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2024-05-14 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 14, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader ABSENT Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 1. Chik-fil-A Ten Mile and Vanguard Water Main Easement (ESMT-2024-0054) 2. Jump Creek Subdivision No. 7 Sanitary Sewer and Water Main Easement (ESMT- 2024-0058) 3. Prairiefire Subdivision Water Main Easement No. 3 (ESMT-2024-0055) 4. Final Plat for Millwood Subdivision (FP-2023-0011) by Epic Development Victory, LLC., located at 1975 E. Victory Rd. 5. Final Plat for TM Center East No. 2 (FP-2024-0008) by Brighton Development, Inc., located at 700 S. Wayfinder Ave. 6. Findings of Fact, Conclusions of Law for Reveille Ridge Subdivision (H-2023-0050) by Bailey Engineering, generally located on the west side of S. Eagle Rd., approximately 1/2 mile south of E. Lake Hazel Rd. 7. Final Order for Biltmore Estates Subdivision No. 5 by Engineering Solutions, generally located at the northwest corner of S. Kentucky Way and W. Harris St. 8. Development Agreement Modification (Ultra Clean Franklin H-2023-0064) Between City of Meridian and WWOZ Boise Meridian LLC, for Property Located at 3070 E. Franklin Rd. 9. Agreement between the City of Meridian and DG Boise Chinden, LLC to Accept Payment in lieu of Streetlight Installation at 1840 West Chinden Blvd. 10. Approval of AIA A133 Construction Management Agreement for Pre-Construction Services with Kreizenbeck LLC for the Not-To-Exceed FY24 amount of $15,000.00 11. Approval of AIA B133 Design Agreement for Architecture Services for the PD Roof & RTU Replacement project with LCA Architects, Inc. for the Not-To-Exceed amount of $79,475.00.00 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PROCLAMATIONS \[Action Item\] 12. Building Safety Month Proclamation 13. World Neurofibromatosis Awareness Day 14. Public Works Week Proclamation PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 15. Public Hearing continued from April 9, 2024 for Rosalyn Subdivision (H-2023- 0056) by Givens Pursley, LLP, located at 200 E. Rosalyn Dr. Continued to July 9, 2024 Application Materials: https://bit.ly/H-2023-0056 A. Request: Annexation of a 0.014-acre of land from RUT in Ada County to the R-8 zoning district, including the remaining portion of E. Rosalyn Street cul- de-sac right-of-way. B. Request: Combined Preliminary/Final Plat consisting of 6 residential building lots and 1 common lot on 0.733 acres in the R-8 zoning district. Motion to continue to July 9, 2024 made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader FUTURE MEETING TOPICS ADJOURNMENT 7:52 PM Meridian City Council May 14, 2024. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, May 14, 2024, by Vice-President Liz Strader. Members Present: Luke Cavener, Liz Strader, John Overton, Anne Little Roberts and Doug Taylor. Members Absent: Robert Simison. ROLL-CALL ATTENDANCE _X_ Liz Strader (vacant) Anne Little Roberts X John Overton _X_ Doug Taylor _X—Luke Cavener Mayor Robert E. Simison Strader: Welcome to the City of Meridian's Regular City Council Meeting. Today is Tuesday, May 14th, 2024, at 6:00 o'clock p.m. We will begin tonight's meeting with roll call attendance. PLEDGE OF ALLEGIANCE Strader: Next up we have the Pledge of Allegiance. Please join us. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Strader: Thank you. For the community invocation I would like to welcome David Reese from the Church of Jesus Christ of Latter Day Saints. Please join us in a prayer or a moment of your own personal reflection. Reese: Our Father in Heaven, we are grateful to come before thee in prayer at the beginning of the City Council meeting tonight. We are grateful for our community, for the good people who are our friends and neighbors. We are grateful for those who spend their days in service to our community and especially our first responders and we ask thy blessings upon them and upon their families. We asked thy blessings upon those in our community who are in need and ask you to help us who are positioned to help that we may know how best to do so. We ask that thy blessings upon those who are innocent victims of the wars in Ukraine and in the Middle East and elsewhere. Pray that their suffering will be relieved and that a way to peace may be found. We ask you to bless us in this community, that we will promote friendliness and neighborliness and peace with one another. We ask thy blessings upon this proceeding this night and do so in the name of thy Savior Jesus Christ. Amen. Meridian City Council Work Session May 14,2024 Page 2 of 34 ADOPTION OF AGENDA Strader: Thank you. Okay. Next up we have the adoption of the agenda. Overton: Madam Vice-President? Strader: Yes, Councilman Overton. Overton: Seeing no changes to the agenda, I would like to move that we approve the agenda as published. Little Roberts: Second. Strader: Excellent. We have an adoption to approve the agenda and a second. All in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Chik-fil-A Ten Mile and Vanguard Water Main Easement (ESMT-2024- 0054) 2. Jump Creek Subdivision No. 7 Sanitary Sewer and Water Main Easement (ESMT-2024-0058) 3. Prairiefire Subdivision Water Main Easement No. 3 (ESMT-2024-0055) 4. Final Plat for Millwood Subdivision (FP-2023-0011) by Epic Development Victory, LLC., located at 1975 E. Victory Rd. 5. Final Plat for TM Center East No. 2 (FP-2024-0008) by Brighton Development, Inc., located at 700 S. Wayfinder Ave. 6 Findings of Fact, Conclusions of Law for Reveille Ridge Subdivision (H-2023-0050) by Bailey Engineering, generally located on the west side of S. Eagle Rd., approximately 1/2 mile south of E. Lake Hazel Rd. 7. Final Order for Biltmore Estates Subdivision No. 5 by Engineering Solutions, generally located at the northwest corner of S. Kentucky Way and W. Harris St. Meridian City Council Work Session May 14,2024 Page 3 of 34 8. Development Agreement Modification (Ultra Clean Franklin H-2023- 0064) Between City of Meridian and WWOZ Boise Meridian LLC, for Property Located at 3070 E. Franklin Rd. 9. Agreement between the City of Meridian and DG Boise Chinden, LLC to Accept Payment in lieu of Streetlight Installation at 1840 West Chinden Blvd. 10. Approval of AIA A133 Construction Management Agreement for Pre- Construction Services with Kreizenbeck LLC for the Not-To-Exceed FY24 amount of $15,000.00 11. Approval of AIA B133 Design Agreement for Architecture Services for the PD Roof & RTU Replacement project with LCA Architects, Inc. for the Not-To-Exceed amount of $79,475.00.00 Strader: Next we have the Consent Agenda. Overton: Madam Vice-President? Strader: Councilman Overton. Overton: I would like to move for approval of the Consent Agenda, with the Vice- President to sign and the City Clerk to attest. Little Roberts: Second. Strader: Excellent. We have a motion and a second to approve the Consent Agenda. All in favor signify by saying aye. Nays? The ayes have it and the Consent Agenda is approved. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] PROCLAMATIONS [Action Item] 12. Building Safety Month Proclamation Strader: All right. Next we have Proclamations. We have three proclamations, so I'm just going to let everyone know the order. Okay. First we will have the Building Safety Month Proclamation and I will recognize Director Bruce Freckleton for that. Next we have World Neurofibromatosis Awareness Day and I will recognize the Shannon McNall. And, then, finally we will have the Public Works Week Proclamation and I will recognize Director Laurelei McVey. Okay. First up is the Building Safety Month Proclamation. Director Freckleton and Brett Caulder, if you could join me at the podium. Okay. Better Meridian City Council Work Session May 14,2024 Page 4 of 34 the higher up. There we go. Thank you. Whereas Mission Possible, the theme for Building Safety Month 2024, encourages us all to raise awareness about building safety on a personal, local and global scale and whereas each year, in observance of Building Safety Month, people from Meridian and all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property and whereas building safety and fire prevention officials, architects, engineers, builders, trades people, design professionals, laborers, plumbers and others in the construction industry are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the built environment to create and implement the highest quality codes and whereas modern building codes include safeguards to protect the public from natural hazards such as snowstorms, wildland fires, floods and earthquakes and whereas the City of Meridian is committed to recognizing that our growth and our strength depends on the safety and essential role our homes, buildings and infrastructure play both in everyday life and when disaster strikes. Therefore, I, Liz Strader, on behalf of Mayor Robert E. Simison, proclaim this week of May 2024 as -- actually this month of May 2024 as Building Safety Month in the City of Meridian and encourage all citizens to join us as we participate in Building Safety Month activities and recognize those that helped to strengthen our community and to protect us in the buildings where we live, work and raise our families. Fantastic. I think we all can intuitively understand that building safety is critical for all of us. I would like to recognize Brett Caulder to make a few remarks. Caulder: Thank you for recognizing this. It gives us a platform internationally and nationally. This has been an ongoing platform through the International Code Council, which is our adopting body for codes and building standards for 43 years and I appreciate the opportunity and the support from Council in this, because we are kind of the -- in-the-shadows heroes in the sense of building, safe buildings and expectation for longevity and for sustainability. So, again, thank you for your support. Strader: If you would like to join me for a quick picture with the proclamation and I would like to congratulate you again. (Picture taken.) 13. World Neurofibromatosis Awareness Day Strader: Okay. Great. Thank you. And I realize Council may have comments, so I think we will save them for the end of all three proclamations, if that's okay, for the sake of efficiency. I would like to recognize Shannon McNall and your team. Come on up. Fantastic. Thank you. We will go ahead and read the proclamation. Whereas Neurofibromatosis, NF, causes tumors to grow on nerves throughout the body, which can affect the development of the brain, cardiovascular system, bones and skin and affects all populations equally regardless of race, ethnicity or gender and whereas the Meridian City Council Work Session May 14,2024 Page 5 of 34 Children's Tumor Foundation leads efforts to promote and financially sponsor world class medical research aimed at finding effective treatments and ultimately a cure for NF and whereas patient and family support is provided by the Children's Tumor Foundation through its information resources, youth programs and local chapter activities and whereas much remains to be done in raising public awareness of NF to help promote early diagnosis, proper management and treatment, prevention of complications and support for research and whereas the Children's Tumor Foundation is observing May 17, 2024, as World Neurofibromatosis Awareness Day to educate the public about this rare genetic disorder. Therefore, I, Liz Strader, on behalf of Mayor Robert E. Simison, hereby proclaim May 17th, 2024, as World NF Awareness Day in the City of Meridian and encourage all citizens and community members to become informed and involved in the fight, so we can imagine a world without NF. Thank you. Shannon, would you like to come and make some remarks? McNall: Thank you guys and the Council for recognizing World NF Awareness Day. I am a person affected with NF and if you are affected, please, raise your hand. That's my son Carson. NF is -- is a rare disorder that really has no cure and only one real effective treatment that they found so far. So, the Children's Tumor Foundation's mission is to really reach out and raise awareness and raise research for a disorder that causes tumors anywhere on the nervous system and really make a difference in our communities and it starts with -- it starts with things like this. It starts with awareness like this. So, we just really want to thank the Council. Thank you guys. Strader: Thank you. Thank you for raising awareness about this important issue and let's go ahead we can take a quick picture with the whole group if you would like. (Picture taken) 14. Public Works Week Proclamation Strader: Great. Thank you. And, finally, I would like to welcome Director Laurelei McVey to the podium for our Proclamation for Meridian Public Works Week. Whereas City of Meridian residents have peace of mind with every faucet turned on, shower taken and toilet flushed, thanks to the professional employees of the Meridian Public Works team and whereas each often unseen essential worker, engineer, inspector, operator, technician is committed to protecting our health, safety, environment and quality of life through the 24/7 supply and distribution of clean, safe water, efficient collection and treatment of wastewater and management of solid waste and whereas the Meridian Public Works Department educates the community about the work they do through informative and engaging public outreach and whereas advancing the quality of life for all is the theme for the 2024 National Public Works Week and it represents the often unseen, steadfast and heroic efforts put forth by the Public Works professionals across North America. Therefore, 1, Liz Strader, on behalf of Robert E. Simison, proclaim the week of May 19th to 25th, 2024, as Meridian Public Works Week in the City of Meridian and call upon all citizens and civic organizations to acquaint themselves Meridian City Council Work Session May 14,2024 Page 6 of 34 with and to recognize the substantial contributions which Public Works employees make every day to our health, safety, comfort and quality of life. Laurelei. Thank you. McVey: Well, thank you so much. This is more people than ever come to the Public Works Proclamation, so I will take that as a win. We really appreciate the support and recognition, like Bruce and his team, I call the, you know, Public Works employees heroes of the underground. So, it's services that every single resident of the city uses every single day and it takes a lot of work to make both our water and wastewater work every single day without fail and that trust that the community puts in us for that essential service is so important. So, I would also like to thank the Council and Mayor for their continued support. It takes a lot of resources to make this happen and they continue to support us to meet these requirements and support our staff in those efforts. So, I would also like to invite everybody to the Public Works Week Expo. It's next week on Wednesday from 4:00 to 7:00 out in front of City Hall. It's a really fun family event where we bring out all of our big equipment, all of our employees put on little demonstrations and booths and it's free and a great event if you are interested in learning more about Public Works. (Picture taken.) Strader: Okay. Little Roberts: Madam Vice-President? Strader: Council Woman Little Roberts. Little Roberts: Madam Vice-President, I would just like to acknowledge everything that goes behind these proclamations. Anybody that knows me knows there is two things that are near and dear to my heart, among many other things, but our team, which we have mentioned two, with Building Safety and Public Works, I mean our teams are just amazing and we wouldn't be able to do these without those of you that work so hard and so diligently and love our city and my other passion is nonprofits and so thank you so much for the work that you do near and dear to your heart, because without people like you all going out and educating the rest of us we wouldn't know about things like this and be able to support research and those that are looking to find a cure. So, hope you participated in Idaho Gives this year. If not, think about it for next year. But thank you all. Strader: Thank you. Taylor: Council President Strader? Strader: Councilman Taylor. Taylor: I just want to take a minute, too, and I think -- I'm not -- I'm just going to say NF, because I can't say the words, but never had heard of it before, so I really do appreciate Meridian City Council Work Session May 14,2024 Page 7 of 34 that if one person became aware and it was me, then, success. So, I'm very interested and want to look -- look into this a little bit more. But I appreciate that and also to our team, I would be remiss also if I didn't acknowledge them and as Public Works liaison and the good work that Laurelei and her team does is really fantastic. It's -- it's almost a modern miracle to see how the water gets to where it needs to go without any errors, contamination, things like that and so I just think it's really great. So, I'm glad we are recognizing their good work in this way and I do hope a lot of people come next week. I'm excited to bring my kids. Strader: Fantastic. Overton: Madam Vice-President? Strader: Councilman Overton. Overton: I will be the second one. I have never heard the term before and I have to also say NF from this point forward, but I appreciate what you brought forward for us and the rest of the city to educate us. It's -- sometimes if it wasn't for what you just did and the proclamations we would never know. Under the city departments. This has been one of the fastest growing cities for over 30 years and what continues to amaze me is with the Community Development and the Building Department is how we maintain such a high quality of safety for everything from the ground up and, then, you walk right over to Public Works and we do the exact same thing from the ground level down. I mean the fact that you can keep up with our heavy growth and keep the highest quality of standards and safety as we do it is impressive and you -- say thank you for our support, but we got to thank you guys every day for everything you do, because you are what makes our city great. We just get to stand and take the kudos for it. But your teams, your people are the ones that really do the hard work. Thank you. Strader: Thank you. Well, these were three fantastic proclamations. I want to congratulate everyone who received one and also let you know that you could stay for the whole City Council meeting, but you are not obligated to do so. Okay? So, if you have other things going on feel free. PUBLIC FORUM — Future Meeting Topics Strader: With that, Mr. Clerk, do we have anyone signed up under the Public Forum? Johnson: Madam Vice-President, we do not. ACTION ITEMS 15. Public Hearing continued from April 9, 2024 for Rosalyn Subdivision (H-2023-0056) by Givens Pursley, LLP, located at 200 E. Rosalyn Dr. Meridian City Council Work Session May 14,2024 Page 8 of 34 A. Request: Annexation of a 0.014-acre of land from RUT in Ada County to the R-8 zoning district, including the remaining portion of E. Rosalyn Street cul-de-sac right-of-way. B. Request: Combined Preliminary/Final Plat consisting of 6 residential building lots and 1 common lot on 0.733 acres in the R-8 zoning district. Strader: Okay. Great. Thank you. With that we will move on to our Action Items this evening. First up we have a public hearing continued from April 9th, 2024, for Rosalyn Subdivision, H-2023-0056 by Givens Pursley, LLP, and with that I will turn this over to Stacy for staff comments. Hersh: Good evening Madam Vice-President Strader and Members of the Council, this application was continued for Rosalyn Subdivision. The applications that are before you are for annexation and combined preliminary/final plat. Tonight the applicant is still wishing to remain with the six lots. Also staff just wanted to reiterate that the -- this is a picture of the piece of remnant area right of way that staff directed the applicant to acquire -- acquire from ACHD to -- so we could clean up our map and annex those pieces into the city, so they wouldn't be out there forever without being annexed. There were two written testimonies since the last hearing, one from Carol Sue Johnson and Brenda Violet. Concerns with the increased traffic flow and safety, overflow parking on the street and dense -- and the density proposed on the lot. Staff -- this concludes staff's presentation and I can go over anything that we need to revisit in staff's last presentation and that concludes my presentation for tonight and I stand for any questions. Strader: Great. Thank you so much. Fellow Council Members and not forgetting Council President Cavener also who is online, does anyone have any questions for staff? Okay. Great. And I would like to welcome the applicant to make some remarks for up to 15 minutes. Koeckeritz: Thank you, Council Member Strader, Members of City Council. Elizabeth Koeckeritz with Givens Pursley. 601 Bannock. With me tonight are Brett and Julie Bingham and they actually would like to present to you this evening and explain to you why they think this project -- this is the right time and the place and why this is near and dear to them and they would like to speak with you about that. Bingham: Okay. Julie Bingham. 2400 West Wapoot Drive in Meridian. We would like to thank Madam Vice-President Strader and City Council Members and staff for your time to review and hear our application tonight on our Rosalyn Subdivision project. Tonight we would like to present an overview of our project from our perspective and encapsulate into a few minutes its origin. As was stated, we are business owners in Meridian for the last 20 years. We are both lifelong Idaho residents and have lived here in Meridian for the last 24 years. We have five children, four of whom are adults now and who grew up in Meridian attending West Ada School District. So, why this project? Meridian City Council Work Session May 14,2024 Page 9 of 34 Our project began three years ago when we saw a need for our children, my mother and our community. As mentioned, four of our children are adults who are currently attending or have graduated college. They have all expressed interest in moving back to their hometown here in Meridian where they grew up. However, dreams of homeownership in Meridian have dissipated due to the lack of small home availability over the last few years. Our oldest daughter and her husband are recent college graduates and young professionals who have experienced this new reality due to the lack of small single family homes like our project. They have ended up purchasing a home in Nampa. We know that homeownership provides opportunities for people to plant roots into a community and in-fill projects of small single family homes like this development will provide opportunities for home ownership to our returning young adults and/or retiree family members. This is the why for our project. Now we would like to address the project itself, along with concerns that have been brought up from our neighbors and from City Council. We are not professional developers and we have gratefully received help from Ms. Koeckeritz along the way, but tonight we would like to speak as the owners of this property and share our first-hand experience as previous members of this neighborhood. You see, we lived in the current house on Rosalyn for two years and so we have good experience while being there. First we would like to address the position of the current house on Lot 2. There we go. The position of the house on Lot 2 and the concern of its orientation. Our reasoning for positioning this house this way was that there are five large beautiful trees on this lot. If we oriented the home on Lot 2 straight like the others we would have to sacrifice those trees. By turning it slightly we can preserve almost all of them and it squares it up with the road. In doing so it provides privacy, shade and honors the history of families who lived here and planted those trees years ago. Second, fencing is not required with our application, but we wanted to address it. Our plan is to retain the current privacy fencing that is already there to the north and the east and add additional privacy fencing to the west that is adjacent to Mrs. Larrea's property, which is currently a barbed wire and electric fence. Because fencing is not required with our application, we have not decided on interior fencing between the homes, but our intent is for the HOA of this development to maintain our yards, flowerbeds, shrubs, trees, irrigation and snow removal to ensure it is consistent among homes and is maintained to an excellent standard. Any future interior fencing proposed will comply with strict HOA. So, there were questions and concerns about the sidewalk improvements from our home to Meridian Road. It is correct that there is a small portion of the street extending to Meridian Road that does not have improved sidewalks. These two locations marked in red have not been developed and still have not required improvements. After living in this home for almost two years we did not find this to be detrimental to our experience in the neighborhood. In fact, we enjoyed walking through the neighborhood to the commercial developments that include restaurants, dry cleaning and an ice cream shop. Owners of these potential homes do not need to walk to Meridian Road, nor would they want to, because the Meridian Road is not developed with sidewalks or biking lanes. The interior neighborhood sidewalks are a perfect way to walk to your favorite ice cream shop. Fourth, we would like to address the concerns our neighbors have voiced with our project, as well as changes that we have made to address their concerns. We began our project with a proposal of seven attached units with some two story homes and emergency access coming from Meridian City Council Work Session May 14,2024 Page 10 of 34 the common drive to the east that we have legal access to. We proposed this plan, which met all requirements for zoning and safety, with the assumption of approval of annexation of the sliver of land we were granted from our ACHD hearing. At our neighborhood meeting we met with over 20 neighbors who voiced concerns about density, use of common drive to the east, two story sight lines, attached homes, parking and trash. We listened to them, took notes and, then, met with our legal counsel and city staff. We want to be good neighbors and address their concerns while still being smart about the development and the costs that will be incurred for developing. We landed on the proposal that you see before you. We believe that this proposal is the best fit for the parcel, while also addressing concerns from our neighbors, those being going from the seven smaller lots with attached homes to six bigger lots with detached homes like the rest of the neighborhood. We are now utilizing a hammerhead that provides emergency access for our project, negating the need to use the common drive to the east, of which we have legal access to. We have reduced home sizes to be within 1,300 to 1,600 square feet. This reduction inherently reduces the amount of people who reside in each home and is consistent with the homes of the neighboring neighborhood. We reduced homes from two story to single level or story and a half to maintain a less visible presence. We have addressed trash services and confirmed with sanitation department that they will be able to collect trash bins from inside the hammerhead, alleviating multiple bins lining the road on Rosalyn. We also confirmed with the post office regarding a central mail collection box, which they require now. They chose a location at the top of the hammerhead, because it is convenient and meets their regulations for forward motion of their vehicles. They also said the common drive provides them safety and protection from the main road where they are stepping out of their vehicle to deliver mail. Parking for each of these homes has a two car garage and a two car parking pad. We feel that the size of these homes is suited for young professionals or retirees and that the concern for parking for more than two drivers will not be an issue. We know the concern City Council has regarding the overcrowding of the schools in which this project lies. We have lived within these exact school boundaries for many years with school aged children and know firsthand the challenges our schools face. However, we feel that the impact of the proposed smaller homes also limits the impact of school aged children to the schools. Brett would now like to address the concerns about density and annexation. B. Bingham: So, I'm Brett Bingham. I'm a veterinarian here in Meridian. I was actually working the late shift last time, so that's why I could not be here. So, I appreciate you recording these proceedings, so that we can watch and hear your concerns. That's very helpful. You, obviously, care a lot about our community, which means a lot to me. This project has meaning for me for a couple of reasons. One, Julie addressed the personal reasons, but also professional. As a veterinarian I own -- we own four veterinary hospitals here in the Treasure Valley, two here in Meridian. We employ over 105 team members. One of the biggest challenges we have for our team members is finding available homes for them to live in. So, this is significant to us, not only for personal but professional reason as well. Then we have a lot of friends who are business owners in this area who have the same concerns and frustrations as we do. I want to share a quick history about our neighborhood, so that you can see where we are coming from. Meridian City Council Work Session May 14,2024 Page 11 of 34 The slides will be above. In this picture from 1992 you can see the original cul-de-sac, which is part of our application for annexation. You can also see the original four homes. In May of 2005 another home was added onto the cul-de-sac. In October 2006 -- 2006 the cul-de-sac was replaced with a through street Rosalyn Drive, to the new Larkspur neighborhood. In 2010 the neighborhood continued to be developed and one of the original lots was divided in half. This is what it looks like today. The original lots to the south are highlighted in yellow here. In listening to the previous meeting, a slide was shared showing the four largest original lots implying that our project -- project was out of character with the density of the neighborhood. As I have shown you, these four lots were part of the original home sites and thus are the largest lots in the entire neighborhood. They are, in fact, out of character with the neighborhood and not the standard. For comparison I would like to show a bigger picture regarding density of the rest of the neighborhood. You can see from this map that there are 108 other homes surrounding our development. If we remove the four -- or if we remove the original home sites, the average lot density is .124 acres, which is within that red square. The average density within our development is .122 acres per lot. So, that's a difference of 87 square feet. So, our development is in alignment and consistent with the surrounding neighborhood. Another question that came up was that of annexation. Could this project be viable without the annexed portion? We had our designer map out the lot lines with this scenario. This is what the application would look like without annexation. There is enough room for six lots that meet all R-8 zoning standards. However, we feel that our current development provides better lot lines for adjoining development and it cleans up city and ACHD lines by annexing this into the city. Another concern was the common drive. As you can see, the three homes on the east in green are served by a common drive outlined in red, showing that our project is not unique -- unique in this regard either. When we lived in Rosalyn we observed -- when we lived in the Rosalyn house we observed how the common drive to the east serves these homes very well and parking was never an issue. Our development will comply by the same parking standards. A few other benefits of our common drive are the three homes in the back are in a quiet and private location off the main road, which is a desirable feature for many people. Our common drive is larger than the one to the east and provides a turnaround option. Not only is it more functional and safe for homeowners, but it also provides an interior collection for trash and postal service. This picture shows the common drive is wide enough for cars passing each other. It's not like we see vehicles being passed -- or being parked in the -- in the common drive. We have counseled with city staff, our engineer, architect, to make this common drive very functional and safe. It is compliant with all emergency service requirements. Our intent is and always has been to develop a project with quality homes that we are proud of and they add value to our community. We listened to the concerns of our neighbors and city staff and adjusted our plans, even when our original proposal complied with all requirements. We hope that you can see our vision and why we have submitted this proposal. Having lived in this area for the last 24 years we have seen the changes our city has gone through and we understand the project can cause unsettling feelings for our neighbors, but we feel like this is the best thing for our community, for our neighbors for the future, for our children, retirees. It's a good opportunity to use this in-fill land and improve our community. Thank you. We will stand for any questions. Meridian City Council Work Session May 14,2024 Page 12 of 34 Strader: Thank you, Brett and Julie. Council Members, do you have any questions for the applicant? Taylor: Council Woman Strader? Strader: Councilman Taylor. Taylor: Thank you. Thanks for coming back and the -- to add a detail to some of your presentation. One question I have been wondering about -- and, first off, I -- there is a lot I like about it. I agree with you, the type of housing is -- is needed and I think that's -- I like a lot of what I'm seeing, but a couple of questions. You took into consideration concerns of the neighbors and tried to accommodate them. You took into account some of the concerns of Planning and Zoning. When we had the hearing before City Council we kind of -- you know, some of us shared some concerns and -- about it. I didn't see any effort to kind of maybe meet us part way with some of the concerns we outlined. I'm just wondering, you know, why that's the case. And I -- you know, some of the response you provided was, you know, a little bit more information, but I didn't -- I didn't -- I thought -- we kind of did the continuance of the hearing in an effort to sort of see if we could address some of the concerns that we brought up, but I didn't -- I didn't see that from you. So, I just wanted to ask you, you know, some of your thinking along those lines. Strader: Go ahead. B.Bingham: We feel like we addressed a lot of those -- or sorry, Councilman Taylor. We -- we feel like we addressed a lot of the concerns initially when we met with him and Julie addressed that, you know, we -- it was originally seven homes with attached and that would be atypical for the neighborhood. I can see their concerns and so we feel like we have already complain -- complied with a lot of the concerns that were brought before us and -- so, financially speaking, it will be very hard to do this with -- I mean the only -- the only other alternative is to do fewer lots and it's not -- it just won't work. I mean financially it won't work. It just costs too much for development. So, bottom line if -- if this is not approved it will stay an old home on three quarters of an acre that's not developable. That's really why we haven't been able to make any more changes and I think we have already done as much as we can. Taylor: Follow up if I may. Strader: Councilman Taylor, go ahead. Taylor: So, the -- the one area that I was -- that I highlighted that I was troubled with a little bit was the -- the access with this hammerhead and looking at your site designs it looks like that access road into it is 20 feet wide and just -- yeah. So, it's 20 feet wide coming in from East Rosalyn Drive. You know, the average car is six feet'ish wide. Your fire trucks, your garbage trucks, those are eight to ten feet wide. Now, I know it's not designed to have parking there and I know there will be some signs posted, but it's a Meridian City Council Work Session May 14,2024 Page 13 of 34 really dense development. I agree, the lot sizes match what's around -- I don't have -- I don't have any concerns with that. But I look at that and I -- you know, I brought that up last time and -- and we discussed that with the Fire Department as -- that is a big concern that they have to have the access to those three in the back. So, to that end I -- I am still -- I'm not sure how I'm going to vote tonight on this, but I am concerned about that, because it is a pretty narrow access point. While it sounds like it still checks all the boxes, I'm still concerned about some kinds of incidences or not having that access with that. So, just kind of bring it up and just whatever -- you know, whatever you can share with that. But that still remains a concern for me. Strader: Are we -- Elizabeth, would you like to be recognized to answer the -- go ahead. Koeckeritz: Council Member Strader, Council Member Taylor, yes, the fire code -- it does meet all of the city requirements and all of the International Fire Code requirements and so that's why that width and size and distance was landed on. It has been reviewed and it has been approved as it meets them all. Strader: Let me interject for a second. I think there is kind of a concern -- not only a safety concern, but there is a concern around parking; right? It's throughout the staff report. We know that people use their garages for storage. We know that a lot of households in Meridian have more than two vehicles. I was kind of hoping -- actually, think -- did we have someone from the Fire Department online? Is it Joe Bongiorno? If you are on, I would love for you to provide some commentary from the Fire Department on your level of comfort here. Bongiorno: We have similar lists throughout the city and I always express my concerns with them, because when it's a little tight knit neighborhood like this it turns into -- that's the RV parking spot. That's the boat parking spot. And people feel that, oh, well, it's -- it's -- it's in front of my house, so I can park there. It's safe. So, it's a problem for us. Unless you have something in your CC&Rs or in your governance that -- I recommend towing. If someone is parked on that blue section they get towed, because that's how much of a problem I feel they are. So, we have this all over the city. It can be done right, but, like everybody says -- you mentioned to yourself that people don't use their garages to put cars in anymore. That's their storage units and, you know, I had two high school girls and we had four cars and so if your garage is full of stuff where are the other two cars going to go? There is no guest parking in here. So, now you have six houses with Christmas, Easter -- pick a holiday, there is no way for people to park. They are automatically going to park in that blue spot. And, then, if we get called when their kitchen fryer catches fire, it's going to be a problem. So, yes, it does meet the fire code, but it's not the best solution for this scenario. Strader: Okay. Thank you, Deputy Chief. And, then, Councilman -- Council President Cavener, I saw you unmute yourself. I just wanted to check if you had a question or a comment. Cavener: No. Thank you, Council Vice-President Strader. Meridian City Council Work Session May 14,2024 Page 14 of 34 Strader: Can you --just a little bit hard to hear. Cavener: Sure can. It is that better? Strader: A little bit, yes. Cavener: This is -- this is a great compliment when people say they can't hear me. I'm loving this. I don't have any questions. My fellow Council Members have asked and the applicant has addressed them. I just -- I want to commend the Binghams for really coming this evening tonight and presenting their application on their own. Oftentimes we will get an applicant that will send somebody for a continuance to give them an opportunity take another crack. Sometimes it changes and I appreciate at least this evening that you came back and said, hey, we are -- you don't want to make any changes. We are going to keep our project as we envisioned it based on -- on the feedback and for you to come and do that as individuals is to be commended. So, I just I want to thank you for -- for coming and doing that this evening. Strader: Thank you. Okay. Do we have any other questions for the applicant? Okay. Thank you. All right. This is a public hearing. First I would like to check -- are there any HOA leaders in the room that are speaking on behalf of a group? Uh-huh. You are recognized for up to ten minutes. Come on up. Please remember to state your name and address for the record, please. Freeze: My name is Ken Freeze. I live at 195 East Rosalyn Drive and I'm here speaking on behalf on the San Gorgonio HOA. I see that they didn't change after a number of changes were asked for. The development -- as I said in my last presentation -- it's not -- I don't feel it's within the future land use. It's out -- it is out of character and I will show you how. Too many units and common driveway it just makes it unsafe. I'm not going to dwell too much on the Comprehensive Plan, except, you know, I think it's a real shame that there is this plan out there that seems to be stifled and -- and road blocked, because of legacy rules and zoning and whatnot. I -- I don't know what can be done about that in the future. But it seems a real shame that there is this beautiful plan for what Meridian could be and should be that seems to be blocked at every turn. This is what the Comprehensive Plan shows for this area and you can see that this lot's right in the middle of it. These lots right now -- currently we fall within what the Comprehensive Plan calls for, which is R-2. So, this is their plan. They have shown it to you a lot. I want to say one thing though. If you look at the common driveway that's to the east that's for the other HOA. In the event of a fire fire trucks wouldn't even need to use that road -- that common driveway, because there is complete access from the road on the other side. So, that's very different than what we have with the other three units in -- in their plan and their plan, if that road is blocked fire units can't get to it or they are going to have to drag some hoses off an awful long ways. An EMT unit wouldn't be able to get to it either. Something else I noticed was that a couple of the Council Members last time were doing a little bit of math and thought that the density was denser than eight per -- per acre and I added up some numbers and some -- some of the numbers don't add up. I came up with a difference of 21 square feet, Now, Meridian City Council Work Session May 14,2024 Page 15 of 34 granted, it's just 21 square feet. It's 21 square feet in their favor. But have to wonder where else are the numbers wrong on this plat, especially when they are wrong in their favor. So, this is the neighborhood. This is the street. All these lots currently are over 5,000 and most are over 6,000 square feet with the ones directly across the street just under 12,000 feet to 16,000 square feet. That's the neighborhood. They can show you homes all over the place. Show you how dense they are. But I'm talking about the immediate area. I found it very interesting, based on the comments from the last meeting, that the April 9th plat was the same plat tonight. Didn't make any effort to make any changes. In fact, when they were showing the -- the elevations they still had cars parked in the driveway. So, at the 9th -- on the 9th Council Member Cavener, our role as a Council is to listen to both sides, look at the map, look at the zoning and see what's in -- see what's entitled and make a decision about what's best for our community. Council Woman Strader -- Council Member Strader talking about the current zoning, you said it's been a long time and we have changed that -- the direction that we are going as a city. I don't feel that this is an appropriate transition for the neighborhood. Councilman Overton. I cannot in good conscience approve a development that's going to be R-8 that's going to be driving through low density residential roads out to Meridian Road. Three or even four of that is as much as I would ever give a yes vote for on this project. Councilman Taylor is talking about the hammerhead. Common driveway. The public safety component of this really does concern me, which he echoed again tonight. And Council Woman Roberts comments: don't feel in this case it's the best fit after what's around it, especially five acres, but it doesn't seem like it's going to change any -- anytime soon. I hope you come back with something that works for everyone. I think that we would like to see that. And, then, our representative from the Fire Department whose last name I won't try to butcher, because I'm sure I would -- he echoed again tonight about the parking. Hey, that's where I'm going to park my boat. Says it's always been a concern. Hammerheads, common driveways are always a problem. I don't like them, because they turn into parking places. Which he echoed again tonight. I presented this last time. You know, cutting this project from six homes to three homes is not going to have any effect on the housing market in Meridian. You all have seen all the homes that are being built. Even if this were to be six homes, it's like adding a drop of water to a swimming pool. It's not going to have that much effect on the housing market, if any at all. It would fit very nicely in the neighborhood as it sits right now. This would be in character. But I did go a step further. I went -- tried to put in four homes. Now, I would hope that their architectural firm could do a better job at squeezing the four homes than I did, but I was able to do it, so I would think they would be able to do it. This -- all the homes still have street access for emergency vehicles. Maybe a bit less attractive, but it's closer to the Meridian's own comprehensive plan for in future use land use and you can see this is how it would fit on the street. There will be better trash and mail pickup room off street for any parking when the residents there decided to have a party. Plenty of parking. The HOA is not against developing. I just -- I just showed you two different examples that the HOA would definitely support. Six homes are just wrong for this. There is much safer ways to develop this property fewer homes that fit into the surrounding neighborhood. We ask that the request to annex the .014 acres of land be rejected until suitable plans are presented to the Council. Got some closing thoughts for you. I work Meridian City Council Work Session May 14,2024 Page 16 of 34 with a guy -- he had been -- he was a Coast Guard officer. He was a commander. His name was Jack Hardin and he had been an investigator on the NTSB and we were talking about accidents and he made a statement that I didn't understand. He said there is no such thing as human error, just poor designs that allow errors to be made. This hammerhead in virtually any common driveway are poor designs and shouldn't be allowed in the city. The design needlessly puts lives at risk. Thank you. Strader: Thank you, Mr. Freeze. Council, do you have any questions? Cavener: Council Vice-President Strader? Strader: Council President Cavener. Cavener: Thank you, Mr. Freeze. Always appreciate your presentation. I hope your HOA gives you like a plate of cookies or something. That was a well put together presentation. Just -- just one question for you to kind of get where you need and your homeowners association stands to the annexation point that you -- you are recommending that we deny. Should the Council take up your recommendation and deny that annexation, the applicant still has some current entitled rights and they feel that they could move forth and develop six homes as presented. I think I asked you this question last time you were before us, but taking all that into consideration do you still feel that the Council should deny that small annexation request that was recommended by our Planning Department? Freeze: Yes. I think it should be denied until they present a plan that is suitable to the Council. You mentioned about the right to develop it and I agree they have a right to develop it. However, zoning rules and laws and all these things, they can never be a hundred percent a hundred percent of the time. That's why something like all these come before the Council, because it needs to be looked at by people and people need to look and see what will work, what's safe and what's the best for the people who are going to buy these homes. If -- if all you had to do was go by the zoning rules or laws, then, you wouldn't even need to bring it before the Council. You just have it go through planning, planning looks at it, legal looks at it and it gets stamped and it gets built. That's not the way things are done in America and that's why something like a plan like this comes before a council to make a final decision, so that -- so that real people can do the weights and balances and figure out what is really the best in spite of what maybe all the codes and having all the T's crossed and all the I's dotted properly. Thank you. Little Roberts: Madam Vice-President? Strader: Council Woman Little Roberts. Little Roberts: Mr. Freeze, thank you so much for your presentation. I'm not as familiar with that area as I should be, so when you named your HOA I did not know where it is in relation to the property. Meridian City Council Work Session May 14,2024 Page 17 of 34 Freeze: It is the three houses that are right to the east that adjoin this property. Little Roberts: Okay. Freeze: In fact, had at one time been part of that property. Little Roberts: Okay. Freeze: And when it was -- it was basically subdivided, the person that I talked to that had owned that he was going to build a home there and decided it was going to be too expensive, so that he thought it was only going to be one home built. All the neighbors had -- were told there was only going to be one home. Next thing they know -- nobody attended any of the meetings and the next thing you know three foundations are going in. Shock to everybody. So, that's one of the reasons I'm at this meeting. Strader: Thank you, Mr. Freeze. Are there any further questions? Okay. Thank you so much. Freeze: Thank you. Strader: Are there any members of the public who would like to testify? Please go ahead and raise your hand if you are here in the room. Okay. Sir, with the white shirt. Come on up. Please remember to state your name and address for the record. You are recognized for three minutes. Olsen: How long? I'm sorry? Strader: Three minutes. Olsen: Three minutes. Okay. My name is John Olsen. I live at 5090 West Overland Road here in Meridian and I am here in favor of the Binghams' proposal. I work actually professionally as a commercial real estate agent here in town. I was born and raised right here in Meridian. I have been here since 1981 . My mother graduated from Meridian High School. My grandfather graduated from Meridian High School and my daughter is graduating this week for Meridian High School. So, to say that I have seen a lot of development would be an understatement in this area and I have -- myself have been part of some of it. As I see it -- I ran into Brett recently and he said, hey, I have got this small development going on I'm trying to get done. I'm a veterinarian. I heal dogs for a living. Would you mind taking a look at it and seeing what you think. And so I said, sure, I would love to. I looked at it. I compared it to the, you know, Meridian development laws and kind of the Bible that we abide by in this city in terms of development and I said this looks great. I believe it should be approved. I don't really see too much of reason why it shouldn't be and he said we have gone through Planning and Zoning and reworked a few things and asked if I would be here to speak. As I see it in Meridian we have got a little bit of a problem. We talk about Meridian being a great place to live, work and raise a family and our housing costs are out of control. Quite Meridian City Council Work Session May 14,2024 Page 18 of 34 simply the opportunity to raise a family doesn't exist in Meridian if your household income isn't north of 150,000 dollars. Under current real estate prices and interest rates these homes -- I talked with Brett today, he said the goal is to land them at a price of about 425,000 with 25,000 dollars down and a seven and a half percent interest rate, which is what things are sitting, you would be looking at about a 3,000 dollar a month payment. The apartments that had been approved consistently in Meridian, most of those are right now leasing for 2,000 dollars. So, this would be a step, hopefully, from those apartments to maybe some single family homes. As I mentioned, I was born and raised here. I wanted to raise my family here and I experienced this exact same issue 25 years ago when I was married. We wanted to live in Meridian and we could afford a hundred thousand dollar house and it just wasn't there. So, we moved to Nampa. The same house in Meridian was 140,000 at that time. But, fortunately, my wife raised our five children and is raising them right now. My income increased and we were able to move back and we came back to Meridian as soon as we had the opportunity. We claim to be a family friendly community. I wonder if we really are. Strader: Can you complete your thoughts? Olsen: Yes, I will. We have these rules that are in place to protect the property owners around us and I believe that this project with the six homes and that 42,5000 dollars fit within what Meridian is trying to accomplish according to its mission. Strader: Thank you, Mr. Olsen. Olsen: Thank you. Cavener: Council, Vice-President? Strader: Councilman Cavener. Oh, please stick around if you don't mind for questions. Olsen: No problem. Yes, sir. Cavener: Just a -- just a quick question, because, again, I'm remote, so I may not be hearing you correct and I want to give you a chance to correct the record. But it certainly sounded like you insinuated that if we are opposed to this project that we somehow don't subscribe to the notion that Meridian is a family friendly community. 1, too, have lived in Meridian my entire life and certainly don't feel that way and, frankly, have never heard somebody make that type of insinuation. So, I wanted to give you a chance to see if that's truly what you were trying to state or maybe you misspoke or potentially I misheard you. Olsen: Sure. Yes. When I -- and maybe I'm a little old school, Mr. Cavener, but believe that a -- you know, a family friendly community makes it so that people can afford to live here and I'm just really truly worry that Meridian is priced -- I'm looking down at you, sorry, because I'm seeing -- Meridian City Council Work Session May 14,2024 Page 19 of 34 Cavener: That's okay. Olsen: I really am truly worried that we have kind of priced ourselves out of that. If you look at Meridian, our population is aging and most of the people that have lived here and are graduating from local high schools and local colleges simply cannot afford to live here. The first group that happened to was the north end of Boise. Second it happened in Eagle and now it's come to Meridian. If you look at the price of real estate in those areas, Meridian, in terms of -- in terms of the cost of real estate sits about third. North -- south Meridian sits third, North Meridian sits fourth and so I really worry that we are pricing ourselves -- for those that have lived here for a while it's okay, sure, but for new families coming in, yes, sir, I do believe it's an issue. Cavener: Council Vice-President, follow up? Strader: Just answering Councilman Cavener's question, just a comment. You know, the gentrification has been a part of real estate processes in many cities for years. It's unfortunate, but it is a reality and certainly our, you know, national monetary and fiscal policy has created a lot of large asset bubbles, including in real estate, and I think it is a bit of an overstep to accuse the Council of not caring about the cost of housing in our community. So, I appreciate you answering Councilman Cavener's questions. Does anyone else have a question for Mr. Olsen? Fantastic. Thank you. You can sit down. Thanks. Olsen: All right. Thanks. Strader: Madam Vice-President, if I may? Strader: Absolutely, Council -- Council Woman Little Roberts. Little Roberts: Madam Vice-President. Mr. Olsen. Olsen: Yes. You're welcome. Little Roberts: Just off the top of your head about how many homes are for sale right now in Meridian and about how many of those are at the 425,000 dollar price point or kind of in that ballpark? Olsen: I'm glad you asked. I'm glad you asked. I actually looked at it today -- and keep in mind I do mainly commercial -- commercial groups and commercial assets. But I did look today and there were currently -- at 425,000 or less homes built right -- south of the freeway I should say. I didn't look north of the freeway, but where this development is south of the freeway I looked and it was right around 40 1 believe is how many -- how many there were and that was under construction or currently on the market. Little Roberts: Thank you. Meridian City Council Work Session May 14,2024 Page 20 of 34 Olsen: Yes. Thanks. Little Roberts: You're welcome. Strader: Okay. Any -- this is a public hearing. Any other members of the audience or the public who would like to testify? Ma'am in the yellow, if you would, please, approach the podium and, please, let us know your name and address for the public record. Thank you. Larrea: Thank you. Thank you, Council. I don't know exactly the proper thing. I am Jan Larrea. I live at 100 East Rosalyn and I have been here 50 years and I have been in that house 48 years. We are in the county, so it doesn't really -- there is no -- like Councilman Overton mentioned, there is no sidewalks and gutters from that property all the way down the Meridian Road and it's the same -- you know, they came back with the same plan and I have the same concern. We maintain all the property from our fence line to the road. It's mowed, taken care of all the way up to Meridian highway. They are going to be parking there. There is just no doubt about it. They are going to be parking there. So, it's just too dense. I think they could get by with three or four houses and it would be great. I know how much they paid for the property. So, it's -- you know, how much profit they want to make, but that's not any of your concern. So, it's just wrong. It's just too many houses and too many people up and down the road and they go fast on that road, because they think nobody lives there. So, that's my concern. Any questions? Strader: Thank you, ma'am. I'm just checking if there are any questions. Okay. Looks like there are no questions. Thank you. Okay. I think there was another question the gentleman with the glasses in the back, please. Jensen: Good evening, Members of the Meridian City Council. My name is Eric Jensen. My address is 1763 Micron Lane in Meridian. I'm an Idaho native. I grew up here in Boise and I moved to Meridian shortly after my wife Mary and I started having children 20 years ago. My business is also located here in Meridian and I'm proud to say that I live, work and play in Meridian every day. I have also spent many years in the past volunteering on various Meridian city boards and committees. Through that time I have had the pleasure of watching as the city has grown into one of the best places, in my opinion, to live in the entire valley. Part of what attracted -- attracted us to Meridian back then was that it was the center of the valley, which was convenient for me in my real estate business, but also it was an area that we could afford a home here in Meridian as a young family raising our children. Today, as a real estate broker with 25 years of experience representing buyers and sellers -- sellers around the valley, I see a growing shortage of smaller, reasonably priced homes that are similar to what me and my family purchased 20 years ago. Having access to all the sales data I thought it might be beneficial to share with you some of the challenges that are facing these young professionals or retirees that may be looking for a smaller, low maintenance detached home that they can call their own. So, as of today there is only one home for sale between 1,200 and 1,700 square feet on a smaller low maintenance lot within a Meridian City Council Work Session May 14,2024 Page 21 of 34 one mile radius of the proposed development. Expanding my search to the entire area of Meridian there is only eight homes that fall within that same criteria that somebody could purchase right now. In the last year within that same one mile radius there were only 13 homes which were approximate -- there were only 13 homes were sold and these homes sold in an average of ten days, which is approximately 80 percent faster than the county average of 49 days, which to me means that there is an outsize demand for homes like the ones that are being proposed in the Rosalyn Subdivision. This location is an ideal spot for an in-fill project like this. It's an efficient -- an efficient use of the existing urban space. It reduces urban sprawl. It's got great walkability to stores, restaurants and amenities and immediate access to the freeway. It doesn't pose any additional burden on any of the infrastructure. That's already there in my opinion and -- and my understanding is that it's still well within the density guidelines for the Comprehensive Plan. For these reasons I'm in favor of approval for the proposed Rosalyn Subdivision and if there is any questions I appreciate your time. Thank you. Strader: Thank you. Okay. Are there any questions for Mr. Jensen? Okay. Thank you. Okay. Sir, in the green. Nauslar: Thank you. My name is Nick Nauslar and I live at 215 East Blue Lark Court in Meridian. I share a fence on the north side of this property and I applaud the Binghams. I said this in March at the Planning and Zoning Commission for going from seven townhomes down to six single family. I think some of that was they were never going to get seven townhomes probably approved. But they did listen to us in that sense. It's still, you know, by my math violates the R-8 zoning barely, but it does, but I know that's not exactly a hard and fast rule. But from my perspective -- I know some of the neighbors may disagree with me, but maybe five single family homes, there would be no argument from me, because it complies with the zoning, the need for, you know, smaller single family homes for someone that's moved here relatively recently the cost of homes is skyrocketing as we moved here and understand how those price points can accelerate quite quickly. So, understand the need for more homes, especially at this price point. Also understand the need of return on investment that the Binghams made and I respect that and applaud them for taking the risk and trying to do this. I just think it would be better at four to five homes, given the current zoning and just the construction -- or, excuse me, the design of what they are using in terms of the roads. My brother -- brother-in-law and cousin are both firefighters in Omaha. I have worked in wildland fire and so, you know, first responders and emergency services are always on my mind and that always gives me pause to see those sorts of designs. Thank you. Strader: Thank you. Are there any questions? Okay. Thanks. Okay. Checking if there are any other folks in the room who would like to testify. Okay. Going once. Going twice. And is there anyone online -- if you are online, please, go ahead and use the raise your hand feature on the Zoom platform to indicate if you would like to testify. Mr. Clerk, do you have anybody -- I don't see anyone online, but do you see anyone? Johnson: Madam Vice-President, anyone I don't recognize, but they are not raising their hand. Meridian City Council Work Session May 14,2024 Page 22 of 34 Strader: Okay. Again, we have a second, if you would like to raise your hand. If not -- okay. Thank you. All right. Council, do you have any questions or discussion or should we go ahead and invite the applicant to close? Little Roberts: Madam Vice-President? Strader: Council Woman Little Roberts. Little Roberts: I would like some clarification. We have had a couple of different discussions regarding the piece -- and this may come from Bill or Stacy -- that they can go ahead and build if we deny the annexation and as it is, with just kind of carving out that piece, I just wanted to make sure that that was -- we were understanding that correctly. Strader: Thank you. Mr. Nary, would be a good person to answer that in conjunction with Planning. Thank you. Nary: And, Madam Vice-President, Members of the Council, Council Member Little Roberts, the only concern I have is we had that prior discussion is that the way the plat is currently situated it is included in -- in the plat design, so they would have to redraw the plat. Now, I would concede to Stacy if they felt comfortable from Planning that if the plat were to be approved with a requirement that it have to be withdrawn without that piece, that it wouldn't significantly change the design, then, you could certainly do that. But that -- I don't know that answers your question. That's my only concern is I think the prior discussion was we would have to redraw it, because of taking that piece out of it, but I wasn't sure how much significant that piece is to the rest of the project, so -- Strader: And, Mr. Nary, can I ask a question as well? Nary: Certainly. Strader: So, with that if this -- this application and the plat were denied this evening if they wanted to proceed under the existing zoning would they need to submit a new plat? Nary: Madam Vice-President, Members of the Council, yeah, I mean -- so, if -- if the -- if the plat could not be -- could not be done without that annexed piece without making significant changes they would have to bring it back. Again, they would still need to comply with all our code and requirements, which may still look similar, but I just -- again, I -- I'm not a planner, so I couldn't tell you if that piece could simply be excised out without a significant change to the plan as it's presented. Strader: Thank you, Mr. Nary. Stacy, over to you. If that little piece were not annexed, you know, would they meet the dimensional standards? Is that something you have been able to establish or not? Meridian City Council Work Session May 14,2024 Page 23 of 34 Hersh: Madam Vice-President Strader, Members of the Council, so here is their example. But they would just have to meet the required lot sizes and the required dimensions for the -- for the lots and the homes on the lots and it looks as though they can. Strader: There is a plus and a hash tag -- well, there is a plus and a minus -- that might be doing some heavy lifting there. So, I'm not sure -- I think in the applicant's closing remarks it would be important for them to try to walk us through what the plus-minus means exactly and what the difference is exactly. Thank you. Okay. Council Woman Little Roberts. Did that answer your questions for staff? Are there any more? Little Roberts: Yes. Thank you. Strader: Okay. Fantastic. Okay. All right. Seeing no further questions for the applicant or staff at this time, I would like to go ahead and invite the applicant up for their closing remarks. I will check with the clerk. I believe you have ten minutes. Okay. Thank you. Koeckeritz: Madam Vice-President, Council Members, Elizabeth Koeckeritz with Givens Pursley. First, to address the lot sizes with the plus-minus, this was not done fully dimensioned. It was -- no one actually -- it was done as a rough sketch, but not as an actual plat to be submitted. However, in looking at it each of these lots is enough over that I think we could get there, where we could meet with the actual architect, land surveyor and lay it out. Because the minimum size is the 4,000 square feet and so these are somewhat over it. So, we do believe that we could get there. But this was just to be more of a rough -- rough showing to show that it still could work, even without the annexation. I would like to just briefly address -- Council Member Taylor, you asked why we didn't really come back with that, there really weren't any changes and the applicants here they explained to you just the hope, the -- the reason why is that they really wanted to come back and just try to give you a better understanding of why they had made the choices that they made at the time that they made them and, two, try to hope to get you to understand better why they made these changes, why they didn't want to make anymore changes and really leave it at that. But this plat, it does work. The annexation piece is at the request of the city. How it is currently laid out there would have to be a little bit of reconfiguring to make this sort of work without the annexation parcel. However, we are very confident that it could work in the future. As far as the roads go, it is a road that's been improved up to local road standards. This is not like some really small tiny road there, it is the road that was improved all of the other traffic from the remaining subdivision all behind it. They use the same road. It has been improved. It is something that is used regularly by vehicles, But as you heard most of the people go up north through the neighborhood to get to the local businesses, rather than going out onto Meridian Road, which doesn't have sidewalks at this point in time. Additionally, as far as the hammerheads go, they are approved throughout Meridian. The drive directly adjacent -- that private drive the individuals park on their driving pads or in their driveway. There haven't been any real concerns there. The other neighbors throughout the neighborhood are also able to primarily park on their driving pads. It will be signed no parking. There can be towing signs as well. And the Binghams intend to Meridian City Council Work Session May 14,2024 Page 24 of 34 maintain control and have some control over this for some time, so they will be there sort of watching these things to make sure that it really does happen. And I guess just in close, that this property is -- is zoned R-8. It has been zoned R-8 for quite some time and it does meet all of the dimensional standards for the R-8 zone, excepting those four lots, all of the rest of the lots surrounding this development are within, you know, 80, a hundred square feet of where they sit on these lots. It is absolutely congruent with the neighborhood. It meets all of your zoning standards and requirements. It meets all of Meridian's parking access lot size, all of those dimensional standards and so we do ask that it be approved this evening. Strader: Are there any final questions? Overton: Madam Mayor -- or Madam Vice-President? Strader: Council Councilman Overton. Overton: Put that in the bank. Strader: I don't know about that one. Go ahead. Overton: I have got to ask you. I have known Rosalyn since about 1977 and my first thought -- that was before it was asphalt. What improvements have been done to that road? Koeckeritz: The improvements by the house have all been done. As far as continuing out it's my understanding that it meets the ACHD minimum road requirements. Overton: For a county road. Koeckeritz: For a county -- for a county road, yes. Overton: Correct. Thank you. Strader: Thank you. Any other questions? Okay. Thank you. Stick around. Okay. Council, we have heard from the public. We have heard from the applicants. Do we have any discussion, deliberations, motions? Overton: Madam Vice-President? Strader: Councilman Overton. Overton: Where we get into discussion should we close the public hearing? If so, I move that we close the public hearing. Little Roberts: Second. Meridian City Council Work Session May 14,2024 Page 25 of 34 Strader: Okay. We have a motion and a second to close the public hearing. All those in favor, please, signify by saying aye. The ayes have it. The public hearing is closed. MOTION CARRIED: ALLAYES. Overton: Madam Vice-President? Strader: Councilman Overton. Overton: I didn't speak much before, because, basically, I spoke before and nothing really changed. We are looking at the same application that was brought before us before and my position hasn't changed. When I got on this Council one of the first things I got involved with was making sure that we don't approve a development that causes any more danger to anyone on our roadways where we can prevent it from the very beginning. Having additional cars driving on Rosalyn, which is not built to city standards, it's not a city residential street, it's a county road, and even though we are the city, I still respect those areas that are in the county, because they are all around us and I have remembered them for the last 45, 46, 47 years. I spend my time working with our transportation planners on trying to enhance the safety of our roadways and our intersections and I could never in good conscience approve this when I'm dealing with a roadway I'm adding traffic to that has no curb, gutter, sidewalks or streetlights. don't like the situation the way it is now, but I wasn't sitting on Council when those earlier decisions were made. They are there and we have to deal with them. But where my stance is is from where I sit right now. There is a need for houses this size. I run a real simple exercise when it comes to projects like this. Two pronged. It's the right project and the right place. I think there is a need for projects like this, but I think it's the wrong place and even though we are only talking about an annexation of land here tonight and the fact that you may still be able to build this regardless of what we do, cannot support the annexation tonight to build this project in this location. Strader: Okay. Thank you. Taylor: Madam Vice-President? Strader: Councilman Taylor. Taylor: So, I think the answer to my questions, why nothing changed, wasn't to just give us more information about why we were there, the real answer was because it makes sense financially. That's the only way it works. I have zero problem with that. I think that's great. I have no problem with that. I don't even have much of a concern with the density. Sympathetic to the concerns for the neighbors, but that doesn't bother me. The school issue, that's not a concern. And I -- the topic that was brought up about addressing the issue of housing and affordability I mean last week we approved hundreds of homes and we took a lot of heat for that approval and continue to do so. So, definitely you will hear me often say the solution to our housing problem is more housing, because that brings supply and demand online and that brings it down. We Meridian City Council Work Session May 14,2024 Page 26 of 34 are a little bit of a victim of our own success for having such a great community, because everybody wants to come here and I agree unless something changes in 20 years Meridian is going to be the city of older people and not younger families and that really bothers me and concerns me. So, I do constantly struggle with that. So, I do appreciate the idea of bringing some more homes on. In terms of access with the hammerhead -- again, I'm just going to repeat that. I know you can say that the HOA and the Binghams will watch it and help to kind of manage it, but this property will be here in 50 years -- in 40 years and it's going to outlast the people in this room and I think the concern is still really valid. When my Meridian Police Department says tonight we have a big problem with hammerheads, it sticks out in my mind, so I think I'm inclined to not support the application tonight, even though that probably goes against what I typically would say, because objective -- if someone is objectively meeting all the criteria we laid out, it's really hard for me to -- to not say, then, yes, let's move forward. But there is a measure of subjective analysis that we have to put into this and I'm just going to kind of echo what Councilman Overton said about this, it just doesn't seem like it's a good idea and for me it's a public safety component. I have no problem, again, with the density or any of that. I like -- I like the homes. I have been complimentary of that. But I'm bothered by that and I don't in good conscience feel like I should say that it's okay to move ahead. So, tonight I'm going to -- I'm going to be opposed to this application. Strader: Thank you. Little Roberts: Madam Vice-President? Strader: Council Woman Little Roberts. Little Roberts: Madam Vice-President, I'm definitely struggling. Gone back and forth. We have worked diligently over the years to try to get great in-fill projects and I do believe that this meets that criteria. Definitely bothers me about the hammerhead. I understand that it meets all the regulations, but when fire brings up again that doesn't feel like it's optimal as far as safety and, then, didn't realize about the road that Councilman Overton has brought up from his years of experience with police, those both concern me, but, on the other hand, I'm also -- you know, like to honor the hard work of our staff and we asked for this potential enclave to be annexed and so that weighs heavily on me, too, because we have worked diligently trying to get these enclaves annexed in. So, honestly, I am still -- I'm leaning more towards supporting the project, but there is definitely my concerns, but I think that their diligence in working with and creating an HOA and making sure that they work with the fire for whatever would remediate Fire's concerns, whether it's posted that it's towed or things like that, I think that we can work with that. So, I will be supporting the project. Strader: Okay. Thank you. Cavener: Council Vice-President. Meridian City Council Work Session May 14,2024 Page 27 of 34 Strader: Councilman -- Council President Cavener. Cavener: Thank you, Council Vice-President. Strader: Get a little closer if you can. Cavener: Sorry. I was hoping it would help, but maybe not. A quick question for -- for staff. Strader: I don't think we can hear you at all. Just a minute. Just hold on a second. Chris is going to adjust the volume. Cavener: Check one. Check two. Better? There we go. All right. Thank you, Council Vice-President Strader. A question for staff. It seems a little bit -- it sounds like at least two of my colleagues are in opposition. I remain opposed to this project. It's a -- it's a bad project. Our -- we -- we all have different philosophies about the proper role of government, but I think we all agree that health and safety and well-being of our community is what makes Meridian a family friendly community and those are going to be my biggest concerns about this project, because I don't -- I wouldn't want my kids living in this house with the challenges with the streets. I think the challenge with the hammerhead, I hope there is no emergencies that are going to be needed. We are going to have a real big challenge if this project is built. Which brings me to my question for staff. Because the applicant said they will move forward with this project regardless, are there any recommendations -- or I don't know if we can implement a development agreement or something along those lines that give greater protections for towing, emergency response -- I mean, candidly, I will just -- I will just be frank. I -- the applicant says they are -- they are Meridian people. I believe that. They said they care about our community. They care about our neighbors. That the right decision here is to withdraw this project and come back and bring something that's better. And because there has been a lot of insinuations tonight about our community, I guess I will make one, which is that if you care about our community you should withdraw the project and bring back something that's more in line with what our community desires. If you don't want to do that I think that we need staff to work with them to put added mitigations in to make this a safer project. So, that would be my question for staff, if there is anything that we can do around that. I sure hope there is, because that is the -- the best worst scenario that we could explore. Strader: Thank you. I will go to Stacy first from Planning's perspective, what guardrails could be put in place here? Hersh: Madam Vice-President Strader, President Cavener and Members of the Council, so we can add Fire's comments about no parking signs in the development agreement, but I -- Bill might have to weigh in on towing signs. I don't know that we can control putting towing signs up on the common drive. Strader: Okay. Meridian City Council Work Session May 14,2024 Page 28 of 34 Cavener: Madam Vice-President Strader, some -- maybe quick question as well on that for Fire. Could we require these homes to be sprinklered? Bongiorno: Absolutely. Strader: Okay. Bongiorno: If you guys wish that is another option you can do. Strader: I like that that's creative and might solve the issue to some extent, although I don't know the cost. Thank you. Mr. Nary, do you have anything to add from a legal perspective? Nary: So, Madam Vice-President, Members of Council, I would agree with Stacy, we can certainly require signage, because this is a driveway not a road we couldn't require towing off of that. So, there is no -- no tow requirements that we could impose on that and I don't know from -- Deputy Chief would know better to me on whether or not there is any requirement -- minimum requirements to require houses be sprinkled. I know we have had that question when dealing with access issues regarding secondary access, but I -- I'm not aware of any other project we have had of this size that we have required that, so -- Strader: Okay. Thank you, Mr. Nary. But legally is there any reason that we would not be able to require sprinklers? Nary: Madam Vice-President, I guess that's the question I don't know. We haven't talked about that previously and Deputy Chief Bongiorno and I, but I can't think of one project of this size that we have ever required it. So, I don't know what requirements might -- might be a trigger. We haven't talked about that and that hasn't been discussed throughout this project. So, I don't know. Strader: Okay. Did that answer all of your questions? Council President Cavener. Okay. Just -- just to add my thoughts. I also am opposed to this project. I don't think that this is the right project in the right place at the right time. I agree it is critical that we continue to approve housing in the City of Meridian and we are absolutely doing that, despite a lot of challenges that come with growth, but in this case I share the concern around parking and safety and I think those concerns kind of go together, as well as, you know, adding more density along a county road that does not have any of the, you know, amenities that we would expect in the City of Meridian. I think it remains to be seen and I think the neighbors probably understand this, but if this is denied this evening that doesn't mean that this project might not happen, it could -- it's possible that it will still move forward. I think it remains to be seen and it's a question about whether, in fact, they will be able to meet the city's requirements, you know, with six lots and not that little annexed piece. I don't know. I don't think we received a direct answer to that question. A probably was the answer. So, you know, we will have to see on that. But overall I'm where Councilman Overton is in the sense that at the end of the day there is Meridian City Council Work Session May 14,2024 Page 29 of 34 a level of subjectivity and just a question of is this the right project. I don't think that this is the right project for this location at this time. So, I think it sounds like we have -- we have got -- with the exception of one person I think we have some alignment. So, I will ask the Council if there are some motions they would like to entertain at this time. Taylor: Council Vice-President Strader, just to clarify. So, obviously, I think we know where the Council's feeling is on this, but in terms of a development agreement with any additional guardrails, would that be -- would we need to have that as part of the motion tonight to instruct the staff to work on a new development agreement with the applicant on that? I'm just not clear what's required. This is, essentially, a new application. So, can you clarify, because I think there is a consensus -- obviously we are not approving this, but if we are to ask for some guardrails to be in place do we do that in the motion tonight? Strader: That's a great question. Well, I think maybe before we go to that question I would like to ask the applicant maybe one more time if they would like to withdraw their application this evening or if they would like us to go ahead and -- and vote, because I would like to give them that opportunity. Cavener: Madam Vice-President, do we need to reopen the public hearing, then, on that? Strader: My apologies. Yeah. That would require opening the public hearing again. Cavener: Madam Vice-President? Strader: Yes, Councilman Cavener. Cavener: I move that we reopen the public hearing to allow the applicant an opportunity to provide input. Strader: A second? Overton: Second. Strader: Okay. Great. Would the applicant or the applicant's representative like to approach in a second when you have a chance to -- Cavener: Madam Vice-President? Strader: Yes, Councilman Cavener. Cavener: I recognize probably a lot was thrown out at the applicant. Certainly if they need a few minutes to confer if we want to recess for a few minutes. I -- Meridian City Council Work Session May 14,2024 Page 30 of 34 Strader: That's what I was just thinking. Let's go ahead and take like a ten minute recess to give the applicant and everyone a chance to take a bio break, get a cup of water and, hopefully, we will hear from them. Thank you. (Recess: 7:33 p.m. to 7:43 p.m.) Strader: Okay. Welcome back, everyone. Go ahead and come back from our recess. And I would like to recognize the applicant. If you could, please, approach and comment on whether you are open to withdraw or you just would like to move forward this evening with a decision. Thank you. Koeckeritz: Elizabeth Koeckeritz. Givens Pursley. Madam Vice-President, City Council Members, the applicant would actually ask for one more continuance to see if there is a way to come up with a financially viable smaller lot subdivision that really meets some of your concerns without having -- that still allows the property to be annexed, which is something the city had requested to -- without having to go back through the entire reapplication neighborhood process -- neighborhood meeting process. It seems like that's what we are hearing and so that's what they would -- that is what we would ask for at this point in time. If we are unable to come up with something that works for that, then, they would intend on just withdrawing the application. Strader: Okay. Thank you for that feedback. Councilman Overton. Overton: Madam Vice-President. Strader: Yes. Overton: We need a continuance date before we move forward and close the public hearing. Johnson: I was going to defer to the applicant, Madam Vice-President. Taylor: Madam Vice-President? Strader: Councilman Taylor. Taylor: If you were to have a continuance -- four weeks, six weeks, 12 weeks, what -- what's the -- four weeks? Strader: Just some feedback. I do feel like the purpose of the continuance last time was for this very purpose and if I were putting my -- we tried to -- we always are trying to find compromises, you know, that work. If I'm putting myself in the shoes of the public I think I would have a level of frustration here around the number of continuances. So, let me mull that over for a second, too. And, then, I will check with other Council Members how they are feeling about that as well. Council President Cavener, you are speaking, Meridian City Council Work Session May 14,2024 Page 31 of 34 but we cannot hear you, so we will give you a minute to get a little closer, please. Thank you. You are on mute still. Cavener: Yeah. I was -- I was on mute. Boy, way above my technical expertise. So -- and Elizabeth had sat down. But my question would be -- Council President Strader, your feedback has -- is exactly where I am. The members of the public had been through Planning and Zoning, a couple of City Council meetings, and what -- I guess what I'm looking for is -- I don't want the members of the public to have to come to another City Council meeting to learn, then, that the applicant intends to withdraw their application and so I think some commitment from the applicant that they are either going say bring something back that is in line with the feedback that Council has provided that they have heard from the community or notice of their intent to withdraw to give the members of the HOA and our community that have been coming to these meetings to keep them informed, so that they aren't giving up yet another night to come down here only to find out that their intention is to withdraw. Strader: Thank you, Council President Cavener. I think that's some fantastic feedback for you to comment on, please. It is very frustrating for members of the public to find out something's being withdrawn right before a meeting, so -- Koeckeritz: Madam Vice-President, Council Member Cavener, that is in -- that -- I agree that is a very good point. It is strange to look down on you standing right here. But, yes, we would commit to withdrawing with adequate time to notice -- to let people know that this would not be coming forward. Strader: Uh-huh. And I have a further question. Will we be seeing an application with a reduction in density. Koeckeritz: That is the intent, if they can go back, look at it, financially make it work. Strader: I would highly encourage you to take that approach, yeah, of reducing the density significantly in order to garner an approval if possible. Thank you. Okay. Sorry. Because our -- Mr. Freeze, I will go ahead and recognize you quickly for relevant comments specific to the possibility of a continuance, please. Thank you. Freeze: Again it's Ken Freeze. 195 East Rosalyn. If they come back with a plan that has three or four homes, I can virtually guarantee the endorsement of that project from the HOA. Strader: Thank you, sir. Fantastic. Okay. And that wasn't -- it sort of related to continuance, but I think it gives us all really good feedback to go off of what some folks would like to see. Okay. Okay. So, four weeks from now. Do we have some dates from the clerk that will work? Fantastic. Okay. We are going to need to close the public hearing once again and, then, we can entertain -- oh, no. I'm sorry. We will keep the public hearing open, but I would entertain a motion for continuance at this time. Meridian City Council Work Session May 14,2024 Page 32 of 34 Overton: Madam Vice-President? Strader: Councilman Overton. Overton: The dates June 18th or June 25 for a continuance. Strader: Okay. If the applicant could go ahead and provide some feedback on those dates real quick. I'm sorry, you need to come to the microphone here a little closer for Dean and all of us to have an accurate record. Koeckeritz: What are the dates after that? I have a long-scheduled vacation under two weeks. Strader: Okay. Overton: Madam Vice-President. Strader: Yes, Councilman Overton. Overton: The date after that appears to be July 9th. Koeckeritz: July 9th works great. Strader: Okay. Thank you. Overton: Madam Vice-President, should we now close the public hearing? Strader: That would be fantastic if you would move to do that. Move to close the public hearing. Strader: Okay. Johnson: Madam Vice-President, you will keep that public hearing open for the continuance. Overton: Oh. Pardon me. Strader: Well, we made the same mistake twice. Mr. Clerk, I apologize. Councilman Overton. Overton: Madam Vice-President, I withdraw that motion to close. Strader: Withdraw accepted. Meridian City Council Work Session May 14,2024 Page 33 of 34 Overton: Make a motion to continue File No. H-2023-0056 to the hearing date of July 9th, 2024, to allow the applicant to meet with staff to see if they can come up with a suitable density level for this project before being brought back. Cavener: Second. Strader: Okay. Do I have a second? Fantastic. We have got a motion and a second to continue the public hearing to July 9th. Do we need a roll call on this? Okay. All those in favor signify by saying aye. Nays? The ayes have it and the application is continued. Thank you everyone for your patience. I know it's been a very long process, but hopefully we will get it right. Okay? MOTION CARRIED: ALLAYES. Cavener: Council Vice-President Strader. Strader: Council President Cavener. Yes. Cavener: Real quick. I apologize for being out of order. Sometimes we have an opportunity for comment before a vote. Just real quick if I may, just a quick moment of privilege. You all know how much I love City Council. You know how much I love our community. I'm fiercely defensive about our community and our Council and sometimes that passion and enthusiasm bubbles over, particularly in a hotel room in Denver, Colorado. I allowed my emotions to get the best of me this evening and I just would like to take a quick opportunity to apologize to the applicant, staff, the public and certainly you all, Council. I am always constantly trying to improve and apologies for letting my emotions get the best of me. Strader: Council President Cavener, that's very thoughtful. I think all of us have positive intentions for our community and it comes out in different ways, that passion, and including members of the audience and that's okay. I think, you know, robust discussion is fine and robust defense of City Council is fine, et cetera. So, thank you. FUTURE MEETING TOPICS. Strader: Are there any future meeting topics? Cavener: Council Vice-President Strader? Strader: Yes. Cavener: I promised folks I had a goal not to talk very much tonight. So, I apologize. Just real quick before we adjourn. I just want to take one more moment of privilege and commend our Vice-President for doing an exceptional job as being traffic cop in tonight's meeting. This was thrust upon you and you have led admirably and just Meridian City Council Work Session May 14,2024 Page 34 of 34 appreciate your great work. We are all very lucky to have you steering the ship for us tonight. Strader: Oh, that's so nice. Thank you. All right. To keep this on the rails and finish strong, okay, is there -- I will entertain a motion to adjourn. Overton: Madam Vice-President? Strader: Councilman Overton. Overton: Motion that we adjourn. Strader: Fantastic. We have a motion to adjourn. All those in favor signify by saying aye. We are adjourned. Have a great evening. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:54 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 28 / 2024 COUNCIL VICE-PRESIDENT LIZ STRADER DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Chik-fil-A Ten Mile and Vanguard Water Main Easement (ESMT-2024-0054) ADA COUNTY RECORDER Trent Tripple 2024-025820 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/15/2024 02:12 PM Project Name or Subdivision:Name: CITY OF MERIDIAN, IDAHO NO FEE Thick-fil-A Ten Mile`&Vanguard"Water Easem Water Main Easement Number: 01 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructionsichecklist for additional information. For Internal Use Only ESMT-2024-0054 Record Number: WATER MAIN EASEMENT THIS EasernentAlreernent made this 14th day of May 20 24 between DWT lnvesunent: LC,SCS Investments LLC, -_and BVB Ten Mile Crossina Annex LLC ("Grantor")and the City of Meridian,all Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and'service said pipelines from tirne to'time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration,the Grantor does hereby give, grant and Convey Unto the Grantee the right- of-way for an easement for the operation and maintenance of water inains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever: IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance,Grantee shall restore the area of the easement and adjacent property to that existent prior to undei-taking 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 ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions Within the easement area that would interfere With Grantee's use of said easement,including,but not limited to, buildings; trash enclosures, carports, sheds, fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any pant of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Page 1 _Version 0 1/0 1/2024 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 lawfiil 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:] Water Main Easement Page 2 Version 01/01/2024 GRANTOR: DWT INVESTMENTS LLC An Idaho limited liability company By: Brighton Corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO J :ss. County of Ada ) On this the&-day of_ �- in the year 2024, before me a Notary Public of said State, personally appeared Robert L.Phillips,known or identified tome to be the President of Brighton Corporation,the Manager of DWT Investments LLC,an Idaho limited liability company,the corporation that executed the instrument or the person who executed the instrument of behalf of said corporation,and acknowledged tome that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yearthis certificate firstwritten above. EN.t HAR:Numb UGHAN � J ubl State of Idaho Notary Public for Idaho on er 20181002sionpires Jun 1, 2024 My Commission Expires:_ - �a GRANTOR: SCS INVESTMENTS LLC An Idaho limited liability company BJ'4' /� 14Y Michael A Hall,President STATE OF IDAHO ) :ss. County of Ada 7 On this the day of I in the year 2024,before me a Notary Public of said State,personall S appeared Michael A.Hall,known or identified tome to be the President of SCS Invest rtlle I1txmger-of-DV%94nvestnieots-,-L-LC,the company that executed the instrument or the person who executed the instrument of 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 yearthis certificate first written above. DONNA WILSON COMMISSION#67674 Notary Public for Idaho NOTARY PUBLIC My Commission Expires: STATE OF IDAHO GRANTOR: BVB Ten Mile Crossing Annex, LLC By: BV Executive Management, Inc., An Idaho Corporation, the Manager By: ) t Richard L. Bozze •, President STATE OF IDAHO } :ss. County of Bonneville } On this the 11 day of AkQ�C►1 , in the year 2024, before me a Notary Public of said State, personally appeared Richard L. Bozzelli, known or identified to me to be the President of BV Executive Management, Inc., the Manager of BVB Ten Mile Crossing Annex, LLC,an Idaho limited liability company,who subscribed said limited liability company name to the foregoing instrument and acknowledged to me that such company as the Manager executed the same in said limited liability company name. IN WITN ESS WH EREOF, I have hereunto set my hand and affixed my official seal the day and year this certificate first written above. Avl'o a Notary Public for Idaho My Commission Expires: 0�1 10�( o PUBLIC s •0 �a�; �Ho.y20ZD••�Q``��� �OF�IV�P•���`� Document Description: This Notary Certificate is attached to page 3 of the Chick-fil-a at Ten Mile Crossing Water Main Easement Signature Page,Version 01/01/2024. GRANTEE: CITY OF MERIDIAN By mizabeth Strader, Council Vice President 5-14-2024 SF,AL Attest by Chr' Johnson Clerk 574-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 5-14-2024 (date) by Elizabeth Strader and Chris Johnson on behalf of the City of Meridian, in their capacities as Council Vice President and City Clerk, respectively. CHARLENE WAY COMMISSION No. 67390 Cha&ycWo.,qNOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 Exhibit A 10 11 15 14 NORTHWEST CORNER OF SECTION 14. T3N, R1W, B.M. (FOUND 3" BRASS CAP MONUMENT, CP&F-110073397) N S 0'33'33' W 1329.15' BASIS OF BEARING NORTH 1/16 CORNER (FOUND 3" FLAT ALUMINUM CAP MONUMENT, CP&F-201 9 01 877 9) ! I h I �Lq co I 0 C0 w Z m Q POINT OF 0 0 BEGINNING 0 N > Cu S 89'26'09" E 177.16' S 89'26'27"E 127.42' 0 0_ Z= Q w Z Cu w n 4,237 SO. FT. m w OR 0.097 ACRES a N� Q � — ih 6 N `-' N 89"26'27"W 67.42' m N M M w M o�-=�_S0*32'12"W M 3 3 Z N 89°26'27"W 13.95' u n Lt M 40.00' n Mo J I M1 - J I 00 En I PARCEL A N 89'26'27"W I 33.44' CITY OF MERIDIAN EASEMENT PER NST. / I ' N0. 2022-072452 I / WEST QUARTER CORNER OF SECTION 14, CENTER OF SECTION 14, T3N, R1W, B.M. (FOUND 2" FLAT ALUMINUM CAP FLAT ALUMINUM RMINUUMM CAP B.M. MONUMENT, CP&F-111022595) (FOUND 2" 15 14 MONUMENT, CP&F-2020-083852) 14 14 15 14 S 89'11'13" E 2656.43' — 14 14 Line Table ..�\\ Line # Length Direction NI-LAND\GENS� SG Li 14.92' S 89'26'27" E �Gj �,� �L L2 10.93' S 00'33'33" W O 4/3/24 03 9.19' S 09'48'43" W 17793 n. SHEET 1 OF 2 PUBLIC UTILITY EASEMENT TyAN B ��C�� LDA N D SM V NN G SOUTH VANGUARD WAY MERIDIAN, IDAHO SCALE 1"=50' 4/3/24 Exhibit B PUBLIC UTILITY EASEMENT DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; AND RUNNING THENCE SOUTH 0°33'33" WEST 1329.15 FEET ALONG THE SECTION LINE BEING THE BASIS OF BEARING TO THE NORTH 1/16TH CORNER OF SAID SECTION 14; THENCE SOUTH 0°33'51" WEST 678.58 FEET ALONG SAID SECTION LINE; THENCE SOUTH 89°26'09"EAST 177.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°26'27"EAST 127.42 FEET; THENCE SOUTH 0°33'33"WEST 41.98 FEET; THENCE SOUTH 89°26'27" EAST 14.92 FEET TO A POINT ON THE EASEMENT GRANTED TO THE CITY OF MERIDIAN PER INSTRUMENT NO.2022-072452; THENCE ALONG SAID EASEMENT THE FOLLOWING TWO(2)COURSES: (1) SOUTH 0°33'33"WEST 10.93 FEET;AND (2) SOUTH 9°48'43"WEST 9.19 FEET; THENCE NORTH 89°26'27"WEST 33.44 FEET; THENCE NORTH 0°33'33"EAST 41.98 FEET; THENCE NORTH 89°26'27"WEST 67.42 FEET; THENCE SOUTH 0°32'12"WEST 13.95 FEET; THENCE NORTH 89°26'27"WEST 40.00 FEET; THENCE NORTH 0°33'33"EAST 33.95 FEET TO THE POINT OF BEGINNING. CONTAINS 4.237 SQ.FT.OR 0.097 ACRES �Np,1 LANDS GEN SF� GPG c� 4/3/24 arc O w 17793 a SHEET 2 OF 2 PUBLIC UTILITY EASEMENT �� DI U O N D LANDD SURVEYING SOUTH VANGUARD WAY MERIDIAN, IDAHO 4/3/24 V IDIAN� AGENDA ITEM ITEM TOPIC: Jump Creek Subdivision No. 7 Sanitary Sewer and Water Main Easement (ESMT-2024-0058) ADA COUNTY RECORDER Trent Tripple 2024-025822 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/15/2024 02:13 PM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Jump Creek Subdivision No 7 Sanitary Sewer&Water Main Easement Number: identify this Easement by sequential number if the project contains more than one cascmcnt of this type.See instructionVchecklisPloradditional inibrmation. For Internal Use Only Record Number: ESMT-2024-0058 ARY EWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 1 4th day of May 20 24 between Open Door Rentals LLc ("Grantor")and the City ofMeridian,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 suchfacilities at any and all times. T O HAVE AND T O 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 01/01/2024 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the ollowing ifsigning in a r•epresedtative capacity, or• str-ilce thefollowing ifsigning in an individual capacity] on behalf of czar a&Aek Ur-, (name of entity on behalf of whom record was executed), in the following reptive capacity:_AAP-rvttoe/, (type of authority such as officer or trustee) Notary Stomp Below ADAIR KOLTES Notary Public- State of Idaho Commission Number 30052 Notary Signature 7� My Commission Expires 06-05-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Elizab Strader, cil Vice President 5-14-2024 j � SEAL Attest by&is Johns��""�, City Clerk 5-14-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-14-2024 (date) by Elizabeth Strader and Chris Johnson on behalf of the City of Meridian, in their capacities as Council President and City Clerk, respectively. CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 0 1/0 1/2024 Exhibit A City of Meridian Sewer and Water Easement Jump Creek Subdivision No. 7 April 25, 2024 A portion of the Southeast 1/4 of the Southeast 1/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Sections 27, 28, 33 and 34, TAN., R.1W., B.M., from which the East 1/16 corner common to said Sections 28 and 33, bears North 89016'45" West, 1317.68 feet; thence on the south boundary line of said Section 28, North 89016'45" West, 323.61 feet; thence leaving said south boundary line, North 00043'15" East, 49.00 feet to the Southeast corner of Jump Creek South Subdivision as filed in Book 126 of Plats at Pages 20280 through 20282, records of Ada County, Idaho; thence on the east boundary line of said Jump Creek South Subdivision and the east boundary line of Jump Creek Subdivision No. 6 as filed in Book 126 of Plats at Pages 20276 through 20279, records of Ada County, Idaho, the following two (2) courses and distance: North 00043'15" East, 102.35 feet; North 00033'57" East, 29.65 feet to the POINT OF BEGINNING; thence continuing on the east boundary line of said Jump Creek Subdivision No. 6, North 00033'57" East, 31.00 feet; thence leaving said east boundary line, South 89016'45" East, 10.58 feet; thence North 00055'21" East, 31.89 feet; thence South 89°04'39" East, 23.00 feet; thence South 00055'21" West, 31.81 feet; thence South 89016'45" East, 12.05 feet; thence North 85009'37" East, 16.42 feet; thence North 03048'22" West, 7.49 feet; thence North 86011'38" East, 60.78 feet; thence North 00031'08" East, 96.23 feet; thence North 89028'52" West, 29.50 feet; ONPL L ANC thence North 00031'08" East, 23.00 feet; o,X \'\GENS�S' thence South 89°28'52" East, 29.50 feet; 779 0 thence North 00031'08" East, 24.48 feet; /Zov 0 9TF O� thence North 89028'52" West, 29.50 feet; GAO O F VoP YM W D'o Page 1 of 3 thence North 00031'08" East, 23.00 feet; thence South 89028'52" East, 29.50 feet; thence North 00°31'08" East, 70.23 feet; thence North 89018'27" West, 29.53 feet; thence North 00041'33" East, 19.99 feet; thence South 89045'25" East, 29.49 feet; thence North 00°35'20" East, 98.19 feet; thence North 89028'52" West, 29.75 feet; thence North 00041'33" East, 21.34 feet to the southerly boundary line of Jump Creek Subdivision No. 1 as filed in Book 110 of Plats at Pages 15795 through 15799, records of Ada County, Idaho; thence on said southerly boundary line, South 89018'27" East, 61.55 feet; thence leaving said southerly boundary line, South 00031'08" West, 82.06 feet; thence South 89°28'52" East, 29.00 feet; thence South 00031'05" West, 27.00 feet; thence North 89028'52" West, 29.00 feet; thence South 00031'08" West, 82.88 feet; thence South 89028'52" East, 29.00 feet; thence South 00031'08" West, 22.00 feet; thence North 89028'52" West, 29.00 feet; thence South 00031'08" West, 74.11 feet; thence South 89028'52" East, 16.50 feet; thence South 00031'08" West, 23.00 feet; �NPL LAIVp ENSF thence North 89028'52" West, 16.50 feet; c� cc thence South 00031'08" West, 40.00 feet; 1J/1779 (P s#ZS�yo2�,Zo thence South 89031'46" East, 38.50 feet; cop F of YM McC , Page 2 of 3 thence South 00°31'08" West, 25.00 feet; thence North 89032'04" West, 38.50 feet; thence South 00031'08" West, 35.01 feet; thence South 85009'37" West, 60.19 feet; thence South 03025'13" East, 39.75 feet; thence South 86040'11" West, 22.00 feet; thence North 03019'50" West, 39.17 feet; thence South 85012'43" West, 25.57 feet; thence North 89016'45" West, 46.82 feet to the POINT OF BEGINNING. Containing 24,352 square feet or 0.559 acres, more or less. End of Description. \ONp,L LANp s v�GE N S� 11779 UN�y� c��0 cop 9TF OF yM MCCN Page 3 of 3 I I W. Daphne St. Jump Creek Sub. No. > 1 L27 I I L26 L25 00 N J L29 1 0 1 � I J N L23 L31 Q J a_ L21 o C J U O Y E C° L33 o w °1 m o L19 Z P.o 00 L35 N co L17 CrJ° t L15� J I J L37 L13 00 J N O L39 J L6 —' L41 N J J L9 L11 1 L43 Point of L4-L8 L10 L44 Beginning N L50 r r L45 J L49 0) 6' 1 w L47 Jump Creek ;n _ 1 South Sub. n :t N 00 O Z 1 I W. McMillan Rd. S.28 ^E1/16 994.0 7' _ 323.61' S.28 S.27 �5.3 — N89°16'45' W 1317.68' ' — _ S.33�S.34 Basis of Bearings LA v�GENS, - See Sheet 2 for Line Table O )1779 � NScale: 1"=100' NJ,9/Z. ,2c0 0 25 50 100 200 yM. McCAN`� P:\Jump Creek Sub No 7 20-484\dwg\COM Utility Ex.dwg 4/25/2024 4:51:34 PM DAHO Exhibit ibit B 20b 484 SURVEY 9955 W.EMERALD ST. City of Meridian Sewer and Water Easement Sheet No. BOISE, 3704 Jump Creek Subdivision No. 7 1 of 2 (208)846-8570 6-8570 GROUP, LLC A portion of the SE1/4 of the SE1/4 of Section 28, Dwg. Date TAN., RAW., B.M., City of Meridian, Ada County, Idaho. 4/25/2024 Line Table Line Table Line Bearing Length Line Bearing Length L1 N00'43'15"E 49.00' L26 N00'41'33"E 21.34' L2 N00'33'57"E 29.65' L27 S89'18'27"E 61.55' L3 N00'33'57"E 31.00' L28 S00'31'08"W 82.06' L4 S89'16'45"E 10.58, L29 S89'28'52"E 29.00' L5 N00'55'21"E 31.89' L30 S00'31'05"W 27.00' L6 S89'04'39"E 23.00' L31 N89'28'52"W 29.00' L7 S00'55'21"W 31.81' L32 S00'31'08"W 82.88' L8 S89'16'45"E 12.05' L33 S89'28'52"E 29.00' L9 N85'09'37"E 16.42' L34 S00'31'08"W 22.00' L10 NO3'48'22"W 7.49' L35 N89'28'52"W 29.00' L11 N86'11'38"E 60.78' L36 S00'31'08"W 74.11' L12 N00'31'08"E 96.23' L37 S89'28'52"E 16.50' L13 N89'28'52"W 29.50' L38 S00'31'08"W 23.00' L14 N00'31'08"E 23.00' L39 N89'28'52"W 16.50' L15 S89'28'52"E 29.50' L40 S00'31'08"W 40.00' L16 N00'31'08"E 24.48' L41 S89'31'46"E 38.50' L17 N89'28'52"W 29.50' L42 S00'31'08"W 25.00' L18 NO0'31'08"E 23.00' L43 N89'32'04"W 38.50' L19 S89'28'52"E 29.50' L44 S00'31'08"W 35.01' L20 N00'31'08"E 70.23' L45 S85'09'37"W 60.19' L21 N89'18'27"W 29.53' L46 S03'25'1YE 39.75' L22 N00'41'33"E 19.99' L47 S86'40'11"W 22.00' L23 S89'45'25"E 29.49' L48 NO3'19'50"W 39.17' L24 N00'35'20"E 98.19' L49 S85'12'43"W 25.57' L25 N89'28'52"W 29.75' L50 N89*16'45"W 46.82' `oNNt LAHp s v�GE NSF �1779y C' yM M CC PN`� P:\Jump Creek Sub No 7 20-484\dwg\C0M Utility Ex.dwg 4/25/2024 4:51:42 PM IDAHO Exhibit B 20 484 SURVEY 9955 W.EMERALD ST. City of Meridian Sewer and Water Easement Sheet No. BOI 846-8570 SE 704 (208) Jump Creek Subdivision No. 7 2 of 2 -6570 GROUP, LLC A portion of the SE1/4 of the SE1/4 of Section 28, Dwg. Dote TAN., R.1W., B.M., City of Meridian, Ada County, Idaho. 4/25/2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Prairiefire Subdivision Water Main Easement No. 3 (ESMT-2024-0055) ADA COUNTY RECORDER Trent Tripple 2024-025824 Project Name or Subdivision Name: BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/15/2024 02:13 PM PRAIRIEFIRE SUBDIVISION CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 3 Identify this Easement by sequential number if the project contains more than one easement of this type:.:See instructionslchecklilt ft nddttonal information:. For Internal Use Only ESMT-2024-0055 Record Number: RE-RECORD TO CORRECT YEAR DATE ON PAGE 1 FROM 2025-2024 WATER MAIN EASEMENT / THIS Easement Agreement made this-]4th day of_May ®20 24- between HUBBLE -HOMES LLC -("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee") WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; ; NOW,THEREFORE,inconsideration ofthe benefits to be received by the Grantor,and other good and - valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of--way for an easement for the operation and maintenance of water mains over and across the , following described property: '(SEE ATTACHED EXHIBITS A and B) i The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience ofthe Grantee,with the free right ofaccess 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 therein violation ofthis easement.THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any , _permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including,but not limited to, buildings,trash enclosures, carports, ' sheds,fences,trees,or deep-rooted shrubs.THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and, easement hereby granted shall become part of;or lie within the boundaries of any i Water Main Easement Page 1 Version 01/01/2024 " Project Name or Subdivision Name: PRAIRIEFIRE SUBDIVISION Water Main Easement Number: 3 i Identify this Easement by sequential number if the project contains more than"one . - easement of this type,See instructions/checklist ft ndtittonal information,. For Internal Use OnIY ESMT-2024-0055 / - Record Number: RE-RECORD TO CORRECT YEAR DATE ON PAGEJfROM 2025 TO 2024 i = WATER"MAIN EASEMENT 24 ..../ .... .... ... ... / THIS Easement A ement made this 14th day of. May : 24 ,,between RUBBLE i-IMES LLC , ("Grantor")and the City ofMeridian,an Idaho Municipal / P Corporation("Grantee"); ........ .. WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and ..... WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration ofthe benefits to be received by the Grantor,and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right- , of-way for an easement for the operation and maintenance of water mains over and across the following described property: ... '(SEE ATTACHED EXHIBITS A and B) i - The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience ofthe i Grantee,with the free right ofaccess 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 ofthis easement. i / . ......................... -THE GRANTOR covenants and agrees t 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 / ...... i i .......- ......... . ..... ......... . ............ � .... j Water Main Easement - " .Page 1 .:: / Version 01/01/2024 i . - , - ..i ' - . ......� .. , 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 ofall 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 141'1 j, STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me o * 3.2, date)by_Mitchell S Armuth (name of individual), [complete the following signing in a representative capacity. 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: Authorized Agent (type of authority such as officer or trustee) Notary Stamp Below (;J�,/ �l^ Notary Signat �, r My Commission Expires: PENNY SMITH COMMISSION#23655 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 02/16/2025 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN f"a-4m� 13 El beth , Council Vice President 5-14-2024 L �/ � C.Ni i illIAN'. SF,AL Attest by ris Johns�ty Clerk 5-14-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5_14_2024 (date) by Elizabeth Strader and Chris Johnson on behalf of the City of Meridian, in their capacities as Council Vice President and City Clerk,respectively. Na&ycWo-,q CHARLENE WAY �- COMMISSION No. 67390 Notary Signature 3-28-2028 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 • I DAH O 9955 W Emerald St ISGSURVEY Boise, ID 83704 GROUP EXHIBIT A Phone: (208) 846-8570 Prairiefire Subdivision City of Meridian Water Easement Boundary Description Project Number 23-218 April 1, 2024 An easement situated in the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the southeast corner of Section 31, Township 4 North, Range 1 East, Boise Meridian, which bears S00°31'11"W, 2659.04 feet from the east quarter-section corner, Thence N00°31'11"E, 1109.08 feet along the east line of the southeast quarter of the southeast quarter of Section 31; Thence N89°46'17"W, 39.00 feet to the west right-of-way line of N. Locust Grove Rd., the POINT OF BEGINNING: Thence S00°31'11"W, 20.00 feet along the west right-of-way line of N. Locust Grove Rd.; Thence N89'46'17"W, 167.76 feet; Thence N00'31'11"E, 105.43 feet; Thence N89'46'06"W, 5.00 feet; Thence 20.51 feet on a non-tangent curve to the left, having a radius of 55.00 feet, a central angle of 21°21'45", a chord bearing of N10°57'48"W, and a chord length of 20.39 feet; Thence on a non-tangent line S89°46'06"E, 29.06 feet; Thence S00°31'11"W, 105.43 feet; Thence S89'46'17"E, 147.76 feet to the POINT OF BEGINNING. The above-described easement contains 5,592 square feet, more or less. 1 34 Page 1 of 1 �i OF \0 cygEL S �y� 1/4 S.31 S.32 I I Block 1 Curve Table D Curve Length Radius Delta Chord Bearing Chord Length i S89'46'06"E C1 20.51' 55.00' 21'21'45" N10'57'48"W 20.39' 29.06' '0I E. Prairefire St. a?I � d- -a N89'46'06"W I Meridian to o o,Of 5.00' ;,)I I Fire °�.L > I t o o Station I N 0 0 of 3 i �m 0 w y � o � U � To P; p r7 Vl J O U) OmZ Z Point of Beginning S89'46'17"E 147.76' N89'46'17"W I 39.00' I S00'31'11"W — — — — — — — — — — 20.00' N89'46'17"W 167.76' I Future Prairiefire Subdivision '0I O of 0 Hp Coordinate System: I Ada County < I 1 34 N SCCIe: 1"=40' �/ T OF \ a� E. Ustick Rd. S.31 5.32 T4N MEcyAEL S'eye S.6 S.5 T3N R1 E 0 10 20 40 80 P:\Pruiriefire Subdivision 23-218\dwg\23-218 Proirefire Woter Eose.dwg 4/1/2024 12:58:12 PM IDAHO Exhibit B Job 9g55W EMERALDPrairiefire Subdivision 218 BOISE,IDAH083704 3704 Sheet No. (208)846-8570 City of Meridian Water Easement 1 GROUP, LLC Situated in the SE1 4 of the SE1 4 of Section 31, Dwg. Date TAN., RAE., B.M., City of Meridian, Ada County, Idaho. 4/1/2024 W IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Millwood Subdivision (FP-2023-0011) by Epic Development Victory, LLC., located at 1975 E. Victory Rd. STAFF REPORT C� E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 5/14/2024 legend _ 93EB 0 TO: City Council Project Location FROM: Sonya Allen,Associate Planner 208-884-5533 f" SUBJECT: Millwood Subdivision FP-2023-0011 PROPERTY LOCATION: 1975 E.Victory Rd., in the NW 1/4 of WWffl Section 29 T.3N. R.IE. (Parcel C g #S1129223095) t 1 � i kdE I. PROJECT DESCRIPTION Final plat consisting of 17 building lots and three(3)common lots on 4.11-acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant Truman Mathews,Epic Development— 1831 E. Overland Rd.,Meridian, ID 83642 B. Owner: Ted Burke,EDM Partners—2185 East 3300 South, Salt Lake City, UT 84109 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2022-0089). Although the lot configuration has changed slightly and the turnaround at the south end of the site changed from a cul-de-sac to a hammerhead,the proposed final plat depicts the same amount of building lots and a greater amount of common open space(from 0.27 to 0.55-acre)as the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C. Page 1 An emergency access license agreement(Inst. #2024-011423)was approved that grants emergency access only for the development from E. Victory Rd. across the DeChambeau property(Parcel #S 1129120742). Therefore, fire sprinklers are not required for any of the proposed units. Right-of-way for E. Springloyd St. is proposed to be dedicated to the east property line to allow for future construction of a stub street if necessary in the future; however,however,no improvements are required east of S. Tamayo Pl. at this time per the ACHD staff report(condition#2). IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 2 V. EXHIBITS A. Approved Preliminary Plat(dated: 2/10/23) Millwood Subdivision Apmcd 1/4 ofi6.NW 1/9 ot5exvau29,Towmhp 3Nmy Rye IPay R.:.e AlenAaq A�Umi9�Sd.h.. 1 L9ISC4� rvRo�A.Tfendi.%IDS'16a2 �6 li Millwood Subdivision m _ .*nxoaao acm.•ccr cy C-1 Page 3 Revised(dated: 5/3/2024) Millwood Subdivision p aor,.m Moaem. / / zs,rommmp -_�, was it I . s I OHM FFFF LIU 4t GIVIUSITE ENGINEER I �I Subdivi ion a41 y -1 C Page 4 B. Final Plat(dated: 5/3/2024) a r •, a � u gg�-�Cj - _ G 5 G G G c � 9 0 m m H W v 3 � S 8 9 & � R C � MCI u { LiNP W WE F IR m b „ 9s g' e ICI .s"�a.v -------------se ss+x�ee n' N E SPRIH[lA1V STREET s gTam IN- � $sae•se'sYr au.m- r7- WE r � �a slImoeL_Reo•"s erg Q J N V ^tl WE sv.r;.J L-_560'36'S5•W 1]5.26-_' 1 C'�']2 W n u O r ———— 3 rn <�m G ® S L ry $ --------------NW srBGT_J m L_____Rgg•.b•gE , ___ x D�A g o N - I an 0sf„ qt c I I L sao•sa'ss'w saeo•.J 1 3 C ————— — —"�1—I1� !S I ® I$ I I I x L ses_¢¢-w saea•.J i bl I L -m IST m I7c go' gmm Noy A V Page 5 C. Landscape Plan(dated: 5/l/24) LANDSCAPE REQUIREMENTS LANDSCAPE PLAN-OVERALL: STACC ROCK PLANTD F F L101—E—NA-1 LANDSCAPE MATERIALS LEGEND ---- -------- -------- F L OL TREE PROTECTION N0WS T In— L C' L ++_ L102 LANDSCAPE PLANAREA2 L F L - p o E L--—————————— —— — L100 Page 6 D. Common Driveway Exhibit(dated: 5/3/2024) f V � � a� _w 5 t �. �� g•i a s o m hh��II �9 �19 ��� g �Wj� B z, 3gag9 4a�$ a 3 MIRIII9,1111g1 2 W • V!!' '� �Z Oa4? 9d� G�egG� 'e €@884az r 9�q p e� I @ ee w I I C4 j1 I I - TT�<� r a 11 Page 7 Yy 9 1,21 JI& a� k yg 9 +EL uN -------------- FF pp� i_ s� g� - - i - - - — — - - — — — — — — — — — — - - - — — — — C 10 j AkMeO x�i V p� w a� g¢ g 4 � �a 4 Page 8 E. Open Space Exhibit (dated: 5/3/2024) a0. hFM Uhfl F 0 z V B e� IN��a��� 6 c ------- —————————————— — _ - - - - i air L LL L- t ELL � L JL _ JL _ IL IL — IL -1 ----J ' I, Page 9 F. Emergency Access Exhibit(Approved by Fire Dept.) -------- ---------- Q�5�8+9�5O'95'E E.VICTORY RWD ff� 3D.00' � II�II l Li \ ov � II Of p atiis mg � go -- ? a�rN Page 10 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-2022-0089,DA Inst. #2023-0238481. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the date of approval of the preliminary plat(by April 18,2025), or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat, signed and stamped by Eric Howard on 5/3/24, included in Section V.B, shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Update the year of platting in the situate statement. b. A perpetual ingress/egress is required for the common driveways on Lot 1,Block 1 and Lot 6,Block 2, either by a recorded easement or as a note on a recorded final plat. The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.8.Plat note#7 could be amended to include this information. 5. The landscape plan prepared by Stack Rock Group, dated 5/1/24 included in Section V.C, shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Depict landscaping(i.e. shrubs, lawn or other vegetative groundcover)within the 5- foot wide strips along the common driveways on Lot 1,Block I and Lot 6,Block 2 in accord with UDC 11-6C-3D.5. Also, depict fencing along the common driveways if proposed. b. Depict 5-foot wide landscape strips on each side of the 10-foot wide multi-use pathway on Lot 5,Block 1, landscaped per the standards listed in UDC 11-3B-12C per preliminary plat condition#3c. c. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOCS. d. Include calculations that demonstrate compliance with the pathway landscape standards listed in UDC 11-3B-12C. e. Include calculations that demonstrate compliance with the landscape standards for common open space areas listed in UDC 11-3G-5B.3. f. Include a detail for the children's play equipment proposed for the tot lot. g. Remove the perimeter fencing along the west boundary of the common lot at the southwest corner of the development where it adjoins common area in Teakwood Subdivision if the Applicant is able to coordinate with the adjacent developer to arrange no fencing on that development in the same area. h. Depict a 6-foot tall open vision fence(wrought iron) fence between the pathway and the lateral for public safety in accord with preliminary plat condition#3j. Page 11 i. Depict landscaping within the storm drainage area on Lot 1,Block 2 in accord with the standards listed in UDC 11-3B-I IC; also depict slopes less than or equal to 3:1 for accessibility and maintenance. j. Depict a minimum 5-foot wide landscaped strip between the shared property line of Lots 10& 11,Block 2 and the pathway and depict landscaping along the pathway per the standards listed in UDC 11-3B-12C. 6. The existing home proposed to remain on Lot 5, Block 2 shall connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8 per requirement of the development agreement. 7. The address for the existing home on Lot 5,Block 2 is required to change since access will no longer be provided from Victory Rd. The Applicant should coordinate the new address with the Land Development Dept. (kiohnstonkmeridiancit�org). 8. Construction traffic for the re-development of this property shall access the site via the future extension of E. Springloyd St.; access via the existing easement from E.Victory Rd. is prohibited per requirement of the development agreement. 9. The homes constructed on Lots 7-9,Block 2 shall be restricted to single story only per requirement of the development agreement. 10. The Developer shall install a"no trespassing" sign at the end of the multi-use pathway along the east boundary of the site that stubs to the DeChambeau property(parcel #S 1129120742)per requirement of the development agreement. 11. The common driveways on Lot 1, Block 1 and Lot 6, Block 2 shall comply with the standards listed in UDC 11-6C-3D and the exhibits in Section V.D. The driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment. 12. 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. 13. Access for the existing home on Lot 5,Block 2 shall be provided solely from internal local streets;the existing driveway via E.Victory Rd. shall be used solely for emergency access. 14. Submit a 14-foot wide public pedestrian easement for the multi-use pathway required along the northern portion of the eastern boundary of the site prior to City Engineer signature on the final plat. 15. The Applicant shall coordinate with the Parks Department to determine if the existing bridge can be used as a pedestrian crossing. The bridge across the Eight Mile Lateral shall be widened or a separate pedestrian bridge constructed to accommodate the 10-foot wide multi-use pathway as required by the Park's Dept.with the NMID's consent. 16. "No Parking Fire Lane" signs shall be installed per ACHD standards along the common driveways per requirement of the Fire Dept. The CC&R's shall include restrictions for parking along common driveways. 17. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works https:llweblink.meridiancioy.or lWebLink/Doc View.aspx?id=342423&dbid=0&repo=Meridi anCity&cr=1 Page 12 C. Idaho Transportation Department(ITD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=340114&dbid=0&repo=Meridi anCiN&ct--I D. Nampa Meridian Irrigation District(NMID) https://weblink.meridiancity.oty WebLink/Doc View.aspx?id=3 4212 4&db i d=0&rep o=Meridi anCi E. Department of Environmental Quality(DEQ) https://weblink.meridiancity.orzlWebLinkIDocView.aWx?id=33801 S&dbid=0&repo=Meridi anCi Page 13 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for TM Center East No. 2 (FP-2024-0008) by Brighton Development, Inc., located at 700 S. Wayfinder Ave. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT A H O DATE: 5/14/2024 ---r-,._..� _.._.- FRANKLIN TO: City Council FROM: Sonya Allen,Associate Planner ; i .. ._ 208-884-5533 00 ",C�ELEMERI W i( scnooi SUBJECT: FP-2024-0008 4 TM Center East No. 2 ------------ PROPERTY LOCATION: SEC of S. Wayfinder Ave. and W. Cobalt Dr.,in the NW 1/4 of Section 14, T.3N. R.1W. (Parcel#51214244301) � --•�'-""" I. PROJECT DESCRIPTION Final plat consisting of seven (7)building lots and one (1) common lot on 26.92 acres of land in the C-G zoning district for TM Center East No. 2. Note: The proposed final plat is actually the sixth phase of the TM Center Subdivision preliminary plat(H-2020-0074)and includes right-of-way for S. Benchmark Way and a common lot(i.e. Lot 1, Block 2) that was part of the TM Crossing Subdivision preliminary plat(PP-12-003). [Previous phases of the TM Center Subdivision preliminary plat: TM Creek No. 5 (1st phase FP-2021-0027); TM Crossing No. 5 (2nd phase FP-2021-0045); TM Frontline (3rd phase FP-2021-0047); and TM Center Sub. I (4`h phase FP-2022-0009); TM Center East No. I (5`h phase FP-2022-021).J II. APPLICANT INFORMATION A. Applicant Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—2929 W. Navigator Dr., Ste. 400, Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the associated preliminary plats(TM Center H-2020-0074&TM Crossing PP-12-003) as required by UDC 11- 6B-3C.2. The proposed final plat depicts three(3) fewer buildable lots than shown on the approved preliminary plats. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required by UDC 11-6B-3C. Page 1 Development agreement provision#5.1(11)requires a central amenity to be provided within the overall development. The Applicant states they are making plans to satisfy this requirement in the development area west of Wayfinder, south of Cobalt and east of Innovation. In the near future, they intend to share the concept plan for the central amenity with Staff in accord with the conditions. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. V. EXHIBITS A. Preliminary Plat(dated: May 29,2020) TM CENTER SUBDIVISION PRELIMINARY PLAT "ON1ry-1=T,-- A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE w.RvrvrcE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST, N`JRD DOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 s � mmrn ,M«x�rx��.rv����Lx � �11ll111 Lllll 1pl O O O O O © O O O O O cD OO ® ®max O OO © �.•�uN•. iuoexor oaawin�s _ I ® 0 :REE,xo. sREE,rnzE aE,o____ © 6 F-7 i,_ ,a xox xa, � ® .rvwr.ux O O o © O O O —N ® © © C> �R.oar ® ® ® ' xR^V'^ ���� • SURVEY CONTROL NOTES `) 6 © ter.OMw ® mwwuz�.r ucuno va worn„ea uo wmw t�""°Wr wwrrm ma»xna �� I .0 o ® O © O O " � ^• ' m�=ads.....wsw.n TMCENTER SUBDIVISION MERIDIAN,IDAHO CWE"S EET vexor[�wx[a rr rvPP 1,0 Page 2 - .��:�� �faxl�en4wrtnraw i I I I Werin -� $ .2!]E141ah 10 aE[cwsrnucll0. 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Final Plat(dated: 4/23/24) Nat of ® BDok_PaRe� TM Center East Subdivision No.2 Portions of the Northwest 1/4,West 1/2 fthe Northeast 1/4 and the Northeast 2/4 of the Southwest 1/4 of Section M. D z6o aop 6DD Township 3 North,Range 1 West,B.M.,CRV of Me rid I a n,Ada county,Idaho Plan Scales 1'.201Y 2024 W.Franklin Rd. 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OF DO 72�459T MRNU4 6 OF 61MI Wme"NO MO oL�e Sar/Rm0�x w��EON. E P m .as•s.zv - la-Page 4 Plat of e�ot rm. TM Center East Subdivision No.2 IF 21 � m I mr,Lxymin �9�_ meu' ' s- nmx WnNLmeaf �G' wclema ,� rE �may. weo'tt a ,� a w.�n am. ntvos�>;YI ce pprs mv�enurt' •_F__®mre—z_____ ____�____ wexue.Lur — I ��: u«� ,o—_��__ �_ I 1 mar uww"� xoPs..t — ---.e.W.,—— IF I IF »zL,,,l—i 'I;n 12459 New .e� ' Ltl Lkm Plat of _a TM Center East Subdivision No.2 -- ------------- Vm gg _� II III g$Ia B aY A V zxer I333� SietlMsnNn1 � II u m,eo T II �fv xLr r� X=61m= tl 3 km �tuf+e,l e.• X � t mmmx I �,. '•^, SubAvu, ny it s , m Page 5 Plat of IaoBR Pace TM Center East Subdivision No.2 NOTES OVTMOF SRIERwuu 0 ME RME OF ISEDANOEE OF�I T__PEAWT. —IN.REGVIATaNs OF lHE W.Ccbaft Dr. LINETABIE CURVE TAROFSN[_N5-xW0'AI AT TIE T I OF AI,t90N���aLE ZOIatIG 164ulglpx3 Of THE 589'IB'1]'f 4R1.]8' CJN/R ® N t 5W ULIL WE t;.aS¢ x xb ARI —DOT NRIDY.F 23-N' RRIGAnvx BwiiR HA5 DEER PFWIRE((U��((F� PS I B I ISIBE Nr r o 71 CE Ro.53' xw'Ne' I SOE'F0'E. IIFII�I�IS FTStONOITMO EiRNAMBA BE.,— l0 Li FUA'xt'SEM 9.Rt' RR61T' wS4'aA' E,-4.PwM T ?gRsl[a 1 WATfP ANB wLL BE GBLI NwPA N MERIdW IRRR`.ATgN Sa1'1.']B'C I ED, Im U Ntvaa'40M m. sa.w M'4Y13' N]T31']12 a 5T _ "Ilex R2-4503 OF TiE Ipu{o GOOE T --- -----®I U xBa31Ra'E 11.RR' 4 TSS6 a'u'Ea' Hlt'IYIeE Tam SrAFd7.ACRWULT OPORATIBN,AGRICVWRAL FMLm ERPAr9pON 1 TO F E_BE OR eN w _ A O aW VISPNCE,P 1F R PUBHC.9!NIY GYNNGW GOup110u5 OR Irt (I l'5:.2 9 cS >.Al' tl3R'x4' xEI'Cs'ssE ) BSRROVNpNL NONOF—UN.—.1 M EIPAVflpI was®F nR NUEAN4CF ATE"TIREEPOME IT EMDE IL W,1 T Ca 4 415'4]• N6TSA'S4E w.SY W�LOHSTRUClE0.TIE ERESEBUM5 BF HITS I—IN N—NOT APPLY WHEN A NUISANCE RESULTS f L' NBI'9R'S3'E rJ.9lr x,aY T essE 3 EFF.COINIIY11 EIREBEBCORMERECA. OPENATCN OF AN ACAICIaTLIML OPETIATON,AGRACLILTURAL Sa9011R•C W Ca MW 4']4'x5' S TSTS4E a9�a' MESS S N OMER�{SE.N1 LOT UNESS COMMx -OF-wAT A IC.CV K,x1RE_ENERn€NI PUEMG OF MERIOMN BTREfT LIpvS..- P[BHn NW'5]'S3'E 110.R4 'SbY -.1IEBIWION.PROPERTY IR RRrE,R�EIS ENNTI ME EMS RETE MR MEIN�No1[BrHENRESOARI�TMOSE I CTAFNAxis,cav NE, I 'Va'20'E 54w InI.]tu.SC' IWA2' Ia'�3'4 u PNC Nzrmp aT[ x3'w1v i9.w' s 1HE III OF NOT BE NERICVJJ.EWCFC W SEE,WTIIdIS PRKNi MPR f/4 Fimx 11 HGLIH aI1MORT' LIS I vAs'TO'E C13 wT,9o' 19493' xa'tS3�"s ca9'4Ww t9SdR' ], LffT I, Lou;i�1TOESNTiRx—IS A CGNLION—AND I BEBE�EED AN ANI,�IWFIF�R�TEm I uag'It'SO'W ste'CR'B]'YI 4%,21• —,COrEIUNIS,CONV1110u5. IN NOTE a HEREIN. I I L1x saP 'x'F Ct4 iBOR,Rtl S19d0' Hm IS'4aM SIT I I 3T a]' 9, TiE LOTS WmIIN F 7 CERUNN IMIMATIG sUIIOIxG AND O[CUPPNLY,ARE 3V&EGr T,T{E TAMS a4.Na F THAi CERIAIH RELUMTION OF I.'WENANSE,CGNCIRGHs,RESIRIciRMs,AND S I,f Lta w 4AT CIs OaSStl 49a ae4r4o st4xR'4a1Y 4T9,15' EASEME�ms TOiHUST 11 FIE D—I✓ 11 AE INSIRU-1 A,RGR2-L5al .OF ALA COU- a L1I R '?iw 114 Ole 4S],W I 't 3'4.1 MIB]9'w'E _1 V MAT BE AMENCEB—THE B0—1 Ix-I w' 2xe 34' SaR'IR'11M 9.1t' 9.6TaBB0u9H�Of MUMBAL POONIGS�PLN-L BE SET A NINMHM OF IxTSS ABd2 ICE HEDI Ln � IaaaR' 9zr non. �I to L1a sovw'ww 5R!B' a S6v]I' a]B' t'AS'x' IAY4R 51"E aw I R C COBPtr CR.,s WatT1NRER AVF.ANO s I I IRNw 3GMSY IT95'BR• %3'13'1VE ]9R,K' O_IOP�IBTEO fgCEA7 FAR TIOSE� FCmT,APPROVE➢sr ME Cm OF EDEDINCA✓D ADA COUNIN 1ppl•.a' x HI40'¢lM rz O m' Ir 4'w•s 'ya' I.IRIp�Easutirt io Those MMEHiTN MIS GRS.R°Es�ml°cno RE BE wvxrAINEG N THE GNM 0 RRIw zags 1sss•x1•BRR55•ww ],o m' s A14o EisENEw3s REEmnENCER w NOTE e leases rob% ulSuc VNLm c2S N0.3R' ]B'RY49'NR9'11'O]w m sa' 12 slAiC QN 5 9UBIECT TO MI ALHD IM'R F LICENSE AGREEMENT PER INGIRUNEM W xOZ_ FDA ECr N TO A VENELCPM ABREEN E uTw F 13.ME,SI]9pMaON S — ENT PER WHTRWEM Iae-RO]11.15T.OE I M9 IeO.kY ]C9d45' 959'31Yn4 AW COuxh rSCOR09,� d]9'21'x vse APw »sa' A PoRRMH6 L01 0.ttRCK 1 IS SERN,MIT CERTAIN TFIRST AMIDEDED"SSER frPRENAot 9MBI C2] w,9V a4.]a' la'99'31' sm 4 wArtn BRNN o EASEMENT PECJRRW b1 NONFaI�R 1C,xW s,Aa IxsrtvMENT Nw RA19-]8 1. OFEa O W[MPdxAlE6 HREIu BY TIRs REFERENCE AR IF SET FORM A'RT'TC• slew 3Sw ].a*' INM BU fT{E�M AE GAF RFN1ttN 0 sNRx W/.IEA BRIJNAGE SFS1Ek d Ties SECIDD Lo-!EV I AHQ ME EAgLIFNT Is C29 w AB' 11AR' I'18'AS' Sw's.'zRw I FOR TIE RPETATON Ax0 MuxSIFNANLE IF SHE SIORN MTEB OAAINAME SYSIEIA I w.lY IZIYxIw 4R,]a' 11.T{13 SLERMIDN IS 3UBI TO A IANOECME STREET EL9YER EASEMENT...TIE IANOSLAWNG CSO mI.SO S4$ TEx Na£CROSSING ANNEx,LLG.MET INWSTMENT LLG AND— WI 1RSW' 1a9.16' tprfSs' s Bza'uw IDNA] FRN�VESTIENV�11 OR ARBGNS IHEEEf sUFEFRa S.—BE MEASURED PROA BACN w CLW9 PS SET I s1R'25'MYI 1 3s. -3B-1Clq'P). I I T Wwb[CN SUB �i0 F PORv EMERGENCY ACCESS EA9E]EHT AGREEMENT PER I I INSTRUMENT - ,G lT RECA 1 1]. I 1 4 M MBE FUGUN V 1 EAASSENENT AB,MCENI 11 TIE 1 m TERN I�NE RF HC SNAPE9 uce OS""'IT(IN . )AS EEOW NEREM T M.LB 1.T AN' 9r,�Oq:I MEx gl_T T9 A J..FWT MRF PROPER1 IRRICn�BV—IDNENT A-TOE a—SHMER ACCESS EASEMENT - )AS I ! TSHHOEEE CG TNONM9 RRPNU aN OEP[TSTRICIIONI RNR FASEHEI+15 R6 ENfIDE 1.NGTE a HVERFJUNR TB a I I NPAL CAS THE AMIS Ax PIPELINE OR INIERAF E P WINISRIN ERQWCTS W t9,pIINExm ROORGxi SIN IABO FCEr Ci TiiS SUEONEIOON_ Y FIMIINISIIWTION WAE w xW R igE'zII<ee:2)-a5elax �_�•�'Iy 1BC9S; _ _______ Nµ LARRp /7 TPn Q rEast SaMB4,1,,NR.L ---------- Drat Eall"A" 9�¢a 1e*rQo ENGIN EEIING I-s7 qOk L.BAIT xRdImVFWw Z, LLI �E{n+B PWA4A39 Ar Page 6 C. Landscape Plan(dated: April 2023) Ato `� - O :d O 1 LANDSCAPE PLANE 1 oEpouausF¢ieu«riei�'xasre�pc oE+aa 2 m••.•,•,¢m�.,,v»••,"•m. •,•"•�,» 3 m,- u.o qw- yb � --g--- — ----- a m - _ STREET TREE GLCUTATIDlK(1TREE/351F) TDTpLSTREET TREES _ - MRiG0.T0NRE.EMEN - O ,®„q,,,,�, TDTpLTREES REgUIREDryROYhDED, LANDSCAPE COVER Page 7 7-7 I_ Z. i` `., -,r � fay o - y.�•w �_ M G rt 0 r NO 3, Ion c-hr,r,r""uro.1 ti- LANDSCAPE PLAN ,: ------ 84 .e - rh • w ri'ir�w �f.ww w w• ". I �ru�Y¢,w�-•O�.Si•.."R''' � f Iwtml VXE6 SEE1M1[H LNEV ���� w.n�e� �1 Ion LANDSCAPE PLAN -iaF-_ w,o Page 8 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development(TM Center H-2020-0074,DA Inst. #2021-089157; TM Crossing AZ-12- 005/PP-12-003,DA Inst. #114002254). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years(i.e. on or before February 5, 2026) of the City Engineer's signature on the previous phase final plat,or apply for a time extension, in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 4/23/24 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Note#12: Include the recorded instrument number of the ACHD landscape license agreement. b. A cross-access/ingress-egress easement shall be granted via a note on the plat or a separate recorded agreement between all non-residential lots in accord with UDC 11- 3A-3A.2 and preliminary plat condition#2j. c. Include the recorded instrument number of the Kennedy Lateral easement graphically depicted on the plat. d. Include the recorded instrument number of the ACHD permanent easement graphically depicted on the plat. e. Include the recorded instrument number of the pressure irrigation easement graphically depicted on the plat. £ Include the recorded instrument number of the public utility easement graphically depicted on the plat. g. Include the recorded instrument number of the ACHD temporary easement graphically depicted on the plat. h. Include the CP&F number graphically depicted on Sheet 1 of the plat. 5. The landscape plan prepared by KM Engineering, dated 6/17/22 included in Exhibit C, shall be revised as follows: a. Depict landscaping within the 20-foot wide street buffers along S. Wayfinder Ave., W. Cobalt Dr. and S. Benchmark Way per the standards listed in UDC 11-3B-7C.3a —all required landscape buffers along streets shall be planted with trees and shrubs, lawn or other vegetative groundcover. If an easement prohibits trees from being located within the street buffer,trees shall be depicted alongside the buffer outside of the easement. b. Modify the Street Tree Calculations table to include trees along S.Wayfinder Ave. c. Depict a bus stop with a concrete pad on S. Wayfinder Ave. as requested by Valley Regional Transit(VRT)with a shelter for weather protection in accord with Page 9 development agreement provision#5.1 6 . Pedestrian amenities such as landscaping, pedestrian and landscape lighting,benches, and trash receptacles shall be depicted consistent with the design and location of the shelter. The design of the structure should be coordinated between the City, VRT and ACHD ensuring architectural consistency with the general theme of the activity center. 6. The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement. 7. 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.meridianciiy.org,/WebLink/DocView.aspx?id=34585 8&dbid=0&repo=Meridi ARCity C. Valley Regional Transit(VRT) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=346178&dbid=0&repo=Meridi ARCity Page 10 W IDIAN� AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Reveille Ridge Subdivision (H-2023- 0050) by Bailey Engineering, generally located on the west side of S. Eagle Rd., approximately 1/2 mile south of E. Lake Hazel Rd. 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 59.97-Acres of Land with R-8 (34.69 acres) and R- 15 (25.28 acres)Zoning Districts; and Preliminary Plat Consisting of 242 Building Lots and 38 Common Lots on 59.77-Acres of Land in the R-8 and R-15 Zoning Districts for Reveille Ridge Subdivision,by Bailey Engineering. Case No(s).H-2023-0050 For the City Council Hearing Dates of. March 26,April 16, and May 7, 2024 (Findings on May 14, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 7, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 7, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 7, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 7,2024, 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 REVEILLE RIDGE SUBDIVISION-AZ,PP H-2023-0050 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 7,2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and preliminary plat is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of May 7,2024,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-713). 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 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 REVEILLE RIDGE SUBDIVISION-AZ,PP H-2023-0050 -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 § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 7,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR REVEILLE RIDGE SUBDIVISION-AZ,PP H-2023-0050 -3- By action of the City Council at its regular meeting held on the 14th day of May 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-14-2024 Attest: Chris Johnson 5-14-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-14-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR REVEILLE RIDGE SUBDIVISION-AZ,PP H-2023-0050 -4- EXHIBIT A STAFF REPORT E IDAN�-- COMMUNITY DEVELOPMENT DEPARTMENT I DIA H Q HEARING May 7,2024 Legend DATE: Continuedf rom:March 26, and April Pra-j&ol Lacafiar 16, 2024 TO: Mayor&City Council d ,5 FROM: Sonya Allen,Associate Planner ` 208-884-553310 -- SUBJECT: Reveille Ridge Subdivision—AZ,PP ---- ----- H-2023-0050 --- LOCATION: 7355 S. Eagle Rd.,in the east'/2 of Section 5,T.2N.,R.1E. (Parcels: 51405417400, 51405142100, -- i 1 S1405427800& 51405131500) I. PROJECT DESCRIPTION Annexation of 59.97 acres of land with R-8 (34.69 acres)and R-15 (25.28 acres)zoning districts; and Preliminary Plat consisting of 246 building lots and 38 common lots on 59.77 acres of land in the R-8 and R- 15 zoning districts for the Reveille Ridge Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 59.77 acres Future Land Use Designation Low Density Residential(LDR)(31+/-acres)&Medium Density Residential (MDR)(28+/-acres) Existing Land Use T Rural residential/agricultural _ Proposed Land Use(s) Single-family detached/attached&townhome dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential)&R-15 (Medium-high Density Residential) Lots(#and type;bldg/common) 246 building/38 common Phasing plan(#of phases) 4 Number of Residential Units(type 170 single-family detached, 14 single-family attached,62 townhome units of units) Density(gross&net) 4.13 units/acre overall(gross) (2.96 units/acre in LDR;5.3 units/acre in MDR) Open Space(acres,total [%]/ 11.78 acres(or 19.71%) buffer/qualified) Pagel Amenities Pathways,picnic areas,fitness stations. Physical Features(waterways, The Williams Northwest gas pipeline runs through this site within a 75'wide hazards,flood plain,hillside) easement. The Farr Lateral runs along the northern boundary on the east portion of the site. Neighborhood meeting date 6/15/23 History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Not yet • Requires ACHD No Commission Action es/no • TIS(yes/no) Yes • Level of Service(LOS) Eagle Road south of Lake Hazel Road is operating at a LOS of better than "D"according to the TIS. • Existing Conditions There is one driveway serving the existing home via S.Eagle Rd.,a 2-lane roadway • CIP/IFYWP No improvements planned directly abutting the site. Lake Hazel Rd. is scheduled in the IFYWP to be widened to 5-lanes from Locust Grove to Eagle Rd.in 2024 and to 5-lanes from Eagle to Cloverdale Rd. in 2025.The intersection of Lake Hazel&Eagle Rd.is scheduled in the IFYWP to be widened to 5-lanes on the north leg,4-lanes on the south,4-lanes on the east, and 3-lanes on the west leg to be reconstructed in 2024. Access(Arterial/Collectors/State One(1)access is proposed via S.Eagle Rd.,a residential arterial street.A Hwy/Local)(Existing and Proposed) north/south and an east/west collector street are proposed. Several stub streets are proposed to adjacent properties for future extension and interconnectivit . Proposed Road Improvements No funded improvements and no planned improvements. Fire Service • Distance to Fire Station 1.0 mile from Station 7 • Fire Response Time Project falls in an area where the FD doesn't have total response times for an effective firefighting force that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability Unknown for Station 7 as it just opened;77%for Station 4,which doesn't meet the 80%goal • Risk Identification 2(current resources would not be adequate to supply service to this project) • Accessibility Meets all requirements • Special/resource needs Will require an aerial device;can meet this need • Water Supply 1,000 gallons/minute for one hour • Other Resources Police Service No comments received School District(s) No comments received Wastewater • Distance to Sewer Services Page 2 • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Flow is committed. See Public Works Site Specific Conditions Water • Distance to Services Water available at site. • Pressure Zone 5 • Estimated Project Water ERU's I See application • Water Quality Concerns I None • Project Consistent with Water Yes Master Plan • Impacts/Concerns I See Public Works Site Specific Conditions in Section IX.B of this report. C. Project Maps Future Land Use Map Aerial Map Legend 0 Legend OProjeot Umuf:m �- IdPro.,eai LaoafK>r gall l� e iu _ s siaee fiat Low Density Residenfial 77-7 Page 3 Zoning Map Planned Development Map JIULW Legend 0 Legend 0 Pro"1 t Lcca�ian 4 Id Pro" t Lacafkm � 1�R. R. - r�- ;_ City Limit — Planned Parce-Is R- RUT R-4 -13 R-15 RUT -R= •RR RUT i[ 1 M1 ---- -y}k= III. APPLICANT INFORMATION A. Applicant: Judy Schmidt,Bailey Engineering— 1119 E. State St.,#210,Eagle,ID 83616 B. Owners: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Shawn Brownlee,Trilogy Development—9839 W. Cable Car St., Ste. 101,Boise,ID 83709 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in 1/30/2024 3/10/2024;4/21/2024 newspaper Radius notification mailed to property owners within 300 feet 1/26/2024 3/1/2024 Public hearing notice sign posted on site 1/24/2024 3/12/2024 Nextdoor posting 1/30/2024 3/4/2024;4/9/2024 Note: This project was continued to the May 7`"City Council hearing in order to notice the Kuna School District, who was inadvertently not included in the previous transmittals, andprovide an opportunity for comment. V. COMPREHENSIVE PLAN ANALYSIS FUTURE LAND USE: Approximately 31-acres of the eastern portion of this property is designated Low Density Residential(LDR)and approximately 28-acres of the western portion is designated Medium Density Page 4 Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan (see map above in Section II.C). The LDR allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. TRANSPORTATION: ACHD's Master Street Map(MSM)depicts an east/west collector street across this property from S. Eagle Rd. to the west property boundary and a north/south collector street along the west boundary of the site. This property is within the area governed by the South Meridian Transportation Plan. No improvements are planned directly abutting the site in the CIP or IFYWP. Lake Hazel Rd. is scheduled in the IFYWP to be widened to 5-lanes from Locust Grove to Eagle Rd. in 2024 and to 5-lanes from Eagle to Cloverdale Rd. in 2025. The intersection of Lake Hazel&Eagle Rd. is scheduled in the IFYWP to be widened to 5-lanes on the north leg,4-lanes on the south,4-lanes on the east, and 3-lanes on the west leg to be reconstructed in 2024. PROPOSED USE: The subject property is proposed to develop with a mix of single-family residential detached and attached dwellings and townhome dwellings at a gross overall density of 4.13 units per acre (2.96 units/acre in LDR and 5.30 units/acre in MDR)consistent with the density desired in the Comprehensive Plan for this area. 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 and detached dwellings and townhome dwellings will provide a mix of housing types to meet the needs,preferences and financial capabilities of present and future residents in the City as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design with smaller lot sizes abutting similar size lots to the north planned in Vertex Subdivision and to the west adjacent to Discovery Park, a 75-acre City park, and MDR designated property to the west and south; and larger lots abutting similar size lots to the north in The Keep Subdivision and to LDR designated property to the east will provide a good transition in density and lot sizes to existing and future development. Page 5 • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential uses and site layout should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) A 10'wide multi-use pathway is proposed through the site from the south to the north boundary within the Williams Pipeline easement and a S'wide pathway is proposed along the Farr Lateral on the northeast portion of the site, which should be widened to 10'in accord with the Pathways Master Plan. Other micro paths and internal pathways are proposed for pedestrian connectivity within the development. • "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." With redevelopment of the site, the septic system for the existing home should be abandoned. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity."(6.01.02B) There is currently one (1) access driveway via S. Eagle Rd.for this property, which will be replaced by a collector street that will extend to the west boundary of the site for future extension. Another north/south collector street is proposed along the west boundary of the site for future extension to the north and south. These collector streets should increase connectivity in this area and distribute traffic from the arterial street. Stub streets are proposed to adjacent properties to the north fronting on S. Eagle Rd., which should reduce access points to the arterial street in the future. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 59.97 acres of land with R-8 (34.69-acres)and R-15 (25.28-acres) zoning districts and develop the site with a mix of single-family attached and detached and townhome dwellings at densities consistent with the underlying LDR and MDR FLUM designations as discussed above in Section V. A legal description and exhibit map for the overall annexation area is included in Section VIII.A along with individual legal descriptions and exhibit maps for individual zones. This property is within the City's Area of City Impact boundary. Page 6 A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 246 building lots and associated common area and public streets(see Section VIII). Single-family attached and detached and townhouse dwellings are listed as a principal permitted use in both the R-8 and R-15 zoning districts per UDC Table 11-2A-2. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the subject property develops as proposed, 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 246 building lots and 38 common lots on 59.77 acres of land in the proposed R-8 and R-15 zoning districts as shown on the preliminary plat in Section VIII.B.A mix of front-and alley-loaded single-family detached(170), single-family attached(14)and townhomes(62) are proposed. Building lots range in size from 2,600 square feet(s.£) (or 0.6-acre)to 14,798 s.f. (or 0.34- acre). Phasing Plan: The subdivision is proposed to develop in four(4)phases per the phasing plan in Section VIII.B. The first phase is located along the southern boundary of the site and includes construction of all of the collector streets within the site. The second phase is the northeast portion of the development. The third phase is centrally located and contains the pond and most of the common open space for the development, including the linear open space in the Williams Pipeline easement. The fourth phase is the northwest portion of the development. Staff recommends the phasing plan is revised to switch Phases 2 and 3 so the open space is provided in an earlier phase for the enjoyment of residents. The phasing plan has been revised as recommended. Existing Structures/Site Improvements: There is an existing home and several other structures on the property that are not being retained that are required to be removed prior to submittal of the final plat for City Engineer's signature.There is also an existing driveway via S. Eagle Rd.that will be replaced with a public street. Dimensional Standards(UDC 11-2): The proposed plat and future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and Table 11-2A-7 for the R-15 zoning district, as applicable. Zero (0) setbacks should be depicted on the plat where single- family attached and townhome structures are proposed to span across lot lines where no easements will exist.Note: Street setbacks are measured from back of sidewalk,which will affect building placement on lots along collector streets. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3,including those for streets and alleys. Product Type: A mix of single-family attached and detached and townhome dwellings are proposed to develop on the site as shown on the exhibit map in Section VIII. Access: Public streets and alleys and a common driveway are proposed for access within the development. Two (2)collector streets are proposed in accord with ACHD's Master Street Map as noted above in Section V. Homes fronting on the collector streets do not have access from the collector streets. Public stub streets are proposed to adjacent properties to the northeast,north,west and south for future interconnectivity and to reduce future access points on S. Eagle Rd., in accord with UDC 11-3A-3A.3. A common driveway is proposed on Lot 51,Block 16 for access to Lots 52-54,Block 16; compliance with the standards listed in UDC 11-6C-3D for such is required. A perpetual ingress/egress is required as a note on a recorded final plat or a separate recorded easement.The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and Page 7 equipment.A common driveway exhibit that demonstrates compliance with the R-15 dimensional standards is included in Section VIII.F; future development of these lots should be consistent with this exhibit.Fencing is required along Lot 51,Block 16 to distinguish common from private areas as set forth in UDC 11-3A-7A.7a.A 5-foot wide landscape buffer planted with shrubs,lawn or other vegetative groundcover should be provided along the southwest side of the common driveway on Lot 51,Block 16 in accord with UDC 11-6C-3D.5. Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. A 10' wide multi-use pathway is required within the Williams Pipeline easement and along the south side of the Farr Lateral in a 14-foot wide public pedestrian easement in accord with the Pathways Master Plan. Other pathways are proposed throughout the site for internal pedestrian connectivity. The 10-foot wide multi-use pathway within the Williams Pipeline easement should be extended through Lot 1, Block 14 for future extension to the south.The 10-foot wide multi-use pathway along the Farr Lateral in Lot 16,Block 2 should also be extended to the northwest to connect to the multi-use pathway in Vertex Subdivision to the north.In order to provide connectivity between the multi- use pathways within the site, Staff recommends a 10-foot wide sidewalk is provided along Taps to between the Williams pipeline pathway and the Farr Lateral pathway. Sidewalks/Parkways(11-3A-17): For public safety, Staff recommends 10-foot wide detached sidewalks are provided along all collector and arterial streets within and adjacent to the site; parkways should comply with the standards listed in UDC 11-3A-17.The plat and landscape plan, should be revised accordingly. Landscaping: A minimum 25-foot wide street buffer is required along S. Eagle Rd., an arterial street, measured from ultimate back of curb location; and 20-foot wide street buffers are required along E. Vantage Pointe and St L,collector streets,per UDC Tables 11-2A-6 and 11-2A-7. The buffer along E. Vantage Pointe on Blocks 12 and 15 needs to be fully landscaped,including the area on the back side of the sidewalk.Landscaping is required within the street buffers and parkways in accord with the standards listed in UDC 11-3B-7C.3; the landscape plan should be revised to include a mix of landscaping materials and a calculations table that demonstrates compliance with the standards.All street buffers should be in a common lot or on a permanent dedicated buffer easement maintained by the property owner or homeowner's association; street buffers should be depicted on the plat accordingly and labeled as such. Landscaping,including trees and shrubs,should be depicted on the landscape plan within the 5' wide landscape strip on each side of all pathways as set forth in UDC 11-3B-12C.Note:Alternative compliance may be requested for the trees along the pathway in the Williams pipeline easement as set forth in UDC 11-5B-5. There are several existing trees on the site—where possible,existing trees should be retained. Mitigation is required in accord with the standards listed in UDC 11-3B-10C.5; calculations demonstrating compliance with the aforementioned standards should be depicted on the landscape plan. Common Open Space& Site Amenities(UDC 11-3G-3): A minimum of 15% (or 8.97-acres) common open space is required to be provided in the R-8 and R-15 zoning districts per UDC Table 11-3G-3. Open space areas are required to comply with the quality standards listed in UDC 11-3G-3A.2. The qualifications for open space are outlined in UDC 11-3G-3B. An open space exhibit was submitted as shown in Section VIII.D that depicts common open space totaling 14.79-acres(or 24.74%); qualified open space consists of 11.77-acres(or 19.69%), exceeding the minimum standard. Qualified areas consist of open grassy areas of at least 5,000 square feet in area, linear open space, a pond with site amenities (i.e.picnic areas), and active and passive open spaces. Page 8 Based on 59.77-acres of development area, a minimum of 12 site amenity points is required to be provided. For projects such as this that are over 40-acres in size,multiple amenities are required from each of the categories listed in UDC Table 11-3G-4. The Applicant proposes amenities in accord with the minimum standards from each of the required categories, as follows: T e Description Points Quality of Life Picnic Areas 3 6 Pedestrian Amenities Multiuse Pathways .5 miles 2 Quality of Life Fitness Course 6 stations 2 Recreation Activity Tot Lot 1 Mutti-modal Bike Repair Station 1 Total 1 The proposed amenities should comply with the associated standards listed in UDC 11-3G-4C,D, E and F. Open Water Pond: An open water pond exists on the site that is proposed to remain on Lot 1,Block 16. The pond is required to have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.6. Parking: Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. Two(2)off-street parking areas with a total of 16 parking spaces are proposed on Lots 20 and 80,Block 16. Williams Pipeline: The Williams Northwest Gas Pipeline crosses this site within a 75-foot wide easement contained in common lots as depicted on the preliminary plat.Any development and/or improvements within the easement should comply with the Williams Developer's Handbook. Waterways: The Farr Lateral exists along the eastern portion of the northern boundary of the site within a 55-foot wide easement(25-feet on the north side and 30-feet on the south side of the lateral's centerline). All irrigation ditches and laterals crossing this site that aren't being improved as a water amenity or linear open space as defined in UDC 11-1A-1 are required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The Applicant requests a waiver from Council to leave the Farr Lateral open and not pipe it as allowed in UDC 11-3A-6B.3a.To preserve public safety,the Applicant proposes to construct a 6' tall wrought iron fence along the northern boundary of Lot 16,Block 2 outside of the Boise Project Board of Control's easement in accord with UDC 11-3A-6C and the Pathways Master Plan. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7, as applicable. The landscape plan depicts a mix of 6' tall vinyl privacy fencing and 5' tall wrought iron fencing. Because there is a common lot with a pathway planned in Vertex Subdivision along the northern boundary of the site, Staff recommends the fencing in this location is changed to 5' tall wrought iron fencing to match that on the north side of the pathway and that proposed on this site to the east along the Farr Lateral in accord with UDC 11-3A-7A.7b. 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. A pressure reducing station is proposed on Lot 1,Block 19. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Page 9 Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Evaluation was submitted with this application. Building Elevations: Several conceptual building elevations of 1-and 2-story single-family detached, attached and townhome dwellings were submitted as shown in Section VIII.E. Building materials consist of a variety of horizontal and vertical siding and stucco with stone/brick veneer accents. Because homes on lots that face collector(E.Vantage Pointe& St L) and arterial(S.Eagle Rd.) will be highly visible, Staff recommends the rear and/or sides of structures facing these streets incorporate articulation through changes in two or more of the following: modulation (e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Design review is required for all single-family attached and townhome structures; design review is not required for single-family detached structures. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on February 151}i. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: David Bailey,Bailey Engineering(Applicant's Representative) b. In opposition: Dave White,Jeff Luckey,Brian Miller,Jarron Langston, Craig Smith, Carrie Miller,Matthew Pond c. Commenting. None d. Written testimony: Kelli Black,Bailey Engineering(Applicant's Representative)—in agreement with staff report; and several letters of opposition from the public(see public record). e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Opinion the proposed density is too high for this development with existing infrastructure constraints; b. Concern pertaining to safety of roads in the immediate area; c. Request for a better transition in lot sizes to adjacent properties. 3. Key issue(s)of discussion by Commission. a. Would like to see a better transition in lot sizes to adjacent existing properties,especially to The Keep to the north. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. The Applicant requests City Council approval of a waiver to UDC 11-3A-6B.3a to leave the Farr Lateral open and not pipe it as allowed in UDC 11-3A-6B.3a. To preserve public safet t�pplicant proposes to construct a 6' tall wrought iron fence along the Page 10 northern boundary of Lot 16,Block 2 outside of the Boise Project Board of Control's easement adjacent to the pathway. b. The Commission requested the City Council review the transition of the proposed R-8 zoned lots to the existing R-2 lots in The Keep subdivision along the Farr Lateral and decide if the proposed transition is in the best interest of the City. C. The Meridian City Council heard these items on March 26, and May 7, 2024. At the public hearing on May 7t'the Council approved the proposed AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: David Bailey,Bailey Engineering(Applicant's Representative) b. In opposition:None c. Commenting: Bryan Miller, Carrie Miller,Jeff Luckey,Lori Billaud,Jarron Langston:Whitney Smith: Cheri Ure: Robbie Reno,Kuna School District d. Written testimony: Craig Smith: Kelli Wilkins e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Letter from Craig Smith—Request for a better transition(i.e. larger/fewer lots)abutting his 5-acre property to the east of the site similar to that discussed to The Keep to the north: b. Letter from Kelli Wilkins—Opposed to the density of the proposed development— request for lower density(i.e. larger/fewer lots)abutting her 5-acre property to the east. C. Concern pertaining to the proposed density(too high),not enough transition in lot sizes to existing lots in The Keep subdivision,concern to pertaining to existing roads not being adequate to serve the development: d. Testimony from Whitney Smith,requesting retention of the existing berm and trees along the east boundary of the site adjacent to her property and a better transition in lot sizes (i.e.2:1 or less). e. Testimony was provided from Robbie Reno,Kuna School District,that their elementary and high schools are currently over capacity and concern pertaining to serving additional students due to a recent bond failure to increase capacity. f Concern pertaining to impacts on area schools due to lack of capaci . and impact on area roadways from traffic generated from the proposed development: g= Opinon the proposed development is too high of density for this area. 3. Key issue(s)of discussion by City Council: a. Lot transitions. safety for children with retention of the existing pond and impact on area schools. 4. City Council change(s)to Commission recommendation: a. The Council approved the Applicant's request for a waiver to leave the Farr Lateral open and not pipe it. Page 11 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map Description for Annexation September 8, 2023 A parcel of land located in the South 112 of the Northeast 114, and the North 112 of the Southeast 114 of Section 5.Township 2 North, Range 1 East, Boise Me6dian, Ada County, Idaho, more particularly described as follows: Commencing at the iA corner common to Sections 4 ana b, 7.2N.,R.1E., B,M-,from which the Section corner common to Sections 4, 5, 8 and 9, T.2.N., R.1.E, B.M_,hears South 0012'47"West, 2653.27;thence on the east boundary line of said Section 5, South 00912'47"West,458.11 feet to the POINT OF BEGINNING; thence continuing, South 0012'47"West, 250.D4 feet; thence Ica+ring said cast boundary line,North 74°b8'26"West.800.00 feet; thence North 73°2926"Vest,560.00 feet; thence North 89°18'26"West.500,80 feet: thence South 89°48'34"West, 841.23 feet to the north-south centerline of said Section 5; thence on said north-south centerline. North 00°00'59"East, 332.88 feet to the Center 114 corner of said Section 5; thence continuing on said north-south centerline. North 00'01'18" East,820.62 feet: thence leaving said north-south centerline. South 78°30'03"East, 191.66 feet; thence North 43"00'19"East, 108.41 feet; thence North 68°36'36"East, 694.84 fee#; thence South 46"02'S2"East, �70.M feet: thence South '5921" East,64.51 feet; thence North 00°2NOV West, 30.48 feet to the Southwest corner of Keep Subdivision as filled in Book 119 of Plats at Pages 18374 through 18378,records of Ada County, Idaho; P,� L'1'y0 thence on the south boundary line of said Keep Ns Subdivision the following eight(8)courses and distances; 11779 South 64"48'10"East,6b ��,24 feet; n , r South 79"33'09"East,55.80 feet; - 'f m o, Page 1 of 2 Page 12 North 82"37'W' East, 39.20 feet; North 71 W'4 " East, 41.47 feet; North 8U°45'02" East, 58.56 feet; North 88"5&42" East, 252,30 feet-, North 8503916" East, 60.03 feet; North 671183'39" East, 125.97 feet to the nofthwest corner of Derry Subdivision as filed in Book 108 of Plats at Pages 15160 and 15181, records of Ada County, Waho; thence South 00°13'22"West, 1157.89 feet to the southwest comer of said Derry Subdivision thence on the south boundary line of sad Derry Subdivision and the easterly prolongation of, South 74"06'45" East, 762.45 feet to the POINT OF BEGINNING Containing 59.969 acres, more or less- End of Description- pL LA X D F p Page 2 of 2 Page 13 � R9 & Subvi-�n £ — L | . e L L1 G � 0a m Li w ® � t § Derry \ t5g31139 Acre \ _ . � r \ � Q a ell 1A u S.5 . 4 p Paint of 7 � \ 0 ® � �(. z �amp &B4 'W B4122 H89-1E26■ mm . a , � Line T Ee Line Table % m | e Bouring erg■ LFe B_i uinga | / u SK, q' a04 N& '7 39 ' § L-2 E3E27 1 .6' Q 1'27%yE w.47 /0D U 0'19% 10B«' uo N50-1,5`2 5B.e' #, ; 9 ,% ` 211 NBB'5a 7 30 L5 m=2 2' 3o 4B 2 38'1 E Mm' ° V) US 24'48'1eE 6 24 u3 A 3' % ,M■ ' / 2 3 og"E 8o 1 , � z IN 3 . r . a 799g q | / » E _b2Rd5 '4 0 ,� oko + ---tees # 01002m 400 Boo MJp m=C..»mm ___E-_ , ,,._ IDAHO Eh tOra¥ng or \tee SURVEY eee Winne Annexation Shoot _mr�_ Reveille Ridge Sult>dlivisluri 1 GROUP, L[C A procal @ land k,tedHthe 5112ea, 4 the q2of owv. . �he SE a -of @, S. TIN- P-1C , Adu C-wnty. a# 9/s/2QZZ Page 14 Description for R-8 Zone September 8, 2023 A parcel of land located in the South 112 of the Northeast 114, and the North 112 of the southeast 114 of section 5, TOwnShip 2 North, Range 1 East, Noise Mendian, Ada County, Idaho, more particularly described as follows: Commencing at the 114 corner common to Sections 4 and 5, T.2N.. R.1E„ B_M., from which the Section corner common to Sections 4, 5, 8 and g, T.2.N., R.1.E, B.M„ begs South 00912'47"West, 2653.27; thence on the east boundary line of said Section 5, South 0012'47'West, 458_11 feet to the POINT DE BEGINNING: thence continuing, South 00"12'41" West, 2 50.04 feet; thence leaving said east boundary line, North 74°08'26"West: 660.06 feet; thence North 73°29'26" West. 408.38 feet; thence North 47°47'31" West, 770.77 feet; thence North 42°12'29" East, 255_26 feet; thence 1 60_79 feet on the arc of a curve to the right having a radius of 300.00 feet, a cantr21 angle of 32"25'39", and a long chord which bears North 64°00'20" West, 167.53 feet; thence North 47°47'31" West, 51 .02 feet; thence 46.08 feet on the are of a curve to the right having a radius of 100.00 feet, a central angle of 26°24'07", and a long chord which bears North 34°35'27"West. 45.67 feet; thence North 21°23'24"1 cst, 28.22 fact: thence South 68°3638"West, 1 _53 feet; thence 8.02 feet on the arc of a curve to the left having a radius of 100.00 feet, a central angle of 04°35'37", and a long chord which bears South 66"18'47"West. 8.02 feet; thence North 47°47'31" West, 150.16 feet; thence North 43°08'1!�" East, �1.57 feet: NL LA C�`° �G thence North 68'36'36" East, 694-84 feet; thence South 46°02'32" East, 375.56 feet; 11779 thence South 64860'21"East, 64.51 feet; of V��� ' McCP ` Page 1 of 2 Page 15 thence North 00°23'06"West, 30.48 feet to the Southwest corner of Keep Subdivision as filled in Book 119 of Plats at Pages 18374 through 18379, records of Ada County, Idaho; thence on the south boundary line of said Keel Subdivision the following eigfit (8) courses and distances; South 64°48'14" East, 66_24 feet; South 79°3S09" East, 55.80 fleet; North 82°37'38" East, 39.29 feet, North 71°27'43" East, 41.47 feet; North 80°45'02" East, 58.58 feet; North 8895B'42" East, 252.30 feet; North 8503816" East, 60,03 feet; North 67003'39" East, 125.97 feet to the northwest comer of Derry BuMvision as filled in Book 108 of Plats at Pages 15160 and 15161, records of Ada County, Idaho; thence South 00'13'22"West, 1157.89 feet to the southwest corner of said [ferry Subdivision thence on the south boundary lire of said perry Subdivision and the easterly prolongation of, South 74"08'45" East, 752.45 feet to the POINT OF BEGINNING. Containing 34.691 acres, more or less. End of Description_ SCE Ng,� ` 1 779 O F 4� McCN Page 2 of 2 Page 16 1 ' Keep Subdivision L La p�e �. 8L L11 �4 I I L2 L12 C,� � L5 L6 L13 F' L10 C3 � 56b'36'38"14 ���Tip , i 166.53' ,}�� ki Ln De N42-12'29"E G`f IN 255.26' f34.69i N I Acres T-7 I a � C1f4 �# 1/4 # S.5 .5.4 Point of I� 574 Beginning ,n 408 b 7S2 45 ¢ 1 N73���6'gir °a .6.w J 800 00, Line Table Line Table I N Una ne 8eoring {.ength Line Ueorrng Leny0l m L1 Sa472'47'w 254-04' Lb 57933'09"E 55.✓30' ri i.o CS 9} t L2 N21'23'24'W 28.22' L9 N82'37'38"E 39.29' oF L3 N4747'31'W i AO- L10 H71'27'43"E 41.47` L4 N43'00'19"E 21.57' L11 NBO'45'02'E 58.56' L5 S64'59'21"E 64-51' L12 NB8.58'42% 252-30' Scale. 1"=400' L6 N70.23'06"W 30.49 L73 H8538'16"E 60.03' i L3 100 200 400 8p.; L7 S64'43`,0"E 66.24' L14 N57r03'39`E 125.97' Curve Table Curve Length Radius Delta Chard Bearing Chord Length C1 159.79' 30100' 32`25'39' N64'00'20'W 167.53' E_ Columbia Rd. S.5 'S,4 C2 46.08' 100.00' 2624'07' N34'35'27"W 45.67' ——— ———S.B S.9 C3 5.02' 100.00' 435'37" S65-18'47'W 8,02' P:y—4� r(73M Eq',Rd)77-22F dwE%--8 F—E 9 SAOM3 EL4553 qY �� �0 ExhibTk drawing for Job "a s954 yr ENEw. —8 Zone 22-228-02 SURVEY 941SE.O.A+I45W}7U Sheet Na. {70xi"&xsz9 Reveille Ridge Subdivision 1 GROUP, LLC A pracd of land located in the S1 2 of the HE1 4 & tho N1 2 Df pxq, poke the SE1 f4 of Section 5, TIN„ R.IE.. B.A. Ada County, Idaho. 9I8f202Z Page 17 Description for R-1 a Zone September 8, 2023 A parcel of land located in the South 112 of the Northeast 114, and the North 1/2 of the Southeast 114 of Section 5, Township 2 North, Range 1 East, Saise Meridian, Ada County, Idaho, more particularly described as follows; Comrnen6ng at the 114 comer common to Sections 4 and 5_ T.2N., R.1E., B.M." from which the Section corner Common to Sections 4, 5, 8 and 9, T.2.N-, R_1-E, B.M., gears South 00'12'47"West, 2653.27: thence on the east boundary line of said Section 5, South 00'12'47"West, 708.15 feet;thence leaving said east boundary lire, North 74"08'26"West, 800.00 feet; thence North 73"29'26"West, 408.38 feet to the POINT OF 8EGINNING: then cc North 781120'W West, 151.82 feet thence North 89'18'26"West, 660.00 feet; thence South 89d48' 4"West, 841,23 feet to the north-south centerline of said Section 5; thence on said north-south centerline, North 00*00'59" East, 332.88 feet to the Center 114 corner of said Section 5; thence continuing on esid north-south centerline, North 00"01'18" East, 820,62 foot; thence leaving said north-�south centerline, South 78'30'03"East, 191-66 feet; thence North 43°00"19"East, 86.84 feet; thence South 47"47"61" Bast, 150-16 feet; the noe 8.02 feet on the arc of a curve to the right haVIng a radius of 100-00 feet, a central angle of 04'35'37", and a long chord which bears North 66'18'47" East, 8.02 feet; thence North 68° '36" East. 168,5� feet: thence South 21°23'24" East, 28.22 feet; thence 46.08 feet on the arc of a curve to the left having a radius of 100.00 feet, a central angle of 0 �V 14NO 26°24'07', and a long chord which.. bears South \GF-N,S 34'35'27'' East, 45.67 feet; 11779 thence South 47°47'31" East, 512-02 feet; 4�' o f ° Page 1 of 2: Page 18 thence 169.79 feet on the arc of a curve to the left having a radius of 300.00 feet. a central angle of 32025'39", and a long chord which bears South 64'00'20" East, 167.53 feet: thence South 42012'29"West, 255.28 feet, thence South 4704T31" East. 770.77 feet to the POINT OF BEGINNING. Containing 25.275 acres. more or less. End of Descnption- pL LANO 11779 ' MCCN Page 2 of 2 Page 19 I I Keep Sub divisian I I I L2 `3 ( 1-6 C'p G1 0 T- I ro Derry. p Subdmtswn ±25.27 Acres S42'12'29"w I 255.28' C1/4 � 1 f4 ILn Q z 5dQ.Q0' I+ S69'Q'34'W 1341,23' N89'?S'26"w �� 4 Beginning# # 7 9 B} I .0.3, E" $ Qa00, N V, y0 I �aNa Line Table - I � v u Line Deming Length I m 11779 4- L1 N73-29'26"Ih' 151.62' cw r- o a 0 G30 �� � �X, L2 578'30'03'E 191.66' La�� �•(n 01� WON `1 L3 N43'00'1g`E 86,64" + o m L4 S4747'31'E 150.16' L5 N68'36'36"E 166-53' �x $Cole: 1"=400' 1-6 $21'23'24"E 2$,22' 0 100 200 400 Boo Curve Table 1 I Curve Length Radius Delto Chord Bwriny Chord Length C1 13.02' 1flo,00' 4'35`37' N661E{47'E 9.02' E- C41urnbla Rd- 13 `S,4 C2 46,46' 1fl4,Q6' 2624'Q7" 53435'27'E 45.67' --- ---S.8 S-9 C3 i69-19' 300.00' 32 25'39' S64W'20'E 167-53' v�4nd. s{7l55 fops Hq 33.27d�m,pWt•i5 twx f�a.G i/9[5071 aw i sp Exhibit drawing for N8. I DAHO 9a 9 a-ET —I J Dr 22-228-02 90ISE IpA22^ a Sh4■t 144,E {mom"- Reveille Ridge Subdivision 1 GROUP LLD A Prato of land 1walee In ehe S1 2 OF tha 14E1 4 & the N7 W Dwg, Date thr 5E7/4 of Section 5, T2N., R.T.. 6 M„ Ada County, Idaho 9/8/2023 Page 20 B. Preliminary Plat(dated: 1/10/24) &Revised Phasing Plan(dated: 2/21/24) PRELIMINARY PLAT FOR _ REVEILLE RIDGE SUBDIVISION D: J£C T d - ,e4e _ HCIu.I�Rw PLAN SHEET INDEX ® ® ® ® ® o SHEET DESCRIPTION BL 3 \, PP-1 —COVER SHEET.INDEX,VICINf,V WE, NOTES_— _ PP 2 PRELIIAINARY PLAT WEST WYOIIT PP 3 PRELIMINARY PIgT EAST LAYOUT PIP-4 -PARCEL k caevE TneLes —EXISTING TOPOGRAPHY I— P GINEERING LAN T PP—] —EN &STREET SECTION_ 11-8 —PRELIMINARY SEWER PRO ES PP-9 —PRELIAIINARr'SEWER PROHLES e� II � I — — -—-— -—- --——— z 0 bL Ed `y ry� N 2 Ed Z 0 ® _ — W 1w�y W j L ® o _ T � PP-1 Page 21 g=a� PRELIEONARY FIAT FOR REV©LLE RIDGE SI]EDMSION 9L -- III X�•c°v. 4i. \ \� 3. _ TI / — I� lyJ 3W � - (n 5 - /^ _ 0 0 �I oz N I 1 > F a - 0 � w m a I w 0 Q 0 Z 0 W p 0 / W W w 0 a tt mo PRELIMINARY PLAT FOR REVEILLE RIDGE Si.BDMSION �. BLOCK 2n ^`- ... \ ' Ail - N BLO K r5 m • _. 0 W 6 VK 7 & N 0 - rnuascnox .mro� m IN 9 — � 0Z mf =—_ s _ zo > Ld it PP-3 Page 22 PRASE MAP FOR � ! REVEILLE RIDGE SUBDIVISION «.��s, �. oeawl. eow -------------- pPf F�l i a 7� ..... ........ z C) 0 z --------------------- --- -------- 4 r, I'^ 1 L b.o L w w I w w PM Page 23 C. Landscape Plan(dated: 12/12/2023) ^ �e ^sh 0 - e e = i w ire- 5 JENSENBELTS REVEILLE RIDGE SUBDIVISION O FE9RUARY 12,2014 PRELIMINARY PLAT LANDSCAPE PLAN MERIDIAN, ID Page 24 '----©-- ry;;• � MATCHLINE Lt 'k Y' ______________ I Sd` euv fix, �: - d< T OCK 7 fli E _ BLOCK 15 I' 1 :::: !%'; �I ° ( a m o l a °„ v 4 C OW j a�� Q g Z u U PLANT NOTES PALETTE a '� o 0 _ W w ; 0 u =rc mi n,�neru O-ENSEN TS ¢ p F s�[ l I y I I I 10 - - BLOCK LOCK . ALLEY A I'A Y. — J a Z 6? MATCHLINE L2 _ z o. ^�.. •+. }Ism .��r Q �� ������ MATCHLINE Lt I N — a > F Q o Z v in w ❑ D E PLANT PALETTE m 0 NOTES W 0 i 3 J JENSEMLT$ W p At>2 Page 25 E Sf� r 5 PLANT PALETTE Vie' _ s c PYT H/LKb o i _ 9, ALLEY�A W ��o a ih euctc cart ���— —� NOTES N �a BL CK 7 } a H sly O © O { ..�. ❑ 0 z m to w ❑ D E <e.soo w swo n .a 1J J N p ALLEY B _MATCNL > J MATC INE Q J � Z J o yf f W ®P� J w JENSE�®dT6 w W p PLANT PALETTE e �°c ®R[I E L6 L" a3.. iQo LA�= y h, .. 8 ; o a I. A 1 . r Z Z g p �p NOTESIn a m In m W L N !L Q z z w 0 p w a � w u a Y rc rew z J p W p :r J > _ JENSE BELTS - d w ll ll � C Page 26 9 01 PLANT PALETTE 111C M WAR. i VINYL PRIVACY FENCE G TREE FLANTING/STAKIN& N07EI5 F z O SHRUB RLANTI NO IRON FENCE LANDSCAPE CALCULATIONS Yl v) _LL I V) L w DEVELOPMENT DATA Li L Lj < @) PLANTER CUT BED EO&E _J 0 0 W L TI Page 27 D. Qualified Open Space Exhibit(dated: 12/10/2023) OPEN SPACE EXHIBIT FOR REVEILLE RIDGE SUBDIVISION �.�. --:-:- 0 T - - --- ------ - -- :�yyli�YL C J I J-_--- --_ - ® ® o ® ® o ® ® ®© ® �1 7) m JL L _ - - ® ® ® x o z _ �• W a 0 w o a w o p�OS Page 28 E. Conceptual Building 1 detached: 1 It -�� I %Ih � Y } _ � r 1 i r g- 30 Front-loaded townhomes: _'144 jr Page 31 Alley-loaded townhomes: Page 32 F. Common Driveway Exhibit 4� O� 2 r P ; 0, Q, �.. f! 3.200 sP ti _ ♦ f ( 0 2,600 sf i �2QQ 300 rr ; sf -a, ; r 1.602 sf 3.200 sf o 1 ti 2. REVEILLE RIDGE PRELIMINARY SHARED—ACCESS EXHIBIT LOT 51 BLOCK 16 FOR LOTS 52 53 & 54 BLOCK 16 alley Engineering, Inc. 20 0 10 20 40 CIVIL ENGINEERING I PLANNING I CADD 1119 E.STATE STREET,SUITE 210 TEL 208-93MO13 SCALE IN FEET EAGLE,ID 83616 www.6aileyengineers.com 1'=20' Page 33 G. Product Type Exhibit Map PRODUCT EXHIBIT MAP FOR REVEILLE RIDGE SUBDIVISION eow � o R-8 ZONE " 34.691 AC 124— STIR GROSS DENSITYo,.,,,� 124/34.691-3.57 6 III d Z U 0 Z Ld \ z m a o R-15 ZONE X 25.278 AC ❑ > 62— TOWNHOME — — — O"''';+�„ __ w 46— STIR -- 14— DUETS GROSS DENSITY 122/25.278-4,83 - .._.�. .�mm�.m•.., 1---- - --�I. O w 0 > o o .., PRO D Page 34 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 date of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order for the annexation request. A final plat application will not be accepted until the property is annexed(i.e. the ordinance and development agreement are recorded). 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 generally comply with the development plans submitted with this application,included in Section VIII, and the provisions contained herein. b. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffers along all collector and arterial streets within and adjacent to the site(i.e. S. Eagle Rd., E. Vantage Pointe and St L). c. The rear and/or sides of homes on lots that face collector(E.Vantage Pointe& St L) and arterial (S. Eagle Rd.) streets shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. 2. The final plat shall include the following revisions: a. Depict a minimum 20-foot wide street buffer in a dedicated buffer easement on lots adjacent to E. Vantage Pointe and St L, collector streets, labeled accordingly. b. Depict the future curb location as anticipated by ACHD along S. Eagle Rd.; and a minimum 25- foot wide street buffer,measured from the ultimate curb location. c. Depict 10-foot wide detached sidewalks/multi-use pathways within the required street buffers along all collector and arterial streets within and adjacent to the site(i.e. S. Eagle Rd.,E. Vantage Pointe and St L). d. Depict zero(0)setbacks on lot lines where townhomes are proposed to span across where no easements will exist. e. Graphically depict and label the 30-foot wide easement for the Farr Lateral,measured from the centerline of the lateral, located on Lot 17,Block 2. f. Perpetual ingress/egress shall be required either by a recorded easement or as a note on a recorded final plat. The easement or plat note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C- 3D.8. g. Depict 10-foot wide detached sidewalks/pathways along all collector and arterial streets within and adjacent to the site(i.e. S. Eagle Rd., E. Vantage Pointe and St L). Parkways shall comply with the standards listed in UDC 11-3A-17E. h. Graphically depict the 75-foot wide easement for the Williams Pipeline. Page 35 i. Depict a 10-foot wide sidewalk along one side of Taps to between the Williams pipeline pathway and the Farr Lateral pathway. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a minimum 20-foot wide street buffer in a dedicated buffer easement on lots adjacent to E. Vantage Pointe and St L, collector streets, labeled accordingly. b. Depict the future curb location as anticipated by ACHD along S. Eagle Rd.; depict a minimum 25-foot wide street buffer,measured from the ultimate curb location. c. Depict landscaping with a mix of materials within the street buffers along S. Eagle Rd., E. Vantage Pointe and St L, in accord with the standards listed in UDC 11-3B-7C.3; include calculations that demonstrate compliance. d. Include mitigation information for all existing trees being removed from the site in accord with the standards listed in UDC 11-3B-1OC.5. e. Depict 10-foot wide detached sidewalks/multi-use pathways within the required street buffers along all collector and arterial streets within and adjacent to the site(i.e. S. Eagle Rd.,E. Vantage Pointe and St L). f. Depict landscaping with a mix of materials along each side of all pathways, in accord with the standards listed in UDC 11-3B-12C.Note:Alternative compliance may be requested for the trees along the pathway in the Williams pipeline easement as set forth in UDC 11-5B-5. g. Change the fencing type along the northern boundary on the western portion of the site adjacent to the common open space with a pathway in Vertex Subdivision to 5-foot tall wrought iron fencing in accord with UDC 11-3A-7A.7b. h. Extend the 10-foot wide multi-use pathway to the south through Lot 1,Block 14 for future extension to the south. i. Extend the 10-foot wide multi-use pathway along the Farr Lateral in Lot 16,Block 2 (in the vicinity of Lot 6, Block 2)to the northwest to connect to the multi-use pathway in Vertex Subdivision to the north. j. Include a detail for the picnic areas on Lot 1, Block 16 that includes tables,benches, landscaping and a structure for shade to demonstrate compliance with UDC 11-3G-4C.5. k. Depict a 10-foot wide sidewalk along one side of Taps to between the Williams pipeline pathway and the Farr Lateral pathway. 1. Depict fencing along Lot 51,Block 16 to distinguish common from private areas as set forth in UDC 11-3A-7A.7a. m. Depict a 5-foot wide landscape buffer planted with shrubs,lawn or other vegetative groundcover along the southwest side of the common driveway on Lot 51,Block 16 in accord with UDC I I- 6C-3D.5. n. Depict details for the picnic area,tot lot,bike repair station and fitness course amenities that demonstrate compliance with the standards for such listed in UDC 11-3G-4C, D, E and F. 4. All irrigation ditches,laterals, sloughs or canals, inel ding the gaff Later-al,, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless except for the Farr Lateralwaived by City Getineil. The Council approved the Applicant's request for a waiver to leave the Farr lateral open. Page 36 5. All existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 6. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 7. Submit a 14-foot wide public pedestrian easement for the multi-use pathway within the Williams Pipeline easement and along the Farr Lateral,as required by the Park's Dept. in Section IX.G below. 8. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. 9. The open water pond on Lot 1, Block 16 shall have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.6. 10. Future development of Lots 52-54,Block 16 shall be consistent with the common driveway exhibit included in Section VIII.F and the standards listed in UDC 11-6C-3D. 11. . Future development shall comply with the modified phasing plan in Section VII.B. 12. An administrative design review application shall be submitted for the single-family attached and townhome structures to ensure compliance with the design standards listed in the Architectural Standards Manual. 13. Future development shall substantially comply with the product type exhibit in Section VIII.G. 14. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of this title. B. PUBLIC WORKS https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=330721&dbid=0&repo=MeridianCitX C. FIRE DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=330723&dbid=0&repo=MeridianCitX D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:Ilweblink.meridianciU.ore/WebLink/DocView.aspx?id=331450&dbid=0&r0o=MeridianCiV&cr 1 E. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=331625&dbid=0&r0o=MeridianCitX F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=331878&dbid=0&repo=MeridianCitX G. PARK'S DEPARTMENT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=333344&dbid=0&repo=MeridianCitX Page 37 H. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancily.orglWebLinkIDOCView.aVx?id=333138&dbid=0&r0o=MeridianCitX I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=337083&dbid=0&r0o=MeridianCitX J. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=334422&dbid=0&r0o=MeridianCiV&cr =1 K. KUNA SCHOOL DISTRICT https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=345996&dbid=0&repo=Meridian City&cr =1 X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with R-8 and R-1 S zoning and develop with a mix of single family attached, single-family detached and townhome dwellings on the site at the densities proposed is generally consistent with the Comprehensive Plan per the analysis in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to the R-8 and R-I5 zoning districts and development with a mix of housing types generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. Comments were received from WASD an this ppli tided.and Kuna School District(see Section IX above. Page 38 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is in conformance with the UDC and generally conforms with the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's capital improvement program. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 39 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Biltmore Estates Subdivision No. 5 by Engineering Solutions, generally located at the northwest corner of S. Kentucky Way and W. Harris St. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 7, 2024 ORDER APPROVAL DATE: MAY 14, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 36 BUILDING ) CASE NO. FP-2024-0007 LOTS AND 4 COMMON LOTS ON ) 11.81-ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT BILTMORE ESTATES ) SUBDIVISION NO. 5. ) BY: ENGINEERING SOLUTIONS ) APPLICANT ) This matter coming before the City Council on May 7, 2024 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 BILTMORE ESTATES SUBDIVISION NO. 5, A PARCEL OF LAND BEING A PORTION OF THE S 1/2 OF THE N 1/2 OF SECTION 25, T.3N., R.1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 3/11/24, by CLINTON W. HANSEN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES SUBDIVISION NO. 5 FP-2024-0007 Page 1 of 3 PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 7, 2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Becky McKay, Engineering Solutions, 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES SUBDIVISION NO. 5 FP-2024-0007 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 14th day of May , 2024. By: Robert E. Simison 5-14-2024 Mayor, City of Meridian Attest: Chris Johnson 5-14-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-14-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BILTMORE ESTATES SUBDIVISION NO. 5 FP-2024-0007 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 5/7/2024 DATE: TO: Mayor&City Council { o, FROM: Sonya Allen,Associate Planner ml -w 208-884-5533 r¢a SUBJECT: FP-2024-0007 A Biltmore Estates Subdivision No. 5 LOCATION: Generally located at the northwest corner of S. Kentucky Way and W. Harris St., in the northern 1/2 of Section 25,T.3N., R.I W. � v I. PROJECT DESCRIPTION Final plat consisting of 36 building lots and 4 common lots on 11.81 acres of land in the R-4 zoning district for the fifth phase of Biltmore Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Lee Centers, Oakwood Estates,LLC—PO Box 518,Meridian, ID 83680 C. Representative: Shari Stiles,Engineering Solutions— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(PP- 14-004),time extension(TECC-202 1-000 1) and associated conditions of approval as required by UDC 11-6B-3C.2. Conditions of approval associated with the time extension require 2.35-acres of common open space and site amenities totaling four(4)points to be provided in the last two phases of development(i.e. Phases 4 and 5)in accord with current standards. A total of 2.74-acres of qualified open space is provided in Phases 4 and 5 that meets and exceeds the common open space requirement consisting of 8-foot wide parkways (0.83-acre); a pocket park(Lot 8,Block 6,Biltmore#4) (0.19-acre); collector street buffer along Harris St.,multi-use pathway, micro-path and open space(1.05-acre); collector street buffer along Kentucky Way(0.36-acre); and Page 1 pedestrian pathways (0.31-acre). A pickleball court is proposed in the central common area on Lot 1, Block 8,Biltmore#2,which counts as four(4)points and meets the amenity requirement. There is the same number of buildable lots and additional common open space proposed in this final plat phase than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat and subsequent time extension as required. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 4/15/2014) -Revised All i 1.2 rj �- _ ....................... - � RRN ill ARE Page 2 B. Final Plat(date: 3/11/2024) B'IrLI /I��1E� 1J�EJSJ SJ ri�.T B'D�IrV IrSJIr�1� 1YJ O S BOOK—.PAGE uL3��,,�Z�I A PARCEL OF LAND BEING A PORTION OF THE S 112 OF THE N 1/2 OF SECTION 25, T.3N., R.1W., B.M., wvcrcNrr Xo. 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Mar lww 4]no 59.96' uI RN 51I -W wPM'A•e ] 0 m 1&w' w6�Rt6Y ON Iw -I IM.]5' ]0600' YxY NTYYnSE 17ilY ]0 SI.M' d2SOY YES]Y MIX'OrSYY N.M' C31 ,OlwY 2n0Y tIDO'OY STYH'XYW 10014 ]605' S110Y Y]Y4Y MnTxwro4 MAY L9 ]!M' SNCwMY 110 1].IT 565*.Y414 sr.Y xE,�L I!Il— —ETE FE.- wMEY xE¢ —11 ss]vrin ]3'srE ,er Ms ��w rx'4r xmoYmE MEY x,rxari LZI rs.zY azs•reE [E�NG—Ir �Ias'1re ]..a' suz n1ar 1. sns+oz szx u1s uxw' a•PEw s1r zlre 1a1s• r1r 11saP ozaP swAlYw 1az I..r sx.uzTM ,,OX„pztile SHEET 1 OF 3 Page 3 C. Landscape Plan(date: 3/26/2024) — — — ————— — -T r — f1 -/ SHEET11EEE1.-�� \ n 1 8 LANDSCAPE CALCULATIONS- TLlx� L — � J ` SUBDIVISION DATA- GENERAL —o � LANDSCAPE NOTES L4 O — — — ——-—— yam— — — — — —— •�� ..�a�..o .v,.�.0 u�..�.. .�u�. OVERALL LANDSCAPE PLAN LuW N W q, wo C:N 05 SEE SHEET Li.1-LL4 FOR DETAILED LANDSCAPE PLANS. WrI SOUTH SEE SHEET L2.0 FOR PLANT LIST.LANDSCAPE NOTES. BECK& 3W1 AND PLANTING DETAILS fl��Y BAIRD L1.0 Page 4 II II I g E�ISTING PH.SE l I ug I\\\\ BIlI5 � — Bus i T SOUTH _ m Mill BECK&" BAIRD \ 11 T 10 6 I mro-emee,am�.�wwTs 2 �d I � I PCB \ \ j LANDSCAPE LEGEND o °� GENERAL LANDSCAPE NOTES a Bull ld ld �I ra'.wwrt wrun��rawrtucrwnavewaincnrun. rmm �•� ,1 12 I B7 3 1111 � aue 1 1 15 ,1 MAT_CHLINE- EEL1,1 _ _ _ �P ______ r__ }fir TCHLINE-SEE L13 1 111� n B I N m AA Ati1 LANDSCAPE PLAN W Z n+I w0 ; ONE J_pl LL OlN SEE SHEET L1.0 FOR OVERALL LANDSCAPE, LIA-LIA FOR DETAILED LANDSCAPE PLANS, SEE SHHET L2.0 FOR PLANT LIST, LANDSCAPE NOTES,AND PLANTING DETAILS L ,1 D_ is SOUTH CKAIRD& O€ a \µ\`,, milli B q 25 h: uusauaees em,e iam.w4maaeer< Y 3B s '( LANDSCAPELEGEND GENERAL LANDSCAPE NOTES Jj 8L18 �,+- yr''• $8. r�,w.rexme.cor�nxcrw,»cnMw.mw..arw,.�a 'Mlle NJ��I��I 15 EXISTING PHASE W nad.mb ; BID I O SL rn ._ ' _ �kq' w MA ...LINE- 'L1 _ C�t�_ LU ey". WO ; I/ LANDSCAPE PLAN 47 n Y---1Y 'Y O N @ J_m SEE SHEET L1.0 FOR OVERALL mO N LANDSCAPE,L1.1-LL2 FOR DETAILED LANDSCAPE PLANS, SEE SHEET L2.0 FOR PLANT LIST, LANDSCAPE NOTES,AND PLANTING DETAILS L1.2 Page 5 — till=-SOUTH ME;r1@7 L MAICHLINE-�EE L1L.1 2 ------------ ------ HLINE-SEE LI 3 LANDSCAPELEGEND j Ala 13 GENERAL LANDSCAPE NOTES -L:n M11 Ti. 12 % rc c ? ........ ....... .................. 0 ------------- -V�--- w Lu z Pi wo LANDSCAPE PLAN 05; SEESHEET L1.0 FOR OVERALL Fn m LANDSCAPE,L1.1-L1.2 FOR DETAILED LANDSCAPE PLANS, SEE SHEET L2.0 FOR PLANT LIST, LANDSCAPE NOTES,AND PLANTING DETAILS L1.3 0 2. Q', P,MATOILY.- ll SEE Ll 2 ........ 4c r MA LINE 5Q Pi _1 4 0 VC SOUTH BECK& 11112!AIRD L LANDSCAPELEGEND INGam_ VASE�- GENERAL LANDSCAPE NOTES ............ /�,LANDSCAPE PLAN W. Naz wo ON SEE SHERT LLO FOR OVERALL mN LANDSCAPE.L1.1-LL2 FOR DETAILED LANEDSCAPE PLANS. ORB SKEET L2.0 FOR PLANT LIST, LANDSCAPE NOTES,AND PLANTING DETAILS L1.4 Page 6 PLANT SCHEDULE q!M!SOLPTH LANDSCAPE MCJTE3 02� F 7 1 tMi. it c CD LU cc 2 77� Lu U 0 JU5 Page 7 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 [AZ-13-014(Ord. #14-1594)—Victory South; PP-14-0004,Development Agreement Inst. #114052420—Biltmore Estates;A-2019-0366; TECC-202 1-000 1). 2. The applicant shall obtain the City Engineer's signature on the final plat by December 15, 2025; 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 Engineering Solutions,LLP, stamped on 2/7/2022 by Clinton W. Hansen, shall be revised as follows: a. Note #12: Include the recorded instrument number of the ACHD temporary license agreement. b. Include the recorded instrument number of the ACHD permanent sidewalk easement in the Legend. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan shown in Section V.C, dated 3/26/24, shall be revised as follows: a. The total linear feet of parkways(excluding 26' for each driveway)shall be included in the calculations table along with the required vs.proposed number of trees. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. 6. All development shall comply with the dimensional standards for the R-4 zoning districts listed in UDC Table 11-2A-5.In the case where a wider easement exists, a greater setback may be required (i.e. a 16 foot wide PUDI easement is depicted on the plat adjacent to any public street). 7. The rear and/or sides of homes on lots that face or back up to S. Kentucky Way (i.e. Lot 4, Block 5; Lots 3 and 17,Block 8; and Lot 2,Block 11) shall incorporate articulation through changes in materials,color,modulation,and architectural elements(horizontal and vertical)to break up monotonous wall planes and roof lines. 8. Submit a revised landscape plan for Biltmore Estates Subdivision No. 2 that includes a pickleball court on Lot 1,Block 8. 9. Submit a copy of the Ada County Street Name Review letter for the final plat with the final plat submittal for City Engineer signature. 10. All ditches are required to be piped in accord with UDC 11-3A-6A unless waived by City Council or used as a water amenity or linear open space. 11. This phase shall comply with the most recently adopted Public Works standards and specifications as required with the most recent time extension(TECC-2021-0001). 12. 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 Page 8 of mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 for more information. 13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=345078&dbid=0&repo=MeridianC hty C. Boise Project Board of Control https:llweblink.meridianciU.or lWebLinkIDocView.aspx?id=345654&dbid=0&repo=MeridianC ky D. Boise-Kuna Irrigation District https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=345154&dbid=0&repo=MeridianC ky E. Idaho Transportation Department(ITD) https:llweblink.meridiancily.or lWebLinkIDocView.aspx?id=345300&dbid=0&repo=MeridianC ky Page 9 EXHIBIT B From: Becky McKay To: Sonya Allen Subject: RE: Biltmore Estates No.5 FP-2024-0007 Staff Report for City Council Meeting on May 7th Date: Tuesday,April 30,2024 1:33:49 PM External Sender-Please use caution with links or attachments. Sonya: I noticed you had R-8 instead of R-4 on the cover page. I reviewed the report and conditions of approval. We find the report and conditions acceptable and will comply as outlined. Thanks, Becky McKay, Partner Engineering Solutions LLP 1029 N Rosario St. #100 Meridian, ID 83642. 208-938-0980 ENGINEERING a ur1oN ,. From: Sonya Allen <sallen@meridiancity.org> Sent:Tuesday, April 30, 2024 1:26 PM To: Clerks Comment<comment@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org>; Becky McKay<Beckym@engsol.org>; Shari Stiles <Sharis@engsol.org> Subject: RE: Biltmore Estates No. 5 FP-2024-0007 Staff Report for City Council Meeting on May 7th Just realized I had the wrong zoning district listed; please use this revised report. CLERK— PLEASE REVISE THE PROJECT DESCRIPTION ON THE COUNCIL AGENDA TO REFLECT R-4 AND NOT R-8 ZONING. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 Built for Business, Designed for Living 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. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement Modification (Ultra Clean Franklin H-2023-0064) Between City of Meridian and WWOZ Boise Meridian LLC, for Property Located at 3070 E. Franklin Rd. ADA COUNTY RECORDER Trent Tripple 2024-025821 BOISE IDAHO Pgs=24 BONNIE OBERBILLIG 05/15/2024 02:12 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. WWOZ Boise Meridian LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 14th day of May , 2024 ("Effective Date"),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 WWOZ Boise Meridian LLC, an Idaho limited liability company, whose address is 3070 E. Franklin Road, Meridian, Idaho 83642, hereinafter called "OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 3070 E. Franklin Road, Meridian, Idaho 83642, and described in Exhibit"A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may,by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, City of Meridian Ordinance No. 737 ("Ordinance"), which pertains to the annexation and zoning of the Property, states "[t]hat, as a condition of annexation, the [Owner/Developer] shall be required to enter into a development agreement . . . prior to the issuance of any building permit or plat approval . . ."; and DEVELOPMENT AGREEMENT—ULTRA CLEAN FRANKLIN H-2023-0064 Page I of 8 1.5 WHEREAS, Owner/Developer submitted an application for a development agreement as required by the Ordinance; and 1.6 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.7 WHEREAS, the record of the proceedings for the requested development agreement held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.8 WHEREAS, on the 26th of March, 2024, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B;" and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, the property listed in Exhibit"A" shall be bound by the Ordinance and the terms contained herein in this Agreement; and 1.11 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement. 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, DEVELOPMENT AGREEMENT-ULTRA CLEAN FRANKLIN H-2023-0064 Page 2 of 8 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 WWOZ Boise Meridian LLC, whose address is 3070 E. Franklin Road, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owners)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit"A," describing the parcel bound by this Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses 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 the subject Property shall substantially comply with the conceptual development plans included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B," the standards in the Unified Development Code, and the provisions contained herein. b. Mufflers shall be installed on all vacuums to mitigate noise impacts on the abutting hotel use to the north. c. Dense landscaping consisting of a mix of evergreen and deciduous trees and shrubs shall be provided along the northern boundary of the site that allows trees to touch within five (5) years of planting to mitigate noise from the proposed development to the hotel use on the abutting property to the north. d. The hours of operation of the vehicle washing facility shall be limited from 6:00 a.m. to 10:00 p.m. to mitigate noise impacts on the abutting hotel use to the north. DEVELOPMENT AGREEMENT-ULTRA CLEAN FRANKLIN H-2023-0064 Page 3 of 8 e. A 10-foot-wide detached sidewalk shall be installed along E. Franklin Rd. on the Property and, if consent can be acquired, offsite on the adjacent property to the east owned by the Ada County Highway District ("ACHD"). f. A 35-foot-wide street buffer, measured from ultimate back of curb location, shall be provided along E. Franklin Rd., an entryway corridor; and a 10-foot- wide street buffer, measured from back of sidewalk, shall be installed along N. Olson Ave., a local street. Landscaping shall be installed within these street buffers in accord with the standards listed in UDC 11-313-7C, including enhanced landscape standards for entryway corridors (i.e., E. Franklin Rd.). g. The future structure on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. h. The Owner/Developer shall make a good faith effort to check into the possibility of entering into a license agreement with ACHD for maintenance and/or improvements of/to the abutting property to the east owned by ACHD. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the 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 actions must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT-ULTRA CLEAN FRANKLIN H-2023-0064 Page 4 of 8 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 § 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 the 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 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance 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. 10. 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 agrees to provide, if required by the City. DEVELOPMENT AGREEMENT-ULTRA CLEAN FRANKLIN H-2023-0064 Page 5 of 8 11. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if 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 10 above. 12. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 13. 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 Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: WWOZ Boise Meridian, LLC 3070 E. Franklin Rd. Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 14. 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. 15. 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. 16. 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/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT-ULTRA CLEAN FRANKLIN H-2023-0064 Page 6 of 8 17. 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. 18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 19. 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. 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. 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 the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the Effective Date, as defined hereinabove. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-ULTRA CLEAN FRANKLIN H-2023-0064 Page 7 of 8 i i ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. O NER: OZ Boise Meridian,LLC By: lames Mthck its: c ro STATE OF � ) ss; County of v4— ) On tivs If' day of_ �r 2024,before ine,the undersigned,a Notary Public in and for said State,personally appeared Mf ,L /�n ���7 Mfk known or identified to me to be the_L r 0 of WWOZ Boise Meridian,LLC and the person who signed above and acknowledged to me that they executed the same, IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAT.) JAE SIN CHUNG Notary Public Notary Public-State of Maryland My Commission Expires:Montgomery county County My Commission Expires Feb 28,2028 CITY OF MERIDIAN ATTEST; By: ,«`° SEAL. Elizabeth Strader, Council Vice President 5-14-2024 Chris johns , City Clez 5-14-2024 STATE OF IDAHO ) ss County of Ada ) On this14thday of May 2024, before me, a Notary Public, personalJy appeared Elizabeth Strader and Chris Johnson, known or identified to me to be the Council Vice President 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,Ihave hereuntoset my hand and affixed my official seal the day and year in this certificate first above written. cha-a� SEAL) Notary Public for Idaho CHARLENE WAY My Commission Expire, -28-2028 COMMISSION No. 67390 NOTARY PUBLIC i STATE OF IDAHO DBVELI JLIN ll 2023-006 i Page 8 of 3 EXHIBIT A lam E N G I N E E R I N G November 27, 2023 Project No.23-152 Legal Description Exhibit A A parcel of land situated in a portion of the Southeast 1/4 of the Southeast 1/4 of Section 8,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Southeast corner of said Section 8,which bears S89°54'35"E a distance of 2,571.02 feet from a found brass cap marking the South 1/4 corner of said Section 8; Thence following the southerly line of said Southeast 1/4 of the Southeast 1/4, N89*54'35"W a distance of 786.83 feet; Thence leaving said southerly line, N00°05'25"E a distance of 40.00 feet to a found 5/8-inch rebar on the northerly right-of-way line of E. Franklin Road and being the POINT OF BEGINNING. Thence following said northerly right-of-way line, N51°S7'14"W a distance of 33.31 feet to a found brass plug marking the northeasterly intersection of E. Franklin Road and N. Olson Avenue; Thence leaving said northerly right-of-way line and following the easterly right-of-way line of said N. Olson Avenue, N00°04'29"E a distance of 105.54 feet to a found brass plug on the southerly boundary of a parcel of land as described in Quitclaim Deed per Instrument No. 2021-150649; Thence following said southerly Quitclaim Deed boundary the following five (5)courses: 1. N45'56'21"E a distance of 25.01 feet to a found 5/8-inch rebar; 2. N89'07'13"E a distance of 96.77 feet to a found 5/8-inch rebar; 3. N70°20'20"E a distance of 31.38 feet; 4. N87'52'21"E a distance of 239.10 feet to a found 5/8-inch rebar; 5. S89°54'35"E a distance of 200.00 feet to a found 5/8-inch rebar; Thence leaving said southerly Quitclaim Deed boundary,S01'28'03"W a distance of 147.00 feet to a found 5/8-inch rebar on said northerly right-of-way line of E. Franklin Road; Thence following said northerly right-of-way line the following three(3)courses: 1. N89°52'51"W a distance of 39.66 feet to a found 5/8-inch rebar 2. S87°08'42"W a distance of 350.39 feet to a found 5/8-inch rebar; 3. N89'54'35"W a distance of 163.74 feet to the POINT OF BEGINNING. Said parcel contains 2.012 acres, more or less,and is subject to all existing easements and/or LAND rights-of-way of record or implied. ENSeo All subdivisions, deeds,records of surveys, and other instruments of record referenced o herein are recorded documents of the county in which these described lands are situated. 6 LP �o Attached hereto is Exhibit B and by this reference is made a part hereof. qrf OF 0 �7(< HYNS" II 2�/2023 5725 North Discovery Way - Boise, Idaho 83713 • 208.639,6939 - kmengllp.com 00 0 C: ;;, LEGEND O }' .7j C ® FOUND ALUMINUM CAP v 0 O FOUND BRASS CAP V) V N QQ FOUND BRASS PLUG O � QO FOUND 5/8" REBAR Q 0 100 200 300 SET 5/8" REBAR CALCULATED POINT w LU ._ Plan Scale: 1" = 100' — - SECTION LINE v BOUNDARY LINE m W ADJACENT BOUNDARY LINE i O :E c6 d' O x - QUITCLAIM DEED PER w INST. No. 2021-150649 O w U � m N87°52'21 "E 239.10' S89°54'35"E 200.00' 96.77' N70°20'20"E 3 O Lu > we� N45°56'21 "E 31.38' 0 0 0 O C N � 25.01 ' t\ Cco 4 r i w 0 � N CC a O z ri Q 0 00 N51°57'14 m W N89°5251 W" o � Q 0 z z� 33.31 ' 39.66' 163.74' o 0 NOo'05'25"E�= N89°54'35"W o S87°08'42"W 350.39' DATE: November2023 PROJECT: 23-152 a 40.00' (TIE) POINT OF BEGINNING Z 1784.19' _ _ _ _ _ _786_83' _ _ _ SHEET: N S89'54'35"E 2571.02' 1 OF 1 SOUTH 1/4 CORNER SECTION 8 BASIS OF BEARING POINT OF COMMENCEMENT E. Franklin Rd. SOUTHEAST CORNER SECTION 8 lam w a E N G I N E E R I N G „ 5725 N.DISCOVERY WAY BOISE,IDAHO 83713 N PHONE(208)639-6939 I a kmengllp.com C Title: Date: 11-27-2023 Scale: 1 inch= 100 feet File: Deed Plotter.des Tract 1: 2.012 Acres: 87651 Sq Feet:Closure=s45.2429w 0.00 Feet: Precision=1/435937: Perimeter= 1432 Feet 001=n51.5714w 33.31 005=n70.2020e 31.38 009=n89.5251w 39.66 002=n00.0429e 105.54 006=n87.5221e 239.10 010=s87.0842w 350.39 003=n45.5621e 25.01 007=s89.5435e 200.00 011=n89.5435w 163.74 004=n89.0713e 96.77 008=s01.2803w 147.00 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 Request for a New Development Agreement with a Modification to the Terms of the Agreement Required with the Annexation Ordinance(#737 Haskin Green),by KM Engineering. Case No(s). H-2023-0064 For the City Council Hearing Date of: March 12,2024 (Findings on March 26,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 12,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 12,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 12,2024,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 ULTRA CLEAN FRANKLIN MDA H-2023-0064 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 12, 2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 12, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a),an affected person aggrieved by this final decision may, within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 12, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ULTRA CLEAN FRANKLIN MDA H-2023-0064 -2- By action of the City Council at its regular meeting held on the 26th day of March 2024. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Ro ert E. S'miso 3-26-2024 Attest: Chris Joh n 3-2 =" " 4 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: rlh�� t F Dated: 3-26-2024 City Clerk's Office V I �Ij ^ FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ULTRA CLEAN FRANKLIN MDA H-2023-0064 -3- STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING March 12,2024 Legend DATE: leiProject Lorca fan TO: Mayor&City Council ; IM FROM: Sonya Allen,Associate Planner 208-884-5533 �. SUBJECT: H-2023-0064 Ultra Clean Franklin—MDA C` dr, LOCATION: 3070 E. Franklin Rd., in the SE 1/4 of i { Section 8,T.3N.,R.IE. (Parcel L;O- . #51108449810) R T I. PROJECT DESCRIPTION Request for a new development agreement with a modification to the terms of the agreement required with the annexation ordinance (#737 Haskin Green). II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.01-acres Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped Proposed Land Use(s) Vehicle washing facility Current Zoning C-G(General Retail&Service Commercial) Proposed Zoning NA Physical Features(waterways, The land slopes down significantly to the north. hazards,flood plain,hillside) Neighborhood meeting date 11/20/23 History(previous approvals) Ord.#737 Haskin Green;PBA-2021-0016(ROS#13121) III. APPLICANT INFORMATION A. Applicant: Stephanie Hopkins,KM Engineering,LLP 5725 N. Discovery Way, Boise, ID 83713 B. Owner: WWOZ Boise Meridian, LLC—3070 E. Franklin Rd.,Meridian, ID 83642 C. Representative: Same as Applicant IV. NOTICING City Council Posting Date Newspaper notification published in newspaper 2/25/2024 Radius notification mailed to property owners within 300 feet 2/24/2024 Public hearing notice sign posted 2/23/2024 on site Nextdoor posting 2/26/2024 V. STAFF ANALYSIS The Annexation Ordinance(#737) approved for the property in 1996,requires the property owner to enter into a Development Agreement(DA)with the City prior to issuance of a building permit or plat approval, whichever occurs first. The ordinance includes requirements for inclusion in the future DA and compliance with the Findings associated with the annexation.See DA requirements in Section VITA below. No development has occurred on the property and the property has changed ownership since it was annexed. The original plan was to subdivide the property for individual building sites but that plan never came to fruition. The new owner would like to develop the property with a vehicle washing facility. Because there are many outdated requirements for the DA and references to City Code that are no longer in effect, Staff recommends new provisions with this application that are applicable to the proposed development,which will replace the original ones. The Applicant's narrative provides a response to the existing requirements. A conceptual development plan was submitted, included in Section VII.B,that shows how the site is proposed to develop with a vehicle washing facility. Future development is required to comply with the dimensional standards for the C-G district listed in UDC Table 11-2B-3. The property is currently zoned C-G(General Retail and Service Commercial),which allows a vehicle washing facility as a principal permitted use, subject to the specific use standards listed in UDC 11-4-3-39, as follows: A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties.At a minimum,the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Three(3)stacking lanes are proposed, which should provide sufficient capacity to prevent obstruction of the public right-of-way. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. Vehicles stack in the drive leading into the carwash on the south side of the building, which is a separate drive than the one on the north side of the building that exits the carwash with access to parking for use of the vacuums. 3. The stacking lane shall not be located within ten(10)feet of any residential district or existing residence. There are no residential districts or existing residences within 10 feet of the stacking lanes. 4. A letter from the transportation authority indicating the site plan is in compliance with the highway district standards and policies shall be required. This will be required with the Certificate of Zoning Compliance application. B. Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for use by non-passenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles.Not applicable (this property is in a commercial district). C. Any use that is not fully enclosed shall be located a minimum of one hundred(100) feet from any abutting residential district, and shall be limited in operating hours from 6:00 a.m. to 10:00 p.m. There are no residential districts abutting this site; however, an extended stay hotel was recently constructed on the abutting property to the north. The Applicant states the proposed hours of operation are from 7:00 am to 9:00 pm. Staff recommends hours are restricted from 6:00 am to 10:00 pm to minimize any negative impacts to the adjacent hotel use. D. If the use is unattended,the standards set forth in section 11-3A-16 of this title shall also apply.Not applicable (the use will be attended). Although residential uses do not abut this site,the extended stay hotel(Waterwalk)to the north will likely be impacted by the noise from the proposed carwash and vacuums. For this reason, Staff recommends the Applicant provide dense landscaping(i.e. a mix of evergreen and deciduous trees and shrubs)that allows trees to touch within five(5)years of planting along the northern boundary of the site.The Applicant states the type of vacuums planned to be installed come with mufflers,which should assist in reducing the noise impacts to adjacent properties.To ensure mufflers are provided, Staff recommends a provision in the DA requiring such. Access is proposed via N. Olson Ave., a local street along the west side of the site; no access is proposed via E. Franklin Rd., a commercial arterial street, along the southern boundary of the site nor is it allowed.A cross-access easement(Inst. #2021-105300)was required to this property with the DA for Waterwalk(H- 2019-0111, Inst. #2020-011637),the project to the north. However,there is a 9'3"fall in grade from the proposed driveway to the existing driveway and a significant cross-slope exists,which would make a shared access difficult(see grading exhibit in Section VIII.E below). For this reason, Staff and ACED supports the proposed access via Olson and does not recommend the cross-access easement with the property to the north is utilized. An attached sidewalk exists along E. Franklin Rd.,which is proposed to be replaced with a detached sidewalk in accord with UDC 11-3A-17C. Staff recommends a 10-foot wide detached sidewalk is installed on this property as well as off-site on the adajent property to the east owned by ACHD if consent can be acquired from the property owner. The Snyder Lateral bisects the western portion of this site within a 40-foot wide NMID easement depicted on the site plan and is proposed to be piped in accord with UDC 11-3A-6B.2. A 35-foot wide street buffer will be required along E. Franklin Rd.,an entryway corridor(measured from ultimate back of curb location); and a 10-foot wide street buffer will be required along N. Olson Ave., a local street(measured from back of sidewalk), landscaped in accord with the standards listed in UDC 11-3B-7C, including enhanced landscape standards for entryway corridors. Internal parking lot and perimeter landscaping will be required per the standards listed in UDC 11-3B-8C. Conceptual building elevations were submitted as shown in Section VII.D. Building materials consist of a mix of natural limestone and burnished CMU in neutral colors, and woodgrain printed metal cladding. Final design is required to comply with the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application will be required to ensure compliance with UDC standards and the design standards in the Architectural Standards Manual and must be approved prior to submittal of an application for a building permit. The DA should include the provisions listed in Section VII.F below. VI. DECISION A. Staff: Staff recommends approval of the proposed Development Agreement modification as requested by the Applicant and as recommended by Staff. B. The Meridian City Council heard these items on March 12,2024. At the public hearin .the Council moved to approve the subject MDA reauests. 1. Summary of the City Council public hearing a. In favor: Stephanie Hopkins,KM Engineering(Applicant's Representative): Lori Billaugh b. In opposition:None C. Commenting: Lori Billaud,Kristy Inselman.ACHD d. Written testimony: Stephanie Hopkins,KM Engineering(Applicant's Representative)— in agreement with staff report e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Concern pertaining to the safety of a full access (i.e. left-in and left-out)to/from Olson Ave. on Franklin Rd. 3. Key issue(s)of discussion by City Council: a. The proximity of Olson Ave. to Eagle Rd. and the sajety of a full access without restricted turning movements: and b. Concern pertaining to the maintenance of the property at the corner of Eagle and Franklin owned by ACHD(or the lack thereofl. 4. City Council change(s)to Commission recommendation. a. Council included a provision requiringthe he Applicant to check into the possibility of entering into a license agreement with ACHD for maintenance and/or improvements of/to the adjacent property to the east(see DA provision#F.8 in Section VII). VIL EXHIBITS A. Existing Requirements in Annexation Ordinance: Section 2. That the property shall be subject to de-annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer at his expense and resolve how the water and sewer mains will serve the land; the City may enter Into a late comers agreement for the extension of the City sewer and/or water, if requested by the Applicants. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehen- sive Plan adopted.January 4, 1994, and shall only be developed as a commercial or general planned development or under the conditional use process. C. That. as a condition of annexation, the Applicant shall be requ+red to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D Prior to the issuance of any building permit ar plat approval which ever Comes first; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 D, G 1., H, K and L of the Revised and Compiled Ordinances of the City of Meridian and other matters that the property may be de-annexed if the terms and conditions of the Uevelopment,Agreement are not satisfied. d_ That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-618, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14 which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclus- ions of Law and meet the Ordinances of the City of Meridian, which include that the property must be developed as a commercial or general planned development or under the conditional use permit process. g. That the Applicant is required to hook up to the sewer and water and participate in the costs of extending the sewer and water services though the payment of late-corner's fees. B. Proposed Conceptual Development Plan(dated: 10/11/23) N'd1d 311S1N3W31111N3 OH W 1'NVIOIH3V4 OVOU NI1NNVHA'3 OCOE NV31,')vu_u l IIII I I i ' IIII�IIIIII {� 1 ,_:� t I � I IIII}Ilhy� I l � f fa - }�yh{II II 11 1 � t `a�•I �z\�� I �� � � ..moo. � Y�i Y 1`1 I I I g 111,\ " ��y -'..1111\1 • $ a f1 J s& .aa.._ bb=_�§as>e� Na — IN \1 n � sfF , ; lJ h SFF 3 6 3 i 1 3af �53 IN�� � p�ps; S� I � 1 iY � 3T`'I ••I NCI��W�� ��o�� I .fr.�'� i � �j II F;� �IIIIIIP1lfliii � I (o° I /rxwrm6� � r r��• � —,.I--ram C. Conceptual Landscape Plan(dated: 10/5/23) Fi a a � Ntlld 3dtlO$UNtlI W "� � OHtlOI'NtlIOItl3W �E A �« UtlOH NIINNtllIj'3 OLO£-Ntl3la tlllllfl } � C. .'�.� ^41 ml pill 411 'g 1. 8 16116 iI w cry e III _-`I%'_ a$ { 33 i# g" a S REip 0 pill Jul �� �e sl'38 oil •�. 1 i - y �i �3a � 3# a �� � 6 d •off o = 9# 3 C tr ' 4 99 ! �� � � �R� • L ff } Ill; $1 l��� NOR L 1 + � O O � � �s: i i�•� � �a�g�'� a�' � E��a w a�s��y l , r o,.T7�IIffF Op F R'woo O ��-�'g � �s'/ rl- •. a G S v, 3f3� A� a� � �� -� ae @9 � �# �€ xa arks# az t�aEj D. Conceptual Elevations ER GI �eIPWW v�$ gg WIM��j 3OLOC pa d r y`�I o' GU� �Yyy��J MO1�1^ AAMOVA1 NY t�t 7 G G G C � �'a 3�fug55$m E. Grading Exhibit NVId 311S 1N3W311UN3 ® o ,a OHV01'NVI(MOVY s'+wsw� OVONNMN".1"30L0£-NV31a"i I 11111IIYV1,� I V �, r �. Illlllllllllllxl V1 � e � ti � � v a s1-11 £8-fix 1 o;<1T4 llllllllll11111yi I i h \ €i 3§:M a.,. �g� a4'E gaaaa Ill}lY}Yl1JJ g a III1}I}yjl{ I 1 I ;' � � � 11LIIVIy1 I 1 \ I i � v a iA, i�EN e 6 i§ z 64 Eu S 3a jlVVljl}1 I l v � i AN 41 'ss € �VVAVll�e 1 � t' s Lj 1 T O - Z I ! I � IIIIIIIII t y icy^ I !I LL s F. Staff Recommended Development Agreement Provisions The Development Agreement shall be signed by the property owner and returned to the Planning Division within six(6)months of the date of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order for the development agreement modification request. The DA shall, at minimum,incorporate the following provisions: 1. Future development of the subject property shall substantially comply with the conceptual development plans included in Section VII,the standards in the Unified Development Code, and the provisions contained herein. 2. Mufflers shall be installed on all vacuums to mitigate noise impacts on the abutting hotel use to the north. 3. Dense landscaping consisting of a mix of evergreen and deciduous trees and shrubs shall be provided along the northern boundary of the site that allows trees to touch within five(5)years of planting to mitigate noise from the proposed development to the hotel use on the abutting property to the north. 4. The hours of operation of the vehicle washing facility shall be limited from 6:00 am to 10:00 pm to mitigate noise impacts on the abutting hotel use to the north. 5. A 10-foot wide detached sidewalk shall be installed along E. Franklin Rd. on the subject property and off-site on the adjacent property to the east owned by ACHD if consent can be acquired from the property owner. 6. A 35-foot wide street buffer, measured from ultimate back of curb location, shall be provided along E. Franklin Rd., an entryway corridor; and a 10-foot wide street buffer,measured from back of sidewalk, shall be installed along N. Olson Ave., a local street. Landscaping shall be installed within these street buffers in accord with the standards listed in UDC 11-3B-7C, including enhanced landscape standards for entryway corridors(i.e. E. Franklin Rd.). 7. The future structure on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. 8. The City Council requested the Applicant check into the possibility of entering into a license agreement with ACHD for maintenance and/or improvements of/to the abutting property to the east owned by ACHD. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement between the City of Meridian and DG Boise Chinden, LLC to Accept Payment in lieu of Streetlight Installation at 1840 West Chinden Blvd. AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT 1840 WEST CHINDEN This AGREEMENT TO ACCEPT PAYMENT IN LIEU OF_INSTALLING STREETLIGHT AT GUTHRIE'S CHICKEN ("Agreement"), made this r th day of May2024 ("Effective Date") between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian, Idaho ("City"), and DG Boise Chinden, LLC, whose address is 1000 Johnson Ferry Rd Suite B-250 Marietta, GA 30068 ("Property Owner"). WHEREAS, Property Owner is the owner of Guthrie's Chicken, located at 1840 W. Chinden Blvd, in Meridian, Idaho. In the Chinden and Linder Grossing Subdivision. ("Subject Property"). WHEREAS, Property Owner is currently unable to install the required streetlight along Chinden Boulevard, because the road has not been built out to its ultimate width; and, WHEREAS, once Chinden Boulevard is widened, City is willing to install the required streetlights following Property Owner's payment to City of the estimated amount necessary to install such streetlight; WHEREAS, one of the Site-Specific Conditions of Approval of City's approval of C- NEW-2023-0009, is that Property Owner must pay City of Meridian Fourteen Thousand Dollars and Zero Cents ($14,000.00) in lieu of installing one (i) streetlight on the south side of the Subdivision, along Chinden Boulevard, 1840 W. Chinden Boulevard ("Location"). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I.COI%,Il%,IITNIENTS Bl'PROPERTY OWNER. A. Payment. By February 17, 2024, Property Owner shall pay to City Fourteen Thousand Dollars and Zero Cents ($i 4,000.00), for the installation of one (1) streetlight at Location. B. Consent to entry. Property Owner shall, and hereby does, provide to the City perpetual consent and access to enter the Subdivision for the purpose of inspecting or installing streetlights and related infrastructure. Except in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide Property Owner at least twenty- four(24) hours prior notice of such entry. Such notice may be verbal, written, or be posted at Location. II.C01 IMITNIENTS Bl'CITi'. A. Installation. City agrees to accept the amount set forth in this Agreement in lieu of requiring Property Owner to install the one (1) streetlight at Location. AGREENIEN'r To Accla,,r PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHT PAGE i B. Payment of additional expense for installation. Upon Property Owner's payment of the amount set forth herein, the requirement in C-NEW-2023-0009 to install the one (1) streetlight at Location shall be considered satisfied. City shall be responsible for any additional cost of installation of streetlights beyond the amount paid by Property Owner under this Agreement. III.GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. B. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: If to City: If to Property Owner: City of Meridian DG Boise Chinden, LLC City Clerk 1000 Johnson Ferry Rd Suite B-250 33 E. Broadway Ave. Marietta, GA 30068 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. C. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. D. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. E. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, in/er aliu, any default, termination, or forfeiture of this Agreement. F. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions,and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements,conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. G. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term AGREENn.N'r To Acci.rr PAYMENT IN LIEU OF INSTALLATION OF STacE'n.iGUT PAGE 2 of this Agreement shall not constitute a waiver or relinquishment of any Pa►-ty's right to thereafter enforce such term, and any right or remedy hereunder may be asset-ted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's o►•dinances appertaining to streetlight installation and maintenance, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set fo►•th fully herein. I. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. J. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such pa►ly and is a valid and binding obligation upon the persons of- entity signing this Agreement. K. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the Effective Date first above written. Prop ty Owner: DG oise Chinden, LLC Matthew Dalhauser CITY OF MERIDIAN: Attest: Robert E. Simison 5-14-2024 Chris Johnson 5-14-2024 Mayor City Clerk AGREENIEM,To AccEvT PAYMENT IN LIEU OF INSTALLATION OF ST11E►:TL►c►rr PAGE 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of AIA A133 Construction Management Agreement for Pre- Construction Services with Kreizenbeck LLC for the Not-To-Exceed FY24 amount of$15,000.00 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 5/7/2024 Presenter: N/A- Consent Estimated Time: N/A- Consent Topic: Approval of AIA A133 Construction Management Agreement for Pre-Construction Services with Kreizenbeck LLC for the Not-To-Exceed FY24 amount of$15,000.00. Recommended Council Action: Approval of AIA A133 Construction Management Agreement for Pre-Construction Services with Kreizenbeck LLC for the Not-To-Exceed FY24 amount of$15,000.00. Background: This project is currently in design and these funds are for pre-construction services. Additions and Deletions Report for AIA®Document A1330- 2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:39:56 ET on 04/29/2024. PAGE 1 AGREEMENT made as of the 12th day of April in the year 2024 City of Meridian 33 East Broadway Avenue Meridian,ID 83642 Kreizenbeck LLC,dba Kreizenbeck Constructors 213 E.381h Street Garden City,ID 83714 Telephone:208-3 3 6-9500 Meridian Police Station Reroof&RTU Replacement Project 1401 E.Watertower Street Meridian,ID 83642 Lombard Conrad Architects 472 W.Washington Street Boise,ID 83702 208-345-6677 PAGE 2 Preconstruction and Construction Phase CM/GC services for the Meridian Police Station Reroof and RTU Replacement Project Existing Building PAGE 3 T.B.D Fall 2024 Additions and Deletions Report for AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) Spring 2025 T.B.D T.B.D None None T.B.D Stacy Redman 33 East Broadway Avenue Meridian,ID 83642 Telephone: 208-489-03 74 Email: sredman(a)meridiancit.�org None PAGE 4 Geet€ehnie-al£ag-iaeef= .2 E;.il En-* e- .3 Other, T.B.D Additions and Deletions Report for AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 2 produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) Lombard Conrad Architects Project Manager-TBD 472 W.Washington Street Boise,ID 83702 208-345-6677 Email: T.B.D Mike Berard 213E381hST Garden City,ID 83714 Telephone:208-336-9500 Mobile:208-941-3199 Email:mberardAkreizenbeck.com § 1.1.13 The Owner's requirements for the Gonstmetion Manager's staffing plan for Preeonstmetion S required under Section 3.1.-9-.- § 1.1.15 Other initial information on which this Agreement is based: PAGE 6 between the Constmetion Manager's eost estimates and the Arehiteet's oost estimates,the Gonstruetion Manager and— the Architect shall work together to reconcile the cost estimates. § 3.1.9 The Construetion Manager shall provide a staffing plan for-Pr-eee-B-4—metio-n--Phase seFviees for-the Owner-'s review ,a approval. § 3.1.10 if the Owner identified a Sustainable Objective in Article 1,the Construction Manager shall filifill its Weeenstpaefieft Phase responsibilities as r-eVir-ed in AIA Deeumen4 E23 4 TM 2019, Sustainable Pfej eets Exhibit, PAGE 7 None PAGE 10 Additions and Deletions Report for AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 3 produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) The lump sum Pre Construction Services fee shall be fixed at$15,000.00 §5.1.2 The houfly billing fates for-Preeenstnaetion Phase sen4ees of the GenstFuetien Manager and the Gaastl=uetien Manager-'s Consultants and Subeentr-aeter-s,if any,afe set forth below. (If appheable- attaeh an exhibit of hau,-4,billing rates or insert theni below-.� § 5.1.2 If the Preconstruction Phase services covered by this Agreement have not been completed within Twelve ( 12 )months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. Rate Gonstruetion Manager,as required by law of eolleetive bar-gaining agfeements,for-t I . I 5.1.2.1 Hettr-ly billing rates for-Pr-eeeastf:uetian Phase sen4ees ifieltide all eests to be paid er-inetiffed by the assessments and benefits and,for personnel not eovered by collective b — . . — — ments,eustomary benefits sti as sick leave,medical and health benefits,holidays,vacations and pensions,and shall remain unchanged tmiess the § 5.1.3 ifthe Pfeconstfuetion Phase sefviees eavefed by this Agreement have not been eefflpleted wi4iin menths eaffipeasa4iefi for-Pr-eeenstizuetiefi Phase seFviees shall be eqtiitably adjusted. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid Thy(30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. Zero % Interest rate shall be 0 5.25%of the Cost of the Work as defined in Article 7. 5.25%of the Cost of the Work as defined in Article 7. Limitations of Subcontractors overhead and profit will be 15% § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed One Hundred percent( 100 %)of the standard rental rate paid at the place of the Project. PAGE 11 None None Additions and Deletions Report for AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 4 produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) ** The final scope of work and the GMP will be determined at a future date as the scope is defined and the Construction Documents are completed. PAGE 12 Project Manager,Project Engineer,and Project Coordinator PAGE 13 7.6.12 See Reimbursable Expense Matrix,Attachment A PAGE 15 § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the 5th day of the following month.If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Thy( 30 )days after the Architect receives the Application for Payment. PAGE 17 Retainaize shall be 5% PAGE 18 Zero %Interest rate shall be 0% PAGE 19 r i b n 15 of AIA D '7 r�Aivrt�ti6ir-^p'crrS�h'H�t te�tiE�€T��r�-crrrvvEHii�ei}t�2�1��1T [—]—X Litigation in a court of competent [ ]Other-:�neeifir' if the Owner and Construction Manager do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in jurisdictions PAGE 20 There shall be no termination fee,but the Owner shall pay the Construction Manager in accordance with Article 14.4.3 of AIA Document A201-2017. PAGE 21 § 14.3.1.1 GewAner-eiai Gener-al Liabih4ywith pehey lifnits ofnet less than I($ )for-eaek eeetiffenee and ($ )-in the a ega4e f 1...dily and p rei4y d hige.The insurance limits for commercial General Liability, Automobile Liability,Workers' Compensation,and Professional Liability shall be as follows: Type of insurance Limit of liability _ Worker's Compensation: a) State:Idaho Statutory bLPplicable Federal Statutory c) Employer's Liability $100,000 Per Accident Additions and Deletions Report for AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 5 produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) $500,000 Disease,Policy Limit 100 000 Disease,Each Employee Comorehensive or Commercial General Liability: a, Bodily Injury and Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate b) Products and Completed Operations: $2,000,000 Aggregate c, Property Damage Liability Insurance shall provide X,C,U Coverage (explosion,collapse,and underground damage) PersonalIniury: $1,000,000 Occurrence $2,000,000 Aggregate Business Automobile Liability(including: owned,non-owned and hired vehicles): a) Combined Single Limit: $1,000,000 Each Accident Professional Liability $1,000,000 § 14.3.1.2 Automobile Liability eever-ing vehieles owned,and non evmed vehicies used,by the Gefistnaefien Ma-nagef with pohey lifnits of fiet less than ($ )pef aeeident for bodily it�ufy,death of any per-son,and pr-epefty damag-e afising eu4 of the ownefship,main4ena-aee and use ef these fneter-vehieles,aleng with any other-statutorily r-equir- .*,.mebile^ Additional Insured Obligations.To the fullest extent permitted by law,the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.3 The Construction Manager may aehieve the required limits and^ ^for Gew_%er-eial General r iabi ty and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided that stiek primary and exeess or umbr-eila liability insufance peheies result in the same or greater eaver-age as the cover-ages required under Seetions 14.3.1.1 and 14.3.1.2,and in no even4 shall any exeess or-umbr-ella liability insufanee provide only.1..-etigh the aetual paymet4 by the•nder-154ag i ^ &.shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. § 14.3.1.4 Wor-kefs'Cempensation at statutefy lifnits and Employers Liability with pokey lifaits not less tha-a eash aeeident,($ )eaeh employee,and ($ pokey limit. § 14.3.1.5 Professional Liability covering negligen4 acts,errofs and ofnissions in the performance of professional services,with policy limits ef not lesq_thm ($ )per claim and ($ )in the aggreg R 14.3.1.6 Other 1ASUFanGe Coverage tornots 14.3.1.7 Additional insured Obligations.To the fullest exten4 permitted by law,the Construction Manager shall eause the pr-imafy and exeess or-tHmbfelia peliees for-Commer-eial General Liability a-ad Automobile Liability to inelude the Ovvaer-as an additional instifed for-elaims ea-used in whole or-in paft by the Genstnaefien Manager's negligen4 aets of emissions.The additional inswed eever-age shall be primary and non eentfibu4er-y to any of th-e Owner's insufanee pelieies and shall apply to both engoing and eempleted oper-a4ions. Additions and Deletions Report for AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 6 produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) 3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance •with the requirements i this Seetio 14.3.4, PAGE 22 § 14.3.2.1 The Construction Manager shall provide bonds as €ertb in AIA Doe went A!33TM 2019 Exhibit R an elsewhere i the Contract D_Oeu en4s.100%Payment and Performance Bonds,based on the value of the Guaranteed Maximum Price § 14.4 ,may be given ift aeeor-danee as- otherwise sot F,-tl,below. Other provisions: §14.4.1 The hourly, billing rates for services of the Construction Manager are as follows. Em to ee or Category Rate Project Manager $110.00/Hour Superintendent $88.00/Hour Project Engineer $98.75/Hour Project Coordinator $74.00/Hour Ca enter 68/Hour §14.4.2 Note:No design work by Kreizenbeck Constructors of any kind is included or implied in this agreement. § 14.4.3 In the event of any controversy,claim,or action being filed or instituted between the parties to interpret or enforce the terms of this Agreement or arising from the breach of anY Provision hereof(whether in tort,contract,or otherwise),the prevailing party shall be entitled to receive from the other party reasonable attorneys'fees,court costs, expert witness fees and any other costs and expenses of such action and in any appeal there from. 14.5 Certifications § 14.5.1 Pursuant to Idaho Code §67-2359 and 67-2346, Contractor hereby certifies: A. That Contractor is not currently owned or operated by the government of China and will not,for the duration of this Contract, be owned or operated by the government of China. B. That Contractor is not currently engaged in,and will not for the duration of the Contract engage in,a boycott of goods or services from Israel or territories under its control. Additions and Deletions Report for AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 7 produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) .5AIA Document E203Tm 2013,Building information Modeling and Digital Data Exhibit,dated as indie hem A 0-Oh Law-E--xxxhibits: Construe tor Edition,dated., indieated below- rr�Supplementary and other Conditions of the Gentfaeti Cinrlimpn .... Twe Sate Rages .7 Otherdoetiments,if any,,listedbele PAGE 23 Keith Watts,CPPB/Procurement Manager Mike Berard,Manager Additions and Deletions Report for AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.`The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 8 produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) Certification of Document's Authenticity AIA° Document D401 TIN - 2003 I, Steffany Johnson,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:39:56 ET on 04/29/2024 under Order No.4104248084 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A133TM—2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright @ 1992 and 2003.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) AIA Document A1330 - 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 12th day of April in the year 2024 ADDITIONS AND DELETIONS: The author of this document has (In words, indicate day, month, and year.) added information needed for its BETWEEN the Owner: completion.The author may also have revised the text of the original (Name, legal status, address, and other information) AIA standard form.An Additions and Deletions Report that notes added City of Meridian information as well as revisions to the 33 East Broadway Avenue standard form text is available from Meridian,ID 83642 the author and should be reviewed.A vertical line in the left margin of this document indicates where the author and the Construction Manager: has added necessary information (Name, legal status, address, and other information) and where the author has added to or deleted from the original AIA text. Kreizenbeck LLC,dba Kreizenbeck Constructors 213 E.38t''Street This document has important legal 83714 consequences.Consultation with an Garden City,I attorney is encouraged with respect Telephone:208-336-9500 to its completion or modification. for the following Project: AIA Document A201 TM-2017, (Name, location, and detailed description) General Conditions of the Contract for Construction,is adopted in this Meridian Police Station Reroof&RTU Replacement Project document by reference. Do not use 1401 E.Watertower Street with other general conditions unless Meridian,ID 83642 this document is modified. The Architect: (Name, legal status, address, and other information) Lombard Conrad Architects 472 W.Washington Street Boise,ID 83702 208-345-6677 The Owner and Construction Manager agree as follows. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS,REBATES,AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project,as described in Section 4.1.1: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Preconstruction and Construction Phase CM/GC services for the Meridian Police Station Reroof and RTU Replacement Project § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics,such as size;location; dimensions;geotechnical reports;site boundaries; topographic surveys;traffic and utility studies;availability ofpublic and private utilities and services;legal description of the site, etc) Existing Building § 1.1.3 The Owner's budget for the Guaranteed Maximum Price,as defined in Article 6: (Provide total and, if known, a line item breakdown) Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 2 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) T.B.D § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Fall 2024 .2 Construction commencement date: Spring 2025 .3 Substantial Completion date or dates: T.B.D .4 Other milestone dates: T.B.D § 1.1.5 The Owner's requirements for accelerated or fast-track scheduling,or phased construction,are set forth below: (Identify any requirements for fast-track scheduling or phased construction) None § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) None § 1.1.6.1 If the Owner identifies a Sustainable Objective,the Owner and Construction Manager shall complete and incorporate AIA Document E234T'&-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition, into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E234-2019 is incorporated into this agreement,the Owner and Construction Manager shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identijy special characteristics or needs of the Project not provided elsewhere) T.B.D § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information) Stacy Redman 33 East Broadway Avenue Meridian,ID 83642 Telephone:208-489-03 74 Email: sredman@meridiancity.org § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other contact information.) None Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 3 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) (Paragraphs deleted) T.B.D § 1.1.11 The Architect's representative: (List name, address, and other contact information) Lombard Conrad Architects Project Manager-TBD 472 W.Washington Street Boise,ID 83702 208-345-6677 Email: T.B.D § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information) Mike Berard 213 E 381h ST Garden City,ID 83714 Telephone: 208-3 36-9500 Mobile:208-941-3199 Email:mberard@kreizenbeck.com (Paragraphs deleted) § 1.2 The Owner and Construction Manager may rely on the Initial Information.Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Construction Manager shall appropriately adjust the Project schedule,the Construction Manager's services,and the Construction Manager's compensation.The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days'prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.If anything in the other Contract Documents,other than a Modification,is inconsistent with this Agreement,this Agreement shall govern.An enumeration of the Contract Documents,other than a Modification,appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 4 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) the interests of the Owner to furnish efficient construction administration,management services,and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Owner agrees to furnish or approve,in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase,AIA Document A20 1 Tm--2017,General Conditions of the Contract for Construction,shall apply as follows: Section 1.5,Ownership and Use of Documents; Section 1.7,Digital Data Use and Transmission; Section 1.8,Building Information Model Use and Reliance; Section 2.2.4,Confidential Information; Section 3.12.10,Professional Services; Section 10.3,Hazardous Materials; Section 13.1,Governing Law.The term "Contractor"as used in A201-2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase,the general conditions of the contract shall be as set forth in A201-2017,which document is incorporated herein by reference.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2,and in the applicable provisions of A201-2017 referenced in Section 2.3.1.The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3.The Owner and Construction Manager may agree,in consultation with the Architect,for the Construction Phase to commence prior to completion of the Preconstruction Phase,in which case,both phases will proceed concurrently.The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services.The Owner and Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of services and information furnished by the Construction Manager.The Construction Manager,however,does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price.The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program,schedule and construction budget requirements,each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress,coordination,and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials,building systems,and equipment.The Construction Manager shall also provide recommendations to the Owner and Architect,consistent with the Project requirements,on constructability;availability of materials and labor;time requirements for procurement,installation and construction;prefabrication;and factors related to construction cost including,but not limited to,costs of alternative designs or materials,preliminary budgets,life-cycle data,and possible cost reductions.The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project,using AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 5 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified,the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance.The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's services,other Owner consultants' services,and the Owner's responsibilities;and identify items that affect the Project's timely completion.The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal;components of the Work;times of commencement and completion required of each Subcontractor; ordering and delivery of products,including those that must be ordered in advance of construction;and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager,in consultation with the Architect,shall provide recommendations with regard to accelerated or fast-track scheduling,procurement,and sequencing for phased construction.The Construction Manager shall take into consideration cost reductions,cost information,constructability,provisions for temporary facilities,and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare,for the Architect's review and the Owner's approval,preliminary estimates of the Cost of the Work or the cost of program requirements using area,volume,or similar conceptual estimating techniques.If the Architect or Construction Manager suggests alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation,and market conditions,until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work.The estimate shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget,and make recommendations for corrective action. (Paragraph deleted) § 3.1.7 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules,for the Architect's review and the Owner's approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment,materials,services,and temporary Project facilities. (Paragraphs deleted) § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14,the Construction Manager shall provide a subcontracting plan,addressing the Owner's requirements,for the Owner's review and approval. § 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement The Construction Manager shall prepare,for the Architect's review and the Owner's acceptance,a procurement schedule for items that must be ordered in advance of construction.The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction.If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,the Owner shall procure the items on terms and Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 6 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) conditions acceptable to the Construction Manager.Upon the establishment of the Guaranteed Maximum Price,the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities applicable to its performance under this Contract,and with equal employment opportunity programs,and other programs as may be required by governmental and quasi-governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager,or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc) None § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review,and the Owner's acceptance.The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work,the Construction Manager's contingency described in Section 3.2.4,and the Construction Manager's Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development,the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope,systems,kinds and quality of materials,finishes,or equipment,all of which,if required,shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which shall include the following: .1 A list of the Drawings and Specifications,including all Addenda thereto,and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal,including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price,including a statement of the estimated Cost of the Work organized by trade categories or systems,including allowances;the Construction Manager's contingency set forth in Section 3.2.4;and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based;and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal,the Construction Manager shall include a contingency for the Construction Manager's exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal.In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis,or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal,the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager.Following acceptance of a Guaranteed Maximum Price,the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement,a copy of which the Owner shall provide to the Architect.The Guaranteed Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 7 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment,unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment.The Owner shall promptly furnish such revised Contract Documents to the Construction Manager.The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales,consumer,use and similar taxes for the Work provided by the Construction Manager that are legally enacted,whether or not yet effective,at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201-2017,the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or,prior to acceptance of the Guaranteed Maximum Price proposal,by written agreement of the parties.The written agreement shall set forth a description of the Work to be performed by the Construction Manager,and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,progress, coordination,scheduling,and status of the Work.The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment,the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201-2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project.On a monthly basis,or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and Architect,showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep,and make available to the Owner and Architect,a daily log containing a record for each day of weather,portions of the Work in progress,number of workers on site,identification of equipment on site, problems that might affect progress of the work,accidents,injuries,and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work,including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect,and shall provide this information in its monthly reports to the Owner and Architect,in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness,regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,constraints,and criteria,including Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 8 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) schedule,space requirements and relationships,flexibility and expandability,special equipment,systems,sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.After execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Article 7,(2)the Owner's other costs,and(3)reasonable contingencies related to all of these costs.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests,inspections,and reports,required by law and as otherwise agreed to by the parties, such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade, including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner,when such services are requested,shall furnish services of geotechnical engineers,which may include test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials, seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234TM-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project.The Owner's representative shall render decisions promptly and furnish information expeditiously,so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1 of A201-2017,the Architect does not have such authority. The term"Owner"means the Owner or the Owner's authorized representative. § 4.2.1 Legal Requirements.The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 9 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 4.3 Architect The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B 133T1`-2019, Standard Form of Agreement Between Owner and Architect,Construction Manager as Constructor Edition,including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement.The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect,and any further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2,the Owner shall compensate the Construction Manager as follows: The lump sum Pre Construction Services fee shall be fixed at$15,000.00 (Paragraphs deleted) § 5.1.2 If the Preconstruction Phase services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. (Paragraphs deleted) (Table deleted) § 5.2 Payments § 5.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid Thirty (30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon) Zero % Interest rate shall be 0 ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment.The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) 5.25%of the Cost of the Work as defined in Article 7. § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: 5.25%of the Cost of the Work as defined in Article 7. § 6.1.4 Limitations,if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Limitations of Subcontractors overhead and profit will be 15% § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed One Hundred percent( 100 %)of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any) Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 10 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) None § 6.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum) None § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment,subject to additions and deductions by Change Order as provided in the Contract Documents.Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. ** The final scope of work and the GMP will be determined at a future date as the scope is defined and the Construction Documents are completed. § 6.3 Changes in the Work § 6.3.1 The Owner may,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions.The Owner shall issue such changes in writing.The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201-2017,General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201-2017,as they refer to"cost" and"fee,"and not by Articles 6 and 7 of this Agreement.Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price,the terms "cost"and"costs"as used in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term"fee" shall mean the Construction Manager's Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager's Fee in the case of changes in the Work,or if the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager,the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. § 7.1.2 Where,pursuant to the Contract Documents,any cost is subject to the Owner's prior approval,the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project,except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 11 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 7.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site and performing Work,with the Owner's prior approval. § 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative personnel when performing Work and stationed at a location other than the site,but only for that portion of time required for the Work,and limited to the personnel and activities listed below: (Identijy the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) Project Manager,Project Engineer,and Project Coordinator § 7.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or while traveling,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Construction Manager,as required by law or collective bargaining agreements,for taxes,insurance,contributions,assessments and benefits and,for personnel not covered by collective bargaining agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs,in lieu of actual costs,are provided in this Agreement,the rates shall remain unchanged throughout the duration of this Agreement,unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs,including transportation and storage at the site,of materials and equipment incorporated,or to be incorporated,in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials,if any,shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Construction Manager.Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation,storage,installation,dismantling,maintenance,and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work.Costs of materials, supplies,temporary facilities,machinery,equipment,and tools,that are not fully consumed,shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities,machinery,equipment,and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site,and the costs of transportation, installation,dismantling,minor repairs,and removal of such temporary facilities,machinery,equipment,and hand tools. Rates and quantities of equipment owned by the Construction Manager,or a related party as defined in Section 7.8,shall be subject to the Owner's prior approval.The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager's site office,including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,subject to the Owner's prior approval. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 12 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self-insurance,for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager,with the Owner's prior approval. § 7.6.2 Sales,use,or similar taxes,imposed by a governmental authority,that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit,and for other permits,licenses,and inspections,for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents;except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201-2017 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design,process, or product,required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents,payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims,and payments of settlements made with the Owner's consent,unless the Construction Manager had reason to believe that the required design,process,or product was an infringement of a copyright or a patent,and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017.The costs of legal defenses,judgments,and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services,electronic equipment,and software,directly related to the Work and located at the site,with the Owner's prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal,mediation and arbitration costs,including attorneys'fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 7.6.10 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work,with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. §7.6.12 See Reimbursable Expense Matrix,Attachment A § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work,with the Owner's prior approval. Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 13 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 7.7.2 Costs incurred in taking action to prevent threatened damage,injury,or loss,in case of an emergency affecting the safety of persons and property,as provided in Article 10 of AIA Document A201-2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors,or suppliers,provided that such damaged or nonconforming Work was not caused by the negligence of,or failure to fulfill a specific responsibility by,the Construction Manager,and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties,Subcontractors,suppliers,or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work,notwithstanding any provision of AIA Document A201-2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs,unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8,the term"related party" shall mean(1)a parent,subsidiary,affiliate,or other entity having common ownership of,or sharing common management with,the Construction Manager;(2)any entity in which any stockholder in,or management employee of,the Construction Manager holds an equity interest in excess of ten percent in the aggregate;(3)any entity which has the right to control the business or affairs of the Construction Manager; or(4)any person,or any member of the immediate family of any person,who has the right to control the business or affairs of the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred.If the Owner,after such notification,authorizes the proposed transaction in writing,then the cost incurred shall be included as a cost to be reimbursed,and the Construction Manager shall procure the Work,equipment,goods,or service,from the related party,as a Subcontractor,according to the terms of Article 9.If the Owner fails to authorize the transaction in writing,the Construction Manager shall procure the Work,equipment,goods,or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office,except as specifically provided in Section 7.2,or as may be provided in Article 14; .2 Bonuses,profit sharing,incentive compensation,and any other discretionary payments,paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,unless the Owner has provided prior approval; .3 Expenses of the Construction Manager's principal office and offices other than the site office; .4 Overhead and general expenses,except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager's capital expenses,including interest on the Construction Manager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement,costs due to the negligence of,or failure to fulfill a specific responsibility of the Contract by,the Construction Manager,Subcontractors,and suppliers,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded;and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1)before making the payment,the Construction Manager included the amount to be paid,less such discount,in an Application for Payment and received payment from the Owner,or(2)the Owner has deposited funds with the Construction Manager with which to make payments;otherwise,cash discounts shall accrue to the Construction Manager.Trade discounts, rebates,refunds,and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be obtained. Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 14 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager.The Owner may designate specific persons from whom,or entities from which,the Construction Manager shall obtain bids.The Construction Manager shall obtain bids from Subcontractors,and from suppliers of materials or equipment fabricated especially for the Work,who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents.The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept.The Owner then has the right to review the Construction Manager's list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1,to object to any subcontractor or supplier.Any advice of the Architect,or approval or objection by the Owner,shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents.The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier(1)is recommended to the Owner by the Construction Manager;(2)is qualified to perform that portion of the Work;and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted,then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval.If a subcontract is awarded on the basis of cost plus a fee,the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work,and exercise such controls,as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Construction Manager's records and accounts,including complete documentation supporting accounting entries,books,job cost reports,correspondence,instructions,drawings,receipts,subcontracts,Subcontractor's proposals, Subcontractor's invoices,purchase orders,vouchers,memoranda,and other data relating to this Contract.The Construction Manager shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager,and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum,to the Construction Manager,as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month,the Owner shall make payment of the amount certified to the Construction Manager not later than the 5th day of the following month.If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certified shall be made by the Owner not later than Thirty ( 30 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 15 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 11.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,plus payrolls for the period covered by the present Application for Payment,less that portion of the progress payments attributable to the Construction Manager's Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1)the various portions of the Work;(2)any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order;and(3)the Construction Manager's Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values,the Construction Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed,or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment,by(b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or,if approved in writing in advance by the Owner,suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified;and .4 The Construction Manager's Fee,computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier,unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017; Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 16 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) .5 The shortfall,if any,indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Retainage shall be 5% § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc) § 11.1.8.2 Reduction or limitation of retainage,if any,shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work,insert provisions for such modification) § 11.1.8.3 Except as set forth in this Section 11.1.8.3,upon Substantial Completion of the Work,the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner's audit and reconciliation, upon Substantial Completion) §11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager,the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 11.1.10 Except with the Owner's prior written approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors,and the percentage of retainage held on Subcontracts,and the Construction Manager shall execute subcontracts in accordance with those agreements. § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager,and such action shall not be deemed to be a representation that(1)the Architect has made a detailed examination,audit,or arithmetic verification,of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2)that the Architect has made exhaustive or continuous on-site inspections;or(3)that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits,and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract,except for the Construction Manager's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements,if any,which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment;and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 17 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work,the Owner shall,within 10 days after completion of the audit, submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1,or receipt of notice that the Owner will not conduct an audit,and provided that the other conditions of Section 11.2.1 have been met,the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Article 9 of AIA Document A201-2017.The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201-2017.The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 11.2.2.3 If the Owner's auditors'report concludes that the Cost of the Work,as substantiated by the Construction Manager's final accounting,is less than claimed by the Construction Manager,the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017.A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment.Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager.Pending a final resolution of the disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: § 11.2.4 If,subsequent to final payment,and at the Owner's request,the Construction Manager incurs costs,described in Sections 7.1 through 7.7,and not excluded by Section 7.9,to correct defective or nonconforming Work,the Owner shall reimburse the Construction Manager for such costs,and the Construction Manager's Fee applicable thereto,on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price.If adjustments to the Contract Sum are provided for in Section 6.1.7,the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) Zero %Interest rate shall be 0% ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201-2017.However,for Claims arising from or relating to the Construction Manager's Preconstruction Phase services,no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution,and Section 12.1.2 of this Agreement shall not apply. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017 for Claims arising from or relating to the Construction Manager's Construction Phase services,unless the parties appoint below another individual,not a party to the Agreement,to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 18 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 12.2 Binding Dispute Resolution For any Claim subject to,but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Paragraphs deleted) X Litigation in a court of competent (Paragraphs deleted) jurisdictions ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price,the Owner may terminate this Agreement upon not less than seven days'written notice to the Construction Manager,and the Construction Manager may terminate this Agreement,upon not less than seven days'written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1,the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination,in accordance with the terms of this Agreement.In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment,the Owner may terminate this Agreement upon not less than seven days'written notice to the Construction Manager for the Owner's convenience and without cause,and the Construction Manager may terminate this Agreement,upon not less than seven days'written notice to the Owner,for the reasons set forth in Article 14 of A201-2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3,the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows,which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion;and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 13,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders.All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts,purchase orders or rental agreements as described above,the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase order or rental agreement,if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated.If the Owner chooses not to accept assignment of any subcontract,purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated,the Construction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 19 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with t the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201-2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017,the amount,if any,to be paid to the Construction Manager under Article 14 of AIA Document A201-2017 shall not cause the Guaranteed Maximum Price to be exceeded,nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee,computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or,if the Construction Manager' Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract the costs and damages incurred,or to be incurred,by the Owner under Article 14 of AIA Document A201-2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 13,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or method for determining the fee, if any,payable to the Construction Manager following a termination for the Owner's convenience) There shall be no termination fee,but the Owner shall pay the Construction Manager in accordance with Article 14.4.3 of AIA Document A201-2017. § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017;in such case,the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201-2017,except that the term"profit" shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017.Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager,respectively,bind themselves,their partners,successors,assigns and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 14.2.2 of this Agreement,and in Section 13.2.2 of A201-2017,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 20 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) §14.2.2 The Owner may,without consent of the Construction Manager,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents.The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement.If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains,the Owner shall reimburse the Construction Manager for any additional cost. § 14.3.1.1 The insurance limits for commercial General Liability,Automobile Liability,Workers' Compensation,and Professional Liability shall be as follows: Type of insurance Limit of liability Worker's Compensation: a) State:Idaho Statutory b) Applicable Federal Statutory c) Employer's Liability $100,000 Per Accident $500,000 Disease,Policy Limit $100,000 Disease,Each Employee Comprehensive or Commercial General Liability: a) Bodily Injury and Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate b) Products and Completed Operations: $2,000,000 Aggregate c) Property Damage Liability Insurance shall provide X,C,U Coverage (explosion,collapse,and underground damage) Personal Injury: $1,000,000 Occurrence $2,000,000 Aggregate Business Automobile Liability(including: owned,non-owned and hired vehicles): a) Combined Single Limit: $1,000,000 Each Accident Professional Liability $1,000,000 § 14.3.1.2 Additional Insured Obligations.To the fullest extent permitted by law,the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.3 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment,the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133T'4--2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,Exhibit B,Insurance and Bonds,and elsewhere in the Contract Documents. Init. AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 21 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) § 14.3.2.1 The Construction Manager shall provide 100%Payment and Performance Bonds,based on the value of the Guaranteed Maximum Price § 14.4 (Paragraphs deleted) Other provisions: §14.4.1 The hourly billing rates for services of the Construction Manager are as follows: Employee or Category Rate Project Manager $110.00/Hour Superintendent $88.00/Hour Project Engineer $98.75/Hour Project Coordinator $74.00/Hour Carpenter $68/Hour (Paragraphs deleted) §14.4.2 Note:No design work by Kreizenbeck Constructors of any kind is included or implied in this agreement. § 14.4.3 In the event of any controversy,claim,or action being filed or instituted between the parties to interpret or enforce the terms of this Agreement or arising from the breach of any provision hereof(whether in tort,contract,or otherwise),the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees,court costs, expert witness fees and any other costs and expenses of such action and in any appeal there from. § 14.5 Certifications § 14.5.1 Pursuant to Idaho Code§§67-2359 and 67-2346, Contractor hereby certifies: A. That Contractor is not currently owned or operated by the government of China and will not,for the duration of this Contract, be owned or operated by the government of China. B. That Contractor is not currently engaged in,and will not for the duration of the Contract engage in,a boycott of goods or services from Israel or territories under its control. ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 AIA Document A133TM-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A133TM-2019,Exhibit A,Guaranteed Maximum Price Amendment,if executed .3 AIA Document A133TM-2019,Exhibit B,Insurance and Bonds .4 AIA Document A201TM-2017,General Conditions of the Contract for Construction .5 (Paragraphs deleted) This Agreement is entered into as of the day and year first written above. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:39:56 ET on 22 04/29/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) NER(Signature) CONSTRUCTION MANAGER(Signature) Keith Watts, CPPB/Procurement Manager Mike Berard,Manager (Printed name and title) (Printed name and title) Init. AIA Document A133—2019.Copyright©1991.2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects This document was produced at 18:39:56 ET on 23 04/26/2024 under Order No.4104246064 which expires on 12/26/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with I the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2035565431) Kreizenbeck Constructors Attachment A Reimbursable Expense Matrix Kreizenbeck Constructors-Reimbursable Expenses Included Reimbursable in Fee Expenses Office Personnel President x Construction Manager x Estimating x Contract Administrator x Accountin x Administrative Assistant x Direct Relmbursables Project Manager x Superintendent x Project Engineer I I x Assistant Superintendent/Foreman x Project Coordinator x Carpenter x General Liability Insurance x Professional Liability Insurance x Pa ment and Performance Bonds x Permits/Fees x Small Tools&Fasteners x Misc. General Conditions x Layout, En Ind eering &Survepnng x Administrative-Printing Costs x Bid Expense Inc. Printin x Federal Express/Mailing x 'rem ora Power x Temporary Electricity x [Temporary Lighting x Temporary Water x Temporary Toilet x Temporary Heat/Winter Conditions x Temporary Phone&Internet x �emporary Fire Protection x Safety x First Aid Supplies x Temporary Fencing/Barricades x Traffic Control x ISecurity x NOI/SWPPP I Erosion Control x Project Sin x Job Office(with Mob/De-mobl x Job Office Supplies x Final Clean-up x Progressive Clean-up x Trash Haul-Off x Close-out, Warranty,O&M Manuals x Commissioning x Other Reimbursables as Needed x www.kreizenbeck.com 213 E 38TH STREET ■ GARDEN CITY, IDAHO 83714 ■ 208.336.9500 ICR No. RCE-764 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of AIA B133 Design Agreement for Architecture Services for the PD Roof& RTU Replacement project with LCA Architects, Inc. for the Not-To-Exceed amount of $79,475.00.00 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 5/7/2024 Presenter: N/A- Consent Estimated Time: N/A- Consent Topic: Approval of AIA B133 Design Agreement for Architecture Services for the PD Roof& RTU Replacement project with LCA Architects, Inc. for the Not-To-Exceed amount of $79,475.00.00. Recommended Council Action: Approval of AIA B133 Design Agreement for Architecture Services for the PD Roof& RTU Replacement project with LCA Architects, Inc. for the Not-To-Exceed amount of$79,475.00.00. Background: Legal has reviewed and commented on legislation. AIA Document B1330 - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Twenty-fifth day of April in the year Two Thousand Twenty-four ADDITIONS AND DELETIONS: (In words, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Architect's client identified as the Owner: completion.The author may also (Name, legal status, address, and other information) have revised the text of the original AIA standard form.An Additions and City of Meridian Deletions Report that notes added Public Works Department information as well as revisions to the 33 E.Broadway Avenue standard form text is available from Meridian,Idaho 83642 the author and should be reviewed.A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or and the Architect: deleted from the original AIA text. (Name, legal status, address, and other information) This document has important legal consequences.Consultation with an Lombard Conrad Architects,Inc. attorney is encouraged with respect 472 W.Washington Street to its completion or modification. Boise,Idaho 83702 This document is intended to be used in conjunction with AIA Documents A201-2017TM",General Conditions of the Contract for Construction; A133-2019M Standard Form of for the following Project: Agreement Between Owner and (Name, location, and detailed description) Construction Manager as Constructor where the basis of Meridian Police Department Re-Roof and Mechanical Rooftop Unit Replacement payment is the Cost of the Work Plus 33 E.Broadway Avenue a Fee with a Guaranteed Maximum Meridian,Idaho 83642 Price;and Al34-2019TM^ Standard Form of Agreement Between Owner L/C Project No 24010.01 and Construction Manager as Constructor where the basis of The existing TPO roof on the Meridian Police Department's building has reached the end payment is the Cost of the Work Plus of its service life and is experiencing leaks. With this project,the existing roofing system a Fee without a Guaranteed will be removed down to the metal roof deck and a new roofing system will be installed. Maximum Price.AIA Document A201 T/-2017 is adopted in this The original rooftop mechanical units are also reaching the end of their service life. Two document by reference.Do not use units have already been replaced and three new units were added for additional capacity with other general conditions unless later. The remaining fifteen original RTUs will be replaced as part of this project. We are this document is modified. to provide design to reuse curbs where possible or, if needed,replace curbs as part of the re-roof project with the new units.We will review the sizing of the existing ductwork and up size the existing units if allowed by current ductwork sizes to add as much cooling to the building as possible without major ductwork modifications. Included is gas piping revisions,reselection of equipment,condensate removal and power connections. New heat trace will be added to all roof drain and overflow drain assemblies. Init. AIA Document 13133—2019.Copyright©2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract I Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) One(1)City Council meeting presentation is included in the Phase 1 services. The design services for this project will be divided into two separate phases. Phase 1 includes Schematic Design,Design Development and Construction Documents. Phase 1 will commence at the signing of this contract. Phase 2 includes Bidding/Negotiation and Construction Administration. The City will issue a separate Notice to Proceed for Phase 2 services. Funding of the two phases of this project will be split between fiscal years. The Phase 2 amounts have not yet been appropriated by the City. Any and all additional expenditures beyond the current fiscal year MUST be approved by City Council. In the event City Council does not authorize the expenditure for the Phase 2 services,the City will be relieved of any further financial responsibility and this agreement shall be terminated. The Construction Manager(if known): (Name, legal status, address, and other information) TBD The Owner and Architect agree as follows. Init. AIA Document 13133—2019.Copyright @ 2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 2 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract I Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: Phase 1 Services: 90 days from Notice to Proceed .2 Construction commencement date: TBD 3 Substantial Completion date or dates: TBD (Paragraphs deleted) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information) Stacy Redman Facilities Project Manager City of Meridian Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 3 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract I Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) Public Works Department 33 E.Broadway Avenue Meridian,Idaho 83642 (Paragraphs deleted) § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information) Brenda Brosa Senior Project Architect Mark Heazle Principal Lombard Conrad Architects,Inc. 472 W.Washington Street Boise,Idaho 83702 (Paragraphs deleted) § 1.1.12.1 Consultants retained under Basic Services: .1 Mechanical Engineer: Cator,Ruma&Associates,Co. 420 S. Orchard Street Boise,Idaho 83705 .2 Electrical Engineer: Eidam&Associates 8727 W.Arden Street,Suite 102 (Paragraphs deleted) Boise,Idaho 83709 § 1.1.12.2 Consultants retained under Supplemental Services: Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 4 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) N/A (Paragraphs deleted) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. § 2.6.1 Commercial General Liability with policy limits of not less than One Million and 00/100 Dollars($ 1,000,000.00 )for each occurrence and One Million and 00/100 Dollars($ 1,000,000.00)in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than One Million and 00/100 Dollars($ 1,000,000.00)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.6.4 Workers' Compensation at statutory limits. § 2.6.5 Employers'Liability with policy limits not less than One Million and 00/100 Dollars($ 1,000,000.00)each accident, One Million and 00/100 Dollars($ 1,000,000.00)each employee,and One Million and 00/100 Dollars($ 1,000,000.00)policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than Two Million and 00/100 Dollars($2,000,000.00)per claim and Two Million and 00/100 Dollars($2,000,000.00)in the aggregate. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 5 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager, and the Owner's consultants. The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy, completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's review,for the Construction Manager's review,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Owner's consultants,and for approval of submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval, the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or Init. AIA Document 13133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 6 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the program,and other information furnished by the Owner and Construction Manager, and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 7 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) Development Documents for the Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Construction Manager's review and the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data, Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications,and may include sample forms. § 3.5.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services(If a Notice to Proceed is issued for Phase 2 Services) § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201Tw-2017,General Conditions of the Contract for Construction.If the Owner and Construction Manager modify AIA Document A201-2017,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 8 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.1.4 If Phase II services are not authorized by the Owner,it is understood and agreed that the Architect's Scope of Services under this Agreement will not include project observation or review of the Contractor's performance or any other construction phase services,and that such services will be provided for by the Owner.The Owner assumes all responsibility for interpretation of the Contract Documents and for construction observation and the Owner waives any claims against the Architect that may be in any way connected thereto. In addition,the Owner agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Architect,its officers,directors,employees and subconsultants(collectively,Architect)against all damages,liabilities or costs, including reasonable attorneys' fees and defense costs,arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications,clarifications, interpretations,adjustments or changes made to the Contract Documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of the Architect. If the Owner requests in writing that the Architect provide any specific construction phase services,and if the Architect agrees in writing to provide such services,then they shall be compensated for as Additional Services at our standard hourly rates. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 9 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) § 3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified. The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2,the Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information. Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 10 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to Section 4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Init. AIA Document 13133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 11 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract I Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) Supplemental Services Responsibility Architect, Owner, or notprovided) § 4.1.1.1 Assistance with Selection of Construction Manager Architect § 4.1.1.2 Programming Not Provided 4.1.1.3 Multiple Preliminary Designs Not Provided 4.1.1.4 Measured drawings Not Provided 4.1.1.5 Existing facilities surveys Not Provided 4.1.1.6 Site evaluation and planning Not Provided 4.1.1.7 Building Information Model management responsibilities Not Provided § 4.1.1.8 Development of Building Information Models for post construction use Not Provided 4.1.1.9 Civil engineering Not Provided 4.1.1.10 Landscape design Not Provided 4.1.1.11 Architectural interior design Not Provided 4.1.1.12 Value analysis Not Provided 4.1.1.13 Cost estimating Not Provided 4.1.1.14 On-site project representation Not Provided 4.1.1.15 Conformed documents for construction Not Provided 4.1.1.16 As-designed record drawings Not Provided 4.1.1.17 As-constructed record drawings Architect 4.1.1.18 Post-occupancy evaluation Not Provided 4.1.1.19 Facility support services Not Provided 4.1.1.20 Tenant-related services Not Provided 4.1.1.21 Architect's coordination of the Owner's consultants Not Provided 4.1.1.22 Telecommunications/data design Not Provided 4.1.1.23 Security evaluation and planning Not Provided 4.1.1.24 Commissioning Not Provided 4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided 4.1.1.26 Historic preservation Not Provided 4.1.1.27 Furniture,furnishings,and equipment design Not Provided 4.1.1.28 Other services provided by specialty Consultants Not Provided 4.1.1.29 Other Supplemental Services Not Provided (Paragraphs deleted) § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: Init. AIA Document 13133—2019.Copyright @ 2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 12 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract I Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) .1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings, Specifications,or other documents(as required pursuant to Section 6.7), when such revisions are required because the Construction Manager's estimate of the Cost of the Work, Guaranteed Maximum Price proposal,or Control Estimate exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and quality of materials,finishes,or equipment; .3 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or editing previously prepared Instruments of Service; .4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors,or to other Owner-authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for,and attendance at,additional public presentations,meetings or hearings; .9 Preparation for,and attendance at,a dispute resolution proceeding or legal proceeding,except where the Architect is party thereto; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or .11 Assistance to the Initial Decision Maker,if other than the Architect; .12 Services necessitated by replacement of the Construction Manager or conversion of the Construction Manager as constructor project delivery method to an alternative project delivery method; .13 Services necessitated by the Owner's delay in engaging the Construction Manager; .14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control Estimate;and .15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions included in the Guaranteed Maximum Price Amendment or Control Estimate. § 4.2.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services,notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If,upon receipt of the Architect's notice,the Owner determines that all or parts of the services are not required,the Owner shall give prompt written notice to the Architect of the Owner's determination.The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice: .1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Construction Manager's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Construction Manager from a careful study and comparison of the Contract Documents,field conditions,other Owner-provided information,Construction Manager-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders,and Construction Change Directives that require evaluation of the Construction Manager's proposals and supporting data,or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker;or .5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 13 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) .1 One ( 1 )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 Two ( 2 )visits to the site by the Architect during construction .3 One ( 1 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 )inspections for any portion of the Work to determine final completion § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within twenty-four ( 24 )months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment;systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall furnish services of geotechnical engineers,which may include test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. Init. AIA Document 13133—2019.Copyright©2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 14 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) § 5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234T'4--2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.14 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs, overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare,as an Additional Service,revisions to the Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 15 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager,revise the Project program,scopc,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1. The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6,the Architect shall,as an Additional Service,make any required revisions to the Drawings, Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights.Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations under this Agreement,including prompt payment of all sums due,pursuant to Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Construction Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section 1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses. Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 16 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate, shall require of the Construction Manager,contractors, consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. § 8.1.4 The Architect and Owner waive consequential damages for claims,disputes,or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination of this Agreement,except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 17 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Spec) If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6,if the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee) Init. AIA Document 13133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 18 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract t Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) .1 Termination Fee: 0.00 .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: N/A § 9.8 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 19 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) § 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute.The receiving party may also disclose such information to its employees, consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) Phase 1 Design Services: Fixed fee of Fifty-Nine Thousand Four Hundred Sixty and 00/100 dollars ($59,460.00). Phase 1 Expense Allowances: Fixed fee of Eight Hundred and 00/100 dollars($800.00). • One site visit by architect and engineers during Schematic Design • One site visit by architect and engineers during Construction Documents • Three sets of printed and bound drawings and specifications Phase 2 Design Services: Fixed fee of Nineteen Thousand Eight Hundred Fifteen and 00/100 dollars ($19,815.00). Phase 2 Expense Allowances: • Four site visits by architect and engineers during Construction Administration as outlined in paragraph 4.2.3: Fixed fee of Two Hundred and 00/100 dollars($200.00) (Paragraphs deleted) § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.2,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation) Additional services,if requested by Owner,shall be performed on a stipulated sum or hourly rate basis,as agreed to in writing by both parties prior to initiating additional services. § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus ten percent( 10%),or as follows: (Insert amount of, or basis for computing,Architect's consultants'compensation for Supplemental or Additional Services) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the proportion of compensation for each phase of services shall be as follows: Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 20 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) (Table deleted) Ph 1 —Schematic Design $11,890.00 Ph 1 —Design Development $15,855.00 Ph 1 —Construction Documents $31,715.00 Ph 1 —Expenses $ 800.00 Phase 1 Total $60,260.00 Ph 2—Bidding/Negotiation $ 3,960.00 Ph 2—Construction Administration $15,855.00 Ph 2—Expenses $ 200.00 Phase 2 Total $20,015.00 The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction Manager as constructor project delivery method,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. § 11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) 2024 HOURLY BILLING RATES Principal $195 Associate Principal $185 Healthcare Architect $185 Planner $185 Architect III $175 Architect II $150 Architect I $125 Interior Designer III $130 Interior Designer II $100 Interior Designer I $ 90 Project Manager $125 Senior BIM Tech $115 BIM Tech $ 90 Emerging Professional III $105 Emerging Professional II $100 Emerging Professional I $ 95 Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 21 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract I Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) Student Intern $ 60 Word Processing $ 75 The hourly rates to be used by the Architect and the Architect's Consultant will be the current hourly rates that are in place at the time services are requested of the Architect and the Architect's Consultant (Paragraphs deleted) § 11.9 Architect's Insurance.If the types and limits of coverage required in Section 2.6 are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.6, and for which the Owner shall reimburse the Architect) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of zero ($0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. (Paragraph deleted) § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid sixty-one ( 61 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) 12 % per annum § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement) §12.1 Pursuant to Idaho Code§§ 67-2359 and 67-2346,Architects hereby certifies: 1. That Architect is not currently owned or operated by the government of China and will not,for the duration of this Contract,be owned or operated by the government of China. 2. That Architect is not currently engaged in,and will not for the duration of the Contract engage in,a boycott of goods or services from Israel or territories under its control. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 22 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract t Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 133TM-2019, Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) This Agreement entered into as of the day and year first written above. OWNER(Signature) Mayor Robert E. Simison ARCHI ECT(Signature) Mark Heazle,AIA,NCARB,LEED AP Robert E. Simison, Mayor Vice-President (Printed name and title) 5-14-2024 (Printed name, title, and license number, if required) Attest: Chris Johnson, City Clerk 5-14-2024 Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 15:33:17 MT on 04/25/2024 under 23 Order No.4104243754 which expires on 07/09/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1412133445) W IDIAN� AGENDA ITEM ITEM TOPIC: Building Safety Month Proclamation Cq11 I/ItEDIANI � AHO 'Phe Office of the Mayor PROC .LA 'Al AT'TON WHEREAS, "Mission Possible,"the theme for Building Safety Month 2024, encourages us all to raise awareness about building safety on a personal, local and global scale; and, WHEREAS, each year, in observance of Building Safety Month,people from Meridian and all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property; and, WHEREAS, building, safety and fire prevention officials, architects, engineers,builders, tradespeople,design professionals, laborers, plumbers and others in the construction industry are dedicated members of the International Code Council, a nonprofit that brings together local, state,territorial,tribal and federal officials who are experts in the built environment to create and implement the highest-quality codes; and, WHEREAS, modern building codes include safeguards to protect the public from natural hazards such as snowstorms, wildland fires, floods and earthquakes; and, WHEREAS, the City of Meridian is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike. THEREFORE, I, Robert E. Simison,proclaim the week of May 2024, as But"k6ng Safety Month in the City of Meridian and encourage all citizens to join us as we participate in Building Safety Month activities and recognize those that help to strengthen our community and to protect us in the buildings where we live, work and raise our f, ' ies. Dated this 14"' day of May, 2024 Ro ert . Si son, Mayor Luke Cavener, City Council President Liz Strader, City Council Vice-President John Overton, City Council Anne Little Roberts, City Council Doug Taylor, City Council a . .l ; - ; ♦r ..y f,Yj. fit. wo qqq } 4 _ A< kl to 3 �/ y rim oflot or id- W S� iy C a � + i ; �2 { �oo-Ntolog Nott00 .: ' p oil be I rl y • : • . . . • . . . . . : . � . : • . . •to a kit r 61 ' I it it pa ff : ' ' � � : : J 4 . eewe : ,• , • r ,go glow to I p meet Go OF w w All F lot k too, a 4 ph N 'it, so , . glow • sit fool so w I • �f • • : : : IF Me 11 Is 71 it CM to Wqq ;is I* T 4 0 0 C ( CE D - : so of • . to see Otto vollorm •, • �• .lMotel be id` ` '• � t:f fr • . liiiiiii ME let , of LL : ' • • : : : 1 , ,.,.f :. :: :. : %%% � . . . .. lf . . . :r s` . . ri0r . L J \ �Yt r looldrim, Not we gold, A. to it it pit "loom 01 odwom -madmob Not, bell AM lit q, \' %NO got _ it oll J v ` E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: world Neurofibromatosis Awareness Day f IDAN IHC L 'rhe Office of the Nayor PRO C -LA .9W ATlON WHEREAS, Neurofibromatosis (NF) causes tumors to grow on nerves throughout the body which can affect development of the brain, cardiovascular system, bones and skin and affects all populations equally, regardless of race, ethnicity or gender; and, WHEREAS, The Children's Tumor Foundation leads efforts to promote and financially sponsor world-class medical research aimed at finding effective treatments and, ultimately, a cure for NF; and, WHEREAS, Patient and family support is provided by the Children's Tumor Foundation through its information resources, youth programs, and local chapter activities; and, WHEREAS, much remains to be done in raising public awareness of NF to help promote early diagnosis, proper management and treatment, prevention of complications, and support for research; and, WHEREAS, The Children's Tumor Foundation is observing May 17, 2024 as World Neurofibromatosis (NF) Awareness Day to educate the public about this rare genetic disorder. THEREFORE, I, Mayor Robert E. Simison, hereby proclaim May 17, 2024 as ^NorCd XF Awareness Day in the City of Meridian and encourage all citizens and community members to become informed and involved in the fight so we c agine a world without NF. Dated this 10' day of May, 2024 Ro ert E Si son, Mayor Luke Cavener, City Council President Liz Strader, City Council Vice-President John Overton, City Council Anne Little Roberts, City Council Doug Taylor, City Council PA v _:: ivy . . AdI Itr�sgi[ I ( �iw a , r "Nor I VI a s f r , I ; f lI i •• � .L a - _ / SHINE q NF �'locTs a — - B FIGHTER " �' /� N ' �I . 01/ / CNKDF[N'S TUMdN FOl1MDA�1pq , L wkK A FIGHTER, - - T 7 - ee Al *� ►� , + -, g _ �+ 1. _ - - . . � ` `' .� r - 4 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works Week Proclamation E I IL N U A t-t the Office of the _%layor PROC .LANATION WHEREAS, City of Meridian residents have peace of mind with every faucet turned on, shower taken, and toilet flushed, thanks to the professional employees of the Meridian Public Works team; and, WHEREAS, each often unseen essential worker - engineer, inspector, operator, technician - is committed to protecting our health, safety, environment, and quality of life through the 24/7 supply and distribution of clean safe water, efficient collection and treatment of wastewater, and management of solid waste; and, WHEREAS, the Meridian Public Works Department educates the community about the work they do through informative and engaging public outreach; and, WHEREAS, "Advancing the Quality of Life for All" is the theme for the 2024 National Public Works Week and it represents the often unseen, steadfast and heroic efforts put forth by the public works professionals across North America. THEREFORE, I, Robert E. Simison, proclaim the week of May 19th—25th, 2024, as i4eridian Public ^Norks 'Week in the City of Meridian, and call upon all citizens and civic organizations to acquaint themselves with and to recognize the substantial contributions which public works employees make every day to our health, s , comfort, and quality of life. Dated this 14`l' day of May, 2024 o E im son, Mayor I Luke Cavener, City Council President Liz Strader, City Council Vice-President John Overton, City Council Anne Little Roberts, City Council Doug Taylor, City Council 4 11 IF < < W �y ryy,11 ^p4 N J� r _ s. lk le M r � a r } rI Y+, W L lip y11 I off, I sit I 'A _ -�• � fl a l� low FFFF ofr lol� � ' • • • - • .w..�T ROCC S .RI -a Tjo ••�trrldlml �Qc lYm4s heeF if��: E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i i CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: May 14, 2024 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic C� E IDIAN Planning and Zoning Department Presentation and Outline Changes to Agenda: Item #: Rosalyn Subdivision (H-2023-0056) Application(s): Annexation Combined Preliminary/Final Plat Size of property, existing zoning, and location: This site consists of 0.733 acres of land, a small portion of ROW-zoned RUT, and the larger piece of property is zoned R-8, located at 200 E. Rosalyn Drive. History: Short Plat H-2023-0092; ROW Vacation Instrument #2023-034331 Comprehensive Plan FLUM Designation: Low-Density Residential (LDR) This designation is intended to allow for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. This property was annexed in 2005 with and R-8 zone and granted approval for a step-up in density which was allowed under the previous Comprehensive Plan. This policy was removed from the Comprehensive Plan with the 2019 update. Summary of Request: The Applicant proposes to annex 0.014 of an acre of land with an R-8 zoning district, including the remaining portion of the E. Rosalyn Street cul-de-sac right of way. A legal description and exhibit map for the annexation area is included in with the Application. This property is within the City’s Area of City Impact boundary. The Applicant proposes a 6-lot subdivision for six single-family residential detached homes. Since a majority of the property is already annexed and zoned with the R-8 district staff must analyze the project based on the merits of the governing zoning district regardless of the proposed density The proposed preliminary plat consists of 6 building lots and 1 common lot on a 0.733-acre property in the existing R-8 zoning district. Proposed lots range in size from 4,060 to 5,219 square feet (s.f.) (or 0.093 to 0.12 acres). The subdivision is proposed to develop in one phase. Existing Structures/Site Improvements: An existing home on the property is proposed to be removed from this site. Any outbuildings located on this site should be removed with development of this property. Dimensional Standards: 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 plat appears to comply with the dimensional standards of the district. Per UDC 11-2A-3B.3, lots taking access from a common drive do not require street frontage. Access: Access is proposed from E. Rosalyn Drive and a common driveway on Lot 6, Block 1. The interior Lots 3, 4, 5, and 7 Block 1 are proposed to take access via a common drive to E. Rosalyn Drive, meeting the street access requirements of UDC 11-3A-3A. Common Driveways: Common driveways shall serve a maximum of four (4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. The Applicant is proposing six (6) dwelling units with four (4) taking access off the common driveway, three (3) dwelling units are also located on one (1) side of the driveway in accordance with the UDC requirements. Parking: 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: There are no street buffers required along local streets per UDC Table 11-2A-6. The applicant has provided a landscape plan. Landscaping is not required per the UDC. Sidewalks: E. Rosalyn Drive is improved with an existing 5-foot wide attached concrete sidewalk abutting the site in accord with UDC standards. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted plans, the Applicant is not proposing fencing with this project. Building Elevations: Two (2) conceptual building elevations were submitted that demonstrate what future homes in this development will look like. Variations of that appear to be single-story and two-story detached homes with a two-car garage are proposed. The submitted elevations depict several different architectural and design styles with field materials of lap siding, differing color accents, roof profiles, stone and front porches. Summary of Commission Public Hearing: i. In favor: Elizabeth Koeckeritz, Givens Pursley ii. In opposition: Jan Larrea, Paul Pelletier, Ken Freeze, Nick Nauslar iii. Commenting: Elizabeth Koechkeritz, Givend Pursley iv. Written testimony: Multiple letters of written testimony were submitted and can be found in the record online. Key Issue(s): a. The Comprehensive Plan depicts this property as low-density residential on the future land use map. b. There are too many lots proposed within this development. c. Lots smaller than 5,000 square feet should not be proposed for a development this small. d. Concerns with the additional traffic and noise. Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: Robin Hatcher – Concerns with the increased traffic and the density proposed on the lot. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2023-0056, as presented in the staff report for the hearing date of April 9, 2024, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2023-0056, as presented during the hearing on April 9, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0056 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) h2 City Council Meeting2024May 14, Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 ZoningAerialFLUM w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from April 9, 2024 for Rosalyn Subdivision (H-2023- 0056) by Givens Pursley, LLP, located at 200 E. Rosalyn Dr. Application Materials: https://bit.ly/H-2023-0056 A. Request: Annexation of a 0.014-acre of land from RUT in Ada County to the R-8 zoning district, including the remaining portion of E. Rosalyn Street cul-de-sac right-of-way. B. Request: Combined Preliminary/Final Plat consisting of 6 residential building lots and 1 common lot on 0.733 acres in the R-8 zoning district. PUBLIC HEARING SIGN IN SHEET DATE: May l4, 2024 ITEM # ON AGENDA: 15 PROJECT NAME: Rosalyn Subdivision(H-2023-0056) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name y 2 3 401" for 4 �Oero I'j, 0vEuA"D 5 2 q-V-0 W lti 7 8 9 10 11 12 13 14 EXHIBIT A STAFF REPORT 0 YE IDIAN�-- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING April 9,2 Continued to Legend DATE: May 14,2024 Project Location 0 11 0 TO: Mayor&City Council >_ Q FROM: Stacy Hersh,Associate Planner J kA 208-884-5533 SUBJECT: Rosalyn Subdivision o AMALIE H-2023-0056 z DR E LOCATION: 200 E. Rosalyn Drive (Parcel#Is wHIrESPWR o AY R7699020020 and R2114050060) ST pS a3 I EDMON- m I. PROJECT DESCRIPTION Annexation of 0.014 acre of land with an R-8 zoning district,including the remaining portion of the E. Rosalyn Street cul-de-sac right of way; combined Preliminary/Final Plat consisting of 6 residential building lots and one(1)common lot on 0.733 acres in the R-8 zoning district for Rosalyn Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.014 Annexation including the remaining portion of the cul- de-sac right of way;0.733 acres combined PFP Future Land Use Designation Low Density Residential(LDR) Existing Land Use Single-family residential(SFR) Proposed Land Use(s) Single-family detached residential Current Zoning T R-8(Medium Density Residential) Proposed Zoning R-8(Medium Density Residential) Lots(#and type;bldg/common) 6 building lots; 1 common lot Phasing plan(#of phases) 1 Number of Residential Units(type 6 single-family detached units of units) Density(gross&net) 6.87 units/acre(gross) Open Space(acres,total [%]/ 0%,not required for developments under 5 acres buffer/qualified) Pagel Amenities None Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 12/12/2023 History(previous approvals) San Gorgonio Subdivision SHP H-2023-0092(4-Lots);ROW vacation of the E.Rosalyn Street cul-de-sac Instrument #2023-034331. B. Community Metrics Description I Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing E.Rosalyn Drive is classified as a local street already improved with curb, Conditions gutter,and sidewalk. • CIP/IFYWP Access(Arterial/Collectors/State E.Rosalyn Drive is classified as a local street. Access is existing and Hwy/Local)(Existing and Proposed) improvements were constructed previously as required with Larkspur Subdivision No.2. 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 Water available at the site • Sewer Shed • Estimated Project Sewer See application—Additional 900 gpd committed to model. ERU's • WRRF Declining Balance WRRF decline balance is 14.62 MGD • 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 the site. • Pressure Zone 3 Page 2 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section B. C. Project Maps Future Land Use Map Aerial Map Legend Legend r � IIEJIIProject LocationProject Location '•' , m a 'o Resident al O�.7 0 `Oa�ay Low D4: y Reside::'`_ilLJ a- I E AMALIE a fly Z DR Cornm.ercial aye: WHITESPUR � W ST ¢ W V1 EDMON';P a m Zoning Map Planned Development Map Legend 0 Legend V Project Location Project Location -R'i14 A ��� Y City Limits R-4 //� Planned Parcels �, �R;8 RUT C C-G WHIT BUR a W ST a a W DR T a 1-O Y} - DR Y} H EDMON�' a 3 Np`� a�a Page 3 III. APPLICANT INFORMATION A. Applicant: Brett&Julie Bingham,B-B Rosalyn LLC—P.O. Box 266, Meridian,ID 83680 B. Owner: Brett&Julie Bingham,B-B Rosalyn LLC P.O. Box 266, Meridian, ID 83680 C. Representative: Kristen McNeill,Givens Pursley LLP—601 W. Bannock Street,Boise,ID 83702 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 1/02/2024 3/24/2024 Radius notification mailed to property owners within 500 feet 12/29/2023 3/22/2024 Public hearing notice sign posted 1/5/2024 3/12/2024 on site Nextdoor posting 12/29/2023 3/25/2024 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Low-Density Residential (LDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation is intended to allow for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. This property was annexed in 2005 with and R-8 zone and granted approval for step-up in density which was allowed under the previous Comprehensive Plan. This policy was removed from the Comprehensive Plan with the 2019 update. The Applicant proposes a 6-lot subdivision for six single-family residential detached homes at a gross density of 6.87 units per acre,which exceeds the density range intended in the LDR designation. Since a majority of the property is already annexed and zoned with the R-8 district staff must analyze the project based on the merits of the governing zoning district regardless of the proposed density. Below is staff s analysis on how the project meets other pertinent Comp Plan policies. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family detached dwellings with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired.All existing housing in this area are comprised of single family detached dwellings on similar sized lots. Page 4 • "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 dwellings surrounding the subject property, six single-family detached dwellings are proposed within this development. The proposed development offers lot sizes ranging from 4,060 to 5,219 square feet(sf.) consistent with lot sizes in the area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The single-family detached dwellings contribute to the variety of residential categories within the surrounding area as desired. • "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. Staff considers the proposed development to be compatible with the existing developments on adjacent properties. The additional lots proposed for this site integrate well with the existing/surrounding residential dwellings. The proposed common drive exhibit appears to comply with the common drive standards outlined in UDC 11-6C-3D in Section VIII.E. • "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 would not likely have a detrimental impact on 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."(2.02.01D) A 5-foot-wide existing pedestrian sidewalk connection is located along E. Rosalyn Drive. The existing sidewalk provides a link between all subdivisions east 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 already provided with the proposed development of the subdivision. Page 5 • "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 0.014 of an acre of land with an R-8 zoning district,including the remaining portion of the E. Rosalyn Street cul-de-sac right of way. A legal description and exhibit map for the annexation area is included in Section VIII.A. 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 developed with six(6)single-family detached dwelling units and 1 common lot. The proposed use of the development is consistent with the MDR zoning designation. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. There is an existing home on this site directly adjacent to E. Rosalyn Drive. The property owner intends to remove the existing home upon development commencing on the site. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Since the AZ request only includes remnant and existing right-of way,staff is not recommending a DA. B. PRELIMINARY/FINAL PLAT(PFP): The proposed preliminary plat consists of 6 building lots and 1 common lot on a 0.733-acre property in the existing R-8 zoning district. Proposed lots range in size from 4,060 to 5,219 square feet(s.£) (or 0.093 to 0.12 acres). The subdivision is proposed to develop in one phase as shown in Section VIII.C. Existing Structures/Site Improvements: An existing home on the property is proposed to be removed from this site. Any outbuildings located on this site 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 plat appears to comply with the dimensional standards of the district. Per UDC 11-2A- 3B.3, lots taking access from a common drive do not require street frontage. Access: Access is proposed from E. Rosalyn Drive and a common driveway on Lot 6,Block 1. The interior Lots 3,4, 5,and 7 Block 1 are proposed to take access via a common drive to E. Rosalyn Drive, meeting the street access requirements of UDC 11-3A-3A. Common Driveways (UDC 11-6C-3D): Common driveways shall serve a maximum of four(4) dwelling units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway. The Applicant is proposing six(6) dwelling units with four(4)taking access off the common driveway,three(3)dwelling units are also located on one(1)side of the driveway in accordance with the UDC requirements. Page 6 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. Staff has concerns with overflow parking due to the number of units proposed within this subdivision. Landscaping(UDC 11-3B): There are no street buffers required along local streets per UDC Table 11- 2A-6. The applicant has provided a landscape plan in Section VIII.D. Landscaping is not required per the UDC. Sidewalks(11-3A-17): E. Rosalyn Drive is improved with an existing 5-foot wide attached concrete sidewalk abutting the site in accord with UDC 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,if required Fencing(UDC 11-3A-6, I1-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted plans,the Applicant is not proposing fencing with this project. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations: Two(2) conceptual building elevations were submitted that demonstrate what future homes in this development will look like(see Section VIII.F). Variations of that appear to be single-story and two-story detached homes with a two-car garage are proposed. The submitted elevations depict several different architectural and design styles with field materials of lap siding, differing color accents,roof profiles,stone and front porches. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation, and combined preliminary plat/final 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 March 7,2024.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Combined Preliminary/Final Plat requests. 1. Summary of Commission public hearing_ a. In favor: Elizabeth Koeckeritz, Givens Pursley b. In opposition: Jan Larrea,Paul Pelletier,Ken Freeze,Nick Nauslar, c. Commenting: Elizabeth Koeckeritz, Givens Pursley d. Written testimony: Multiple letters of written testimonoy were submitted and can be found in the record online. e. Staff presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor 2. Key issue(s)of public testimony Page 7 a. The Comprehensive Plan depicts this property as low density residential on the future land use map. b. There are too many lots proposed within this development. C. Lots smaller than 5,000 square feet should not be proposed for a development this small. d. Concerns with the additional traffic and noise. 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None Page 8 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map Plofessianal Erigl am.Land Surveyors and Planners lam' r W4 3itl St.So.Nampa, ID 83651 � r r of a f -5 Ir 3 C t Ph (203)454�0256 e�+d i t:411u1 xt ey�rn ama o an d B KOC IB nes us FOR, B-3 ROSALYN LLC JOB NO..JY0323 FATE. December 6,2023 EXHIBT"A" ANNEXATION OF E.ROSALYN DR.COIL-DE-SAC Aparcel of land in the N W 1/4 SW I of Section 19.Towwhip3 Nortl4 Range I East,Boise Mcridian, Ada County Idaho.mDre padiculariy descrihed as follows- Commencing at the northwesl comer of the N W 1/4,said corner lying IC 00'37' 11"E.,2649.85 feet from the southwest gamer of the NW114, Thence S.0(r 37' 11"W.,2296.92 fact along,the west boundary of like Nw114; Thrncc N. WD 44'39"E.,620-97 feet to the northwest corner of Larkspur Subdivision No.2 in Book 97 of Plats,Page 12314-12317,recorded in the Ada County Recorder's Off'icc; Thence 5.00' l 7'40"E.,387.96 feet to southwest corner of Lot 1 Block l of San Gorgonio Subdivision and the POINT OF BEGINNIN , Thence a distance of 194.29 feet along the curve right,having a radius of45.00 feel,a central angle of 247'23' 42",the long chord of which bears S 33"23'00"W.,a distance of 74,V feet, Thence a distance of 23.52 feet along the curve left,having a radius of 20,00 feet,a central angle of 67° 22'30",the long chord of which bears N 56'36'25"W.,a distance A22.19 feet; Theme N 00' 17'40"W.,50.00 feet; Thence 890 42'2(Y"F_, 9.98 feet to the POIItiT OF BEGINNING. �6 QL 9 66 W Masc)rt !a{/6 � Aaaoci'a��s Profe5slonEl Enpineers,Land Surveyors and Planners HOti � Ike 1 or] Page 9 A PART AF THE NW i f4 SW f f4, SE'CTrON a 9, T. 3 H, R. I E„ 9,611, MEl4ZM, AQA ODMTY, t AHO PLS 77.29 !# r 2tl23 GP#+SST, Na 20f9—Oi5<7f 21 f9 N89*'M 6�0 S7` U O w aLa39W CFdF WST. No. 20 -T07,346 59.98` � 4 r. a a 2 Carve Table Curtin # Length RedNa Data o9oF4 P4rqGtbn Chof4 L-gkh C2 +9 �9 45. 2#7r2542- M3S" MOVE 74.87 C3 23_52 20.00 SM'30" M5d'39'25-xr 22.19 ANNEXATION OF E.ROSALYN DR. CUL-OE SAC B-B f�S�+�LYPti!tl.0 roe ma .rtaeaa ..� w err Mason , "a,�+w FP%W. rw.rS. .n,. ssoc�a es +"D " ON f CE?a Page 10 B. Preliminary Plat Legal Description and Exhibit Map Professional Engineers,Land Surveyors and Planners ma �I7 924 V St.So.Nampa,ID 83651 roc. Ph(208)454-0256 �.mnil dhol�cy�dmasomnnd��nc�e[tzus FOR: B-B ROSALYN LLC JOB NO.:JY0323 DATE: October 10.2021 SUBDIVISION BOUNDARY A panel of land being all of Lot 1 Block 1 of San Gorgonio Subdivision, in Book l 18 of Plats,Page 1N079-I SOS 1,recorded in the Arta County Recorder's Office and a portion of vacated right of way,in the N W 1 14 S W 114 of section 19,Township 3 North,Range l Cast,Boise Meridian,Ada County Idaho, more particularly described as follows: Commencing at the northwest comer of the N WIM said corner lying N.001 37' 1 t"E.,2649.95 feet from the southwest corner of the N W 114; Thence S.0011 37' 11"W.,2296,92 feet along the west boundary of the N W 114; Thence N.89144'39"F.,620-H7 feet to the northwest corner of Larkspur Subdivision No.2 in Book 97 of P lats,Page 12314.12117,recorded in the Ada County Recorder's Off ce; Thence S.00'17'40"E.,243.00 feet to northwest corner cif I.al 1 H1ock I of San Gorgnuio Subdivision and the POINT OF BEGINNING; Thence N.99'44'39"E., 179.66 feet along the northerly boundary of Lot I to the norlheast corner of Lot 1; Thence along the easterly boundary of Lot I Block I of San Gorgonio Subdivision the following courses and distances; Thence S.06'2V 41"W.,60,40 feel; Thence S.08'33'3 5"E.,60,64 feet; as<3r? 6' Associa fcs 1 Professlonal Engineers,land Surveyors and Planners Page 11 Thence S- 130 15' W'E.,64-29 Feet to the southeast corner of Lot 1; Thence along the soutlierly boundary of Lot 1 and the vacated right of way thr following courxs and disranoes> 'E'hencx N. 80 53' 28"Wi, 121.88 feet Co the beginning of curve r&; Thrncc u Jislantc of 30.84 racl along the cuTvc rgghl,having n radius of 93.00 feet,a central angle of 19"00'03",the long chord of which bears N 790 2T 28"W.,a di slance of 30.70 feet; Thence K 70"32' ST'W.,46.54 leer; Thrncc N.00" 17' 40"W-, 15.30 Feel to ft muthwe-ki comer of I.ot I; Thcncc N.00' 17' 40"W., 142.46 feel.a3mg the westerly boundary of Lot l is the L'O1 NT OF BEGINNING. This parcel conlairrs 0.733 arcs murc or less, SUBJECT TO;All cxisLrog riglus of way and caarnxnts of rcconcl or implied appearing cm the above- described parcel of land, �I.A WrkT: EE 936 OF Mason . , ssocratr-s 1�� Professional Erkginea►s,L u A Surveyors ara Planners Page 12 C. Preliminary Plat/Final Plat(dated: 2/19/2024&2/19/2024) ' ...... woaaim aclaolwolw.l '��ih'•, ',^�•,�;, pr.<R!MlHZRY FLAT e�w.�++�+ i n<:. I a wla a ne'el�r axrirn.caa li x'°1 I e�i. •«- �,•—••,ter•.• J m ary a*_i wuwn.pw r T UAW— Era WwTwwm— _'- -- --- -- -------- --Y-----. �----- -•--. .._ a ...�M,....... i . ,.0 agg MOSAIYN SUBOMSfON i A17-r n 071 a ON 1 W adl""NO SUIPI s W t PMM ar VA4:AIM malr OF war A Pg,U�n4 W 1/i n r/+NO A AOF W 7K m r/a Sir rfb 9ECKR TK T.!Ltl4NN FICWIO' 1 1 IOIrP �r ----------- _ 1 I G141 p Nr• - I+ 1, 1 I 1 1 f1W�.� ■ .awa Ftiilw.,:Y�I��taVll RI I/Ya n'.mr rx 1 'ES.1Y rar«rrM ganswncG 3—�------- 1- I RRM 1 • 1 f ■! 1 I 1 1 1 1 .ouu or ao wuz._-um„ FF 1 �. wSnl,u�-?w,P 1 1 i � • 1. x�,l.ev 4�..woawnfd.xwd l-1w,.1 'o-V1 ' :_�_,_�II�■1,. _„. _ ----- emu» �37e �wvna ur. I��l-a--d-�C-r�l: .,cw ann� sar a�a BK.�PCB Page 13 D. Landscape Plan(dated: 2/21/2024) vm . .,..,... .....gym. _.�_._.....a . �----- .mow _ • pflL4ND5CAPE PLAN Y� 3 Page 14 E. Common Driveway Exhibit(dated: 2/19/2024) --Y-- iT ROSALYN 3L1 Bi]11(1910N � 1 ---' GOM MOIY DRIVE E]CFIi BIT �i.r�MW r.wLYx.1w��I�atO L0r1-1 W A M 7 W WW MOM WWO OF a1E$II W.M7EA.4ND AL IfE T.]R.4 I E.B W l tlh 4�IEFf]AK�L'WTi:Dirq 1 av=..- Map. Mim - --- .�, m .•6 a ,1 ^"ors.. m iLTiSMW 'MAW MWW-- 6LT8: Ai fir Page 15 Bin ham Hou5ing Development Imp- t IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. 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 prepared and signed by Darin Holzhey with Mason and Associates on 2/19/2024 is approved as submitted. 3. The landscape plan prepared by Joshua R. Rennaker with Rodney Evans+Partners on 2/22/2024 is approved as submitted. 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. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1 I- 3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. All fencing is required to comply with the standards listed in UDC 11-3A-7. If fencing is proposed for the development,the applicant should include it on the site plan submitted with the building permit. Additionally, solid fencing adjacent to common driveways shall be prohibited,unless separated by a minimum five(5)foot wide landscaped buffer planted with shrubs,lawn or other vegetative groundcover in accordance with UDC 11-6C-3D.5. 9. The Applicant shall comply with all ACHD conditions of approval. 10. 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 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14. 12. The preliminary/final 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 https:llweblink.meridianciU.orelWebLinkIDocView.aWx?id=312023&dbid=0&repo=MeridianCitX C. FIRE DEPARTMENT No comments at this time. D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT No comments at this time. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=315578&dbid=0&r0o=MeridianCitX Page 17 G. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=315717&dbid=0&r0o=MeridianCity H. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=313137&dbid=0&repo=MeridianCity J. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocVie w.aspx?id=315718&dbid=0&repo=MeridianCity K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=314790&dbid=0&r0o=MeridianCitX X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Staff finds the Applicant's request to annex 0.14 of an acre, including the remaining portion of the E. Rosalyn Street cul-de-sac right-of-way with R-8 zoning and develop single-family detached dwellings on the site are consistent with the R-8 zone and policies in the Plan in Section V.above, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff 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; Staff finds the proposed map amendment for the R-8 zoning for the 0.14 of an acre that encompasses the remaining portion of the E. Rosalyn Street cul-de-sac right-of-way, should not be detrimental to 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 City services are available to be provided to this development. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. Page 18 5. The annexation(as applicable)is in the best interest of city. Staff finds the proposed annexation is in the best interest of the city if all conditions of approval are met. B. Combined Preliminary Plat/Final Plat(UDC 11-6B-4) 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) Staff 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; Staff 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; Staff finds the proposed plat is in conformance with scheduled public improvements in accord with the City's capital improvement program. 4. There is public financial capability of supporting services for the proposed development; Staff 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 Staff finds the proposed development should 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) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 19 C�,fER IDIAN:--- IDAHO Public Presentations 200 E ROSALYN DR Speaking on Behalf of the San Gorgonio HOA–Ken Freeze STILL AN UNSAFE PLAN–NO REAL CHANGES WHY THIS PLAN NEEDS CHANGEDCommon Driveway Make It Unsafe•Too Many Units •Out of Character for the Street•Comprehensive Plan / Future Land Use MapThe Development is not in line with Meridian’s Own • CITY OF MERIDIAN COMPREHENSIVE PLAN occurs in the direction and manner most desired by the community.of the Comprehensive Plan so that development key componentMapping future land uses is a •plans."6511 requires: "The zoning districts shall be in accordance with the adopted -67§Idaho Code •is a premier place to live, work, and raise a family.to ensure Meridian makers can reference and utilize -the general public, developers, and decisionthat effective vision and source document The goal of the 2019 Comprehensive Plan is to create an •ADOPTED THE PLAN DURING A COUNCIL MEETING IN DECEMBER 2019 CITY OF MERIDIAN COMPREHENSIVE PLAN essentially R2 Zoned lotsLots directly across the street are•annexed will be zoned R2The property to the west when •is 200 E Rosalyn Dr.X•Taken from the Future Land Use Map•SO WHAT IS THE PLAN'S VISION FOR THIS AREA? CITY OF MERIDIAN COMPREHENSIVE PLAN A step backwards to the city’s own plan•as many units as possible on each.to buy up these big lots and cramplanned just invites developersAllowing this project to go as •is already in effect R2.This area outlined in green–Note •SO WHAT IS THE PLAN'S VISION FOR THIS AREA? CITY OF MERIDIAN ZONING scale developments-the challenges with largeThe 4,000 sq ft lots should only be used to meet •probably would not be allowed todayTakes advantage of the previous zoning that •called for in the Meridian’s Zoning Codeeach lot has a minimum 4,000 sq ft as –Yes •Six units on 0.733 acres •ROSALYN IS TOO DENSEAT 200 E SIX UNITS COMMENTS FROM TWO COUNCIL MEMBERS WHO THOUGHT NUMBERS ARE OFF?OTHER WHAT , OFFARE THESE NUMBERS IF A small difference, but errors add up•Different of 21 sq ft–Total 31,950 •ftsq6 4,499 Dwayftsq5,219 Lot 7ftsq4,478 Lot 5ftsq4,453 Lot 4ftsq5,121 Lot 3ftsq4,060 Lot 2ftsq4,120 Lot 1•ftsq31,929 0.733 acres = •THE NUMBERS ARE OFF COULD BE RIGHT–IT WAS DENSER THAN 8 UNITS PER ACRE OUT OF CHARACTER FOR THE NEIGHBOR over 16,000 sq ft (as in R2 Zone)all on lots from just under 12,000 sq ft to The homes directly across the street are •most are over 6,000 sq ft.All the lots here are over 5,000 sq ft, and •family homes-Neighborhood all single•200 E ROSALYN DR TO DENSE FOR R8 APRIL 9 May 14 Plat•April 9 Plat•YET NOTHING CHANGED FOR MAY 14 MEETINGCOUNCIL MEETING REJECTED THE PLAN TH APRIL 9 for our community.”make a decision about what is best the zoning, what’s been entitled, and both sides, look at the map, look at “Our role as council is to listen to CommentsLuke •COUNCIL MEMBER COMMENTS TH APRIL 9 transition for the neighborhood.”“I don’t feel this is an appropriate going as a city.”changed the direction that we’re “It’s been a long time and we’ve About the current zoning, she said, Liz Strader’s Comments•COUNCIL MEMBER COMMENTS TH APRIL 9 project.”as I would ever get a yes vote for on this “Three or even four, and that’s as much residential roads out to Meridian Rd.” density -that’s going to be driving on lowdevelopment that’s going to be an R8 “I can not in good conscience approve a John Overton’s Comments•COUNCIL MEMBER COMMENTS TH APRIL 9 really does concern me.”“The public safety component of it common driveway.Talking about the Hammerhead Doug Taylor’s Comments•COUNCIL MEMBER COMMENTS TH APRIL 9 would like to see that.”that works for everyone. I think that we “I hope you come back with something to change anytime soon”acres, but it doesn’t seem like it’s going after what’s around it, especially five “I don’t feel, in this case, it’s the best fit Anne Little Roberts’ Comments•COUNCIL MEMBER COMMENTS TH APRIL 9 parking places.” I don’t like them because they turn into “problem.” common driveways, are always a “It’s very much a concern, Hammerheads, When asked about the Hammerhead Driveway CommentsBongiorno’sJoe •DEPUTY CHIEF OF PREVENTION TH THREE HOME LAYOUT Plan / Future Land Use MapMeridian’s Own Comprehensive Closer to •familiesLarge backyards make it attractive to •trash pickupBetter emergency vehicle, fire access, and •All homes have direct access to the street•AND PROVIDERS BETTER SAFETYINTACTTHE STREET’S CHARACTER KEEPS A BETTER LAYOUT KEEPS THE STREET’S CHARACTER the neighborhood.pleasing and integrated addition to Less congestion makes for a more •pickupAgain, better fire access and trash •street.mimicking property lines across the Property lines come close to •AND PROVIDES BETTER SAFETYINTACT A FOUR HOME LAYOUT STILL PROVIDERS DIRECT Plan / Future Land Use MapMeridian’s Own Comprehensive Closer to •A bit less attractive layout•trash pickupBetter emergency vehicle, fire access, and •streetAll homes still have direct access to the •STREET ACCESS FOR BETTER SAFETY A BETTER LAYOUT KEEP THE STREET’S CHARACTER traffic.the street, with space away from local way parking on -the-of-Room for out•Better mail and trash pickup•emergenciesstreet for police, fire, and EMT All lots have direct access to the •AND PROVIDES BETTER SAFETYINTACT OUR HOA IS NOT AGAINST DEVELOPMENT suitable plans are presented to this council acre of land be rejected until -We ask that the request to annex 0.014•addition to our neighborhoodFewer homes would fit in with the surrounding homes and could be a nice •There are much safer ways to develop this lot•Six homes is just wrong for all the reasons previously stated•The HOA is not against the development of this lot. •JUST NOT THIS PLAN CLOSING THOUGHTS The design needlessly puts lives at risk! designs that shouldn’t be allowed in our city. This Hammerhead and virtually any common driveway are poor that allow errors to be made.”“There is no such thing as human error, just poor designs Quote from former NTSB Investigator Jack Hardon.POOR DESIGN WITH DISREGARD FOR SAFETY