing and travel speedsITD and ACHD meeting in late September to review ACHD •Performance Measures (ATSPM) to the corridor.upgrade detection and add Automated Traffic Signal timing project currently happening. $500k -ACHD Signal re•and provide a summary by October 15Review any suggestions or requests from today’s meeting •Next Steps 15 corridor will be monitored by ACHD, ISP and ITDSafety emphasis will have higher visibility and the •55 -and mobility benefits for traffic on SHsigns on all speed limit signs have operational Advisory 45 MPH Beacons and Speed Feedback •Adaptable as traffic conditions warrant•Enhances driver awareness and safety•Benefits 8 9/5/2023 18 Sign panels from shop Dave K(FAQs with Speed Limit map)Speed Limit Fact SheetTeam Scope summary Dec 22Exhibits planned:End Slides 17 Thank you 9 9/5/2023 20 32,500 (East of Eagle Rd)–44 -SH•25,500 (near Eagle Rd)–Chinden•28,000 (near Eagle Rd)–Fairview •24,500 -Broadway •57,500 (just north of Franklin)–Eagle Rd •Traffic Counts ADT 2021 19 APPENDIX 10 9/5/2023 Estimated FreeflowPeak onlyAll Southbound I84Franklin toFranklinFairview toFairviewUstick toto UstickMcMillanMcMillanChinden toto ChindenColchesterWood& IslandBoise River70.060.050.040.030.0 20.010.00.0Estimated FreeflowPeak onlyAll Northbound I84Franklin toFranklinFairview toFairviewUstick toto UstickMcMillanMcMillanChinden toto ChindenColchesterWood& IslandBoise River70.060.050.040.030 .020.010.00.0 22 Additional Data Collection 21 Additional Data Collection 11 85th PercentileOver 60 mphOver 70 mph SegmentDirectionDateWeekdayWeekendAllAll w/out peaks*Estimated FreeflowPeaks onlyTotalPercentageTotalPercentage Boise River & Island WoodNB1/24/2023x50.951.455.150.91580.80%30.02% Boise River & Island WoodNB2/11/2023x52.256.12571.60%90.06% Boise River & Island WoodSB1/24/2023x53.253.455.8532201.20%20.01% Boise River & Island WoodSB2/11/2023x55.4574592.80%70.04% Colchester to ChindenNB1/24/2023x56.456.558.356.17794.10%170.09% Colchester to ChindenNB2/11/2023x58.259.713738.20%400.20% Colchester to ChindenSB1/24/2023x57.357.860.856.313277.10%390.20% Colchester to ChindenSB2/17/2023x55.657.41901.20%80.05% Chinden to McMillanNB1/24/2023x53.554.257.751.64612.60%1070.60% Chinden to McMillanNB2/11/2023x54.558.15383.30%1050.60% Chinden to McMillanSB1/24/2023x5555.257.254.74752.70%190.10% Chinden to McMillanSB2/11/2023x54.356.53071.90%120.07% McMillan to UstickNB1/24/2023x51.85256.351.22661.30%100.05% McMillan to UstickNB2/17/2023x5356.63611.90%150.08% McMillan to UstickSB1/24/2023x5454.457.553.55022.40%210.10% McMillan to UstickSB2/11/2023x53.557.54522.30%120.06% Ustick to FairviewNB1/24/2023x51.650.755.553.33611.70%120.06% Ustick to FairviewNB2/11/2023x50.655.43291.50%210.10% Ustick to FairviewSB1/24/2023x54.454.656.954.36883.10%220.10% Ustick to FairviewSB2/11/2023x52.957.35572.70%320.20% Fairview to FranklinNB1/24/2023x47.648.150.546.1390.17%30.01% Fairview to FranklinNB2/11/2023x49.552.21950.80%90.04% Fairview to FranklinSB1/23/2023x54.554.856.754.36883.00%420.19% Fairview to FranklinSB2/11/2023x51.553.93061.40%1130.50% Franklin to I84NB1/23/2023x47.347.65046740.30%30.01% Franklin to I84NB2/11/2023x48.351.21150.50%60.03% Franklin to I84SB1/23/2023x46.446.749.445.4510.20%70.03% Franklin to I84SB2/11/2023x47.951.91330.60%140.07% Peaks: 6-9, 16-18 * removed speeds <1 9/5/2023 2021-*Crash data 2017 PassengerCMV(over 10 instances)Contributing: CMV, Passenger cars-Crash 101011121820304044465612414825147076131411268007006005004003002001000 242021-*Crash data 2017 MotorcycleBicyclePedestrian Contributing: Ped, bike, MC-Crash 1111122449181511312711149876543210 23 12 9/5/2023will be needed.will look at. 5.5 million, hundreds of hours and several consultants analysis needed. Eagle Rd is one of the coordinated corridors they beneficial everywhere. Extensive signal timing and corridor ACHD is working on a plan for installation across Ada County. Not •implementation.Implementation relies heavily upon the locations and extent of •Ped Crossings.Currently Eagle Rd has 1 at Hobble Creek for the East and West •26 LPI–Leading Pedestrian Interval 8:30)-Could have others if near school (maybe 8•1 plan (same as off peak Sat), Free–Sunday •Off peak, Midday Peak, Free–Saturday •PM Off Peak, and FreeAM Peak, Midday Peak, Midafternoon Peak, PM Peak, –Weekday •Fairview –Current timing plans •signal timingITD and ACHD meeting in late September to review ACHD •Measures (ATSPM) to the corridor.detection and add Automated Traffic Signal Performance timing project currently happening. $500k upgrade -Signal re•25 Signal Timing 13 9/5/2023 FairviewSH 44US 20/26McMillianUstickNBSB kcitsU NB 28 58 mph–SB 54 mph–NB 8 AM-7WORKZONE57 mph –58 mph SB –57 mph SB –46 mph SB –SB 59 mph–57 mph NB –53 mph NB –56 mph NB –NB 9:30 PM-7 Speed Limits/Speed Checks additional 2 ¾ min delay–**If posted at 40 mph and people travel 40 mph *Collected Wed 1/25/23, Thurs 1/26/23, Tues 1/31/23, and Wed 2/1/23 13.1 (run 4)10.6 (run 3)11.88SB10 PM-813.5 (run 3)11.19NB10 PM-8close)22.9 (run 2,3,4,6 close)18.1 (run 8, 1 and 5 218SB6 PM-322.7 (run 8)16.6 (run 1)19.58NB6 PM-313.6 (run 5)10.7 (run 4)12.86SB9 AM-716.6 (run 7)10.8 (run 4)13.47NB9 AM-7Slowest (min)Fastest (min)(min)Avg Time Runs# Of DirectionTime 27 44 6.93 miles-Overland to SH–Travel Time 14 9/5/2023 30 32,500 (East of Eagle Rd)–44 -SH•25.5 (near Eagle Rd)–Chinden•28,000 (near Eagle Rd)–Fairview •24,500 -Broadway •57,500 (just north of Franklin)–Eagle Rd •Traffic Counts ADT 2021 29 Changing or restricting access has consequences•Parcels cannot be denied access to property.–Minimum distances between access points. –Take from local road if possible. –IDAPA is the policy used. •Case by case basis•Access 15 9/5/2023 A Injury#1 lane stopped, #2 lane impactSB Left1/18/2021C Injury#1 lane stopped, #2 lane impactNB Left6/18/2019C Injuryfailure to yieldSB Uturn to NB1/2/2019Prop Dmg#1 lane stopped, #2 lane impactNB Left6/6/2018Injury TypeDescriptionDirectionDate W Meadowdale Dr. (NB/SB Left)B injuryfailure to yield SB Left7/15/2021Prop Dmg2 lanes stopped, gap, #3 lane impactSB Left11/5/2020B injuryfailure to yield, alcohol involvedSB Left6/22/2020A injuryFailure to yield, high speed turnSB Left2/6/2019Injury TypeDescriptionDirectionDate Lanark (SB Left only)32 Unsignalized Left Turns B InjuryFailure to yield, #1 lane impactSB Left3/29/2019Prop Dmg#1 lane stopped, #2 lane impactNB Left12/15/2018B Injury#1 lane stopped, #2 lane impactNB Left8/25/2018Prop DmgFailure to yield, #1 lane impactNB Left4/9/2018Prop DmgFailure to yieldNB Left12/11/2017A InjuryFailure to yieldSB Left1/27/2017Prop DmgFailure to yieldNB Uturn to SB9/7/2016Injury TypeDescriptionDirectionDate Baldcypress (NB/SB Left)C Injury2 lanes stopped, gap, #3 lane impactSB Left4/27/2021Prop Dmg#1 lane stopped, #2 lane impactSB Left11/10/2017C Injury2 lanes stopped, gap, #3 lane impactSB Left6/30/2017Prop Dmgfailure to yield , #3 lane impactSB Left5/14/2017Prop Dmgfailure to yield , excess speedSB Left9/8/2016Injury TypeDescriptionDirectionDate Presidential (SB Left only)Jan 1, 2016 to Nov 9, 2021 31 Unsignalized Left Turns 16 9/5/2023 34 total of $54K2 bridge crossings were constructed in 1930 for a •84 to connect as it is today.-55 added portion from Fairview to I-•55-History of Eagle Road, SH 33 Additional ISP patrols–and McMillian, and mid block., Ustickloons at uturnlane, repaving, adding rd Signs, 3–Underway now or complete already•, close access, etc. Multiagencydmsmessage, Evaluate entire corridor operations, variable –Corridor operational study•Looking Forward 17 9/5/2023 36 84-I EagleVillage 35-Current Surroundings 18 9/5/2023 3837 19 9/5/2023 LanesTurn Ustick 40 System installed May 2022ACHD,–Measures System Automated Signal Performance Responsive to Change 39 Responsive to Change 20 9/5/2023 FairviewSH 44US 20/26McMillianUstickNBSB kcitsU NB 42 58 mph–SB 54 mph–NB 8 AM-7WORKZONE57 mph –58 mph SB –57 mph SB –46 mph SB –SB 59 mph–57 mph NB –53 mph NB –56 mph NB –NB 9:30 PM-7 Speed Checks 41 2015-Access Control Medians added 2013 Responsive to Change 21 9/5/2023 44 2021 ChindenFranklin to Crashes 43 163 7.84%Failure to Yield Review of Crash Data 22 9/5/2023 46 Under Construction–16 -SH•32,500 (East of Eagle Rd)–44 -SH•25,500 (near Eagle Rd)–Chinden•28,000 (near Eagle Rd)–Fairview •24,500 -Broadway •57,500 (just north of Franklin)–Eagle Rd •Traffic Counts ADT 2021 45 5 years and 74.2 in 2020.over the last 65.8520) was -90 and SR-5, I-and highways excluding ITo compare, Seattle’s overall crash rate (arterials, major arterials, •for the last 5 years.40.944 is -84 to SH-Crash rate from I•rate.crash 80.3for segments in Idaho at #262 St Luke. It is –View Drive ramp to Magic -84 off-55 is from WB I-Highest crash rate on SH•ADT 28k, curb gutter sidewalk, and county road–Fairview –ADT 24.5k, curb gutter sidewalk–Broadway –Rural Drainage, ADT 2021 50k+–Eagle –55 (Eagle) compare? -How does SH•Crashes 23 9/5/2023 with injury.Most have resulted in property damage and some –yield”Types vary some, but commonality is a “failure to –7 crashes at each-4–•block accesses-6 channelized mid–ChindenBetween Franklin and •48 Unsignalized Left Turns 47 Changing or restricting access has consequences•Parcels cannot be denied access to property.–Minimum distances between access points. –Access from local road, if possible, for safety and mobility. –IDAPA is the policy used. •Case by case basis•Teamwork with the city and business/development•Access 24 9/5/2023 50 Access control•Visual messaging (digital boards, striping, signage)•Speeds•Things that will be considered:–Update Council by next spring–teamReview the corridor with ISP, ACHD, Meridian –Corridor operational study•Summary and Next Steps 49 road is best, but we will continue to adjust.backagecrucial. Access from local, frontage, or Land use planning and forethought is -Access •similar roadways in the country.Crash statistics are not unreasonable compared to •suggest a speed change is warranted.Speed checks completed this summer don’t •Summary and Next Steps 25 E IDIAN.;--- AGENDA ITEM ITEM TOPIC: Department Reports w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Proposed Solid Waste Fee Increases Proposed Fee Notice: https:Hbit.ly/47suhym PUBLIC HEARING SIGN IN SHEET DATE: September 5, 2023 ITEM # ON AGENDA: 23 PROJECT NAME: Proposed Solid Waste Fee Increases Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please I provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 4:30 p.m., on Tuesday, September 5, 2023, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed fee increases as set forth below. Further information is available at the Public Works Department, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed fee increases: Description Current Proposed Fee Fee 95 gallon service (includes 1 recycling cart) 22.60 24.27 65 gallon service (includes 1 recycling cart) 20.22 21.68 48 gallon service (includes 1 recycling cart) 17.84 19.11 Extra Carts (per cart per month) 2.71 2.90 Cart Pickup/Upsize Exchange fee (per event) 16.13 17.28 Cart Delivery(free) 0.00 0.00 Carry Out Service 38.00 40.69 Delivery Charge 12.12 12.98 1, 95 gallon cart(1 x per week) 34.92 37.44 1, 95 gallon cart(2 x per week) 66.00 70.80 1, 95 gallon cart (3 x per week) 97.06 104.14 2, 95 gallon cart(1 x per week) 69.86 74.93 2, 95 gallon cart(2 x per week) 132.03 141.64 2, 95 gallon cart(3 x per week) 194.13 208.28 3, 95 gallon cart(1 x per week) 104.79 112.40 3, 95 gallon cart(2 x per week) 198.03 212.47 3, 95 gallon cart(3 x per week) 291.18 312.43 Container Delivery Svc (2,3,6,8 yd options) 27.64 29.60 Lid Lock Installation(2,3,6,8 yd options) 52.06 55.75 Monthly Lock Service (2,3,6,8 yd options) 15.01 16.07 2 yd(Extra Dump) 28.36 30.41 3 yd(Extra Dump) 38.58 41.40 6 yd(Extra Dump) 56.00 60.15 8 yd(Extra Dump) 72.03 77.38 2 yd(1 x per week) 115.78 124.26 2 yd(2x per week) 165.09 177.36 2 yd(3x per week) 213.53 229.53 2 yd (4x per week) 286.47 307.93 2 yd (5 x per week) 359.26 386.17 2 yd(6 x per week) 432.09 464.46 3 yd(1 x per week) 120.28 129.21 3 yd(2 x per week) 194.45 209.08 3 yd(3 x per week) 268.75 289.09 3 yd(4 x per week) 354.05 380.88 3 yd(5 x per week) 465.69 500.87 3 yd(6 x per week) 564.19 606.79 6 yd(1 x per week) 187.23 201.36 6 yd(2 x per week) 301.72 324.84 6 yd(3 x per week) 416.08 448.20 6 yd(4 x per week) 554.80 597.64 6 yd(5 x per week) 693.60 747.15 6 yd(6 x per week) 832.30 896.58 8 yd(1 x per week) 222.00 238.89 8 yd(2 x per week) 344.22 370.95 8 yd(3 x per week) 465.08 501.55 8 yd(4 x per week) 601.54 648.86 8 yd(5 x per week) 746.93 805.74 8 yd(6 x per week) 885.84 955.67 8 yd(7 x per week) 1355.90 1460.23 2 yd (base price per pickup per week) 68.52 73.67 3 yd (base price per pickup per week) 94.81 101.97 4 yd (base price per pickup per week) 121.58 130.78 5 yd (base price per pickup per week) 148.39 159.64 6 yd (base price per pickup per week) 174.50 187.75 8 yd (base price per pickup per week) 234.29 252.08 3 yd Haul Svc (Municipal Solid Waste) 47.72 51.54 3 yd Haul Svc (Construction and Demolition) 129.30 138.91 3 yd(Monthly Rent) 29.07 31.12 3 yd(Daily Rent) 0.95 1.03 Container Delivery Charge (3,5,6,8 yd options) 27.64 29.60 3 yd(Extra Dump) 19.95 21.42 3 yd(Every Other Week) 58.51 62.76 3 yd(1 x week) 73.26 78.67 3 yd(2 x week) 129.28 138.90 3 yd(3 x week) 185.34 199.16 3 yd(4 x week) 241.38 259.40 3 yd(5 x week) 297.41 319.63 5 yd(Extra Dump) 27.16 29.17 5 yd(Every Other Week) 80.45 86.35 5 yd(1 x week) 111.63 119.93 5 yd(2 x week) 187.58 201.64 5 yd (3 x week) 263.00 282.80 5 yd(4 x week) 338.67 364.22 5 yd(5 x week) 414.35 445.64 6 yd(Extra Dump) 33.02 35.46 6 yd(Every Other Week) 95.40 102.39 6 yd(1 x week) 118.63 127.50 6 yd(2 x week) 212.09 228.04 6 yd(3 x week) 305.53 328.56 6 yd(4 x week) 398.99 429.11 6 yd(5 x week) 492.46 529.67 8 yd(Extra Dump) 45.11 48.45 8 yd(Every Other Week) 113.26 121.59 8 yd(1 x week) 141.83 152.49 8 yd(2 x week) 258.12 277.64 8 yd(3 x week) 374.41 402.79 8 yd(4 x week) 490.75 527.99 8 yd(5 x week) 609.15 655.39 95 gallon carts (1 cart/week) 15.33 16.46 95 gallon carts (2 cart/week) 24.34 26.14 95 gallon carts (3 cart/week) 33.34 35.82 95 gallon carts (4 cart/week) 42.36 45.51 95 gallon carts (5 cart/week) 51.34 55.18 Container Delivery Svc 6 - 10 yd 27.94 29.92 6 - 10 yd containers (Haul Svc) 124.69 133.50 6 yd Disposal Fee (Municipal Solid Waste) 30.74 33.92 6 yd Disposal Fee (C&D/Compacted) 30.74 33.92 6 yd(Monthly Rent) 61.76 66.13 6 yd(Daily Rent) 2.04 2.18 8 yd Disposal Fee (Municipal Solid Waste) 30.74 33.92 8 yd Disposal Fee (C&D/Compacted) 30.74 33.92 8 yd(Monthly Rent) 80.05 85.72 8 yd(Daily Rent) 2.64 2.82 10 yd Disposal Fee (Municipal Solid Waste) 30.74 33.92 10 yd Disposal Fee (C&D/Compacted) 30.74 33.92 10 yd(Monthly Rent) 89.21 95.53 10 yd(Daily Rent) 2.93 3.13 Container Delivery Svc 20 - 40 yd 27.94 29.92 20 -40 yd screen lid 44.91 48.09 20 -40 yd containers (Haul Svc) 404.90 433.58 20 -40 yd containers (Haul Svc for Asbestos -Ada County) 351.42 376.33 20 -40 yd containers (Certification fee Asbestos - Ada County) 23.32 25.73 20 -40 yd containers (Haul Svc for Asbestos - Idaho Waste 351.42 376.33 Systems) 20 yd Disposal Fee (Municipal Solid Waste) 30.74 33.92 20 yd Disposal Fee (C&D/Compacted) 30.74 33.92 20 yd Disposal Fee (Asbestos -Ada County Landfill) 30.74 33.92 20 yd Disposal Fee (Asbestos - Idaho Waste Systems) 800.00 882.76 20 yd (Monthly Rent) 102.57 109.84 20yd(Daily Rent) 3.38 3.61 30 yd Disposal Fee (Municipal Solid Waste) 30.74 33.92 30 yd Disposal Fee (C&D/Compacted) 30.74 33.92 30 yd Disposal Fee (Asbestos -Ada County Landfill) 30.74 33.92 30 yd Disposal Fee (Asbestos - Idaho Waste Systems) 1200.00 1324.14 30 yd(Monthly Rent) 125.36 134.24 30 yd(Daily Rent) 4.11 4.41 40 yd Disposal Fee (Municipal Solid Waste) 30.74 33.92 40 yd Disposal Fee (C&D/Compacted) 30.74 33.92 40 yd Disposal Fee (Asbestos -Ada County Landfill) 30.74 33.92 40 yd disposal Fee (Asbestos - Idaho Waste Systems) 1600.00 1765.52 40 yd(Monthly Rent) 143.26 153.41 40 yd(Daily Rent) 4.71 5.04 20yd compactor Disposal Fee 30.74 33.92 25yd compactor Disposal Fee 30.74 33.92 30yd compactor Disposal Fee 30.74 33.92 40yd compactor Disposal Fee 30.74 33.92 Container Delivery Svc 6 - 10 yd 27.94 29.92 6 - 8 yd containers (Haul Svc) 69.05 73.95 6 yd Disposal Fee (Wood) 30.74 33.92 6 yd Disposal Fee (Sheetrock) 30.74 33.92 6 yd Disposal Fee (Clean Rock, Gravel, etc.) 30.74 33.92 8 yd Disposal Fee (Wood) 30.74 33.92 8 yd Disposal Fee (Sheetrock) 30.74 33.92 8 yd Disposal Fee (Clean Rock, Gravel, etc.) 30.74 33.92 10 yd Disposal Fee (Wood) 30.74 33.92 10 yd Disposal Fee (Sheetrock) 30.74 33.92 10 yd Disposal Fee (Clean Rock, Gravel, etc.) 30.74 33.92 Container Delivery Svc 20 - 40 yd 27.94 29.92 20 -40 yd Wood, Sheetrock, Clean Rock 156.26 167.34 20 yd Disposal Fee (Wood) 30.74 33.92 20 yd Disposal Fee (Sheetrock) 30.74 33.92 20 yd Disposal Fee (Clean Rock, Gravel, etc.) 30.74 33.92 30 yd Disposal Fee (Wood) 30.74 33.92 30 yd Disposal Fee (Sheetrock) 30.74 33.92 30 yd Disposal Fee (Clean Rock, Gravel, etc.) 30.74 33.92 40 yd Disposal Fee (Wood) 30.74 33.92 40 yd Disposal Fee (Sheetrock) 30.74 33.92 40 yd Disposal Fee (Clean Rock, Gravel, etc.) 30.74 33.92 Processing per loose yard(as applicable) 1.16 1.26 Processing per compact yard as applicable) 2.32 2.52 Container Delivery Svc 6 - 10 yd 27.94 29.92 6 - 10 yd containers (Haul Svc) 69.05 73.94 6 yd (Monthly Rent) 61.76 66.13 6 yd(Daily Rent) 2.04 2.18 8 yd(Monthly Rent) 80.05 85.72 8yd(Daily Rent) 2.64 2.82 10 yd(Monthly Rent) 89.21 95.53 10 yd(Daily Rent) 2.95 3.16 Contain Deliver Svc 20 -40 yd 27.94 29.92 20- 40 yd containers (Haul Svc) 156.26 167.34 20 yd(Monthly Rent) 102.57 109.84 20 yd(Daily Rent) 3.38 3.61 30 yd(Monthly Rent) 125.36 134.24 30 yd(Daily Rent) 4.11 4.41 40 yd(Monthly Rent) 143.26 153.41 40 yd(Daily Rent) 4.71 5.04 15 -40 yd Compactors (Haul Svc) 156.26 167.34 Tires 9 (ea.)up to 16 inch 6.73 7.20 Freon-containing units/appliances 64.05 68.59 Non-Freon units/appliances 18.16 19.45 Special Collection(for each increment of 10 minutes) 25.67 27.49 Bulky Item Pickup (per item) 18.16 19.45 Extra Pickup/Go Back(per occurrence) 12.95 13.85 Relocation(all sizes) - Commercial/Industrial 27.94 29.92 Turnaround compactor fee -Commercial/Industrial 19.60 20.99 Weekend Charge - Industrial 79.32 84.94 Pressure Wash- Industrial 233.85 250.42 Dry Run- Industrial & commercial containers, compactors 119.05 127.49 Commercial Combo Lock Replacement 33.32 35.68 Extra Yard(Overload Each yd) 17.76 19.27 DATED this 20th day of August, 2023. Chris Johnson, CITY CLERK PUBLISH on August 20, 2023 and August 27, 2023. W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2023: An Ordinance in accordance with Idaho Code sections 50-328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1, 2023. CITY OF MERIDIAN ORDINANCE NO. 23-2023 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE SECTIONS 50-328, 50-329 AND 50-329A GRANTING A FRANCHISE TO IDAHO POWER COMPANY, A CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS,TO CONSTRUCT,MAINTAIN AND OPERATE IN AND UPON THE PRESENT AND FUTURE STREETS, HIGHWAYS AND OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF 10 YEARS, INCLUDING THE NONEXCLUSIVE RIGHT TO PHYSICALLY LOCATE AND MAINTAIN TELEPHONE, CABLE, FIBER OPTICS OR OTHER COMMUNICATIONS FACILITIES; SETTING FORTH AN AGREEMENT NOT TO COMPETE, BUT RESERVING THE POWER OF EMINENT DOMAIN; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES; SPECIFYING OTHER LIMITATIONS, TERMS AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO THAT: SECTION 1. The City of Meridian, Idaho(hereinafter called the"City")hereby grants to IDAHO POWER COMPANY, a corporation, and to its successors and assigns (hereinafter called the "Grantee") the right (subject to the rights of the City set forth in Section 14 hereof), privilege and franchise for a period of ten(10)years from and after November 1, 2023 (the effective date of this ordinance),however,with the right to amend by mutual agreement in accordance with Section 15, to construct, maintain and operate in and upon the present and future streets, alleys, highways and other public places within the corporate limits of the City,electric utility property and facilities for supplying electricity to the City, and the inhabitants thereof, and to persons and corporations beyond the limits of the City, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities of the Grantee or other parties, (provided, that Grantee shall comply with the City's requirements for cable system franchises) all subject to the terms and conditions hereinafter specified. In the case of annexation of property to the corporate limit, such area will be considered under this ordinance, upon effective date of the annexation, subject to Section 9 hereof. All such electric utility property and facilities now maintained by the Grantee within the streets, alleys, highways and other public places within the corporate limits of the City shall be deemed covered by this ordinance as provided herein. SECTION 2. All of the Grantee's electric property and facilities in and upon the present and future streets, alleys, highways and public places within the corporate limits of the City shall be constructed and at all times maintained in good order and condition and in accordance with standard engineering practices and all applicable safety codes and lawful governmental 1 regulations, including all applicable state and federal regulations and all construction standards presently in effect by the Idaho Public Utilities Commission or adopted by that Commission during the term of this franchise. SECTION 3. Upon request of the City,the Grantee shall relocate its facilities as necessary within the present and future streets, alleys, highways and other public places owned by the City. The City shall have no responsibility for the costs of such relocations. The Grantee shall bear the cost of relocating its facilities at the City's request, unless the facilities are to be relocated for the benefit of a third party, in which case the third party shall pay the costs of relocation. In the event federal, state or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. SECTION 4. It shall be lawful for the Grantee to make all needful or convenient excavations and/or installations in any of the present and future streets, alleys,highways and other public places within the corporate limits of the City for the purpose of erecting and maintaining the posts, poles, towers, or other supports for its wires or for the purpose of laying, maintaining and operating conduits, vaults and wires and other conductors underground for the purpose aforesaid, or to repair and improve such electric power and light system and to extend the same; provided that when the Grantee or any person or corporation under the authority of this franchise, shall disturb any of said streets, alleys,highways or other public places for the purposes aforesaid, he, it or they shall restore the same to good order and condition as soon as practicable and without unnecessary delay and failing to do so after five days' notice from the City, or its duly authorized officer or officers, then the City may place said street, alley, highway or public place in such condition at the cost and expense of the Grantee, and said Grantee will forthwith pay the full cost and expense thereof upon demand of the City. All facilities constructed under this ordinance shall be placed and maintained at such places and positions in or upon such public ways and public places as shall not interfere with the passage of traffic and shall conform to all applicable laws, rules and regulations. SECTION 5. The City shall have the right and privilege to string and maintain wires for the City's internal communications upon the Grantee's poles and other facilities located within the corporate limits. If the City wishes to attach City communications facilities to Grantee's poles and related facilities, the parties will enter into the standard Idaho Power Facilities Attachment Agreement, which sets forth the terms and conditions for third-party attachments to Grantee's poles and related facilities, including without limitation facility attachment fees, safety requirements, clearance requirements, and make-ready obligations. SECTION 6. The Grantee shall at all times indemnify and hold the City, its officers, employees, and agents harmless from any and all expenses or liability arising from, and against or by reason of any negligent act or omission of the Grantee, its representatives or employees, in the construction,operation or maintenance of any of the Grantee's electric utility property or facilities. SECTION 7. Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a Certificate of Insurance evidencing 2 General Liability Insurance which covers claims for Bodily Injury,Property Damage and Personal Injury. Such insurance shall have minimum limits of$1,000,000 per occurrence. The City of Meridian shall be named as an "Additional Named Insured" under Grantee's insurance policy. Should the minimum limits of insurance as set forth herein be increased above $1,000,000, pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. seq.) or any similar legislation, the Grantee shall be required to provide the City with a new Certificate of Insurance evidencing the higher limits upon the City's request. SECTION 8. The electric service to be furnished to the public hereunder, and all rates and charges therefore, and all regulation of the Grantee hereunder, shall at all times be subject to all rules, regulations and orders that may be lawfully prescribed by the Idaho Public Utilities Commission or by any other governmental authority now or hereafter having jurisdiction over such matters. During the term of this franchise, Grantee shall at all times assure that customers within the City have access to customer service from the Grantee as required by the Idaho Public Utilities Commission. SECTION 9. As compensation for the right, privilege and franchise hereby granted, Grantee agrees to pay to the City on or before the 30th day of January, April, July and October, an amount equivalent to one percent (1%) of Grantee's "gross revenues" for the preceding calendar quarter. For purposes of this Section, "gross revenues" shall mean the amount of money billed by the Grantee for the electricity it sells within the corporate limits of the City to customers, less uncollectibles. The City shall provide appropriate information to the Grantee to allow the Grantee to identify which of its customers are located within the corporate limits of the City for purposes of paying franchise fees. Grantee shall not be responsible for any failure to pay franchise fees which results from deficiencies in such information provided by the City. In the event the City annexes a new area into its corporate limits, the terms of this Section 9 regarding franchise fees shall not apply to the annexed area until sixty (60) days after the City has supplied the Grantee with appropriate information for the identification of the Grantee's customers within the annexed area. The Grantee's franchise fee payment obligations hereunder shall commence with the start of the Grantee's first full billing cycle following the effective date of this ordinance;provided,that the Grantee must first receive approval from the Idaho Public Utilities Commission for the collection of the franchise fee in the rates charged by Grantee. SECTION 10. The City shall have the right during the term of this franchise to increase the franchise fee hereunder up to three percent (3%), by obtaining the consent of the Grantee or the approval of a majority of voters of the City voting on the question at an election held in accordance with chapter 4, title 50, Idaho Code. Any such vote to increase the franchise fee hereunder shall provide that the increased franchise fee will apply to any electric service provider (other than the City) who utilizes the City's streets, alleys or other public places to provide electrical service within the City, during the term of this franchise. SECTION 11. The Grantee shall keep accurate books of account for the collection of the franchise fees for a period not to exceed three years hereunder and the City shall have the right to 3 inspect the same at all times during business hours, and from time to time audit the same for the purpose of determining gross revenues under Section 9 above. SECTION 12. The franchise fees paid by the Grantee hereunder will be in lieu of and as payment for any tax or fee imposed by the City on the Grantee by virtue of its status as a public utility including, but not limited to, taxes, fees or charges related to easements, franchises, rights- of-way, utility lines and equipment installation, maintenance and removal during the term of this franchise. SECTION 13. The Grantee shall have the right and privilege, insofar as the City is able to grant the same, in accordance with National Arborist Association standards, of the pruning of all trees which overhang the present and future streets, alleys,highways and other public places within the corporate limits of the City, in such a manner and to such extent as will prevent the branches or limbs or other parts of such trees from touching or interfering with its wires, poles and other fixtures and equipment. However,except in an emergency,no pruning shall be undertaken without giving the occupant of the adjacent property written or oral notice that such pruning will be performed. SECTION 14. In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof,the City agrees not to engage in the business of providing electric service during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. The City shall not grant a franchise to another electric service provider during the term of this franchise unless the electric service provider has received approval to provide electrical service within the City from the Idaho Public Utilities Commission, and the City has imposed the same franchise fee on the electric service provider as paid by the Grantee. SECTION 15. In the event of an amendment to the laws, rules or regulations of the City of Meridian, the State of Idaho, or the Public Utilities Commission of Idaho applicable to this franchise, or for periodic review of any section of this franchise, the terms of this franchise and the rights and privileges hereby conferred may be changed, altered, amended or modified upon mutual agreement between the City and the Grantee. In all cases, 60 days notice shall be required on the part of City or Grantee to reopen the franchise pursuant to this section. SECTION 16. Any violation by the Grantee of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder by the City after sixty (60) days' written notice to the Grantee and the continuance of such violation, failure or default; however, this provision shall not prevent the Grantee from submitting such question of violation or forfeiture to the appropriate forum (which may include the district court having jurisdiction or the Idaho Public Utilities Commission) for determination. SECTION 17. Sale, assignment or lease of this franchise is prohibited without notification and approval by the City. 4 SECTION 18. The Grantee shall assume the cost of publication of this franchise as such publication is required by law. SECTION 19. The Grantee shall within thirty (30) days after final passage of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. If the Grantee does not timely file said acceptance, the Grantee shall forfeit all rights and privileges delineated herein, and the City shall have the right to repeal this ordinance. SECTION 20. The existing franchise between the City and Grantee set forth in Ordinance No. 800, passed and adopted October 6, 1998, shall terminate upon the effective date of this ordinance. SECTION 21. Inasmuch as the Grantee has constructed and now is maintaining and operating the electric utility property and facilities in and upon the streets, alleys, highways, and public places in the City, it is hereby adjudged and declared that this ordinance is necessary for the preservation of the public peace, health and safety, and therefore this ordinance shall take effect on November 1, 2023. PASSED AND ADOPTED by the Council of the City of Meridian this 5th day of September 2023. APPROVED by the Mayor this 5th day of September , 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk (Seal) 5 ACCEPTANCE IDAHO POWER COMPANY, as the franchisee, accepts the franchise set forth in the above Ordinance and agrees to abide by the terms and conditions thereof. DATED this day of , 2023. By: Adam Richins SVP & Chief Operating Officer ATTEST: Secretary (Seal) 6 STATEMENT OF MERIDIAN CITY ATTORNEY CONCERNING THE SUMMARY OF ORDINANCE NO. 23-2023 The undersigned, William L. M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and provides adequate notice to the public. DATED this day of , 2023. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2023 An ordinance in accordance with Idaho Code sections 50-328, 50-329 and 50-329A granting a franchise to Idaho Power Company, a corporation, and to its successors and assigns, to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Meridian, Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics or other communications facilities; setting forth an agreement not to compete, but reserving the power of eminent domain; providing for the payment of franchise fees; specifying other limitations, terms and conditions governing the exercise of said franchise; and establishing an effective date of November 1,2023. The full text of the ordinance is available in the City Clerk's Office at Meridian City Hall, 33 E. Broadway Ave., Meridian, Idaho. 7 w IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2034: An Ordinance of the City of Meridian, Idaho amending Ordinance No. 22-1993, the appropriation ordinance for the fiscal year beginning October 1, 2022 and ending September 30, 2023 (FY2023), by decreasing total appropriations from $219,724,039 to $217,401,857, increasing total revenue from $136,628,580 to $151,310,494, and decreasing the use of fund balance from $83,095,459 to $66,091,363; and providing an effective date. CITY OF MERIDIAN ORDINANCE NO. 23-2034 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN OVERTON, PERREAULT, STRADER AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 22- 1993, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023 (FY2023), BY DECREASING TOTAL APPROPRIATIONS FROM $219,724,039 TO $217,401,857, INCREASING TOTAL REVENUE FROM $136,628,580 TO $151,310,494, AND DECREASING THE USE OF FUND BALANCE FROM$83,095,459 TO $66,091,363; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No. 22-1993, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2022 and ending September 30, 2023 be and the same is hereby amended as follows: Capital Improvement Fund - 55 FY2023 FY2023 FY2023 Original Budget Amendments Final Budget Revenues Total Rev--l•Ue $ - $ - Expenditures Operating Administration $ - Fire $ - Police $ - Parks $ - TotalOpe rat!ng $ - $ - Capital Administration - Fire $ (35,994) $ (35,994) Police $ (77,545) $ Q7,545) Parks $ - Total Capital $ - $ (113,539) $ {113,539) Carryforward-Operating Administration $ - Fire $ - Police $ - Parks $ - Carryforward-Operating $ - $ - $ - AMENDMENT TO BUDGET ORDINANCE NO.22-1993—FY2023 Budget-Page 1 of 7 Carryforward-Capital Administration $ - Fire $ 9,551,574 $ (1,091,083) $ 8,460,491 Police $ 4,773,665 $ (65,906) $ 4,707,759 Parks $ 24,076 $ 24,076 Carryforward -Capital $ 14,349,315 $ (1,156,989) $ 13,192,326 Total Carryforward $ 14,349,315 $ (1,156,989) $ 13,192,326 Total Expenditures $ 14,349,315 $ (1,270,528) $ 13,078,787 Transfers $ $ - $ - Total Expenditures with Transfers $ 14,349,315 $ (1,270,528) $ 13,078,787 (Use)fAddition of Fund Balance $ (14,349,315) $ (13,078,787) Enferprise Fund - 60 - 65 FY2023 FY2023 FY2023 Original Budget Amendments Final Budget Revenues Water/Sewer Sales $ 29,247,953 $ 29,247,953 Other Sources $ 20,461,056 $ 352,051 $ 20,813,107 Total Revenue $ 49,709,009 $ 352,051 $ 50,061,060 Expenditures Personnel Utility Billing $ 573,640 $ 573,640 Public Works $ 5,096,175 $ 5,096,175 Water $ 2,859,585 $ 2,859,585 Wastewater $ 5,389,155 $ (1,000,000) $ 4,389,155 Total Personnel $ 13,918,555 $ (1,000,000) $ 12,918,555 Operating Utility Billing $ 795,418 $ 795,418 Public Works $ 1,080,794 $ 181,000 $ 1,261,794 Water $ 2,852,576 $ 1,211,000 $ 4,063,576 Wastewater $ 4,612,684 $ 202,700 $ 4,915,384 Total Operating $ 9,341,472 $ 1,594,700 $ 10,936,172 Total Personnel and Operating $ 23,260,027 $ 594,700 $ 23,854,727 Capital Utility Billing $ $ - Pu61ic Works $ $ - $ - Water $ 9,928,000 $ (48,000) $ 9,880,000 Wastewater $ 12,678,000 $ 354,051 $ 13,032,051 Total Capital $ 22,606,000 $ 306,051 $ 22,912,051 AMENDMENT TO BUDGET ORDINANCE NO.22-1993—FY2023 Budget-Page 2 of 7 Ca rryforward-Operating Utility Billing $ - Public Works $ 536,178 $ (271,687) $ 264,491 Water $ 254,048 $ (6,000) $ 248,048 Wastewater $ 470,256 $ (212,162) $ 258,094 Total Carryforward-Operating $ 1,260,482 $ (489,849) $ 770,633 Carryforward-Capital Utility Billing $ - Public Works $ 7,487 (7,487) $ - Water $ 9,785,407 $ (1,951,644) $ 7,833,763 Wastewater $ 26,356,159 $ (4,433,323) $ 21,922,836 Total Carryforward-Capital $ 36,149,053 $ (6,392,454) $ 29,756,599 Total Carryforward $ 37,409,535 $ (6,892,303) $ 30,527,232 Total Expenditures $ 83,275,563 $ (5,981,552) $ 77,294,010 Transfers $ 3,490,6D0 $ - $ 3,490,600 Total Expenditures with Transfers $ 86,766,163 $ (5,981,552) $ 80,784,611 (Use)/Addition of Fund Balance $ (37,057,154) $ 6,333,603 $ (30,723,551) Governmental funds - 01 ,07,08,20 FY2023 FY2023 FY2023 Original Budget Amendments Final Budget Revenues Property Taxes $ 45,556,044 $ - $ 45,556,044 Other Revenue $ 41,363,527 $ 14,329,863 $ 55,693,390 Total Revenue $ 86,919,571 $ 14,329,863 $ 101,249,434 Expenditures Personnel Administration $ 7,115,490 $ 104,200 $ 7,219,690 Fire $ 16,622,414 $ 240,547 $ 16,862,961 Police $ 25,030,255 $ 8,013 $ 25,038,268 Parks $ 5,222,622 $ - $ 5,222,622 Community Development $ 4,877,309 $ - $ 4,877,309 Total Personnel $ 58,868,090 $ 352,760 $ 59,220,850 Operating Administration $ 4,266,251 $ 13,375,203 $ 17,641,454 Fire $ 2,740,517 $ 46,372 $ 2,786,889 Police $ 4,889,646 $ 97,548 $ 4,987,194 Parks $ 3,877,288 $ 335,907 $ 4,213,195 Community Development $ 3,956,884 $ 64,464 $ 4,021,348 Total Operating $ 19,730,587 $ 13,919,493 $ 33,650,079 AMENDMENT TO BUDGET ORDINANCE NO.22-1993—FY2023 Budget-Page 3 of 7 Total Personnel and Operating $ 78,598,676 14,272,253 92,870,929 Capital Administration $ 116,735 $ 2D4,950 $ 321,685 Fire 1,050,927 $ (1D5,994) $ 944,933 Police $ 581,935 $ 151,683 $ 733,618 Parks $ 1,636,CD0 $ 3D9,918 $ 1,945,918 Community Development - Total Capital 3,385,597 $ 560,557 $ 3,946,154 Carryforward -Personnel Administration - Fire - Police - Parks - Community Development - Total Carryforward-Personnel Ca rryforward-Operating Administration 3,495,170 $ 24,334 $ 3,519,504 Fire $ 443,506 $ 115,364 $ 558,870 Police $ 44,366 $ (25,356) $ 19,010 Parks $ 904,890 $ (461,227) $ 443,663 Community Development $ 49,115 $ - $ 49,115 Total Carryforward-Operating $ 4,937,047 $ (346,885) $ 4,590,162 Carryforward-Capital Administration $ 327,251 $ (65,726) $ 261,525 Fire $ 10,06C,007 $ (1,620,934) $ 8,439,073 Police $ 5,502,846 $ (1,111,865) $ 4,390,981 Parks $ 19,287,737 $ (6,757,501) $ 12,530,236 Community Development $ - $ - $ - Total Carryforward-Capital $ 35,177,842 $ (9,556,027) $ 25,621,815 Carryforward Administration $ 3,822,421 $ (41,392) $ 3,781,C29 Fire $ 10,503,512 $ (1,505,570) $ 8,997,943 Police $ 5,547,212 $ (1,137,221) $ 4,409,991 Parks $ 20,192,627 $ (7,218,728) $ 12,973,899 Community Development $ 49,115 $ - $ 49,115 Total Carryforward $ 40,114,888 $ (9,902,912) $ 30,211,976 Total Expenditures $ 122,099,161 $ 4,929,898 $ 127,029,060 Transfers $ (3,49C,600) $ - $ (3,490,600) Total Expenditures with Transfers $ 118,608,561 5 4,929,898 $ 123,538,459 (Use)/Addition of Fund Balance $ (31,688,990) $ 9,399,965 $ (22,289,025) AMENDMENT TO BUDGET ORDINANCE NO.22-1993—FY2023 Budget-Page 4 of 7 Total Budget - All Funds FY2023 FY2023 FY2023 Original Budget Amendments Final Budget Revenues Total Revenue $ 136,628,580 $ 14,681,914 $ 151,310,494 Expenditures Total Personnel and Operating $ 101,858,704 $ 14,866,953 $ 116,725,656 Total Capital $ 25,991,597 $ 753,069 $ 26,744,666 Total Carryforward $ 91,873,739 $ (17,942,204) $ 73,931,535 Total Expenditures $ 219,724,639 $ (2,322,182) $ 217,401,857 Transfers $ $ - $ - TotaIExpenditureswithTransfers $ 219,724,039 $ (2,322,182) $ -17,40',857 (Use)/Addition of Fund Balance $ (83,095,459) 17,004,096 $ (66,091,363) Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this 5th day of September, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 5th day of September, 2023. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk AMENDMENT TO BUDGET ORDINANCE NO.22-1993—FY2023 Budget-Page 5 of 7 STATE OF IDAHO ) ) ss. County of Ada ) On this 5th day of September , 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson, known to me to be the Mayor and City Clerk,respectively, of the City of Meridian,Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public My Commission Expires: 3-28-2028 AMENDMENT TO BUDGET ORDINANCE NO.22-1993—FY2023 Budget-Page 6 of 7 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. 23-2034 An Ordinance of the City of Meridian, Idaho amending Ordinance No . 22- 1993 , the appropriation ordinance for the fiscal year beginning October 1 , 2022 and ending September 30 , 2023 (FY2023 ) , by decreasing total appropriations from $219, 724, 039 to $217,401 , 857, increasing total revenue from $ 136, 628 , 580 to $ 151 ,310,494, and decreasing the use of fund balance from $ 83 , 095 ,459 to $ 66, 091 ,363 ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . I I AMENDMENT TO BUDGET ORDINANCE NO , 224993 — FY2023 Budget - Page 7 of 7 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2035: An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of$233,617,299 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2023 and ending on September 30, 2024. To levy all such appropriate taxes and levies as authorized by law upon taxable property; and to collect all authorized revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. CITY OF MERIDIAN ORDINANCE NO. 23-2035 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE, PURSUANT TO IDAHO CODE §50-1002 AND §50-1003,PROVIDING FOR A TITLE AND FINDINGS, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF $233,617,299 TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING ON SEPTEMBER 30, 2024; TO LEVY ALL SUCH APPROPRIATE TAXES AND LEVIES AS AUTHORIZED BY LAW UPON TAXABLE PROPERTY;AND TO COLLECT ALL AUTHORIZED REVENUE; TO PROVIDE FOR A WAIVER OF THE 2ND AND 3" READINGS PURSUANT TO IDAHO CODE §50-902; AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the"2023-2024 Fiscal Year Annual Appropriation Ordinance of the City of Meridian." Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 15th day of August, 2023 for a Proposed Budget for Fiscal Year 2023-2024 (FY2024)City of Meridian, Idaho; and B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2023-2024 is correctly stated in the Adopted Budget which is herein set forth in Section 3; and C. The appropriations and sums of money as hereinafter set forth in Section 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2023-2024. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1, 2023 and ending on September 30, 2024 the following: ANNUAL APPROPRIATION ORDINANCE FY2023-2024-Page 1 of 7 Capital Improvement Fund - 55 FY2022 FY2023 FY2024 Actual Original Budget Original Budget Revenues Total Revenue $ 27,262 $ - Expenditures Operating Administration $ - Fire $ Police $ - Parks $Total Operating $ Capital Administration $ Fire $ Police $ 702,428 $ Parks $ Total Capital $ 702,428 Carryforward-Operating Administration Fire Police Parks Carryforward -Operating $ Carryforward-Capital Administration $ - Fire $ 9,551,574 $ 4,922,579 Police $ 4,773,665 $ 3,213,218 Parks $ 24,076 $ - Carryforward -Capital $ - $ 14,349,315 $ 8,135,797 Total Carryforward $ - $ 14,349,315 $ 8,135,797 Total Expenditures $ 702,428 $ 14,349,315 $ 8,135,797 Transfers $ (3,265,311) $ - $ - Total Expenditures with Transfers $ (2,562,883) $ 14,349,315 $ 8,135,797 (Use)/Addition of Fund Balance $ 2,590,144 $ (14,349,315) $ (8,135,797) ANNUAL APPROPRIATION ORDINANCE FY2023-2024 - Page 2 of 7 Enterprise Fund - 60 - 65 FY2022 FY2023 FY2024 Actual Original Budget Original Budget Revenues Water/Sewer Sales $ 20,256,250 $ 29,247,953 $ 30,461,744 Other Sources $ 19,448,745 $ 20,461,056 $ 22,468,150 Total Revenue $ 39,704,994 $ 49,709,009 $ 52,929,894 Expenditures Personnel Utility Billing $ 374,418 $ 573,640 $ 660,538 Public Works $ 3,088,262 $ 5,096,175 $ 5,427,640 Water $ 1,754,249 $ 2,859,585 $ 3,138,362 Wastewater $ 2,670,609 $ 5,389,155 $ 4,855,828 Total Personnel $ 7,887,537 $ 13,918,555 $ 14,082,368 Operating Utility Billing $ 529,590 $ 795,418 $ 760,102 Public Works $ 536,691 $ 1,080,794 $ 780,332 Water $ 2,148,002 $ 2,852,576 $ 3,940,330 Wastewater $ 2,370,527 $ 4,612,684 $ 4,559,664 Total Operating $ 5,584,810 $ 9,341,472 $ 10,040,428 Total Personnel and Operating $ 13,472,347 $ 23,260,027 $ 24,122,796 Capital Utility Billing $ - $ - $ - Public Works $ 27,750 $ - $ - Water $ 3,609,718 $ 9,928,000 $ 8,440,000 Wastewater $ 6,059,099 $ 12,678,000 $ 37,502,179 Total Capital $ 9,696,567 $ 22,606,000 $ 45,942,179 Carryforward -Operating Utility Billing $ - Public Works $ 536,178 $ 584,554 Water $ 254,048 $ 331,530 Wastewater $ 470,256 $ 1,033,550 Total Carryforward-Operating $ $ 1,260,482 $ 1,949,634 Carryforward -Capital Utility Billing $ - Public Works $ 7,487 $ - Water $ 9,785,407 $ 13,226,939 Wastewater $ 26,356,159 $ 27,048,552 Total Carryforward-Capital $ $ 36,149,053 $ 40,275,491 Total Carryforward $ $ 37,409,535 $ 42,225,125 Total Expenditures $ 23,168,913 $ 83,275,563 $ 112,290,100 Transfers $ 1,934,179 $ 3,490,600 $ 4,330,617 Total Expenditures with Transfers $ 25,103,092 $ 86,766,163 $ 116,620,717 (Use)/Addition of Fund Balance $ 14,601,902 $ (37,057,154) $ (63,690,823) ANNUAL APPROPRIATION ORDINANCE FY2023-2024 - Page 3 of 7 Governmental Funds - 01,07,08,20 FY2022 FY2023 FY2024 Actual Original Budget Original Budget Revenues Property Taxes $ 28,505,095 $ 45,556,044 $ 47,639,055 Other Revenue $ 27,721,504 $ 41,363,527 $ 53,153,940 Total Revenue $ 56,226,600 $ 86,919,571 $ 100,792,995 Expenditures Personnel Administration $ 4,628,643 $ 7,115,490 $ 7,897,652 Fire $ 10,101,792 $ 16,622,414 $ 21,709,593 Police $ 15,662,947 $ 25,030,255 $ 27,505,411 Parks $ 2,894,295 $ 5,222,622 $ 5,606,859 Community Development $ 2,733,281 $ 4,877,309 $ 5,012,368 Total Personnel $ 36,020,959 $ 58,868,090 $ 67,731,883 Operating Administration $ 2,587,274 $ 4,266,251 $ 6,213,144 Fire $ 1,388,419 $ 2,740,517 $ 2,960,035 Police $ 3,006,731 $ 4,889,646 $ 4,916,570 Parks $ 2,929,924 $ 3,877,288 $ 4,120,368 Community Development $ 2,500,097 $ 3,956,884 $ 3,846,085 Total Operating $ 12,412,444 $ 19,730,587 $ 22,056,201 Total Personnel and Operating $ 48,433,403 $ 78,598,676 $ 89,788,084 Capital Administration $ 119,415 $ 116,735 $ 462,407 Fire $ 593,362 $ 1,050,927 $ 2,036,588 Police $ 525,816 $ 581,935 $ 933,130 Parks $ 2,921,425 $ 1,636,000 $ 2,276,465 Community Development $ 29,364 $ - $ - Total Capital $ 4,189,381 $ 3,385,597 $ 5,708,590 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward -Operating Administration $ - $ 3,495,170 $ 1,070,015 Fire $ - $ 443,506 $ 71,896 Police $ - $ 44,366 $ 609,116 Parks $ - $ 904,890 $ 686,038 Community Development $ - $ 49,115 $ 20,000 Total Carryforward -Operating $ - $ 4,937,047 $ 2,457,065 ANNUAL APPROPRIATION ORDINANCE FY2023-2024 - Page 4 of 7 Carryforward -Capital Administration $ - $ 327,251 $ 389,431 Fire $ - $ 10,060,007 $ 2,102,359 Police $ - $ 5,502,846 $ 2,634,057 Parks $ - $ 19,287,737 $ 10,111,816 Community Development $ - $ - $ - Total Carryforward -Capital $ - $ 35,177,842 $ 15,237,663 Carryforward Administration $ - $ 3,822,421 $ 1,459,446 Fire $ - $ 10,503,512 $ 2,174,255 Police $ - $ 5,547,212 $ 3,243,173 Parks $ - $ 20,192,627 $ 10,797,854 Community Development $ - $ 49,115 $ 20,000 Total Carryforward $ - $ 40,114,888 $ 17,694,728 Total Expenditures $ 52,622,784 $ 122,099,161 $ 113,191,402 Transfers $ 1,331,132 $ (3,490,600) $ (4,330,617) Total Expenditures with Transfers $ 53,953,916 $ 118,608,561 $ 108,860,784 (Use)/Addition of Fund Balance $ 2,272,684 $ (31,688,990) $ (8,067,790) Total Budget - All Funds FY2022 FY2023 FY2024 Actual Original Budget Original Budget Revenues Total Revenue $ 95,958,856 $ 136,628,580 $ 153,722,889 Expenditures Total Personnel and Operating $ 61,905,749 $ 101,858,704 $ 113,910,880 Total Capital $ 14,588,376 $ 25,991,597 $ 51,650,769 Total Carryforward $ - $ 91,873,739 $ 68,055,650 Total Expenditures $ 76,494,126 $ 219,724,039 $ 233,617,299 Transfers $ 0 $ - $ - Total Expenditures with Transfers $ 76,494,126 $ 219,724,039 $ 233,617,299 (Use)/Addition of Fund Balance $ 19,464,730 $ (83,095,459) $ (79,894,410) ANNUAL APPROPRIATION ORDINANCE FY2023-2024 - Page 5 of 7 Section 4. That the general tax levy and all appropriate taxes and levies be imposed as authorized by law and all authorized revenue is collected. Section 5. That the 2nd and 3rd readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code §50-902. Section 6. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of Idaho as provided in Idaho Code §50- 1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this 5th day of September, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 5th day of September, 2023. APPROVED: Robert E Simison, Mayor ATTEST: Chris Johnson, City Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this 5th day of September, 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson,known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (Seal) Notary Public Commission Expiration: 3-28-2028 ANNUAL APPROPRIATION ORDINANCE FY2023-2024-Page 6 of 7 i it 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 . GJ�o , William L. M . Nary, Cit Attorne 6 SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23 -2035 An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $233 ,617,299 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1 , 2023 and ending on September 30 , 2024 . To levy all such appropriate taxes and levies as authorized by law upon taxable property; and to collect all authorized revenue ; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code § 50-902 ; and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho . ANNUAL APPROPRIATION ORDINANCE FY2023 -2024 - Page 7 of 7 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2036: An Ordinance (Alden Ridge Subdivision — H-2022- 0059) annexing a parcel of land lying in the southwest quarter of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 24.8 acres of such real property from RUT (Rural Urban Transition) to R-4 (20.35 acres) (Medium Low-Density Residential) zoning district and R-8 (4.45 acres) (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date ADA COUNTY RECORDER Trent Tripple 2023-051831 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 09/08/2023 11:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2036 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (ALDEN RIDGE SUBDIVISION — H-2022-0059) ANNEXING A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 24.8 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO R-4 (20.35 ACRES) (MEDIUM LOW-DENSITY RESIDENTIAL) ZONING DISTRICT AND R-8 (4.45 ACRES) (MEDIUM-DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Ryenn Holdings, LLC and Prabhjot Kaur Sidhu and Abninder Singh Sidhu to annex and rezone the land described in the legal description attached hereto as Exhibit"A"and the map attached hereto as Exhibit "B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 24.8 acres of such real property from RUT (Rural Urban Transition) to R-4 (20.35 acres) (Medium Low-Density Residential) zoning district and R-8 (4.45 acres) (medium-density residential) zoning district. ANNEXATION ORDINANCE—ALDEN RIDGE SUBDIVISION H-2022-0059 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 5th day of September, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 5th day of September, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 5th day of September 2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—ALDEN RIDGE SUBDIVISION H-2022-0059 Page 2 EXHIBIT A ACCURATE SURVEYIRG & tlllp� lKd f e r+ Job No_22-197 Auncxadon Description A parcel of land lying in the Suuthwest Quarter of Section 21,Township 4 North,Range 1 West of the Boise Meridian"being more particularly doscribcd as fnilaws- Commenting at the found 2 inch aleuninurn cap men=ern is asphalt at quarter corner common to Sections 21 and 28, T 4 N,R l W li+vm which the fxuyd 2 inch aluminum cap monument in asphalt at the corner oomman to Smtions 20,21,28 and 29,T 4 N,R 1 W,bears N 89'27' 17"W a distance of 2609.48 fuct, lbence N 89'27' 17"W along the section line for a distance of 1304.74 feet to the west sixteenth corner common to Sections 21 and 28;thence N 00"34' 56'L-along the sixteenth line for a distvnm-of 1317,29 fret to a found 5181h inch iron pin with a 2 inch alwainum cap stamped PLS 11463 at the southwesi sixteenth comer of Section 21 and the POINT OF BEGINNING; Tlwnce N 89"2.7' l8"W for a disc ante of 25,00 foci to the c�mterli ne of N. Pollard Lane; Thencc N 00'29' 13"E along said weritcriine fbr a distance of365.15 feet; Thence 11 89'30' 47"W along said mmterliac for a distance of 33.33 feet Thence S 83'33' 3W W along said centcrtinc for a distance of 55.00 feet; Thence 5 85'48' 43"W along said centerline fora distance of 36.25 fert to a fmmd aluminum cap monamont on the southeasterly right-of-way of State 14ighway 16; Thence N 68' 56' 21"W for a di stance of 155.65 feet to the centerline of State Highway 16; Thence along said centerline 770.84 feet atom a curve to the right,said curve having a radius of 10,0OO.O0 fee#,a central angle of 40 25' W'and a tong chord bearing N 28130'55"E a distance of 770,65 feet -pierce S 6W 34' 55"E for a diqu of 158,30 feet to a found 4 inch brass cap monument on the suuthwesterly line of the PhylEsCanal. Thence along said tine the Following 8 courses and distances= a,} along a curve to the right 6D.81 feet,said curve having a radius of 340.00 fcc4 a crm(rnl angle of 10' 14' 52"and along-chord hearing S 74109' S 9"E a distance of 60.73 feet to a fouild 5l0 inch iron pin with a 2 imh aluminum cep stamped PLS 11463: 2.) 8 5r K' Off"E Fat a distance of 244.90 feet to a found 5lllth inch iron pin with a 2 inch alwainum Gap stamped PLS 11463, i 1520 W. Washington St, Base, ID W02 - Phone.204-4U-4227 WWWA0WTiR*$U rv$yors.com ACCURATE = SIIYg1AB f YA 111AI ' 1f6110 he No,x-1P! SJ alunia capswiradiPLS 11M3; Iheave afowd SBN irch uon pin wiN e2iah yo['5T up ,VaobPL511463; 4J 361°59'S 5710; disbna of202]O frelwafcwW SBNirchiran pin wiNaplulic cep O53- PISS]10; SJS 2TE6radisuvre of 109.48fMbafouol SBW inch iwvpvvnNeplesdc cep bL55] 6.) 5 52-cm 52°5P I0; bw M oo(10I.1]fbafawW SBN itch vav pin vriW aplaedc cap aMM 10; I2-05 PLS57-E 0; ].) S 52'OS5 (ore dum of ce I&.95 fMbe fount SBW iocE i,wpwwiNe pluck cep mh BJS]0°40IS5710ored'unvz of112.43f me 6wd 5BWiW ova pin v vnaPlutic rep IeEela1 PL55]10; Therce S 00°31-SW W fpad'ulmre of557.08 loot o a muxt SBN wch hon pin wiN a plutic up labeled PLS 5710; ThvasN89°27' ll'Walong�tixavNhlioe fm ntliswnce of 116495f wNe PO1Ni OF eMMINc. Seal parcel connow 24.W2 eves mom or Ina 17463 $ 152a W.Wuhhgwn M.Wee.ID W]@ .Phore'.2LY4 M- www..rov.mnm.Yw..ww *-1 14Fe ACCURATE � �� CP 5l1A4P1INO li MAPP11-D r Y ,Fob No. 22-197 Zoning R4 Description A parcel of land lying in the Southwest Qtww of Section 21, Townxh ip 4 Nwh, Mange i Wiest of the Boise Meridian and being more particu lwly described as follows: Commencing at the found 2 inch aiuminum cap monument in asphalt at quarter corner common to Sections 21 and 28,T 4 N, R 1 W from which the found 2 inch alunaintin eAp morivms.'.rlt iii a, hali at the corner common to SeLliorrs 20, 21.28 and 29,T 4 N, It 1 W,bear&N $9127' 17" W a di;-lance of 2604,48 feet;thence N 89' 27' 17"W along the sertion line for a distance of 1304.74 feet to the west sixteenth corner common to Sections 21 and 28'. Hence N 00'34' 56'E along the sixteenth line for a distance of 1317,29 feet to a found 5}8'inch iron pin with a 2 inch aluminum cap stamped PLS 11463 at the southwest sixlucnth corner of Section 21;lbertm N 89'27' 18" W for a distance of 25.00 feet to the centerline of N. Pollard Lane;thence N 00' 29' 13" E along said centerline for a distance of 163.00 feet to the POINT OF BEGGING; Thence N 00'29' 13"E along said centeriWe for a distance of 202.15 feet; Thence N 89'30' 47"W along said centerline for a distance of 33.33 feet; Thence S 83' 33' 30"W along said centerline for a distance of55.00 feet; Thence 8 85°48' 43"W along said centerline for a distame of36.25 ken to a found alumia m,cap monument on the southeasterly right-of-way of Stele I1ighway 16; Thence N 69'56'21"W for it distance of 155,65 fee to the centerline of State Highway 16; Thence along said centerline 770.84 feet along a cwve to the right,said curve having a radius of 10,00U0 feet,a ceawd angle of 41 25' W'and a long chord hearing N 28130' 55"E a distance of 770,65 fact; Thence S 60' 34' SSA F for a distance of 158.30 feet to a found 4 inch brass cap monument on the southwesterly line of the Phyllis Cantu Thence aioag said line the following 8 courses and distances: 1.) along a curve to the right 60.81 fleet, said curve having a radius of 340.00 feet, a central angle of 101 14' 52" and a long chord bearing S 74109' S(Y E a distance of 60,73 feel to a faWA 51r inch iron pin with a 2 inch aluminum cap stamped PLS 11463; ?.) S 67'00' W'E for a distance of 24-4.90&et to a found 5Mth inch iron gin with a 2 inch aluminum cap stampcd PL S 1 I463; 1520 W. Washington St. Boise, 10 83702 • Pharos; 208-488-4227 ■ www.a=ratesurveyors_com ..ACCURATE S U R V E I I H 6 & M M R P I N 0 y fret v 0-16 Job No. 22-197 3) S 67'00' 46' E for a dimanct of 47.31 feet to a found 518th inch iron pin with a 2 inch aluminum cap stamped PPS 11463; 4.) S 61°59' W' E for a distance of202.70 feet to a found 518th inch iron pin with a plastic cap labeled PLS 5710: 5.} 5 53'06'2T'E for a dis wcc of 109,43 feet to a found 518th inch iron pia with a plastic cap labeled PLS 5710; 6.) 5 52' 52' 46"E for a distwuv of 107.17 fee[to a found 5/8th inch iron pin with a plastic cap lahcled PLS 5710; 7.) S 66' 52' 05"E for a distance of 184.95 feet to a found 5I8th inch iron pia with a plastic cap labeled PLS 5710; 8.) 13 70140' 30"E for a distance of 112,43 feet to a found Ath inch iron pin with a plastic cap labeled ]?L5 5710; •Thence S 00'3 V 50"W for a distance of394.08 feet; Thence N 89'27' 18" W f"a distance of 1190,07 feet to the POINT OF BEC IIx1WMG. Said parcel wntains 20.349 acres.more ar less. 11463 w '. aF %'D 1520 W. Washington St., Bnlse, ID 83702 . Phane- 208488-4E27 www.accuraresLirveyors_co m .ACCURATE. ,-- 0 mwG.x lm yw1e6R9 neuriPmn A pmecl IflvN lyingm the Sowhwul Gluneraf SeNon 21,fon ,p4 Nmd.Rmge l Wertof the Bois Ma'vo end hwg m,m pmdvW my dmml,d i ,I of l,m Gomma 21 ,dedm 4N.2 I W ehwiniIm espm,IM 2 , uphvllYqup wrnewmmmb ftwm31, d ,w4N.RIWfivm Wdch Nefount3l iluminumupmwumwlinuphehv the wmeewmmanw Ssdos 30. W ,,f;W 2Y.T 4 N.R 1 W,bze N If130IT W nliAott A 36teenth co mmmml33' 13"W 1 "U<axtlanf ' ad isYmiwof130434fM 1h lle wnR sixteenth tIf 13nmmmon O 9euuxt A l and fl:NmeeN W2 im S6"E rnm Ne aklsmL Ime fora dL muoflll]29(M ,,,a flf 21 flat th, iM iFBEGminum Gupflumped PLS 1146I& the wulhwulvinhmih Gwarof5eeli®RI stl NCPoN"!OF BECP'NP'Gi lhrv'e N W27' Ir W If,,dvlms oft Mfin b demnedine afN. Pollmd 1baa N M'N' 13-E ukng adam¢dme(m u A of 163,00 fN: llmm S 99°3T 11-E fix a dlPs[e of I I W.03 fM: lhwe S M'31'S W If,atievee of 163.W Ree m a fnwtl Sal inch lmo pmwilh a up GfM PL55710; Th Ng9"2T ICWilw66evx®d Iioa faeudimm'.e of 116495 htl b We MM OF BEGLYNMG. Seid pmelwWuwu 4.453 e,va.m mua Im. 11463 40v� p: g �01 "�. x ♦a 1ss0 w.us.uGznn St.BGw,to mm-phmn.Wueun3 nn (') rrrrrrr_ r- N -' C C m05T U. N z Z < m m C rTj U, cncnzcncnz � 0 0 - D � voo°igcODi,� w ( � U m bD � 19 rrl -� m � C:) L" 0 �oC�.+ O � � � Cnni� c,+� t0 0 \ II- C) � Ma Us s Li i N N C) W a: m m CD �y o LALA oD NO 00 o N m i'. N. POLLARD LN. O R�ro � ST'9T F oNm o� �� v'-!71 �O QD D ° I a m ^' to C a p0 \rn m I _ co U'.c, to o cnz0 � rn � CID o o (aCID N o o , `° c 00N� t ow orn u, Q Z> mmC oN % m o� `' Y o ��A N) v �n to / �^ z m do z = w o n c� r C i rn Z o V! R1 i S 003t 5O" W 557.08' DMZ M � � c canto � o\o � �► cn no r p O ►v �, I nl 0 2 m 1 N C n PROFF O CD � 2 N N) 2.` ^' a�aS o� � � CD n � � �a nI N N � Nm � ` n �,�' _s 'p cn� p _ icn � par,2 z �o rr, Ln ZZ � n2 O @Aa� � C o ` r 20 02 °' � 2n r� '+ nn, okO _� ~ ? Z _� ti a I r 2 A Z A �T St.� p �1TQ GZj ~ 2 O v Z O of -4o0 07 v N Ln _ C v N -.a J EXHIBIT MAP a s LAC; , na 14 v �,,,.. srV of rr. r.«. zra. ea COIMTY 6 AOA—STAR: W MMO S Ian 0 .mr` m`r1°� t fmv W _ � I I "k � • ��Na"` r sm wnr Orr M1y}�im� ' Pau Qavrw =ww r�wrs W 114639 Im LINE TA9E >. m'O' srW w T UM ..:v. u . ®s.W ' sstACNRAh f]M1£ TA(4£c mr WM EXHIBIT MAP / t Maus - Me r r(M ry AT'4 MI I SW I/r WC ]I. IeR Bx \r„ wulnT a ABA—STALE a lou/o �e FFINE oFFABovemBI xlAwr oAAA d wW uMMr.x I AS 0 / rerr re rrw./t a e camMlmwxr„�xK AL . . . roWroerwww J f xNWN rx r vwvFAA ll� — IJI �61Y BARI SUM x1rY rp/Je H rRW TR �t �rrYl10� LBiE TABLE JJ• ACC1JR I E 402 NW, 1sunmseunu t XW" 1B W G bNMI 15W]Ib W A 161.t0 YMRMM.{)DII JI 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 . ,W 1 - . eJ William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2036 An ordinance (Alden Ridge Subdivision — H-2022-0059) annexing a parcel of land lying in the southwest quarter of Section 21 , Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 24 . 8 acres of such real property from RUT (Rural Urban Transition) to R4 (20 . 35 acres) (Medium Low-Density Residential) zoning district and R4 (4 .45 acres) (Medium-Density Residential) zoning district, directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B .] i i I 1 ANNEXATION ORDINANCE — ALDEN RIDGE SUBDIVISION 11-2022-0059 Page 4 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 23-2033: An Ordinance (Newkirk Neighborhood — H-2022- 0088) annexing the east half of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 22.667 acres of such real property from RUT (Rural Urban Transition) to TN-R (Traditional Neighborhood Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2023-051830 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/08/2023 11:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2033 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE (NEWKIRK NEIGHBORHOOD — H-2022-0088) ANNEXING THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 22.667 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO TN-R (TRADITIONAL NEIGHBORHOOD RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Lansing Farms, LLC to annex and rezone the land described in the legal description attached hereto as Exhibit "A"and the map attached hereto as Exhibit"B"("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 22.667 acres of such real property from RUT (Rural Urban Transition) to TN-R (Traditional Neighborhood Residential) Zoning District. ANNEXATION ORDINANCE—NEWKIRK NEIGHBORHOOD H-2022-0088 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 5th day of September, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 5th day of September, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 5th day of September 2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public 3-28-2028 Commission Expiration: ANNEXATION ORDINANCE—NEWKIRK NEIGHBORHOOD H-2022-0088 Page 2 EXHIBIT A awtooth Larir,11 urve rng, LLC F: M05)398.5i 04 =; f2= 398-&I D5 o o , W�1.5r,In4,I , a _. Em t, ID 83�;i.F Newkirk Annexation Descripbon BASIS OF BEARING is N. 891,15'34" W,, between a found aluminum rap PLS 14221 marking the S1/4 corner of 5ectlon 10 and a found aluminum cap PI 5 14221 marking the SW comer of Section 10, both in Township 3 North, Range 1 West, 13oi McNdiart, City of Meridian,Ada County, Idaho. A parcel of land located in the E1/7 of the SW1/4 of Section 10, T, 3 N., R. 1 W-r E.i41., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at an aluminum cap marking the S1/4 comer of said Section 10; Thence N. 89"15'34" W., coincident with the south line of said SW1/4, a dlstance of 793.09 feet; Thence N. (rW26" E., aAncldent with the west right of way of N. ZImmerman Lane and the extension thereof, 903.05 feet, to the approximate centerline of the Purdam Drain and the POINT OF BEGINNINGi said point witnessed 5. 0"3475"W., 10.00 feet with a 5/8n rebar with cap PLS 11779; Thence coincident with said centerline the following three (3) courses and distances; Thence N- 60056'14" W., 425,75 fret; Thence S. 59°04'26" W., 103.00 Feet; Thence N. 59°29'07" W., 74.36 feet to the west line of the east half of the SE1/4 of the Sw1{4, said paint witnessed N. 1) 3635" E., 69,53 feet with a 5/8" rebar with cap PLS 12464: Thence N. 41136'35" E., coincident with said west llr�e, 614.70 feet to tFre centerline of this railroad right of way, Thence S. W2646" E., cninddent Wlth said centerline, 1097.59 feet; Thence leaving said centerline, S. 0°35r04"W.r 216,64 feet to a 5/8" rebar with no cap, hereafter referred to as"Point A"on the souchwesterty right of way of the Kennedy Uteral; Thence continuing, S. 095'D4 r W., 1250.38 feet to the approximate centerline of said Purdarn Drain, said point witnessed N. 0"35'04" E., 42.04 feet with a 5/8" rebar Wits, cap PLS 11779; Thence N. 39°1T40" W., coincident with said centerline, 891.69 feet W the POINT OF BEGINNING. LESS and EXCEPTING a parcel of land more particularly described as follows: BEGINNING at the aforemendwed 'Point r11", P_1202711 CMT1121�81-NE KIRK 70PMUrveylbrawings%Descripriansl121381 Newkirk Annexatlon Descriphaer.dacx Pagc 11 lM N. a2.573V W.,rumtlent Mm me soutl'm25taly nght of way of sale Kennedy IMerel, 25.93 kM to a 518'reMr Wth cap PIS 11279; Thelrx N. 58029R5'W„ WnWent Mffi saki 5outhwesl * rI9ht a way, 13389 fart W a W' m&r wn M PB Ill29; 31¢nceN. W-22'32' W., caincNeR wim said mootomos right of a , 18662f[m a518" reWr Wth up PB 11779; Thence N. t°12'91' E., coincident wiM saltl wuMweoert right of way, 31.09f to a W' rebar wIN rep M 117N on Me so Melly railroad right away; Ilene S. M°26'96' E., c incHcnt wb UN souNSly,laNcaE right a way. 232.69f R[o a 5f8'reLysr wM up %S I1779 on One roMeasterly Ignt of way ofrmd Kennedy f ral; Ttlence5. 58'=-E., coincident with sal nodbtraounly rl9ht of wry, 100.62f tto a 518 moor with mp PIS 11T19; hen¢S. 0135YW"W., M.38 f W tM POINT OF BEGINNING. SaW parcel=ilns 22.667 acres more or Imo. 9GG�ClA 9R V� nY PUNMml EPVTM2l 91NEWKIFI(iOPO'SYMfNrarngalNmmpMnall 21MI NewNrk Armaton Dwompfnn do , Paga 12 PROS S W-45;W f r097.67 UNION PACIFIC RAILROAD L 8 S 8r2b'4F E 1 D97.74' 232 I` 0 779>z � L4 S W-217T E Z I a IW62' A 0 -1 X o f r we z rp a o' �,o �•• 4. w a � 0 IN ono ° m a tz N � I A s ti w , o go Q o 132Q31' go coco do N W. can Q D a I h IN 69"MC w 264'0.54' fRANKi1N ROAM NA DWAS OF BEARING 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 . i • William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 23-2033 An ordinance (Newkirk Neighborhood — H-2022- 0088) annexing the east half of the southwest quarter of Section 10 , Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A" ; rezoning 22 . 667 acres of such real property from RUT (Rural Urban Transition) to TN-R (Traditional Neighborhood Residential) zoning district, directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B .] ANNEXATION ORDINANCE — NEWKIRK NEIGHBORHOOD H-20 M088 Page 4