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HomeMy WebLinkAbout2023-11-21 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 21, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton Councilwoman Liz Strader ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the November 8, 2023 City Council Work Session 2. Apex Northwest Subdivision No. 4 Pedestrian Pathway Easement (ESMT-2023- 0148) 3. Apex Northwest Subdivision No.4 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0160) 4. Centerville Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0167) 5. Lake Hazel Rd. Sewer and Water Project Sanitary Sewer and Water Main Easement No. 2 (ESMT-2023-0161) 6. Lake Hazel Rd. Sewer and Water Project Sanitary Sewer and Water Main Easement No. 3 (ESMT-2023-0162) 7. Shafer View Terrace Sanitary Sewer and Water Main Easement (ESMT-2023-0165) 8. SWIG Lost Rapids Subdivision Water Main Easement (ESMT-2023-0163) 9. Final Order for Prariefire Subdivision (FP-2023-0023) by Kent Brown Planning Services, located at 3539 N. Locust Grove Rd., near the northwest corner of E. Ustick Rd. and N. Locust Grove Rd. 10. Final Plat for Sagarra Subdivision No. 2 (FP-2023-0016) by Sagarra Phase 1, LLC., generally located at the southeast corner of N. Bergman Ave. and W. Orchard Park Dr. 11. Final Plat for Aviation Subdivision (FP-2023-0013) by Jadon Schneider, Bronze Bow Land, located near the northeast corner of N. Black Cat Rd. and W. Franklin Rd., to the north and northeast of Compass Public Charter School. 12. Development Agreement (Petsche Rezone H-2023-0039) Between City of Meridian and Tammy Petsche for Property Located at 1508 N. Meridian Rd. 13. Development Agreement (Ringneck Place Subdivision H-2023-0009) Between City of Meridian and WFG Investments, LLC for Property Located at 2315 E. Ustick Rd. (Parcel #S1105212448 and S1105212449) ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 14. Meridian Fire Department: Fiscal Year 2024 Budget Amendment in the Amount of $100,000.00 for Darkhorse Data Analytics and Predictive Modeling Software Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Overton. Voting Yea: Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 15. Solid Waste Program Recommended Changes to Bulky Items Pickup Program 16. Resolution 23-2425: A Resolution Accepting the Donations of Services and Programming Offered by Republic Services of Idaho: Updating Republic Services' Address for Notice Under the Solid Waste Collection and Disposal Services Franchise Agreement; Superseding Sections 2 and 3 of Resolution 12-844, as well as Exhibit A and the Addendum Thereto; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener ADJOURNMENT 5:03 PM Meridian City Council Work Session November 21, 2023. A Meeting of the Meridian City Council was called to order at 4.32 p.m. Tuesday, November 21 , 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Luke Cavener, Jessica Perreault, and John Overton. Also Present: Chris Johnson, Bill Nary, Laurelei McVey, Kyle Radek, Shawn Harper, Kris Blume, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader 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 November 21 st, 2023, at 4.32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move adoption of the agenda as published. Overton: Second. Simison: Have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the November 8, 2023 City Council Work Session 2. Apex Northwest Subdivision No. 4 Pedestrian Pathway Easement (ESMT-2023-0148) Meridian City Council Work Session November 21,2023 Page 2 of 14 3. Apex Northwest Subdivision No.4 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0160) 4. Centerville Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0167) 5. Lake Hazel Rd. Sewer and Water Project Sanitary Sewer and Water Main Easement No. 2 (ESMT-2023-0161) 6. Lake Hazel Rd. Sewer and Water Project Sanitary Sewer and Water Main Easement No. 3 (ESMT-2023-0162) 7. Shafer View Terrace Sanitary Sewer and Water Main Easement (ESMT-2023-0165) 8. SWIG Lost Rapids Subdivision Water Main Easement (ESMT-2023- 0163) 9. Final Order for Prariefire Subdivision (FP-2023-0023) by Kent Brown Planning Services, located at 3539 N. Locust Grove Rd., near the northwest corner of E. Ustick Rd. and N. Locust Grove Rd. 10. Final Plat for Sagarra Subdivision No. 2 (FP-2023-0016) by Sagarra Phase 1, LLC., generally located at the southeast corner of N. Bergman Ave. and W. Orchard Park Dr. 11. Final Plat for Aviation Subdivision (FP-2023-0013) by Jadon Schneider, Bronze Bow Land, located near the northeast corner of N. Black Cat Rd. and W. Franklin Rd., to the north and northeast of Compass Public Charter School. 12. Development Agreement (Petsche Rezone H-2023-0039) Between City of Meridian and Tammy Petsche for Property Located at 1508 N. Meridian Rd. 13. Development Agreement (Ringneck Place Subdivision H-2023-0009) Between City of Meridian and WFG Investments, LLC for Property Located at 2315 E. Ustick Rd. (Parcel #S1105212448 and S1105212449) Simison: Next is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session November 21,2023 Page 3 of 14 Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Overton: Second. Simison: 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: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 14. Meridian Fire Department: Fiscal Year 2024 Budget Amendment in the Amount of $100,000.00 for Darkhorse Data Analytics and Predictive Modeling Software Simison: So, we will move on to Department/Commission Reports and first item up is Item 14, which is the Meridian Fire Department fiscal year 2024 budget amendment in the amount of 100,000 dollars for Darkhorse Data Analytics. Chief Blume. Blume: Good evening, Mr. Mayor and Members of City Council. Right off the bat I should disabuse anybody with the illusion that dark horse is anything that might be special operations or something nefarious. On the heels of Meridian Fire Department being recommended from the Center for Public Safety Excellence of being the first and only accredited fire department in the state of Idaho, we looked retrospectively at what we are doing as an agency and more importantly what opportunity do we have to look into the windshield and look forward for what we intend to do and need to do in a fiscally responsible manner for the community of Meridian and in doing so -- and this goes back about two years ago -- we looked at -- at -- at multiple platforms that are predictive analytic modeling tools. The one that came out head and shoulders above any of the competitors was Darkhorse Analytics and we actually sent staff members to two cities in neighboring states to evaluate it and say, hey, is this something that we would benefit from? Is this something that we can utilize? Will we -- will we gain or glean information from this. And unequivocally the research that we did over the past nine months was a resounding, yeah, this is absolutely what you need to do to move an organization forward and when I say moving an organization forward in that fiscally responsible manner it lends itself to the questions of how many stations do we need? What does our staffing model look like? What does the deployment of those resources look like? Where do we need to have our fire engines, our ladder companies, our battalions, instead of -- Meridian has moved past best guess, should move past best guess and we need to move forward with intelligent decision making models. What Darkhorse Meridian City Council Work Session November 21,2023 Page 4 of 14 Engineering allows us -- or Darkhorse Analytics allows us to do is -- is absolutely see what if scenarios with a very high predictable rate that that is, in fact, the outcome you are going to experience. It takes things into consideration like rooftops, roadways, construction on those roadways, hospital distribution, age of the community, age of the structures in the community. It is robust and amazing. And we weren't at a point in our FY-24 budget to put this in as a budget request and so that's why you are seeing it now. We have gotten to a point where we have identified that this is the company that we would like to pursue for this data analytics modeling and we feel that as we move forward in trying to create a reasonable and very clear CFP for not just next year, but the preceding years beyond that, that this tool is essential in -- in -- in allowing us to understand what our resource distribution and staffing should look like. So, with that, in brevity, that's -- that is Darkhorse Analytics and I would stand for any questions from Council or the Mayor. Simison: Thank you, Chief. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, chief. Are we able to take data that is currently in the county, but in the Meridian's area of impact that will eventually be our responsibility and use that in this? Are we able to get that information from the county for the modeling or do we need to wait until we actually annex those areas? Blume: Mr. Mayor and Council Woman Perreault, excellent question. We are -- we gain access to the entirety of the information that's available to the Treasure Valley. So, it does extend beyond the city of proper Meridian. It would include all of those rural pockets, as well as adjoining in neighboring and -- and I think you hit on something that's really important. It is important to recognize that as Meridian is a fire department that responds as a part of a larger network, it takes into consideration the resources and the opportunities that we benefit from with Boise or those relationships that we have with Eagle. It brings in all of that response data as well, so that we get a really holistic view of our response capabilities and capacity. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Chief, just one quick question when it comes to response times. Will this analytic software be able to capture and differentiate between the time a call comes into Ada County Dispatch and the amount of time it takes for Ada County Dispatch to dispatch it to your stations and that you guys can, then, respond, so we can determine which and where the lag is and how best we can address that? Meridian City Council Work Session November 21,2023 Page 5 of 14 Blume: Mr. Mayor, Councilman Overton, excellent question as well. Ironically with our accreditation recommendation that's been provided to us through CPSE, they also came with about 15 recommendations, which is not a large number. Most agencies receive between 30 and 40. Well, of those 15 they want us specifically to be working with the Ada County Dispatch to enhance that call handling and processing time that you -- I think you are calling out and it is, it's excessive, it's not acceptable by any standard. It's three and a half to four minutes. And certainly this software allows us to go beyond just that call handling and call processing and look at response routes, response travel times and because it's cloud based it evolves. It is an Al technology that learns and so as we see increases in response time it tries to figure out what is the most effective, most efficient response road and certainly it will give us yet another layer of understanding to why our response times are extended and gives us even a more robust argument to go back to Ada County Dispatch and say, hey, as partners how can we improve this. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Chief, apologies for not being there in person this evening, but I appreciate your presentation. A couple of just quick process questions to make sure I'm on the same page. The budget amendments for 100,000 -- 80,000 is for implementation, 20,000 ongoing, so 20,000 a year -- this would be a two year deal; correct? So, the price will stay at least the same for the next two years? Blume: Councilman Cavener, that's correct. Cavener: Okay. And, then, Mr. Mayor, just one follow up. Simison: Councilman Cavener. Cavener: But in this consulting service agreement it calls for a project manager chief. Is that project manager going to be somebody in the fire department? Is it somebody from IT? Who -- who will serve as the project manager for this project? Blume: Councilman Cavener, Charlie -- Chief -- Deputy Chief Charlie Butterfield has been identified as the project manager for the Darkhorse Analytics. Cavener: Thank you. Appreciate it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session November 21,2023 Page 6 of 14 Hoaglun: Real quick, chief. I'm assuming, then, IT is involved in this. As you know all our software now -- part of that is working with IT, so we are engaged with them and they are okay with this? Blume: Councilman Hoaglun, that is correct. Simison: Council, any additional questions, comments? Okay. Then I will just add in that I'm excited for this to be implemented and utilize it for -- tell us the next step. Maybe we need it forever. Maybe we need it for two years. You know, that's for the chief of the department to decide. But with all its moving pieces and parts, stations, Opticom, pre-alerting, lots of things that can help us plan for the future and apply it today, so with that hopefully someone will make a motion to approve. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Meridian Fire Department's request for FY-2024 for a budget amendment in the amount of 100,000 dollars for Darkhorse Data Analytics and predictive modeling software. Overton: Second. Simison: I have a motion and a second to approve Item 14. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, absent; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Blume: Thank you, Mr. Mayor and Council. 15. Solid Waste Program Recommended Changes to Bulky Items Pickup Program Simison: Thanks, chief. With that we will move on to Item 15, which is solid waste program recommend changes to bulky item pickup program and invite Laurelei back up to continue this conversation. McVey: All right. Well, thank you, Mayor and Council, for having us back. We took your guys' feedback that we heard last week and met with Republic Services and, hopefully, have a couple of changes that will make this more agreeable for everybody. Before we get into that, though, I did just want to clarify. I think there was a little bit of Meridian City Council Work Session November 21,2023 Page 7 of 14 confusion around what we do today and why this change is actually going to be beneficial we think for most residents. So, you know, we think this change really is going to allow additional flexibility for residents and the reason I say that is that, essentially, today extra trash pickup is only allowed two days per year. So, it's those two weeks per year and it's on your specific trash pickup day. So, we are talking about going from two days per year to, essentially, year around. So, we feel like this is a really big improvement. So, we talked about the week of December and the first week of May. There is two components to the program. There is the bulky items, which are the bigger items. Today we allow seven of those and they do have to be called and scheduled, both in December and May. And, then, we also allow the ten extra items. So, that's where a lot of the discussion was last week was the extra smaller trash bags that can just be placed out with having -- without having to call. So, I did also want to just remind everybody, including residents, that there is a lot of other options for extra trash pickup. So, outside of the two weeks, if we weren't to change the program, you still can get extra bulky pickup. It's about 20 bucks per item if you are doing it outside of those two weeks. You can subscribe to a grass cart. Those can be used for grass and yard waste in the spring, summer and fall and, then, extra trash in the winter. You can also just get an extra trash cart. You can bring items to the transfer station at 24 dollars per cubic yard. And, then, Al did want to remind everybody that recycling drop off at the transfer station is free. So, if you have a bunch of cardboard, metal items that are more than 90 percent metal, so like barbecue or a swing set, those can be dropped off for free. Glass. Squishy water bottles. And, then, we still will do the fall curbside leaf collection, which is ten bags for each of those four weeks. That's free. And, then, also the Christmas tree recycling the first week of January will also continue to happen and also be free. So, lots of opportunities for extra -- extra pickup. I did want to just touch on real quick city of Boise's program. So, what they do is they allow six bulky pickups year around and they allow five overflow trash items and the way that they manage that is with stickers and so you get -- each resident gets five stickers in the mail and you put those out on their extra trash bags. They see a really low utilization of that. So, it's less than one percent. But, anyways, we just wanted to highlight that what Republic has agreed to do for us is, in our opinion, even more improved than Boise's program. So, the differences from last week -- so, Republic Services agreed to continue with the ten items year around pick up for free. One thing that I did want to remind everybody that they can do is you can group those smaller items into a larger container. So, if there is a certain week of the year that you have a bunch of extra trash or bags or leaves, you can put those into a bigger container and that would count as one, not each one of those. So, still ten items year around for free. We did work out an enhanced scheduling option, because we heard that that was a concern. So, we are going to create an online form on Meridian's website that will send that information to Republic Services. So, then, customers have three ways that they can do this. They can call Republic Services, e-mail Republic Services, or do an online forum on the city's website. The other thing that Republic offered to do is to continue with the extra small item -- no need to call pickup in 2024. So, it's going to continue this year in 2023, like normal, and, then, we asked can we do that extra trash week where they can put out small items -- up to five small items without needing to call an irregular trash week the last week of December and they agreed. One of the things that we don't have a lot of Meridian City Council Work Session November 21,2023 Page 8 of 14 data on and we have asked Republic Services -- is this year and next year we would like to track how many houses do that last week of December pickup. Once we implement the bulky item how many houses are still doing that small item set out, so that we can determine two things, one, the impact on Republic Services and, two, the participation rate in our city, because it's really hard to kind of decide should we keep or not keep a program if we don't have a lot of data around it. So, they generously agreed to do 2023 and 2024 the extra trash week in December, plus the ten item -- bulky item throughout the whole year scheduling pickups. So, we think this is really going to set us up well for this next year. So, really appreciate Republic Services coming to the table and giving us one more year of the extra trash week, allowing us to collect the data and analyze it and, then, also appreciate the team coming up with the idea, you know, listening to your guys' feedback for that online form and implementing that. So, with those changes we think this is going to be a really great change for the residents, really, essentially, moving from two days a year to all year around. When it works for you you call or go online, schedule a pickup, and you don't have to save things, wait for things, wait for, you know, two days a year. So, we are really excited about this and we definitely heard your feedback and hopefully incorporated that and would stand for any questions. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Laurelei, appreciate you coming back two weeks in a row to talk a little bit more about this. Again, I agree with your, appreciation to Republican and the team for -- for taking some feedback. I just have really two fine point questions I wanted to make sure I'm clear on. When we talk small trash items, I worry that could be a very subjective term. Is a small trash item like an Albertson's grocery bag full of trash? Is it a bathroom garbage bag? Is it a 35 gallon bag? What -- what constitutes a small trash item from Republic's standpoint? Laurelei: So, I believe it's up to -- it's like a general regular trash bag size up to six -- 35 pounds -- 30 pounds. So, small item 30 pounds or under. Cavener: Great. And, then, Mr. Mayor, just one additional question if I may. Simison: Councilman Cavener. Cavener: And, Laurelei, this may be for you, this may be for Republic if there is somebody in the room. So, I -- I anticipate this program is going to be successful and I like where Republic is at in trying to kind of spread out the bulky item collection to make it be more efficient. I also worry a little bit -- what happens if this program is so successful -- what is the -- from a -- from a ratepayer standpoint, what is the expected turnaround from when they call Republic for a bulky item pickup? Is it within one trash cycle? Two trash cycles? When we can get to it? We don't want to have -- or create a scenario where a ratepayer says, hey, we have got a bulky item that needs to be picked Meridian City Council Work Session November 21,2023 Page 9 of 14 up and it's so popular that Republic can't come out for a month or two and I don't anticipate that's going to be the issue, but I just want to get some good clarity about what our ratepayers can expect. And it's nice to see you, Rachele. Again, apologies for not being in the room tonight. Klein: Mayor Simpson and Councilman Cavener and Council, it would be scheduled on their next collection day and we don't anticipate any service issues at all. So, right now we are trying to shoehorn everybody into, you know, spring cleanup, which is actually much more popular than post-Christmas cleanup and so we wind up -- that's where we actually have our service delays is during that one week, because I liken it to ACHD with snow plows, like for them to get all the neighborhoods in the morning after a snow, they would have to have a significant number of trucks and employees and plows and it doesn't really make sense. So, they do the best with the assets they have for the 95 percent a year or 99 percent of the year. So that's sort of like us. We are very confident maybe -- that first year we are still going to get a lot of people calling in and spring cleanup week, historically that was the week, and we expect that, but we will use that as a teaching moment saying, oh, you know, you can pick any week of the year to be your cleanup week, so -- or two weeks or three weeks until you hit the maximum number of items. So, we don't anticipate any service issues at all, to be totally honest. Cavener: Thank you. Appreciate you being here tonight. Klein: It's actually enhanced service. So, that's part of the reason we are working with the city to come up with some solutions. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I also per Councilman Cavener's question earlier, we actually put in the resolution the specifics of the small trash bundles and the additional trash. So, the 30 pounds and the 32 gallons are in the -- are actually in the resolution, too. So, hopefully people can see that. Cavener: Great. Simison: So, Rachele, since you are there I may ask this question to you, because I -- I look at the December actually trash week and say what constitute -- what's the value of the data? And I mean that -- let's say five people put it out. Okay? Does Republic not want only five people to put it out versus let's say 90 percent of the community puts it out. What number do you want to determine whether or not it's -- it should remain? Because if it's five people it seems like you leave it, it has no impact. If it's 90 percent and everyone likes it, then, what do you do? So, what -- what really is the value add to collecting data or the challenge that you see? Meridian City Council Work Session November 21,2023 Page 10 of 14 Klein: Thank you, Mayor Simison. So, we are definitely data -- data driven. So, what we will do is put the clickers in the trucks and we will see how many people put -- basically where we are anticipating mostly being trash bags -- extra trash bags. So, we staff accordingly. Like right now, because it's a mix of bulky items and trash, we -- we have a lot of extra resources deployed that week after Christmas and so if we -- if we just count trash bags and not -- and allow people to schedule bulky items the rest of the year, then we will know, like from a resource standpoint like are we over resourcing, are we dedicating too many resources for that week and we could do something else with that time and energy. Like is it really worth it? If we have such a small number of participants -- the participants. But, you know, if I were guessing or betting I would say a lot of people put -- are going to put extra trash out, so it's a good deployment of resources. But we are going to collect two years' worth of data and see what that looks like and, you know, if we don't have many people participate, maybe we do something else after Christmas. You know, maybe we combine it with Christmas tree collection or do something totally different. We won't know until we see what's out there. Simison: I guess my question is is there concern that you wouldn't do it on either scenario? Would you tell people -- if only a few people put it out, you say we are not -- we are not going to tell people no, even though you don't have to put out extra resources or, conversely, everyone does it and you got to double your resources, that's where I'm really like -- when you have the data, but what -- what's -- what are you -- what's the outcome that Republic is hoping for or is there no outcome that you are hoping for? Klein: No. I mean I think that they are -- the outcome was just to provide the right level of customer service and so for us I don't see that going away. You know, I don't know what that -- I guess if we have more than expected, then, we would step up, but less than that -- I mean I don't see a scenario necessarily that it would go away. The only scenario I see long term is asking residents to put it in a trash can, just to protect the workers. Generally after Christmas it's not a lot of broken glass or, you know, thorn bushes or things like that, but they would be handling -- it's probably going to be wrapping paper and, you know, trash from Christmas parties or holiday parties or things like that. So, it seems pretty safe. But long term -- I mean handling of trash bags is definitely our highest risk factor in our industry. That's where most people get hurt. So, we would love to see those in a container -- a rigid container of some sort would be long term, but, yeah, we can -- we can take a look at that after a couple years. Simison: And that's really where I'm kind of going to, is like what I heard was you are going to do it this year and next year, but maybe you are not going to do it anymore and if we are -- if we are rolling out a program I would hate for us to roll out a program that says ten bulky items and this and, then, next year it's a different message, because we are not going to do it after that. So, that's really kind of my question. Are we committed to the after Christmas -- Klein: Well, definitely as city partners we would -- we would ask you guys what -- we would present you guys with the data and say what do you guys want to do? You know, Meridian City Council Work Session November 21,2023 Page 11 of 14 like here is the data, would you rather see us do something else with these resources or keep the existing program, you know. So, we would definitely bring that back to you guys and -- I can't imagine ever a scenario where we would say, yeah, we did it two years, we are done. I mean we have been doing this for many many years, like, you know, post-holiday cleanup. So, we want to make sure everybody feels good about their trash going away after the holidays for sure. Simison: Yeah. I just want to make sure that we are messaging appropriately to the community that we are not going to re-message again with a different change if we can avoid it. I get it, maybe it is a new message of like we will put it out, but you have a different trash can -- Klein: Yeah. Not at this point. We don't really envision any big changes. McVey: Yeah. It might -- it might to that point be -- you have to group all of your small items into, you know, a trash can and that counts as one pickup and -- but we won't know if that's really needed until we see how much utilization of both of those programs happen. Simison: Okay. Perreault: Mr. Mayor? Overton: Mr. Mayor? Simison: Mayor Council Woman Perreault. Perreault: Thank you. It seems like a lot of the conversation is sort of geared towards the single family homes, like we talk about extra trash cans and all the different options and as our homes have gotten really smaller, fewer -- fewer garages, smaller garages and a lot more apartment complexes, can you kind of talk us through how that looks for an apartment dweller, given they have no control over their sidewalk or the trash. Maybe their managers are not -- you know, handling it with the adjustments that need to be handled and those kinds of things. McVey: So, Council Woman Perreault, great question. So, as -- you know, in part of our solid waste master plan dealing with multi-family and commercial is are -- on our agenda for the next couple of years, because those do have different requirements and, you know, a lot of the multi-family dwellings do end up having a recycling place on site, but it's definitely not as convenient as it is for single family. That's why we also -- one of the reasons why we want to continue to offer the drop off availability at the transfer station -- again I know not as convenient as -- as a home, but those -- those two items, multi-family and commercial, are definitely on our -- our radar. Perreault: Mr. Mayor? Meridian City Council Work Session November 21,2023 Page 12 of 14 Simison: Council Woman Perreault. Perreault: I use the transfer station a lot, but if I have bulky items to drop off you can't go to the transfer station and drop those off without a fee, like I could at my home. So, will that be reviewed and considered? McVey: So, I guess -- I guess, no. So, it would be if you want it for free it would have to be at -- done at your house. I guess that does not solve the multi-family dilemma. Perreault: Maybe just something for Republic to consider and look at given how many apartment dwellers we have in the -- in the city now. Thank you. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Right at the bottom -- I mean I appreciate how you have been willing to change this to try to make it work for our city and I see where we are going to track and analyze the program. I'm assuming what we want to do is by sometime next year you come back and show us what our level of utilization is and, hopefully, it's far greater than what we have -- you reported from the city of Boise. But that's what -- I think if we implement this now, there is no guarantees in the future that it's going to look just like it is, if parts of it are being utilized and parts of it aren't -- at least fair to say. You are looking for what gets the best utilization going forward for both you and for the residents of the City of Meridian. McVey: Correct. Overton: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I'm a fan of the adage if you don't measure it you can't improve it. So, that -- that -- that works there. My question is since -- it sounds like from our last meeting if we delayed it there was talk about, oh, we are going to miss the magnet, we won't be on the magnet, that sort of thing. Okay. So, now what's the plan for getting this word out? McVey: Sure. So, great question. So, we have the resolution next on the agenda. So, if you guys approve that, then, you know, later this week, tomorrow, next week Republic Services will generate the magnets and get those out by January 1 st, which would, then, have the information of the ten items plus for 2020, the last week of December pickup and, then, internally on the city side we will update the website in the month of December to include that new form and, then, we will also work on some social media and billing inserts, too. Meridian City Council Work Session November 21,2023 Page 13 of 14 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just one more question that we haven't really discussed and I don't know the thinking behind the -- the weeks chosen for the fall leaf pickup. It seems to me like that it's staying warmer and warmer and there is just not a lot of trees failing in October and so I'm wondering if there is a reconsideration of changing those dates further into November and early December? And while we are discussing changes I wanted to throw that out there. McVey: Yeah. I appreciate that. We can definitely take a look at that. Overton: Mr. Mayor, a comment. Simison: Councilman Overton. Overton: I wasn't going to say this, but I'm going to. Today's my trash day. In the four weeks of leaf pickup -- ended on the 17th and in my subdivision there were at least a hundred bags of leaves out by the trash today and I noticed they weren't picked up this morning, because it ended on the 17th and I don't want to get a driver in trouble, but kudos to Republic Services. They stopped and picked up every single bag, put them into the container and, then, put them into the truck and took every bag out of our development this afternoon and it was phenomenal. 16. Resolution 23-2425: A Resolution Accepting the Donations of Services and Programming Offered by Republic Services of Idaho: Updating Republic Services' Address for Notice Under the Solid Waste Collection and Disposal Services Franchise Agreement; Superseding Sections 2 and 3 of Resolution 12-844, as well as Exhibit A and the Addendum Thereto; and Providing an Effective Date Simison: Council, any further questions, comments? All right. Thank you very much. So, with that, Council, are we ready to move on to Item 16, which is Resolution 23- 2425. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would move that we approve Resolution 23-2425, resolution accepting the donation of services and programming offered by Republic Services of Idaho and updating Republican Services notice under this agreement. Cavener: Second. Meridian City Council Work Session November 21,2023 Page 14 of 14 Simison: I have a motion and a second to approve Resolution 23-2425. Is there discussion? If not, all in favor signify by saying aye. Any opposed nay? All ayes and the resolution is agreed to. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: And, Council, we are at the end of our meeting. Hoaglun: Mr. Mayor, I move that we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12 / 5 / 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 8, 2023 City Council Work Session Meridian City Council Work Session November 8,2023 Page 21 of 21 Simison: We will ask Ms. Squyres to reach out to you with that, because I know she's listening. Strader: Great. Simison: Okay. Miles: Thank you. Simison: Thank you, Dave. Council, we have reached the end of our work session. Do I have a motion to adjourn? Perreault: So moved. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-21-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 4 Pedestrian Pathway Easement (ESMT- 2023-0148) i ADA COUNTY RECORDER Trent Tripple 2023-065769 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/22/2023 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE i i ]!rniwt Name(Subdivision): Apex Northwest Subdivision No. 4 1 ESMT-2023-0148 PEDESTRIAN PATHWAY EASEMENT i THIS AGREEMENT, made this 21st day of Novemberlp 23 between Brighton Development Inc. hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal j corporation,hereinafter referred to as"Grantee"; WITNESSETH: 1 WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and i 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 3 { �f i 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 I and quiet possession thereof against the lawful claims of all persons whomsoever. I 1 IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. 1 i GRANTOR: Brighton Development Inc. i a Jonat an War , President STA OF IDAHO ) ss County of Ada ) This record was acknowledged before me on 10/10/2023 (date) by Jonathan D.Wardle (name of individual), [complete the following if signing in a representative capacity, or•strike the following if signing in an individual capacity] on behalf of Brighton Development Inc._ (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) j (stamp) Not y Signature My Commission Expires: 41151 0 COMMISSIp#29 28 NOTARY PUBLIC STATE OF IDANO MY COMMISSION EXP►RBS O4/15�029 i i Pedestrian Pathway Easement Page 2 Version 04/17/2023 I 3 9y J 1 GRANTEE: CITY OF MERIDIAN 1 Robert E. Simison,Mayor 11-21-2023 i I i i Attest by Chris Johnson, City Clerk 11-21-2023 I STATE OF IDAHO, ) 1 . ss. County of Ada ) i This record was acknowledged before me on 11-21-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. 3 i (stamp) Notary Signature My Commission Expires: 3-28-2028 i i Pedestrian Pathway Easement Page 3 Version 04/17/2023 E f 1 i 1 1 km ENGINEERING October 9,2023 Apex Northwest Subdivision No.4 Project No.22-053 Legal Description City of Meridian Pathway Easement Exhibit A j I A parcel of land for a City of Meridian Pathway Easement situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 31,Township 3 North,Range 1 East,B.M.,City of Meridian,Ada County,Idaho,and I being more particularly described as follows; Commencing at a 5/8-inch rebar marking the South 1/4 corner of said Section 31,which bears N89°42'21"W a distance of 2,640.00 feet from an aluminum cap marking the Southeast corner of said Section 31; Thence following the westerly line of Southwest 1/4 of the Southeast 1/4 of said Section 31,N00°16'52"E a distance of 1,342.44 feet to the Center-South 1/16 corner of said Section 31; Thence leaving said westerly line of said Southwest 1/4 of the Southeast 1/4 and following the westerly line of the Northwest 1/4 of the Southeast 1/4 of said Section 31,N00°16'52"E a distance of 50.01 feet to the POINT OF BEGINNING. i Thence following said westerly line, N00°16'52"E a distance of 18.00 feet; Thence leaving said westerly line,S89°43'08"E a distance of 31.00 feet; 7 Thence S00°16'52"W a distance of 18.00 feet; Thence N89°43'08"W a distance of 31.00 feet to the POINT OF BEGINNING. Said parcel contains 558 square feet,more or less,and is subject to any existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. 4�GL 5 ..e a 12469 9 OF l� r q. 7,o2� i 5725 North Discovery Way• Boise,Idaho 83713 • 208.639,6939• kmengllp.com Shafer View Estates L7 (TIE) L3 LB (TIE) L2 �— Brighton Development, Inc. POINT OF L5 S1131417210 BEGINNING -� C—S 1/16 CORNER SECTION 31 E. Crescendo St. (Proposed) a 0 n � � 3 r� 1 w ¢ Fdivision d Apex orthwest No.4 r io E l O 3 Z LO — I a ] ) L9 0 n :3 V 0 J 31 32 rFO N89'42'21"W 2640.00' 6 5T OF'COMMENCEMENT BASIS OF BEARING FOUND ALUMINUM CAPND 5/8" REBAR, "ALB 12459" E. Lake Hazel Rd. SE CORNER SECTION 31 S 1/4 CORNER SECTION 31 0 Z 0 LINE TABLE o LINE I BEARING DISTANCE L1 ( NO'16'52"E 50.01 0 100 200 300 L2 I NO'16'52"E 18,00 = Plan Scale: 1"=100' 1-3I S89'43'08"E 31.00 L4 I SO'1652"W 18.00 L5 N89'43'08"W 31.00 L7 SO'16'52"W 24.55 4 I LB SO'16'52"W 24.55 N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Pathway Easement kmengnP.c°m Apex Northwest Subdivision No. 4 oDATE: October2023 s PROJECT: 22.053 m SHEET: A portion of the NW 1/4 of the SE 1/4 of Section 31, N T3N. R1E. B.M. City of Meridian Ada Count Idaho �. 1 O F 1 � Y y, I i I i 1 1 i i I I I i a I i Title: Date: 10-04-2023 i Scale: 1 inch= 10 feet File:Deed Plotter.des Tract 1: 0.013 Acres: 558 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>11999999: Perimeter= 98 Feet 001=n00.1652e 18.00 003=s00.1652w 18.00 j 002=s89.4308e 31.00 004=n89.4308w 31.00 i i I I i 1 i i E IDIAN --- AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No.4 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0160) ADA COUNTY RECORDER Trent Tripple 2023-065768 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/22/2023 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE Apex Northwest Subdivision No. 4 Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0160 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 21 day of November 20 23 between Eagle I 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 L 11 I-, 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: GLE 1,LLC Chris Nolan,Member STATE OF IDAHO ) ) ss County of Ada ) Tp�is recor�d�,, was acknowledged before me on (date) by (name of individual), [complete the following if signing in a representative capaci , or strike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: 0144 .f � (type of authority such as officer or trustee) '�•,G4,��••......��.;�-•'•, (stamp) �pTAR}.•; $ w►•� ` Notary Signature My Commission Expires:_R-? ""SArirtaiy Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-21-2023 Attest by Chris Johnson, City Clerk 11-21-2023 STATE OF IDAHO, ) SS. County of Ada ) This record was acknowledged before me on 11-21-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 E N G I N E E R I N G October 23,2023 Apex Northwest Subdivision No,4 Project No.22-OS3 Legal Description City of Meridian Utility Easement Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southeast 1/4 of the Southwest 1/4 of Section 31,Township 3 North, Range 1.East, B,M.,City of Meridian,Ada County,Idaho, and being more particularly described as follows: Commencing at a found S/8-inch rebar marking the South 1/4 corner of said Section 31,which bears N89°42'21"W a distance of 2,640.00 feet from an aluminum cap marking the Southeast corner of said Section 31; Thence following the easterly line of said Southeast 1/4 of the Southwest 1/4 of Section 31,N00°16'S2"E a distance of 311.49 feet to the POINT OF BEGINNING. Thence leaving said easterly line,N89°43'08"W a distance of47.00 feet; Thence N00'16'S2"E a distance of 38.00 feet; Thence S89°43'08"E a distance of 47,00 feet to said easterly line; Thence following said easterly line,S00°16'S2"W a distance of 38,00 feet to the POINT OF BEGINNING. Said parcel contains 1,786 square feet,more or less,and is subject to any existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. a N 12459 0 2 OF N L. BI+LtiA4 �o - 7--3—\L3 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com 0 C—S 1/16 CORNER SECTION 31 C? N rn rn N P Proposed Apex 0 60 120 180 b Northwest Plan Scale: 1"=60' o Subdivision No.4 0 S89'43'08"E 47.00' I NOD'16-52"E_'I S00'16'52"W 38.00' N89-43'08"W 38.00' 41.00' '*'�POINT OF BEGINNING Eaglel, LLC Unplatted S1131347000 a ti � QJ m � 0 u Q 6 O 1 ° Q 0 N ¢ v 0 N ry 0 W g to U3 m Z o O Z L6 3 0 � I t � 3 � Z O L-DI E. Lake Hazel Rd. I D 0I < 31 32 ° POINT OF COMMENCEMENT N89'42'21"W 2640.00' FOUND 5/8" REBAR, "ALB 12459" BASIS OF BEARING FOUND ALUMINUM CAPE 5 o S 1/4 CORNER SECTION 31 SE CORNER SECTION 31 1CM E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY W BOISE,IDAHO83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement kmengllp.com Apex Northwest Subdivision No. 4 DATE: October2023 a PROJECT: 22-053 SHEET: A portion of the SE 1/4 of the SW 1/4 of Section 31, a 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho E IDIAN --- AGENDA ITEM ITEM TOPIC: Centerville Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0167) ADA COUNTY RECORDER Trent Tripple 2023-065770 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 11/22/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Centerville Subdivision No. 1 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2023-0167 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 21 day of November 20 23 between Endurance Holdings LLC and Viper Investments 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 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 Pagel Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Endurance Holdings LLC a ip Investments LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 04-6bv 1� b2P�Adatel by Co✓e!, Anrlu,n (name of individual), [complete the following if signing in a representative capacity., or strike the following if signing in an individual capacity] on behalf of E=i0�`.` _`T�„N�o '^gs .� iname of entity on behalf of whom record was executed), infollowing representative capacity: nAe,,,be,- of fbo+N, (type of authority such as officer or trustee) (stamp) - ADAIR KOLTES Notary public-State of Idaho Notary Signature Commission Number30052 My Commission Expires: �S'U1.7 MyCommission Expires 06-05-2028 Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-21-2023 Attest by Chris Johnson, City Clerk 11-21-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-21-2023 (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 Exhibit A Legal Description City of Meridian Sewer & Water Easement Centerville Subdivision No. 1 Viper Investments Parcel Easements being located in the NW % of the NE % of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT A Commencing at a Brass Cap monument marking the northwest corner of said NW % of the NE %, from which an Aluminum Cap monument marking the northeast corner of the NE % of said Section 33 bears S 89014'44" E a distance of 2660.44 feet; Thence along the westerly boundary of said NW% of the NE %S 0019'12" W a distance of 594.92 feet to a point; Thence leaving said boundary S 89040'48" E a distance of 159.00 feet to the POINT OF BEGINNING; Thence continuing S 89040'48" E a distance of 32.00 feet to a point; Thence S 0019'12" W a distance of 77.78 feet to a point; Thence N 89040'48" W a distance of 32.00 feet to a point; Thence N 0019'12" E a distance of 77.78 feet to the POINT OF BEGINNING. Said Easement A contains 2,489 square feet (0.057 acres) and is subject to any other easements existing or in use. EASEMENT B Commencing at a Brass Cap monument marking the northwest corner of said NW % of the NE %, from which an Aluminum Cap monument marking the northwest corner of the NW % of said Section 33 bears N 89015'18" W a distance of 2660.59 feet; Thence along the westerly boundary of said NW% of the NE % S 00 19'12"W a distance of 736.70 feet to a point; Thence leaving said northerly boundary S 89040'48" E a distance of 159.00 feet to the POINT OF BEGINNING; Thence continuing S 89040'48" E a distance of 32.00 feet to a point; Thence S 0019'12" W a distance of 31.50 feet to a point; Thence N 89040'48" W a distance of 12.00 feet to a point; Thence S 0019'12" W a distance of 151.42 feet to a point; L4nd oftitions Centerville Subdivision Meridian SS Land Surveying and Consulting t Easements Viper Investments Parcel Job No.20-16 Page 1 of 2 Thence N 89°40'48" W a distance of 20.00 feet to a point; Thence N 0°19'12" E a distance of 182.92 feet to the POINT OF BEGINNING. Said Easement B contains 4,036 square feet (0.093 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC ONANL LA A/0 S November 1, 2023 Co \S T FR p G Q Cn of 0 CL 11118 cp k(01 1-3� <� 1 T1 o F 2T0N W NPR Centerville Subdivision ✓��� -Land Surveying and Consulting Meridian SS&W Easements Viper Investments Parcel Job No.20-16 Page 2 of 2 Exhibit B CITY OF MERIDIAN SEWER & WATER EASEMENTS CENTERVILLE SUBDIVISION NO. 1 VIPER INVESTMENTS PARCEL LOCATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 28 1/4 E. AMITY ROAD BASIS OF BEARING E 1/16 _ _S89'14'44"E 2660.44' 28 27 33 1330.22' 1330.22' 33 34 0 CV (rn S89'40'48"E S89'40'48"E 159.00' 32.00' a ....................................................... POINT OF BEGINNING 13 0 EASEMENT A . 00 2,489 SF / 0.057 ACRES �I I v ^ol low vi °° Z I I`� 32.00' — — N89'40'48"W i PROPOSED CENTERVILLE SUBDIVISION NO. 1 M v S89'40'48"E S89:40'48.E 159.00 32.00' ( POINT OF BEGINNING EASEMENT B I M o a,l 4,036 SF / 0.093 ACRES `" o I N89'40'48"W N( I I 12.00' .I �I a(-cD I I� SIN :z Imo, Q I ICD 0 J' I I vi L J u i 20.00' 1 N89'40'48"W \oNp,L LAIVOS CN 1/16 F, T �G Of 11118 om OF \o���2 0' 40' 80' 160, TON W•HP L Aon- ofutions L and Surveying and Consulting 231 E.5TH ST,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB NO. 20-16 Exhibit A Legal Description City of Meridian Sewer & Water Easement Centerville Subdivision No. 1 Endurance Holdings North Parcel An easement being located in the NW% of the NE % of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said NW % of the NE %, from which an Aluminum Cap monument marking the northeast corner of the NE % of said Section 33 bears S 89014'44" E a distance of 2660.44 feet; Thence along the northerly boundary of said NW % of the NE % S 89°14'44" E a distance of 1004.14 feet to a point; Thence leaving said northerly boundary S 0'45'16" W a distance of 197.50 feet to the POINT OF BEGINNING; Thence S 89°14'44" E a distance of 165.90 feet to a point; Thence S 0045'16" W a distance of 20.00 feet to a point; Thence N 89014'44" W a distance of 165.90 feet to a point; Thence N 0°45'16" E a distance of 20.00 feet to the POINT OF BEGINNING. This easement contains 3,318 square feet (0.076 acres) and is subject to any other easements existing or in use. \oNPL LANDS Clinton W. Hansen, PLS 5 s r c G Land Solutions, PC November 1, 2023 ` �- 1111 0 It(ok �Z�i -z 2 F OF CO T0N W NP La' dSolutions Centerville Subdivision Land Surveying and Consulting Meridian SS&an Easements Endurance N Parcel Job No.20-16 Page 1 of 1 Exhibit B CITY OF MERIDIAN SEWER & WATER EASEMENT CENTERVILLE SUBDIVISION NO. 1 ENDURANCE HOLDINGS NORTH PARCEL LOCATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO BASIS OF BEARING 28 1/4 E. AMITY ROAD _ S89'14'44"E 2660.44' _ _ E 1/16 28 27 33 1004.14' 326.08' 1330.22' 33 34 o L o :� 0 cn = o (!) :3 co I r c z I O II POINT OF BEGINNING 1 5 m o w S89'14'44"E 165.90'CN __ o, 3,318 SF / 0.076 ACRES 1 0 Ln N (V � z N89'14'44"W 165.90' 3I j rx cm F o Z N U W I Q I I �Np.L LA/yes 1 S TFR GAL CN 1/16 a 1 1 1 1 0 -% 1lCo1 (-Z' 2 0 F SOP 5� 0' 40' 80' 160' �TO/V W. NP' J / luirions Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB NO.zLij Exhibit A Legal Description City of Meridian Sewer & Water Easement Centerville Subdivision No. 1 Endurance Holdings South Parcel An easement being located in the NW % of the NE '/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said NW % of the NE '/4, from which an Aluminum Cap monument marking the northeast corner of the NE '/4 of said Section 33 bears S 89014'44" E a distance of 2660.44 feet; Thence along the westerly boundary of said NW '/4 of the NE '/4 S 0019'12" W a distance of 1033.21 feet to a point; Thence leaving said boundary S 89040'48" E a distance of 528.40 feet to the POINT OF BEGINNING; Thence N 78000'00" E a distance of 20.00 feet to a point; Thence S 12000'00" E a distance of 40.50 feet to a point; Thence S 78000'00" W a distance of 20.00 feet to a point; Thence N 12000'00" W a distance of 40.50 feet to the POINT OF BEGINNING. This easement contains 810 square feet (0.019 acres) and is subject to any other easements existing or in use. ONPL LANs Clinton W. Hansen, PLS S T E Land Solutions, PC �`� RF �G November 1, 2023 11118 0 F 0N W NP- La olut olls Centerville Subdivision L Land Surveying and Consulting Meridian SS&an Easements Endurance S Parcel Job No.20-16 Page 1 of 1 Exhibit B CITY OF MERIDIAN SEWER & WATER EASEMENT CENTERVILLE SUBDIVISION NO. 1 ENDURANCE HOLDINGS SOUTH PARCEL LOCATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 28 1/4 , AMITY ROAD BASIS OF BEARING E 1 16 _ _S89'14'44"E 2660.44' 28 27 33 1330.22' - - 1330.22' 33 34 I Uq o I `" Sp0 vS CD N IM o I GEC. M I �pQpS�O e NI m CD 00 , N POINT OF BEGINNING, zo.00 ..... ...............N,a S8940'48E 528.40' o 0 N12'00'00"W� 1�o, 40.50' \ 810 SF / 0.019 ACRES 20.00' „w I s�a'oo 00 m Icp Ln m N I J CN 1/16 I oNPL LA NOS 2 1ST£ 0 1 � 11 0 N� o� OF W.NP 0' 40' 80' 160' fut ions LLan* urveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz J03 NO.20-16 E IDIAN --- AGENDA ITEM ITEM TOPIC: Lake Hazel Rd. Sewer and Water Project Sanitary Sewer and Water Main Easement No. 2 (ESMT-2023-0161) ADA COUNTY RECORDER Trent Tripple 2023-065774 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/22/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision):. Lake Hazel Rd.Sewer and Water Project 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-2023-0161 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this21 day of November 20 23 between DwT Investments LLC&SCS Investments 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. [END OF TEXT;SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager vt�'� By: Robert L. Phillips, President STATE OF IDAHO } :SS. County of Ada } On this 30"b day of October, in the year 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of DWT Investments, LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. =SHARIHAN te of Idaho r 20181002NOtar Public for Idaho s Jun 1, 2024 y My Commission Expires: — — GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company Bk- littAd'11 Byqw, : A. Hall, Pre.ident STATE OF I DA H O ss. County of Ada This record was acknowledged before me on October �� ,2023; by Michael A.Hall,as the President of SCS Investments LLC,an Idaho limited liability company. AL 010 DONNA WILSON Notary Public for Idaho COMMISSION#67674 M Commission Expires: NOTARY PUBLIC y P STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-21-2023 Attest by Chris Johnson, City Clerk 11-21-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-21-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/1 7/2023 1 _ E N G I N E E R I N G October 25,2023 Project No. 22-023 Lake Hazel Rd.Sewer and Water Project City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement situated in a portion of Government Lot 4 of Section 6,Township 2 North, Range 1 East, Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 6,which bears N89°42'12"W a distance of 2,490.51 feet from a 5/8-inch rebar marking the North 1/4 corner of said Section 6; Thence following the northerly line of said Government Lot 4,S89°42'12"E a distance of 655.06 feet; Thence leaving said northerly line,S00°1748"W a distance of 70.50 feet to the proposed southerly right-of- way line of E. Lake Hazel Rd.and being the POINT OF BEGINNING. Thence following said proposed southerly right-of-way line,S89°42'12"E a distance of 34.00 feet; Thence leaving said proposed southerly right-of-way line,S00°17'48"W a distance of 35.00 feet; Thence N89°42'12"W a distance of 34.00 feet; Thence N00°17'48"E a distance of 35.00 feet to the POINT OF BEGINNING. Said parcel contains 1,190 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. �IST� n 12459 0 � O F 1� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com N 0 40 80 120 Plan Scale: 1"=40' POINT OF COMMENCEMENT rFOUND ALUMINUM CAP NORTHWEST SECTION 6 E. Lake Hazel Rd. FOUND 5/8" REBAR 36 i 31 BASIS OF BEARING NORTH 1/4 CORNER SECTION 6 31 T3N _ _ _ _ S89'42'12"E 2490.51' 1 6 T2N 655.06' 1835.45' 6 3Iw w I �Iv I r` 0 o I In POINT OF cn n B74.18' G cTs S89'42'12"E w 34.00' 3 31.43' x ^lo old vil olr� z� 34.00' �0 o N89'42'12"W DWT Investments, LLC. 0 S1406223012 N N N O ti O Q m Z O c a Q 3 ro z LEGEND W ® FOUND ALUMINUM CAP w Qo FOUND 5/8" REBAR Q3 CALCULATED POINT a — — — SECTION LINE 3 PROPOSED R-O-W LINE m — — — ——— — — PROPOSED EASEMENT 0 N EN GI NEERIN-G 5725 NORTH DISCOVERY WAY X BOISE,IDAHO83713 PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement kmengllp-com Lake Hazel Rd. Sewer and Water Project s DATE: October2023 Q PROJECT: 22.023 I SHEET: A portion of Gov't Lot 4, Section 6, T2N, R1E, 1 OF 1 B.M., City of Meridian, Ada County, Idaho a e E IDIAN --- AGENDA ITEM ITEM TOPIC: Lake Hazel Rd. Sewer and Water Project Sanitary Sewer and Water Main Easement No. 3 (ESMT-2023-0162) ADA COUNTY RECORDER Trent Tripple 2023-065773 BOISE IDAHO Pgs=6 CHE FOWLER 11/22/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision):. Lake Hazel Rd.Sewer and Water Proiect 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-2023-0162 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 21 day of November 20 23 between SCSH Properties,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. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTOR: SCSH PROPERTIES LLC, an Idaho limited liability company By:SCS Management LLC, An Idaho limited liability company, Manager l"'� 14j, By. ' Mich el A. Hall, President STATE OF IDAHO ) :ss. County of Ada ) On this day of October,in the year 2023, before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Management LLC,the Manager of SCSH Properties LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DONNA WILSON Notary Public for Idaho COMMISSION#67674 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-21-2023 Attest by Chris Johnson, City Clerk 11-21-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-21-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 i E N G I N E E R I N G October 27,2023 Project No.22-023 Lake Hazel Rd.Sewer and Water Project City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement situated in a portion of Government Lot 3 of Section 6,Township 2 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the northwest corner of said Government Lot 3,which bears N89°42'12"W a distance of 1,300.53 feet from a 5/8-inch rebar marking the North 1/4 corner of said Section 6; Thence following the westerly line of said Government Lot 3,S00°26'49"W a distance of 77.48 feet to the proposed southerly right-of-way line of E. Lake Hazel Rd.; Thence leaving said westerly line and following said proposed southerly right-of-way line,S89°42'12"E a distance of 33.78 feet to the POINT OF BEGINNING. Thence following said proposed southerly right-of-way line,S89°42'12"E a distance of 37.50 feet; Thence leaving said proposed southerly right-of-way line,S00°17'48"W a distance of 60.11 feet; Thence N89°42'12"W a distance of 37.50 feet; Thence N00°17'48"E a distance of 60.11 feet to the POINT OF BEGINNING. Said parcel contains 2,254 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. �L L05D s IST .e a N 12459 0 '9 9a� OF O'�L. B�titi�. 10 .z-7-Z-6)2-3 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengllp.com N 0 40 80 120 Plan Scale: 1"=40' r FOUND ALUMINUM CAP NORTHWEST SECTION 6 FOUND 5/8" REBAR 36 [31 BASIS OF BEARING NORTH 1/4 CORNER SECTION 6� 31 T3N N89'42'12"W — N89'42'12"W 1300.53' 1 6 TN 1189.98' — — — 6 E. Lake Hazel Rd. 3 I w 112 POINT OF COMMENCEMENT FOUND 5/8" REBAR f N m NW CORNER GOVERNMENT LOT 3 bo SECTION 6 v) - I X o fD S89'42'12"E S89'42'12"E 33.78' 37.50' I 33.55' O UJ NI CO �� co o� 01 SCSH Properties, LLC. ZI 0� S1406212600 S a I N89'42'12"W o ——— —-A a 37.50' a 3 0 x Z LEGEND ® FOUND ALUMINUM CAP w QO FOUND 5/8" REBAR 3 CALCULATED POINT a — — — SECTION LINE 3 PROPOSED R—O—W LINE N —— — ——— —— PROPOSED EASEMENT 0 1M E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY X BOISE,IDAHO 83713 PHO N E(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement > kmengllp.com Lake Hazel Rd. Sewer and Water Project DATE: October2023 S PROJECT: 22—023 � SHEET: —"1 A portion of Gov't Lot 3, Section 6, T2N, R1E, a 1 OF 1 B.M., City of Meridian, Ada County, Idaho E IDIAN --- AGENDA ITEM ITEM TOPIC: Shafer View Terrace Sanitary Sewer and Water Main Easement (ESMT-2023- 0165) ADA COUNTY RECORDER Trent Tripple 2023-065775 BOISE IDAHO Pgs=6 CHE FOWLER 11/22/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivisionl: Sanitary Sewer&Rater 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-2023-0165 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement A reement, made this28thday of November 2023 between - ) ("Grantor")and the City of Meridian,an Idaho Municipal Corporation ("Grantee'); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I Version 04/17/2021 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: Shafer View North,LLC qr�/ Q jo.,— S ATE OF IDAHO ) ) ss County of Ada ) This rec was acknowledged before me on �y lI ( (date) by l!J/IiYh f �k.,-rS (name of individual), [complete the following if signing in a representat' a cF acity, or strike the following if signing in an individual capacity] on behalf of ,)Ah Ll ame of entity on behalf to om record was executed), in the following represe tative capacity: LcJ !�.?� ,K (type of authority such as officer or trustee) • �ti0fp►phr+i W OLSav*%, (stafnp2� OiAR Notary ignatureJP 4 / —'O`� My Commission Expires: a OF Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-28-2023 Attest by Chris Johnson, City Clerk 11-28-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-28-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A r Q\�v � fcyy ACCURATEowl SURVEYING & MAPPING fFRVIc� Job No. 20-227 Water and Sewer Easement An easement over and across a portion of Lot 4, Block 1 of Shafer View Estates Subdivision as recorded in Book 84 of Plats at Pages 9403 and 9404, Records of Ada County, said easement is located in the North Half of the Southwest Quarter of Section 31,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 aluminum cap monument at the Quarter Corner common to Section 31, T3N, R1E and Section 36, T3N, R1W, from which the found brass cap at the township corner common to Township 3 North, Ranges 1 East and 1 West, and Township 2 North, Ranges 1 East and 1 West bears S 00' 05' 17" E a distance of 2669.99 feet;thence S 00' 05' 17" E along the township line for a distance of 915.40 feet; thence N 89' 54' 43" E for a distance of 400.66 feet to the POINT OF BEGINNING; Thence N 28' 48' 47" E for a distance of 100.03 feet; Thence 103.86 feet along a curve to the left, said curve having a radius of 200.00 feet, a central angle of 29°45'10" and a long chord bearing N 13' 56' 12" E a distance of 102.69 feet; Thence N 00' 56' 23" W for a distance of 108.06 feet; Thence N 04' 38' 55" E for a distance of 83.46 feet; Thence 30.26 feet along a curve to the left, said curve having a radius of 250.00 feet, a central angle of 06°56'03" and a long chord bearing N 87' 27' 34" E a distance of 30.24 feet; Thence S 04* 38' 55" W for a distance of 85.78 feet; Thence S 00' 56' 23" E for a distance of 106.59 feet; Thence 37.42 feet along a curve to the right, said curve having a radius of 230.00 feet, a central angle of 09'19'19" and a long chord bearing S 03'43' 17" W a distance of 37.38 feet; Thence S 87'09' 55" E for a distance of 126.22 feet; Thence S 03* 59' 33" E for a distance of 30.21 feet; Thence N 87' 09' 55" W for a distance of 134.75 feet; (CONTINUED ON NEXT PAGE) 1 1520 W. Washington St. Boise, ID 83702 J Phone: 208-488-4227 www.accuratesurveyors.com r E cyy ACCURATE4 z o SURVEYING & MAPPING �FR V ICE Job No. 20-227 Thence 51.59 feet along a curve to the right, said curve having a radius of 230.00 feet, a central angle of 12*51'05" and a long chord bearing S 220 23' 14" W a distance of 51.48 feet; Thence S 280 48' 47" W for a distance of 107.74 feet to the northerly right-of-way of E. Shafer View Drive, Thence along said right-of-way 30.98 feet along a curve to the right, said curve having a radius of 475.00 feet, a central angle of 03*44'13" and a long chord bearing N 460 46' 53" W a distance of 30.97 feet to the POINT OF BEGINNING. Easement contains 0.370 acres, or 16,125 square feet, more or less. N 11463 �A �o•it•23Q 2 1520 W. Washington St. Boise, ID 83702 Phone: 208488-4227 www.accu rates u rveyors.co EXHIBIT B EXHIBIT MAR WA TER an d SEWER EA SEMEN T OVER A PORTION OF L 0 T 4, BLOCK 1, SHAFER VIEW ESTATES SUBDIVISION, BOOK 84, PAGES 9403-9404, RECORDS OF ADA COUNTY, IDAHO, LYING WITHIN THE N 112 OF THE SW 114 OF SECTION 31, T.3N., R.1E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO E. HEUOTROPE DR. (PROPOSED) v C2 is 9 is ��� 105g J MCBjRNEy L4TEI? PROPOSED O SHAFER VIEW N Ln TERRACE J J SHAFER VIEW SCALE: 1"=100' 61 114 CORNER SUBDIVISION B I V I ION O ES TA TES B IS 36 31 S BLOCK CK ION rn W L6 L8 ; E. PRAIRIE 1/1EW W W q LINE TABLE LINE BEARING DISTANCE Oct N i rn Sy Q° ; L1 N 28'48'47" E 100.03' L2 N 00'56'23" W 108.06' m; TIE: L3 N 04'38'55" E 83.46' Z N N89-54'43"E L4 S 04'38'55" W 85.78' o 4 00.66 `S L5 S 00'56'23" E 106.59' L6 S 87'09'55" E 126.22' L7 S 03'59'33" E 30.21' m co ®� L8 N 87'09'55" W 134.75' TOWNSHIP L9 S 28'48'47" W 107.74' 3 1CORNER CURVE TABLE 1 2 CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C 1 103.86' 200.00' 29'45'10" N 13'56'12" E 102.69' C2 30.26' 250.00' 6'56'03" N 87'27'34" E 30.24' C3 37.42' 230.00' 9'19,19" S 03'43'17" W 37.38' C4 51.59' 11 230.00' 12'51'05" S 22'23'14" W 51.48' C5 1 30.98' 475.00' 3-44'13" N 46'46'53" W 30.97' LEGEND — — SECTION LINEPROPOSE ANO LOT LINED o �� G� ���� T Fcy� ACCURATE EASEMENT 11463 ``� 1_ r SURVEYING & MAPPING BRASS CAP MONUMENT `� ` O z m 1520 W.Washington St. ALUMINUM CAP MONUMENT �9T P Boise, Idaho 83702 F OF �� of * , (208)488-4227 0 CALCULATED POINT �LgIhAN J �p��' �FB V 1 www.accuratesurveyors.com DATE:OCT., 2023 JOB 20-227 E IDIAN --- AGENDA ITEM ITEM TOPIC: SWIG Lost Rapids Subdivision Water Main Easement (ESMT-2023-0163) Pro'ect:SWIG 1 Subdivision:Lost Rapids Subdivision ADA COUNTY RECORDER Trent Tripple 2023-065776 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/22/2023 08:04 AM 4 ;:.ESMT-2023-0163 CITY OF MERIDIAN, IDAHO NO FEE Identify this Eawtnmt hystNuemfial number it" r¢tjert contains (See!tart tier s for Witioml inf :eiton). GFI -Meridian l Easement greement made this 21St day November 23 between Investments II, LLC "Grantor")„ and the City of Meridian,an Idaho Municipal-Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a Water service right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the Water service is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary y 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 fight-of-Way for an easement for the operation and maintenance of Water services over and across the follaMng described property "SEE ATTACHED EXHIBITS A and The easement hereby granted is for the purpose of construction and operation of Water service and their allied facilities,together With them 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 LD,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 r stodng anything placed within the area described in this easement that Was placed there in violation of this easement THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent stnictr res or obstructions Within the easement area that world interfere with Grantee's use of said easement,including,but not limited to, buildings,trash enclosures, carbons, sheds,fences,trees,or deep-rooted shrubs THE GRANTOR v ants and agrees with the Grantee that should any part of the right-of- way and easement hereby grass!ed shall become part of,or lie Wthin the boundaries of any Water Service Easement Pages t Version apt 1 2 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 thereofagainst 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: GFI -Meridian Investments II,LLC 7 7 �_ L)i-c-L\ "'A STATE OF County of* d* ) This record was acknowledged before me on wl�pl-tvzidate)by k v—v C�S� (name of individual), [complete the following i signing in a representative capacity, or strr the following If signing in an individual capacity] on behalf of GFI -Meridian Investments 11, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: 9�4f (type of authority such as officer or trustee) (stamp) Notary Signature SCOTT TEUSCHER My Commission Expires: NOTARY PUBLIC•STATE OF UTAH COMMISSION NO. 727754 COMM. EXP. 11-4-2026 Water Service Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-21-2023 Attest by Chris Johnson, City Clerk 11-21-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-21-2023 (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" Water Service Easement Page 3 Version 04/17/2023 km E N G I N E E R I N G October 6,2023 Lost Rapids West Subdivision Project No.23-214 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement being a portion of Lot 2, Block 1 of Lost Rapids West Subdivision (Book 125 of Plats, Pages 20126-20128)situated in the Northeast 1/4 of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Southeast corner of said Lot 2,which bears S89°17'16"E a distance of 85.00 feet from a 1/2-inch rebar marking the Southwest corner of said Lot 2,thence following the southerly line of said Lot 2,N89'17'16"W a distance of 16.96 feet; Thence leaving said southerly line, N00°42'44"E a distance of 15.00 feet to the northerly line of an existing City of Meridian sewer and water easement as described per Instrument No.2019-077073 and being the POINT OF BEGINNING. Thence following said northerly existing easement line, N89'17'16"W a distance of 20.00 feet; Thence leaving said northerly existing easement line, NOO°37'42"E a distance of 20.00 feet; Thence S89°17'16"E a distance of 20.00 feet; Thence S00°37'42"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 400 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. �,pl LAIyQ S o�c, E N SF� G � 006 6 TF OF �oP� �<< HYNSO 10/V2o23 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Lot 2, Block 1 Lost Rapids West Subdivision LINE TABLE LINE BEARING DISTANCE L1 N00'42'44"E 15.00 Lot 1, Block 1 Lost Rapids L2 N89'17'16"W 20.00 Lot 5, Block 1 West Subdivision Lost Rapids L3 N00'37'42"E 20.00 Subdivision L4 S89'17'16"E 20.00 L5 S00'37'42"W 20.00 L4 �LO J J POINT OF BEGINNING -- — — — — — — — — — — — �--L2— — — — — — — — — — — EXISTING CITY OF MERIDIAN ^ SEWER AND WATER EASEMENT v PER INSTRUMENT No, 2019-077073 If 68.04' J ' 16.96' SOUTHWEST CORNER T S89`17'16"E 85.00' G LOT 2 JJJ BASIS OF BEARING POINT OF COMMENCEMENT FOUND 1/2" REBAR SOUTHEAST CORNER LOT 2 FOUND 5/8" REBAR a Lot 3, Block 1 Lost Rapids Subdivision N CD Y H Z N Q W c N aion 0 20 40 60 ENGINEERING Plan Scale: l' = 20' m 5725 NORTH DISCOVERY WAY w BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B w kmengnp.c°m City of Meridian Water Easement DATE: Oft°ber 2023 a PROJECT: 23-214 SHEET: A Portion of Lot 2, Block 1 of Lost Rapids West Subdivision 1 OF 1 NE 1/4 Sec. 27, T4N., R1W., B.M., City of Meridian, Ada County, Idaho a 20.00 s89°17'16"e iv 3 N CIC NO N Cl, m n89°17'16"w 20.00 Title: Date: 10-06-2023 Scale: 1 inch= 5 feet File: Tract 1: 0.009 Acres: 400 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 80 Feet 001=n89.1716w 20.00 003=s89.1716e 20.00 002=n00.3742e 20.00 004=s00.3742w 20.00 E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Order for Prariefire Subdivision (FP-2023-0023) by Kent Brown Planning Services, located at 3539 N. Locust Grove Rd., near the northwest corner of E. Ustick Rd. and N. Locust Grove Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 8, 2023 ORDER APPROVAL DATE: NOVEMBER 21, 2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 21 BUILDING ) CASE NO. FP-2023-0023 LOTS AND 1 COMMON LOT ON ) 3.16 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT PRAIRIEFIRE SUBDIVISION. ) BY: KENT BROWN PLANNING ) SERVICES ) APPLICANT ) This matter coming before the City Council on November 8, 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 PRAIRIEFIRE SUBDIVISION, LOCATED IN THE SOUTHEAST OF SECTION 31, TOWNSHIP 4N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: 9/20/2023, by MITCHELL R. POWER, PLS, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PRAIRIEFIRE SUBDIVISION—FILE FP-2023-0023) Page 1 of 3 I 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 November 8, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, a true and correct copy of which is attached hereto marked "Exhibit B" 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(PRAIRIEFIRE SUBDIVISION—FILE FP-2023-0023) 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 21 st day of November , 2023. By: Robert E Simison 11-21-2023 Mayor, City of Meridian Attest: Chris Johnson 11-21-2023 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 11-21-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PRAIRIEFIRE SUBDIVISION—FILE FP-2023-0023) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING November 8, 2023 Legend v DATE: Project Location TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 SUBJECT: Prairiefire Subdivision-FP m FP-2023-0023 LOCATION: 3539 N. Locust Grove Road,in the Southeast 1/4 of the Southeast 1/4 of Section 31,TAN.,R.IE. L PROJECT DESCRIPTION The Applicant requests approval of a final plat consisting of 21 single-family residential buildable lots and 1 common lot on 3.16 acres of land in the R-8 zoning district. IL APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Drive, Meridian, ID 83642 B. Owner: Mitch Armuth,Providence Properties,LLC—701 S. Allen Street, Str. 104,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0053)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed final plat and the number of buildable lots has decreased from 22 buildable lots to 21 buildable lots and the Pagel amount of common open space area is the same. Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat per the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 4/22/2022) 1 PRFLNMARY F4wi 9iGMNG '!' O PRARIEFIRE SUBDIVISION A PARCEL E I SE BEING 1.43NP IN s,[ 1 SE]OF TE N.A SELTON,t A3N-,022 8M. 4ERIDIAN.wOw COJktt,tDN,O 2022 S '�� ��' '! E ImJ::r el-•�aJ. �J�r rl �J sa-I� _..».- o-,F,» t!J YJI YJ•71'J tlJ�JI iCJ iSl Sl•bV a�,l a l- _:l_1s�1YL ~• j' __' :�r:. suer •*.-w%� E�3 •Y�--•. a i 'r ' li{ x wy wM: P1.D Page 3 B. Final Plat(dated: 9/20/23) Plat Shoving Prariefire Subdivision A Pont-of the S-lh***l Ciwortw of the Southeast Quorteir of Section 31.Township 4 North.Range I East.B.I..Meridian. City of MeOdIon.2023 Ada County, Idaho- ift 410eW eeli j j 1- S. WE 1. 0 L eiiiiiiiii M, ------------ I—0 SURVEY GROUP,LLC C. Landscape Plan(dated: 9/27/23) .._....,...� GENERAL NOTES M LANDSCAPE LEGEND '^ ! - F PLANT SCHEDULE .__.__..._..._.._.._.._..�._ DISCLAIMER m p . .. n — 6 ROW LANDSCAPE NOTES W N d.....�........_�....».� ..............a.......-. MJ�B —...,sum_.__... ._....�r..p..�_ ,f •'_'_ .:'�1:_—� -.__ u ECIDUOUS TREE PLANTING SHRUB PLANTING 5VINYL FENCE PANEL �\VINYL FENCE PANEL a-a LZ.O 3 TREE MITIGATION LEGEND: ... smad ME EXISTING TREE INVENTORY Will CD— mrnm7 DN PLAN TREE TRANSPLANT NOTES: TREE PROTECTION NOTES: z 3 Page 5 Preliminary Prairiefire Home D. Conceptual Elevations low= 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-2022-0053 (Development Agreement Inst. 92023-033829)]. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval of the preliminary plat(December 20,2024)in order for the preliminary plat to remain valid; 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 acknowledgment signed and notarized. 4. The final plat prepared by Idaho Survey Group,LLC. stamped by Mitchell R. Power,dated: 9/20/2023,included in Section V.B shall be revised as follows: a. Note 97: Include the recorded instrument of the Prairiefire Subdivision Homeowners' Association Master Declaration of Covenants,Conditions,and Restrictions on the recorded plat. b. Add a Note: "The subdivision is subject to the existing Development Agreement and include the DA instrument number(DA Inst. 92023-033829)." 5. The landscape plan prepared by Olivia Landscape Design dated: 1/20/2023,included in Section V.C, shall be revised as follows: a. Depict landscaping along the micropath in accord with the standards listed in UDC 11-3B- 12C; the landscape strips shall be planted with a mix of trees, shrubs,lawn, and/or other vegetative ground cover. b. Depict a 25-foot landscape buffer adjacent to N. Locust Grove Road(commercial arterial) in accordance with UDC 11-3B-7C.3;the landscape strips shall be planted with a mix of trees, shrubs,lawn, and/or other vegetative ground cover. c. Revise the fencing detail along the common lot and micro path to include a 4-foot solid vinyl fence with 2-feet of open vision pickets in accordance with UDC 11-3A-7. 6. Direct lot access to N. Locust Grove Road is prohibited in accordance with UDC 11-3A-3. 7. Homes with bonus rooms constructed on Lots 1-10,Block 1 abutting the Quenzer Commons Subdivision along the north boundary shall only have second-story windows on the street- facing elevations. 8. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2a-6 for the R-8 zoning district. 9. Off-street parking is required to be provided for all residential units in accordance with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott,at 887-1620 for more information. 11. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. Page 7 12. The Applicant shall comply with all conditions of ACHD. 13. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 14. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the. standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5,UDC 11-313-13 and UDC 11-313-14. B. Public Works https.IlweblinkmeridiancituomlWebLink/DocView.aspx?id=309402&dbid=0&repo Meridian City EXHIBIT B Charlene From: kent brown <kent|kb@gmaiicom> Sent: Friday, DcLober27' 2023 1:46 PM To: Stacy Hersh Cc: Bill Parsons; Bill Nary; Kurt Starman; Chris Johnson; Tina Lomeli; Charlene Way Subject: Re: PraihefireSubdivision FP-2023-0023 �::'XteirinmU Sender'Please use caution with links orattachments. Stacy the developer has reviewed the staff report and are in agreement with the conditions of Approval Kent Brown On Thu, Oct 26, 2023 at 10:56AM Stacy Hersh wrote: Good Morning, Attached is the staff report for the final plat for Prairiefire Subdivision. This item is scheduled tnhcoothe consent ugcodu at the City Council work session on November 8, 2023. The meeting will be held at City f{uli 33 B. Broadway Avenue, beginning u14:30pcu. Please cull or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit u written response tnthe stuff report tnthe City Clerk's office l and cuc as soon as possible and the item will be placed on the regular meeting ugcodu at u subsequent meeting for discussion. Best regards, Stacy Hersh | Associate Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (ZU8)'489'U576, Fax: (ZU8)'887'1Z97 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 2 E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Plat for Sagarra Subdivision No. 2 (FP-2023-0016) by Sagarra Phase 1, LLC., generally located at the southeast corner of N. Bergman Ave. and W. Orchard Park Dr. STAFF REPORT E IDIAN--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/21/2023 Le _ _9 I DATE: ( end , 01 Pro*c Loc a*or TO: Mayor&City Council � RE 1 L FROM: Sonya Allen,Associate Planner = 208-884-5533 SUBJECT: Sagarra Subdivision No. 2—FP,PS �F ?����?�: � �� x� FP-2023-0016- A-2023-0138 LOCATION: Generally located at the southwest corner W- m R; of N. Bergman Ave. and W. Orchard Park Dr.,in the NW 1/4 of Section 25, T.4N.,R.I W. 54 L PROJECT DESCRIPTION Final plat consisting of 63 buildable lots and 10 common lots on 10.39 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Michael Slavin, Sagarra Phase 1, LLC—404 S. 8tn St.,4300A1,Boise,ID 83702 B. Owner Lynx Investments,LLLP— 198 N.Al Fresco Pl.,Boise,ID 83712 C. Applicant Representative: Ross Erickson,Erickson Civil, Inc. —6213 N. Cloverdale Rd., Ste. 125, Boise,ID 83713 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-002 as required by UDC 11-6B-3C.2. The submitted final plat is for the same number of building lots and common area as approved with the preliminary plat;therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. Staff has reviewed the application for private streets within the development as shown on the final plat. The 26-foot wide streets are proposed to be located in common lots in the subdivision and will connect to local streets;the point of connection of the private streets to the public streets is subject to approval by ACHD. The Fire Dept.has approved the request contingent upon both sides of the street Page 1 being signed"No Parking Fire Lane"per 2018 IFC.No gates or other obstacles are proposed or approved at the entries of the private streets. The Director has tentatively approved the request subject to completion of the tasks listed in UDC 11-3F-3B within one (1)year in accord with the Findings listed in Section VII below. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. The Director has tentatively approved the request for private streets within the development per the conditions in Section VI,in accord with the Findings in Section VII. V. EXHIBITS A. Preliminary Plat(date: 3/7/2023) PRELIMINARY PLAT FOR SAGARRA SUBDIVISION A REPEAT OF LOTS 2-3 OF BLOCK 2,ANO LOTS'1-3 OF BLOCK 3.LINGER VILLAGE SUBDIVISION _ — - ND LOT I OF BLOCK 2,PARAMOUNT POINT SU BGIVISION - -- SITUATED IN THEN �ANO NE s OF SECTION 25,TOWNSNIP<NORTN.RANGE 1 WEST, ', __ -- BOISE MERIDIAN.AGA COUNTY,IDANO ,„ 2022 Logond Notes ,,•B1_��' _ ..r _ „„..�..a......,., 33147 Standard Local Straot 0 - o ..�< .. Vicinity Map \w'- 25'Private Street(Phase 1) e ..�..,. 17 - .. ��..-. 26'Private Street(PhaseV2)a e m w lei t i 41 . , i n.lop �9' Contacts F w IM2IN PRELIMINARY PLAT-PHASE 1 - PP,11 Page 2 oNx�e�„�»v, ».�..,�,nu�„maw ..,u„ „�< a�'°"�°� �' �'A.�\\ �..�,.. -___--_-—r�_+-- .�+°'a�.'iN rt 1 scars awn at o ---------- L—L] _yj L! Li Phasing Plan Parcels Included a„r Jd .77I� ---- ,01. ri fin I ID62— PRELIMINARY PLAT-PHASE 2 PP.2 Page 3 B. Final Plat(date: 11/14/2023) PLAT Book Page Of 60 t0 GRAPHIC SOLE 32a SAGARRA SUBDIVISION No.2 A PARCEL OF LAND BEING LOTS 1-3, BLOCK 3 OF LINDER VILLAGE SUBDIVISION AND LOT 1, BLOCK 2 OF PARAMOUNT POINT SUBDIVISION 1�xn m1« LOCATED IN THE NW 1/4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE i LEGS O WEST, BOISE MERIDIAN, ADA COUNTY IDAHO. 2023. U. 0 Exo.,wexr Parcel Line Table Curve Table anorrbEn aaDFEEr u� Lhe} Len916 DWa I. E.—} -,M R j.i ute Ce¢}Oiee[toe C——g- u° ——————— IE—PeD 1 LInE L1 57.W NO'37'56'E C, U.2P 2a`A' N'W OW N45'3Y!B E 26.99' 15758 --- IEXD IDT DnE L2 4.00' NfiB'27'04'W C2 106.03' 6-r 69'%'Sr N45'3Y U'E 9i46' 111n4nYx'3'F x xwD a7nFr,u>E U 10.99' NO'SY 56'E C3 166.20' 2ta01' 41'S5'44' N86'10'03'E 16342' 9 �K`XpwNS� E,EEXEnT LA 29.14' NW'45'32"E 14 11a37' 150.00' 42'23'19' Ne6'53'46'E 115.6V xI.N[bF-wex LS mm. No 37 57 E CS 45.23' 2600' 92'3Y 09' $45'31'W'E 4147' ¶ 41MIEIN Cw U 4646' S69'22'a5'E C6 43.96' 2AO0' W W'00' NRS•31r WE 39.50' ® FgN6 5/9'IRC11 FN L7 11.07' $0,36'36'e C7 69.74' I—' -35 SO' N76'3Y 28 E -1' x4'..FN W/CM L37.01' 21'24'E Cfi 1-' 2RO0' -20'- N7P 12-WE 14.66' • SET t/x"x H"Ixb,%x W/<N !JIL 36'WE69 10.W' 179.50' 3'1B'14' S12'29'29'E 10.40'21':`!'E�'xMT-Tx4ro45 --- `EEE 'O 23 24 BA515 OF eEA61NC5 LL1 x f HBexe'E`DD' � - -- Y I >rN5Yab1=w 225.etl 9FF 26 25 e.a1�^ yn R%i1c is[ Dole Q LP 6m,m„¢.a„r«¢ryx,¢ n¢ a �o 'w�uc mnn.,�o r.mvm / ®I f O III sxs'xm[ MEvx a.e,ew .o.o.. o,,,me:,.e„o•:me..,7.�nF all a L,n. ED[T rx racm¢,anwaw yr ' O sE[.x III I b Q xDtE ID I w BLOCK LQJ L s' °, ..mr„ ,¢1-11 M, (qF] it e,¢ mxw¢wmew aw orn �¢x�> BLOCK 5 _�a.l,nD. sle M-1D w O r sEE 11E 12♦ BLOCK 5 z a 1 ,e1 E T•f ? .r n.+mx,r r,.aw,.x m¢1[ ,�.¢aw....xmxxe,.x�mow,..:¢e¢xL.w m¢r>m aar. T^ er,n..mw axttn ,rax.amuear a¢ra 'O ® LI�_ e.,�w.�x,rpza xn wm u u eman x em„m un�,aouY xsmrumru..m,<r,rz.s¢mr x w a¢r r. �n` MEC7a9 LN. -7r QI I®10 __J L -,e.4�s�naTE ID EEE XmE n sena'm'E e7xe4• _ R 19 E@ HD@•- - W.MA19A% 5T. EFE rM1E• / 11 <'! - - --- ---- _ ac I TATl A.,T" 'Ir o 0 0 0 0 0 0 0 0 0 ® LI ' ' rs vmaslw i S —— 1gHD1E D__— BLOCK 3_-- /� S rcm«.Era�ca+�rve,aaucs,sm"�`iscmr Q g Q fie a DwPAC�xLLaEx •]sDl'f d2. 5°° XMRE'01YI Ae.% epH]1ECEE4wE C%IpsN20l9W ea3D D� xwunTir.6,NFDxX 7 FxNDx w%„6Nx,.: P �37 Sheet 1 of 10 Page 4 SAGARRA SUBDIVISION No. 2 Book Page Pal Llne Table Parcel LiI Parcel Line Table Curve Table Carve Table R�� ]!BT RSV 1 W..Y 1— 1 WS m..J ) xJ M'Ls' '.rt: o w1 E ..00' .5'SYE xP'iW)1'E Le 1— 11W ST.i'v eie. .1 m'iYE n5 UT 'T STw LM a sYw1. n tT mY nY m4 s.J W a5'w 0 BYx naT w.B•[ S.W MT SJ W4 NM w5Y 5)'ar e S g SY w'E mM SY wtie.by 2B.JT ]O.ar ..11 LAB Lm BW xSBv K W'v LM ♦eD' wea' s 0Y al S.Y ..BY ,e xe• RM n.ST 119 iaY LW x.T SY.ri Llw = zsY[ - oY x'0xY M'SY oYC xv#WC Lta SBBY S..00 ,.0•Sx'1 f AYE ;Y YT x St'SBS mar xB0 'S.1 w0Y ID .0 W a u'W m'E �B'C ].•C w25Y 15B WB'�0'WT n'1Y SYV w4 ]STE wM v Y] iC ST.Yw L]i sS[wBrZY'0WWKY 5SO5sYY•E[ ' 9W WsiMM a�9.arW N s]s'Sr NBrcM 0.YmWYLAS m.P.WWWM'-- WE r NW W zf W] P B W] MY4 WE Y- 11. 250P IIE 4 L i e•Mar N )J 55 tCw e.Y 3).W Sb'S5 OY[ .0'.BT 550G MB'�tl WS ffi.Y N a'E 1". —ol S4 51.0e u>7'.f! SS SB'Ww a-E 21'11 5) yr la«E ..aY u.m wolss M4 omi s Sheet 2 of 10 Page 5 C. Landscape Plan (date: 11/2/23) LANDSCAPE NOTES LANDSCAPE REQUIREMENTS 1• omuwrrr sz .i,w.�...�,...w.s. us ....n.,.warna.aaay.. r..arE.xiusw.s STAG eROCK 11 smwee.swmmew se „o.v...m.snwreewnmvwn m.urt-.,m.w.i..n..mw.. 5:= ® ewmruxwn z1 i.i....,x=.e....wm+• revem eur..eew....r ++ue..e...n.e..mwc.n.... xxc ema�� ,sue w.ram u m .,n.uu�zmvauven vmma`w vwseaw.rvavww.rnseua.wen.+-zm....wn va¢mwmnunwartraaar�wuwswmvnnxsem r Mc..vr se.sa:.n..r BE OPEN SPACE SUMMARY ui z a m m -- --rR ro.KawirenorF.r..rE,�-.mo,ioen wwE�. :b LANDSCAPE PLAN LANDSCAPEPLAN LANDSCAPE PLAN I p LANDSCAPE PLAN PHASE 2 OVERALL u.oe m j --- --- Ib ---------------- - - ✓ - -- f. LANDSCAPE PLAN i� LANDSCAPE PLAN LANDSCAPE PLAN LANDSCAPE PUN -OVERALL �L1.00 i Page 6 t N4II PNO BURIFP TREE RANIYiG ,2 SNiUB fiRNfNG _ 3 PLANTER ISIND 4 Slcci WUSCPPE EGGMG snaunK ���. _voesr.vwr_a.e— �. r.» — v_.x. iRLY'a mn.__nm.� ®• •.» vx.m uj z IL o 5 CONCRETE 9FAT WALL $ FOPTRA.4H RECEPTAGIE LWGSCMEFORMS � LIGIR BOLLARD 9 &KE RRCK fn TENSHOIII a - el l �� it �Y == ^~-•J_ J vJlosGwE _�II}�yII OOG AI.ENTY SIMQE BAL IAIOBCAPE 9qA➢EIIPWCEI.ENi RYRI - TRN`L4FOIL..4f11 SCREENING '— s _.» �... to L150 V�V ':13' OPEN VIsaN FENCE ._... LAND NwTERwLs tFCETIG. r_ T_________ T W I I•�s O I ,•k 03 I .;,• I S I •;"•f. I I L151 Page 7 D. Private Street Cross-Section 2,S THICSNESS OF ASPHA-T PLA47 MIX PAVEMENT }'SUFERPAYE SP.T MIX DESIG4 Y,,.YT'S9.20 - =I-�IJIj 44�—�1-Ij =1=�IJ� =1=�IJ "-;-4 AATIIEKNESS OF W MINJS CRUSHED AGGREGA-ERASE rJ-, r,i-I n-lI - rr-I-I COMPACTLD TOBSSMURYDLNSIIYPLRASIM D1537 J -_ -�I �- -JI -- _�I - 14'THICINESSOF4•MIXU5LNC9USHE3ArCGREGATEIRM COMPACTED TO 93%MAX DRY DENSITY PER ASTM DI55' _ CRANUI AR 5TRUMRAL FK L ASRFOUPFD BY 5ITF CONCITI045 --�R•MI4LLS JNCRUS•IEO AGGREGATE BASE COMPACTFO TO LSS MAX DRY OFNBI-Y PFR ASTM Di$57 SU36PADE SPALL BE PREPARED AND PROOF CCNPACTCD PER THC SITE PRCPARATIDN SECTION D-THE C,=D7E'HhICAL RE-DRT AND BE APPRCVED 3Y OWh ER'S GEOTECHMCAL REPRESEN-ATIVE PRIOR TD PLACEMENT OF OF ANY SJBSA5E Jk�REGATE CR 5RASULAR STRUCTURAL FILL ASPHALT PAVEMENT SECTION K813-MIN,•IVARIES SEE PLANI 13,W'MIN,•IVARIES SEE PJW7 r 13.0'MIN,••;VARIES SEE PLANE TC6 OF CURS SLOPES 1,07 VARIES VA7Drb 4,0! A,Bv S,OY ARD lr,,r74,A, AT 1.i7L� Vk91E3 I•.:,;A..B STREET 1.�''i M14 1 nti NkM1, T• S'THIC+LCONCRETE PAVEMENT PER ACFIO . r� SUPP.°MENTAL i't•= sL= .::,4t - �_ �.�, __ .. ^DR.AWINGSD•709 1,;FH-I T FA':FMFNT PFR j,1GM A--PAVEMEFlTPE0.3�GD.4 CONCRETE VALLEY GUTTER PER ACHO SUPPLEMENTA, DRAWNG SO•'OB ISEE 3,RD.51 X01TMIN. (VARIFSSFFPLANI 13,Lb'MIN,• VARIES SEE P.AH)�1340'MIN,•(VARIES SEE PLAN VARIES 0"THICK COkCRETE S• 0%WIN �'OV I•.A�wY 5§+ O'THIC{CONCRETE PAVEMENT PER ACHO PAVEMENT PER ACHO SLPPLEMENTAL ''? _ SUPP.EMENTAL DRAWING SD7.39 _ _, _ _ _, _ _, _ _ _ _ DRAWING 50•TIB ASPHALT PAVEMENT PER lr a4 .- _ ".•;L�_ti 'L i'J'GDr` CONCRETE VALLEY GUTTER PER ACHD SUPPLEMENTA_ ORALY1NG SO-.OB ISEE LRD.6I PRIVATE STREET TYPICAL SECTIONS hOTFS 1, ALL ASFHALT PAVEMENTS AND BASE MATERIALS,AND SU&WLADE PREPARATI:DNS SHALL BE PROVIDED IN ACCDiDANCE IMTP THE ISPWC AhD T•IE PROJECT GEOTECHhICAL REPORT, 2, AGGREGATE BASE MATERIALS❑11'NINUS CRUSHED AnGREGATEAE'MINJS U4CRUSHED AGCdiEGATEI MATERIALS SHALLCOMPLY W1TI•DNFSIONSM OF THE ISPWC, 3, ALL SUBCsgADES STRUCTURAL FI.L,AND BASE MATERIAL PREPA/RAIIONB SHALL BE APPWi=D BY OWNER'S DEOTECHNICAL REPRESEN-ATIVE PF40R Tr,COVERING UP THE WORK OR PLACING SUBSEOLF4T LETS, A. ASPHALTPAVEME4TSHALLBEGOMPACTEDINAWOROA4CE'MTHTHEISPWCAMTIEPROJECTCEOTECHNICALREPORT,DENSE'' TESTING SHA-L BE hERP CR V L I BA40OMLY ACR2M THE SITE AT A FWAJENCY TQ BE DETERMINED BY THE O'N4ERS GEOTECHNICAL REPR.ESEW-ATFVE, PRIVATE STREET SECTIONS 3I G 4 Page 8 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2017-0088 DA Inst. 92019-028376;H-2021-0034 amended DA Inst. 92021- 102392;H-2022-0027. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the previous final plat phase,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 JJ Howard,LLC, stamped on 11/14/23 by Eric Howard, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Note 98: Include the recorded instrument number ACHD stormwater drainage easement. Also include the number on Detail A on Sheet 5. b. Note 99: Include the recorded instrument number of the public pedestrian easement.Also include the number on Detail B on Sheet 5. c. Note 910: Include the recorded instrument number of the public utility,irrigation,and drainage easement. Also include the number on Detail C on Sheet 5. d. Note 911: Include the recorded instrument number of the ACHD sidewalk easement. Also include the number on Detail D on Sheet 6. e. Note 912: Include the recorded instrument number of City water and sewer easement. Also include the number on Detail E on Sheet 6. f. Note 916: Include the recorded instrument number of the City water and sewer easement.Also include the number on Detail I on Sheet 7. g. Note 422: Modify as follows, "Direct lot of access to W. Orchard Park Dr. is prohibited." h. Graphically depict zero(0)lot lines on internal lot lines where single-family attached and townhome structures are proposed(i.e.where structures will span across lot lines). i. Graphically depict public use easements for the micro-paths that cross private/townhome building lots. 5. The landscape plan shown in Section V.C,prepared by Stack Rock, stamped on 11/2/23,is approved as submitted. 6. Future development shall comply with the minimum dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6 except as approved with the Planned Unit Development(see table in Section VILE of the Findings for reduced standards approved with the PUD). 7. The private streets are tentatively approved subject to completion of the tasks listed in UDC 11-3F-3 within one year. Documentation of such shall be submitted to the Planning Division in order to receive final approval. Page 9 8. The private streets within the development shall be 26-feet wide and constructed in accord with the standards listed in UDC 11-3F-4B.2 as shown in Section V.D. Gates or other obstacles restricting access are not approved. 9. Submit documentation from ACHD that they have approved the the point of connection of the private streets to the public streets as required by UDC 11-3F-4A.2 with submittal of the final plat for City Engineer signature. 10. "No Parking" signs shall be depicted on the construction drawings and erected on the public streets where the"s"or 90-degree curves are located(i.e.N. Bergman Ave. and N. Arctic Fox Way)as well as on Director St.; coordinate with ACHD on the location of the signs. 11. "No Parking Fire Lane" signs shall be depicted on the construction drawings and erected on both sides of the private streets within the development per requirement of the Fire Dept. and UDC 11-3F-4B.2d. If a curb exists next to the drive aisle,it shall be painted red. 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://weblink.meridiancity.org/WebLink/DocView.aspx?id 310475&dbid 0&repo MeridianC i &cr1 C. FIRE DEPARTMENT https://weblink.meridianci.y.org/WebLink/DocView.aspx?id 310476&dbid 0&repo=MeridianC Lty D. PARK'S DEPARTMENT https://weblink.meridiancity.orgj ebLink/DocView.aspx?id 310468&dbid 0&repo=MeridianC Lty E. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id311247&dbid0&repo—Meridian C a VIL FINDINGS In order to approve the application,the Director shall find the following: A. The design of the private street meets the requirements of this Article; The Director finds the design of the private streets meet the requirements of this Article as required. B. Granting approval of the private street would not cause damage,hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity;and The Director finds granting approval of the private street should not cause damage, hazard, or nuisance or other detriment to persons,property, or uses in the vicinity. Page 10 C. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the Regional Transportation Plan. The Director finds the use and location of the private streets should not conflict with the Comprehensive Plan and/or the Regional Transportation Plan. D. The proposed residential development(if applicable)is a mew or gated development. This finding is not applicable. Page 11 E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Plat for Aviation Subdivision (FP-2023-0013) by Jadon Schneider, Bronze Bow Land, located near the northeast corner of N. Black Cat Rd. and W. Franklin Rd., to the north and northeast of Compass Public Charter School. STAFF REPORT E IDIAN--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/21/2023 DATE: Legendd)m-m- Project Location m TO: Mayor&City Council FROM: Linda Ritter,Associate Planner 208-884-5533 SUBJECT: Aviation Subdivision FP-2023-0013 LOCATION: The site is located near the northeast ----- comer of N. Black Cat Rd. and W. � - Franklin Rd.,to the north and northeast of Compass Public Charter School,in the __ SW'/4 of the SW'/4 of Section 10, Township 3N.,Range 1W. FELi I;; � I L PROJECT DESCRIPTION Final Plat consisting of 48 buildable lots(6 single family attached lots, 31 townhomes lots 2 detached single-family,and 9 multi-family lots) 8 common lots,and 1 other lot on 9.8-acres of land in the R-15 zoning district. The Applicant also requests approval of private streets within the development(Le. W. Director Ln.) for access to the proposed multi-family units. II. APPLICANT INFORMATION A. Applicant: Jadon Schneider,Bronze Bow Land—3625 N. Carr Lane,Garden City,ID 83714 B. Owner Larry Jacobson,Aviation Park LLC, 6956 W. 13700 S,Herriman, UT 84096 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-2021-0096)as required by UDC 11-6B-3C.2. The submitted final plat is for the same number of building lots and common area as approved with the preliminary plat;therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. Pagel Private Streets Staff has reviewed the application for private streets within the development as shown on the final plat. The streets are proposed to be located in common lot in the subdivision and will connect to a local street;the point of connection of the private street to the public street is subject to approval by ACHD. The Fire Dept. has approved the request contingent upon both sides of the street being signed "No Parking Fire Lane."No gates or other obstacles are proposed or approved at the entries of the private streets. The Director has tentatively approved the request subject to completion of the tasks listed in UDC 11-3F-3B within one(1)year in accord with the Findings listed in Section VII below. Alternative Compliance The applicant has requested alternative compliance to the standards listed in UDC 11-3B-7C.3,which requires: `All required landscape buffers along streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative ground cover.Plant materials in conjunction with site design shall elicit design principles including rhythm, repetition, balance, and focal elements." The request is for an alternate compliance for the required street buffer trees within the 20-foot buffer on the south side of the W.Aviator extension. Baron Properties,the developer to the south of the Aviator Subdivision project,is proposing to complete the landscaping improvements within the specified area as part of their own development project. They have submitted a formal letter committing to fulfilling the landscaping requirements for the southern frontage of W. Aviator Street. The argument presented in favor of this request is that Baron Properties'commitment to fulfilling this requirement would eliminate the need for duplicating efforts and could potentially achieve the intended goal of the regulation equally or even more effectively than the original requirement. The applicant also requested an alternative compliance to the standards listed in UDC 11-3B-12-C.2 Pathway Landscaping which requires: "The landscape strips shall be planted with a mix of trees, shrubs, lawn, and/or other vegetative ground cover. There shall be a minimum of one (1) tree per one hundred(100) linear feet of pathway.If this calculation results in a fraction of five(S) or greater, round up to an additional tree; if the calculation results in a fraction less than five (S), round the number down." The area on the north side of West Topeka Street,within an easement granted to the Nampa& Meridian Irrigation District(NMID).Historically NMID has not permit trees within their easements. Due to this restriction,the applicant is making a request to exclude this area from the total required tree landscaping calculations. Instead,they propose utilizing it as a grassy area,which aligns with NMID's restrictions and is practical considering the historical context. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. The Director has approved the request for private streets within the development per the conditions in Section VI. Page 2 V. EXHIBITS A. Preliminary Plat(date: 12/1/2021) 9PRELIMINARY PLAT 1 3. FOR w. ..wa .•. �. AVIATION SUBDIVISION SHIM LOCATED IN THE W',OF THE SW`.OF SECTION 10 T.3N.,RAW.,B.M., ADA COUNTY,IDAHO ....•i..l....•. DECEMBER 2021 +�"�" '•-.�'// —_ —_—_ N I I I I � • I 1 - .rw�wa� 1 1 •• .0 I � I aon• � I w� �..�a~r wr�r� • 1 • • a i'c ' ♦ :._....� •�sr?ryn, s�ssx�gse_'+® :r@Lti:dzt+���..�� _ agr Page 3 B. Final Plat(date: 9/18/2023) Plot Showing Ar A via tion Subdivision Situated in the West 1/2 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. "1C 2023 sn so 1/4 - -- --- -------'—"'—wnra'�u,nn•--' cn/ls xa �� .o -�, w Rw Aw Z 11$I1 stale: 1'-60• i n ,Pu,'l1'K Aofln¢d sm20Urt 4,M 2 4m SelZVYYE NOW 1 VOva4 �60�tiq liW 1 PLS 12464 0 rena s m um�� • uuaitw naYm P� v Set bo PlS„])s• O r TTpka R 24 eepe..t s ae,Ns.+in. <-e,-eoe une 14 g x dIfm , . 5'fW1on tJ 4 +�C A.Bvbnav 31 12B N 14 8 (_w) 22 uaaune InJw.i s 6 ewa O i„2a,aw.aa,6-mwa.sma-nscn. 2 10 M.epnW e ) e 9 10 11 12 13 20 k e F.k. w.e m ee,mon uv eoma"iw a mti mla.ewn eleav t � IT a Pv 5 (, v 3 4 1 2 J 4 5 v 2 S SVOG�nnn-5f Noon] � w^�w J 1 10 2 36615.55'E W.." A r.AMets s1. N jy t "T w/enk L �I� UnPfvtletl �i? V Mcd� 49 810 wII, wa.s4' xte x1S ---------'-------------- 10_ See SkM 41er Nolaa.Lino 8 cum Oa1a iadp. rNMI 66 1n/1v SI5 a-' Book Page IDAHO aoe Na 21-"6 SURVEY m]n ew<°'101 sneel I ,r 6 GROUP,LLC Page 4 f J amp .. IIIIIIII��IIIIIIIIIIII Ilillllll €4� I' low ■ D. Common Space Exhibit(7/31/2023) O p j I I. LLI ------------------ � i o _ z O o p ¢ o ° 10 ....... ... ................. --x9..iMrr4 ....... .:..::...:..�..:...yyw° .......... ... ... ... .... •I {{ll Page 6 E. Emergency Access Exhibit(date: 07/31/23) N w 0 IO EO 160 440 SCALE 1--80' 7 a ROUTE L � & --�--� �_ - _ - - -- -- O 8� o I I I 0 m ry II r~ W 0 0 LU li I _ _ II ll _ EnieaeErv�.. J L— —1' 1 4 .. I ruaraanour.. O Z a I W Q w I II 1 W Ell I ROVEE ROUTE w........a ter...�e w�v+..... 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-2021-0096 (Preliminary Plat); H-2020-0111,Aviator Sub. CPAM,MDA, RZ; DA Inst. 42021-067235). 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 April 19,2024),in accord with UDC 11-6B-7,in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Per City Council,no residential building permits shall be issued for the subject site until a means of secondary public road access is available to the site and approved by the Planning Division and Meridian Fire. 4. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Page 7 5. The final plat shown in Section V.B,prepared by Idaho Survey Group,LLC, stamped on 09/18/23 by Cody M. McCammon, shall be revised prior to signature on the final plat by the City Engineer,as follows: Plat Notes: a. Note 910: Include the recorded instrument number of the ACHD permanent easement. b. Note 912: Include the recorded instrument number of the Purdam Gulch Drain easement. c. Note 413: Add a recorded instrument number for the City of Meridian Sanitary Sewer easement. d. Note 416: Include the recorded instrument number of the ACHD temporary easement. e. Note 417: Include the recorded instrument number of the ACHD bridge/culvert maintenance easement. f. Note 418: Include the recorded instrument number of the City of Meridian easement. 6. Prior to the City Engineer signature on the final plat,the applicant shall submit a license agreement from the Nampa Meridian Irrigation District(NMID)and provide a copy of a separate easement for the piped ditch. 7. Applicant shall continue working with ACHD on the extension of W. Aviator Street,the Applicant shall extend W. Aviator to the east property boundary OR construct it to terminate no greater than 150 feet east of the proposed local street and provide a road trust to ACHD for the remaining portion of Aviator. 8. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and those listed in the specific use standards for multi-family development,UDC 11-4-3-27. 9. Future development shall comply with UDC 11-3A-7 and UDC 11-3A-6 for any future fencing constructed within the development. 10. The Applicant shall comply with all ACHD conditions of approval. 11. The Applicant shall obtain Administrative Design Review approval for the single-family attached units and townhome units prior to building permit submittal. 12. The Applicant shall obtain Certificate of Zoning Compliance and Administrative Design Review approval for the multi-family development prior to building permit submittal. 13. The landscape plan prepared by Paul Norberg,dated 09/12/2023,included in Section V.C, shall is approved as submitted. 14. The private streets are approved subject to completion of the tasks listed in UDC 11-3F-3 within one year. Documentation of such shall be submitted to the Planning Division in order to receive final approval. 15. The private streets within the development shall be 26-feet wide and constructed in accord with the standards listed in UDC 11-3F-4B.2.Gates or other obstacles restricting access are not approved. 16. Submit documentation from ACHD that they have approved the point of connection of the private streets to the public streets as required by UDC 11-3F-4A.2 with submittal of the final plat for City Engineer signature. Page 8 17. "No Parking Fire Lane" signs shall be erected on both sides of the private streets within the development per requirement of the Fire Dept. and UDC 11-3F-4B.2d. 18. 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://weblink.meridiancity.org/aebLink/Browse.aspx?id 310491&dbid 0&repo MeridianCit X C. IDAHO TRANSPORTATION DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id 311210&dbid 0&repo MeridianC i &cr1 Page 9 E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement (Petsche Rezone H-2023-0039) Between City of Meridian and Tammy Petsche for Property Located at 1508 N. Meridian Rd. ADA COUNTY RECORDER Trent Tripple 2023-065771 BOISE IDAHO Pgs=29 CHE FOWLER 11/22/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Tammy Petsche, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 21st day of November 2023,by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Tammy Petsche, whose address is 3554 E. Presidential Drive, Meridian, ID, 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 lA provides that cities may, by ordinance, require or permit as a condition of rezoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or rezoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for rezoning of 0.60 acres of land with a request for the O-T(Old Town)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 rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 24th day of October, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and DEVELOPMENT AGREEMENT—PETSCHE REZONE(H-2023-0039) PAGE 1 OF 8 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 a Certificate of Zoning Compliance; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Tammy Petsche, whose address is 3554 E. Presidential Drive, Meridian, Idaho, 83642, hereinafter called O"ER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT—PETscBE REZONE(H-2023-0039) PAGE 2 of 8 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The development shall comply with all provisions of the O-T zoning district as set forth in UDC 11-2D. b. Applicant shall comply with the access to street standards set forth in UDC 11-3A- 3. The existing driveway may remain as long as the home and site are not expanded. With a future Certificate of Zoning Compliance application, the applicant will be required to grant cross access to one or more of the adjoining properties (Parcel A's R6129020630, R6129020520, R6129020650, and R6129020570) for future interconnectivity, which may include the closure of one or both existing accesses to Meridian Road as determined by the Director. c. The Applicant shall install landscaping along the Meridian Road frontage to include trees,shrubs,lawn,hardscapes,and/or a water-conserving design in accord with UDC 11-313-7C. d. Applicant shall comply with the ordinances in effect at the time of application submittal. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the rezoning 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 DEVELOPMENT AGREEMENT—PETscBE REZONE(H-2023-0039) PAGE 3 of 8 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 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 rezoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT—PETscBE REZONE(H-2023-0039) PAGE 4 of 8 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance rezoning 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: Tammy Petsche 3554 E. Presidential Drive Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 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—PETscBE REZONE(11-2023-0039) PAGE 5 of 8 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. 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. 21. 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. 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 rezoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT—PETscBE REZONE(H-2023-0039) PAGE 6 of 8 [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT—PETscBE REZONE(H-2023-0039) PAGE 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Tammy Petsche Ill Cm E STATE OF IDAHO ) ss: County of Ada ) On this gy^day of ,2023,before me,the undersigned,a Notary Public in and for said State, personally appeared Tammy Petsche,known or identified to me to be the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have et my hand and affixed m f e e day and year in this certificate first above written. 000 ' M G�'•. • 41 (ST'AL) :^.COMMISS ry Public #20192357 ; My Commis Expires: PlIB1..1r-'�o CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 11-21-2023 Chris Johnson, City Clerk 11-21-2023 STATE OF IDAHO ) ss County of Ada ) On this-)],St day of November , 2023, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Cleric,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. i SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—PETSCHE REZONE(H-2023-0039) PAGE 8 OF 8 EXHIBIT A ELSENGEBRITSON LAND SURVEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@eisurveys.com 26 June 2023 Revised; 26 July 2023 ELS Project No. 230616— Tammy Petsche Land Description for Rezone Reference Warranty Deed Instrument No. 2019-115758 Contains 26,284 square feet more or less EXHIBIT A A portion of land within Block 5 of F.A. Nourse's Third Addition to Meridian (a recorded plat in Book 6 at Page 289 of Ada County records)within a portion of the NE '/4 of Section 7, T. 3 N., R. 1 E., B.M., City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at a found Brass Cap monument marking the Northwest corner of said Section 7 from which a found Brass Cap monument marking the West 'X corner of said Section bears S 00°00'00" E a distance of 2651.94 feet, thence southerly along the west boundary line of said Section S 00°00'00" E a distance of 621.20 feet to the POINT OF BEGINNING. Thence easterly perpendicular to said Section line N 90°00'00" E a distance of 263.60 feet to a found iron pin,- Thence southerly parallel to said Section line S 00°00'00" E a distance of 106.20 feet to a found iron pin on the South line of said Block 5; Thence westerly along said South line N 90°00'00" W a distance of 73.60 feet to a found square fence post set in concrete; Thence northerly perpendicular to said South line and parallel to said Section line N 00°00'00"W a distance of 9.00 feet to a point; Thence parallel to and 9.00 feet northerly of said South line N 90°00'00" W a distance of 190,00 feet to a point on said Section line; Thence northerly along said Section line N 00°00'00" W a distance of 97.20 feet to the POINT OF BEGINNING. The above-described tract of land contains 26,284 square feet more or less subject to all existing easements and rights-of- way. 8793 K:1ELS1Projects1202312306161Admin\Legals\EXH A Rezone description 062623.doc LE z N. MERIDIAN ROAD o o BASIS OF BEARING z N 00'00'00" W 2651.94' _ 9 7.20' f o- 1933.54' 621.20' I+ Ip ACHO R/W i C,n+ rrl rrl Ka o i U i Qom �I I wz � � '1 p Q 2 � gyp; ; I� 6, 1 1 cp CO ra rr20iSr� cn v� I Ip Ui 1 o Imo,Ia o CIOKo o m h 1 O I n1 Do Cl) -Tim I -- 97.20' -- z pmoy no CA rT! co tp Z 106.20' m O C7 R1 m N cn N ICo v C C a Z O of ro V I a` C7t ' . ,� O , O NZmom o� �ocn ODD � � doi p` of N � --4 of o O oom I,fC dzvni �orZ*� r o 1 wbpD � z Z ONO co zaav � ro c Z �' -per o , ,S 00'00'00" E 106.20 , z w Q o:Tjw � N C] yAso I -pb, I z � d rno © ��s , 2mL7y cn p c7 + p + p CA A iO ° C I � �O oo I � soD m �- EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:>WEI�ty AND DECISION & ORDER In the Matter of the Request for Rezone of 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming,by Tammy Petsche. Case No(s). H-2023-0039 For the City Council Hearing Date of: October 17,2023 (Findings on October 24, 2023) A. Findings of Fact l. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 17, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 17,2023, incorporated by reference) B. Conclusions of Law l. 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 l l Meridian City Code, and all current zoning snaps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW.AND DECISION&ORDER FOR(PETSCHE REZONE-FILE H-2023-0039) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 17,2023,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 Rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 17,2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with I 1-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions, the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PETSCHE REZONE-FILE H-2023-0039) -2- or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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 §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 17, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PETSCHE REZONE-FILE H-2023-0039) -3- By action of the City Council at its regular meeting held on the 24t h day of October 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. ison 10-24-2023 Attest: Ch ohnso 10- City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. B Na&ycWaj,t 10-24-2023 y. Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PETSCHE REZONE—FILE H-2023-0039) -4- STAFF REPORT E DCOMMUNITY DEVELOPMENT DEPARTMENT II li H U HEARING October 17,2023 Legend If f 0 DATE: r� Project Location f- _ . E-F•AIRVIEW V. TO: Mayor and City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 C .eAf•7 �,,"�, ' SUBJECT: Petsche Rezone to Z H-2023-0039 Z . 1 $ - , LOCATION: 1508 N.Meridian Road(Parcel �� � � �Z` d f #R6129020611 t L PROJECT DESCRIPTION Request to rezone 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming. A. Project Summary Description Details Page Acreage Rezone-0.60 Future Land Use Designation Old Town Existing Land Use(s) Single-family residential Proposed Land Use(s) Single-family residential Lots(#and type;bldg./common) 1 lot Phasing Plan(#of phases) NA Physical Features(waterways, No unique physical features hazards,flood plain,hillside) Neighborhood meeting date;#of June 13,2023 attendees: History(previous approvals) None - B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access occurs from N.Meridian Road Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Improvements No road improvements are required. Fire Service No comments Police Service No comments Wastewater • Comments • No changes to public sewer infrastructure shown in records.Any changes need to be approved by public works. Water Distance to Water Services • No changes to public water infrastructure shown in records.Any changes need to be approved by public works. C. Project Area Maps Future Land Use Map Aerial Map Legend mmercial0 legend - 00 Project location Project location ,- E FAIRVIEW JA VEI PJ E'F`A'IRV'IEW Denitti (�' - , Residential ' r o � ti F- 'A a W ELM 4 Z z i t:',�W E 4 _ AVE p Old- a .r�r- y Z .; o � Town W W MAPLE Z W Z r4 AVE Z z i- '�' Z�► t ` " W CHERRY AVE A ly I Zoning Map Planned Development Map Legend 0 0 legend UProject Location ©Project Location E-F'A-I RV I E W—A V L.— E-F'A'I RV I E W—A V t— _T R-g City Limits ! - Planned Parcels C-C LA— R-40 0 77 — NLA O ►- 3 O-T ; -- �WElM4 Z �W ELM 4 Z z R-4 ,2 AVE �_ Q O-T AVE S < _ o L; 3: W w a W w /dAPLE O T Z R 8 MAPLE Z AVE Z O-T AVE Z Z L O TO-T R-15 W CHERRY AVE I ' _1 L-O O-T R-15 O-T L1-LLLJ O-T C-C L O IL APPLICANT INFORMATION A. Applicant: Tammy Petsche,Owner—3554 E. Presidential Drive, Meridian,ID 83642 B. Owner: Same as above. III. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 9/05/2023 10/01/2023 Radius notification mailed to properties within 500 feet 8/31/2023 9/29/2023 Sign Posting 9/10/2023 10/5/2023 Nextdoor posting 9/5/2023 9/28/2023 IV. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIAATCITY.ORG/COMPPLAlV): Land Use: This property is designated Old Town(O-T)on the Future Land Use Map(FLUM). This designation includes the historic downtown and the true community center.The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices,retail and lodging,theatres,restaurants,and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings,new construction of multi-family residential over ground floor retail or office uses. Proposed Use: The purpose of the request for rezoning is to facilitate the renovation of the existing detached garage while retaining the property's current residential use. Furthermore,rezoning to O-T would allow the Applicant to submit building permit applications for constructing a new building and making structural modifications to the existing building without obtaining a Conditional Use Permit for each proposed improvement to the site. A single-family detached dwelling unit is considered a non-conforming use in the C-C zoning district per UDC Table 11-213-2. The Applicant intends to retain the existing home while renovating the old detached garage situated behind the home. Additionally,the Applicant has future plans to potentially construct an Accessory Dwelling Unit or Live/Work structure at a later date. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /comp ): 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 diverse housing options suitable for various income levels,household sizes,and lifestyle preferences. (2.01.01) This application is for rezoning from C-C to O-T to allow the Applicant to remodel the existing garage and maintain the existing home as a conforming residential use. This would allow for more diversity in housing within the area. • Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities. (2.01.01C) The existing home contributes to the diversity in lot sizes, housing types, and densities within the surrounding area. • Encourage the development of high quality,dense residential and mixed-use areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks,and along major transportation corridors,as shown on the Future Land Use Map. (2.02.01E) The subject property is an existing site situated near the downtown core. It falls within a large area that is designated for Old Town zoning as outlined by the Comprehensive Plan near N. Meridian Rd., a principal arterial, and is within walking distance of a large amount ofgoods, services, and employment. • 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. and densities. (3.03.03A) This project is currently serviced by City of Meridian water and sewer. Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive Plan. V. UNIFIED DEVELOPMENT CODE(UDO The proposed use, single-family detached dwelling unit is listed as a principally permitted use in the O-T(Old Town)zoning district per UDC Table 11-2C-2.Compliance with the standards listed in UDC 11-2D-3 and 11-2D-4 is required. VI. STAFF ANALYSIS Rezone(RZ): The Applicant is requesting to rezone 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming. A legal description and exhibit map for the rezone area is included in Section VIILA. This property is within the City's Area of City Impact boundary. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A.To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application, containing the provisions noted in Section IX., as discussed herein. Dimensional Standards(UDC 11-2 There are no minimum setbacks in the O-T zoning district. The existing home meets all dimensional standards for the O-T zoning district. Access(UDC 11-3A-3 : Access is provided via N.Meridian Road,an arterial street,via a fully improved"U'shaped driveway. This driveway does not adhere to the ACHD District's guidelines for successive driveways in terms of alignment or offset,as it falls short of the minimum of 330 feet separation from any existing or proposed driveway,and is not located a minimum of 355-feet away from the nearest intersection. Since the applicant is not intensifying or changing the use of the property staff and ACHD are supportive of the driveway configuration remaining for the residential use.Per UDC 11-3A-3 when a property takes access from an arterial street and prior to any new,expanded,or extended use or development of the property,to adjoining properties,the property owner is required to grant cross access.Further,this requirement may extend to residential properties where the use is anticipated to change to a nonresidential use.As noted above,the property owner intends to expand the site in the future. Since the property abuts several underdeveloped properties and there is the potential for further expansion on the property, Staff believes cross access is warranted,but identifying which properties and the exact location for the shared driveways will be determined when actual development is proposed for the property.This may include closing one or both driveways. Staff recommends that in the event the property intensifies or redevelops in the future,the Applicant should provide cross/access to the neighboring properties located to the south,north,and east to eliminate the need for multiple accesses off an arterial roadway within close proximity in accord with UDC 11-3A-3. Parking(UDC 11-3 The existing home has a driveway off of Meridian Road that contains a 20' x 20' parking pad and a two-car garage. UDC 11-3C-6 requires 4 parking spaces for a three and four-bedroom home,at least two in an enclosed garage,other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. In reviewing the County Assessor's records,it appears the home currently has three bedrooms. Therefore,the parking provided on-site meets the minimum requirements of 11-3C-6. Sidewalks(UDC 11-3A-1 : There is an existing 7-foot wide attached sidewalk on Meridian Road along the existing property frontage that is consistent with ACHD's district policy for arterial roads with the exception of dedicated right-of-way;therefore,additional right-of-way dedication totaling 96-feet on Meridian Road abutting the site should be required as part of a future application. Based on ACHD's recommendation of approval, Staff recommends that the Applicant provide a permanent right-of- way easement to 2 feet behind the back of the sidewalk for any sidewalk placed outside of the dedicated right-of-way. Landscaping(UDC 11-3B A landscape buffer is not required for a single-family dwelling unit in the O-T zoning district. The UDC does not regulate landscaping on residential lots.However, the existing house is currently setback approximately 30 feet from Meridian Road leaving several areas in front of the residence that could be landscaped to enhance the streetscape along Meridian Rd. Staff believes the street frontage should be landscaped with a mix of trees, shrubs, lawn, hardscapes, and/or a water- conserving design in accord with UDC 11-3B-7C. Fencing(UDC 11-3A-6,11-3A- There is not existing fencing on the property. There is an existing CMU wall on the south side of the property.Any new or relocated fencing should comply with fencing regulations per UDC 11-3A-7. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting;the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-I IC. Building Elevations: The existing building consists of stucco,brick,and asphalt roof shingles. A Design Review application is not required for single-family dwellings;however, when the property redevelops to commercial use in the future, a Design Review application will be required. A Certificate of Zoning Compliance application is required to be submitted for approval for future re-development for commercial uses on this site to ensure compliance with UDC standards and development provisions associated with this application. VIL DECISION A. Staff: Staff recommends approval of the proposed rezone from C-C to O-T per the Findings in Section X of this report with the inclusion of a Development Agreement. B. The Meridian Planning&Zoning Commission heard these items on September 21,2023. At the public hearing,the Commission moved to recommend approval of the subject Rezone request. 1. Sutmnary of Commission public hearing a. In favor: Dave Petsche,Owner b. In opposition:None C. Commenting d. Written testimony: None e. Staff presenting application: Linda Ritter,Associate Planner f. Other Staff commentin ogn application:None 2. Ke, ids)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)sus) for City Council: a. None C. The Meridian City Council heard these items on October 17,2023.At the public hearing. the Council moved to approve the subject Rezone and request. 1. Summary of the City Council public hearing: a. In favor: Dave Petsche Owner b. In opposition:None C. Commenting:None d. Written testimony: None C. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None VIIL EXHIBITS A. Rezoning Legal Description and Exhibit EL►J EA'GEBRITSON LAND SURVEKIV, PLLC. 2251 S. Sumac Street, Boise. Idaho 83706 Telephone(208) 859-6032 mike@elsurveys.com 26 June 2023 Revised:26 July 2023 ELS Project No.230616-Tammy Petsche Land Description for Rezone Reference Warranty Deed Instrument No,2019-115758 Contains 26,284 square feet more or less EXHIBIT A A portion of land within Block 5 of F.A.Nourse's Third Addition to Meridian(a recorded plat in Book 6 at Page 289 of Ada County records)within a portion of the NE%of Section 7,T.3 N„R 1 E.,B.M„City of Meridian.Ada County, Idaho more particularly described as follows Commencing at a found Brass Cap monument marking the Northwest comer of said Section 7 from which a found Brass Cap monument marking the West%comer of said Section bears S 00°00'00"E a distance of 2651.94 feet,thence southerly along the west boundary line of said Section S 00°00'00"E a distance of 621.20 feet to the POINT OF BEGINNING. Thence easterly perpendicular to said Section line N 90°00'00"E a distance of 263.60 feet to a found iron pin: Thence southerly parallel to said Section line S 00°00'00"E a distance of 106.20 feet to a found iron pin on the South line of said Block 5, Thence westerly along said South line N 90°00'00'W a distance of 73.60 feet to a found square fence post set in concrete, Thence northerly perpendicular to said South line and parallel to said Section line N 00°00'00'W a distance of 9.00 feet to a point; Thence parallel to and 9 00 feet northerly of said South line N 90°00'00"W a distance of 190.00 feet to a point on said Section line; Thence northerly along said Section line N 00°00'00'W a distance of 97.20 feet to the POINT OF BEGINNING. The above-described tract of land contains 26,284 square feet more or less subject to all existing easements and rights-of- way 8793 OF 10 LL �" K 1ELStiProlects)20231230616Wdmin'LegaislEXH A Rezone descnplim 062623.doc N. MERIDIAN ROAD o o I BASIS OF BEARING z N 00'00'00" W 2651.94' z o �• _, 97.20 _ N' — 1933.54' - - 621.20' v rn �o o� ACHD R/W In ;zj 7 �I -.O r ti oQ� KD I wrn C np o;D1 U, pi Ln C �`+— m co co "'ydL Co % o�p -4 KO m h ca1 �� �I m y Z >O� icy.+ nz0 co m 97.20' 2 o O= rri m —f y g i r - 2 �Z- -106.20' �m0n m m QtiN ti >ooC.5rna oil �O i p-i'cxnm I CN OWN O ACC ZC zm aN.°o2 Z �oo � Z �o� wl d Dm0rr1 ? mo rno o NZ � m �2 `Oocn � z �O Oi o� ��-ni„N o wG �z° woa O In8� Z c)Zzm v w cn Cn 4 a a o m -��-------- Co C� o2 < �6, p�p S 00'00'00" E 106.20 Z w O 2 rn q� y 2 ���p 2 2 -� o `� Sz C6 ono � a X Z RZf O i I �i�OS1 m Ln i i CO B. Site .p WAL t� I ,~ k lmA rf l 1 - 1 t A • v 1 1 � IX. CITY/AGENCY COMMENTS A. PLANNING 1. Rezone 1.1 A Development Agreement(DA)is required as a provision of rezone of this property.Prior to approval of the rezone ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of rezone ordinance adoption,and the owner. 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 rezone.The DA shall, at minimum,incorporate the following provisions IF City Council determines rezone is in the best interest of the City: a. The development shall comply with all provisions of the O-T zoning district as set forth in UDC 11-2D. b. Applicant shall comply with the access to street standards set forth in UDC 11-3A-3. The existing driveway may remain as long as the home and site are not expanded. With a future Certificate of Zoning Compliance Application,the applicant will be required to grant cross access to one or more of the adjoining properties (Parcel 9's R6129020630,R6129020520, R6129020650,and R6129020570) for future interconnectivity which may include the closure of one or both existing accesses to Meridian Road as determined by the Director. c. The Applicant shall install landscaping along the Meridian Road frontage to include trees, shrubs,lawn,hardscapes,and/or a water-conserving design in accord with UDC 11-3B-7C. d. Applicant shall comply with the ordinances in effect at the time of application submittal. B. NAMPA MERIDIAN IRRIGATION DISTRICT https://weblink.meridiancity.org1 ebLink/DocView.aspx?id=291420&dbid=0&repo=MeridianCiLv& cr=1 C. IDAHO TRANSPORTATION DEPARTMENT https://weblink.meridiancioy orgj ebLink/DocView.aspx?id=292380&dbid=0&repo MeridianCitX D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.oLg/WebLinkIDocView.aspx?id-291615&dbid=0&Mo MeridianCity E. ACHD https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=291016&dbid=0&repo MeridianCitX 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; Staff finds the proposed zoning map amendment to rezone the property from the GC zoning district to the O-T zoning district is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Staff finds the proposed zoning map amendment complies with the regulations outlined in the requested Old Town designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds 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 Staff 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. Subject site is already annexed so staff finds this finding nonapplicable. E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement (Ringneck Place Subdivision H-2023-0009) Between City of Meridian and WFG Investments, LLC for Property Located at 2315 E. Ustick Rd. (Parcel #51105212448 and 51105212449) ADA COUNTY RECORDER Trent Tripple 2023-065772 BOISE IDAHO Pgs=32 BONNIE OBERBILLIG 11/22/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. WFG Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 21st day of November ,2023,by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and WFG Investments, LLC, whose address is 8312 W. Northview Street, Suite 120, Boise, ID, 83704, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of 1.73 acres of land with a request for the R-8 (Medium-Density Residential) zoning district on the property as shown in Exhibit"A"under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the llth day of July, 2023, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and DEVELOPMENT AGREEMENT—RINGNECK PLACE SUBDIVISION(H-2023-0009) PAGE 1 OF 7 Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B;"and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to WFG Investments, LLC, whose address is 8312 W. Northview Street, Suite 120, Boise, ID 83704, hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT-RINGNECK PLACE SUBDIVISION(H-2023-0009) PAGE 2 OF 7 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, landscape plan, and conceptual building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. 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, DEVELOPMENT AGREEMENT-RINGNECK PLACE SUBDIVISION(H-2023-0009) PAGE 3 OF 7 agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. hi the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 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. DEVELOPMENT AGREEMENT-RINGNECK PLACE SUBDIVISION(H-2023-0009) PAGE 4 OF 7 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: WFG Investments, LLC 8312 W. Northview Street, Suite 120 Boise, ID 83704 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. DEVELOPMENT AGREEMENT-RINGNECK PLACE SUBDIVISION(H-2023-0009) PAGE 5 OF 7 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. 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. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-RINGNECK PLACE SUBDIVISION(H-2023-0009) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: WFG Investments, C r� By: William' F:(Vallag er Its: Manager STATE OF IDAHO ) ss: County of Ada ) '' ff ,l On this 13 day of N 0 e►Y1�X V 2023,before me,the undersigned,a Notary Public in and for said State, personally appeared William F. Gallagher,known or identified to me to be the Manager of WFG Investments,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. L DONNA NETJES NOTARY PU13J-.IC STATE d''ff AHO ubli I COMMISSION#20200289 y Cam Ission Expires: 27 2 Z(p SAY COMMISSION EXPIRES V27I2028 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 11-21-2023 Chris Johnson, City Clerk 11-21-2023 STATE OF IDAHO ) ss County of Ada ) On this 21st day of November 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. c.i7� Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-RINGNECK PLACE SUBDIVISION(H-2023-0009) PAGE 7 OF 7 EXHIBIT A Description for R-8 Zone Ringneck Place Subdivision February 21, 2023 A parcel of land located in Government Lot 3 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Section 5, T.3N., R.1 E., B.M. and Section 32, T.4N., R.1 E., B.M., from which the Section corner common to Sections 5 and 6, T.3N., R.1 E., B.M., and Sections 31 and 32, T.4N., RA E., B.M., bears North 89044'57" West, 2,655.43 feet, thence on the north boundary line of said Section 5, North 89044'57" West, 167.49 feet to the POINT OF BEGINNING; thence leaving said north boundary line, South 00028'02"West, 450.00 feet; thence North 89044'57" West, 167.50 feet to the east boundary line of Verado Subdivision No. 1 as filed in Book 112 of Plats at Pages 16219 through 16223, records of Ada County, Idaho; thence on said east boundary line and the northerly extension thereof, North 00028'02" East, 450.00 feet to the north boundary line of said Section 5; thence on said north boundary line, South 89044'57" East, 167.50 feet to the POINT OF BEGINNING. Containing 1.730 acres, more or less. End of Description. �NNL LANO Cb GENSF SG - 1� 779 Ln c�0 9TF O F Y . MCGN Page 1 of 1 Basis of Bearings •• • N89`44'57"W 2655.43' •• •.. Point of T.4N. S.31 •S.32 '• S89'44'57"E 167.50' Beginning _ _ — .1/: S.32 T.4N. T.3N. S.6 S.5 2320.44' 167.49' S.5 T.3N. E. Ustick Rd. Block 1 Verado Sub. No.1 0 0 O o E. Ringneck 0 0 St. w � o f1.730 0 co Acres 00 N O O O 0 Z (n Block 5 Verado Sub. No.l N89'44'57"W 167.50' ONNL LAN� \,\CENSF 1 779 cP�N / O Scale: 1"=80' C0 f O F 0 20 40 80 160 YM McCPM� Rin neck Sub Verado Eost 22-216 dw Annex Ex.dw 2 21 2023 8.55.21 AM Exhibit Drawing for Job No. IDAHO 21-486 SURVEY 9955W.EMH 83704 . R-8 Zone 9955E,I EMERALD S Sheet No. (208)846-8570 Ringneck Place Subdivision 1 G GROUP, LLC Located in Government Lot 3 of Section 5, Dwg. Date T.3N., RAE., B.M., Ada County, Idaho. 2/21/2023 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��f[EFI DIAN�- AND DECISION & ORDER In the Matter of the Request for Annexation of 1.73 acres of land with an R-8 zoning district, Preliminary Plat consisting of 9 residential building lots, and two (2)common lots on 1.539 acres of land for Ringneck Place Subdivision,by RiveRidge Engineering Company. Case No(s). H-2023-0009 For the City Council Hearing Date of: June 27, 2023 (Findings on July It, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 27,2023,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 27,2023,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 27,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 27, 2023,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof.The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RINGNECK PLACE SUBDIVISION AZ,PP- FILE H-2023-0009) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 27,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation,Zoning, and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 27,2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RINGNECK PLACE SUBDIVISION AZ,PP- FILE H-2023-0009) -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(l)(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 June 27,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RINGNECK PLACE SUBDIVISION AZ,PP- FILE H-2023-0009) -3- By action of the City Council at its regular meeting held on the 1 lth day of July 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) May&-Robe4 E. S mison 7-11-2023 Attest: z Chris ohnson 7-11\ City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Cha&yc Dated: 7-11-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(RINGNECK PLACE SUBDIVISION AZ,PP- FILE H-2023-0009) -4- STAFF REPORT IDIAN =- COMMUNITY DEVELOPMENT DEPARTMENT E HEARING June 27,2023 legend E NAKANO D DATE: E OMERA ST Project Location T Z E VAN r- N TO: Mayor&City Council N wM�R, 'may s OKER ST-i Z FROM: Stacy Hersh,Associate Planner l WAY � 63 E suMMER tia ` was 208-884-5533 r Z DAWN DR z E-UST' -"-RD,____ SUBJECT: Ringneck Place Subdivision AZ,PP �-7 - E RINGNECVM H-2023-0009 sHARPrAiE LOCATION: 2315 E. Ustick Rd.(Parcels y E KpµAY DaT {- - #S 1105212448 and a#S 1105212449),in the Northeast 1/4 of the Northwest 1/4 Of Section 5,Township 3N,Range 1 E E CIMMERL' zOR z _ L PROJECT DESCRIPTION Annexation of 1.73 acres of land with an R-8 zoning district,Preliminary Plat consisting of 9 residential building lots and two(2)common lots on 1.539 acres for Ringneck Place Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ— 1.73 acres;Plat- 1.539 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family residential(SFR)/ag Proposed Land Use(s) Single-Family attached residential Current Zoning Single-Family residential zone(RI)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(9 and type;bldg/common) 9 building lots,2 common lots Phasing plan(9 of phases) 1 Number of Residential Units(type 8 single-family attached units and 1 single-family detached of units) unit Density(gross&net) 5.84 units/acre(gross) Open Space(acres,total[%]/ 25-foot wide landscape buffer along Ustick Rd. Lot 3,block 2 buffer/qualified) will be used as an interim open space lot until the southern stub street is extended. Amenities I None Physical Features(waterways, Milk Lateral Easement hazards,flood plain,hillside) Neighborhood meeting date 2/15/2023 B.Community Metrics History(previous approvals) None Description I Details Page Ada County Highway No comments received District • Staff report No (yes/no) • Requires No ACHD Commission Action (yes/no) • Existing Conditions • CIP/IFYWP Access(Arterial/Collectors/State Ustick Road is classified as a residential arterial roadway. Other than the Hwy/Local)(Existing and Proposed) access specifically approved with this application off of E.Ringneck Street and future stub street to the west,direct lot access is prohibited to this roadway and should be noted on the final plat. Proposed Road Improvements None Fire Service No comments received Police Service No comments received. West Ada School District No comments received. Distance(elem,ins,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed Five Mile • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.60 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section B. Water • Distance to Services Water available at site. • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns C. Project Maps Future Land Use Map Aerial Map i` E NAKANO D 'Ifr-tsl�Ilr Legend o Legend E OMERA ST E],Prolect Locaton z •, E VAN 4 r " N SUMM Z OKER ST CIVIC �n ifr '� ea� 5 .. WAY /F6 .n�E SU►AMER 0 /FWQ< Z 1 +t ri r z DAWN DR z ] + r -r,..�.. -------- MU-C IIIII I I E-UST'r'"-RD _ �.?� E UST E RINGNECMM - ST E S +� SHARPTAIL z a• r ��---� ST E IiAMAY DR N ►"r- ` �I3 Low Density z Residential i E CHIMERE z. ; .a DR Zoning Map Planned Development Map -- - -Legend E NAKANOD 0 legend E NAKANO D E OMERA ST E OMERA ST 0 ID�Iroject Location Project Locatiicr T z E VAN it E VAN 4 r- P t wragER �., s OKER ST; R 8 ' ► City Limits OKER ST W Jz r N SO DR y — Planned Parcels o VFW z z- ,� E SUMMER ox MMER al f i z DAWN DR I� C N 7777 z DAWN DRv� ELD z C-G" RUT E-UST' p -'-- E'UST" "-RD --_- E RINGNECK W R-2 E RINGNECO R 15 R-15 ST ® i ST E 1 z R-15 SHARPTAIL z RI ST -' E KAMAY DR R•8 `-^ z E KAMAY DR - N R 8 z z < R-2 R-15 RUT R-2 ECHIMERf E CHIMO f 04 R-4 OR � A DR R1 R1 R 1 7Ti I : i i i _ III. APPLICANT INFORMATION A. Applicant: Kent Adamson,RiveRidge Engineering Company—2247 S. Vista Ave.,Boise,ID 83705 B. Owner: William Gallagher,WFG Investments,LLC—8312 W.Northview Street, Ste. 120,Boise,ID 83704 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/3/2023 6/1/2023 Radius notification mailed to property owners within 500 feet 4/28/2023 6/9/2023 Public hearing notice sign posted 5/7/2023 6/15/2023 on site Nextdoor posting 4/28/2023 6/8/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The subject 1.539-acre property is an enclave surrounded by existing single-family residential homes. The subject site abuts an R-8 and R-15 development to the west,Verado Subdivision No. 1 &No. 2;to the east and south is an R-1 zoning district in Ada County; and to the north is an R-8 development,Champion Park Subdivision No. 1. The subject property is designated as Medium Density Residential on the future land use map consistent with the approved development to the west. The Applicant proposes a 9-lot subdivision for single-family residential attached and detached homes at a gross density of 5.84 units per acre,which is within the desired density range of the MDR designation. 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 with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired. Existing single-family detached and attached dwellings are in the Medium-Density and Medium High-Density Residential developments to the west and north and existing Residential Estate lots (RI)in Ada County consisting of detached dwellings are located within the surrounding area. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City." (2.01.01G) This area consists primarily of single family detached and attached homes located to the north south, east, and west; only single-family attached homes are proposed within this development. The proposed development offers lot sizes ranging from 4,237 to 5,332 square feet(sf.). • "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 proposed medium-density residential single-family attached homes contribute to the variety of residential categories within the surrounding area as desired. The proposed development is most compatible with the adjacent Verado development which has similar lot sizes and density. A 25 foot wide landscape buffer is proposed along Ustick Road as well. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed site design provides maximum use of the land with the proposed residential dwelling types and should be compatible with the existing developments on adjacent properties that are also designated for MDR uses. • "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 development will not likely impact the existing abutting developments to the east, west, and south. • "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 through this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.011)) A 5-foot-wide detached sidewalk is located along E. Ustick Road. The existing sidewalk provides a link between all subdivisions east and west of this site. • "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 proposed development will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe." (2.02.02) Development of the subject infill parcel will maximize public services. Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive Plan. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 1.73-acres of land with an R-8 zoning district.A legal description and exhibit map for the annexation area is included in Section VIILA. This property is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 9 single-family attached and detached dwelling units and 2 common lots at a gross density of 5.84 units per acre(see Sections VIILB,E). The proposed use and density of the development is consistent with the MDR FLUM designation. Single-family detached and attached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2.Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The property is contiguous to City annexed land to the north and is within the City's Area of City Impact boundary.A legal description and exhibit map of the overall annexation area for the R-8 zoning districts are included in Section VIILA. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 9 building lots and 2 common lots on 1.539-acre property in the proposed R-8 zoning district. Proposed lots range in size from 4,237 to 5,332 square feet(s.f)(or 0.09 to 0.12 acres).The proposed gross density of the subdivision is 5.84 units per acre.The subdivision is proposed to develop in one phase as shown in Section VIII.B. Existing Structures/Site Improvements: The outbuilding located on E. Ringneck Street should be removed with development of this property. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed preliminary plat appears to comply with the dimensional standards of the district. Access: Access is proposed from E. Ringneck Street from N. Verado Ave. and E.Ustick Road. Direct lot access from E. Ustick Road is prohibited. The Applicant is proposing to remove the existing curb cut to E. Ustick Road on this site as depicted on the preliminary plat. An Emergency Vehicle Turnaround is depicted on the plat over Lot 3,Block 2;the intent is to remove the turnaround to accommodate a single-family residential home once N.Lapis Road is extended in the future. The Applicant has proposed to landscape this parcel to be used as common open space for the development until such time that N.Lapis Road is extended. 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. Landscaping(UDC 11-3B): A twenty-five-foot landscape buffer is required along E.Ustick Road in accord with UDC 11-3B-7. The landscape plan submitted depicts a thirty-foot landscape buffer along E. Ustick Road due to the Milk Lateral Easement. Staff finds that the landscape plan should depict less lawn and a wider planter bed with an additional mix of a variety of shrubs, mulch, and other vegetative ground cover in accord with UDC 11-311-7C. A Tree Mitigation Plan should be submitted with the finalplat detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11- 311-10C.5. Sidewalks (11-3A-17): E.Ustick Road is improved with an existing 5-foot wide detached concrete sidewalk abutting the site in accord with UDC standards. Staff is not recommending that this sidewalk be replaced with a 5-foot detached sidewalk. The Applicant is proposing 5-foot attached sidewalks on both sides of E.Ringneck Street and N.Lapis Avenue. Staff recommends that the Applicant replace the gravel area in the parkway area with vegetation in accord with UDC 11-311-7C and remove the driveway and replace with curb,gutter, and sidewalk per ACHD standards. 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. 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 plan, the Applicant is proposing 6-foot Vinyl fencing around the perimeter of the site and between the single-family attached homes. A detail of the fencing should be provided with the final plat. Pressurized Irrigation System (UDC 11-3A-I S): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. The second common lot proposed on the east side of this site is planned to serve the pump station for the proposed subdivision's pressure irrigation as depicted on the preliminary plat. The corridor for the southern user ditch is to be piped from the southeast corner of the existing exit location into the Verado Subdivision to the west. The property does not comprise surface water rights;therefore, the Applicant is proposing a private pressurized irrigation system. 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. Building Elevations: Conceptual building elevations were submitted that demonstrate what future homes in this development will look like (see Section VIII.D). Variations of single-story homes with a two-car garage are proposed. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding, stucco, differing color accents, and roofprofiles. Staff recommends that the Applicant add additional stone or brick accents to the front of the homes to provide more of a variation in materials and a combination of various colors for each unit. The Applicant shall submit elevations for the future single-family detached home with the Design Review Application. The final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual. VIL DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement,and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on May 18,2023.At the public hearing,the Commission moved to recommend approval of the subject Annexation,Zoning and Prelimiga Plat requests. 1. Suimnary of Commission public hearing a. In favor: Chip Gallagher b. In opposition:None C. Commenting: Chip Galla homer d. Written testimony: Christie Mangel,increased traffic, safety, and need for noise mitigation, e. Staff presenting application: Stacy Hersh,Associate Planner Other Staff commenting on gpplication:None 2. Key issue(s)of public testimony a. None 3. Ke, ids)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s) for City Council: a. None C. The Meridian City Council heard these items on June 27.2023.At the public hearing_the Council moved to approve the subject Annexation_Zoning and Preliminary Plat reauests. 1. Summary of the City Council public hearing: a. In favor: Kent Adamson_RiveRidge Engineering Company b. In opposition: None C. Commenting: Kent Adamson_RiveRidge Engineering Company d. Written testimony:None C. Staff presenting application: Stacy Hersh_Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map Description for R,8 Zone Ringneck Place Subdivision February 21,2023 A parcel of land located in Government Lot 3 of Section 5.Township 3 North, Range 1 East,Boise Meridian.Ada County, Idaho more particularly described as follows: Commencing at the 114 corner common to Section 5,T.3N.,A.1 E., B.M.and Section 32,TAN., R.1 E.,B.M.,from which the Section corner common to Sections 5 and 6, T.3N., R.1 E.,B.M.,and Sections 31 and 32, T.4N.,R.1 E.,B.M.,bears North 89''44'57"West,2,655.43 feet.thence on the north boundary line of said Section 5, North 89'44'57"West, 167.49 feet to the POINT OF BEGINNING; thence leaving said north boundary line.South 00'28'02"West.450,00 feet; thence North 89-44'57'West, 167.50 feet to the east boundary line of Verado Subdivision No, 1 as filed in Book 112 of Plats at Pages 16219 through 16223, records of Ada County,Idaho; thence on said east boundary line and the northerly extension thereof. North 00'28'02"East,450.00 feet to the north boundary line of said Section 5; thence on said north boundary line,South 89'44'57"East, 167.50 feet to the POINT OF BEGINNING, Containing 1,730 acres,more or less. End of Descnption. \pN�1 LANO i `o GENse. - y 11779 p �� 2i/oz 3�0 c�0 p 9rf OF y4f McCFO- Page 1 of 1 Basis of Bearings— ......... N89'44'57"W 2655.43. T.4N 5.31 5.32 589.44'57"E 157.50' Beginning 1/4 S_32 TAN_._ T.3N S.6 S.5 2320.44' %Z. /. -__ 167.49' ___ S.S T 3N, Usliek Rd. Block Verado Sub No b a o o E. Ringneck 6 C) v St. a o t1.730 is to Acres cc o Block 5 Verado Sub No N89'44'57'W 187.5W LAND ENS - a 111779 C0OgT f OF NO a 20 40 ea 160 yy MaCp�`� IDAHO Exhibit Drawing for 1? SURVEY 609&k `°" R-8 Zone ,WousmIt Rin neck Place Subdivision 1 GROUP, LLC located In Gouwnnwit tot 3 of S°otlon 5, Dug, Doa LSN.,R1E,. ".. Ado county. Idaho. 2/21/2023 B. Preliminary Plat(dated: 1/30/2023) - ► -- 6&� ri Alm- � r 1 it 3SiMitS'efYlYlTiiTalSL3 ��'�� —� —_• ' �t( j - - DEE , C. Landscape Plan(dated: 1/26/23) IL _ Z L-1.01 D. Conceptual Building Elevations 6 _I u W: -4.11f11t1t s m ® ff — d _ IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property.Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan,and conceptual building elevations included in Section VIII and the provisions contained herein. 2. The final plat shall include the following revisions: a. Include a plat note that restricts Lot 3,Block 2 from being a buildable lot until N. Lapis Road is extended in the future. b. Graphically depict zero lots line on the plat for those lots that will be developed with single- family attached homes. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Replace the gravel area in the parkway area with vegetation in accord with UDC 11-3B-7C and remove the driveway and replace it with curb,gutter,and sidewalk per ACHD standards b. Depict a fencing detail for all new fencing proposed for the subject site. c. Lot 3,Block 2 shall be landscaped and used as common open space for the development until such time that N. Lapis Road is extended. c. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred(100)percent replacement per UDC 11-3B-10C.5. d. Revise the landscape plan to depict less lawn and a wider planter bed with an additional mix of a variety of shrubs,mulch, and other vegetative ground cover in accord with UDC 11-3B-7C within the 25-feet landscape buffer along E. Ustick Road. 4. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 5. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 9. The Applicant shall comply with all ACHD conditions of approval. 10. Direct lot access from E.Ustick Road is prohibited. 11. A Design Review application shall be submitted and approved for the proposed single-family attached homes prior to submittal of a building permit application. The design standards listed in the Architectural Standards Manual and the Development Agreement. The Applicant shall submit revised elevations that include a mix of stone and/or brick as well as submit elevations for the future single-family detached home with the Design Review Application. 13. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5,UDC 11-313-13 and UDC 11-313-14. 14. The preliminary plat approval shall become null and void if the applicant fails to either: 1)obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or 20 obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Call out removal of blow-off valve on water main along west boundary of site. 1.2 Dead ends to the east and south need to either end in a fire hydrant or a 4"blow-off. 1.3 Ensure no sewer services pass through infiltration trenches. 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(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-313. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 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 The fire department turn around shall be signed"No Parking Fire Lane"per the 2108 IFC and installed to ACHD standards. D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT No multi-use pathways required for this project;propose a tree mitigation plan for any trees to be removed and submit to City Arborist prior to final approval per UDC 11-3B-10. F. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancioy orgi ebLinkIDocView.aspx?id 290606&dbid O&repo MeridianCiU G. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianci y.orgI ebLinkIDocView.aspx?id 292631&dbid O&repo MeridianCi &cr 1 L IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id 293371&dbid 0&repo MeridianQU J. AIM COUNTY HIGHWAY DISTRICT(ACHD) No comments were received from ACHD. K. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id 292720&dbid 0&repo Meridian City&cr 1 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; Commission finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family attached dwellings on the site at a gross density of 5.84 units per acre is consistent with the density desired in the MDR designation for this property; the 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 district, specifically the purpose statement; Commission finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission 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 Commission finds City services are available to be provided to this development. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. 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) Commission 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 ad are adequate to accommodate the proposed development; Commission 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; Commission finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; Commission 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 Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. E IDIAN --- AGENDA ITEM ITEM TOPIC: Meridian Fire Department: Fiscal Year 2024 Budget Amendment in the Amount of$100,000.00 for Darkhorse Data Analytics and Predictive Modeling Software 11-21-2023 jfields 11.7.23 CzUpeeMbwpjfbu:;53bn-Opw18-3134 Approved Jessica Perreault via email 11.8.23 11-8-23 CONSULTING SERVICES AGREEMENT DATA ANALYTICS AND PREDICTIVE MODELING TOOL THIS SOFTWARE AS A SERVICE AGREEMENT ("Agreement) is entered into effective as of August 10„2023 (the "Effective Date") BETWEEN: Darkhorse Emergency Corp., a corporation formed under the laws of Alberta,with an address at 10139 81 Avenue, Edmonton,AB,T6E 1W9, Canada ("Darkhorse") and Meridian Fire Department,with an address of 33 E. Broadway Ave., Ste.210, Meridian, ID 83642 U n ited States ("the Customer") WHEREAS: A. Darkhorse provides Consulting and Implementation Services, Subscription Services, and Advisory Services related to a predictive modeling solution for emergency services providers, as defined herein; B. The Customer is an emergency service provider that wishes to acquire Implementation Services, Subscription Services, and Advisory Services in accordance with this Agreement; and C. Darkhorse and the Customer are forming this Agreement to establish the terms and conditions upon which the Darkhorse will provide the Implementation Services, Subscription Services, and Advisory Services to the Customer. D. The Customer is a based in the United States. All currency amounts within this contract will be in USD. NOW THEREFORE,for good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the Parties agree as follows: 1.0 DEFINITIONS 1.1 Definitions. The following terms as used in this Agreement, including the recitals, shall have the meanings indicated below, unless otherwise indicated or the context otherwise req u i res: (a) "Business Day" means a day Monday through Friday that the chartered banks are open for business in the Province of Alberta. (b) "Business Hours"9 a.m.to Sp.m. MST during Business Days. N "Confidential Information" means any information about a party, including but not limited to information about its business, products, services,suppliers, customers, or pricing that is provided or otherwise obtained pursuant to this 1 Agreement, except that Confidential Information does not include information that: (i) was in the prior possession of the receiving party; (ii) was received by the receiving party from a third party without obligations of confidentiality; (iii) is in the public domain; or (iv) is developed independently by a party without use of or reference to the information of the other party. (d) "Customer Data" means information provided by Customer to assist in the development of Deliverables or input in accessing and using the Subscription Services, including but not limited to information requested by Darkhorse related to call data, spatial data, operational data and municipal development plans. (e) "Customer Environment" means electricity, internet connectivity, compatible mobile communications devices, and compatible computer hardware, software, and operating systems,as further described in Schedule "B". (f) "Darkhorse Reports" means any reports or other output generated from the Customer accessing and using the Subscription Services. (g) "Deliverable" means a deliverable to be provided as set out in a SOW. (h) "Derivative Work" means a work that is based upon one or more pre-existing works, such as a revision, modification, translation (including compilation or recapitulation by computer), abridgement, condensation, expansion, or any other form in which such a pre-existing work may be recast, transformed, or adapted, and that, if prepared without authorization by the owner of the pre-existing work,would constitute a copyright infringement. (i) "Documentation" means all documentation with respect to the Subscription Services found at httos://darkhorseemeraency.com/ 0) "Event of Force Majeure" has the meaning set out in Section 12.3. (k) "Implementation Services" means the services to be provided by Darkhorse related to the customization and implementation of Darkhorse's Software and Subscription Services, including the provision of any Deliverables under a SOW. Implementation Services shall not include any data conversion or migration unless expressly provided in a SOW. (I) "Initial Term" has the meaning set out in Section 7. (m) "Intellectual Property Rights" means: (i) rights associated with works of authorship throughout the world, including but not limited to copyrights, neighbouring rights, moral rights, and mask works, and all Derivative Works thereof; (ii) trade design and industrial design rights; (iii) integrated circuit topography rights; (iv) trade-mark and trade name rights and similar rights; (v) trade secret rights and rights in confidential information; (vi) patents, designs, algorithms and other industrial property rights, (vii) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise; and (viii) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the foregoing). 2 (n) "Issue" means any failure of the Subscription Services to substantially comply with the Documentation when operated in accordance with this Agreement and the Documentation, with the applicable tier and priority level for resolution of such Issue as set out in Schedule "C". (o) "Qualified Personnel" mean Customer employees who have successfully completed Darkhorse's training program for the Software and Subscription Services. (p) "Renewal Term" has the meaning set out in Section 7. (q) "Service Level Agreement" means Schedule "C". (r) "Services" means Implementation Services and Subscription Services. (s) "Software" means the software application provided by Darkhorse to be installed on a computer or mobile communications device that will permit access to Subscription Services. M "SOW" means a statement of work agreed to in writing by the parties setting out the Implementation Services to be provided pursuant to this Agreement, and attached as Schedule "A"to this Agreement. M "Subscription Services" means the services listed in Schedule B and any Deliverables to be provided under a SOW,which may be accessed by Qualified Personnel on a computer or mobile communications device. M "Term" means the Initial Term, and any Renewal Terms, if applicable. 2.0 LICENSE 2.1 License to Customer. Darkhorse hereby grants to the Customer a personal, nontransferable, royalty-free, fully paid up license (without rights of sublicense) during the Term to install and use the Software solely on devices owned or controlled by the Customer or its Qualified Personnel, and solely for the purpose of accessing and using the Subscription Services. The license allows the Customer an unlimited number of users access to the platform. Darkhorse hereby grants to the Customer a personal, nontransferable, royalty-free, fully paid up license (without rights of sublicense) during the Term to reproduce and use any Darkhorse Reports. 2.2 Licenses to Darkhorse. Customer hereby grants to the Darkhorse a personal, nontransferable, royalty-free, fully paid up license (with rights to sublicense to its contractors and suppliers) during the Term to use, reproduce and create Derivative Works of Customer Data solely to provide Services and Darkhorse Reports to Customer in accordance with this Agreement. No derivative works will be shared outside of the Customer's organization without written consent from the Customer. 2.3 Restrictions. Customer is not licensed or permitted under this Agreement to do any of the following and shall not allow any Qualified Personnel or others for whom Customer is responsible to do any of the following: (i) access or attempt to access any other Darkhorse systems, programs or data that are not made available for public use; (ii) rent,sell, lease, lend, 3 redistribute or sublicense the Software or Darkhorse Reports or permit any third party to benefit from the use or functionality of the Software, Services or Darkhorse Reports via a rental, lease, timesharing, service bureau, or other arrangement without the express permission of Darkhorse Emergency Corp.; (iii) use the Software on any compatible device that Customer or Qualified Personnel do not own or control; (iv) copy, modify, or create Derivative Works of the Software, Services or Darkhorse Reports; (v) work around any technical limitations in the Software, Services or Darkhorse Reports, or use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law or by licenses with respect to open source software included with the Software; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by Darkhorse or other licensees or customers, or impose an unreasonable or disproportionately large load on Darkhorse's infrastructure; or (vii) otherwise use the Software,services or Darkhorse Reports except as expressly allowed under this Agreement. 3.0 IMPLEMENTATION SERVICES 3.1 Implementation Services. Subject to Customer fulfilling its obligations under the Agreement and the applicable SOW or SOWs, Darkhorse shall use commercially reasonable efforts to provide the Implementation Services in accordance with the applicable SOW or sows. 3.2 Acceptance. Any provision of Deliverables shall be subject to any acceptance procedures and criteria that may be set out in the applicable SOW. 3.3 Project Manager. Each party shall appoint the representative indicated in the applicable SOW to act as a Project Manager, which may be changed from time to time by providing written notice, who shall act as a single point of contact and be responsible for giving all instructions and notices permitted or required under this Agreement with respect to Implementation Services. 3.4 Training. Darkhorse shall provide training in the use of the Software and Subscription Services as set out in Schedule 'W',or as otherwise agreed in writing by the parties. 4.0 SUBSCRIPTION SERVICES 4.1 Subscription Services. Subject to Customer's compliance with Section 4.2, Darkhorse will use commercially reasonable efforts to provide Customer's Qualified Personnel with access to the Subscription Services in accordance with the Service Level Agreement. Except for the Customer Environment, Darkhorse shall be responsible for providing sufficient infrastructure,equipment,technical support labour to provide the Subscription Services. 4.2 Customer Obligations. During the Term, Customer shall be responsible for maintaining the Customer Environment at Customer's sole expense. To add clarity, this includes the access interface to the Darkhorse platform,all Customer databases and the data APIs that interface with the Darkhorse platform. 5.0 PAYMENTS 5.1 Implementation Services. Customer shall pay for Implementation and training in accordance with the Schedules"A", "B" and "D". 4 5.2 Subscription Services. Customer shall pay for Subscription Services in advance on an annual basis as set out in Schedule "D". 5.3 Invoices. Invoices are paid Net 30 days from the date of invoice. All amounts contemplated in the Schedules and all payments made shall be in the currency outlined in Schedule G. 5.4 Taxes. Pricing for Services is exclusive of GST, PST or HST, or other similar use or sales taxes,which shall be payable by Customer as applicable. 5.5 Interest. Interest will be payable on any overdue amounts under this Agreement at the lesser of 12 percent (12%) per annum or the highest amount permitted by law. 6.0 REPRESENTATIONS AND WARRANTIES 6.1 Capacity. Each party represents and warrants to the other that it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement. 6.2 Residency. Darkhorse represents and warrants that as of the Effective Date it is not a non-resident for the purposes of the Income Tax Act (Canada). 6.3 Implementation Services. Darkhorse represents and warrants that it will provide Implementation Services in accordance with general industry standards. Customer's sole remedy and Darkhorse's sole obligation for a breach of this representation and warranty is to use commercially reasonable efforts to re-perform such Implementation Services in accordance with the representation and warranty. 6.4 Subscription Services. Darkhorse warrants that the Subscription Services will substantially comply with the Documentation when operated or used in accordance with this Agreement and the Documentation. Where an Issue arises with Subscription Services when operated or used in accordance with this Agreement, the Customer's sole remedy and Darkhorse's sole obligation is to provide support to resolve such Issue in accordance with the Service Level Agreement. 6.5 Customer Data. Customer represents and warrants that all Customer Data shall be complete, accurate and free of errors and omissions, and that Customer has all rights necessary to grant the licenses to the Customer Data set out in this Agreement. 6.6 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE, SERVICES AND DARKHORSE REPORTS ARE PROVIDED "AS-IS", AND DARKHORSE DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DARKHORSE SHALL HAVE NO LIABILITY FOR ANY USE OF OR INABILITY TO USE THE SOFTWARE, SERVICES, OR DARKHORSE REPORTS FOR ANY ERROR, INACCURACY OR OMISSION IN THE SOFTWARE, SERVICES OR DARKHORSE REPORTS CAUSED BY ANY INCOMPLETENESS OR INACCURACY OF CUSTOMER DATA, OR ANY UNAVAILABILITY, INTERRUPTION OR DEGREDATION OF INTERNET SERVICE. 5 7.0 TERM AND TERMINATION 7.1 Term. This Agreement shall commence on the Effective Date and run for an initial term of two years ("Initial Term") and shall automatically renew for successive terms of two years (each a "Renewal Term"), unless either party provides at least thirty (30) days' notice prior to the end of the Initial term of Renewal Term,as applicable. 7.2 Termination. This Agreement may be terminated by a party upon written notice where it has previously provided written notice of a material breach or default of any of the provisions of this Agreement by the other party, and such breach or default remains uncured for a period of thirty (30) days after the receipt of written notice describing such breach, except that with respect to a breach of Section, parties shall have only the remedies set out therein. 7.3 Effect of Termination. Immediately after the effective date of expiration or termination of this Agreement, Customer shall discontinue all use of the Software and Services. Within ten (10) days of expiration or termination of this Agreement, each party shall return to the other party all Confidential Information of the other party (including in the case of Darkhorse, the return of the Customer Data), except that the obligation to return information shall not include that which must be retained for legal or archival purposes, or which is retained on a party's network. Customer shall pay all amounts due or accruing due as of the effective date of expiration or termination of this Agreement. 8.0 CONFIDENTIALITY 8.1 Confidential Information. Each party agrees to maintain the confidentiality of the Confidential Information of the other party and shall not disclose the Confidential Information of the other party without its prior written consent or as required by law. Each party agrees not to use the Confidential Information of the other party except to fulfill obligations or exercise rights under this Agreement, or to enforce this Agreement. A party shall be entitled to disclose the Confidential Information of the other party where required by applicable law, or the order of a court or government agency without authority to do so, except that where permitted by applicable law, the party obligated to disclose such Confidential Information shall provide prior written notice of such disclosure to the party whose Confidential Information is being disclosed. 9.0 OWNERSHIP 9.1 Software and Services. Except for the limited licenses granted in this Agreement, Darkhorse shall own all right, title and interest in and to the Software and the Services, including but not limited to all Intellectual Property Rights therein or thereto. To the extent Customer acquires any right, title and interest in and to the Software and the Services, including but not limited to all Intellectual Property Rights therein or thereto, except as provided above,Customer hereby assigns and agrees to assign the same to Darkhorse. 9.2 Customer Data. Except for the limited licenses granted in this Agreement, Customer shall own all right, title and interest in and to the Customer Data, including but not limited to all Intellectual Property Rights therein or thereto. To the extent Darkhorse acquires any right, title and interest in and to the Customer Data, including but not limited to all Intellectual Property Rights therein or thereto, except as provided above, Darkhorse hereby assigns and agrees to assign the same to Customer. 6 9.3 Inventions and Improvements.Any and all inventions and improvements which the Customer may conceive, suggest or make while receiving access to the Software or the Services, shall be the sole and exclusive property of Darkhorse. Customer hereby assigns and agrees to assign to Darkhorse all right, title and interest in and to the inventions and improvements, including but not limited all Intellectual Property Rights therein or thereto. 9.4 Further Assurances. The Customer shall, whenever requested by Darkhorse, execute any and all applications, assignments and other instruments which Darkhorse shall deem necessary in order to apply for and obtain letters of patent or copyrights of Canada or foreign countries for the Software, Services, inventions or improvements, and in order to assign and convey to Darkhorse the sole and exclusive right, title and interest in and to the Software, Services, inventions or improvements, including but not limited to all Intellectual Property Rights therein or thereto. 10.0 INDEMNITY 10.1 Indemnification. Subject to Section 10.2, Darkhorse shall defend, indemnify and hold harmless Customer from any and all claims, actions, suits, damages and expenses alleging that the Software or Services, as provided by Darkhorse, infringe or misappropriate the Intellectual Property Rights of a third party. 10.2 Notice and Cooperation. Darkhorse's obligations of indemnity are subject to: (i) Customer promptly notifying Darkhorse in writing for any claim of for indemnification pursuant to Section 10.1 (provided that Customer's failure to provide such notice shall relieve Darkhorse of its indemnification obligations only to the extent that such failure prejudices the Darkhorse's ability to defend the claim); (ii) providing Darkhorse with sole control of the claim, its defense and all negotiations for its settlement or compromise; and (iii) providing information and assistance reasonably necessary to permit the Darkhorse to defend the claim. 10.3 Exceptions. Darkhorse shall not be liable under Section 10.1 to the extent any claims results from Customer Data, modifications to the Software or Services other than by or for Darkhorse or use of the Software or Services in a manner not authorized by the Agreement. 11.0 LIMITATIONS OF LIABILITY 11.1 EXCEPT FOR OBLIGATIONS UNDER SECTION 10, OR A BREACH OF SECTIONS 2,6.5 OR 8-10 OR AMOUNTS PAYABLE UNDER THE AGREEMENT, NEITHER PARTY SHALL BE LIABLE FOR: (i) ANY FORM OF INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, LOST PROFITS OR OTHER ECONOMIC LOSSES, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT (INCLUDING NEGLIGENCE), CONTRACT AND BREACH OF WARRANTY, EVEN IF THE OTHER PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) DAMAGES IN EXCESS OF AMOUNTS PAID OR PAYABLE BY CUSTOMER TO DARKHOUSE IN THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE DATE SUCH DAMAGES AROSE. 12.0 GENERAL 12.1 Notices. Notices and other communications sent by a party must be in writing and shall be deemed properly given if they are sent by email or prepaid courier to the other party at the respective physical address or email address set forth below: Darkhorse Emergency Corp. Meridian Fire Department 10139 81 Avenue 33 E. Broadway Ave.,Ste.210 Edmonton,AB T6E 1W9 Meridian, ID 83642 Canada United States Attention: Craig Hiltz,Vice President Attention: Charlie Butterfied, Email: Deputy Chief craia.hiltzndarkhorseemeraency.com Email: cbutterfield@me rid iancity.org or at such other addresses or email addresses as the party may advise in writing. Such notices and other communications shall be deemed to be received at the opening of business in the office of the addressee on the Business Day following transmission in the case of emails and delivery in the case of prepaid courier. 12.2 Utilization by Other Public Agencies Clause. The use of this contract shall be made available to other local governmental agencies and agencies established for the public benefit ("Public Agencies"). The parties agree to allow other governmental agencies to enter into separate agreements with the Contractor under the terms in effect between the Customer and the Contractor.The parties also agree that any other agency utilizing the terms of this agreement shall not be deemed to be an agent or employee of the Customer for any purpose whatsoever. The parties further agree that any Public Agency will enter its own separate contract with the Contractor. The Customer is not otherwise responsible for the Public Agencies' performance of the Contract between the individual Public Agencies and the Contractor or for any obligation or liability accruing to the Public Agencies in the performance thereof.The Public Agencies and the Contractor further agree to waive any rights they may have in making the Customer a party to a dispute between a Public Agency and the Contractor. 12.3 Pause Clause. If the activity or decisions of the Customer result in significant delays to the timeline that cause Darkhorse to move their team onto another project, Darkhorse will pause the project and restart it based on Darkhorse's schedule and availability.Timelines will be adjusted accordingly. 12.4 Independent Contractors. The parties acknowledge that they are independent contractors and no other relationship, including partnership, joint venture, employment, franchise, master/servant or principal/agent is intended by this Agreement. Neither party shall have the right to bind or obligate the other. 12.5 Force Majeure. Non-performance of this Agreement (other than any failure to meet to make payments required under this Agreement) by a party shall be excused to the extent that performance by such party is rendered impractical or impossible by civil disobedience, strike, earthquake, fire, flood, governmental acts, governmental orders or governmental restrictions, shortages of supplies, or any other reason where failure to perform is beyond the reasonable control of, and not caused by negligence of, the non-performing party ("Event of 8 Force Majeure"); provided further that the non-performing party provides prompt notice of the Event of Force Mai eure and its expected duration, and uses reasonable efforts to resolve such Event of Force Majeure. 12.6 Equitable Relief. Each party acknowledges that any breach of its obligations under this Agreement with respect to the proprietary rights or Confidential Information of the other party shall cause irreparable injury for which there are inadequate remedies at law, and therefore the other party shall be entitled to seek in any court of competent jurisdiction injunctive, preliminary or other equitable relief in addition to damages, including court costs and reasonable legal and other professional fees, to remedy any actual or threatened violations of its rights with respect to such matters. 12.7 Amendment and Waiver. No modification or amendment to this Agreement shall be effective unless in writing and signed by both parties. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any waiver shall be effective only if in writing and signed by the party waiving rights. 12.8 Advertising. The Customer grants Darkhorse the right to reference the services performed for the Customer and the Customer name in Darkhorse's advertising or public relations materials. 12.9 Entire Agreement. This Agreement, including the attached Schedules incorporated herein, contains all the terms and conditions and constitutes the entire agreement in force and effect between the parties with respect to the subject matter of this Agreement. This Agreement supersedes all previous proposals, both oral and written, negotiations, representations, commitments,writings and all other communications between the parties. 12.10 Survival. Sections 1, 5, 6, 7.3 and 8-12 shall survive the expiration or termination of this Agreement. 12.11 Assignment. Customer may not assign this Agreement without the express written consent of Darkhorse,which may be withheld in its sole discretion. Darkhorse may assign this Agreement by providing written notice to the Customer. This Agreement shall be binding upon and enure to the benefit of the parties and their respective heirs, executors, legal personal representatives,successors and assigns. 12.12 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision of this Agreement. 12.13 Legal Fees. In the event any litigation is brought by either party in connection with this Agreement,the substantially prevailing party in such litigation shall be entitled to recover from the other party all the costs, reasonable legal and other professional fees reasonably incurred by such party in the litigation, and need not bring a suit to final judgment to substantially prevail. 12.14 Headings. The division of this Agreement into Articles and Sections and the insertion of headings are for convenient reference only and are not to affect its interpretation. 12.15 Choice of Law and Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of the Province of Alberta, other than with respect to conflict of 9 laws. The parties irrevocably submit and attorn to the exclusive jurisdiction of the Province of Alberta, in respect of matters arising in connection with Agreement. 12.16 Counterparts. This Agreement may be executed in two or more counterparts and transmitted by facsimile or electronically as a PDF (Portable Document Format) document, each of which when so executed and delivered shall be deemed an original,and all of which together shall constitute one and the same instrument. 12.17 Electronic Signatures and Electronic Records: Darkhorse and the Customer consent to the use of electronic signatures. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by the Customer in the manner specified by Darkhorse. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed effective as of the Effective Date. Darkhorse Emergency Corp. Meridian Fire Department Pe r: Pe r: Name and Title: Craig Hiltz,Vice President Name and Title: Charlie Butterfield, Deputy Chief 10 SCHEDULE "A" IMPLEMENTATION SERVICES Services Provided 1. Implementation Services a. Clear identification of required data and collaboration with the Customer data manager to understand service-specific business rules and particulars. b. Initial processing and validation of Customer data using the Darkhorse Wrangler. c. Iterative Diagnostic and Deployment tool demos to clarify assumptions, generate discussion, and familiarize the Customer team with the software. d. Forecasting future incident demand and road networks based on municipalities' population and development projections. e. Customization of the Deployment software to the Customer's specific language to facilitate adoption and ease of. f. Access to our library of clear data visualizations that are easily exportable as SVG, PNG, or CSV (data table) files. g. Set up automated application updates from Customer data uploads to the Darkhorse SFTP server. h. Historical review facilitated by our Diagnostics software. This review includes call volume, drivetime, overgoal responses, and performance to Customer service standards. i. Diagnostic analysis facilitated by our Diagnostics software. This includes identifying the root causes of overgoal responses. The analysis is done on both a first response level and on a contingent standard for incidents where an Effective Response Force (ERF) is required. j. In collaboration with the Customer, the creation of several predefined station configuration scenarios. k. Identification of mathematically optimal station locations using specialized optimization software for the predefined scenarios and constraints. I. Executive summary presentation deck capturing key insights from diagnostic analysis, root cause analysis and station location recommendations The Implementation phase will take between 10 and 12 weeks from the date full data is provided to Darkhorse. 2. Advisory Services (OPTIONAL) Access to Darkhorse advisor(s) throughout the subscription period. To accommodate the reality that the Customer's needs may change from year to year, Darkhorse offers two options to meet the needs of each contract year. Options can be 11 changed at the beginning of each contract year.Option 2 can be initiated at any point of a contract. Option 1 - Fractional FTE: The Darkhorse team will provide access to the appropriate resource to meet the Customer's needs on a longer-term arrangement. Resources may range from a strategic advisor to a technical analyst. Engagements are typically in place for the entire year. The cost will depend on the type and fraction of resource(s) included. Option 2 - Advisor Retainer: This is the most flexible approach if the Customer is uncertain of their needs, but Darkhorse's responsiveness will depend on the availability of the required advisor type.The Customer pre-pays for a block of 40 hours for $10,000 and can re-purchase an equal or larger block as required. Purchased hours do not expire for the term of the contract.Annual inflation escalation of block price is based on CPI. 12 SCHEDULE "B" LIST OF SUBSCRIPTION SERVICES AND CUSTOMER ENVIRONMENT Subscription Services Subject to the Customer's provision of the Customer Environment, Subscription Services consist of the provision of access to and use of the functionality of the following items in accordance with the Agreement, including but not limited to the Service Level Agreement: APPLICATION USE PLATFORM DATA UPDATE FREQUENCY Darkhorse Data cleanliness and Darkhorse Auto updates based Wrangler consistency for Darkhorse computational on client frequency Service applications. notebooks and requirements standardized Enables efficient analysis to database answer ad-hoc analytics requests. Darkhorse HQ Quick access to your most Web-based Auto updates based important KPIs on client frequency requirements Darkhorse Historical data exploratory Web-based Auto updates based Diagnostics application. on client frequency Module requirements Darkhorse Predictive modelling Web-based Annual spatial Deployment application -Station update. Module locations, resource Annual demand set deployment scenarios, to review and boundary optimization. updates. The subscription start date will be the contract signing date.This date will be the anniversary of subsequent subscription years. 13 SCHEDULE "C" SERVICE LEVEL AGREEMENT ISSUE TIER AND PRIORITY DEFINITION SERVICE LEVEL PRIORITY Fier 1 Tier 1 issues are those Issues that Support for Tier 1 Issues will be involve any loss of productive provided by a trained power user Any Priority use caused by non-code factors, within the Customer organization. such as the need or loss of Issues that cannot be handled by credentials for logging in, Tier 1 support will be escalated to inaccessibility to Wi-Fi for data Darkhorse Tier 2 personnel. downloads,device-specific support Tier 2 issues are those Issues not covered or resolvable via Tier 1 support, and these include application bugs. Tier 2 support requests will originate from the designated client Tier 1 representative. Priority 1: Priority 1 Issues are those Acknowledgement Time: Urgent defined by complete loss of Maximum of 4 hours within productive use. Functionality is Business Hours from the inquiry prohibited with no client-side being made by the Customer. workaround available. Resolution Time is within 8 hours of Acknowledgement Time Priority 2: Priority 2 are those Issues is Acknowledgement Time: Normal when productive use is not Maximum of 8 hours within impacted. Functionality is Business Hours from the inquiry available but model outputs are being made by the Customer. not as expected or has the app has minor or cosmetic defects. Resolution Time will be determined on a case-by-case Workarounds or configurable basis after understanding client options are generally available. urgency.Typically, a response is achieved within 1-3 days. 14 SCHEDULE "D" PRICING A project of this size and complexity can typically be completed in 10 to 12 weeks of effort. Availability of your data and feedback is critical to maintaining this pace. All costs exclude approved pass-through costs (i.e.,travel) and applicable taxes. The implementation phase will have three invoices: (1) 20% upon signing the contract (2) 40%after the diagnostics phase, and (3) 40%at the end of the implementation phase. The annual subscription fee will be invoiced full on the first day of each subscription year. Advisory Services are completely optional. All amounts are in USD. OFFER COMPONENTS: PLATFORM Term of the Agreement 2 years Implementation Services Software implementation Wrangler service HQ module Diagnostics module $60,000 one-time fee Deployment module Virtual training workshops (Diagnostics &deployment) Data pipeline Software Subscription UI IIII I IILCu uJCIJ i i I II Kcal support I Annual invoice HQ, Diagnostics, Deployment modules $20,000 per year Annuai inuation escalation oasea on �_Ni Total:Year 1 $80,000 15 SCHEDULE "E" Workman's Compensation Exemption Workers' a o Compensation Board Customer Service Alberta 9912-107 Street Phone. 78DA98-3999 January 27,2012 Po Box 2415 Fax 780d98-7999 Edmonton AB TSJ 2S5 Website: www.wcb.ab.ca Toll Free: 1-866-922-9221 DARKHORSE ANALYTICS INC. 9007 112 ST NW Account Number: 6595277 EDMONTON AB T6G 2C5 Dear Maciej Bukczynski: RE: Voluntary Coverage Confirmation Thank you for submitting your WCB-Alberta account application. Under the Alberta Workers'Compensation Act,your industry is considered exempt.Coverage in this industry is voluntary. If you wish to proceed with voluntary coverage,please forward your consent to our office within three business days. If your consent is received after this date,it will be considered a new application and coverage will be effective the date your consent is received in our office. To provide your consent,you can reply via email to jane.kan@wcb.ab.ca or phone me at 780- 498-3999. For more information or to access our online services,please visit www.wcb.ab.ca. Sincerely, Jane Kan Employer Account Services E2 encl. Please help us serve you better by stating your account number on all correspondence ED 0033 3587 1 of 1 16 SCHEDULE "F" CERTIFICATE OF INSURANCE Canadian Dollars OONFP Edmonto,AB TSS 1J9 ue nfp.cca.486.0169 CERTIFICATE OF INSURANCE NAMED INSURED: Darkhorse Emergency Holdings,Darkhorse Emergency LP, CERTIFICATE HOLDER: Mani Fire Department Darkhorse Visualization Holdings and Darkhorse Visualization LP 10139 81 ave NW 33 E.Broadway Ave.,Ste.210 Edmonton,AB T6E 4A4 Meridian ID BM42 This a to ce"that the policies of insurance listed below have been issued to the insured named above for the policy period indicated,notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate may be issued or may pertain the Insurance afforded by the policies herein is subject to all the terms,exdusions and oond0ions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, POLICY POLICY TERM(MM/DD/YYY1) TYPE OF INSURANCE NUMBER FROM TO LIMITS OF LIABILITY GENERAL LIABILITYCertain Underwriters as arranged by Lloyd§through CFC per Occurrence $ 6,000,000 Underwriting Par Occurrence ESLo39644&48 04/04/2023 04/04/2024 General Aggregate $ 5,000,000 •Contingent Employers Liability Pioducts/Completed Operations Aggregate $ 5,000,000 Blanket Contractual Liability Personal Injury&Advertising Liability $ 5,000,000 Broad Form Property Damage Non-Owned Automobile $ 2,000,000 Cross Liability/Sevembility of Interest Tenants Legal Liability $ 500,000 Medical Expense Any One Person $ 25,000 Employers Liability $ 1,000,000 PROPERTY Underwriters at Lloyds under Agreement No.B1306C500432300 Per Occurrence •Per Occurrence FPBK2097 0523I2023 /1/2112024 Contents $ 175,000 Betlermen[s $ 25,000 Equipmerd breakdown $ 200,000 TECHNOLOGY PROFESSIONAL LIABILITY Certain Underwriters as arranged by Lloyd's through CFC Each Claim $ 2,000,000 Underwrbing ESL0039644818 04/04112023 04104/2024 Techrldogy Professional Aggregate $ 2,000,000 CYBER LIABILITY Certain Underwriters as arranged by Lloyd's through CFC Limit $ 2,000,000 Underwriting ESL0039644848 0410412023 1 041O412024 iCyberAggregate $ 2,000,000 ADDITIONAL INSUREDILOSS PAYABLE/LESSOR Certificate Holder is added as Additional Insured on the CGL policy as required by written contract but only with respect to liability arising out of the operations of the Named Insured. CANCELLATION: Should any of the above described pdkies be ranrelled before the expiration data thereof,the issuing rampany volt endeavor to mail 30 days written notice to the certificate holder named above,but failure to mail such notice shall impose no obligation or liability of any kind upon Ore company,its agents or representatives. ADDITIONAL INFORMATION DATE: 2023-08-10 PER: Cady Cust-Client Manager CarlY.tust@nfp.ca This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policies above. 17 SCHEDULE "G" U.S. PAYMENT TRANSFER DETAILS Please email the the following information to Darkhorse at ARccodarkhorseanalvtics.com within 2 weeks of signing the contract. 1) The finance department contact information (contact name,email and phone number),and; 2) The payment method you will be using - (a) cross-border ACH,or (b) wire. Darkhorse Emergency is located in Canada. If using ACH payment, please confirm with your financial institution to ensure your account has this feature. IMPORTANT:there are different ABA numbers when a US company is paying via ACH versus wire. Both are included in the document linked below. All payments are to be made in US dollars. DARKHORSE E M E R L END 10139 81 Ave NW,Edmoelon,AS TBE 1 W 9 US Payment Transfer Information Financial Institution Information Name of Bank: Royal Bank of Canada Address: 10200 102 Ave NW-Unit D219,Edmonton,AB,T5J 4B7 Swift Code: ROYCCAT2 Bank Number: 003 Account Number: 037494002614 Account Type: USD Chequing Account Company Information: Name: Darkhorse Emergency Corp. Address: 10139 81 Ave NW,Edmonton,AS T6E 1 W9 Contact Person: Chantelle Bryce Telephone Numbers: 1-800-261-1832 Email Address: AR@darkhorseemergency.com Intermediary/Corresponding Bank-For Wire Transfers ABA number: 021000021 Swift Code: CHASUS33 This is a JP Morgan Chase bank and by entering this number,all the needed information should populate automatically. 18 E IDIAN --- AGENDA ITEM ITEM TOPIC: Solid Waste Program Recommended Changes to Bulky Items Pickup Program C� f1E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: November 14, 2023 Presenter: Laurelei McVey, Public Works Est Time: 15 Min Topic: Solid Waste: Improvements to Bulky Item Pickup Program The Public Works Department is recommending a change to improve the bulky item pickup process for our residents. Bulky items are items that are too large to fit in a standard curbside trashcan such as non- freon appliances, mattresses, chairs, and couches,just to name a few. Currently the City offers two opportunities for residents to schedule to have these items picked up for free throughout the year. Once during Extra Trash Week(last week of December) and once during Spring Cleanup (first week in May after Trash or Treasure Event). Residents currently have to call and schedule these pickups in advance, but can have up to 7 large items removed for free. Additional bulky item pickups can be scheduled throughout other times of the year with Republic Services; however, it is at a cost to the resident. Due to the growing success of these programs and the growing size of our community, there is now too much demand to efficiently manage these pickups during the one-week period. Public Works staff worked with Republic Services to evaluate and propose a program enhancement. Under the new program, every year each resident will be given 10 free bulky item pickups to be scheduled with Republic Services anytime throughout the year. This will add flexibility and convivence for our residents. The year-round bulky item pickup program will replace the Extra Trash Week and the Spring Cleanup week. However, this program change will not impact other events like Trash or Treasure, Christmas Tree Recycling, and Rake Up the Fall which will still occur and offer residents additional free opportunities to divert these items from the normal trash stream. This program change will not result in a cost increase to the City from Republic Services. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcvey@meridiancity.org, 208-985-1259. Solid Waste:November 2023Public Works Bulky Item Program Improvement Bulky Items & Extra Overflow Trash with no call10 small overflow items can be placed out on trash day •Must schedule pickup online with City’s Solid Waste Coordinator•Allowed 7 bulky items•Spring Cleanup (First Week of May)•with no call10 small overflow items can be placed out on trash day •Must call & schedule pickup with Republic Services•Allowed 7 bulky items•Extra Trash Week (Last Week of Dec)•Current Program- Current Options for Additional Trash Collection Christmas tree recycling (free)•10 bags each week for 4 weeks (free)-Fall leaf curbside collection•Squishy water bottles•Glass•i.e. BBQ, swing set-Metal items (90% metal)•Cardboard•Drop off of unlimited extra recycling @ transfer station (free)•Drop off extra waste @ transfer station ($24/cubic yard)•Obtain an additional trash cart ($2.71/month)•Subscribe to a grass cart ($8.74/month)•call for extra bulky item pick up (~$19.50 per item)-Outside of 2 weeks• City of Boise’s Bulky/Overflow Trash Program 5 extra trash overflow stickers per year (<1% utilization)•Must call Republic Services to schedule•6 bulky items per year (year round)• Proposed Program Enhancement pounds to count as 1 pickuplarger container up to 60 be grouped together into a Note: Small trash items can December) and reevaluate for 2025Track & analyze program participation (both in year round pick up and extra week in •no need to call-December extra trash week (5 small trash items)-2024•Plus•Online form on Meridian’s website•Email Republic Services•Call Republic Services•10 item pickups for free each year with enhanced scheduling options•Year Round Bulky & Extra Item Pickup• Next Steps Utility Bill Insert•Social Media•Republic Calendar Magnets•Website•beginning in January 2024-Outreach & Communications Plan•Track program participation & reevaluate program for 2025•Create online form option•5 small overflow items in last full week of December 2024•10 bulky & extra item pickups year round•starting in January 2024-Memorialize Program Change in SW Resolution (replaces existing resolution)•7 bulky items (scheduled)•10 small overflow items (not scheduled)•Last Week of December 2023-Still have Extra Trash Week this year• E IDIAN --- AGENDA ITEM ITEM TOPIC: Resolution 23-2425: A Resolution Accepting the Donations of Services and Programming Offered by Republic Services of Idaho: Updating Republic Services' Address for Notice Under the Solid Waste Collection and Disposal Services Franchise Agreement; Superseding Sections 2 and 3 of Resolution 12-844, as well as Exhibit A and the Addendum Thereto; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2425 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ACCEPTING THE DONATIONS OF SERVICES AND PROGRAMMING OFFERED BY REPUBLIC SERVICES OF IDAHO; UPDATING REPUBLIC SERVICES' ADDRESS FOR NOTICE UNDER THE SOLID WASTE COLLECTION AND DISPOSAL SERVICES FRANCHISE AGREEMENT; SUPERSEDING SECTIONS 2 AND 3 OF RESOLUTION NO. 12- 844, AS WELL AS EXHIBIT A AND THE ADDENDUM THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by sections 1 and 4 of City of Meridian Resolution no. 12-844, and pursuant to Article 15 of the Solid Waste Collection and Disposal Services Franchise Agreement, executed by the City on January 18, 2000, via Resolution no. 285 ("Franchise Agreement"), the City accepted the assignment of the Franchise Agreement to Republic Services of Idaho ("Republic Services"), and since April 1, 2012, Republic Services has operated a solid waste collection and disposal service in Meridian pursuant to the Franchise Agreement; WHEREAS, since April 1, 2012, Republic Services has partnered with the City to provide donated services and programming for the benefit of the community, including those enumerated in section 2 of City of Meridian Resolution no. 12-844 and the exhibit and addendum thereto, and the City and Republic Services seeks to renew and update the list of services and programming donated to or provided in partnership with the City; WHEREAS,the City Council of the City of Meridian finds that Republic Services' contributions of services and programming over the years have enhanced the Meridian community's quality of life, provided educational opportunities for our citizens, and contributed to making Meridian a premier place to live, work, and raise a family; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City gratefully accepts and appreciates the donations and spirit of partnership extended by Republic Services to date, and acknowledges Republic Services' commitment to continuing to perform under the terms and conditions of the Franchise Agreement provide the donated services and programs listed in Exhibit A hereto. Section 2. That the City shall direct any future notice under the Franchise Agreement to: Republic Services of Idaho 11101 W Executive Drive Boise, ID 83713 208-685-7753 RESOLUTION UPDATING DONATED SERVICES&PROGRAMMING-REPUBLIC SERVICES OF IDAHO PAGE I Section 3. That this Resolution shall supersede sections 2 and 3 of Resolution no. 12-844, as well as Exhibit A and the Addendum thereto. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 21 st day of November, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 21 st day of November, 2023. APPROVED: ATTEST: By: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION UPDATING DONATED SERVICES&PROGRAMMING-REPUBLIC SERVICES OF IDAHO PAGE 2 EXHIBIT A: DONATED SERVICES AND PROGRAMS Service Type Location Name Address Public Trash&Recycling Meridian Downtown Trash and Meridian Downtown Corridor Collection Service: Recycling Street Cans Trash &Recycling Service for Meridian Chamber of 215 E Franklin Rd, Meridian City Owned Facilities & Land: Commerce Meridian Water Department 2235 NW 8th St, Meridian Meridian Waste Water Plant 3401 N Ten Mile Rd, Meridian Meridian City Hall 33 E Broadway Ave, Meridian Meridian Parks Maintenance 1700 E Lanark St, Meridian Facility Meridian Community Pool 213 E Franklin Rd, Meridian Lakeview Golf Course 4200 W Talamore Blvd, #1, Meridian Meridian Homecourt 936 Taylor Ave, Ste. 104, Meridian Meridian Community Center 201 E Idaho Ave, Meridian Meridian Fire Safety Center 1901 E Leigh Field Dr, Meridian Trash&Recycling Service for All Meridian City Parks N/A City Parks: Trash &Recycling Service for All Meridian City Fire Stations N/A City Fire Stations and Police and Police Buildings Buildings: Trash &Recycling Service for Boys & Girls Club of Ada 911 N Meridian Rd, Meridian Legacy Non-Profits: County Meridian Lions Club Rodeo 6054 W Cherry Ln, Meridian Meridian Fire Dept. Salmon Kleiner Park Feed BBQ Dairy Days Storey Park and Parade Route Meridian Optimist Christmas 335 S Main St, Meridian Tree Lot RESOLUTION UPDATING DONATED SERVICES&PROGRAMMING-REPUBLIC SERVICES OF IDAHO PAGE 3 Programs: 1. Recycling Revenue Funds 2. Household Hazardous Waste Collection Program 3. Christmas Tree Collection-First full week of January after January 1 st, collect Christmas trees placed at curbside from residential households. 4. Bulky Item Collection—Residential households will receive 10 free bulky item curbside pickups per calendar year. Appliances containing FreonTM are not included in this free service. 5. Winter Extra Trash Collection—In addition to the existing collection services, during first full week after Christmas (December 30, 2024 -January 4, 2025), at no additional charge, residential households can also put out at the curb up to 5 additional trash items, such as plastic bags or trash bundles weighing less than 30 pounds each, and/personal containers no larger than 32 gallons containing small items and does not exceed 60 pounds each. This donated service expires on January 4, 2025. 6. Fall Leaf Collection-Minimum 3 weeks of curbside and drop off leaf collection intended for residential households. 7. Reports -Monthly, quarterly, and annual reports sent to the City. 8. Sharps Container Program-Free container and drop off disposal (this program is dependent on available vendor). 9. Curbside Motor Oil Collection—Collection from residential households. Limit of 2 gallons per week. 10. Collection of Illegally Discard Solid Waste - Republic Services will work with Meridian Code Enforcement to collect illegally dumped solid waste on public lands. 11. Bio-solids Hauling Special Program 12. Solid Waste Containers -Maintain quality of residential and commercial solid waste containers. 13. Solid Waste Advisory Commission- Dedicated ex officio member. RESOLUTION UPDATING DONATED SERVICES&PROGRAMMING-REPUBLIC SERVICES OF IDAHO PAGE 4