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HomeMy WebLinkAbout2024-05-28 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 28, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilman Brian Whitlock (Sworn in at 6:08 PM) Councilwoman Liz Strader Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted as Amended (Item 24: Resolution 24-2456) CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 1. Approve Summary Minutes of the May 7, 2024 Special Joint Meeting with the Meridian Planning and Zoning Commission 2. Approve Minutes of the May 7, 2024 City Council Regular Meeting 3. Approve Minutes of the May 14, 2024 City Council Regular Meeting 4. Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0036) 5. Inglewood Place Subdivision No. 2 Water Main Easement No.1 Lot 1 (ESMT-2024- 0063) 6. Inglewood Place Subdivision No. 2 Water Main Easement No. 1 Lot 3 (ESMT-2024- 0065) 7. Winco Wells No. 1 Sanitary Sewer and Water Main Easement No. 4 (ESMT-2024- 0064) 8. Foxcroft Subdivision No. 2 Water Main Easement No. 2 (ESMT-2024-0068) 9. Summertown Subdivision Water Main Easement No. 1 (ESMT-2024-0069) 10. Delano Apartments Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024- 0071) 11. Final Order for Alamar Subdivision (FP-2024-0005), by Jeff Wrede, Noble Rock Development, Inc., located at 4380 W. Franklin Rd. 12. Final Order for TM Center East No. 2 (FP-2024-0008) by Brighton Development, Inc., located at 700 S. Wayfinder Ave. 13. Final Order for Millwood Subdivision (FP-2023-0011) by Epic Development Victory, LLC., located at 1975 E. Victory Rd. 14. Findings of Fact, Conclusions of Law Farmstone Crossing Subdivision (H-2023- 0045) by Bailey Engineering, located at 820 S. Black Cat Rd. 15. Findings of Fact, Conclusions of Law for Cityside Storage (H-2023-0058) by Peter Stuhlreyer, Designhaus Architecture, LLC., located at 2755 N. Eagle Rd. 16. Release of Lot 11 in Block 25 of Cedar Springs Subdivision No. 3 from Existing Development Agreement (Instrument Nos. 102067381, 105058639, and 106052778) 17. Full Release of Access and Parking Easement (Instrument No. 112096134) Between City of Meridian and West Ada School District 18. Memorandum of Agreement between the City of Meridian and Meridian Dairy and Stock Show, Inc. for Meridian Dairy Days 19. Approval the Sole Source Agreement with Trojan Technologies and approval of the purchase of UV Lamps from Trojan Technologies for the Not-to-Exceed amount of $73,146.96 20. Professional services agreement renewal between the City of Meridian and Emergency Responders Health Center. 21. Approve Agreement for PSTC AV Upgrades to AVI Systems, Inc. for the Not-To- Exceed amount of $129,572.00 22. Resolution No. 24-2453: Accepting West Ada School District Student Artwork for Traffic Box Art Installation 23. City of Meridian April 2024 Financial Report 24. Resolution 24-2456: A Resolution of the City Council of the City of Meridian, reappointing Stephen Lewis to seat 5, Tracy Hopkins to seat 6, and Jared Smith to Seat 7 of the Meridian Transportation Commission; and providing an effective date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 25. Recommendation and Approval of Mayor's Appointment of Brian Whitlock to City Council District 1 Approved Motion to approve Mayor's recommendation for appointment of Brian Whitlock to City Council District 1 made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 26. Installation and Swearing in of Appointed City Council Member Brian Whitlock District 1 27. Public Hearing (Continued from 5-7-2024) for Burnside Ridge Estates (H-2023- 0055) by Kimley Horn, generally located on the south side of W. Victory Rd and the west side of S. Linder Rd., in the NE 1/4 of Section 26, T.3N., R.1W Approved Application Materials: https://bit.ly/H-2023-0055 A. Request: Annexation of 123.28 acres of land with R-2 (11.91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts. B. Request: Preliminary Plat consisting of 263 building lots, 33 common lots and one (1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Whitlock FUTURE MEETING TOPICS ADJOURNMENT 6:34 PM E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Summary Minutes of the May 7, 2024 Special Joint Meeting with the Meridian Planning and Zoning Commission WE IDIAN SPECIAL JOINT MEETING OF THE MERIDIAN CITY COUNCIL AND MERIDIAN PLANNING AND ZONING COMMISSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 07, 2024 at 4:30 PM Minutes VIRTUAL MEETING OPTION City Council meetings can also be attended online or by phone. https:Ijbit.ly/meridianzoommeeting or dial 253-215-8782,webinar ID: 810 9527 6712 Meridian City Council meetings are streamed live at https:ZL- meridian ci eE.org/live ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader Commissioner Brian Garrett Commissioner Maria Lorcher Commissioner Patrick Grace Commissioner Matthew Sandoval Commissioner Jared Smith Commissioner Andrew Seal ABSENT Mayor Robert E. Simison Commissioner Enrique Rivera ADOPTION OF AGENDA Adopted DEPARTMENT / COMMISSION REPORTS [Action Item] 1. Staff Report Template Changes ADJOURNMENT 5:40 PM E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 7, 2024 City Council Regular Meeting Meridian City Council May 7,2024 Page 83 of 83 ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Move that we approve Ordinance No. 24-2052. Cavener: Second. Simison: Motion and second to approve Ordinance No. 24-2052. Is there discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or do I have a motion to adjourn? Cavener: Mr. Mayor, I move we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 10:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 5-28-2028 ATTEST: CHRIS JOHNSON - CITY CLERK 5-28-2028 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 14, 2024 City Council Regular Meeting 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 W IDIAN� AGENDA ITEM ITEM TOPIC: Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0036) ADA COUNTY RECORDER Trent Tripple 2024-028553 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/29/2024 08:26 AM CITY OF MERIDIAN,IDAHO NO FEE Project Name or Subdivision Name: Movado Village Subdivision Sanitary Sewer&Water Main Easement Number: 2 Identify this Easement by sequential number if the projoct contains Pore than one ou—ni of this q•pe.See instruvions/checklist for additional information. For Internal Use Only H-2024-0036 Record Number: �Abua RY SEWER AM WATER MAIN EA4EMENT THIS Easement Agreement made this 28th day of May 20 24 between Meridian Movado Village Investors, LP/C4 Investments, 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 such facilities 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 1 Version 01/01/2024 LD03.11.2024JB THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Meridian Movado Village Investors, LP by Ferguson & Brewer Investment Company, its GP l' as president of the GP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete t� owing ifsigning in a representative capacity, or strike thefollowing ifsigni n an individual capacity) on behalf of (name of ty on behalf of whom record was executed), in the following representativey. (type of authority such as officer or fftee) Notarc Stamp Rclu�� Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 LD03.11.2024JB CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 h?4�'�%`e,�?FJ?1S4r+,>Fstet';nsFP;.s;;i'f�`F#FJ�'.�3Cf�?�tf3�.'F�•,�,i33`;v�'St�.44U4R-.F2},t3'i??f36f�,�,t,1`.�ui?r!Y3:�?3?Fi{13Saifi w!?1u't`r€�?�i1Fi4R?��i):¢IfQT,i¢.€!3f�fKii?.u# n4 .}4'Si tfi `?i?}�fPSH4fi�89�>i A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Callfoorniaa County of On r6j") a �i ? ��before me.- 17 f� % 1 t'�l'� � 14 { l� Dote t nHere Insert Name and Title of the Officer personally appeared 1Y" )� t_ i")h�►ni1! Nome(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing DEBBITURNBOW r paragraph Is true and correct. 5 COMM.0 2463978 > y NOTPAY PUBLIC CALWORN1A (a WITNESS m hand and official seal. COUNTY OF BUTTE y Comm.Ey4orn OCT 19,2027 IL �Aw Signature, / Place Notary Seo/and/or Stamp Above Signature of Notary Public OPTIONAL — -- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: __ _ Signer's Name: ❑Corporate Officer—TWe(s): ❑ Corporate Officer—'Title(s): ❑ Partner— O Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: r{;5�9tS?tJtxL�kl1dT473ti$if39ki 'c�f3TF{�T II§n�34° QL? }?a3i€� iE3��4P. �23f I�B'€ �f1t1337ftx a R S`e17fi?7 t3'$ F 3}3Ff;f (02019 National Notary Assoclatlon LD03.11.2024JB GRANTOR: C4 Investments LLC A A //'-' VV STATE OF IDAHO ) ) ss County of Ada ) , This record was acknowledged before me on (date) by Jim Conger (name of individual), [complete the following if signing in a Representative capacity, or strike the following if signing in an individual capacity] on behalf of C4 Investments LLC (name of entity on behalf of whom record was Executed), in the following representative capacity: member (type of Authority such as officer of trustee) I •�• �'4'•1ypTAR•�••� •s Notary Signature = My Commission Expires: (� i PUB[. 14 1G"'l� .•••q ,OF•'tp•�••.. LD03.11.2024JB GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-28-2024 Attest by Chris Johnson, City Clerk 5-28-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-28-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. No1111,y Stamp Below Notary Signature My Commission Expires: 3 2s 2o2s Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 LD03.11.2024JB 5awtooth Land Surveying, LLC 20-Foot City of Meridian Utility Easement Legal Description BASIS OF BEARINGS is South 89'13'35" East between a brass cap, marking the NI/4 corner of Section 21 and an aluminum cap, marking the northeast corner of Section 21, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the NW114 of the NEI/4 of Section 21,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly as follows: COMMENCING at a found brass cap, marking the N1/4 corner of said Section 21; Thence South 891113'35" East, coincident with the north line of said NW1/4 of the NE1/4, a distance of 1338.43 feet to the E1/16 corner of said Section 21; Thence South 00024'28"West, coincident with the east line of said NW1/4 of the NE1/4, a distance of 48.00 feet to the southerly right of way of E. Overland Road; Thence continuing, South 00124'28" West, coincident with said east line, 138.35 feet; Thence leaving said east line, North 89035'32" West, 8.00 feet to the POINT OF BEGINNING: Thence South 00024'28"West, parallel with said east line, 584.62 feet; Thence North 89035'32"West, 20.00 feet: Thence North 00*24'28" East, parallel with said east line, 111.23 feet; Thence North 89113'36" West, 13,58 feet; Thence South 00124'28"West, parallel with said east line, 17.89 feet; Thence North 891135'32"West, 20.00 feet-, Thence North 00124'28" East, parallel with said east line, 18.02 feet; Thence North 89013'36"West, 38.82 feet; Thence North 00146'25" East, 20,00 feet; Thence South 89113'36" East, 36.01 feet; Thence North 00000'00" West, 10.06 feet; Thence North 90000'00" East, 36.33 feet; PA20211 I E-MT1121341-MOVADO MULTI-FAMILY PH 21SurveyNDrawings\Dcscriptions120 City of Meridian Utility Ease 2nd Revision.docx .................._­.................­_.­.._'_------ ............ LD03.11.2024JB Thence North 00°24'28" East, parallel with said east line, 422.84 feet; Thence North 89135'32"West, 151.18 feet; Thence South 21016'25"East, 12.80 feet; Thence South 68043'35"West, 20.00 feet; Thence North 21116'25" West, 7.29 feet; Thence South 71029'32"West, 17.43 feet to the beginning of a non-tangent curve to the right; Thence 34.25 feet along the are of said curve, with a radius of 279.00 feet,a central angle of 7102'03", subtended by a chord bearing of North 18156'35"West, 34.23 feet; Thence North 71°29'32" East, 10.07 feet; Thence North 17016'50"West, 15.89 feet; Thence North 72043'10" East,20.00 feet; Thence South 17116'50" East, 19.56 feet; Thence South 89035'32" East, 185.86 feet to the POINT OF BEGINNING. The above described easement contains 0.43 acres, more or less. `( r /; P:\2021\1 EMT\121341-MOVADO MULTI-FAMILY PH 2\Survey\Drawings\Descriptions\20 City of Meridian Utility Ease 2nd Revision.docx LD03.11.2024JB { eases OP Nt:nluars 1:.,oyttet+hno !?Onll [1/,6tYrL9E!'- Nun mR,s1r.a ti 1338.13• kl ..__.4/ ,178.N' z1 "zz I 1 _ i I i i i 1 I; 'Leh FaffrOF MONNNG 4 4 �1r 0.43 ACs ! 589°3S32"E 185.86•1 �� �)toN8935'31"W I 151.8'aim iiim', �.�'l�Nrv°ai•et^wa.w ' u'na na Tisrurac � sb11'tt� (• V CAI 7iM W�f7.R.t19'_ i ti iilerJsT7�w rp.ro• t •.n {�, � 'is rlOO'747rr MoV i 16 a.589,070"El Mall19 19 ��OKwars 3s.�r (Jf/� i� f Ul fl)1�1877'{Y ).19' i H7I....... ID.Q7- / 1x 111 TX s 1 iriwr ism UNPLXM.''D ! 1 ! UNPIA7TCD 14 ' NNVE�Nti:lkhr111,N.R1U11A 11A Afu01E RO11lN±'K L7MNll ltt,'fi_ill /�{ �l•...roi 01U �m rri ti r , YDYADD CNNENS 5I!6D1VId1UN v0. l < , NN 113, PO 17017 I w Le I/ A I i ! ! Li .1 f 2� C) l �� 11574 x ! I 3irt/�a�a (f! , N 89*3532"W OF �/ �'.. _ 20.00'] NJS 1r�f BE, YOYADO SUODM91ON No. 7 R1N a)R,SEC 71 T.3 N.,R 1 E.,B.M. ue 110, Po !aaO r PROJECT: µ OVINE1IDEVELOPER: 2030 S. WASHINGTON AVE DWG k 20-FOOT CITY OF MERIDIAN UTILITY EMMETT,ID 83617 I21341 IX EASEMENT BRECKON LAND DESIGN R (208)398-8104 PROJECT* NW114 OF THE NEI/4,SECTION 21 — � F. (208)398-6105 121341 CITY OF MERIDIAN, VC/I SHEEr ADA COUNTY,IDAHO DATEc 3/2024 Lond5u%veyix/ LLG WWW SAWFOOTHLS.COM I OF 1 l _ LD03.11.2024JB E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Inglewood Place Subdivision No. 2 Water Main Easement No.1 Lot 1 (ESMT- 2024-0063) ADA COUNTY RECORDER Trent Tripple 2024-028541 BOISE IDAHO Pgs=5 MATT BUNK 05/29/2024 08:14 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE INGLEWOOD PLACE SUBDIVISION NO.2 - Water Meter Easement Water Main Easement Number: 1 -Water Meter Easement- Lot 1 id"fy this Esserrwst by sequentiot rw rOw if Bra project contains more Ww one ea whet t of this type.See insCrw1Iane1 inf M*fion. For Internal Use Only Record Number: ESMT-2024-0063 WATER MAIN EASEMENT THIS Easement Aereement made this Z8th day of MAY 20 24 between Eagle & Victory Holdings 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, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed 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,trves,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grmteee that should any part of the right-of-way and easement hereby granted shall become part of or lie within the boundaries of any Water Main Easement Pace 1 Version 01/01/2024 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 lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Eagle & Victory Holdings LLC BY: James Petersen Managing Member of North American Management, LLC, the Manager of Eagle & Victory Holdings LLC i STATE OF UTAH ) ss. COUNTY OF Salt Lake) On this 6 day of May,2024,before me, Teal LaRoque,a Notary Public in and for the State of Utah,personally appeared James Petersen (signer), known or identified to me to be the Managing Member (officer title) of North American Management, LLC (constituent entity) a Utah Limited Liability Company, the manager of Eagle& Victory Holdings LLC (maker), an Idaho Limited Liability Company, and acknowledged to me that he executed the within instrument on behalf of said Limited Liability Company, and that such Limited Liability Company executed the same in said name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �i TEAL LAROQUE Notary Public for_ NORW01l1111ilC•51AIEOFURN I' ., Residing atL tt (_tcke C'o�n-ty COMMISSION•717502 �.. ,� too' COMM.EXP.03.31.2025 My commission expires_03-31'2-6 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-28-2024 Attest by Chris Johnson, City Clerk 5-28-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-28-2024 _(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 01/01/2024 EXHIBIT 'A' 10 X 10 WATER METER EASMENT: A PARCEL OF LAND SITUATE WITHIN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,CITY OF MERIDIAN,,COUNTY OF ADA,STATE OF IDAHO, SAID PARCEL BEING A PORTION OF LOT 1, BLOCK 3, INGLEWOOD PLACE SUBDIVISION NO. 2, RECORDED AS INSTRUMENT NO.:2023-041500,IN BOOK 126,AT PAGE 20292-20293 OF PLATS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 1, BLOCK 3, INGLEWOOD PLACE SUBDIVISION NO. 2, SAID BEGINNING POINT ALSO BEING IN THE EAST LINE OF S. EAGLE ROAD, AND BEING NORTH 0000'25" WEST, ALONG THE SECTION LINE,A DISTANCE OF 117.92 FEET AND NORTH 8903935" EAST, PERPENDICULAR TO SAID SECTION LINE, A DISTANCE OF 48.00 FEET, FROM THE SECTION CORNER COMMON TO SECTION 20,21,28,&29,TOWNSHIP 3 NORTH,RANGE 1 EAST, BOISE MERIDIAN, PER CP&FR INST.: 111000681; AND RUNNING THENCE NORTH 0000'25" WEST, ALONG SAID WEST LINE OF LOT 3, A DISTANCE OF 10.00 FEET; THENCE NORTH 89059'35" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 0000'25' EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 8905935"WEST, A DISTANCE OF 10.00 FEET,TO THE POINT OF BEGINNING. CONTAINS: 100 SQ. FT. Parcel No.: R4224430100 LA 13889 05/01/24 D. riyr MCNEIL ENGINEERING-SURVEYING,L.C. WWII,ENGINEERING-ST.GEORGE,L.C. �3 0 W � E.ALTA HILLS LANE, ' I (PRIVATE) 7� - n n m co cZ n =n � I 7� g z CA z � Z R rn n � t� m 4& �'J Z incn fl7 . M t � i gM. � p n m �'l m� M A I > r NCAZ II Z o c) II ao v � vm I r- C) : . c 0 I r o I. N N 0 v0 0 zCD z �, W as fV p 0 o r 3 N jNm n WCD Cos 0 c m � oo m n I II m n I j A w m 3 CD r D z1 ------------ w P �-- IA - i N E .0 � � cmn i I ,�►�1S 0 N z Z m m o I r�,�ti o -� °8 8 s 2 z � z I r' Y C x I N m m c co r �ig I qN �� D � 4 " m 2 ,� o 0 0 0 m INGLEWOOD PLACE SUBDIVISION NO. 2 M+ EIL o � $ GOLD STREAM PARTNERS EN, INEERING 'h Amgo kiw rise Future Siwe 1983 ►..• LOCATED IN TIC SW 114 OF THE SW 114 OF SEM 21 "18 S..Smaay 1m*„yy,Sake 200 Sandy,Utab 8"7e MAN TOWN 3 NOW BMtset�I N 77� Ia gA m 71 �RAND 1 EAST, � FM. Ati. WEB 3i't'E AT www-wcnril-xrauo,cam E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Inglewood Place Subdivision No. 2 Water Main Easement No. 1 Lot 3 (ESMT- 2024-0065) ADA COUNTY RECORDER Trent Tripple 2024-028543 BOISE IDAHO Pgs=5 MATT BUNK 05/29/2024 08:16 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE INGLEWOOD PLACE SUBDIVISION NO.2 -Water Meter Easement Water Main Easement Number: 1-Water Meter Easement Lot 3 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklisl-foradditFonal information. For Internal Use Only Record Number: ESMT-2024-0065 WATER MAIN EASEMENT THIS Easement Agreement made this 28th day of May 20 24 between EIG14T PRI ID S MERIDIAN 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,in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXfI1BITS 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 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. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement,including,but not limited to,buildings,trash enclosures, carports, sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Page 1 Version 01/01/2024 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 lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: EIG 14T PjttjD S MERIDIAN LLC BY: !l// ITS: Reed Fenton, anager STATE OF Michigan) ) ss County of Oakland ) On this—3rd day of May ,in the year_2024,personally appeared before me _Reed Fenton whose identity is personally known to me(or proven on the basis of satisfactory evidence and who by me duly sworn/affirmed,did say that(s)he is the Manager of EIG141C PRI ID S MERIDIAN LLC and that this Water Easement was signed by him/her on behalf of said corporation by authority of its bylaws,or(resolution of its board of directors),and acknowledged to me that said Corporation executed the same. Witness my hand and official seal. NOTARY P L RESIDING IN: Oakland County, Michigan My Commission Expires: 8/30/2026 04 ary o elfi ftkvy Public Of MKhQW 0MIN d County Aaft in ft��A�M22 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-28-2024 Attest by Chris Johnson,City Clerk 5-28-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-28-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 EXHIBIT 'A' 10 X 10 WATER METER EASMENT: A PARCEL OF LAND SITUATE WITHIN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST,BOISE MERIDIAN,CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO, SAID PARCEL BEING A PORTION OF LOT 3, BLOCK 3, INGLEWOOD PLACE SUBDIVISION NO.2, RECORDED AS INSTRUMENT NO.: 2023-041500, IN BOOK 126,AT PAGE 20292-20293 OF PLATS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF E. ALTA HILLS LANE (PRIVATE), AS SHOWN ON SAID INGLEWOOD PLACE SUBDIVISION N0.2, SAID POINT BEING NORTH 0000'25" WEST,ALONG THE SECTION LINE,A DISTANCE OF 370.31 FEET AND NORTH 89059'35"EAST,A DISTANCE OF 53.77 FEET FROM THE SECTION CORNER COMMON TO SECTION 20, 21, 28, & 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, PER CP&FR INST.: 111000681; AND RUNNING THENCE NORTH 0000'25"WEST,A DISTANCE OF 10.00 FEET; THENCE NORTH 89059'35"EAST,A DISTANCE OF 10.00 FEET;THENCE SOUTH 0000'25"EAST,A DISTANCE OF 10.00 FEET;THENCE SOUTH 89159'35"WEST, A DISTANCE OF 10.00 FEET, TO THE POINT OF BEGINNING. CONTAINS: 100 SQ. FT. Parcel No.: R4224430300 <n NICNE1L ENGINEERING.SURVEYING,L.C. ==========mcNEIL ENGI NEARING ST.GE.ORGE.L.C. 0 = 11 MZ0rn ��mc II L6 O m � r T Orn — N V_ .._w.._.._ _- z z o o= --N 89°59'35'E 53.77' LB z I rf E.ALTA HILLS LANE, M D N;0 -0 I (PR VATE) - cW m gn I n -z-Im I a a n � n u 010Z0 i OIn 'er _ .._.. .._..—.._.._..T... G < v m= Cl m ca c r m W Z Z e m / o i m l^ N A 0 m met, Z Z �� mG)9l p c C mWi 4 O v ceI II o IW r Z CA Z rn � W � o v m -� G) O N O o (� L .:.z rm^ I I� '� 0 N N 0 v t-lm 7 C4 z -0 o o � 0 > n �z rn z I cn 0 G � CZ I BCD ; gym �_ m m a,. 0 y \ `\ O n e CQO � � v n 4 I 0 m m n rO II 20 !21 \ v 29 2CD 8 z WtA -1rn D Oo0 II Nmz Nmz= mm =M r 14 CD z m co o0 O =m Z z .Z � Z m oo i -0� m m m n to ;0 Z rTl o o m m �o�N W N N n = s c m m z Z a to o m m m C' K _0 D r �. i� m n II m 0 0 0 0 m 0 0 0 0 m � m I NGLEWOOD PLACE SUBDIVISION NO 2 cNEIL 1 _ ISM II GOLD STREAM PARTNERS a ENGINEERING Designing jor the Futerre Since 1983" LOCATED IN THE SW 114 OF THE SW 114 OF SECTION 21 B610 So,TEL.(801)Sandy Parkway,7700 Suite 200 55 and ,Utah 84070 II`` JL TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN, E-MAIL info@nicneileng.com WED SITE AT wv w.meneil-group.com E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Winco Wells No. 1 Sanitary Sewer and Water Main Easement No. 4 (ESMT- 2024-0064) ADA COUNTY RECORDER Trent Tripple 2024-028542 BOISE IDAHO Pgs=10 MATT BUNK 05/29/2024 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Win oWellsN01. Sanitary Sewer&Water Main Easement Number: 04 Identify this Easement by sequential number if project contains more than one easement of this type.(See Instructions fbr additional information). For Internal Use Only Record Number: ESMT-2024-0064 SANITARY SEWER AND WATER MAIN_EASET THIS Easement Agreement made this 28th day of May 20 24 between CRP/MHS Seasons Meridian Owner L.L.C. ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of way across the premises and property particularly bounded and described in Exhibits A and attached hereto and made a part hereof; 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 a non-exclusive easement for the operation and maintenance of sanitary sewer and water mains over, under and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities,together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this Easement Agreement. Sanitary Sewer and Water Main Easement Pagel 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. GRANTEE agrees that this Easement Agreement is nonexclusive and the lands subject to this Easement Agreement may be used for any purpose that is not inconsistent with the rights conveyed to Grantee hereunder, and Grantor expressly reserves the right to use the Easement area described in Exhibits A and B for any purposes that do not interfere with Grantee's rights under this Easement Agreement. 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, except those matters of record. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. [end of agreement; counterpart signature pages follow] Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTOR: CRP/MHS SEASONS MERIDIAN OWNER,L.L.C., a Delaware limited liability company By: CRP/MHS SEASONS MERIDIAN VENTURE, L.L.C., a Delaware limited liability company, its sole member By: CRP SEASONS MERIDIAN MEMBER, L.L.C., a Delaware limited liability company, its Member By: Name: �f, Mhrntir Its: ra r 0 r " STATE OF_N W(Aik ) )ss. County of T C ) On this 3_ day of April, 2024, befor me, _ arv. rorysicLf , a Notary Public in and for said State, personally appeared_ /Vl ,known or identified to me to be the _A4 cing I G of CRP S SONS M DIAN MEMBER, L.L.C., a Delaware limited liability company, he Member of CRP/MHS SEASONS MERIDIAN VENTURE, L.L.C., a Delaware limited liability company, the sole member of CRP/MHS SEASONS MERIDIAN OWNER, L.L.C., a Delaware limited Iiability company, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. AAAFY Rotary Public,,State State of of Nevada Appointment No.21.3594-01 Notary Pu is for the State of_W eVjjA i 6Ay Appt.&Pires Dec 17,2025 Residing at-LA1r u �yg�,01 My commission expir i2 1�1207S GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 5-28-2024 Attest by Chris Johnson, City Clerk 5-28-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-28-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp BCIOW Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 LEGAL DESCRIPTION T 1 HE Page 1 OF 5 1 LAND -.: GR0UP April 5, 2024 Project No.: 120124 SEWER/WATER EASEMENT WINCO WELLS SUBDIVISION No.1 MD OVERLAND WELLS, LLC EASEMENT PERIMETER An easement perimeter located in the Southwest Quarter of the Southeast Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One Quarter Corner of said Section 17, (from which point the Southeast Corner of said Section 17 bears North 89°46'00" East, 2656.84 feet distant);thence on the south line of said Section 17, North 89°46'00" East, 754.05 feet;thence leaving said south line, North 00°14'00" West, 116.59 feet,to the POINT OF BEGINNING of EASEMENT PERIMETER: Thence North 44'35' 55" West, 41.37 feet; Thence North 00' 24' 05" East, 296.75 feet,to POINT A; Thence North 89'35' 55"West,33.50 feet; Thence North 00' 24' 05" East,30.00 feet; Thence South 89'35' 55" East, 33.50 feet; Thence North 00'24' 05" East, 285.42 feet; Thence North 89'35' 55"West, 29.67 feet; Thence North 00'24'05" East, 20.00 feet; Thence South 89'35'55" East, 29.67 feet; Thence North 00'24' 05" East, 349.24 feet; Thence North 84°01' 00" West, 33.66 feet; Thence North 00'24'05" East, 25.12 feet; Thence South 84'01'00" East,47.86 feet; Thence South 80' 12' 53" East, 139.80 feet; Thence South 75'39'39" East, 13 6.3 8 feet; Thence South 71' 25'40" East, 110.77 feet; Thence South 67°08' 27" East, 168.67 feet; Thence South 22'08' 27" East, 16.65 feet; Thence South 00'24'05" West, 228.06 feet; Thence South 89°35' 55" East, 45.89 feet; Thence South 00'08'32" East, 20.00 feet; Thence North 89'35' 55"West,46.08 feet; Thence South 00° 24' 05" West, 117.65 feet; Thence South 89'35' 55" East, 11.50 feet; Thence South 00'24'05"West, 10.00 feet; Thence North 89'35' 55" West, 11.50 feet; Thence South 00' 24'05" West, 131.18 feet; Thence South 89'35' 55" East, 48.54 feet; Thence South 00'08' 32" East, 20.00 feet; Thence North 89'35' 55" West, 15.19 feet; i s#:}}jar [)rive, Suis.F: 30G, Eagle, Idaho 83 9"u 208 335.=1011 t^ ;ancrcrrr.;ttp'tc COM April 5, 2024 Page 2 Thence South 00' 27' 18" West, 7.50 feet; Thence North 89'32' 42" West, 10.00 feet; Thence North 00' 27' 18" East, 7.50 feet; Thence North 89'35'55"West,23.54 feet,to POINT B; Thence South 00' 24' 05" West,326.18 feet; Thence South 45' 24' 05" West, 16.01 feet; Thence North 89' 35' 55"West, 140.67 feet; Thence South 00' 24' 05" West,50.49 feet; Thence South 89'46'00"West, 20.00 feet; Thence North 00' 24' 05" East, 50.71 feet; Thence North 89' 35' 55" West, 350.69 feet to the POINT OF BEGINNING of EASEMENT PERIMETER. The above-described easement perimeter contains 541,421 Ft' (12.429 Acres) more or less. EXPECTING THEREFROM EXCLUSION AREA-1 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point A.thence South 89°35'55" East, 25.00 feet,to the POINT OF BEGINNING of EXCLUSION AREA-1: Thence South 89' 35' 55" East,228.47 feet; Thence South 00' 24' 05" West, 63.12 feet; Thence North 89' 35' 55" West,30.30 feet; Thence South 00'24'05" West, 20.00 feet; Thence South 89'35' 55" East, 30.30 feet; Thence South 00' 24'05" West, 167.38 feet; Thence South 89' 35'55" East, 17.50 feet; Thence South 00' 24' 05" West, 50.50 feet; Thence North 89'35'55"West, 204.72 feet; Thence North 00' 25' 20" East, 33.00 feet; Thence North 89'34' 47" West,20.00 feet; Thence South 00' 25' 26" West, 18.05 feet; Thence North 89'34' 47" West, 2.95 feet; Thence South 45' 24' 05"West, 13.18 feet; Thence North 44'35' 55" West, 12.69 feet; Thence North 00'24' 05" East, 286.39 feet to the POINT OF BEGINNING of EXCLUSION AREA-1. FURTHER EXPECTING THEREFROM 4f Site Planning•Landscape Architecture •Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041 •www.thelandgroupinc.com April 5, 2024 Page 3 EXCLUSION AREA-2 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point A, thence North 51°44'30" East 32.02 feet, to the POINT OF BEGINNING of EXCLUSION AREA-2: Thence North 00'24'05" East, 7.50 feet; Thence South 89'35' 55" East,34.70 feet; Thence North 00°24' 05" East, 10.00 feet; Thence North 89°35' 55" West, 34.70 feet; Thence North 00'24'05" East, 220.87 feet; Thence South 89°35'55" East,36.50 feet; Thence North 00°23'48" East, 20.00 feet; Thence North 89'35'55" West, 36.50 feet; Thence North 00'24'05" East, 50.13 feet; Thence South 89°35' 55" East, 39.40 feet; Thence North 00°24' 05" East, 11.50 feet; Thence North 89'35' 55"West,39.40 feet; Thence North 00' 24' 05" East,44.03 feet; Thence South 89°35' 55" East,30.07 feet; Thence North 00° 23'48" East, 20.00 feet; Thence North 89°35' 55" West,30.07 feet; Thence North 00°24'05" East, 259.09 feet; Thence South 89°35' 55" East,23.81 feet; Thence North 00'24'05" East, 10.00 feet; Thence North 89°35' 55"West, 23.81 feet; Thence North 00°24' 05" East, 8.14 feet; Thence South 80° 12' 53" East, 123.66 feet; Thence South 75'39' 39" East, 125.15 feet; Thence South 00°24'05" West,25.55 feet; Thence North 89°35' 55"West,40.75 feet; Thence South 00'24'05"West, 20.00 feet; Thence South 89°35'55" East, 25.75 feet; Thence South 00°24'05"West,255.15 feet; Thence North 89°35' 55"West, 12.66 feet; Thence South 00'24'05" West, 10.00 feet; Thence South 89°35' 55" East, 12.66 feet; Thence South 00°24'05" West, 171.77 feet; Thence North 89°37'41" West,6.50 feet; Thence South 00'22' 19"West, 10.00 feet; Thence South 89°37'41" East, 6.49 feet; Thence South 00°24'05"West,49.88 feet; Thence North 89'35'57"West, 23.13 feet; Thence South 00' 24'35"West, 20.00 feet; Y9" Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle, Idaho 83616•P 208,939.4041•www.thelandgroupinc.com April 5,2024 Page 4 Thence South 89°35'S7" East, 23.14 feet; Thence South 00'24'05"West,48.61 feet; Thence North 89°35'55"West,228.47 feet to the POINT OF BEGINNING of EXCLUSION AREA-2. FURTHER EXPECTING THEREFROM EXCLUSION AREA-3 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point B, thence North 70°49'14" West 26.41 feet, to the POINT OF BEGINNING of EXCLUSION AREA-3: Thence North 89°35' 55"West,235.97 feet; Thence North 00'24'05" East, 111.21 feet; Thence South 89°35' 55" East, 20.22 feet; Thence North 00°24' 05" East, 20.00 feet; Thence North 89°35' 55" West, 20.22 feet; Thence North 00° 24'05" East, 101.13 feet; Thence South 89'35' 55" East, 26.12 feet; Thence North 00'24' 05" East, 20.00 feet; Thence North 89°35' 55"West, 26.12 feet; Thence North 00° 24'05" East, 330.11 feet; Thence South 89°55' 59" East, 22.54 feet; Thence North 00°04' 01" East, 10.00 feet; Thence North 89°55'59"West, 19.98 feet; Thence North 00'24'05" East, 11.01 feet; Thence South 71°25'40" East, 92.12 feet; Thence South 67°08' 27" East, 131.36 feet; Thence South 22'51'33"West, 15.11 feet; Thence South 67°08' 27" East, 10.00 feet; Thence North 22°51'33" East, 15.11 feet; Thence South 67°08' 27" East, 16.01 feet; Thence South 22°08'27" East, 1.32 feet; Thence South 00'24'OS" West,45.03 feet; Thence North 89°35'55" West,41.51 feet; Thence South 00° 23' S5"West, 20.00 feet; Thence South 89°35'55" East,41.51 feet; Thence South 00°24'OS" West,448.39 feet to the POINT OF BEGINNING of EXCLUSION AREA-3. FURTHER EXPECTING THEREFROM Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939,4041•www.thelandgroupinc.com April 5, 2024 Page 5 EXCLUSION AREA-4 An area of land located in the Southwest Quarter of the Southeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at aforementioned Point B, thence South 65°41'56" West 27.52 feet, to the POINT OF BEGINNING of EXCLUSION AREA-4: Thence South 00°24'05" West, 220.39 feet; Thence North 89°35' 55" West,41.51 feet; Thence South 00°23'S5"West, 20.00 feet; Thence South 89°35'55" East,41.51 feet; Thence South 00°24'05"West, 60.61 feet; Thence North 89'35' 55" West, 10.45 feet; Thence North 00°24'05" East, 17.07 feet; Thence North 89°35' 55" West, 12.00 feet; Thence South 00°24'OS" West, 17.07 feet; Thence North 89°35' 55"West, 211.02 feet; Thence North 00°24' 05" East,4.75 feet; Thence South 89°35' 55" East, 12.67 feet; Thence North 00°24'05" East, 10.00 feet; Thence North 89*35' 55" West, 15.17 feet; Thence North 00°24'05" East, 249.46 feet; Thence South 89°35'55" East, 9.00 feet; Thence North 00°24'05" East, 10.00 feet; Thence North 89°35' 55" West, 9.00 feet; Thence North 00"24'05" East, 3.16 feet; Thence South 89°35' 55" East, 33.00 feet; Thence North 00'25' 27" East, 20.00 feet; Thence North 89°35' 55"West,33.00 feet; Thence North 00.24' 05" East, 3.63 feet; Thence South 89°35' 55" East, 235.97 feet to the POINT OF BEGINNING of EXCLUSION AREA-4. The above-described easement contains 130,632 Ft2(2.999 Acres) more or less. Prepared by: The Land Group,Inc. Michael S. Femenia, PLSA �W G O a 13 5 �, �? COF� �ZL S. Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com y m CA 0. CD p CD CD cu m N as OR a Q at CD d .` a m Y y a 7 9 s m y C9 CD ar,, € I E EE E56a 96 �6 J�• �F � Wn. Q IfJ/fl 5 R a & e 4 §5 F. 8 u as at t 15g- TET Yr / FF gg �i mIT m A A i w £ X SIfpp/' trr tY �1 qp o S' n S ly v E e . d a d $ p i G. E F c c c G s c E s c i u J ins wmaF aum i// urns+a ma,• F' F = R a p Y k f i ti �� 1 n 1 nilf i m _ Z wr+erw uen �in7mr toll s a 3 sesr ovsnuxn noRn� E Sewer/ Water Easement 1� _O-twll/ City of Meridianj 2700 Easl Ouerlantl goatl m M.d0a.,Idaho 83642 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Foxcroft Subdivision No. 2 Water Main Easement No. 2 (ESMT-2024- 0068)28th28 Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-028544 Foxcroft Subdivision no 2 BOISE IDAHO Pgs=9 MATT BUNK 05/29/2024 08:16 AM CITY OF MERIDIAN,IDAHO NO FEE Water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one ADA COUNTY RECORDER Trent Tripple easement of this type.See instruction s/cheWi st for additional information. 2024-030589 BOISEIDAHO Pgs=15 VICTORIA BAILEY 06/07/2024 10:12 AM For Internal Use Only CITY OF MERIDIAN, IDAHO NO FEE Record Number: ESMT-2024-0068 Re-Record to Replace Exhibits A and B WATER MAIN EASEMENT THIS Easement Agreement made this 28th day of May, 2024,between Open Door Rentals LLC Corporation("Grantee")-5 ("Grantor")and the City of'Meridian, an Idaho Municipal WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 13) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair andreplacement at the convenience ofthe Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation 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 Water Main Easement Page 1 Version 01/01/2024 Project Name or Subdivision Name: Foxcroft Subdivision no 2 Water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: ESMT-2024-0068 Re-Record to Replace Exhibits A and B WATER MAIN EASEMENT THIS Easement Agreement made this 28th day of May, 2024,between Open Door Rentals LLC Corporation("Grantee")-5 ("Grantor")and the City ofMeridian, an Idaho Municipal 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 f'or through underground pipelines to be constructed by others; and W11EREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair andreplacement at the convenience ofthe Grantee,with die 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 malting 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. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including,but not limited to,buildings,trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Page 1 Version 01/01/2024 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 lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Open Door Rentals LLC STATE OF ID O ) ss County of Ada ) This record was acknowledged before me onEKOW $ �0? (date) by—(,)W-e!¢ 6e -�✓J (name of individual), [cornplete the follovving Z sagmnaIt) in a representative capacity, or strike the folloMngo, Zf sigaiing in can individual capacity) on behalf of_ e i2e-Aids Ile- (name of entity on behalf of whom record was executed), in the fo lowing representative capacity: M,0A tiu (type of authority such as officer or trustee) Notary Stamp Below Qom/ Notary Signature AOAIR K tale o My Commission Expires:_� 4S—ID �Notary Publ;c- State of Idaho Commission Number 30052 My Commission Expires O6-o5-202B Water Main Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN o t . Si iso Mayor 5-28-2024 Attest by C is Joh�' r ,N°` ity Clerk 5-28-2024 STATE OF IDAHO, ) : SS. County of Ada ) This record was acknowledged before me on_5-28-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below CHARLENE WAY COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expir- 3-28-2028 STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 Exhibit A Foxcroft Apartments April 25, 2023 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: C he East 1/4 corner of said Section 10 from er 1/4 corner 10 bears, North 89°36'02" West, 2655.6 on the east-west ce Section 10, North 89036'02" West, 3 nce leaving said ea ine, North 00023'59" East, 28.71 NT OF BEGINNING; thence contin °23'59" East, 55.20 fe thence North 89 7.30 feet; thence North 00023' feet; thence North 66039'02" thence South 23020'58" We thence North 66°39'02" West, thence North 23020'58" E thence North 66039'0 4 f thence South 2302 .50 feet; thence North 6 , 21.00 feet; thence No ast, 18.50 feet; thence " West, 199.00 feet; the 0'S8" West, 91.50 feet; 6039'02" East, 12.50 feet; S��N�E SN�N G G 11779 CP V1z5A&23 c�op9�F O F SOP p� YM McCk Page 1 of 4 thence South 23°20'58" West, 20.00 feet; thence North 66°39'02" West, 12.50 feet; thence South 23°20'58" West, 43.87 feet; thence South 00°23'58" West, 138.08 feet; t °36'02" East, 25.00 feet; then 'S8" West, 12.50 feet; thence " East, 85.31 feet; thence Sout st, 24.30 feet to the er of an existing City of Meridian wate thence on the nor e, North 8 , 20.00 feet; thence leaving said n lin '58" East, 4.30 feet; thence North 89°36'02" thence North 00°23'58" East, thence North 89°36'02" We thence North 00°23'58" thence South 89°36' 0 feet, thence North 00 45.89 feet; thence Nort st, 30.18 feet; thence West, 43.00 feet; then '58" East, 20.00 feet; t °39'02" East, 43.00 feet; 23°20'58" East, 84.16 feet; ANC v\GENS,�., �G 11779 �p TF OF yM MCCPM� Page 2 of 4 thence North 66039'02" West, 21.32 feet; thence North 23°20'58" East, 25.09 feet; thence North 66039'02" West, 45.70 feet; thence North 23020'58" East, 32.00 feet; the 9'02" East, 20.00 feet; thence " West, 12.00 feet; thence So ast, 279.00 feet; thence North 17.81 feet; thence South 66' 00 feet; thence South 23°20'5 fe thence South 66039'02" E thence North 23°20'58" East, thence South 66°39'02" Ea thence South 23°20'58" thence South 66039' .50 fee thence North 230 3.50 feet; thence Sout st, 20.00 feet; thence West, 13.50 feet; then '02" East, 10.60 feet; ONPL LANO o p j 11779 e s/Zn23 z F �yM, McCPM� Page 3 of 4 thence South 00023'59" West, 85.72 feet to the northerly right-of-way line of W. Pine Avenue; thence on said northerly right-of-way line, South 82032'41" West, 20.19 feet to the POINT OF BEGINNING. Containing 32,329 square feet or 0.742 acres, more or less. End of LANt �\ ENSF s G� 1 779 cn� Z6Z3 0 C0p9TF OF YM M R PN`� Page 4 of 4 LINE TABLE LINE TABLE LINE TABLE LINE BEARING I LENGTH LINE BEARING LENGTH LINE I BEARING LENGTH L1 NO'23'59"E 28.71 L18 S89'36'02"E 85.31 L35 N23'20'58"E 32.00 L2 NO'23'59"E 55.20 L19 SO'23'58"W 24.30 L36 S66'39'02"E 20.00 L3 N89'36'01" L20 S89'36'02"E 20.00 8"W 12.00 L4 NO'23'59"E L21 NO'23'58"E 4.30 20'S8"E 17.81 L5 S23'20'58"W 1 L22 N89'36'02"W 110.31 66'39'02"E 20.00 L6 N66'39'02"W 24.0 3 NO'23'58"E 3.75 S23'20'58"W 17.81 L7 N23'20'58"E 18.50 S89'36'02"E 42.0 1 N23'20'58"E 12.50 L8 S23'20'58"W 18.50 0'23'58"E 2 L42 S66'39'02"E 25.00 L9 N66'39'02"W 21.00 '36'02"E L43 S23'20'58"W 12.50 L10 N23'20'58"E 18.50 '58" L44 N23'20'58"E 13.50 L11 S23'20'58"W 91.50 L L45 S66'39'02"E 20.00 I L12 S66-39'02"E 12.50 L29 L46 S23-2C'58"W 13.50 L13 S23'20'58"W 20.00 L30 .00 L47 S66'39'02"E 10.60 L14 N66'39'02"W 12.50 L31 16 L48 SO'23'59"W 85.72 L15 S23'20'58"W 43.87 L3 L49 S82.32'41"W 20.19 L16 S89'36'02"E 25.00 L17 SO'23'58"W 12.50 '02" v O 11 � ���z5/�o23P0 0 TFOF �� yM MCCN F.\F..-It Sub N. 2 21-406\dwg\F-,.ft S.b WM-E..drg 4/25/2023 5 27:55 FM awi IDAHO Exhibit B 21b406 xcr 9955 W.EMERALD ST, Fooft Apartments Sheet No. pl BOISE.DAHO 63704 SURVEY /1 (zaa)64G657a 2 of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date T.3N., RAW., B.M., City of Meridian, Ada County, Idaho. 4/25/2023 I I Moshers Farm. 4 6 L37 Sub. � (34 S6��9 00. I L33 391 I L32 �^ v N6 I 63�.0 N 4 0 L12 199 00. 40 243 �28 � L10 639 2'F L41 L27 L14 w 442 w I 00 L43 I E 0°)0 n S00'23'58"W w Ui cv 138.08' r f 0 v46 v Z N6 S L46 Z L26 L16 L17 Irz ,n L18 L47 I N (3_) 00 J t24 L22 J i J N I L23 L21 I L20 f —' W. Pine Ave. ing 7i L49 1/4 C 1/4 --11.. _2321.17'_ 334,50' S,10 S.11 .. ..... . N89. . ... .. ... . I I I es ONPL LAND E NS `S 779 7,3 ,r e Sheet 2 for �O Line Tables N Scale: 1"=150' 0 75 150 300 P.\Fo.crofl Sub No. 2 21-406\dwg\Fo.croft Sub Woter E..dwg 4/25/2023 8:03:49 PM IDAHO Exhibit B 21b406 SURVEY 9955 . EMERALD DAH083704 Foxcroft Apartments Sheet No. BOISE.IDANO 83�04 (20B)846B570 1 of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date T.3N., RAW., B.M., City of Meridian, Ado County, Idaho. 4/25/2023 Exhibit A Foxcroft Apartments June 3, 2024 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02" West, 2655.68 feet; thence on the east-west centerline of said Section 10, North 89036'02" West, 334.50 feet; thence leaving said east-west centerline, North 00023'59" East, 28.71 feet to the POINT OF BEGINNING; thence continuing, North 00023'59" East, 55.20 feet; thence North 89036'01" West, 17.30 feet; thence North 00023'59" East, 27.35 feet; thence North 66039'02" West, 176.71 feet; thence South 23020'58" West, 18.50 feet; thence North 66039'02" West, 24.00 feet; thence North 23°20'58" East, 18.50 feet; thence North 66039'02" West, 286.84 feet; thence South 23020'58" West, 18.50 feet; thence North 66039'02" West, 21.00 feet; thence North 23020'58" East, 18.50 feet; thence North 66039'02" West, 199.00 feet; thence South 23020'58" West, 91.50 feet; thence South 66039'02" East, 12.50 feet; thence South 23020'58" West, 20.00 feet; ONPL L ANC thence North 66°39'02" West, 12.50 feet; GENS�c,�`r G thence South 23020'58" West, 43.87 feet; 1 779 thence South 00°23'58" West 138.08 feet; 3, 2®Z. ° yz 00 9TF OF �QP O� oyM McCN Page 1 of 3 thence South 89036'02" East, 25.00 feet; thence South 00023'58" West, 12.50 feet; thence South 89°36'02" East, 85.31 feet; thence South 00023'58" West, 24.30 feet to the Northeast corner of an existing City of Meridian water easement; thence on the north easement line, North 89036'02" West, 20.00 feet; thence leaving said north easement line, North 00023'58" East, 4.30 feet; thence North 89036'02" West, 110.31 feet; thence North 00023'58" East, 3.75 feet; thence North 89°36'02" West, 42.00 feet; thence North 00023'58" East, 25.00 feet; thence South 89036'02" East, 42.00 feet; thence North 00023'58" East, 145.89 feet; thence North 23020'58" East, 30.18 feet; thence North 66°39'02" West, 45.00 feet; thence North 23020'58" East, 20.00 feet; thence South 66039'02" East, 45.00 feet; thence North 23020'58" East, 84.16 feet; thence North 66039'02" West, 23.82 feet; thence North 23020'58" East, 25.09 feet; thence North 66039'02" West, 44.70 feet; thence North 23020'58" East, 32.00 feet; thence South 66039'02" East, 21.50 feet; pNNk- LAND thence South 23020'58" West, 12.00 feet; IK thence South 66039'02" East, 277.00 feet; 11779 �0p9TF OF YM MCCN Page 2 of 3 thence North 23020'58" East, 17.81 feet; thence South 66°39'02" East, 22.00 feet; thence South 23020'58" West, 17.81 feet; thence South 66039'02" East, 243.50 feet; thence North 23°20'58" East, 12.50 feet; thence South 66°39'02" East, 25.00 feet; thence South 23020'58" West, 12.50 feet; thence South 66039'02" East, 208.50 feet; thence North 23°20'58" East, 13.50 feet; thence South 66039'02" East, 20.00 feet; thence South 23020'58" West, 13.50 feet; thence South 66039'02" East, 10.60 feet; thence South 00023'59" West, 85.72 feet to the northerly right-of-way line of W. Pine Avenue; thence on said northerly right-of-way line, South 82"32'41" West, 20.19 feet to the POINT OF BEGINNING. Containing 32,516 square feet or 0.746 acres, more or less. End of Description. GE N SFD 11 79 N� PO OF \� 0� YM MCCN Page 3 of 3 I I Moshers Farm C36 L37 Sub. � L 34 S66• ��' 33 I 39'? I F L32 M v �6639, L38 43g C30 L12 lg .00, L40 ?43 4? v L10 49 � 9' S66- s0' L27 8 L14 iV6 0?F L41 of I w v 6 39' 4.1 a) I 00 -f`�0 S00'23'58"W ?8684, L43 208.50'02"E c I c"4 138.08' ~ L44 Z v46 v �663 4�S L46 Z N L26 L16 L18 Ll 7 1�6)0?"�, J L47 L24 ao L22 I I J L3 N � L23 L21 I L20 J Point of W. Pine Ave. Beginning J L49 1/4 — — 2321.17' C 1/4 334.50' S.10 S.11 5.10 N89°36'02"W 2655.68' Basis of Bearings I Mile High I Pines Sub. \oNNL LAHp s NSA" .c or 0 11779 * o o P See Sheet 2 for OF O� Line Tables YM McCP►N`� N Scale: 1"=150' 0 75 150 300 P:\Foxcroft Apartments 21-406\dwg\Foxcroft Sub Water Ex.dwg 6/3/2024 8:51:00 AM DAHO Exhibit B 21b 406 SURVEY 9955W AHO83704MERALD Foxcroft Apartments Sheet No. BO8)84 DAHO 83704 (208)846-8570 1 Of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date T.M., RAW., B.M., City of Meridian, Ada County, Idaho. 6/3/2024 LINE TABLE LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH L1 NO'23'59"E 28.71 L18 S89'36'02"E 85.31 L35 N23'20'58"E 32.00 L2 NO'23'59"E 55.20 L19 SO'23'58"W 24.30 L36 S66'39'02"E 21.50 L3 N89'36'01"W 17.30 L20 N89'36'02"W 20.00 L37 S23'20'58"W 12.00 L4 NO'23'59"E 27.35 L21 NO'23'58"E 4.30 L38 N23'20'58"E 17.81 L5 S23'20'58"W 18.50 L22 N89'36'02"W 110.31 L39 S66'39'02"E 22.00 L6 N66'39'02"W 24.00 L23 NO'23'58"E 3.75 L40 S23'20'58"W 17.81 L7 N23'20'58"E 18,50 L24 N89'36'02"W 42.00 L41 N23'20'58"E 12.50 L8 S23'20'58"W 18.50 L25 NO'23'58"E 25.00 L42 S66'39'02"E 25.00 L9 N66'39'02"W 21.00 L26 S89'36'02"E 42.00 L43 S23'20'58"W 12.50 L10 N23'20'58"E 18.50 L27 N23'20'58"E 30.18 L44 N23'20'58"E 13.50 L11 S23'20'58"W 91.50 L28 N66'39'02"W 45.00 L45 S66'39'02"E 20.00 L12 S66'39'02"E 12.50 L29 N23'20'58"E 20.00 L46 S23'20'58"W 13.50 L13 S23'20'58"W 20.00 L30 S66'39'02"E 45.00 L47 S66'39'02"E 10.60 L14 N66'39'02"W 12.50 L31 N23'20'58"E 84.16 L48 SO'23'59"W 85.72 L15 S23'20'58"W 43.87 L32 N66'39'02"W 23.82 L49 S82'32'41"W 20.19 L16 S89'36'02"E 25.00 L33 N23'20'58"E 25.09 L17 I SO'23'58"W 12.50 L34 N66'39'02"W 44.70 \�NNIL L ANp s \,�GENSF 1 779 C�p9FOF ��Pp� YM M CC PN`� P:\Foxcroft Apartments 21-406\dwg\Foxcroft Sub Water Ex.dwg 6/3/2024 9:36:18 AM IDAHO Exhibit By l 21b406 SURVEY 9955W AHO83704MERALD Foxcroft Apartments Sheet No. BOISE,IDAHO 83704 (208)846-8570 2 of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date T.3N., R.M., B.M., City of Meridian, Ada County, Idaho. 6/3/2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Summertown Subdivision Water Main Easement No. 1 (ESMT-2024-0069) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-028545 SUMMERTOWN SUBDIVISION BOISE IDAHO Pgs=5 MATT BUNK 05/29/2024 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only R ESMT-2024-0069 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 28th day of May 20 24 between SUMMERTOWN 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, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation 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 Water Main Easement Page 1 Version 01/01/2024 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 lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SUMMERTOWN LLC r STATE OF IDAHO } ) ss County of Ada } This record was acknowledged before me on Db o4 (date)by &&n ..Vb6n�'__ (name of individual), [complete the fallowing l signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of _ knntx+ +�- owv� l-L-C- (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) Notary Stamp Below 0%0S "$,, .t e. .No. .•• gOT �.�' otary Signature �•� My Commission Expires: b-7 U a - �AUBl.IG r OF • �� • r�rrrn •N•• Water Main Easement Page 2 Version 0lb 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-28-2024 Attest by Chris Johnson, City Clerk 5-28-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-28-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 DESCRIPTION FOR SUMMERTOWN SUBDIVISION CITY OF MERIDIAN WATER LINE EASEMENT A portion of Government Lot 2 of Section 1, T.3N., RAW., Boise Meridian, City of Meridian, County of Ada, State of Idaho, being more particularly described as follows: Commencing at the N1/4 corner of said Section 1 from which the NE corner of said Section 1 bears South 89046'48" East, 2662.22 feet; thence South 81°44'47" East, 345.59 feet to a point on the South right-of-way line of W. Ustick Road, said point being the REAL POINT OF BEGINNING; thence along said South right-of-way line South 89046'48" East, 20.00 feet; thence leaving said South right-of-way line South 00013'12" West, 17.00 feet; thence North 89046'48" West, 20.00 feet; thence North 00013'12" East, 17.00 feet to the REAL POINT OF BEGINNING. is 0. 77 9 x k 5)311-) o f ° �G.C* Page 1 of 1 Z Z N n I ID �N t 3 N Lo -- - U' 42� N`d 1012J3 N 'N J�JE`IOR - - - - - 5 O �! U) CO N v b��dv a o LL. w I` O E Z F- z L v c wo U) zIz sad G Na 3 J � oQ v :3 N zcr v c Lduj o � o I I c v 0E- E � " E 0 � o m I 4- � c3 I O ad ¢ z ,00'L L U 0 N LOOS N C� CND I n IL W QNOf � 1 r W Y o0 O oI LL 00 H O O °� wom 00 m Z v mm� Q 00 I I m cn cr o ,00 L L E i 3„Z l,C L.00N P � O W m Q � zo 0 I d. E O N O I II ai o o ' U Lo vi N _N--3�OVN3A _N d- o E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Delano Apartments Sanitary Sewer and Water Main Easement No. 1 (ESMT- 2024-0071) ADA COUNTY RECORDER Trent Tripple 2024-028622 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 05/29/2024 11:12 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Delano Apartments Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: ESMT-2024-0071 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 28th day of May 2024 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 such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I Version 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: OPEN DOOR RENTALS LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 0' , 2024, by Corey D. Barton on behalf of Open Door Rentals LLC in the fo lowing representative capacity: Member Notary Stamp Below ADAIR KOLTES Notary Public- State of Idaho Notary Signature Commission Number 30052 My Commission Expires: S My Commission Expires 06-05-2028 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-28-2024 Attest by Chris Johnson, City Clerk 5-28-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-28-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 EXHIBIT A Legal Description City of Meridian Sewer and Water Easement Delano Apartments An easement over a portion of Lot 2, Block 6 of Delano Subdivision No. 1 as shown in Book 121 of Plats on pages 19124 through 19128, Records of Ada County, Idaho, and being located in the N '/z of the SE '/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT Commencing at a 5/8 inch diameter iron pin marking the northwest corner of said Lot 2, Block 6, from which a 5/8 inch diameter iron pin marking the northeast corner of said Lot 2, Block 6 bears N 89146'34" E a distance of 481.15 feet; Thence S 0113'26" W along the westerly property line of said Lot 2, Block 6 a distance of 10.00 feet to the POINT OF BEGINNING; Thence leaving said property line S 89046'34" E a distance of 404.20 feet to a point; Thence S 66113'14" E a distance of 47.79 feet to a point; Thence S 0030'26" W a distance of 237.90 feet to a point; Thence S 89046'34" E a distance of 33.00 feet to a point on the easterly property line of said Lot 2, Block 6; Thence along said property line S 0030'26" W a distance of 20.00 feet to a point; Thence leaving said property line N 89046'34" W a distance of 379.83 feet to a point; Thence S 48153"6" W a distance of 31.59 feet to a point; Thence N 89044'19" W a distance of 76.18 feet to a point on the westerly property line of said Lot 2, Block 6; Thence along said property line N 0013'26" E a distance of 19.97 feet line to a point; Thence leaving said property line S 89046'34" E a distance of 68.66 feet to a point; Thence N 48053"6" E a distance of 31.56 feet to a point; Thence S 89046'34"E a distance of 11.64 feet to a point; Thence N 0013'26" E a distance of 226.93 feet to a point; Thence S 89149'53" W a distance of 53.02 feet to a point; Thence S 0013'26" W a distance of 29.61 feet to a point; Delano Apartments ° ' ig�� tdonng Meridian Water Easement �Lantl Surveying and Consulting Job No.22-45 Page 1 of 4 Thence N 89146'52" W a distance of 1.67 feet to a point; Thence S 0013'08" W a distance of 2.00 feet to a point; Thence N 89046'52" W a distance of 16.67 feet to a point; Thence N 0013'08" E a distance of 2.00 feet to a point; Thence N 89046'52" W a distance of 1.67 feet to a point; Thence N 0113'26" E a distance of 29.47 feet to a point; Thence S 89149'53" W a distance of 30.98 feet to a point on the westerly property line of said Lot 2, Block 6 Thence along said property line N 0013'26" E a distance of 30.78 feet to the POINT OF BEGINNING. EXCLUDING THEREFROM the following described parcel: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of said Lot 2, Block 6, from which a 5/8 inch diameter iron pin marking the southeast corner of said Lot 2, Block 6 bears S 0030'26" W a distance of 316.85 feet; Thence along the easterly property line of said Lot 2, Block 6 S 0130'26" W a distance of 42.43 feet to a point; Thence leaving said property line N 89129'34" W a distance of 53.00 feet to the POINT OF BEGINNING. Thence S 0130'26" W a distance of 98.21 feet to a point; Thence N 89129'34" W a distance of 12.02 feet to a point; Thence S 0130'26" W a distance 20.00 feet to a point; Thence S 89029'34" E a distance of 12.02 feet to a point; Thence S 0030'26" W a distance of 106.62 feet to a point; Thence N 89046'34" W a distance of 52.82 feet to a point; Thence N 0113'26" E a distance of 35.04 feet to a point; Thence N 89029'52" W a distance of 1.68 feet to a point; Thence N 0030'08" E a distance of 2.00 feet to a point; Delano Apartments Q___' Land Surveying and Consulting Meridian Water Easement Job No.22-45 Page 2 of 4 Thence N 89129'52" W a distance of 16.67 feet to a point; Thence S 0030'08" W a distance of 2.00 feet to a point; Thence N 89029'52" W a distance of 1.65 feet to a point; Thence S 0013'26" W a distance of 35.14 feet to a point; Thence N 89146'34" W a distance of 98.62 feet to a point; Thence N 0013'26" E a distance of 15.50 feet to a point; Thence N 89046'34" W a distance of 20.95 feet to a point; Thence S 0113'26" W a distance of 15.50 feet to a point; Thence N 89046'34" W a distance of 110.44 feet to a point; Thence N 0113'26" E a distance of 47.58 feet to a point; Thence S 89046'34" E a distance of 14.52 feet to a point; Thence N 0013'26" E a distance of 20.00 feet to a point; Thence N 89046'34" W a distance of 14.52 feet to a point; Thence N 0113'26" E a distance of 13.77 feet to a point; Thence N 32024'36" E a distance of 18.77 feet to a point; Thence N 0013'26" E a distance of 106.37 feet to a point; Thence S 89046'34" E a distance of 8.94 feet to a point; Thence N 0013'26" E a distance of 23.39 feet to a point; Thence S 89046'34" E a distance of 14.54 feet to a point; Thence S 0013'26" W a distance of 32.02 feet to a point; Thence S 89046'34" E a distance of 20.00 feet to a point; Thence N 0013'25" E a distance of 32.02 feet to a point; Thence S 89046'34" E a distance of 184.52 feet to a point; Thence N 0013'26" E a distance of 10.00 feet to a point; Thence S 89046'34" E a distance of 38.03 feet to a point; Lzi"dolutions Delano Apartments Land Surveying and Consulting Meridian Water Easement Job No.22-45 Page 3 of 4 Thence S 66013'14" E a distance of 30.45 feet to the POINT OF BEGINNING. Said Easement contains 35,850 square feet (0.82 acres) more or less and is subject to any other easements existing or in use. Np,L LA NO Clinton W. Hansen, PLS 5`� s r sG Land Solutions, PC �� FR �- May 9, 2024 0 01 ,05�0�(8 z 1, 9TF OF ALTO N W . N P� Delano Apartments Land Surveying and Consulting Meridian Water Easement Job No.22-45 Page 4 of 4 EXHIBIT B CITY OF MERIDIAN SEWER AND WATER EASEMENT DELANO APARTMENTS BEING OVER A PORTION OF LOT 2, BLOCK 6 OF DELANO SUBDIVISION NO. 1, AND BEING LOCATED IN THE N 1/2 OF THE SE 1/4 OF SECTION 32, T4N, R1E, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO JASMINE ACRES SUBDIVISION BK 59,PGS 5829-5830 POINT OF BEGINNING (BASIS OF BEARING) S89'46'34"E 481.15' �S0'1326 W 10.00 _ ------------------ ________S89'46'34"E 404.20,------------------� O'13'26"E 30.78' � fV rS89'49'53"W_30.98'_ L12 S89'46'34"E 184.52' ___L14 J- - --, FS89'4T' TWA r1 F--------------- / __IL2O_ to u7i I -I IM I S89'46'34"E 38.0 ' / 1 I F5 ,I 53.02' 1 I J 11 S6613'14"E 30.45 1 I s ,�,� I j L J'NO'13'25"E 32.02' C I 1 m L8 T2 `-L7 I (� -s89.46'34"E 20.00' POINT OF BEGINNING 0cy)0 w� I;- S89'46'34"E 8.94' EXCLUSION PARCEL �i 1 <a us 1 io M1 of Im a rni Iw cnl o N I co N89'29'34"W 12.02'-1 J 1 M o $ N I� r 1 to ,� w i I z SO'3O'26"W 20.00'� I 00 t �' o n( 1 L� I N � MI J S89'29'34"E 12.02� I I N of ,L--N32'24'36"E 18.77' I I 3 M aksm STI z zl �NO'13'26"E 13.7T �I I voi N Lam- 89'46'34"W 14.52' o_I I I N89'29'52"W 16.6 3 r\A _O'13'26"E 20.00' SO'3O'08"W 2.00'� 17 ID 1 I 1 1 I I 1 �s89'46'34"E 14.52' N89'29'52"W 1.65^ - L16 o I I 10J° N89'46'34"W 20.9 SO'13'26"W 35.14' 1 1� o I I I� SO'13'26"W 15.5 fNO'13'26"E 15.50'�- I I S89'46'34"E 11.64' 1 1 N89'46'34"W 110 44' r N89 46'34"W 98 62' I IJ L19 1 1 L2 N48'53'16"E 31.56���J L___ _ J L____---__-J L- �__ 2S89'46'34"E 68.6J� L3 ------ ------------------ i N89'46'34"W 379.83' 9.03' + 4_T ___ ��S48'S3'16"W 31.59' °O t 6.1 N89'46'34"W 479.58' LINE TABLE LINE TABLE LINE TABLE LINE TABLE LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION L1 47.79' S66'13'14"E L7 2.00' SO'13'08"W L13 32.02' SO'13'26"W L19 52.82' N89'46'34"W L2 33.00' S89'46'34"E L8 2.00' NO'13'O8"E L14 10.00' N013'26"E L2O 53.00' N89'29'34"W L3 20.00' SO'3O'26"W L9 1.67' N89'46'52"W L15 35.04' NO'13'26"E L21 16.67' N89'46'24"W L4 19.97' NO'13'26"E L1O 29.47' NO'13'26"E L16 1.68' N89'29'52"W L5 29.61' S013'26"W 1-11 23.39' NO'13'26"E L17 2.00' NO'3O'O8"E L6 1.67 N89'46'52"W L12 14.54' S89'46'34"E L18 47.58' NO'13'26"E 11 A \pNp,L LA NHS CO S T F GAL o CnN�'�S(o9180 _ LLa n futions ITF �pQ'��v Land Surveying and Consulting 0' 40 80' 160 7i�, OF A 231 E.STH ST. ON W Y0 MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JGB N0.22-45 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Alamar Subdivision (FP-2024-0005), by Jeff Wrede, Noble Rock Development, Inc., located at 4380 W. Franklin Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 7, 2024 ORDER APPROVAL DATE: MAY 28, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 1 SINGLE- ) CASE NO. FP-2024-0005 FAMILY DETACHED BUILDING ) LOT,32 SINGLE-FAMILY ) ORDER OF CONDITIONAL ATTACHED BUILDING LOTS, 2 ) APPROVAL OF FINAL PLAT COMMON LOTS AND 2 COMMON ) DRIVEWAY LOTS ON 1.91 ACRES ) OF LAND IN THE TN-R ZONING ) DISTRICT FOR ALAMAR ) SUBDIVISION NO. 2. ) BY: JEFF WREDE,NOBLE ROCK ) DEVELOPMENT INC 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 ALAMAR SUBDIVISION NO.2, LOCATED IN THE SE '/4 OF THE SW '/4 OF SECTION 10, TOWNSHIP 3N, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(ALAMAR SUBDIVISION NO. 2—FP-2024-0005) Page 1 of 3 RANGE I W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO,2024, HANDWRITTEN DATE: MARCH 28, 2024, by MICHAEL R. ENGEBRITSON, PLS, SHEET 1 OF 4," 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 Jeff Wrede, 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(ALAMAR SUBDIVISION NO. 2—FP-2024-0005) 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 28th day of May , 2024. By: Robert E. Simison 5-28-2024 Mayor, City of Meridian Attest: Chris Johnson 5-28-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-28-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(ALAMAR SUBDIVISION NO. 2—FP-2024-0005) Page 3 of 3 EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/7/2024 Legend t DATE: . Project LocationTO: Mayor&City Council FROM: Linda Ritter,Associate Planner __ 208-884-5533 - - SUBJECT: FP-2024-0005 Alamar Subdivision No. 2 FP AL 11 LOCATION: 4380 W. Franklin Road,approximately ' ' - 1/4 east of N. Black Cat on the north side ' of Franklin,in the SE 1/4 of the SW 1/4 of Section 10,Township 3N, Range 1 W. I. PROJECT DESCRIPTION Final Plat request for Phase 2 development to include 1 single-family detached building lot, 32 single- family attached building lots, 2 common lots and 2 common driveway lots on approximately 1.91 acres of land in the TN-R zoning district,by Jeff Wrede,Noble Rock Development Inc. II. APPLICANT INFORMATION A. Owner/Applicant: Jeff Wrede,Noble Rock Development Inc— 13601 W.McMillan Road, Ste. 102-162, Meridian, ID 83642 B. Representative: Same as Applicant/Owner III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0005) as required by UDC 11-6B-3C.2. The submitted plat includes the same number of buildable lots permitted for phase 2 as outlined in the conditions of approval for the preliminary plat. parkways,temporary access to Franklin, and the correct amount of common open space as previously approved for this phase. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 6/1/2022) PRELIMII\ARY PLAT FOR _ �J ALAMAR SUBDIVISION BE V4 OF THE SW IM OF SECTION 10,T.W.RAW.,B.M. MERIDIAN,ADA COUNTY,IDAHO — PROJEU 6TE 2022 :Pi, Pi .M... A ,u,.. 4Tcmtrsntnr Y 1l 0d L w F F- r 6 — 1 _ Y F 1 a J .. Page 2 B. Final Plat(date: 3/29/2024) PWr'50ma ex Ffi ALAMAR SUBDIVISION NO. 2 M." LOC47 9!x TIE SE Ili OF W SW r14 or SWOON To r d M R I W,D.M.ADA C'"rr,,9W(o n � t ee i � �sc..e wx.rc rtrr m�aiwX Mnrpazcnvr io uP �p�� � to .s.w.nr�•sw s—Nn.w.' •'•awm"'o r i QP+� i �--�--�1 � _ eo9a,�'sY !s I 6 LEGEND uma u rr.�uvr.,.cw r"0.tlLfl`rum w'w.�.dx�wP°mo.'n:rM°`r.a'�isa B ruw ss A e'.ATOAIfC SrnF,F.' a nrauim nnrr •� vne. _ r„n OC-UN"RY CUPVF DATA A '-'-L o sf- L_ ----____- . - � �Y I IU �v�snr o. �ENGEBAITS�!��SI/�Rvtl^S,PLIC. e-r,u.s,¢vx area "7!rFf.s�raa�is1a7R41Ysvrosles�lxA M��ls�roe nls.u��.a.y F*•,Pr10-]-a wo-o as rw.tzom s�Efr r cr. Page 3 C. Landscape Plans(date: 3/28/2024) rtAIE I HA I ww! Mom Flkn6n➢` .,Y. 3Y�n�bx LpNOnM����0. T.'BB ftA��i1P HnfBB �rw.r*� _ ,reull.r+r.R..r wun.ws Page 4 D. Common Drive Exhibit(date: 3/28/2024) N �W r.W COMMON �A DRIVEWAY xl✓ s! .p.p £ iDi 1! j 19S u w!i4 I I 9L9CN 3 I I Fexu� lm n I EO-0 K u 2R0 �tl xo I xv xv a� r --- ---- ---- ----- CDMHDN psi sv I DRIVEWAY �$«' 6" s p � I �i I I Rio Sp I II I II I I I rib y W ATOMIC STREET Ifi$, m m e �e Ia ae g G SCALE. INCH=40 FEET Page 5 E. Temporary Fire Turnaround(date: 3/15/2024) 4 IF THE EXTENSION R2AD FRU01 THE NEWKIRK ti q SLBDIVISIUN CaLLECTOR ROAD CAVIATOR ROAD)IS lv NOT COMPLETED,A TEMPMARY 96' DIAMTTER p Z 7URN-AROLWD VILL RE PROVIDED AS SHIIVN. a U +' THE SECTIDN OF ROAD CONNECTING TO THE ASCENT y a I SLBIVISION aN THE EAS7 VRL BE COMPLETED• *cwurwrx r OQ 4 LJ ruxr-weaxe ac•aWrR�e �X �z Nr�, PHASE I a�auADrNG LDTS II PHASE II ITS g �� �• use w■ urs "'�� w� PHA M Fn irFFaee� imtr lwy wa we ur �� h� wt K dd wr n �v nw.R run msoco ----� A 19®If'Jmld Ip6 N1i � � � •� �' Y P AS I w. A is■ 9 4] w a ! flp ASCW wr u E yW� H M RNi ACCM M F�M� W Page 6 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-2022-0004 (AZ,PP,DA Inst. #2022-065010). 2. The applicant shall obtain the City Engineer's signature on the final plat by June 21, 2024, within two(2)years of the date of approval of the preliminary plat findings (June 21,2022), in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to building permit submittal,Administrative Design Review approval is required for the single-family attached lots within this phase of development(Lots 18-25,Block 1, &Lots 7- 25,Block 3). 5. The final plat shown in Section V.B,prepared by Engerbritson Land Surveys, stamped on 3/28/24 by Michael R. Engerbritson,is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat note#7: add recorded instrument number. b. Plat note#12: add recorded instrument number. 6. The submitted landscape plans, as shown in Section V.C,prepared by Rock Solid Civil, dated 8/8/23,is approved as submitted. 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:llweblink.meridianciLy.orglWebLinkIDocView.aspx?id=342872&dbid=0&repo=MeridianC i &cr--I C. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=343055&dbid=0&repo=MeridianC Lty D. IDAHO DEPARTMENT OF TRANSPORTATION(ITD) https:llweblink.meridiancitE.oLglWebLinkIDocView.aspx?id=343171&dbid=0&repo=MeridianC i &cry 1 Page 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for TM Center East No. 2 (FP-2024-0008) by Brighton Development, Inc., located at 700 S. Wayfinder Ave. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 14, 2024 ORDER APPROVAL DATE: MAY 28, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF SEVEN (7) ) CASE NO. FP-2024-0008 BUILDING LOTS AND ONE (1) ) COMMON LOT ON 26.92 ACRES ) ORDER OF CONDITIONAL OF LAND IN THE C-G ZONING ) APPROVAL OF FINAL PLAT DISTRICT FOR TM CENTER EAST ) NO. 2. ) BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on May 14, 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 TM CENTER EAST SUBDIVISION NO. 2, LOCATED IN PORTIONS OF THE NORTHWEST 1/4, WEST 1/2 OF THE NORTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE I WEST, B.M., CITY OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER EAST NO. 2 FP-2024-0008 Page 1 of 3 MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 4/23/2024, by AARON L. BALLARD, PLS, SHEET I OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 14, 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 Jon Wardle, Brighton Corporation, 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 TM CENTER EAST NO. 2 FP-2024-0008 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 28th day of May , 2024. By: Robert E. Simison 5-28-2024 Mayor, City of Meridian Attest: Chris Johnson 5-28-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER EAST NO. 2 FP-2024-0008 Page 3 of 3 EXHIBIT A STAFF REPORTC�WE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 5/14/2024 TO: City Council �i '•4 FROM: Sonya Allen,Associate Planner -- -- --- . 208-884-5533 �6EGRI [�� � E ennEIEMENI 1, SCHOOI SUBJECT: FP-2024-0008 ; . 9 1 TM Center East No. 2 ------------ PROPERTY LOCATION: SEC of S. Wayfinder Ave. and W. Cobalt Dr in the NW., '/4 of Section 14, T.3N.,R.1W. (Parcel#S1214244301) 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 (I st 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 11-613-3C. 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 "'°NI- 1,-- A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE V—N WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST, DOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 O O O O O © O O O O` O D O O ® ®max O O © �.•n•"uN•. irvoexor oanwin�s IEI O O o © O O O ZuG -END ® © © C> Da. ® ® ® u �.v.o� ���� •, —11 CODTE.1 NOTES I .0 TMCENTER SUBDIVISION MERIDIAN,IDAHO CWE"S EET kin ve�or[�wx[a m•w�a iv,w.r.a � ,ewnew..nm. Sn � www wn x �i���.o,w iulb.iPn��WP,F. n xPP1.0 Page 2 - .��:�� �faxl�en4wrtnraw i I I I Werin -� $ .2!]E141ah 10 aE[cwsrnucll0. I I I cma - �mrmruwa�lrwarn I I+I gEUCgA 1P � HrW CR9MAWrC 41riNR w1i°icnE III{r> �R rgiAPl4Ni syp.rpy N4iwvARi NQrA PAIii m4P[rla gENWN1Y �:� - .1. •"?. .'Y WMi Ef 9E01NN6- IIm—fry NIlT = •. �. _ �11'a1'E]6iI,lY UNPRATTtiO z777_. - I s i~v,.anX ifE I u,„ae nn�r. I ¢�..I�. 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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 ithe Northeast 1/4 and the Northeast 2/4 of the Southwest 1/4 of Section M. D z6o aw 6DD Township 3 North,Range 1 West,B.M.,City of Me rid I a n,Ada County,Idaho Plan Scales 1'.20V 2024 W.Franklin Rd. FTH /N coen FE 58rnon 3HEEi INOIX � PQ c�"iveMi w1 War EET 1-0vtYwLL SUBOIw3IpN eU Creek P Un91-d B SHSHEET 2-U—a.T N,And E4£NE: ENrs Ira 1 syhdlvlflnn Nn-6 Frontline SHEET 3-D-1 PIAT MAP.GSE s-BND OEfN LS J fl� i Tan Mfledarn- TO elf suhdlvlstnn SHEET 4-EASEMfNTS,LINf MID CURVE TPRLfS NJD NOlE5 904 4l 11"w SHEET 5-cERnF1 1 Or OWNFPS Ten Mile .in a DH-B-Ow"pe SIGx4tbRE5 AMD ALNNO'MIIDGEIAENTE SHEET]-CEARFICWES AND KPRWPLS Ereeko '" 4 \ I 5ubdlvlsi°n NP.S Lb \ 3 I Ne /is o UnpWUhw I� A LEGEND IEI4uu 1 e £ xidN�w e M a n /fe WP FA a hex Ea 3 UnPld ed EOVND 1-GP.R NO W 1 No. �j�1; I \ _�L If d N-5'S3'E 1 2 MOND an- .,a, S84'36'21"E 389'10'47% C4P.P5 nOTED °uN]0'30'11"E NN.. 30.96' ,•wC V l 24 r.UNU s/e--INCH FEan W0H—C-P 34,35' 2-1* I 329'GB'38"W O 32482' uaNKEd ms 12a58 uNLEss Nmm OTNERwSE \ 6C7-CB-W'a_at Ol, -_`__ y --- FOUND 5/3-INCH RF-WFN 1-11 LaP L OL __ __ w.I:d -- O ueNNnd'N5N I.. UN—NOTED mNE 1E bah QL. 26.8''4D"E ` y 68'10'd7"E 49 2_J 1 fd t� , 26.86' • SET 5/8-INCH FEW WIN P—O W I 0 ' it ']dt laxaex'. tqd 6J .' / 32525'dp"W NMKED'9lP 12159' • 4PI0 N85't 3'S5"E II to'PVRtI[ / BA63' FOUND 1/2-INCH REBPR WITH PIASnC CPP NDW01'13"W 6 39.16 mm 0 / 3]1'{]'19'W ° NMNM'KW 100E2'UNL.ETn NOTEp MEFWISE WW33'41"I FT 1/2-INCx R= N Pµ CaR 100.36' I a NM-'4E 12469'vn �1e'(ssT xmE sl BLOXl f n E.ON0 On-1-—EO AIB PLS IRbs9 IIl 0 I r a erxP 5[T RUM 2asa(111r MnGNEnC INSEI*MnF%EO lre 1 � I� O I n 'PaB PLS I ' x` If 1 Ili A CAEWIATED N89't t'3D" POIM N8Y11'30"W sse.02' IGImEIS�"1 I � unplatted O NEw_NUUDER w N70'a2'08°W 254.00' I al}e O 1fi].13' E%ISTNO LOT NUMBER ""` a51pN Bp ND N GNE J I 9 NarsTae"w I \ 0 L°r © \ 29.46' TM Center East LD ----- SELTOH LINE \ L2 1 \6uEdtvlslan N0,1 1 I o6WLENT 60UNDARY UNE a W ---------- E.,�EWENT LINE —�,(tEi 42.11' NDO'd8'33'[ pp //��/�/��//�� ROAD LENIERIJNE V L 21`53 b O II I UJ� 1lLlLjVL/d ncxd EnsTaIENr(sEE NOTE 14) �I t IOF WEsr I/44 c�u� -F 4 —1'Mass NBY28181�03901N1 W 14388,9591-'1'3_0"E-p—Ol ,eH[czlrvoN-N ouesa asi-,N Ill.ERFfCN[ED 5 OF M OU Ie nln£URus n. N�IUab Y Um � REwODDSPOFMMosECsuESSoOK M o Or Fn wW ODUUN rvM, EIPSn x0. 0PA03F3]]• TM Cr sing }' FC COGNIY, 9 biP _11211,REODSOFMU IONp. suhdlvenn N0.4 n u 3.z- a_ uT of nn[aH sundh510N No,S,DOOe 124 of PIArS 4T PPGES n E P9)0]-19)90,RRfLOkDS OF tde c0uxrr,maNd. Primrose b e 5°bdirlfi0n R5.190]B I A79,REE SCUBD1`SIO 1G 5 nT eouT.S m m FYi " c E3 206a3-]064],RECORDS DF NM LOj-..BMIO1 OF M15 I 89.41='2i? km SURVEY NARRATNE nNµ 1 ?11 EIS BMW ISiagi of e-Elpft[IE.1NE M'wz s x usTiO N saes ` N G 1 N E E R I N G Is F2 HEREON!Dn 11-FNFUN Sro�Ref1'OF n,..IANUM[mnnuH. N. 72�459T 1IN1111 of F1MI W NOR MO ND KFE Sar/Z0 x w��EON. r P m .as•s.zv - la-Page 4 Plat of xoex_wee_ TM Center East Subdivision No.2 ® oxwx�a elw o0 I weemx.E.,x )rvwt I �RI_ I m I 8 u.e ao,x I �" nmx NngartEaln unolmea -m_ar.sv unga„n, I xW]Y',1•E 58z'JB'RI' _ zAle' y.3e. N)s08 �-Nest•g:_ -- -� �is� 5 _—._—�_� ]o ��a .e' -05-ce l c)awlr��mov p__ ser,o•.-_ �______ -uar _ _--- `nm "'••�)u•xwo.�.gw _ • � _ � o¢§ }ate o,uw ..v ? /E• Ill xw•e).. 2. xavu'a'e•F d__�`•.al .�°.�•-�°�ce § �ii I z.x.aoW R,.sr E _ L � �m.•a' _.c�noy Y RJ� .I.am'a,m I I \ � .......... Y I • - m•t l'»'n zs.m' wv'x-r xrsx } II I Fxclx FFzlxc r sev —),se.z r�w� Plat of eo.x_rn TM Center East Subdivision No.2 ----m_v_zs._oo•- - -- - - ------ ---4 II ® - �x---- J g_ X� II I q II . yx� riaxwt lss am it I m. ,• €66Eg1 xrjss .+e¢ll O ®k Rid srm Q ------------- SubBAM Ne.l II I II — y A Q Ij_"9 -- Ir �'wY II.L �°.wrzw•w"ft1o" ®' Raz- 3.!I e E '�A/\ii I it Ib as•8oF ' J, _�-__-;" --- xesl� �I I .xe.ioe�.zae. I.) E,41 aw+mox xe.• I I I xa zs-- '� w ; _ I cemn�rhl "I I �a.y I ji S "s•12 59`` -'�s e".may a.m a SubtlF,sbn km x rmw ; . 3 I Page 5 Plat of B00k Page TM Center East Subdivision No.2 NOTES 1 UM BUILDING SETBACK UNES SHALL CONFORM TO THE APPUM CLE ZONING RECUTAnONS OF THE CITY OFMERIDIAN AT THE TIME OF ISSUANCE OF A BUILDING PERMIT. W.Cobalt Dr. UNETABIE CURVETABLE 1.CANY OFSOBDD I ION DO D THIS�EFECT AT THEMHE DOFPRESIAPH T E APPUCABLE ZONING RECUIOONS OF THE S89'10'47"E 491.26' ppp1B eRGCROND p y MERiOIM ® N 10 B �E 3 E NiTAp¢ I6116Tx SN'SV' J.Oa' 3. BEEN PRONDEO FROM w.M A IN THiS IRRIGATION DISTRICT IN COMPLIANCE I ae' c1CVF 232.00' y32'E 2 WRH iDAHO CDON BEECTIOH -3805((I)(E)). BE ENTITIJD RRICATION 9B.a'So'EJI I� t 1 'SOW 93t' C2 e]0.1T ]S.OB B u'a6w ] 0151RILT'T. 0 wILLOeE OBUOATfD FOR�ASSFSSMENHS FRO�THE NAMPA a MERIDIAN S9BY11'30'E Ie0B6' a.So' I I u x OB'aw SB C3 5680' 7W arlY N} '311 la.9Y RECOGNIZES SECTION 22-YSOJ OF THE IDAHO CODE, GM TO FARM ACT,WHICH -__________________®I La BSSTtal �.ar C. ]}3W B 7.16.E ] a STATES:'NO=W`E URAI OPEMTION,OICOLTURLL MODUTY OR EXPANSION THEREOF SHAL BE OR ON N b1.00' VV'20' Nlt't ].29' B OME A NOSWCE.PRNATE OR PUBLIC,BT ANY CHANGED CONDTIONS IN OR ABOUT THE I¢_____X 11]01T i80.06- LT SVF=NCUG NONAGRICULTURAL ACIMIIES AFTER IT HAS BEEN IN OPERATION FOR MORE THAN ONE f) II1 Ca �.WHEN THE OPERATION.FACIUIT OR EXPMISION WAS NOT A NVIWICE AT THE TIME N BOOM oR N00V9't 3'E 850.00' V'tsk7' HBSN'5a'E V9V8]' CONSTRUCTED.THE PRONSIONS OF THIS SEO ONNI SHN NOT APPLY WHEN A NUISANCE RESULTS FROMMTHEE IMPROPER OR NECUGENT OPERATION AGRICULTURAL OPERATION,ACRICULTJRAL I I 'SJ'E e'Szt J6.49' SION THEREOI'. I ES 9eaorm 350' DO 559.00' .80' SIM'S}']lY SZ OWN OTIHERWISE,AIL LOT uN COMMON TO THE PUBUC RICHIS-OF-WAY CONTAIN A 10.00 FOOT WIDE EASEMENT FOR PUBLIC OF MERIDIAN STREET UCHIS AND PROPEHIY U. ..% 1t0S0' C9 5d 339.N5' 1 S79'OMFE 33 I.-ON. ROTE NS.GKUON EASEONS MENTS USEMNESES�ENNIS REFDERMR THEED W NOTE a HERON.PURSUANT TO THOSE SBSOO264 C10 1JBSS0' 18].02 2V'IJ'-x16'59'V5'E 1 I I N2Ro8'30'E Ctt f0.01' •52'S3' SOBNJ'Oaw loov 6.T E CHIT OF Nor BE REDUCEDIN SIZE YATHOUF PRIOR APPROVAL FROM THE HEALTH AUTHORItt AND F S55Y5'20'E OF 19COV 2113'aa'SI659Wew 1 RT LACK 2 IS DESIGNATED IS A COMMON LOT AND BR61RBEn EDµAND MAINTAINED BY THE I 3 118B1t'JOW 936.00' W 9'SI'W'G7W I39 ] PORSU•WT To THOSE COVENANTS.CONDITIONS, D EASEMENTS EFERENCEO IN 01E 8 HERBx. '.T114 HIOOAO J W'21)'ST N 'Hew 377.03' 8.THE LOTS WITHIN THIS SUBDMSION.INCLUDING BUILDING AND OCCUPANCY.ME SUBJECTSO THE TERMS ,I 6a7 Ct5 Aea21' a2 3 D CONDTIONS OF THAT CERENN DECIARATON OF COVENANTS.CONDITIONS, D Ia -I SVM M OoW 28aYV0'Sta' 'New a � E� T ARE MUD FOR RECORD AS INSTRUMENT No.zOz2-055102.OF MA COUNTY $I Im 01'13w I3.7a CIO V2JW 1MAB' 2 'M' N1B59'V6T 17 76' D ITT BE AMENDED FROM TIME TU TIME. �� c17 190.00' 21' T16'W SoVUrI1W 1' ES ABIISNOED OF STRUCTURAL CTURALGROUN ROCTEROSELEVA­nO BE SET A MINIMUM OF 12-NCHES PBOYE THE NIGHM RI I� VB'Sow 51.50' Ct6 71' 0.2B 45'la' NOBNe'St'E e.Z9' I PARCEL ACCESS TO W.C M.,S.WAYMNOER AVE..AND S.BENCHMARK WAY IS gi $ C19 251.W 30057'11T33— SM IS'152 tft. D.GRCHIBISIIED EXCEPT FOR NOSE ACCESS POINTS APPROVED BY THE CITY OF MERIDAM AND ADA COUNTY :I I 001m 2­1a• W MRTm 248.39' 1 H ISTwcr. I I OjANT 1XIS41'SOB55MV M.70' I.P E PRESSURE CONDITIONS.RESIRICBBTION SYSTEM ORTION THIS MNS MD FISEMENIS R BE EFEFERCHIM INED BY THE ONOIUE 808 I ZT 3601' 1T 9V' HEREIN. .NBIJC MNT1• C2J 11� �,�. �,��• � .�.A, �_u. 12.THIS SOBOOTBON IS SUBJECT TO M ACHD IMDSCAPE UCENSE AGREEMENT PER INSTRUMENT No. r50aYlIMr 202= OF ADA,COUNTY RECORDS. CRa OBW 1 -&W NW311OTN 1­ 13.THIS B SUUBM ION S SUBJECT M A O PMENT AGREEMENT PER INSTRUMENT No.2MI-089157.OF I CIO 131.50' ' �'0'V5' 31'Cf 60.3a' RECORDS 236S0' ]R' 1629'21'N79.55'V9W "1 1a FoRTON OF LOT It.BLOCK 1 IS SERNENT TO AND CONTAIN THE ACHD STORM WATER DRAINAGE cTe SYSTEM.THESE L ME ENCUMBERED BY THAT CERTAIN MST.AMENDED MASTER PERPMAL STORM I I C2] 9Bdtl N.]B 1828'21' S79'SB'a9'E 84.10 WATER DRAINAGE EASEMENT RECORDED ON NOWMBUR 10.2M 5.AS INSTRUMENT NP.2015-103256, RECORDS OF ADA COUNtt,AND INCORPORATED HEREIN BY THIS REFERENCE AS IF SET FORTH 50.W ao1•M• sID08'Ssw 3.&i' In M ME c�P•MT"O R vuFsOaNi ro MASTE EASEMEZT BAND ANO CUEBE CRAP-TER DEpNIAGEE S ENTSTEM a81A0' S6TSA'SOw 1 FOR THE mATION AND MAINTENANCE OF THE STORM WATER DRAINAGE SYSTEM. I I CJS Sb'35' S 2'21w ae.]B 1 BDIMSION IS SUBJECT TO A LANDSCAPE STREET BUFFER EASEMENT WHICH THE LANDSCAPING 132'Lao• laa ie• s1o25'sew 1 WILL BE MNNTANED BY TEN MOU CROSSING ANNEX,LLC,DWT INVESTMENTS.UC AND SCS l I SMENTS,LLC.OR ASSIGNS STREET BUFFERS SHALL BE MEASURED FROM BACK OF CURB AS SET I I IOC.W' 19' B2538w 103 FORTH IN UDC 11-JB-7C.1u(2). 1 IXi 1NS1RUMQIT Nw SUBJECT TO A TEMPORARY EMERGENCY ACCESS EASEMENT AGREEMENT PER 5 Y022-056B08.OF ADA COUNTY RECORDS. I I 17,LOT 10.BLOCK 1 IS SUBJECT To A 2­FOOT WIDE PUBUC U1.1 EASEMENT ADJACENT TO THE S RN ONE U THE 5 ACED ACCESS EASEMENT(INST.N.2022-056102)AS SHOMN HEREON. 18.LOTS BES.]0 THE NORTHERN DUNE SUBJECT THE SHARED ACCESSSS EAFOOT DSEEMENT ZST.I Na�2n(ICU EOS Nall AS NOOSE COEREON.PROPERIFY MATS.CONDITIONNSS.RESIRIC pIS ANDMF/6t.Mt-RDEFETENCCED DIN EC�NUREEK TO 1 9.NO THE AS INTERSTATE xY THE Gas TRANSMISSION PIPELINE OR INTERSTATE PETROLEUM ION IMT5 1 la 1 ocTCRuliNm mOBCOxIWiH�n6i.aoo FCPe2r ov THIS aus 'wvlslOESi.MATERws SAFETY ADMwImuTKIN w s (slE sxlx 2022 r 2) lam TM lzncer Ea# Subdivision No.1 � ______________ t 12 9 Detail"A" E INsxoRTx I I I I IN .1•� ��OM L.BN�PQ oa3nTW Y{ 51 o.,UAN"sls Ar 2' x Page 6 C. Landscape Plan(dated: April 2023) • m LANDSCAPE PLAN 3 km 1 mNZ2 3 L2.D�® wwr.o� .,,vo. ,.. a. ---�sEi ————— LP G rz- _ ( O $ STREETTREE CALCULITIONS(1TREE/351F) d .w�.s• : •'V"' Q g �i ----I <� i—rw.a i�m—� I ■ m....a:...:....� TOTAL SrREETTREEt .�w.�,�,...�.or:.,,.,......,..a,..�....,m,w,. f MITIGATION REQUIREMENTS��W wn TOTALTREESREQUIRED/PROVIMI) hm LANDSCAPE COVER mnewrm mm.:.mYm... 11.0 Page 7 77. l� � 0 ID �;l/a 0 d m so ♦ /j a//a i / r'j <E 5 3i krn X LANDSCAPE PLAN aa... u.o ew _------------------------ sill a _ a k _ r f 5 I .r so„e,e v o — o 0o g Iz s. zo 4 �(1 LANDSCAPE PLAN Page 8 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(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. f. 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 11-313-7C.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=345858&dbid=0&repo=Meridi anCity C. Valley Regional Transit(VRT) https://weblink.meridiancity.orgiW ebLink/DocView.aspx?id=346178&dbid=0&repo=Meridi anCity D. Idaho Transportation Department(ITD) https://weblink.meridiancity.or ziWebLink/DocView.aspx?id=346026&dbid=0&repo=Meridi anCity&cr=1 E. Nampa&Meridian Irrigation District(NMID) https://weblink.meridiancity.or ziWebLink/DocView.aspx?id=347294&dbid=0&repo=Meridi ARCity F. Department of Environmental Quality(DEQ) https://weblink.meridiancity.orgiW ebLink/DocView.aspx?id=346724&dbid=0&repo=Meridi ARCity Page 10 EXHIBIT B From: Jon Wardle To: Sonya Allen Cc: Bill Parsons;Joshua Beach;Zach Meyers Subject: FW:TM Center East No.2 FP-2024-0008 Staff Report for Council on May 14th-REVISED Date: Monday,May 13,2024 3:21:17 PM Attachments: TM Center East No 2 FP-2024-0008 Staff Report REVISED.pdf External Sender-Please use caution with links or attachments. Sonya, We have reviewed the TM Center East No. 2 Staff Report, and concur with the Staff Report's Conditions of Approval. Thank you. Jon Wardle BRIGHTON— Creating GREAT Places O: 208.378.4000 D: 208.287.0518 C: 208.871.9361 E: Ward leQb rig htoncorp.corn From: Sonya Allen <sallen(@meridiancit)1.org> Sent: Wednesday, May 8, 2024 3:48 PM To: Clerks Comment<comment(@meridiancit)l.org> Cc: Bill Parsons <bDarsonsPmeridiancity.org>; Joshua Beach <JBeach(@brightoncorp Com> Subject: RE: TM Center East No. 2 FP-2024-0008 Staff Report for Council on May 14th - REVISED Please see the attached revised staff report. 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 low. From: Sonya Allen Sent:Thursday, May 2, 2024 3:27 PM To: City Clerk- Land Use Items (comment(@meridiancity.org) <comment(@meridiancit)1.org> Cc: Bill Parsons <I2arsons(@meridiancity.org>; 'Joshua Beach' <JBeach(@brightoncorp.com> Subject:TM Center East No. 2 FP-2024-0008 Staff Report for Council on May 14th Attached is the staff report for the final plat for TM Center East No. 2. This item is scheduled to be on the consent agenda at the City Council work session on May 14th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment(@meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. 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 C4fE IIR� I 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. This message was sent by someone outside the organization. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Millwood Subdivision (FP-2023-0011) by Epic Development Victory, LLC., located at 1975 E. Victory Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 14, 2024 ORDER APPROVAL DATE: MAY 28, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 17 BUILDING ) CASE NO. FP-2023-0011 LOTS AND THREE (3) COMMON ) LOTS ON 4.11 ACRES OF LAND IN ) ORDER OF CONDITIONAL THE R-8 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT MILLWOOD SUBDIVISION. ) BY: EPIC DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on May 14, 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 OF MILLWOOD SUBDIVISION, A PARCEL OF LAND LYING IN THE NW 1/4 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: 5/3/24,by ERIC HOWARD, PLS, SHEET 1 OF 3,"is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLWOOD SUBDIVISION FP-2023-0011 Page 1 of 3 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 14, 2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLWOOD SUBDIVISION FP-2023-0011 Page 2 of 3 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 28th day of May , 2024. By: Robert E. Simison 5-28-2024 Mayor, City of Meridian Attest: Chris Johnson 5-28-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-28-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MILLWOOD SUBDIVISION FP-2023-0011 Page 3 of 3 EXHIBIT A STAFF REPORTC�WE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 5/14/2024 Legend _ 0 TO: City Council Project Location FROM: Sonya Allen,Associate Planner ` I 208-884-5533 SUBJECT: Millwood Subdivision e FP-2023-0011 PROPERTY LOCATION -AL : 1975 E.Victory Rd., in the NW 1/4 of J Section 29,T.3)., R.IE. (Parcel ® �� ®® 13 #S 1129223095 ® (� 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. 11. 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. Pagel 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 otlmdl­mde NW 1/4 ofi6xNW 1/9 ot5eavau29,Towmhp 3Nmy Rao�e IPa46x:..AlenAaq A�Umi9�Sdxho. 1 ILL ,\ I I9I5C4, Ro.4 azHm.n,mswa2 \"t��r ... `� $ III I .Va•.ti.�... � �® � \� ICI - •R.rox L. '1ENT I� �6 �..• was �� `ram, +y��t`. I —� o.,..co.... _ ..,�. II I mom.. �€ mnu,�uninmmummv m„x�mut.� Millwood ; � Subdivision n It CMV5f1EENGINEER C-� Page 3 Revised(dated: 5/3/2024) Millwood Subdivision w e�a or„m Nl^a m m.rvw Ua m.m rvm�/a�s.�a®zs,rommmr�iv�n, R®s=ice,.. mwcmers w.m grim) I � a IIII EPIC ELI pp nail W_. I L a I ---- Ti 4t -xau..ue�e �,.. I.. _, , Ep�o��� Subdivision ra.mc.un... �� -p 13 Heli®nn9 Plat --. Y 6 � mu'�v,�urmu �i I n'wam acusarxn umxlleclux[ocvsrenus �'- � ..... _ III _ E .wwure..0 I n.ecm.ewn ,.mu�n.��m. Nay 3. mwa„mrl�. V�1 Page 4 B. Final Plat(dated: 5/3/2024) a r •, a � •• gg�-�Cj - _ G 5 G G G c � 9 0 m m H W v 3 � S 8 9 & � R C � & ;4: m�9€�A��� m b „ 9s g' e I$I s"�a.v o ' r £ v m �, E SPRINEl STREET $sae• r- sl m00 o e i WE L $I L_Rea•"s _erg —mg�er_wm•— � i=Q �y --- a v E sv.r;.J L-_560'36'S5•W 1]5.26-_' 1 C'�']2 19 n u O r ———— 3 rn <�m G ® $ --------------,' n m L NW 55'E BGST_J L_____Rgg•.b•gE ,y,.n____ =m D�A g o N - I0sf„ qt can I I L sao•sa'ss'w saeo•.J 1 3 C ————— — —"�1—I ----- !SI ® 18 I I I L L ses ¢f'w 5aea•.J p. bl I L m 7c c0 Z. [A Page 5 C. Landscape Plan(dated: 5/1/24) LANDSCAPE REQUIREMENTS LANDSCAPE PLAN-OVERALL: STACr ROCK —D— To! L101—E"AI-I LANDSCAPE MATERIALS LEGEND ---- -------- ji F -10 TREE PROTECTION NDWS In c" L --- LIWI DSC PEPLANAREA2 L F L I I I.- JP oll1 +1 T L-——————————- Page 6 D. Common Driveway Exhibit(dated: 5/3/2024) f V � � a� _w Q 5 t � � �. €•� e b o� � �1 s o hh��II 9�pl�pp�q� Hu a r 9�q p e� I ee `I z w I I I I C j1 I I - 4) i I I�� —A TT�<� - - - - - - - - - -._ _._�._ 'l0-1- r tea Page 7 LI 1,21 11& aE � EL e RHQ uN p W -------------- FF v, - - - - - - - - - - - - - - - - - - - - C j AkMeO x�i V p� w a� g¢ g Qss o Min 4 � �a 4 Page 8 E. Open Space Exhibit (dated: 5/3/2024) • �� �lxW "EEO 11111H .MM Pi 0 z ! MAN €a�qa��� e� z `��� gge U ti c ------- —————————————— Al — NNI _ - i 7'°`'a I � 1 s° � F -I Fr- I I F 7 p kl � L � LL _ JL_ IL IL _ IL— a°� Page 9 F. Emergency Access Exhibit(Approved by Fire Dept.) -------- ---------- Q�S88+9'W45"E E.VICTORY ROAD 30.0V \ qv o � r y e I � I ' I y , lid a I o i iOf p -- I.L 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 I I-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 I 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 1 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-1OC.5. 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 ifthe 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-11C; 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. (kiohnstonkmeridiancity.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.meridiancily.orglWeUink/DocView.aspx?id=342423&dbid=0&redo=Meridi anQU&cr--I Page 12 C. Idaho Transportation Department(ITD) https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=340114&dbid=0&repo=Meridi anCiU&cry I D. Nampa Meridian Irrigation District(NMID) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=342124&dbid=0&repo=Meridi 9nC E. Department of Environmental Quality(DEQ) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=33801 S&dbid=0&repo=Meridi 9nC Page 13 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law Farmstone Crossing Subdivision (H-2023- 0045) by Bailey Engineering, located at 820 S. Black Cat 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 33.89 acres of land from RUT to M-E (Mixed Employment)zoning district and Preliminary Plat consisting of 6 building lots and 1 common lot on 27.47 acres of land in the M-E zoning district,by Bailey Engineering. Case No(s).H-2023-0045 For the City Council Hearing Date of: May 7, 2024 (Findings on May 28,2024) 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(FARMSTONE CROSSING SUBDIVISION AZ,PP-FILE#H-2023-0045) - 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 per the conditions of approval 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-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FARMSTONE CROSSING SUBDIVISION AZ,PP-FILE#H-2023-0045) -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(l)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 7,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FARMSTONE CROSSING SUBDIVISION AZ,PP-FILE#H-2023-0045) -3- By action of the City Council at its regular meeting held on the 28th 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 5-28-2024 Attest: Chris Johnson 5-28-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-28-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FARMSTONE CROSSING SUBDIVISION AZ,PP-FILE#H-2023-0045) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING M -&26,2024 Continued to y DATE: May 7,2024 Legend Project Location TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 ------ SUBJECT: Farmstone Crossing Subdivision AZ, ------ ---- PP H-2023-0045 • P LOCATION: 820 S. Black Cat Road in the Northwest - - '/4 of the Southwest '/4 of Section 15, T.3N. R.1 W. I. PROJECT DESCRIPTION The Applicant has submitted an application for the following: • Annexation of 33.89 acres of land from RUT to the M-E(Mixed Employment)zoning district. • Preliminary Plat consisting of 6 building lots and 1 common lot on 27.47-acres of land in the M-E zoning district for Farmstone Crossing Subdivision. NOTE: This project has undergone multiple continuances to allow more time for the plans to be modified. The staff report and conditions of approval have been updated accordingly to reflect the most recent changes. II. SUMMARY OF REPORT a. Project Summary Description Details Page Acreage 33.89 acres overall Existing/Proposed Zoning RUT in Ada County;M-E(Mixed Employment) Future Land Use Designation Mixed Employment(ME) Existing Land Use(s) Vacant/agricultural land Proposed Land Use(s) light industrial,commercial/office,research and development,and other uses. Lots(#and type;bldg./common) 5 buildable lots and 1 common lot Phasing Plan(#of phases) 2 phases(plat) Number of Residential Units(type NA of units) Pagel Description Details Page Physical Features(waterways, hazards,flood plain,hillside) Neighborhood meeting date;#of 7/06/2023 attendees: History(previous approvals) None b. Community Metrics Description Details P . Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action No. A Traffic Impact Study(TIS)was submitted. es/no Access Access is proposed from the new collector road(Vanguard Way) (Arterial/Collectors/State that connects to Black Cat Road(arterial road).Vanguard Way Hwy/Local)(Existing and will be constructed prior to development commencing on the Proposed) property. Traffic Level of Service Condition Area Roadways Traffic Countt is based on Vehicles per hour(vph) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Franklin Road None Principal Arterial 565 Better than"E" Black Cat Road 396-feet Minor Arterial 544 Better than°E' 'Acceptable level of service fora five-lane principal arterial is"E"(1,780 vph). 'Acceptable level of service for a two-lane minor arterial is"E"(575 vph). Stub Cross access with BVA's development to the east Street/Interconnectivity/Cross Access Existing Road Network Black Cat Road&Franklin Road Existing Arterial Sidewalks/ None Buffers Proposed Road Improvements Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • Franklin Road is scheduled in the IFYWP to be widened to 5-lanes from McDermott Road to Black Cat Road with the design year in 2026 and the construction date has not been determined. • The intersection of Franklin Road and McDermott Road is scheduled in the IFYWP to be reconstructed as a single-lane expandable roundabout. There is no design year or construction year,and this project requires coordination with the Nampa Highway District. • Black Cat Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Overland Road between 2036 and 2040. Funding for ITD's portion is not included with this project. Fire Service • Distance to Fire 2 miles Station _ • Fire Response Time This project currently falls on an area where we don't have a total response times that meet NFPA 1710 standards or current City of Meridian adopted standards. The first due station is Fire Station 2. This fire station is approximately 3.5 miles from the project. • Resource Reliability 82%-does meet the target goal of 80%or greater • Risk Identification 3—current resources would not be adequate to supply service to this project. Risk factors include fire fighting in large commercial warehouses. This entails a great risk for the occupants as well ad firs responders. • Accessibility Project meets all required access,road widths and turnaround. • Special/resource In the event of a hazmat event,there will need to be mutual aid needs required for the development. In the event of a structure fire an Page 2 Description Details P . additional truck company will be required,This will require additional time delays as a second truck company may not be available in the City. • Water Supply Water supply for this proposed development required 4750 gallons per minute for two hours. • Other Resources Wastewater 00— • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions in Section VILB Water • Distance to Water Water available on-site Services • Pressure Zone 2 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City. • Each phase of the development will need to be modeled to verify minimum fire flow pressure is maintained. • 12"water main in Vanguard needs to be on the north side of the road,currently shown in the center of the road. • See Public Works Site Specific Conditions in Section VIILB Page 3 FRANKL-IN - ' - ' ' FRANKL-IN ��mno:J .... l_AJI.IU LVAUM i r Q ■ a Y . U • D - � v v �j�•n � ®s�•� Qp �'ra I ��" �/�'�� iii■iii ii�� ,�-.�„ � f �:.--OVERLAND -��� ONfRL-AND ,,y E' 111, 1111� �. 84,$ % 84 �� !!J . . ,��1Q,I,,.�im I��IIf, �� \■�f� \�/��� , ���`1�I���,.A�,I'�II�, ���j�\■��� \�►��I �C���*f'��� I��11��, �i��� �C���T�'��ir'ni �i■i iii �I � O ERL-AND, =■�, ��� O�/�AN,D� -� �� . i. • 1 C. Representative: Shawn Brownlee,Trilogy Development —9839 W. Cable Car Street, Suite 101, Boise,ID 83709 III.NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 10/17/2023 3/10/2024 newspaper Notification mailed to property owners within 500 feet 10/14/2023 3/1/2024 Applicant posted public hearing 10/20/2023 3/12/2024 notice on site Nextdoor posting 10/16/2023 3/l/2024 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan and Ten Mile Interchange Specif1 Area Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the 20.5+/-acres as Mixed Employment(ME). ME: The purpose of ME designated areas is to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas,light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community.However, a small amount of retail and service establishments,primarily serving employees and users of the ME areas or nearby industrial areas,are allowed.ME areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises.ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. This ME-designated area is intended to develop with a mix of uses,across six(6) structures totaling 378,360 s.f.,which may include office, light industrial,along with research and development and/or distribution and light manufacturing. Buildings will range in size from 21,280 up to 185,760 square feet. The project is adjacent to Mixed Employment designated land on the east, light industrial to the west, I-84 to the south, and RUT to the north proposed to be annexed as medium-high density residential. This site will have access to a collector street as desired. The proposed M-E zoning encompasses the entire 27.466 acres that is currently designated ME on the FLUM -See Pg. 3-11 in the TMISAP for more information on the ME designation (see cut sheet below). Page 5 Page I ME1 MIXED EMPLOYMENT (ME) _ TEH MILE SSE nac PLAN LAND USE MAP DESIGNATIONS Map Cater 17 28mind C4--J C-G ITN-C J M-E sample use(s) D Office,research&development,information&light ndustriA daycare,and ancillary comwnierrce retail ,5,,,eral D Recommended FAR 075 or more Scandards :1 Ileight2lSWHesmaxinum 7 Design Review required;see Architectural Standards Manual 7 Comply with Pathways Master Plan Design :1 'fate Proposed development,including land uses and actinides,to adjacent and surounding uses and pubic C tiara CSerisLits spaces as appropriate tm maintain compatibility and establish the cmntnuity of the planned urban form and cha ratter. 7 Coordinate routes,placement of facities,and infrastructure improvements with the appropriate transportation authorides and any adopted or accepted long-range prans. 7 Locate buildings in establish an appropriate development character that enhances the compatibility and atlracWeness Gf the site,buildings,and surrounding uses. 7 Design surface parking as an integrated and attrac iv element of the built eminn ent that promotes Pedestrian comfort and safety and adds tm the aesthetic character of developments,in addition to accommodating vehicular uses. 7 Use parking srra y that includes one ora combination of the following souctured parking,onstreet Parking,inegreted small parking areas,anal or shared parking as an ahematiue to general surface pariutg. 7 Building design should enhance public and urban spaces,articulate an urban form,and provide human and pedestrian scale. Site lPwMrn - IIII. A Id- liia-Thu nfmmaiin is a w-1 mf At Tea l0e licinlamle Sped Jim Ili aid City mf Ileridim fnopmL-sin%an Hwr me drmi di—in iv rnmplem iniumadni. T s queWn?Cart-t the PUnning 6ukrn at 33 E Eodtl 7 PA'4 Sum SQ Hlkll•M R%42 u MAAUSU Page 6 MIXED EMPLOYMENT (ME) PAyi,l M1.2 TEN MILE SPECIFIC PLAN LAND USE MAP DESIGNATIONS Heights Yertiwl Farm L.,body,8 T,, Firmtage —11—i—diist— Wilding height AdditeDinall Cut Sheet References Page 9 Facades 8 Heights WC.2 Bass llidy.&Tp BFC.3 'z' 111-9,-FIM-pHtchtd UCA P Signis&Public Art SGN.1 Mud Employment utis should be designed es Inner dimrshr suburhari-style dm5opunnis.Design ind aevehap-mene standards art recommended rhm wuI6 help io make rl wbpnnenu MaTF 111Y31M,engagging and MR151133e places(Ten Mile In terhanb_Specrlic Area Plan. Quctraem CttYO.t tle Punning Dvtion at 33 E Er-d y k5-5uft 10Z Hertflnn m83bii a Na.8B1.M3 Transportation: The Transportation System Map in the TMISA-P depicts a collector street through this site that connects to S.Black Cat Rd. an adjacent arterial street. The collector street network depicted on the proposed development plan is generally consistent with the Transportation System Map(see pg. 3-18 in the TMISAP). The Street Section Map depicts Vanguard(major collector) as being appropriate to provide access from adjacent arterial streets (i.e. Black Cat,Franklin&Ten Mile Roads)into the employment area. Streetlights should be located in the tree lawn area and should be of a pedestrian scale. Page 7 ti e lace Street Section C Cedrlo-whdhranu The collector street(i.e.Vanguard Way)in the commercial mixed-use area of the development should be constructed in accord with this street section with the following exceptions as required by ACHD: (3)travel lanes instead of(2); and 10-foot wide detached sidewalks/pathways instead of 6-foot wide detached sidewalks in lieu of on-street bike lanes. Design: The TMISAP emphasizes the quality of the built environment and includes recommendations on the location, scale, form,height and design quality of public and private buildings in the form of building placement, orientation, and massing;types and design treatments for building frontages; as well as recommendations for the incorporation of art in public and private projects. The design elements in the Plan are intended to serve as the basic framework for any given project within the Ten Mile Area. The primary components that the design elements address include: architecture and cultural heritage; building placement whereby build-to lines are identified; heights and step backs;the definition of a base,body and top; and frontage types. The proposed development should be designed in the accord with the TMISAP(see pgs.3-31 thru 3-51). See the Application of the Design Elements table on pg.3-49 to determine specific design element requirements according to the associated FLUM designation.Future development applications should include the applicable design elements. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • Focus on developing industries that exceed the living wage, such as technology,healthcare and other similar industries. (2.06.01E) The TMISAP designates the subject property for mixed employment. These areas are intended to capture full economic advantage of the Ten Mile interchange to enhance the long-term fiscal health of the City of Meridian and the Treasure Valley. The proposed annexation and zoning of this area to M-E will result in the creation of primary jobs as anticipated by the Plan. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) Multi-use pathway segments are proposed within this development for interconnectivity between the commercial and employment portions of the development and neighboring Page 8 developments within the area. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) The proposed commercial,flex space, light industrial with manufacturing, and office should provide supportive uses for the proposed employment area. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and through this development in accord with current City plans. • Evaluate development proposals based on consistency with the vision as well as physical, social,economic, environmental, and aesthetic criteria. (3.01.011)) The TMISAP vision for this area is an employment-generating center that buffers the community from I-84 and the future extension of Highway 16, and serves the employment areas with easy access to markets, high-speed transportation facilities, and employees across the Treasure Valley. The TMISAP incorporates specific design standards for this area to create a sense ofplace and a unique identity. In line with this vision, the proposed annexation and zoning to M-E are intended to accommodate a mix of uses which is consistent with the overall vision and the design principles for this area. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meet the established goals. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors (setback,vegetation, low walls,berms, etc.)."(3.07.01C) A 50 foot wide landscaped street buffer is required to be provided along the southern boundary of the site adjacent to I-84. • "Encourage the integration of public art as an integrated component with new development." (5.03.01B) The Applicant is proposing the installation of a historical monument for the existing silos located in the plaza near the site's entrance. The proposal involves utilizing materials from the Silo in the construction of the monument. Additionally, the Applicant plans to accompany the monument with a plaque featuring pictures of the original silo along with historical details for the public. This initiative aligns with the goals of preservation and seamlessly integrates public art into the site. • "Coordinate with the Meridian Historic Preservation Commission to recommend use, restoration, and preservation of historical structures and sites throughout Meridian." (5.02.02A) • "Stimulate private and public investment in the restoration and preservation of historic buildings, outdoor spaces, and natural historical features."(5.02.02D) Page 9 • "Support the efforts of the Historic Preservation Commission to foster preservation and conservation."(5.02.02E) • "Develop policies to preserve and protect or document and memorialize historic and culturally significant structures and sites."(5.02.02j) Encompassing the aforementioned policies, there are currently multiple historic buildings situated on this site. The Applicant intends to proceed with one of the following options, aiming to install a historical monument for the existing silos located in the plaza area near the site's entrance. Option (1): involves careful disassembling and storage of the structure, with the intention to find an interested agency that may preserve the silo on another site. An agency would need to be identified before disassembly and prior to the commencement of the road. Alternatively, if no interested agency is identified prior to the commencement of the road construction, Option (2): entails utilizing some materials from the silo in the construction of the monument in the plaza (Lot 3, Block 1). • "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 proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation and Zoning(AZ): Annexation is requested of 33.89-acres from RUT to the M-E zoning district as shown on the Annexation description and Exhibit in Section VII.B. A conceptual development plan and elevations are included in Section VII.D that show how the site is anticipated to develop. The development abuts Mixed Employment designated land to the east and borders I-84 to the south. This development is proposed to have access to a collector street as desired. Medium- high-density residential uses are proposed to the north and light industrial to the west. Allowed uses in the M-E district consist of offices,medical centers,research and development facilities, and light industrial uses with ancillary support services. This area is intended to develop with approximately 378, 360 s.£, encompassing various potential uses like office, light industrial operations,and research and development components such as distribution and light manufacturing. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section VIII.A. Proposed Use Analysis: A variety of uses are proposed including office, commercial, flex space,light industrial,research and development, and other uses; see UDC Table 11-2B-2 for allowed uses in the applicable zoning districts. Compliance with the dimensional standards listed in UDC Table 11-2B-3 is required, as applicable. The inclusion of loading docks on the elevations for the proposed flex buildings implies that all of the intended uses are primarily related to distribution/warehousing,which requires a Conditional Use Permit(CUP)in the M-E zoning district. Page 10 The proposed zoning and uses are generally consistent with the associated FLUM designations as discussed above in Section IV. B. Preliminary Plat(PP): The proposed preliminary plat consists of 6 building lots and 1 common lot on 27.59-acres of land in the M-E zoning districts for Farmstone Crossing Subdivision. The subdivision is proposed to develop in two(2)phases as shown on the phasing plan in Section VII.C. Staff recommends that the collector street(Vanguard Way)be constructed prior to development commencing on the property. Additionally,the first phase of development should encompass the construction of both the 10' detached sidewalks along S.Black Cat Road and Vanguard Way including the entire street buffers. The second phase of development should encompass the completion of the remaining 10-foot pathway along the I-84 Interstate. Existing Structures/Site Improvements: According to GIS imagery,there is an existing home and other historic outbuildings adjacent to Black Cat Road that will be removed upon development of the Farmstone Crossing Subdivision. Staff recommends that the Applicant preserve some elements of the historic buildings.As mentioned above, the Applicant presented their proposed plan for the existing silos to the Historic Preservation Commission on January 25, 2024 with the following: Option (1): involves careful disassembling and storage of the structure, with the intention to find an interested agency that may preserve the silo on another site. An agency would need to be identified before disassembly and prior to the commencement of the road. Alternatively, if no interested agency is identified prior to the commencement of the road construction, option (2): entails utilizing some materials from the silo in the construction of the monument(refer to Applicants narrative below). The meeting concluded with the Historic Preservation Commission expressing a preference for recommending to the Planning and Zoning Commission that both existing silos be disassembled and reassembled at a yet-to-be-determined future location. It was emphasized that the specifics of the relocation be clarified prior to disassembly, and the new site would need to be determined within a reasonable period of time. As an alternative proposal, the Commission advocates for the creation of a scale replica of the facilities on the current site. The Historic Preservation Commission wishes to review the details of the proposed monument with the initial Certificate of Zoning Compliance submittal for the site. Additionally, the Historic Preservation Commission wishes to retain the ability to provide comments on the final proposed monument presented by the Applicant. As part of the proposed first phase of development,all existing structures that do not conform to the district's setbacks must be removed,except for those agreed upon for historic preservation.No other site improvements are known. Page 11 e-ACAlley Engirleering,lnc. CIVILEN51NEERINQPLANNIPN i, -AOD Thrppghopt the cot]rse of designing this project,we have worked with numerous agencies and explored options For preserving the Silo.Here are the Findings: ■ The silo is located in the an idd It of a r quircd ACHD right-of-way, thcrcforz it cannot stay in its' currcnt location. We reached out to ACHD to sec if the road could be shifted,due to the existing construction of the road on the west-the road cannot be moved(see A CFID commew). • A structural analysis was complete, and the structure is not safe(see Structural fewer), • The silo was evaluated by a moving company-they determined that it cannot be mowed without the structure fall ing apart. ✓ aW o+< orrr pnwsa!is to proceed with one of the following options and build a monument on site: l. Disassemble and stare the structure for an agency that may be interested in preserving the silo on another site. An;agency would need to be identified prior to disassembly and prior to construction of the road_ 2. In the event an interested agency cannot be found prior to construction of the road,we will use some of the materials from the Silo in the construction of the monument. The monumcnt will be placed in the Plaza of this development.In addition,we will instal I a plaque:to accompany the monument which wi 11 include pictures of the original Silo along with historical details for the public. We bclicvc this is an ideal way to memorialize the history of the Double C'rrain Silos and provide the community with a beautiful monumcnt6 We have rnct with the Historic Preservation Commission as a part of their monthly meeting and the commission is an agreement with the proposal.The commissiorn rcclurstcd to review the renderings of the monuunent once those have been prepared-the developer has agreed to do so_ rom.a The prel iminary plat has been thoughtfully designed to be consistent with the U DC. TMISAP and Pathways Master Plan_This new light industrial and office flex space development will provide employment opportunities for the area_Additionally,the plan has also been adapted to add a sma[let user providing greater synergy with the planned residential densities. l l 19 F_State StrccL�Stu.2t0 Faglc,Idaho 83616 208-93"13 Page 12 Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the M-E zoning district in UDC Table 11-2B-3, as applicable. The proposed preliminary plat appears to comply with the dimensional standards of the district. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. The proposed subdivision appears to comply with these standards. Access(UDC 11-3A-31 Access is proposed to be provided from the northern boundary of the site from the extension of Vanguard Way to Black Cat Road to the west.Vanguard Way is designed as a collector street in accordance with the Master Street Map and the Transportation System Map in the TMISAP. A driveway is proposed to the adjacent property to the east for future extension. Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress easement to adjoining property to the east [S1215427850] and submit copy of said easement to the Planning Division in accordance with the provisions of UDC 11-3A-3A2. Direct access via S.Black Cat Road is prohibited. Streets: Vanguard Way should be constructed in accordance with Street Section C (major collector street) in the TMISAP,which requires (2) 11-foot travel lanes, 6-foot bike lanes, 8-foot parkways with streetlights at a pedestrian scale, and minimum 6-foot wide detached sidewalks (see pg. 3-20, 3- 22, 3-23). The Applicant proposes a modification of the street section to include 10-foot wide detached sidewalks/pathways in lieu of on-street bike lanes,which is required by ACHD and as set forth in the Meridian Master Pathways Plan. All streets should be constructed as complete streets as defined in the TMISAP (see pg.3-19 &3-20). Prior to submitting the final plat,the Applicant shall coordinate with the property owner to the north and east to construct Vanguard Way and deed the right-of-way to ACHD. The Applicant should ensure that the intersection of Vanguard Way and S.Black Road aligns with the entrance of the Black Cat Industrial projects on the west side of S. Black Cat Road. The Applicant is proposing two curb cuts off of Vanguard Way, a planned collector street in the TMISAP. In accordance with UDC 11-3A-3 (Access to streets),multiple accesses off an arterial and/or collector roadway shall be restricted The Applicant has chosen to eliminate the curb cut aligned with the proposed subdivision to the north and has instead opted for the one closest to the intersection of Black Cat Road. Typically,Staff recommends that curb cuts align directly across roadways; however, Staff supports the offset change,given that the entrance effectively highlights the features of the proposed plaza,provided it adheres to ACHD's requirements. Additionally,the Applicant has proposed establishing a shared access on the east side of this site in collaboration with the property owner to the east, intended for future shared access. Pathways(UDC 11-3A-8): Ten(10) foot-wide multi-use pathways are proposed on the site in accordance with the Pathways Master Plan. One segment follows Vanguard Way across the northern portion of this site; one segment runs along the southern boundary within the street buffer along 1-84; and another segment runs along the west side of the site adjacent to S. Black Cat Road to the plaza on the north. The proposed pathway is intended to cross the drive aisle between Buildings 1 &2 Page 13 (refer to figure below). Staff recommends removing the loading docks from the rear of Buildings 1 & 2 to mitigate potential conflicts between pedestrians using the pathway and delivery trucks accessing that area. A 14-foot wide public use easement for all multi-use pathways shall be submitted to the Planning Division prior to submittal for City Engineer's signature on the final plat(s). f x•x H'°IN' v,�T roe nx !a3I Ilil «<a snEE,�EmM [� II'I I 1y{A6� IL I ,1 Li =, PLAN SHEET INDE% IL I _. n IT I I � Ill _ - - IT I ..... _ - .._ =L ¢ a W s o Landscaping is required along all pathways per the standards in UDC 11-3B-12C. The landscape plan appears to comply with this standard. Sidewalks&Pedestrian Walkways(UDC 11-3A-17& UDC 11-3A-19.B.4): The UDC requires minimum 5-foot wide sidewalks to be provided adjacent to all streets with detached sidewalks along collector streets and attached or detached sidewalks along local streets. However,the guidelines in the TMISAP for the collector street sections(i.e.C) depict 6-foot wide sidewalks,which should be provided within the development at a minimum. The applicant is proposing to construct 10-foot wide sidewalks adjacent to the applicable roadways based on the design approved with the Vanguard Village project to the east. A continuous internal pedestrian walkway that is a minimum of five (5) feet in width shall be provided from the perimeter sidewalk to the main building entrance(s) for nonresidential uses. The walkway width shall be maintained clear of any obstructions, such as vehicles, outdoor sale displays,vending machines, or temporary structures in accordance with UDC 11-3A-19. The Applicant has provided a pedestrian circulation plan in Section VILE. The internal pedestrian walkways shall be distinguished from the vehicular driving surfaces through the use ofpavers, colored or scored concrete, or bricks;striping is not an approved material, The plans appears to comply with this standard. Sidewalks,walkways, and pathways should include a dedicated crosswalk at the intersection of S.Black Cat Road with changes in color,markings,materials,texture and/or Page 14 surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg.3-28,Crosswalks). Landscaping(UDC 11-3B1: Street buffers are required to be provided as set forth in UDC Table 11-2A-7.A minimum 25-foot wide street buffer is required along all arterial streets(i.e. S. Black Cat Road)in commercial districts.A 20-foot wide street buffer is required along all collector streets (i.e.Vanguard Way)— the buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B- 7C.2a. A minimum 50-foot wide street buffer is required along I-84, landscaped per the standards listed in UDC 11-3B-7C.3,which requires a variety of trees, shrubs,lawn or other vegetative groundcover(see updated code for specifics & figures below). The proposed buffer dimensions appear to meet the requirements of the UDC code; however,there is a lack of a combination of planters(shrubs and rock mulch)within the buffer along Vanguard Way. The Applicant has provided fifty-two(52)trees and only thirty-four(34) are required along Vanguard Way. Staff recommends that the Applicant enhance the street buffer by reducing the number of trees and incorporating additional planters. The landscape buffer along Black Cat Road adjacent to the open drainage swale,lacks vegetation in front of the 10-foot pathway,not meeting the requirements of the UDC. The Applicant proposes a plaza area between Building#1 and Building#2,featuring benches,a pergola,landscaping, and a potential historical monument of the existing silo on the site. The Applicant should revise the landscape plan to reflect landscaping within the required buffers along Vanguard Way and Black Cat Road adjacent to the drainage swale in front of the 10 foot pathway in accordance with the standards listed in UDC 11-3B-7, which requires a variety of trees,shrubs, lawn or other vegetative groundcover(see figures below). FIGURE 1 I ,o • x,s• Page 15 Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. Class II trees shall be provided in parkways in accord with UDC 11-3A-17E. Landscaping is required along all pathways per the standards in UDC 11-3B-12C. The landscape plan appears to comply with this standard. Mitigation is required for all existing trees 4"caliper or greater that are removed from the site in accord with the standards in UDC 11-3B-1OC.5. Mitigation calculations are depicted on the landscape plan in accord with UDC standards(i.e. 149 trees at 2 caliper inches each for a total of 284 caliper inches). The location of mitigation trees shall be depicted on a revised landscape plan submitted with the final plat application. Parking lot: Provide a five-foot wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular use areas, including driveways,vehicle sales areas,truck parking areas,bus parking areas, and vehicle storage areas, subject to the following exceptions: (1)This requirement may be reduced or waived at the determination of the Director where there is a shared driveway and/or recorded cross parking agreement and easement with an adjacent property. (2) S his requirement may be reduced or waived at the determination of the Director for truck maneuvering areas in industrial,mixed-employment and high-density employment districts To improve the integration of this property with the neighboring M-E zoned property to the east, Staff encourages the Applicant to consider removing the entire landscape buffer along the eastern side and coordinate the alignment of parking with the adjacent property owner. This would facilitate shared access to the east and improve integration with the eastern property. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical Evaluation for the subdivision. Pressure Irrigation(UDC 11-3A-157: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A-6): There are no waterways on this site. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is proposing a 5-foot wrought iron fence along the west property line adjacent to the pathway and the ACHD drainage swale. The proposed fencing complies with the UDC code. Parking: Off-street vehicle parking is required for the proposed commercial subdivision as set forth in UDC Table 11-3C-6.B. Based on approximately 378,360 square feet of proposed floor space, a minimum of 757 off-street spaces are required; a total of 764 off-street parking spaces are proposed(7 additional parking spaces). Based on 764 parking spaces proposed, a minimum of 31 bicycle spaces are required to be provided; none are proposed. Bicycle parking facilities should comply with the standards in UDC 11-3C-5C. Bike racks should be provided as close as possible to each building entrance totaling 31 spaces or in a designated area within Page 16 the plaza. Staff is recommending the removal of the loading docks at the rear of Building #1 and Building#2,which will create additional parking. Staff recommends that Applicant submit revised plans incorporating the aforementioned changes with the CZC Application. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual(ASM� I TMISAP): Conceptual building elevations were submitted for the proposed flex buildings and light industrial building as shown in Section VII.F. Building materials consist of horizontal metal or Hardie plank siding in white,wood colors; stucco in dark and light gray colors;metal awnings; and gray wrapped cornice moulding. The proposed conceptual elevations are not approved. Final design must comply with the design standards in the Architectural Standards Manual(ASM) and the design guidelines in the TMISAP for the Commercial designation(see the matrix for Application of the Design Elements on pg.3-49).A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat per the provisions noted in Section V111,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on February 15.2024.At the public hearing.the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: David Bailey,Bailey Engineering b. In opposition:None C. Commenting: Blaine Johnston,President of the Meridian Historic Preservation Commission d. Written testimony: None e. Staff presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) public testimony The Applicant's consideration and proposal for the monument sign is appreciated; however,it would be nice to see the historic silos preserved somehow. 3. Key issue(s)of discussion by Commission: a. Retaining the Historic Silos on another property(i.e.Northeast Corner of Ten Mile& Franklin or in the middle of a roundabout). b. Questions to the Historic Preservation Commission regarding funding to move the silos to another suitable location owned by the City. C. The proposed timing for the extension of Vanguard Way and the disassembly of the dual silos to relocate them out of the right-of-wa. d. Concerns with the silo being placed somewhere else in the Treasure Valley and losing its distinguished heritage as being part of Meridian. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. Commission would like to recommend City Council retain the dual silos as a historical monument somewhere within our city,preventing them from being given or sold to Page 17 another part of the Treasure Valley or discarded,and the Developer build a monument on site to commemorate the silos. C. The Meridian City Council heard these items on May 7,2024. At the public hearing,the Council moved to approve the subject Annexation and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: David Bailey,Bailey Engineering b. In opposition:None c. Commenting: Blaine Johnston,President of the Meridian Historic Preservation Commission d. Written testimony: None 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: a. None 3. Key issue(s)of discussion by City Council: a. Add a condition to the Development Agreement for the Applicant to disassemble the structure,and the City will agree to store it per a Memorandum of Understanding (MOUI.to relocate the silo to another site prior to the commencement of the collector road extension. b. The Applicant should construct a monument of the silos in the plaza area. C. The Applicant agrees to designate a location within the common area adjacent to the freeway as a potential future site for silos and will provide a license agreement with the City to utilize the space. d. Council should provide suggestions regarding which park they prefer to re-construct the silos in, considering that no new parks are planned for development within the next three to four years. 4. City Council change(s)to Commission recommendation. a. Revise the Development Agreement conditions to incorporate the factors mentioned above. Page 18 VII. EXHIBITS A. Annexation Legal Description and Exhibit Map Description for Annexabion Farmatone Cressing Subdivision August 29,2023 A pertion of the Northwest 114 of the Southwest 114 of Section 15,Township 3 North,flange 1 West,Boise Meridian,Ada County,Idaho more particularly described as forlows= BEGINNING at the 114 corner common to said Sections 15 and 16,7_3N., R.1W,B.M.,from which the Section corner common to Sections 15, 16,21 and 22 7.3N_,R.M.B.M._bears South 00°43'07"West,2,656.14 feet; thence South 89°1443"East,1,322.85 feet to the Center-West 1116 comer of said Section 15; thence on the east line of the Northwest 114 of the Southwest 114 of said Section 15_South 00`39'28"West,1,216.87 feet to the centerline cf U.S.interstate 84; thence on said oentedine,North 60°32'51"West,1.339.69 feet to the west section fine of said Section 15; thence on said west section line, North 00'4S07"East,1.01428 feet to the POINT of BEGINNING. Containing 33.893 acres,more Or less. End of Dewiption, N1- L A 11779 Nr 0 G7 94F4)F X4P Page 1 of 1 Page 19 Palm of 1/4 / BegFnning 5891#'43"E 1327-$5' ew 1 f 16 5.1s 5,15 m rw o � Iti f 33.893 Acres ° � m �+ 0 v to ar � 0 v m � rn r - r 3,T9.Bg' �o - �13 r� I 1 �L LAND "s ` 11779 i zmlie, 5.16 5.15 #{ �1 Scalc: 1"=2C.C. S,Z1 5.22 0 50 10D 20D a:V��w..� 'ureo a=..ibis xr.cn.e, ..e.a. eJ3rf�ozs is sr.sr.w IDf FI Exhiplt Drowing for Job No. I p y xx-xxx SURVEY 1 5 f� cossw euenn� 5`r Annexa Llon Shaek Mo. V pow Formstone Crossing Subdivision Wo-afm CROUP, LLC A portion or Me NW?/4 or the W/4 Of sOeaan 15, oww Dots T.W. R.W. B.M._Ado Cinty.Idoho. 8/29/2023 Page 20 B. Farmstone Crossing Plat Boundary Legal Description and Exhibit Map Descdptiorl for Farmstone Grossing Subdivision July 18,2023 A parcel of land located in the Northwest 114 of the Southwest 114 of Section 15.Township 3 North, Range 7 West. Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing atthe 114 comer common to said Seotians 15 and 15, T.3N., R.1W.,B.M.,from which the Section comer common to Seclions 15, 16,21 and 22 T.3N.,R.1W.. S.M_,bears South 00'43'07"West,2.656.14 feet;thence on the east-west centerline of said Section 15,South 39'14'43"East,50.00 feet to the POINT OF BEGINNING. Wence conilnuing, South 89°14AS'East, 1.272.U5 feet to the Center-West 1116 comer of said Section 15 thence on the east line of the Northwest V4 of the Southwest 14 of said :F,cctipn 15,South 00°30'26"Mat, 1,095.70 feet to the north right-of-way line of V.S. Interstate 84; thence on said north right-af-way line the following two(2)courses and distances: Nurth 8 V21'56"West,682.94 feet; North 80°32'51"West,452.75 feet; thence leaving said north right-of-way line,North 00°43'07"East,559.16 feet,, thence North 89'12'58"West, 150.09 feet to the easterly right-of-way line of S. Black Gat Road; thence on said easterly right-of-way line the following four(4)courses and distances: North 00°43'07"East,273.37 fee#; North 45°50'37'East,30.09 feet; Nort# 00°50'37"East.60.04 feet; LAy� Noah 46"41'47"West, 29.14 feet to the �p4Gt. LA S G POINT OF BEGINNING. 1 '? Containing 27.466 acres,morn or foss. I 1 1 779 End of Description. ' Page t of L Page 21 I Point of 1 f4 L1 Beginning 589'14'431 127285' Cw 1 f15 5.16 5.15 1.5 J r I I W t7 rPo M � o ty O 1 � I I � o h 1 � �1 O °9 to to f 27. 6 Arr65 3 RT � � C Ln yy w N „ M O � I M I ❑ V7 I I 682.94, 41-S. 1-84 I LAB I Line Table M Rearing n h Lire � 4 � 9� 11779 I L1 5a9'14'43"E 50.00' iZ ,x� I L2 N89'12'59"W 150.09' OF 1 ► L3 N45'5O'37"E 30.09' MCi41 L4 NOO'SQ'37"E 60.D4' 5.16 5-15 L5 N48'41'47'W 79-14' 5eole: 1`� OO' &21 5.22 0 50 100 20H 10 IDAHO Exhibit Drawing for dab Nb. SURVEY s+sw srenuoeT Formstone Crossing Subdivision �Edlt NO, Bose ioa"oa3rw y IM�67G I GROUP, LL r A portion M the NW1f4 of ue SM/4 of sectlon 1% OwQ. padr i.3N.. RAW.. B.11., Ado County, Iddh4. TOJ18f2023 Page 22 C. Preliminary Plat&Phasing Plan PRELIIII.NARY PLAT FOR g NI I �+ FARNtiTI]W.f.A()F:'INf.SIIAI]ISTCI(1N 3 tll �sfi T:'.CIIECTW w r., ,,,Eo nvuw we _ 6UILR I I I llll',i L aw F� f T a7,9c 3 Jf I 27,310 - -�i I. - = _- --. - _ _ 7- - � PLaly SHEET IFioEx I Ill wPo w rz n F Y �c l L3., _ PHASE 2 _ IL w _ y f o Page 23 D. Landscape Plan Rendering e` 31.810 0 z tuen df m '"S neeoe�<,e m BUILDING 6 ses.7aosl � �- FARMSTONE GROSSING SUBDIVISION "° ' wu,° PRELIMINARY PLAT LANDSCAPE PLAN MERIDIAN, IDE°°> o.�. Page 24 E. Pedestrian Circulation Plan PREL➢INARY PLAT FOR ' �I FARMSTONF.('R(1FCINf.RIIAI]ISTCI(1N W 1. � f' �.z 71, 'ram •_ I � f � FL4ZA PLAN LHEET I\UEX ram^ L 'FVILU i. IL - 53 20U:sf . ME, _ PHASE 2 L c� €. ; tir s J g iui a i.... =m:es.. - �_.__. .. ... - .. ..... w wPl Page 25 F. Conceptual Building Elevations for Buildings 1 -5 V 1 I I I 1 „ ,—f ,s a ,s I? 7 FIIONT ELEVATION Q Q T T T T T T T T � T 6xG[FIELAPON ae u r6 is FARMSTEAD CROSSING-BUILDING H5 PRESENTATION ELEVATIONS Page 26 + � a 1 �■� 1 t•■�1� LOG• F _ � ■�lN�1l�Ir likkl �P OGO •' ui �•�� �'��� t=. �_ ace. Page 28 ae urbia I • ' . . i Page 29 II. 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,a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of ordinance adoption. A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation and rezone. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the site plan, landscape plan,preliminary plat,phasing plan, and conceptual building elevations included in Section VII and the provisions contained herein. Prior to the r,.,,nei hearing,the Appheant shall provide elevations for-Building#1 and-Building#2 ating a more traditional offiee design to eomplement the plaza Ad-d-i�--A-natly,the Applieant shall remove the loading doeks from the r-ear-of the buildings in favor-of more par-king.- b. All future development, site design and building design shall comply with the Design Elements matrix on pg. 3-49 in the Ten Mile Interchange Specific Area Plan and the standards in the Architectural Standards Manual, as applicable. c. Prior to submittal of a Certificate of Zoning Compliance application,pursuant to the License Agreement and Ag,reement for Storage and Ownership of Double-Silo Barn Components between Applicant and City,the Applicant shall (1) at the Developer's sole expense: label. dismantle,package and move the Double-Silo Barn's components (beams,trusses framing, chutes, steel bands,and bricks)from their original location to the Meridian Parks and Recreation Department's maintenance facility, located at 1700 E. Lanark Street,Meridian.Idaho: and(2)convey an easement to City at 820 S. Black Cat Road,in a location in the southeast corner of that property, suitable for rebuilding the Barn.in the event such circumstance should occur: and(3)include the reconstructed Barn in the Applicant's CZC application. r isas e.,ble and st,,..e t'-pe. st-n et,,,e with the intention e finding an iffter-estedageney to p e the silo to a-aether-site prior-t the in the pla-za titilizing some of the ma4er-ials from the dissembled silos M4D,/OR d. The collector street(Vanguard Way) shall be constructed prior to development commencing on the property. The applicant may deed the right-of-way to ACHD prior to the submittal of the first phase of a final plat. e. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection with all streets of S. Black Cat Road with changes in color,markings,materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP (see pg. 3-28,Crosswalks). £ Public art in a high quality of design shall be provided in shared spaces and incorporated into the design of streetscapes as set forth in the TMISAP(see pg. 3-47). The proposed monument of the historic silo will satisfy this requirement. Page 30 g. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance application(s)and/or building permit application. 2. Preliminary Plat: 2.1 Future development of the proposed lots is required to comply with the dimensional standards M-E zoning districts in UDC Table I1-2B-3, as applicable. 2.2 The plat shall be revised prior to submitting the first phase of a final plat as follows: a. Include a note prohibiting direct access via S. Black Cat Road and Vanguard other than the access points approved by the City and ACHD with this application. c. Depict street sections for Vanguard Way consistent with Street Section C in the TMISAP with a modification that allows(3) 11-foot travel lanes, 8-foot parkways and detached 10- foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale,unless another alternative is approved(see pg. 3-20, 3-22, 3-23). e. The intersection of Vanguard Way and S. Black Road shall align with the entrance of the Black Cat Industrial project on the west side of S. Black Cat Road. f. Depict required street landscape buffers in common lots or on permanent dedicated buffer easements,maintained by the property owner or business owners' association, as applicable,as set forth in UDC 11-313-7C.2. g. The Applicant shall coordinate with the property owner to the north and east to construct Vanguard Way and dedicate the right- of-way on the final plat to ACHD. h. Coordinate with the property owner to the east for the shared curb cut and explore the possibility of removing the landscape buffer on the eastern side of the site to align parking with the adjacent property owner,if desired. 2.3 The landscape plan shall be revised prior to submitting the first phase of a final plat as follows: a. Depict landscaping within required street buffers along Black Cat Road adjacent to the drainage swale in front of the 10-foot pathway and Vanguard Way in accord with the recently amended standards listed in UDC 11-3B-7Cand 11-3B-8C; all required landscape buffers along streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm, repetition,balance, and focal elements b. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection with all streets of S. Black Cat Road with changes in color,markings,materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP (see pg. 3-28,Crosswalks). c. The location of mitigation trees shall be depicted on a revised landscape plan submitted with the final plat application. 2.4 A 14-foot wide public use easement for the multi-use pathways within this site shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s). Page 31 2.5 Prior to Certificate of Occupancy,the applicant shall record a cross-access/ingress-egress easement to adjoining property to the east [S1215427850] and submit copy of said easement to the Planning Division in accordance with the provisions of UDC 11-3A-3A2. 2.6 Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 2.7 The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=308331&dbid=0&r0o=MeridianC i &Cr=1 C. FIRE DEPARTMENT https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=308338&dbid=0&r0o=MeridianC iv D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.or lWebLinkIDocView.aspx?id=308539&dbid=0&repo=MeridianC ity E. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=308789&dbid=0&r0o=MeridianC ity F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=308414&dbid=0&repo=MeridianC iv G. MERIDIAN PARK'S DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=308329&dbid=0&r0o=MeridianC i &cr--1 H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=309887&dbid=0&r0o=MeridianC iv I. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=308539&dbid=0&r0o=MeridianC iv J. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=310445&dbid=0&r0o=MeridianC Page 32 K. COMPASS https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=310273&dbid=0&r0o=MeridianC hty L. MERIDIAN HISTORIC PRESERVATION COMMISSION https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=310712&dbid=0&repo=MeridianC RY IX. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment and subsequent development is generally consistent with the Comprehensive Plan if the plans are revised. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed map amendment will allow for the development of a mix of commercial, office,flex space, light industrial and employment uses which will provide for the service needs of the community consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan if the plans are revised. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the annexation is in the best interest of the City if the plans are revised. B. Preliminary Plat Findings(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: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation if the plans are revised. (Please see Comprehensive Plan Policies in, Section IV of this report for more Page 33 information.) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Fire, ACHD, etc). (See Section VIII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. Council is aware of the significant natural, scenic or historic features that exist on this site that require preserving. Page 34 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Cityside Storage (H-2023-0058) by Peter Stuhlreyer, Designhaus Architecture, LLC., located at 2755 N. Eagle Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,, AND DECISION&ORDER a In the Matter of the Request for Conditional Use Permit and Development Agreement Modification,by Peter Stuhlreyer,Designhaus Architecture,LLC. Case No(s).H-2023-0058 For the City Council Hearing Date of: May 7, 2024 (Findings on May 28,2024) 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. 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CITYSIDE STORAGE-H-2023-0058) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Conditional use Permit and Development Agreement Modification is hereby approved per the conditions of approval 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 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CITYSIDE STORAGE-H-2023-0058) -2- City Code Title I I(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 7,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CITYSIDE STORAGE-H-2023-0058) -3- By action of the City Council at its regular meeting held on the 28th 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 5-28-2024 Attest: Chris Johnson 5-28-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-28-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CITYSIDE STORAGE-H-2023-0058) -4- EXHIBIT A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING May 7,2024 Legend DATE: ■Project Location TO: Mayor&City Council FROM: Linda Ritter,Associate Planner 208-884-5533 SUBJECT: H-2023-0058 Cityside Storage—MDA, CUP LOCATION: 2755 N. Eagle Road in the NE '/4 of Section 5,Township 3N.,Range 1E. T I. PROJECT DESCRIPTION Modification to the existing Development Agreements (DA)(Inst. #104107406 amended as Inst. #107044347)to exclude the subject property and parcel#R0945580265,which limits the types of uses and building square footage to 32,500. The new DA would allow one of the properties to develop with a storage facility and increase the building square footage to 135,000 square feet with a building footprint of 32,500; and a Conditional Use Permit for a storage facility, self-service. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.08 acres Future Land Use Designation Mixed-Use Regional(MU-RG) Existing Land Use Vacant Proposed Land Use(s) Storage Facility, Self-Service Current Zoning Iffm General Retail&Service Commercial(C-G) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 9/26/2023 via Zoom; 0 people attended attendees: History(previous approvals) AZ 05-057,RZ-05-019,PP-05-019,CUP-05-052,PS-05-002,FP-07-012, and DA Instr.#1040107406&#107044347; PBA-2022-0021 Page 1 1 1 1 Legend Legend 9 1Project Lo ation - I Project • • . . �. us• IC �.......... - • - • - L`11V11�S �����! W e UNIX � FAIRVIEW -+ �• a . - o ; FAIRVIEW ■ W �r.rrr....xxlnr rr..r.. �"- ■ F_ ■'M° LA'AA_r-'lH LA:AAJ••77�1AS 'i::.4 r+n��.�%.;��;r ;-'L J �_�l4^''� �' ..» 1 r 1 • � ' 1 1 0 . lATll ' Legend I Project Location City Limits �i H�7; larcels ' ! f USTICI�,�. IN R-8 RUT ?: - ��=�ysx. ea• - 1 ■uLLJr• ��,L� :r • .- ':."'. a a1 JI a r r er r_�'7:iiii�r•i MCI N::�_� Wes, �����■I►� Jim ATON IN Rip■■� ��� .......... �1 TI�I ��■�■ III. APPLICANT INFORMATION A. Applicant: Peter Stuhlreyer,Designhaus Architecture,LLC—3300 Auburn Road, Suite 300,Auburn Hills, MI 48236 B. Owner: Kent Hosac— 1775 W. State Street, Suite 340,Boise,ID 83702 C. Agent/Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 3/5/2024 4/19/2024 Radius notification mailed to properties within 500 feet 3/l/2024 4/19/2024 Public hearing notice sign posted 3/6/2024 4/25/2024 on site Nextdoor posting 3/4/2024 4/19/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Mixed Use Regional on the Future Land Use Map(FLUM). This designation provides a mix of employment,retail,and residential dwellings and public uses near major arterial intersectionss for a full range of commercial uses to serve area residents and visitors. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Desired uses may include entertainment uses,major employment centers, clean industry,and other appropriate regional-serving most uses. Sample zoning include: R-15, R-40, TN- C, C-G and M-E. No changes to the FLUM designation or zoning is proposed with this application. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer of the property proposed to be annexed with development in accord with UDC 11-3A-21. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Page 3 Storage facilities, self-serviced is an allowed use in the C-G zoning district through an approved conditional use permit.Although the operation of a storage facility could be fairly low impact, the current development agreement does not allow the use. Staff feels the design of the proposed development is not compatible for the following reasons: o Excessive Height: The proposed building is set to exceed the height of the tallest building in the immediate area significantly. This excessive height can lead to issues such as visual impact, overshadowing neighboring structures, or altering the character of the area. o Visual Impact: The disproportionate height of the building may disrupt the visual harmony of the surrounding area. It could potentially create an eyesore or clash with the existing aesthetic. o Overshadowing: The height of the proposed building might cast shadows over neighboring structures, impacting their natural lighting and potentially their functionality. o Character of the Area: The proposed development may alter the character of the neighborhood or area. Maintaining compatibility with existing structures is crucial for preserving the overall aesthetics and functionality of the neighborhood. • "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) With development a landscaped street buffer will be required along N. Cajun Lane. There is an existing pathyway along the south side of the property in which the applicant is proposing additional buffer for the residential properties to the south in accord with UDC standards. • "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 be required to connect to City water and sewer systems with development;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 25 foot wide street buffer is required to be provided with development along N. Eagle Rd., an arterial street,per UDC Table 11-2B-3, landscaped per the standards in UDC 11-3B-7C. There is an existing landscape buffer along N. Eagle Road. The property owner is proposing an additional ten (10)feet of landscaping along N. Eagle Road which exceed the required UDC standards. • "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) Access to the property is via N. Cajun Lane, a private road. There is no direct access to N. Eagle Road from the property. Page 4 • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk was constructed with the road widening project along N. Eagle Rd. Hook-up to City water and sewer service is required with development. • "Support beautiful and high quality development that reinforces neighborhood character and sustainability."(5.01.02) Although the design of the building may be acceptable, the proposed building is set to exceed the height of the tallest building in the immediate area significantly. This excessive height can lead to issues such as visual impact, overshadowing neighboring structures, or altering the character of the area. • "Support and protect the identity of existing residential neighborhoods."(5.01.02E) Staff feels this proposal does not protect the identity of the existing residential neighborhood as the height of the proposed storage facility exceeds the tallest building in the immediate area by a significant margin. This may lead to visual impact, overshadowing neighboring structures, or altering the character of the area.Maintaining compatibility with the existing structures can be crucial for the overall aesthetics and functionality of a neighborhood or area. VI. STAFF ANALYSIS The Applicant proposes to develop this site with a four(4) story self-service storage facility containing 777 units and 15 exterior drive up self service storage units in climate controlled structures for a total of 792 units. The proposed use is subject to the following Specific Use Standards(UDC 11-4-3-34)—Storage Facility, Self-Service: (Staff analysis in italics) A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Chapter 3,Article E, "temporary use requirements", of this Title. C. The distance between structures shall be a minimum of twenty-five(25) feet. D. The storage facility shall be completely fenced,walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. E. If abutting a residential district,the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. F. A minimum twenty-five-foot wide landscape buffer shall be provided where the facility abuts a residential use,unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9.0 of this Title. G. If the use is unattended,the standards in accord with Section 11-3A-16, "self-service uses", of this Title shall also apply. The use will be unattended. H. The facility shall have a second means of access for emergency purposes as determined by the Fire Marshal. Page 5 I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. J. The site shall not be used as a"vehicle wrecking or junk yard" as herein defined. K. For any use requiring the storage of fuel or hazardous material,the use shall be located a minimum of one thousand(1,000)feet from a hospital. Dimensional Standards (UDC 11-2): The proposal would meet the dimensional standards for setbacks, landscape buffers,parking and height requirements. However, the existing development agreement does not allow storage facilities as a use without an amendment. Staff ,finds the proposed storage facility, self-service if approved at the requested height and square footage would not maintain compatibility with existing structures which is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed height will not be harmonious with adjacent residential and commercial uses and will negatively impact these uses as it may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. Therefore staff recommends the building height not exceed 35 feet in height which is consistent with the adjacent stuctures in the area. Hours of Operations(UDC 11-213-313): The UDC(11-2B-3B) limits business hours of operation in the C-G zoning district from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district; extended hours may be requested through a CUP. These restrictions apply to all business operations occurring outside an enclosed structure, including,but not limited to,customer or client visits,trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure,including,but not limited to, cleaning,bookkeeping, and after hours work by a limited number of employees. The applicant is proposing to operate the business within the following hours:Monday through Sunday- 6 a.m. to 11 p.m. Access(UDC 11-3A-3,11-3H- Access to the site is from the existing forty foot(40)private road N. Cajun Lane via Ustick Road or E. Seville Lane from N. Eagle Road. There is no direct access to the property from N. Eagle Road. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required for every 500 square feet(sf.) ofgross floor area of the office space—parking is not required for the storage structures. Based on 862 sf., a minimum of one(1)parking space is required.A total of eight(8)parking spaces are proposed, exceeding UDC the minimum standards. A minimum of one (1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Bases on eight(8) vehicle parking spaces, a minimum of one (1) bicycle parking space is required.A bicycle rack is depicted on the landscape plan. Sidewalks(UDC 11-3A-1 : There is an existing detached ten (10)foot sidewalk along N. Eagle Road and an existing five(5) foot sidewalk along N. Cajun Lane. Per the Parks Department, multi-use pathways already exist in this area. No additional pathways are required with this project. Pedestrian lighting along Page 6 Eagle Road shall meet the requirements of UDC 11-3H-4C post and luminaire. Historical type lighting per the Meridian city standard specifications, except the height shall be fourteen (14) feet. Landscaping(UDC 11-3B): There is an existing twenty(20)foot landscape buffer with a ten (10)foot detached sidewalk along N. Eagle Road an arterial street. The property owner is proposing an additional ten (10) feet of landscaping along N. Eagle Road which shall be installed per the standards listed in UDC 11-3B-7C. A 25 foot wide buffer is required to the residential land use to the north as set forth in UDC Table 11-2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C. There is existing landscaping along the multi-use pathway along the southern property boundary which was installed with the previous development per the standards listed in UDC 11-3B-12C. There are no existing trees on this site other than the landscaping along the pathway which will not be removed and protected during construction. Fencing(UDC 11-3A-6,11-3A-7)• The site plan depicts a faux stucco wall enclosing the property. Outdoor Lighting(UDC 11-3A-111 All outdoor lighting is required to comply with the standards listed in UDC 11-3A-IIC. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure I in UDC 11-3A-11 C. Utilities (UDC 11-3A-21): Water and sewer services were installed with the construction of N. Cortona Way and stubbed to the parcel. Street lights were installed to the east across N. Cortona Way with the construction of N. Cortona Way. No additional street lights are being proposed with this development. Waterways(UDC 11-3A4mj: There are no waterways on the property. The Finch Lateral is located on the property to the south. Structure and Design Standards (UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VIII(C). Building materials consist of metal panels and stone pattern tiles. Final design is required to comply with the design standards in the Architectural Standards Manual(ASM) and the recorded agreement. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The Applicant is requesting a modification to the existing Development Agreement [Inst. #107044347 to include storage facility as an allowed use and increase the building square footage to 135,000 square feet with a maximum buiding footprint of 32,500 square feet. This requires City Council action with a recommendation from the Planning Commission on the requested height and square footage. The existing development agreement only allows uses such as retail,restaurant and office. A storage facility is not considered office nor retail as UDC 11-1A-1 defines retail as follows: Page 7 The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, convenience stores;food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances;florists;furniture and home furnishings;general merchandise stores; health and personal care stores; hobby, office supplies, stationery and gift stores;specialty stores;sporting goods; and used merchandise stores. Therefore, storage facility is not allowed without an amendment to the existing development agreement. The existing development agreement has a maximum square footage of one single building in the C- G portion of the project that shall not exceed 32,500 square feet. The applicant's request is almost four(4)times the square footage for the proposed storage facility than allotted to the existing commercial businesses within this subdivision. Staff recommends the applicant enter into a new development agreement(DA) as there are too many owners subject to the previous agreements.The new DA should also include parcel number R0945580265 along with a revised concept plan and commercial/office building elevations showing future development of this parcel.A provision in the new DA will limit the height of all buildings to a maximum height of thirty-five(35)feet.Fifteen(15) days prior to the City Council hearing,the applicant should provide a revised concept plan,commercial/office building elevations, and a legal description of the property that will be subject to the new DA. A comparison table was put together showing the square footage of the existing buildings in the area. Square Footage Comparison Table Development Name Address Square Feet Cityside Storage 2775 N. Eagle Rd 126,084 Discount Tire 2821 N. Eagle Rd 6,947 Mason Retail Bldg 2847 N. Eagle Rd 5,904 Mason Creek Retail Bldg 2959 N. Eagle Rd 7,682 Duplexes Bienville Square No. 2 &3—R-15 SFRs Bienville Square subdivision-R-8 Page 8 f 54.5' 1 Y The comparison table showing the height of existing buildings in the area is a valuable tool for assessing the proposed development's impact on the neighborhood's visual harmony and overall character. A 64%increase in height compared to the tallest building in the immediate area is a significant difference that warrants careful consideration. Visual impact, overshadowing of neighboring structures, and alterations to the area's character are a concern.Maintaining compatibility with existing structures is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed development should enhance rather than detract from the overall quality and character of the area. Height Comparison Table Development Name Address Height Cityside Storage 2775 N. Eagle Rd 54.5' Discount Tire 2821 N. Eagle Rd 26' Mason Retail Bldg 2847 N. Eagle Rd 30.2' Mason Creek Retail Bldg 2959 N. Eagle Rd 25.46' Duplexes Bienville Square No. 2 &3—R-15 24.6' SFRs Bienville Square subdivision-R-8 35' The applicant feels the proposed location will create a better transition with the existing residential areas by moving the mass of the building away from those residential areas and towards Eagle Road Page 9 to the east and the existing commercial to the north. The applicant also feels the scale of the building makes the project much more economically feasible since the high cost of the land can be spread across more units. Third,the applicant states the proposed height of 54.5 feet conforms with the existing C-G zoning allowance of 65 feet,which was a significant consideration in the developer's decision to purchase the land. Although the applicant has put forth several arguments in favor of the proposed location and building scale, emphasizing the transition with existing residential areas, economic feasibility, and adherence to zoning regulations. Staff has concerns regarding the compatibility of the proposed building with the surrounding structures. The applicant's points about transitioning the mass of the building away from residential areas, optimizing economic feasibility through scale, and conforming to the existing zoning regulations are significant factors. However, it's crucial to consider the visual and architectural harmony within the surrounding context. The images provided by the applicant and staff suggest that the proposed building may not blend well with the immediate area,particularly in comparison to the existing structures. The suggestion made during the preapplication meeting,recommending a design that aligns better with the development on the east side of Eagle Road where multi-story apartment buildings are prevalent, could be a valid consideration. Balancing economic feasibility,zoning regulations, and aesthetic integration into the existing environment is often a complex task. It may be beneficial for the applicant to explore design modifications that address the visual compatibility concerns while still meeting their economic objectives and conforming to zoning requirements. Looking West Page 10 rTM Ar� " 'J.'h �ti. 1 f I hCt gill .T F F ■ ■ Existing Development East of the Proposed Project(East Side of Eagle Road) all ��.!�� _° ax� as•. as a�■ 'av �.. Based on the information provided above, staff is not in favor of recommending approval of the Development Agreement modification to increase the square footage from 32,500 to 135,000 with a 32,500 building footprint. Staff is in favor of recommending approval of the Development Agreement modification and CUP for a storage facility with a maximum height of 35 feet and building square footage of 32,500. VII. DECISION A. Staff: Approval: Staff recommends approval of the proposed modification to the Development Agreement and Conditional Use Permit per the DA provisions and conditions in Sections IX and the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on March 21, 2024.At the public hearing,the Commission moved to recommend approval of the subject Conditional Use Permit request. I. Summary of Commission public hearing_ a. In favor: Ken Hosac, CEO of Hosac Ventures,property owner b. In opposition: Commissioner Sandoval C. Commenting: Veda Ballard Page 12 d. Written testimony:None e. Staff presenting gpplication: Linda Ritter,Associate Planner f Other Staff commenting on application:None 2. Key issue(s) public testimony_ a. Proposed height of the storage facility 3. Key issue(s)of discussion by Commission: a. Proposed height of the storage facility. 4. Commission change(s)to Staff recommendation: a. The height be less than 54.5 feet as determined by the Council. 5. Outstandingissue(s)sus)for City Council: a. None C. The Meridian Citv Council heard these items on May 7,2024.At the public hearing.the Council moved to approve the subject Conditional Use Permit and Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Applicant.Ken Hosac. Cheri Ure b. In opposition: Jeff Vrba c. Commenting: Jeff Vrba. Cheri Ure, Geoff Wardle d. Written testimony: Cory Swain—Supports the proposed project. Jon Hastings—Bienville Square Master Property Owners Association(BSMPOA) supports the project as proposed. Veda Ballard—Supports the project with a proposed height of 48 feet. LeeAnn Clark—Supports the proposed project• Brian Penfold—Bienville Square Subdivision No. 3 HOA Board supports the project as row Bruce Dickinson—Board of Jackson Square Homeowners Association supports the project as proposed. e. Staff presenting application: Linda Ritter.Associate Planner f. Other Staff commenting on application: Bill Parsons.Planning Supervisor 2. Key issue(s)of public testimony: a. Building height 3. Kev_ issue(s)of discussion by City Council: a. Building height and integration with the surrounding area 4. City Council change(s)to Commission recommendation: a. Council modified DA provision Page 13 VIII. EXHIBITS A. New Development Agreement Site Plan (4/30/24) -2, -:ft-�' y- I I 1,,,k•,I•.,II•, - y Parcel N: RWA55W2b5 1l 17.534 Sf,0.3t71 acres .•,..� U Owners Hof-ER LLC JE 1If, r,.I S YIIrL '11.1 I1f �fl � � - i �w I:•ti -1-In +- - Parcel N. RQ9455811775 M Parcel E ILalts 26&27. Glxk 11 . Owner HV-55 LLC Page 14 B. New Development Agreement Legal Description(4/30/24) ® YERLEI"S LAND ® TESURV'S LAND 18Ry YF.E�nw Gela EYY1fE�Po�r.rwame 611RVEYINC wlM>tlFMel SURVEYING pa.I aE�E.E na aw err Fr Pul>•E+.R. R�L 1!n AEF. Pnra1.No.EE+ REECRIPTMNIFOR MKRIP1JpJFM MRCEL 0-H✓:SS LLC EME4 E-eN-0E LLC A W.'.Y bYM E.Y-0.Pie M Ld 86d L oG 1 ol9�en.fe£awn 9AMw� avnl q�tl�'Y a�wv.W un 2�.N iT IX 9Nd 1 d 6Mw�Fe FWf� V+ar TpCntl�dodltiJW 0.Y+4'R.m1tlr.6sM M1MmBookfW dF4¢ SuE6.rtwi lbtl NFfeawtlNlae aT Ttla MIC'bf4S.N�.Be�LaMnBeol n ww1.>•eo...lJw.n mR.Fvanw.nw SIII I� Ira 4o ivaenlr 1W dFt.i..�PN�151Va.n Y.:.n on RemWCI6un�Nu l3Wq MFOb me n ]L].�L•A'I�k"{ ryFyne.lE vid Wuan i,T.Y1..RtE RM. ]I-a7 qwy iStti fE lf.N5ed1m 6.T.R1.R.1C.�Y MW W..!tl!{aryf�tlV�e en]nOn prOUYh'tlwwtrl><MM. � J4 1 d+Norirw aom.r vl..tl lax 14.w1eJ•a•!1rf'.�Ir': f+eMdn.Mo taNy tlYV eM.•an n�.M e.r=+tee Y lane.. aYm+laW n+�4n ew.grr d..e In 9d Cum•„i�TA.I tlw NOM.e.I aon!a d eeE Snl 20..+eh+etl bF•1+✓-.a.P'. E[liE1 EP]ZEP Efel 1ta T1 Ff.i b T.nyrn..[mw.I.�ea 2E n«4itl neue eb.p N.VMI ba..lwy e• 11114 Lo1]d eC.1R'.ae pA.Wvt YeY tlY Gel M.nWf/d Wl Lw]6 9fe.A 90'eTRP W..1�3E.51!sL m a P9.Y nv.ry IM MtleleT OE iEdYrIIFIR ..+.e-0Cy!err.pi fF.tlY�9T b!`1'V MJe 1.f1.!Me�.M.IY Sow EG7r'#N1o1 10]16 I.N r.6r-J.M.Etl in F'K 4oJ am WWw. �d�5Yf EiV E..[Ei Da led m•pc+nl mMN M r 1p'��I ILe r er.oe bwMee..Ie FiW MYrYry fl.tti.M'1'll01N'.R EE E6 h.[Y.peFf 111.Ik.d M.1JY.m e^.f...a.I �e&�i W'4'dY YfeY 1fY111wIbawY.nw40 b1.L2`Yon prt l.ee.a �EBa 9Q'14RP NbR 4.R bRbIP�^a.etl WFl�]-.va cn:rv.i � &�pdh EY16'N'Fi.1�1.W 4.1kliMd v�E4 E+�Fr+�/rtl WeW Sl. �f f4A0P15.7 Y.r.}hhfw r.r�ae.un aM NLw.--,-.Y N...1 Lw]E. imn.dnf.lTi'ed1¢n,ewlor rTfg rtlErlbwuMY Rr..e Ed.1 R'Rw P'R OnnM fbq s..f I>•e.l eo1..a1�' Sa.IM 91'1.W IeMI]7..7 R.1 4 a�rt..iM eY.]�P Yen Rn tll.rae Me1w 0Y]T90'EW 99E 51 b.l m 11e IY1•fi OF BE01lIIe116 �b Sage On'09�C ST'SIEE ii�q e 3eM1 rtdM1vo-Dy.1 fi'van F.n E1eYp 9Yc PRF.I of 4�wMw o OEf ct ns.a r r.ry ud Eun Na9eYY Ro.e otrna>•o'v�E]rs J..e n a ad+m b e9�Y1 e9Y1e.1v d..o.a n. neYiEe by a 1f8'Mon Rn:N! I W E eRtl W. E 91r. Mwu C7f dE'fWa1 e11!i tir W.'J rti.iEM by. w�� eaiYlueq eq.krq me Sow.bwglvF d f4tl cd iv rda i1•xe�o'rJ.0 s5..el r�a re aow.en o�..r o.ye.uJ m.+...a � � tr..1.T 4an aM ElRwleviE..a k4R Qp.dw d{d a! �n.�.I�7 µ i held,1YiTV 1'E.a lA61 bN c•Pere i'sMK a PP'�d 6q^"q d dam. .Breed Cy!ENr�Pr Pic!ow+fe��1P err[ef.eYr.1e tl1.I.i 80.0E AM, 1a ya l3,• inn• MVq.IHIe Rl6 EO beLaEshY.•'9I.0 Ir.Tdo-�.b•q d..e i^RSnF.1�• 0 T£AL4Y'S LAND SURVEYING FIWw7 No:CBE. F'.p.] ddr xwJ t ac>a HP1E.P'7EZE'Ewl m 00 IM le.WW'•�'�'!^C tYr ptlnl n rtleq M Orw IJP1df DO aTRO'6.tl iEB.Ee MM b tl�r►�fl[i iECaM.C. 91:f�M Yrb aamwa s DE2.trca.A'a!al.0 Page 15 C. New Development Agreement Concept Plan (4/30/24) � ff ti y A WF O _ 0e'.� Y 1 L d v Page 16 D. New Development Agreement Building Elevations(12/06/23 and 4/21/24) o w�� W -�'�PoOPoOq K3'ATIOPo 9 ON o - 4, 1W o � 2 ii(Ikl li_i �W O D F - O O O �e A2.1 4 F -------------- TFTI -TT n 8®INH EIlIENRNOPo /1 9�EdP E6E'6�ttd7Po e o O: O I O O O 2 F g >. log %;�9RE3P E@FAANOPo - e A2.2 Page 17 o = 3 on 12' Mail ••r. , .. .. ,. 1 0' Sample elevations only,based on a 7,000 sf office buitding. Actusl elevations will reflect future tenant preference based on a commercial"build-to-suit"offering foreither office or retail. e A.1 E. Conditional Use Permit Site Plan (12/06/23) cEer BWlF[�VflulpXE ameea w f i��) � �, � ��aumEa�rarmrr++ mkEieuNeouanrcau�rnw€ — F - p _WT ra L___._ i vP] nQrkMEWA 2755 N.Eagle Rd. �....w.-..�.----� Proposed 4-Story Climate Controlled n Self-Storage Building - ��� 31,521 GSF Per Rnnr 126,084 GSFTntal n� "^`^`m' r ' I mk5SEP 5MCECEfAf9AEi NIQIEPI(f iEF6T 6.lMl �.. F ~ 9 „a LEI ., �.-.. wuEtfx Ef6kxna - �SilE Rsn mM•• Page 18 F. Conditional Use Permit Landscape Plan (12/06/23) V �F xt i _ �R �• Wig ...L m _�,u• _. � m-..- rr �rnomfln Dena,,,. _ 1= 2755 R.Eagle Rd - :r ` - - -- _ p Proposed 4-Story -1 --- _ - Climate Controlled j•;gam ^�r°� _ Self-Stouge Building 31,521 GSF Per Floor GSFToIaI v,.ww[awrou[ na•�.�..,...,,,� � _ vA -m'nEy _ - _ r � 4 L10o G. Conditional Use Permit Building Elevations(12/06/23) (NOT APPROVED) ylm 4 F ea � s e7 U ey a e� ¢ 1' �I L � L e s es. A3.o Page 19 D. Existing Development Agreement 4. USES PERMITTED BY THIS AGREEMENT: The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code§ 11-2A-2 and 11-2B-2 which are herein specified as follows: Construction and development of up to 54 Single Family Residential lots,22 Multi Family Residential lots, 14 common lots and up to 7 commercial/office lots(to include up to 65,000 square feet of retail/restaurant/and office uses in the proposed C-G zone)pertinent to AZ-05-057, PP-05-059, RZ-05-019, PS-05-002 and CUP-05-052 applications. Part of the 28.48 acre site was approved for annexation with a Development Agreement in April,2004 under the name of Kissler Annexation(file no. AZ 03-018). The DA, instrument no. 104107406,requires that anyfuture use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the application for informational purposes. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use pelmit site plan dated February 13, 2006, and shall be required to obtain the City's approval thereof, in accordan.ce to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on th.e Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. Except for the single family Jots,all future buildings on this site shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The site has an existing development agreement fustrument No. 104107406. The entire 28.48 acres shall have a new development agreement which shall incorporate the DA from the prior approval of 2003-2004 and include any further restrictions as detailed in this report. 2. That all future uses shall not involve uses,activities,processes,materials,equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. Page 20 4. That the applicant be responsible for all costs associated with the sewer and water service extension. 5. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service,per City OrdinanceSection 5-7-517,when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 6. That the maximum building footprint square footage of the C-G portion of the project shall not exceed a 20%increase or decrease of 54,000 sq. ft. for a minimum of 43,200 sq. ft. and a maximum of 65,000 sq. ft. That the maximum square footage of one single building in the C- G portion of the project shall not exceed 32,500 square feet,which is approximately%2 of the maximum allowable commercial square feet on this property. 7. That prior to issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and eastern property boundary and along Eagle Road to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots. 8. The applicant has committed a plan to provide a pathway with specific fencing along the southern and western boundaries. The fencing plan shall be constmcted as detailed at the public hearing on April 4,2006. 9. The applicant has shown several elevations for both the alley accessed residential, condominium, and detached single family residential products. The elevations shall be in substantial confonnance to the elevations presented at the April 18,2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. 10. The elevations for the commercial/office buildings shall substantially comply with the elevations submitted by the applicant at the April 18, 2006 hearing. Further,the applicant shall coordinate with the developer of Sadie Creek Promenade to create a unified appearance throughout both projects. 11. The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multi use pathway,bridge maintenance, and landscaping along the Finch Lateral. E. Applicant's Proposed Modifications to the Development Agreement Lanaguage Provisions with Proposed Changes in Strike-Out/Underline Format: 4 USES PERMITTED BY THIS AGREEMENT: 4.1 Gonstfuetion and development of up to 54 Single Family Residential lots, 22 N4114 Fami4y Residential lots, 14 eetwnea lots a-ad up to 7 eetwner-eial/affiee lots (to ineltide up to 65,000 square feet of r-etail/fesidefAial/and effiee uses in in the proposed G G zone)pei4iaent to AZ 4.3 The construction and development of a self-storage facility on Parcel No.R0945580275 (2755 N. Eagle Road)with combined building footprints of up to 36,000 square feet and a combined gross building area over multiple stories of up to 135,000 square feet. Change: We propose to add a new Section 4.3 that specifies the use self-storage use and adds (for our parcel) the combined building footprints (36K sfi and the combined building area (135K sfi. Page 21 Note: The 3YdAddendum (518114) inadvertently deleted the commercial/office language in Section 4.1 of the 2nd Addendum (2121113), so the original commercial/office language technically no longer exists. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1.6 That the fna*imufn square footage of the G G pei4ien of the pr-ojeet shall not exeeed a 65,000 sq. A. That the ma-ximtifn squar-e footage of one single building in the G 0 pot4ion o l allowable, l s o feet o this p pe ft.. 6.1.6 The maximum square footage for the footprint of a single building within the C-G portion of the project shall not exceed 32,500 square feet. The maximum square footage for the combined footprints of all buildings within the C-G portion of the project shall not exceed 75,000 square feet. Change: We propose to change the restrictions to limit "building footprints"rather than "building area", with limits of 32.5K sf for a single building and 75Kfor the entire commercial subdivision. Note: The I"Addendum (3129107)specifies building area limits of 32.5K sffor a single building and 65K sf for the entire commercial subdivision. The footprints of the existing buildings total 28,247 sf(according to the Ada County Parcel Viewer). 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1.10 The eleveAiens for-the eemmer-eial/effiee buildings shall s4stantially eomply with th shall eeefdina4e with the developer-of Sadie Greek Pr-emenade to er-ea4e a tm 6.1.10 The elevations for the proposed buildings on Parcel No. R0945580275 (2755 N. Eagle Road) shall comply with the elevations in the CUP approved concurrently with this 5th Addendum. Elevation requirements for all other commercial/office buildings in the C-G portion of the project shall remain unchanged_ Change: Comply with the new elevations contained in our CUP application rather than the elevations originally submitted on 4118106. Note: The P Addendum (3129107)specifies compliance with the elevations submitted by the former applicant on 4118106. IX. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Development Agreement Modification Fifteen(15)days prior to the City Council hearing,the applicant shall provide the revised concept plan that includes parcel R0945580265,commercial/office building elevations and a legal description of the property subject to the new DA. 1.1 The new DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The DA shall,at minimum,incorporate the following provisions: Page 22 a. Future development of this site shall be generally consistent with the concept plan and conceptual building elevations included in Section V111 and the provisions contained herein. b. The future use of this site is limited to the self-service storage facility, office, and retail uses. The self storage building shall not exceed 50 feet in height. including the naranet All buildings shall not exeeed thiftt, five (35)feet in height. 2. Conditonal Use Permit 2.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-34—Self- Service Storage Facility. 2.2 Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards. 2.3 Add decorative pedestrian lighting along Eagle Road that meet the requirements of UDC 11- 3H-4C post and luminaire. 2.4 Protect the existing landscaping on the site during construction,per UDC 11-3B-10. 2.5 The facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. because the property abuts a residential zoning district per UDC 11-4-3-34E. 2.6 A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to submittal of a building permit application. 2.7 The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested asset forth in UDC 11-5B-6F. B. PUBLIC WORKS https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=331424&dbid=0&repo=MeridianC Lty C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=331434&dbid=0&repo=MeridianC ity D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.oLvlWebLinkIDocView.aspx?id=331434&dbid=0&repo=MeridianC Lty E. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=331434&dbid=0&repo=MeridianC Lty Page 23 X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: I. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds the site is large enough to accommodate the proposed use (i.e. storage facility, self- service)and can meet all of the dimensional and development regulations of the C-G zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed storage facility, self-service if approved at the requested height and square footage would not maintain compatibility with existing structures which is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed height will not be harmonious with adjacent residential and commercial uses and will negatively impact these uses as it may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Council finds the proposed height exceeds the tallest building in the immediate area by a significant margin, and may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. Maintaining compatibility with the existing structures is crucial for the overall aesthetics and functionality of a neighborhood or area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds the proposed storage facility, self-service if approved at the requested height and square footage would not maintain compatibility with existing structures which is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed height will not be harmonious with adjacent residential and commercial uses and will negatively impact these uses as it may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures,refuse disposal, water, and sewer. Council finds the proposed use can be served by essential public facilities and services as required; the proposed use(i.e. storage facility, self-service)will not have an impact to the provision of services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds the proposed use (i.e. storage facility, self-service)will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Page 24 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. Council finds the proposed use (i.e. storage facility, self-service), will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke,fumes, glare or odors. Council finds the proposed storage facility, self-service if approved at the requested height and square footage would not maintain compatibility with existing structures which is crucial not only for aesthetics but also for the functional integration of the new development into the community. The proposed height will not be harmonious with adjacent residential and commercial uses and will negatively impact these uses as it may lead to overshadowing of neighboring structures, and alterations to the area's character which are a concern. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Council finds the proposed use (i.e. storage facility, self-service)will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 25 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Release of Lot 11 in Block 25 of Cedar Springs Subdivision No. 3 from Existing Development Agreement(Instrument Nos. 102067381, 105058639, and 106052778) C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Item on the City Council Work Session Consent Agenda From: Steve Siddoway, Parks &Recreation Meeting Date: May 28, 2024 Director William L. M. Nary, City Attorney/Risk Manager Topic: Release of Lot 11 in Block 25 of Cedar Springs Subdivision No. 3 from Existing Development Agreement (Instrument Nos. 102067381, 105058639, and 106052778) Recommended Council Action: Approve the release of Lot 11 in Block 25 of Cedar Springs Subdivision No. 3 from the development agreement described below. Background: The City recently acquired Lot 11 in Block 25 of Cedar Springs Subdivision No. 3 ("Lot 11") from the West Ada School District for park and recreation purposes. Lot 11 is encumbered by a 2002 development agreement, as amended in 2005 and 2006 (Instrument Nos. 102067381, 105058639, and 106052778). The development agreement is no longer needed with respect to Lot 11, since the City now owns the property. Moreover, there are no substantive provisions in the development agreement that directly apply to Lot 11. Therefore, it is recommended that the City release Lot 11 from the development agreement by executing and recording the attached instrument. Attachment: Full Release from Amended Development Agreement ADA COUNTY RECORDER Trent Tripple 2024-029601 BOISE IDAHO Pgs=1 ANGIE STEELE 06/03/2024 12:14 PM When recorded,please return to: CITY OF MERIDIAN,IDAHO NO FEE City of Meridian 33 E Broadway Ave.,Ste.104 Meridian,Idaho 83642 FULL RELEASE FROM AMENDED DEVELOPMENT AGREEMENT This Full Release from Amended Development Agreement ("Release") is made by the City of Meridian ("City/Owner"), the legal owner of that certain real property located at Lot 11 in Block 25 of Cedar Springs Subdivision No. 3, according to the official plat thereof, filed in Book 88 of Plats at Pages 10198, 10199, 10200, and 10201, Records of Ada County, Idaho ("Property"). WHEREAS, the Property is subject to that certain Development Agreement (Instrument No. 102067381), First Addendum to Development Agreement (Instrument No. 105058639), and Second Addendum to Development Agreement (Instrument No. 106052778) (collectively "Amended Development Agreement"); and, WHEREAS, the City/Owner acquired the Property for park and recreation purposes; and, WHEREAS, the City Council of the City of Meridian has approved the release of the Property from the Amended Development Agreement; NOW, THEREFORE, the City of Meridian hereby declares and certifies that, as of the Effective Date set forth below, the Property shall no longer be subject to the Amended Development Agreement in any manner whatsoever. Effective Date: 28th day of May, 2024. CITY OF MERIDIAN Robert E. Si iso Mayor CNi i��tAN 1_ L(�� Attest by C is Joh ., .-,. � ity Clerk STATE OF IDAHO ) )ss. County of Ada ) This record was acknowledged before me on 5-28-2024 (date), by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY Signature of Notary P li COMMISSION No. 67390 My Commission expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Full Release of Access and Parking Easement (Instrument No. 112096134) Between City of Meridian and West Ada School District C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Item on the City Council Work Session Consent Agenda From: Steve Siddoway, Parks &Recreation Meeting Date: May 28, 2024 Director William L. M. Nary, City Attorney/Risk Manager Topic: Full Release of Access and Parking Easement (Instrument No. 112096134) Recommended Council Action: Approve the full release of the access and parking easement described below,which is no longer necessary. Background: The City recently acquired approximately 11.365 acres of real property ("Property") from the West Ada School District ("District"). The Property,which is located adjacent to Settlers Park, is encumbered by a 2012 access and parking easement ("Easement") between the City and the District (Instrument No. 112096134). The Easement no longer valid, however, since the City now owns the Property. Under Idaho law, "one cannot have an easement in one's own lands." Fitzpatrick v. Kent, 166 Idaho 365, 369, 458 P.3d 943, 947 (2020). Therefore, it is recommended that the City extinguish the Easement by executing and recording the attached instrument. Attachment: Full Release of Easement ADA COUNTY RECORDER Trent Tripple 2024-028546 BOISE IDAHO Pgs=1 MATT BUNK 05/29/2024 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Access and Parkin4 GRANTEE: CITY OF MERIDIAN GRANTOR: Joint School District No. 2 INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated August 21 , 2012 and recorded as Instrument Number 112096134 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 28th day of May 20 24 CITY OF MERIDIAN Robert E. Sim son, ayor 5-28-2024 gAIL0 ' Attest by Iris Joh r „N ity Clerk 5-28-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-28-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Na&YcW2�A Notary Signature 3-28-2028 CHARLENE WAY My Commission Expire : COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement between the City of Meridian and Meridian Dairy and Stock Show, Inc. for Meridian Dairy Days C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: May 28, 2024 Presenter: Bill Nary, City Attorney Estimated Time: 0.5 minutes Topic: Memorandum of Agreement: Meridian Dairy Days Recommended Council Action: City Council please approve and Mayor please sign the MOA. Background: I. HISTORIC MERIDIAN SPECIAL EVENT ORDINANCE In 2014, by the adoption of Ordinance no. 14-1611, City Council added these provisions to Title 3, Chapter 4, Meridian City Code: Meridian City Code section 3-4-1: CITY SERVICES: Services provided by City employees in the course and scope of their employment for the protection of the public health, safety, or welfare and/or for the maintenance of public property. This definition shall include, but shall not be limited to, property maintenance services provided by employees of the Meridian Parks and Recreation Department, public safety services provided by employees of the Meridian Police Department,and fire protection and medical services provided by employees of the Meridian Fire Department. This definition shall not include services related to permitting, licensing, inspections, or the provision of services by City contractors. Meridian City Code section 3-4-1: SPECIAL EVENT: . . . A special event shall be classified as an "Historic Meridian Special Event" where such special event has occurred within Meridian on an annual basis for seventy-five (75) years or more. Meridian City Code section 3-4-5(F)(3)(b): City may provide city services necessary to support Historic Meridian Special Events at no or reduced charge to organizer, as established by written agreement, where the provision of such services is deemed feasible and appropriate in the discretion of the respective department director(s). Notwithstanding the execution of such contract, all provisions of this chapter, including penalties for noncompliance, shall apply, in addition to any remedies set forth in such contract. By the adoption of Ordinance no. 14-1614, City Council also amended the Parks Code: Meridian City Code section 13-2-4(C)(1): No reservation fee shall apply to historic Meridian special events as defined in Title 3, Chapter 4 of this Code. II. AMOUNT OF CITY'S INVESTMENT In 2014, the City invested a total of$8,168 in Dairy Days, of which $5,982 was for the parade. ACHD also provided materials and flaggers at a cost of$5,374 to ACHD. 2014 Parade: $50 Citizen's use permit fee waived $2,005 Police staffing for parade (18 officers) $3,927 Specialty Construction traffic control plan, signs, barricades, flaggers per ACHD requirements 2014 other: $150 Temporary use permit fee waived $1,400 Parks &Recreation staffing Storey Park during event + $636 Storey Park reservation fee $8,168 In 2015,the City invested $9,936 for Dairy Days, of which approximately$7,750 was for the parade. 2015 Parade: $50 Citizen's use permit fee waived $2,000 Police staffing for parade (15-18 officers) $5,000 Traffic control plan, signs, barricades, flaggers per ACHD requirements $700 Fire Department EMS/first aid staffing (8 paramedics) 2015 other: $150 Temporary use permit fee waived $1,400 Parks &Recreation staffing Storey Park during event + $636 Storey Park reservation fee $9,936 In 2016,the City invested $10,037 in Dairy Days, of which approximately$7,541 was for the parade. 2016 Parade: $50 Citizen's use permit fee waived $2,192 Police staffing for parade $4,339 Traffic control plan, signs, barricades, flaggers per ACHD requirements $960 Fire Department EMS/first aid command post staffing 2016 other: $150 Temporary use permit fee waived $1,400 Parks &Recreation staffing Storey Park during event $869 Storey Park reservation fee + $77 Electrical permit fee $10,037 In 2017,the City invested $11,573 in Dairy Days, of which approximately$8,030 was for the parade. 2017 Parade: $50 Citizen's use permit fee waived $2,094 Police staffing for parade $4,806 Traffic control plan, signs, barricades, flaggers per ACHD requirements $1080 Fire Department staffing for parade (3 bike medics) 2017 other: $150 Temporary use permit fee waived $2,364 Parks &Recreation staffing Storey Park during event $964 Storey Park reservation fee + $65 Electrical permit fee $11,573 In 2018,the City invested $7,596.72 in Dairy Days, of which approximately$5,142.12 was for the parade. 2018 Parade: $150 Large-Scale Temporary Use Permit fee waived $664.12 Police staffing for parade $4,078 Traffic control plan, signs, barricades, flaggers per ACHD requirements $250 Fire Department staffing for parade 2018 other: $1,420 Parks &Recreation staffing Storey Park during event $964.60 Storey Park reservation fee + $70 Electrical permit fee $7,596.72 In 2019,the City invested $11,015.86 in Dairy Days, of which approximately$ 8,561.26 was for the parade. 2019 Parade: $150 Large-Scale Temporary Use Permit fee waived $ 2,161.26 Police staffing for parade $6,000 Traffic control plan, signs, barricades, flaggers per ACHD requirements $250 Fire Department staffing for parade 2019 other: $1,420 Parks &Recreation staffing Storey Park during event $964.60 Storey Park reservation fee + $70 Electrical permit fee $11,015.86 In 2020, Dairy Days was canceled in order to avoid the spread of COVID-19. In 2021,the City invested $15,158.27 in Dairy Days, of which approximately$10,814.15 was for the parade. 2021 Parade: $ 150.00 Large-Scale Temporary Use Permit fee waived $ 2,400.00 Police staffing for parade $ 7,304.15 Traffic control plan, signs, barricades, flaggers per ACHD requirements $ 960.00 Fire Department staffing for parade 2021 other: $ 3,199.32 Parks &Recreation staffing Storey Park during event + $ 1,144.80 Storey Park reservation fee $15,158.27 In 2022,the City invested $18,083.83 in Dairy Days, of which approximately$13,739.71 was for the parade. 2022 Parade: $ 150.00 Large-Scale Temporary Use Permit fee waived $ 3,272.15 Police staffing for parade $ 9,357.56 Traffic control plan, signs, barricades, flaggers per ACHD requirements $ 960.00 Fire Department staffing for parade 2022 other: $ 3,199.32 Parks &Recreation staffing Storey Park during event + $ 1,144.80 Storey Park reservation fee $ 18,083.83 In 2023,the City invested $17,699.67 in Dairy Days, of which approximately$13,355.55 was for the parade. 2023 Parade: $ 150.00 Large-Scale Temporary Use Permit fee waived $ 4,500.00 Police staffing for parade $ 7,745.55 Traffic control plan, signs, barricades, flaggers per ACHD requirements $ 960.00 Fire Department staffing for parade 2023 other: $ 3,199.32 Parks &Recreation staffing Storey Park during event + $ 1,144.80 Storey Park reservation fee $ 17,699.67 III.AWARD TO DAIRY DAYS A. HISTORY OF CITY'S COMMITMENT TO DAIRY DAYS In 2014, ACHD a) completed the Split Corridor, which added a crossover from Main Street to Meridian Road, b) advised the Dairy Board that it would no longer provide traffic safety devices such as barricades and cones, and c) determined that only certified flaggers and law enforcement officers could conduct traffic control. City staff advised City Council that the costs of providing City services to support the parade, as well as the event and carnival in the park, were increasing, due to increased attendance at these events. An interdepartmental team of City staff members proposed an ordinance for historic Meridian events that would help formalize the City's relationship with the Dairy Board as a partner in providing services necessary to support Dairy Days. City Council passed the ordinance, and since that time, staff has worked with the Dairy Board to identify and waive or pay costs and fees related to City or ACHD regulations. B. HISTORICAL AND FY24 AMOUNT OF CITY'S COMMITMENT, PROCESSES,AND DOCUMENTATION Since 2014, the City has waived all permit fees, absorbed all staffing costs, and paid the vendor directly for traffic control planning and equipment. Before 2022, City Council's directive to this effect was memorialized in the minutes reflecting City Council's authorization of the City's investment (and in Mayor De Weerd's 2015 letter). The City Attorney's Office was advised not to prepare a written agreement with the Dairy Board regarding the use of City services and/or City facilities for Dairy Days. In 2022, and in subsequent years, the City Attorney's Office was directed to prepare a written memorandum of agreement with the Dairy Board detailing the City's contributions to Dairy Days. A summary of each year's process is as follows: • FY15: On March 24, 2015, the Dairy Board president made a presentation to City Council requesting that the City absorb all costs related to City services and the traffic control plan. Following City Council deliberation, City Council agreed to fulfill this request, committing up to $9,000 for in-kind/staffing contributions and payment for the traffic plan. The Mayor sent a letter to the Dairy Board advising them of the City's contribution to Dairy Days. • FY16: On May 17, 2016, the Dairy Board president made a presentation to City Council requesting that the City absorb all costs related to City services and the traffic plan. On May 24, 2016, the Mayor stated that the cost of the City services necessary to support Dairy Days, including the traffic plan,would be absorbed as part of the departments' respective budgets. • FY17: On May 23, 2017, the Dairy Board president appeared before City Council to make a request for the City's contribution, and, following deliberation, Council authorized an expenditure of$4,600 for the traffic control plan and directed staff to coordinate with the Dairy Board to provide other necessary City services, with all fees waived. The costs of the City services were absorbed as part of the departments' respective budgets. • FY18: On May 22, 2018, the Dairy Board president appeared before City Council to make a request from the City of$6,000 to be used for preparation of the traffic control plan. City Council authorized an amount not to exceed $6,000 to the Dairy Board. The costs of the City services were absorbed as part of the departments' respective budgets. • FY19: On May 21, 2019, the Dairy Board president appeared before City Council to make a request from the City of$6,000 to be used for preparation of the traffic control plan. City Council authorized an amount of approximately $6,000 to the Dairy Board. (The City had budgeted $4,900, so the additional amount required a budget amendment.) The costs of the City services were absorbed as part of the departments' respective budgets. • FY21: On May 18, 2021, the Dairy Board president appeared before City Council to make a request from the City of$8,900 to be used for preparation of the traffic control plan. City Council authorized a not-to-exceed amount of approximately $8,900 to the Dairy Board. (The City had budgeted $5,000, so the additional amount required a budget amendment.) The costs of the City services were absorbed as part of the departments' respective budgets. • FY22: On May 10, 2022, the Dairy Board president appeared before City Council to make a request from the City of$9,249 to be used for preparation of the traffic control plan. City Council authorized this amount. The costs of the City services were absorbed as part of the departments' respective budgets. The Dairy Board also executed a memorandum of agreement with the City memorializing the City's contribution to Dairy Days. • FY23: MPD budgeted $7,950 for services to be provided at the Dairy Days parade - $4,450 for the traffic plan and $3,500 for police services. The direction provided was that from FY23 on, unless otherwise directed by the Mayor or Council President,the Dairy Board would not present to City Council prior to Dairy Days; rather, a Memorandum of Agreement would serve as the Dairy Board's request for, and the City's agreement to,the City's contribution. • FY24: MPD has budgeted $4,450 for services to be provided at the Dairy Days parade. MEMORANDUM OF AGREEMENT: MERIDIAN DAIRY DAYS This Memorandum of Agreement (hereinafter "Agreement") is made this 28tl1day of May, 2024 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter"City"), and Meridian Dairy& Stock Shows, Inc., a non-profit organization organized under the laws of the State of Idaho (hereinafter "Organizer"). WHEREAS,Meridian Dairy Days has been celebrated in Meridian since 1929, and Organizer continues to uphold this historic legacy of community spirit, agricultural heritage, and building strong leaders for our future by supporting 4-H and Future Farmers of America in the Meridian area; WHEREAS,Meridian City Code section 3-4-5(F)(3)(b) authorizes the provision of City services necessary to support historic Meridian special events at no or reduced charge to the organizer, as established by written agreement; WHEREAS,Meridian City Code section 13-2-4(C)(1) states that no park reservation fee shall apply to Historic Meridian Special Events; WHEREAS,Meridian City Council finds that investing public funds in Organizer's event will enhance the Meridian community's quality of life, highlight a vital part of Meridian's history and future, and stimulate economic development by showcasing downtown Meridian; 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, City and Organizer agree as follows: I.CITY'S COMMITMENTS. A. Use of Park. At no charge to Organizer, City shall allow Organizer to host the historic Meridian special event known as Meridian Dairy Days ("Event") in City's Storey Park, located at 205 E. Franklin Road ("Park"), from June 20, 2024 to June 22, 2024, at the time, place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-24-0044. B. Parks & Recreation staffing. At no charge to Organizer, City shall provide services of Meridian Parks &Recreation Department personnel as needed to support the Event, including trash removal, janitorial services, and ongoing and on-call facility oversight and maintenance. C. Traffic control plan. City shall directly pay one (1) vendor, selected by Organizer, and approved by the Ada County Highway District, to provide a traffic control plan for the parade, for review and approval by the Ada County Highway District and Meridian Police Department, as well as barricades, cones, candles, and any other equipment necessary for vehicle and pedestrian traffic safety and control. City shall pay the vendor directly within thirty (30) days of receipt of vendor's invoice. MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE I D. Meridian Police staffing. At no charge to Organizer, City shall provide services of Meridian Police Department personnel as needed to support the Event, primarily traffic and crowd control for the parade. E. Meridian Fire staffing. At no charge to Organizer, City shall provide services of Meridian Fire Department personnel as needed to support the Event, primarily available to provide emergency medical services for patrons of the parade. F. Application fee waived. City shall waive the temporary use permit application fee for TUP no. TUP-24-0044. G. Facility operation. City shall provide general maintenance, mowing, irrigation, and custodial services with regard to Park facilities, infrastructure, and vegetation. City shall provide all necessary utilities and services to Park facilities, including, but not limited to, electricity, potable water, sewage service, and/or typical waste and refuse removal. II.ORGANIZER'S COMMITMENTS. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks and Recreation Department. B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer shall separately obtain and comply with each and all of the following permits, as required by law: 1. City of Meridian Temporary Use Permit for a Historic Meridian Special Event; 2. Any and all applicable licenses, permits, inspections, and/or certifications from the Ada County Highway District; 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department; and 4. Any and all reservations and scheduling arrangements required by the Meridian Parks and Recreation Department, Meridian Police Department, and Meridian Fire Department. C. Manner of Park use. Organizer's use of Park for Event shall be subject to all terms and conditions as set forth in this Agreement, in City of Meridian Temporary Use Permit no. TUP-24-0044, and any applicable laws and policies, including, without limitation, the Meridian Parks and Recreation Event Planners' Handbook. Such terms and conditions shall include, but shall not be limited to, the following: 1. Park is public property; the public must have general access to all open areas of Park at all times. 2. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities. 3. No smoking shall be allowed in Park. 4. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the conclusion of Event, and may not be disposed of at Park. MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 2 1. Insurance. Organizer shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organizer, Organizer's employees, and Organizer's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Event, including Event set-up and tear-down. Such insurance shall name City as additional insured, and shall afford at least one million dollars ($1,000,000.00) per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury, and one million dollars ($1,000,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. IV.GENERAL PROVISIONS. A. Notice. Communication between Organizer and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-mail, addressed as follows: City: Organizer: City of Meridian Hans Bruijn, President Attn: City Clerk Meridian Dairy & Stock Shows, Inc. 33 E. Broadway Avenue P.O. Box 862 Meridian, Idaho 83642 Meridian, Idaho 83680-0862 cityclerk@meridiancity.org bruijn@centurylink.net B. No right to exclude conveyed. Use of Park under this Agreement shall include neither the right to exclude any law-abiding person from Park where such person is not unduly interfering with Organizer's use thereof, nor the right to interfere with any person's concurrent, lawful use of Park where such concurrent use does not conflict or interfere with Organizer's use. At all times Organizer shall be on an equal footing with the general public regarding its use of Park. Organizer shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. C. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Park. D. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 3 E. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date of this Agreement and throughout the course of Event and all related activities. F. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. G. 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 attorneys' 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. H. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. I. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing twenty-four(24) hours notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four (24) hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e-mailing of notice of termination. J. Nonappropriation. Organizer acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this Agreement to the contrary, City's obligations under this Agreement shall be subject to and dependent upon appropriations being made by City Council for such purpose. K. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 4 L. Entire Agreement. This Agreement and Temporary Use Permit no. TUP-24-0044 contain the entire agreement of the parties and supersede any and all other agreements or understandings, verbal or written,whether previous to the execution hereof or contemporaneous herewith. M. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. N. Approval required. This Agreement shall not become effective or binding until approved by the respective governing boards of both Organizer and City. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. ORGANIZER: BY: Hans Bruijn President, Meridian Dairy& Stock Shows, Inc. CITY OF MERIDIAN: Attest: BY: Robert E. Simison, Mayor 5-28-2024 Chris Johnson, City Clerk 5-28-2024 MEMORANDUM OF AGREEMENT:MERIDIAN DAIRY DAYS PAGE 5 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval the Sole Source Agreement with Trojan Technologies and approval of the purchase of UV Lamps from Trojan Technologies for the Not-to-Exceed amount of $73,146.96 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: 5/28/2024 Presenter: N/A Estimated Time: 0.00 Topic: Approval of Sole Source to Trojan Technologies for UV Lamps. Recommended Council Action: Approve the Sole Source to Trojan Technologies and approve the purchase of UV Lamps from Trojan Technologies for the Not-to-Exceed amount of$73,146.96. Background: Trojan Technologies has been the sole vendor for this equipment at the Wastewater Treatment Facility dated back to 2015. The Procurement Division decided to update the dated forms with the vendor. Mayor Robert E. Simison City Council Members: C� E IDIAN .Z- - Luke Cavener, President Liz Strader,Vice President Doug Taylor John Overton Anne Little Roberts TO: Mayor Robert E. Simison Members of the City Council FROM: Warren Hudson, Wastewater Superintendent DATE: April 26, 2024 SUBJECT: FY24 SOLE SOURCE PURCHASE OF UV PARTS IN THE AMOUNT OF $73,146.96 FROM TROJAN TECHNOLOGIES REQUESTED COUNCIL DATE: May 1411 Consent Agenda I. RECOMMENDED ACTION A. Move to: 1. Approve the sole source purchase from Trojan Technologies of UV disinfection system consumable parts in the amount of$73,146.96. 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Warren Hudson, Wastewater Superintendent 208-985-1258 Travis Kissire, Deputy Director Utility Operations 208-985-1256 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background The equipment responsible for the UV disinfection treatment process requires regular replacement of lamps/bulbs to ensure effective disinfection of effluent wastewater to stay in compliance with IPDES permit limitations. Due to price increases, the quotation for this essential equipment now surpasses the $50,000 City purchasing threshold and thus requires City Council approval. It is imperative to emphasize that this purchase is vital for the facility to uphold compliance with permit requirements, safeguarding both public health and environmental integrity. IV. IMPACT A. Strategic Impact: Disinfection of the wastewater flow prior to discharge to Five Mile creek is a requirement of the City's IPDES permit, protecting community health and water quality. B. Fiscal Impact: This purchase of UV consumalbles has been budgeted within the wasterwater plant operations budget (60-3510-53101). Sufficient funds are available for the puchase. VII. LIST OF ATTACHMENTS Purchase Requisition Trojan UV Quote Trojan UV sole source Approved for Council Agenda: 1"1 4/26/24 PURCHASING AGENT E IDIAN,- 33 East Broadway Avenue Meridian, ID 83642 4 H O Phone: 208-888-4433 Fax: 208-887-4813 CITY OF MERIDIAN SOLE SOURCE FORM Date: 5/14/2024 Item or Service: UV lamps for the Wastewater Treatment Facility I� Sole Source: Item is available from only one vendor. Item is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) This purchase is for replacement bulbs for our Trojan UV 3000 system. The UV system is essential in maintaining compliance with the disinfection limits of our NPDES permit. The manufacturer provided a lifetime disinfection guarantee on these bulbs; however, in order to maintain the guarantee, the following conditions must be met: • The system must be operated within the prescribed Design Parameters and Operation & Maintenance (O&M) manual. • Only Trojan Approved and Validated replacement parts are used in the system. • Technical field service is supervised or provided by a Trojan Certified Technician; The following statement is contained with the performance guarantee: • Should an alternate UV lamp be used on any Trojan system, your Plant shall be deemed out of compliance with regards to: Trojan's Lifetime Disinfection Guarantee; Free 24/7 access to phone Technical Assistance; and Free lamp recycling. Equally important, you also risk voiding peripheral component warranties. Direct replacement with Trojan bulbs and parts is essential to maintain the system disinfection guarantee and system warranty. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy&Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval 5-28-2024 Warren Hudson Date: Requestor(Print Name) -OJL�� l I _I Purchasing n(�.,(��'� Approval: Department Manager Signature Procurement Manager SOLE SOURCE/BRAND EXAMPLES. SOLE SOURCE: Only one (1) vendor if there is only one (1) vendor for the personal property to be acquired. For purposes of this definition, only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and shall include, but not be limited to, the following situations: (i) Where property is required to respond to a life-threatening situation or a situation which is immediately detrimental to the public welfare or property; (ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; (iii) Where a sole supplier's item is needed for trial use or testing; (iv) The purchase of mass-produced movies, videos, books or other copyrighted materials; (v) The purchase of property for which it is determined there is no functional equivalent; (vi) The purchase of public utility services; (vii) The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; or (viii)Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. 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O D O fD (7 (D 3 rt mo r+ -< (DC < C fD tn C �F 3 �* on (o (D p N y C rD N O ' (D � rD O _ O ` C C � m a n s W DO O rD (D o N a - rD rD n rD - rD x - rt rD (D rD rD (D rt N C C rt N DJ O _. 3 (D N a S 0q S S rt rr City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3510 - WW Treatment Plant From 10/1/2023 Through 9/30/2024 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 53101 Plant Maintenance 895,911.12 471,761.41 424,149.71 Total OPERATING COSTS 895,911.12 471,761.41 424,149.71 DEPT EXPENDITURES 895,911.12 471,761.41 424,149.71 TOTAL EXPENDITURES 895,911.12 471,761.41 424,149.71 Date: 5/14/24 12:21:29 PM Page: 1 T[] QUOTATION TROJAN Q00011622 technologies' TROJAN TECHNOLOGIES 3020 GORE ROAD LONDON, ON N5V 4T7 CANADA T. 519-457-3400 www.trojantechnologies.com Sold to Ship to CITY OF MERIDIAN City of Meridian Wastewater WASTE WATER DIVISION 3401 N.Ten Mile 33 E. BROADWAY AVENUE Meridian ID 83646-5409 Meridian ID 83646-5409 UNITED STATES UNITED STATES Customer Service Contact: tuvcustomerservice@trojantechnologies.com Payment Terms : 0%/00/30 net Internal Sales Rep Heather Conine Delivery Terms DELIVERED DUTY PAID Customer No. 100003353 Carrier/LSP Reference Quote Date 04-04-2024 Quote Expiry Date 05-22-2024 freight id 8462 Project Quantity Price Unit Net Price Tax Rate Line Item Discount% Net Amount Tax Amount Amount Description 135.00 451.90/ EA 406.71 0.00% 10 794447-ORD 10.00 % 54,905.85 0.00 54,905.85 LAMP P,GA64T6HE ANGLE BASE 15.00 157.05/ EA 157.05 0.00% 20 316136 2,355.75 0.00 2,355.75 SLEEVE,QTZ UV3+28x25x1958 70.00 196.05/ EA 196.05 0.00% 30 302418-004 13,723.50 0.00 13,723.50 LAMP P, UV6414 UV 4-PKG 3.00 292.80/ EA 292.80 0.00% 40 302208-004 878.40 0.00 878.40 SLEEVE,QTZ UV3 20X23X1610 4PK 1.00 1,283.46/ EA 1,283.46 0.00% 50 FREIGHT 1,283.46 0.00 1,283.46 FREIGHT&HANDLING Goods 71,863.50 Discount 6,100.65 Tax Amount Total USD Costs 1,283.46 Subtotal 73,146.96 0.00 73,146.96 Page 1 / 2 JQUOTATION TROJAN Q00011622 technologies' TROJAN TECHNOLOGIES 3020 GORE ROAD LONDON, ON N5V 4T7 CANADA T. 519-457-3400 www.trojantechnologies.com Terms and Conditions All purchases of Trojan products and/or services are expressly and without limitation subject to Trojan's Terms and Conditions of Sale("Trojan"or"SELLER"),incorporated herein by reference and published on Trojan's website https:www.trojantechnologies.com/sales-terms-conditions/ Trojan TCS are incorporated by reference into each of Trojan's offers or quotations,order acknowledgments, and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Trojan's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Trojan TCS,subject to Trojan's final credit approval:(1)Buyer's issuance of a purchase order document against Trojan's offer or quotation;(it)Trojan's acknowledgement of Buyer's order;or(iii)commencement of any performance by Trojan in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of the Trojan's TCS shall be null and void and not considered part of the Contract. www.trojantechnologies.com/sales-terms-conditions TROJANUV ;ariaFiLTPA �Aquafine �VIQUA. Page 2 / 2 T TROJAN technologies TERMS AND CONDITIONS OF SALE This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services provided, by the seller entity identified on the purchase order("SELLER")and sold to the original purchaser thereof("BUYER"). The term "SELLER" includes only SELLER, and none of its affiliates. Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of SELLER and BUYER, these Terms & Conditions of Sale establish the rights, obligations and remedies of SELLER and BUYER which apply to this offer and any resulting order or contract for the sale of SELLER's goods and/or services ("Products"). 1. APPLICABLE TERMS & CONDITIONS: These Terms &Conditions of Sale are contained directly and/or by reference in SELLER's proposal, offer, order acknowledgment, packing slip, and/or invoice documents. The first of the following acts constitutes an acceptance of SELLER's offer and not a counteroffer and creates a contract of sale ("Contract") in accordance with these Terms &Conditions of Sale: (i) BUYER's issuance of a purchase order document against SELLER's offer; (ii) acknowledgement of BUYER's order by SELLER; or(iii) commencement of any performance by SELLER pursuant to BUYER's order. Provisions contained in BUYER's purchase documents (including electronic commerce interfaces)that materially alter, add to, or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract. 2. CANCELLATION AND RETURN: The whole or any part of this order may be cancelled only with the prior written consent of SELLER. If SELLER does consent to a cancellation, such consent will be given only upon payment of reasonable cancellation charges in an amount determined by SELLER and which will include recovery of costs plus reasonable profit. In addition,with respect to any Products returned on cancellation, BUYER will pay SELLER's cost of placing the returned Products in a saleable condition, sales expenses incurred by SELLER in connection with such returned Products, a reasonable restocking charge and freight costs incurred in connection with the original shipment and in connection with returning such Products to SELLER, all in such amounts as are advised to the BUYER by SELLER. SELLER may cancel all or part of any order prior to delivery without liability if the order includes any Products that SELLER determines may not comply with export, safety, local certification,or other applicable compliance requirements. If SELLER'S offer contains a cancellation schedule, such schedule shall apply in lieu of the cancellation charges stated above. FOB Destination 3. DELIVERY: Delivery will be accomplished FGA SELLER's ER's deters,ino SFI I FR'c rlicrrratinn it%mill chin nnp gr DAR foreign port unless otherwise expressly agreed between the parties using Incoterms®2020r1�i,�f peer�nat of any reference to "prepay and add" the applicable Incoterms®2020 will be r,i sia`v� 'I'.'s doseFetier,, while any reference to"collect"will be deemed to be FCA under the 2020 Inco terms regardless of reference to reference to shipping point. In the event DDP or DAP is used for a transaction SELLER reserves the right to select the carrier and shipping mode. BUYER agrees to pay SELLER for any sales Trojan Technologies Group ULC 3020 Gore Road,London,Ontario, Canada, N5V 4T7 +1 519 457 3400 www.trojantechnologies.com TROJANUV ;ariaFILTRA dkAquafine °VIQUA. •• Page 1 of 11 tax, brokerage fees, or other costs incurred as a result of the shipping mode chosen by SELLER. Fer all W@Rts and P61PP9609 th@ FQ_l_R./FQD L@9al titl@ QPd risk of loss or damage pass to 13M4ER- SELLER will use commercially reasonable efforts to deliver the Products ordered herein within SELLER's normal lead-time necessary for SELLER to deliver the Products sold hereunder. Upon prior agreement with BUYER and for an additional charge paid by BUYER, SELLER will deliver the Products on an expedited basis. Parties may agree that the BUYER may accept partial deliveries of Products; if so, each delivery will constitute a separate sale, and BUYER shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Contract. Products will be boxed or crated as determined appropriate by SELLER for protection against normal handling and there will be an extra charge to the BUYER for additional packaging required by the BUYER with respect to waterproofing or other added protection. BUYER has sole responsibility for off- loading, storage and handling of the Products at the site. Where BUYER is responsible for any delay in the delivery date or installation date, the earlier of the date of delivery or the date on which the Products are ready for shipment by SELLER may be treated as the delivery date for purposes of determining the time of payment of the purchase price. Moreover, BUYER will be responsible for storage and insurance expenses with respect to such Products. Should BUYER fail to effect pick-up of Product as previously agreed in a timely manner, SELLER may, at its discretion, assess storage charges and a surcharge to the account of BUYER. 4. INSPECTION: BUYER will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products. In the event the Products do not conform to any applicable specifications, BUYER will promptly notify SELLER of such nonconformance in writing. SELLER will have a reasonable opportunity to repair or replace the nonconforming Product at its option. BUYER will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance for such Products unless a written notification pursuant to this paragraph is received by SELLER within fourteen (14) days of delivery to BUYER destination on order. 5. PRICES &ORDER SIZES: Prices do not include any charges for services such as insurance; brokerage fees; sales use, inventory, or excise taxes; import or export duties; special financing fees; value added tax, income, or royalty taxes imposed outside the U.S. or Canada; consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of Products. BUYER will either pay any and all such charges or provide SELLER with acceptable exemption certificates, which obligation survives performance under this Contract. Installation, maintenance and any other services which relate to the Products are not included unless specifically set forth in the offer. SELLER reserves the right to establish minimum order sizes and will advise BUYER accordingly. Any orders below the minimum order size are subject to a fee as set out by SELLER. If SELLER's delivery of Products surpasses one (1)year in length, except as otherwise agreed by SELLER, SELLER shall be entitled to (i) an increase in the purchase price of undelivered Products by an amount equal to the rate of increase in the Producers Price Index from the start date of this Contract; or(ii)terminate this Contract without penalty. 6. PAYMENTS: All payments must be made in agreed-to currency, normally Canadian or U.S. Dollars. Unless other payment terms are expressly set forth in the purchase order or otherwise Trojan Technologies Group ULC 3020 Gore Road, London, Ontario, Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJAN UV ;aria FI LTRA 11h Aq uafi ne V VIQUA. Page 2 of 11 required by the SELLER, invoices are due and payable NET 30 DAYS from date of the invoice, without regard to delays for inspection or transportation, with payments to be made by check to SELLER at the address listed in the purchase order or by bank transfer to the account obtainable from SELLER's Accounts Receivable Manager. In the event payments are not made or not made in a timely manner, SELLER may, in addition to all other remedies provided at law, either: (a) declare BUYER's performance in breach and terminate this Contract for default; (b)withhold future shipments until delinquent payments are made; (c)deliver future shipments on a cash-with- order or cash-in-advance basis even after the delinquency is cured; (d) Gh.Fg@ iRt—Pest Qn the 0 (e) repossess the Products for which payment has not been made; (f) pursue other collection efforts and recover all associated costs including reasonable attorney's fees; or(g) combine any of the above rights and remedies as is practicable and permitted by law. BUYER is prohibited from setting off any and all monies owed under this Contract from any other sums, whether liquidated or not, that are or may be due to the BUYER, which arise out of a different transaction with SELLER or any of its affiliates. Should BUYER's financial condition become unsatisfactory to SELLER in its discretion, SELLER may require payment in advance or other security. If BUYER fails to meet these requirements, SELLER may treat such failure as reasonable grounds for repudiation of this Contract, in which case reasonable cancellation charges shall be due to SELLER. BUYER hereby grants SELLER a security interest in the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds of the foregoing, to secure payment in full of all amounts to SELLER, which payment releases the security interest but only if such payment could not be considered an avoidable transfer under applicable laws. The security interest granted hereby constitutes a purchase money security interest under the applicable Uniform Commercial Code or Personal Property Security Act or other applicable law, and SELLER is authorized to make whatever registration or notification or take such other action as SELLER deems necessary or desirable to perfect such security interest. BUYER's insolvency, bankruptcy, assignment for the benefit of creditors, or dissolution or termination of the existence of BUYER, constitutes a default under this Contract and affords SELLER all of the remedies of a secured creditor under applicable law, as well as the remedies stated above for late payment or non-payment. 7. LIMITED WARRANTY: Unless specifically provided otherwise in SELLER's offer, SELLER provides the following Limited Warranty. SELLER warrants that Products sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer's operating and maintenance instructions, conform to any express written warranty pertaining to the specific goods purchased, which for Products is for a period of twelve (12) months from delivery. SELLER warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety (90) days from the completion of the services. Products repaired or replaced are not covered by any warranty except to the extent repaired or replaced by SELLER, an authorized representative of SELLER, or under specific instructions by SELLER, in which cases, the Products will be covered under warranty up to the end of the warranty period applicable to the original Products. The above warranties do not include the cost of shipping and handling of returned items. Parts provided by SELLER in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non- Trojan Technologies Group ULC 3020 Gore Road, London, Ontario, Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJAN uV ;aria FI LTRA 11h Aq uafi ne V VIQUA. Page 3 of 11 functioning parts that are repaired by SELLER shall become the property of SELLER. Except as included in SELLER'S offer, no warranties are extended to consumable items and for normal wear and tear. SELLER's special warranties may include additional limitations.All other guarantees,warranties,conditions and representations, either express or implied, whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. The sole remedy for Products not meeting this Limited Warranty is replacement, repair, credit or refund of the purchase price, as determined by SELLER in its sole discretion. This remedy will not be deemed to have failed of its essential purpose so long as SELLER is willing to provide such replacement, credit or refund. To make a warranty claim, BUYER must notify SELLER in writing within 5 days of discovery of the defect in question. This notification must include a description of the problem, a copy of the applicable operator's log, a copy of BUYER's maintenance record and any analytical results detailing the problem. Any warranty hereunder or performance guarantees shall only be enforceable if(a) all equipment is properly installed, inspected regularly, and is in good working order, (b)all operations are consistent with SELLER recommendations, (c) operating conditions at the installation site have not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances exist or arise. 8. INDEMNIFICATION: Indemnification applies to a party and to such party's successors-in-interest, assignees, affiliates, directors, officers, and employees ("Indemnified Parties"). SELLER is responsible for and will defend, indemnify and hold harmless the BUYER Indemnified Parties against all losses, claims, expenses or damages to the proportional extent caused by SELLER's breach of the Limited Warranty. To the extent permitted by Idaho law, BUYER is responsible for and will defend, indemnify and hold harmless SELLER Indemnified Parties against all losses, claims, expenses, or damages which may result from accident, injury, damage, or death due to the negligence or misuse or misapplication of any Products or the breach of any provision of this Contract by the BUYER or any third party affiliated or in privity with BUYER. 9. PATENT PROTECTION: SELLER shall further defend and indemnify BUYER Indemnitees from and against all Claims for actual infringement of all letters patent, trademarks, copyright or corresponding rights pertaining to goods provided under the Purchase Order, solely by reason of the sale or normal use of any goods sold to BUYER hereunder as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. patent. SELLER's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the goods according to their applications as envisioned by SELLER's specifications. In case the goods are in such suit held to constitute infringement and the use of the goods is enjoined, SELLER will, at its own expense and at its option, either procure for BUYER the right to continue using such goods or replace them with non-infringing products, or modify them so they become non-infringing, or remove the goods and refund the purchase price (prorated for depreciation)and the transportation costs thereof. The foregoing states the entire liability of SELLER for patent infringement by the goods. Further, to the extent permitted by Idaho law, and to the same extent as set forth in SELLER's above obligation to BUYER, BUYER agrees to defend, indemnify and hold harmless SELLER for patent infringement related to (x) any goods manufactured to the BUYER's design, (y)services provided in accordance with the BUYER's instructions, or(z) SELLER's goods when used in combination with any other devices, parts or software not provided by SELLER hereunder. Subject to all limitations of liability provided herein, SELLER will, with respect to any Products of SELLER's Trojan Technologies Group ULC 3020 Gore Road, London,Ontario,Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJANUV ;ariaFILTRA 4,Aquafine VVIQUA Page 4 of 11 design or manufacture, indemnify BUYER from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. or Canadian patent(or European patent for Products that SELLER sells to BUYER for end use in a member state of the E.U. or the U.K.)that has issued as of the delivery date, solely by reason of the sale or normal use of any Products sold to BUYER hereunder and from reasonable expenses incurred by BUYER in defense of such suit if SELLER does not undertake the defense thereof, provided that BUYER promptly notifies SELLER of such suit and offers SELLER either(i)full and exclusive control of the defense of such suit when Products of SELLER only are involved, or(ii) the right to participate in the defense of such suit when products other than those of SELLER are also involved. SELLER's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by SELLER's specifications. In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, SELLER will, at its own expense and at its option, either procure for BUYER the right to continue using such Products or replace them with non-infringing products, or modify them so they become non-infringing, or remove the Products and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of SELLER for patent infringement by the Products. Further, to the extent permitted by Idaho law,and to the same extent as set forth in SELLER's above obligation to BUYER, BUYER agrees to defend, indemnify and hold harmless SELLER for patent infringement related to (x) any goods manufactured to the BUYER's design, (y)services provided in accordance with the BUYER's instructions, or (z)SELLER's Products when used in combination with any other devices, parts or software not provided by SELLER hereunder. 10. TRADEMARKS AND OTHER LABELS: BUYER agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products, including without limitation the serial numbers or trademarks on nameplates or cast, molded or machined components. 11. SOFTWARE AND INTELLECTUAL PROPERTY: All licenses to SELLER's separately provided software products are subject to the separate software license agreement(s) accompanying the software media. In the absence of such express licenses and for all other software, SELLER grants BUYER only a personal, non-exclusive license to access and use the software provided by SELLER with Products purchased hereunder solely as necessary for BUYER to enjoy the benefit of the Products. A portion of the software may contain or consist of open source software, which BUYER may use under the terms and conditions of the specific license under which the open source software is distributed. BUYER agrees that it will be bound by all such license agreements. Title to software remains with the applicable licensor(s). All SELLER contributions to the Products,the results of the services, and any other work designed or provided by SELLER hereunder may contain or result in statutory and non-statutory Intellectual Property, including but not limited to patentable subject matter or trade secrets; and all such Intellectual Property remains the sole property of SELLER; and BUYER shall not disclose (except to the extent inherently necessary during any resale of Product sold hereunder), disassemble, decompile, or any results of the Services, or any Products, or otherwise attempt to learn the underlying processes, source code, structure, algorithms, or ideas. Trojan Technologies Group ULC 3020 Gore Road, London,Ontario,Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJAN UV ;_ariaFILTRA 1�Aquafine V VIQUA. • Page 5 of 11 12. PROPRIETARY INFORMATION AND PRIVACY: "Proprietary Information" means any information, technical data, or know-how in whatever form, whether documented, contained in machine readable or physical components, mask works or artwork, or otherwise, which SELLER considers proprietary, including but not limited to service and maintenance manuals.To the extent permitted by the Idaho Public Records Act, BUYER and its customers, employees, and agents will keep confidential all such Proprietary Information obtained directly or indirectly from SELLER and will not transfer or disclose it without SELLER's prior written consent, or use it for the manufacture, procurement, servicing, or calibration of Products or any similar products, or cause such products to be manufactured, serviced, or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All such Proprietary Information remains SELLER's property. No right or license is granted to BUYER or its customers, employees or agents, expressly or by implication, with respect to the Proprietary Information or any patent right or other proprietary right of SELLER, except for the limited use licenses implied by law. In respect of personal data supplied by BUYER to SELLER, BUYER warrants that is duly authorized to submit and disclose these data, including but not limited to obtaining data subjects" informed consent. SELLER will manage BUYER's information and personal data in accordance with its Privacy Policy, a copy of which is available to BUYER upon request. In respect of other data and information that SELLER may receive in connection with BUYER's use of the Products including without limitation data that are captured by the Products and transmitted to SELLER, BUYER hereby grants SELLER a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, compile, distribute, display, store, process,reproduce, or create derivative works of such data as needed for Product operation and maintenance, and to aggregate such data for use in an anonymous manner, solely to facilitate marketing, sales and R&D activities of SELLER and its affiliates. 13. SPECIAL TOOLS, DIES, JIGS, FIXTURES AND PATTERNS: Any tools, dies,jigs, fixtures, patterns and similar items which are included or required in connection with the manufacture and/ or supply of the Products will remain the property of SELLER without credit to the BUYER. SELLER assumes the cost for maintenance and replacement of such items and shall have the right to discard and scrap any such item after it has been inactive for a minimum of one year, without credit to the BUYER. 14. CHANGES AND ADDITIONAL CHARGES: SELLER reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to Products ordered by BUYER unless agreed upon in writing before the Products' delivery date. 15. SITE ACCESS/ PREPARATION /WORKER SAFETY/ ENVIRONMENTAL COMPLIANCE: In connection with services provided by SELLER, BUYER agrees to permit prompt access to equipment. BUYER assumes full responsibility to back-up or otherwise protect its data against loss, damage or destruction before services are performed. BUYER is the operator and in full control of its premises, including those areas where SELLER employees or contractors are performing service, repair, and maintenance activities. BUYER will ensure that all necessary measures are taken for safety and security of working conditions, sites, and installations during the performance of any services. BUYER is the generator of any resulting wastes, including without limitation hazardous wastes. BUYER is solely responsible to arrange for the disposal of any wastes at its own expense. BUYER will, at its own expense, provide SELLER employees and i rojan i ecnnologles Group ULU ,020 Gore Road, London,Ontario, Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJANUV ;ariaFILTRA ItAquafine vVIQUA Page 6 of 11 contractors working on BUYER's premises with all information and training required under applicable safety compliance regulations and BUYER's policies. SELLER has no responsibility for the supervision or actions of BUYER's employees or contractors or for non-SELLER items (e.g., chemicals, equipment) and disclaims all liability and responsibility for any loss or damage that may be suffered as a result of such actions or items, or any other actions or items not under SELLER's control. 16. LIMITATIONS ON USE: BUYER will not use any Products for any purpose other than those identified in SELLER's catalogs and literature as intended uses. Unless SELLER has advised the BUYER in writing, in no event will BUYER use any Products in drugs, food additives, food, or cosmetics, or medical applications for humans or animals. In no event will BUYER use in any application any Product that requires FDA 510(k) clearance unless and only to the extent the Product has such clearance. BUYER will not sell, transfer, export, or re-export any SELLER Products or technology for use in activities which involve the design, development, production, use, or stockpiling of nuclear, chemical, or biological weapons or missiles, nor use SELLER Products or technology in any facility which engages in activities relating to such weapons. Unless the"ship-to" address is in California, U.S.A., the Products are not intended for sale in California and may lack markings required by California Proposition 65; accordingly, unless BUYER has ordered Products specifying a California ship-to address, BUYER will not sell or deliver any SELLER Products for use in California. Any warranty granted by SELLER is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 17. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise expressly agreed, BUYER is responsible for obtaining any required export or import licenses necessary for Product delivery. BUYER will comply with all laws and regulations applicable to the installation or use of all Product, including applicable import and export control laws and regulations of the U.S., E.U., and any other country having proper jurisdiction, and will obtain all necessary export or import licenses in connection with any subsequent export, re-export, transfer, and use of all Product and technology delivered hereunder. BUYER will not sell, transfer, export, or re-export any SELLER Product or technology for use in activities which involve the design, development, production, use or stockpiling of nuclear, chemical, or biological weapons or missiles, nor use SELLER Product or technology in any facility which engages in activities relating to such weapons. BUYER will comply with all local, national, and other laws of all jurisdictions globally relating to anti-corruption, bribery, extortion, kickbacks, or similar matters which are applicable to BUYER's business activities in connection with this Contract, including but not limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the "FCPA"). BUYER agrees that no payment of money or provision of anything of value will be offered, promised, paid, or transferred, directly or indirectly, by any person or entity, to any government official, government employee, or employee of any company owned in part by a government, political party, political party official, or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for BUYER or for SELLER, or which otherwise constitute or have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks, or other unlawful or improper means of obtaining business or any improper advantage, with respect to any of BUYER's activities related to this Contract. SELLER asks BUYER to "Speak Up!" if aware of any violation of law, regulation, or our Code of Conduct ("CoC") in relation Trojan Technologies Group ULC 3020 Gore Road, London,Ontario, Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJANUV ;ariaFILTRA ILAquafine 'VIQUA. Page 7 of 11 to this Contract. See https://www.veraltointegritV.com and https://www.veraIto.com/integritV- compliance for a copy of the CoC and for access to our Helpline portal. 18. RELATIONSHIP OF PARTIES: BUYER is not an agent or representative of SELLER and will not present itself as such under any circumstances, unless and to the extent it has been formally screened by SELLER's compliance department and received a separate duly-authorized letter from SELLER setting forth the scope and limitations of such authorization. 19. FORCE MAJEURE: SELLER is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control, including but not limited to Government embargoes, blockages, seizures or freezing of assets, delays, or refusals to grant an export or import license, or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; epidemics and pandemics; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to SELLER by third parties. In the event of the existence of any force majeure circumstances, the period of time for delivery, payment terms, and payments under any letters of credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, SELLER may, at its option, terminate this Contract without penalty and without being deemed in default or in breach thereof. 20. NON-ASSIGNMENT AND WAIVER: BUYER will not transfer or assign this Contract or any rights or interests hereunder without SELLER's prior written consent. Failure of either party to insist upon strict performance of any provision of this Contract, or to exercise any right or privilege contained herein, or the waiver of any breach of the terms or conditions of this Contract, will not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same will continue and remain in force and effect as if no waiver had occurred. 21. FUNDS TRANSFERS: BUYER and SELLER both recognize that there is a risk of banking fraud when individuals impersonating a business demand payment under new mailing or banking transfer instructions. To avoid this risk, BUYER must verbally confirm any new or changed mailing or banking transfer instructions by calling SELLER and speaking with SELLER's Accounts Receivable Manager before transferring any monies using the new instructions. Both parties agree that they will not institute mailing or banking transfer instruction changes and require immediate payment under the new instructions, but will instead provide a ten (10) day grace period to verify any mailing or banking transfer instruction changes before any new or outstanding payments are due using the new instructions. 22. LIMITATION OF LIABILITY: None of SELLER, its successors-in-interest, assignees, affiliates, directors, officers, and employees will be liable to any BUYER Indemnified Parties under any circumstances for any special, treble, incidental, or consequential damages, including without limitation, damage to or loss of property other than for the Products purchased hereunder; damages incurred in installation, repair, or replacement; lost profits, revenue, or opportunity; loss of use; losses resulting from or related to downtime of the Products or inaccurate measurements or reporting; the cost of substitute products; or claims of any of BUYER's Indemnified Parties' customers for such damages, howsoever caused, and whether based on warranty, contract, Trojan Technologies Group ULC 3020 Gore Road, London, Ontario, Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJAN UV ;aria FI LTRA 11h Aq uafi ne V VIQUA. Page 8 of 11 and/or tort (including negligence, strict liability or otherwise). The total liability of SELLER, its successors-in-interest, assignees, affiliates, directors, officers, and employees arising out of the performance or nonperformance hereunder, or SELLER's obligations in connection with the design, manufacture, sale, delivery, and/or use of Products, will in no circumstance exceed the amount actually paid to SELLER for Products delivered hereunder. 23. APPLICABLE LAW AND DISPUTE RESOLUTION: All issues relating to the construction, validity, interpretation, enforcement, and performance of this agreement and the rights d obligations of SELLER and the B YER re nder shall be governed by the laws of thePrOVIAGe tate of Idaho e 9 e and the federal laws of itle applicable therein; provided that if&�LER is Trojan Technologies Corp., then the applicable governing laws shall be the State of and the applicable federal laws therein. Any provisions of the International Sale of Goods Act or any convention on contracts for the international sale of goods shall not be applicable to this agreeme�p .ae )hn oies submit to and consent to the non-exclusive jurisdiction of courts located in the ; provided that if SELLER is Trojan Technologies Corp., then the pa�j'e� submit to and consent to the non-exclusive jurisdiction of courts located in the State of New Yom.° 24. ENTIRE AGREEMENT & MODIFICATION: These Terms & Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations, whether oral or written. Upon thirty (30) days prior written notice, SELLER may, in its sole discretion, elect to terminate any order for the sale of Products and provide a pro-rated refund for any pre-payment of undelivered Products. No change to or modification of these Terms & Conditions shall be binding upon SELLER unless in a written instrument specifically referencing that it is amending these Terms & Conditions of Sale and signed by an authorized representative of SELLER. SELLER rejects any additional or inconsistent Terms & Conditions of Sale offered by BUYER at any time, whether or not such terms or conditions materially alter the Terms & Conditions herein and irrespective of SELLER's acceptance of BUYER's order for the described goods and services. TERMS AND CONDITIONS COVERING SALES OF CONFIGURED-TO- ORDER PROJECTS AND SYSTEMS In addition to all terms and conditions above, unless otherwise addressed as part of SELLER's offer, the following sections apply to sales of Configured-to-Order Projects, Systems, and the like: 101. PAYMENT. 101.1 Payments will be made per the schedule of payment events set forth in SELLER's offer; provided that if the Start-Up Date (as defined below) is less than 30 days after the Delivery Date, 90% of the purchase price is due before the Start-Up Date. 101.2. In the event that achievement of a scheduled payment event is delayed or suspended due to the BUYER's convenience or other reasons for which the BUYER or its representatives is responsible, such payment event will be deemed to have occurred and SELLER shall be entitled to invoice BUYER as if achievement of such payment event had been achieved. In such circumstances, BUYER must notify Trojan Technologies Group ULC 3020 Gore Road, London, Ontario, Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJAN uV ;aria FI LTRA 11h Aq uafi ne V VIQUA. Page 9 of 11 SELLER in writing of the reasons for the delay and anticipated duration of the delay. SELLER will mark the Products (or parts thereof) as the BUYER's property and BUYER shall make arrangements for a third party to store the Products at BUYER's cost. 102. DELIVERY 102.1 SELLER will request the BUYER to provide a firm date for delivery of the Products to the project site (the "Delivery Date")which SELLER will then use to establish the production schedule for the Products. The Delivery Date will then be binding on the BUYER except for any changes made in accordance with the provisions below. 102.2 SELLER reserves the right to reschedule the Delivery Date to a date prior to or subsequent to the scheduled Delivery Date in order to accommodate its shipping, production or other requirements. This right to reschedule will be applicable unless otherwise agreed to in writing by an authorized officer of SELLER. SELLER will provide the BUYER or its representative with a minimum of 24 hours' notice of any such rescheduling. 102.3 Where any change to the Delivery Date is made at BUYER's request and upon SELLER's agreement, for all purposes with respect to the warranty and payment requirements provided by SELLER in connection with the Products, the initial Delivery Date will be deemed to be the Delivery Date regardless of any change later made to the Delivery Date. 103. ACCEPTANCE 103.1 During the period between the Delivery Date and the Start-up Date, the BUYER shall prepare the Products and the project site for installation and start-up and, unless otherwise agreed in writing by an authorized representative of SELLER, shall complete acceptance testing with respect to the Products. The Products shall be deemed to be accepted on the earliest to occur of the following dates (the "Acceptance Date"): (a)that date on which the Products can function in either manual or automatic operation and provide treatment in accordance with criteria specified in the Quotation, or(b)60 days after the Delivery Date. 103.2 All amounts which remain owing by the BUYER for the Products, including any amount which is specified to be payable on the Acceptance Date, will be paid by the BUYER to SELLER within 30 days after the Acceptance Date, unless otherwise agreed in writing by an authorized representative of SELLER. 103.3 Written notification must be given by the BUYER to SELLER within seven days after the Acceptance Date listing any outstanding deficiencies with respect to the Products and SELLER will use all reasonable efforts to correct such deficiencies promptly. 104. START-UP 104.1 SELLER will request a firm date for start-up of the Equipment (the"Start-Up Date"). Trojan will then schedule its technician to be on-site for the Start-up Date. The Start-up Date is binding except for any changes made in accordance with the provisions below. Trojan Technologies Group ULC 3020 Gore Road, London,Ontario,Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJANIlV* ;ariaFILTRA I&Aquafine' vVIQUA. .. Page 10 of 11 104.2 On the Start-up Date, BUYER must have the Equipment and site ready as provided in the Installation Preparation Checklist contained in the Contractor Installation Package sent to BUYER and must have paid all amounts then due and payable to SELLER. 104.3 BUYER can request a rescheduling of the Start-up Date by notifying SELLER in writing not less than three weeks prior to the Start-up Date. BUYER may request that the Start-up Date be extended but may not request that the Start-up Date be moved forward. SELLER requires a minimum extension period of two weeks between the existing Start-up Date and the requested new Start-up Date in order to reschedule its technician. 104.4 SELLER may, in its sole discretion, agree to reschedule the Start-up Date where a BUYER requests less than a two-week extension but is under no obligation to do so. In the event that SELLER does agree to less than a two-week extension or that BUYER requests more than two changes to the Start-up Date, BUYER will be charged an administration fee in an amount determined by SELLER. 104.5 SELLER reserves the right to reschedule the Start-up Date to a date which is prior to or subsequent to the scheduled Start-up Date in order to accommodate its resource availability.This right to reschedule will be applicable unless otherwise agreed in writing by an authorized officer of SELLER. SELLER will provide BUYER or its representative with a minimum of 72 hours' notice of any such change to the Start-up Date. 104.6 In the event that SELLER'S technician arrives at the project site and finds that the Equipment or the project site is not ready for start-up as defined in the Contractor Installation Package, or any amounts then due and payable to SELLER remain unpaid, BUYER may either: (a) provided all amounts then due and payable to SELLER have been paid, issue a purchase order for all costs involved in having SELLER correct the deficiencies, or (b) have SELLER'S technician leave the site and then reschedule the Start-up Date to a date when all deficiencies will be corrected, and the Equipment will be ready for start-up as defined in the Contractor Installation Package. If BUYER selects this option, the cost of rescheduling will be not less than a minimum amount specified by SELLER, with the final cost being determined by SELLER based on its costs and expenses incurred in connection with the rescheduling. Certifications: 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. Rev. March 15, 2024 Trojan Technologies Group ULC 3020 Gore Road,London,Ontario,Canada, N5V 4T7 +1 (519)457-3400 www.trojantechnologies.com TROJANUV ;aria!=ILTRA 4,Aquafine VVIQUA Page 11 of 11 TROJAN UY 04/09/2024 Greg Henson City of Meridian I Public Works Department-Wastewater Division 3401 Ten Mile Road Meridian, Idaho 83646 RE:Trojan UV3000 Plus System Replacement Parts Dear Mr. Henson: In the Engineered Submittal Package for the Trojan UV3000Plus System,Trojan provided an equipment performance guarantee stating that those systems will meet the required level of disinfection provided that the systems are operated and maintained in accordance with recommendations made by Trojan Technologies. For this equipment guarantee to be maintained, it is imperative that the appropriate components and replacement parts be used in those systems. There are key replacement parts and system components that directly influence the performance and reliability of each system. Among these critical replacement parts are the UV lamps, electronic ballasts, wiper components and printed circuitry. Without using these critical replacement parts that are approved and validated by Trojan Technologies, we cannot guarantee that those systems will provide the required germicidal output. In order to keep the equipment performance guarantee intact, it is recommended that specialized system components be purchased directly from Trojan Technologies.Trojan purchases only validated system components (lamps, ballasts etc.) from our suppliers and only those components meeting our performance standards are passed on to the customer. If you have any questions regarding this matter or require any additional information, please do not hesitate to contact me. Best regards, H elm Gave-� Heather Conine Regional Account Manager TROJAN TECHNOLOGIES (760) 648-3289 mobile hconine@trojantechnologies.com TrojanUV-A Division of Trojan Technologies Group ULC 3020 Gore Road,London,Ontario,Canada N5V 4T7 T 519.457.3400 F 519.457.3030 www.trojanuv.com Confidential-Company Proprietary E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional services agreement renewal between the City of Meridian and Emergency Responders Health Center. PROFESSIONAL SERVICES AGREEMENT FOR COMPREHENSIVE OCCUPATIONAL MEDICAL EVALUATIONS—FY 2025 This PROFESSIONAL SERVICES AGREEMENT for COMPREHENSIVE OCCUPATIONAL MEDICAL EVALUATIONS ("Agreement") is made this 28th I day of May, 2024 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), 33 East Broadway Avenue, Meridian, Idaho, 83642, and Emergency Responders Health Center, LLC ("Contractor"), whose business address is 9976 West Emerald Street, Boise, Idaho, 83704 (collectively described as the "Parties"). INTRODUCTION WHEREAS, the City has a need for a Medical Practice directed by a Board-Certified Physician to administer its Comprehensive Occupational Medical Evaluations on behalf of its fire service members; and WHEREAS,the Contractor is owned and directed by a Board-Certified Physician who is knowledgeable and familiar with Fire Service, Comprehensive Occupational Medical Evaluations, Medical Education, Confidentiality, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and Other "Firefighter Wellness" Program Review and Oversight; and WHEREAS,the Contractor is specially trained, experienced, certified, licensed and competent to perform and has agreed to provide such services by qualified, licensed medical personnel; and WHEREAS, the Parties wish to enter into this agreement which would allow the City to avail itself of Contractor's professional knowledge and expertise to administer its Comprehensive Medical Evaluations, under the Contractor's proprietary "Annual Wellness Exam" protocols, and offer other services specifically related to patient healthcare, patient health education, and Workforce Wellness consultation on behalf of the Meridian Fire Department; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the Parties agree as follows: TERMS & CONDITIONS 1. Scone of Services 1.1 Contractor shall perform and furnish to the City upon execution of this Agreement all services, and comply in all respects, as specified in the document titled "Annual Wellness Exam protocol," a copy of which is attached hereto as Attachment A, and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the Parties. Contractor shall provide all services on a non-exclusive basis, and City maintains its ability to retain other contractors for same or similar services at the City's sole discretion. PSA—Board Certified Physician Services Page 1 of 9 1.2 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions, and all applicable National Fire Protection Association (NFPA-1582) Standards. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 1.3 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner. 2. Consideration 2.1 The Contractor shall be compensated on a per-exam or other per-unit-of-service basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof Additionally, any professional services inclusive of Workforce Wellness medical consultation and/or research supplied to department administrators shall be billed at the hourly rate as provided in Attachment B. Such services will be performed only at the request of the Fire Chief. 2.2 The Contractor shall provide the City with a billing statement, as services warrant, of fees earned and costs incurred for services provided, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor and its employees shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type. 3. Time of Performance This agreement shall become effective on October 1, 2024, and shall expire September 30, 2025. This Agreement shall renew annually on October 1 st for a 12-month period, or unless sooner terminated by either party. 4. Independent Contractor 4.1 In all matters pertaining to this agreement, Contractor shall act as an independent contractor, and neither Contractor nor any officer, employee, or agent of Contractor will be deemed an employee of the City. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. Selection and designation of the personnel of the City in the performance of this Agreement shall be made by the City. PSA—Board Certified Physician Services Page 2 of 9 4.2 The Contractor shall determine the method, details and means of performing the work and services to be provided by the Contractor under this Agreement. The Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Contractor in fulfillment of this Agreement. 5. Indemnification and Insurance 5.1 The Contractor shall indemnify and save and hold harmless the City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of City or its employees. 5.2 Contractor shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follows; General Liability - One Million Dollars ($1,000,000) per incident or occurrence; Professional Liability/Professional Errors and Omissions - One Million Dollars ($1,000,000) aggregate; and Workers' Compensation Insurance in the statutory minimum as required by law. 5.3 The City shall be named an additional insured on the General Liability policy. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless the City; and if the City becomes liable for an amount in excess of the insurance limits, herein provided, the Contractor covenants and agrees to indemnify and save and hold harmless the City from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. 5.4 Contractor shall provide the City with Certificates of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10)days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City of Meridian with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. PSA—Board Certified Physician Services Page 3 of 9 6. Notices Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Emergency Responders Health Center, LLC Attn: City Clerk Attn: Nathan Bodily, Clinic Director 33 E. Broadway Ave. 9976 W. Emerald St. Meridian, ID 83642 Boise, ID 83704 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. 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 attorneys' 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. 8. 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 party so failing to perform. 9. Assignment It is expressly agreed and understood by the Parties hereto, that the Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of the City. 10. Discrimination Prohibited In performing the Services required herein, the Contractor shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information 11.1 At such times and in such forms as the City may require,there shall be furnished to the City such financial statements, records, reports, data and information as the City may request pertaining to the billing matters covered by this Agreement. PSA—Board Certified Physician Services Page 4 of 9 11.2 Contractor shall maintain all financial records prepared or compiled in connection with the performance of this Agreement for a minimum of four(4)years from the termination or completion of this or Agreement. 12. Audits and Inspections Upon reasonable advance request, there shall be made available to the City for examination all of Contractor's billing records with respect to all matters covered by this Agreement. The right to audit and inspect shall not include any records protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 13. Compliance with Laws In performing the scope of services required hereunder, the Contractor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 14. Changes The City may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments to this Agreement. 15. Termination If, through any cause, the Contractor, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, knowingly falsifies any record or document required to be prepared under this agreement, knowingly engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of City,the City shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to Contractor of such termination and specifying the effective date thereof at least sixty (60)days before the effective date of such termination. The Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, the Contractor shall be entitled to receive just compensation for any work satisfactorily completed hereunder. 16. Construction and Severabilitv If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. PSA- Board Certified Physician Services Page 5 of 9 17. Advice of Attorney " Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek, or waive, such advice. 18. Entire Agreement This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 19. Public Records Act Pursuant to Idaho Code Sections 74401, et'seq., all billing information and financial documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Parties acknowledge that records protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) are exempt from public disclosure under Idaho Code section 74-104(1)(a). 20. Applicable Law This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. 21. Approval Required This Agreement shall not become effective or binding until approved by the City of Meridian and by Emergency Responders Health Center. EMERGENC—YR SPONDERS HEALTH CENTER: By: Z Date: Rob Hilvers, MD edic4I Director ED AU CITY OF MERIDIAN �o�' ✓1 ? (11y'of E IDIAN _ IIDAHO By: , Date: "J,r, 2V Robei E. Simi on 11 M yor ATTEST � � -' �yr�R�rthe TREPSJ��, f` By: is Jo o ity Clerk PSA—Board Certified Physician Services Page 6 of 9 Attachment A ERHC ANNUAL WELLNESS EXAM PROTOCOL FIREFIGHTERS Medical History • Medical &Surgical History Sample form available upon request • Allergies • Family History • Exposure History • Reproductive History • Mental Health/Stress Screening Sample form available,upon request Complete Physical Examination • Vital Signs • Audiology Screening(full sound booth) Bilateral—500Hz; 10001­1z;2000Hz;3000Hz;4000 Hz;6000Hz;and 8000Hz Ophthalmologic Screening Computerized vision testing(entry-level/baseline):Titmus Vision Screener/TNO Occupational Slides Right and left acuity, binocular acuity,depth perception,color perception,vertical/lateral phoria Snellen eye chart vision testing • Body Composition Analysis rnBody 770 analysis Abdominal circumference • Comprehensive Physical Examination Performed by ERHC's board-certified family and/or sports medicine physicians(or Nurse Practitioner under their supervision) Option to choose between male or female medical provider,whenever possible Laboratory Profile ERHC performs a complete laboratory blood profile and urinalysis in accordance with the following schedule: Pre-Employment Wellness Exams NEW PATIENTS BASELINE • CBC, Comprehensive Metabolic Profile,and Fasting Lipid Profile • Urinalysis(specific gravity, protein,glucose and occult blood) • Hemoglobin A1c • PSA(males age>! 50;earlier if risk factors) • Infectious Disease Panel with TB screening(entry-level/new patients and upon request). See table below for full labs provided: Infectious Disease Screening • Hepatitis 8 Titer Initial; reissued following any booster immunizations • Hepatitis C Virus Screen Baseline;then annual upon request • Confidential HIV Screening Baseline; then annual upon request • Tuberculosis Screen' Baseline; QF Gold serum (blood)test; upon request2 1 Note:The Idaho Department of Health and Welfare does not recommend routine TB screening,per low Idaho prevalence rates.However,ERHC readily complies with department requests related to infectious disease screening. Z Annual PPD skin test is also available upon request;repeated QF Gold serum testing available for concerning symptoms or new exposures. PSA Board Certified Physician Services Page 7 of 9 Pulmonary(Lung) Function Testing • Annual Spirometry FVC(forced vital capacity);FEV1(forced expiratory volume in 1 second);FVC/FEVI ratio Radiology Screening • Chest X-ray(PA and lateral views). Performed on entry-level/baseline and based on NFPA 1582 guidelines. Includes Professional Radiology Interpretation(Gem State Radiology) EKG/Cardiac Stress Testing • Annual 12-lead resting EKG • Exercise Cardiac Stress Test(treadmill or cycle/ergotron) Performed on entry-level/baseline, and on all established members based on age stratification: Age a 40:Annually Age 30-39. Every 2 years Age 20-29:Every 3 years Immunizations ERHC monitors all patients for updated immunization profiles,and offers a range of immunizations and infectious disease screenings, during(a) new recruit(baseline) exams and (b)subsequent Wellness Exams. Immunizations are invoiced through personal insurance(typically covered at 100%). • Seasonal Influenza (quadrivalent A/B) Seasonal • Hepatitis B Virus Vaccine and Titers 3-dose series • Hepatitis A Virus Vaccine 2-dose series • Tetanus/Diphtheria Vaccine Tdap(Tetanus,Diphtheria,Pertussis) 10-year booster • Measles, Mumps, Rubella Vaccine (MMR) 2 adult boosters • Polio Vaccine If previously unvaccinated • COVID-19 Annual booster • Shingles 2-dose series (indicated age Z 50) Individual Metabolic&Risk Analysis Report • Detailed "Health Dashboard" Report Proprietary'Emergency Responders Metabolic Syndrome'score Comparison across years and by aggregated profession 'Doctors Notes'outlining details of medical evaluation,risk level,and wellness counseling Medical Referrals • To specialists and facilities(based on medical history and examination) • To in-clinic or outside physical therapy for musculoskeletal rehabilitation (as indicated) • To in-clinic or outside nutrition counseling(for weight management or other concerns) • To in-clinic or outside mental health professional (per request or for concerning emotional or behavior health concerns) Medical Clearances Sample form available upon request • Confidential Medical Clearance document issued to Department Chief or Health&Safety Officer (Upon request and with patient consent.) PSA Board Certified Physician Services Page 8 of 9 Attachment B PAYMENT SCHEDULE The amount to be paid for each service performed by the Contractor shall be as follows: Period — + •� October 1, 2024—December 30, 2024 January 1, 2025—September 30, 2026 Annual Wellness $915 $960 Exam, Fire Personnel Return-to- $250/hour $250/hour Work/Fitness-for- Duty Exam Mental Health Check- $135/visit $145/visit In Session Period October 1,2024—September 30,2026 Workforce Wellness $300/hour Professional Services L-Consulting ,l PSA Board Certified Physician Services Page 9 of 9 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Fire, Division Chief Michael Warmuth Meeting Date: May, 28 2024 Presenter: Chief Kristopher Blume Estimated Time: 3 minutes Topic: Emergency Health Responders Clinic Contract Renewal Recommended Council Action: Review and approva contract renewal. Effective date is October 1,2024 and expires September 30, 2025. Background: Per the Contract Labor Agreement (CLA) between the Meridian Firefighters I.A.F.F Local4627 and the City of Meridian,via Article 26,the City has agreed to budget for and provide physicals to employees required to respond to an incident, every two (2) years. The contracted physician identified in the CLA is Emergency Responders Health Clinic (ERHC). If there are changes in terms or prices, a new contract needs to be created, reviewed and agreed upon by both the City and ERHC. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Agreement for PSTC AV Upgrades to AVI Systems, Inc. for the Not- To-Exceed amount of$129,572.00 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Procurement Division Meeting Date: May 28, 2024 Presenter: Keith Watts, Procurement Manager Estimated Time: Consent Topic: Approve Agreement for PSTC AV Upgrades to AVI Systems, Inc. for the Not-To- Exceed amount of$129,572.00 Recommended Council Action: Approve Agreement for PSTC AV Upgrades to AVI Systems, Inc. for the Not-To-Exceed amount of $129,572.00 Background: City Legal has been involved in contract language negotiation and has reviewed and approved this final agreement. C E I�I D I �W, .OPP— Public Safety Training Center Proposal # 1248045 5/3/2024 Prepared for: Jared Day City of Meridian 33 E Broadway Ave Meridian, ID 83642 40 Prepared By: Greg Bridges Executive Account Manager 12586 W. Bridger St. I STE100 Boise, ID 83713 greg.bridf?es(i ,avisystems.com Printed an March 13,2024 Page 1 of 15 1248405 Jared Day City of Meridian 33 E Broadway Ave Meridian, ID 83642 RE: Public Safety Training Center Hello Mr. Day, AVI Systems is pleased to submit the following budgetary proposal to provide a video solution for your office. We thank you for the opportunity to provide our recommendations for your important meeting spaces. AVI Systems specializes in design build audio-visual sales and system integration worldwide. We partner with our customers for the common goal of on-time and on-budget projects, both large and small. Our staff provides audio-visual system design, consultation, installation, control system programming, and post- installation service support. PROVEN PRCC=.SS AVI Systems brings over 48 years of business to the Audio-Visual space, providing services in over 27 regions in North America and in 150 cities globally. We stand behind our company's services, quality solutions, and customer orientation, and have pledged to uphold a strict code of ethics and workmanship practices which we integrate into our daily routine. In this highly technical and complex arena, hiring knowledgeable AV professionals fosters a productive, efficient, and effective project experience, mitigating problems and budget overruns. AVI Systems offers assurance of our staff's expertise and provides customers confidence that their job will be undertaken and completed in the most professional way possible. Regards, Greg Bridges Executive Account Manager 12586 W. Bridger St. I STE100 Boise, ID 83713 re .brid es avis stems.com Printed on March 13,2024 Page 2 of 15 1248405 Retail Sales Agreement to Reference Number: 1248405 Date: March 13,2024 Prepared For: City of Meridian Meridian Public Safety Training Center-AV Refresh-Update Attn: Jared Day TIPS Contract Number: 230105 Prepared By- Gregory Bridges AVI Systems Inc. Phone 208.891.4561 12586 W Bridger St. Suite 100, Boise, ID 83713 Email: greg.bridges@avisystems.com Phone: (208)426-8238 Fax: INVOICE TO SITE Attn: Jared Day Attn- City of Meridian Meridian Public Safety Training Center 33 E Broadway Ave 1223 East Watertower Street Meridian, ID 83642 Meridian. ID 83642 Phone: (208)846-7352 Phone: Email jday@meridiancity.org Email. Customer Number: COM0057 COMMENTS This revised(v2)quote addresses the following changes discussed at on-site meeting 315. Auditorium Add a presenter facing USB camera for dedicated PC Reduce to a single(1)Digital Media HDMI wall plate input Divisible Room AlB Keep primary projector orientation the same as currently used in Room A Abandonlremove secondary projector functionality in Room A Add a presenter facing USB camera in Room A for dedicated PC Install a single 98"display in Room B Abandon/remove projectors in Room B Simulation Room Install a single 85"display at front of room Reuse existing surface mounted speakers Add a presenter facing USB camera connected to dedicated room PC Add Air Media to support wireless presentation Add Keypad for AV controls Add ceiling mic and DSP for PC based Teams Meetings Mat Room Reduce cost and value engineer room to HDMI wall plate input and Air Media wireless presentation. - Add Keypad for AV controls PRODUCTS AND SERVICES SUMMARY Equipment $88.412.00 Integration $41,160.00 PRO Support $8,895.00 Shipping& Handling $3,500 00 Tax $0.00 Grand Total $141,967.00 Printed on March 13,2024 Page 3 of 15 1248405 Unless otherwise specified. The prices quoted reflect a discount for a cash payment(i e , check,wire transfer) made by Customer in full within the time stated for payment on each invoice Discount only applies to new items included on the invoice, and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge The prices are valid for 15 days and may be locked in by signing this Retail Sales Agreement Overdue balances are subject to a finance charge of 1.5%per month, or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVI's costs of collection, including its attorneys' fees INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of ACH. Payment must be remitted by stated method. To the extent Customer seeks to use of any payment methods other than stated. and that payment method results in an increased transaction cost to AVI, the new payment must be approved in writing, and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment method Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing. and invoices for equipment and services allocated to the contract on a monthly basis. Unless otherwise specified, all items quoted (goods and services)as well as applicable out of pocket expenses(permits, licenses, shipping, etc)are invoiced in summary(including applicable sales taxes due for each category of invoiced items). Customer is to make payments to the following "Remit to"address: AVI Systems PO Box 842607 Kansas City, MO 64184-2607 Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearinghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to Customer. A monthly summary of detailed equipment received is available upon request Equipment received may be different than equipment billed based on agreed billing method. TAXES AND DELIVERY Unless stated otherwise in the Products and Services Summary above, AVI will add and include all applicable taxes, permit fees, license fees, and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s)and/or service(s)are provided. Unless Customer provides a valid tax exemption certificate for any tax exemption(s) claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax credittrefund from the applicable taxing authority. AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI When duly executed and returned to AVI,AVI's Credit Department will check Customer's credit and approve the terms. After approval by AVI's Credit Department and signature by AVI,this Retail Sales Agreement will,together with the AVI General Terms&Conditions attached herein form a binding agreement between Customer and AVI (This Retail Sales Agreement and the AVI General Terms& Conditions of Sale(the T&Cs)are referred to collectively as the Agreement) If not defined in this Agreement, all capitalized terms shall have the meaning given to them in the T&Cs. Should AVI's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercial terms, AV] reserves the right to terminate the Agreement without cause and without penalty to AVI. "Certifications. See last page for details. AGREED AND ACCEPTED BY AVI Systems, Inc. Company Company Z±Lhad Tvfwaw(ei- vl Fn,a ncr M.,c,&.'I-I.','1^.- Signature Signature Michael Fornander Printed Name Printed Name May 6, 2024 Date Date Printed on March 13.2024 Page 4 of 15 1248405 CONFIDENTIAL INFORMATION The company listed in the"Prepared For'line has requested this confidential price quotation, and shall be deemed"Confidential Information"as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private use of the customer identified above Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this confidentiality provision. if you are not the intended recipient of this quote(i.e.. the customer), you are not properly in possession of this document and you should immediately destroy all copies of it. PRODUCTS AND SERVICES DETAIL PRODUCTS: Model# Mfa Description gty MSRP Price Extended Divisible AB DMPS3-4K-350-C CRESTRON 3-Series 4K Digital Media Presentation 1 $12,100.00 $8,452.21 $8,452.21 System 350 PW-5430DUS CRESTRON High-Efficiency Power Pack 1 $330.00 $242 65 $242.65 DM-RMC-4KZ-100-C CRESTRON Digital Media 8G+4K60 4AA HDR 3 $1,090A0 $761.40 $2,284.20 Receiver&Room Controller 100 AM3-111 KIT CRESTRON Air Media Series 3 Kit with AM-3100-WF 1 $2,450.00 $1,801 47 $1,801.47 Receiver and AM-TX3-100 Adaptor TSW-770-B-S CRESTRON 7 in Wall Mount Touch Screen, Black 2 $2,278.00 $1,591.25 $3,182.50 Smooth VPLPHZ61 SONY Sony VPL-PHZ61 -3LCD projector- 1 $5,000.00 $3,308 82 $3,308.82 6400 lumens-6400 lumens(color)- WUXGA(1920 x 1200)- 16:10- RPAU CHIEF UNIVERSAL RPA 1 $269 00 $237.35 $237.35 FW98BZ30L SONY Sony Bravia Professional Displays FW- 1 $9,245.00 $8,667.19 $8,667.19 98BZ30L-98" Diagonal Class BZ30L Series LED-backlit LCD displ AS3LDP7 CHIEF LOW DENSITY WALL MOUNT WITH 1 $1,221.00 $969.71 $969.71 PDU GLS-PART-CN CRESTRON Cresnet Partition Sensor 1 $886.00 $618.90 $618 90 DM-TX-200-C-2G-B-T CRESTRON Wall Plate Digital Media 8G+ 2 $1,540.00 $1,075.74 $2,151.48 Transmitter 200, Black Textured P300-IMX SHURE Digital Audio Signal Processor, 14 1 $2,590.00 $1,809.19 $1,809.19 inputs (10x Dante(8 with AECINR/AGC). 2x analog. 1x USB. 3 5 mm COM520PR2 AVER CAM520 PR02 CONFERENCE CAM 1 $1,79998 $1,323.51 $1,323.51 CMS446 CHIEF CMS446, CMS440, 8"VADDIO CAM 1 $151.00 $133.24 $133 24 PLATE USB-EXT-2 KIT CRESTRON USB over Category Cable Extender, 1 $1,100,00 $808.82 $808 82 Local and Remote Sub-Total: Divisible AIB $35,991.24 Simulation Room FW85BZ40L SONY Sony Bravia Professional Displays FW- 1 $5,405 00 $5 067.19 $5,06T 19 85BZ40L-85"Diagonal Class BZ40L Series LED-backlit LCD displ AS3LDP7 CHIEF LOW DENSITY WALL MOUNT WITH 1 $1,221 00 $969 71 $969 71 PDU HD-TXC-4KZ-101 CRESTRON DM Lite 4K60 4 A Transmitter for 1 $470.00 $328.31 $328.31 HDMI, RS-232, and IR Signal Extension over CATx Cable HD-RXC-4KZ-101 CRESTRON DM Lite 4K60 4 4A Receiver for HDMI, 1 $470.00 $328.31 $328.31 RS-232. and IR Signal Extension over CATx Cable AM-3200-WF CRESTRON Air Media Receiver 3200 with Wi-Fi 1 $2,530-00 $1,860.29 $1,860.29 Network Connectivity AM-TX3-100 CRESTRON Air Media Series 3 Connect Adaptor 1 $800 00 $588.24 $588.24 Printed on March 13,2024 Page 5 of 15 1248405 MPC3-102-B CRESTRON 3-Series Media Presentation Controller 1 $1,380 00 $1,014 71 $1,014.71 102, Black AMP-X50MP CRESTRON X Series Media Presentation Amplifier, 1 $496.00 $364.71 $364.71 50 W P300-IMX SHURE Digital Audio Signal Processor, 14 1 $2,590.00 $1.809.19 $1.809.19 inputs(10x Dante(8 with AECINRIAGC), 2x analog, 1x USB, 3.5 mm MXA710W-2FT SHURE Linear Array Microphone. length- 2 ft 1 1 $3,402.00 $2.376 40 $2,376 40 63.6 cm. RJ45 network connector for PoE power supply, contro COM520PR2 AVER CAM520 PR02 CONFERENCE CAM 1 $1,799.98 $1,323.51 $1.323.51 A710-TB SHURE Tile Bridge for installation of the 1 $150,00 $104,78 $104.78 MXA710 in grid ceilings USB-EXT-2 KIT CRESTRON USB over Category Cable Extender, 1 $1,100.00 $808 82 $808 82 Local and Remote Sub-Total: Simulation Room $16,944.17 Mat Room HD-TXC-4KZ-101 CRESTRON DM Lite 4K60 4A 4 Transmitter for 1 $470.00 $328 31 $328 31 HDMI, RS-232, and IR Signal Extension over CATx Cable HD-RXC-4KZ-101 CRESTRON DM Lite 4K60 4A 4 Receiver for HDMI, 1 $470 00 $328 31 $328 31 RS-232, and IR Signal Extension over CATx Cable MPC3-102-B CRESTRON 3-Series Media Presentation Controller 1 $1,380.00 $1,014.71 $1.014 71 102, Biack AMP-X50MP CRESTRON X Series Media Presentation Amplifier, 1 $496.00 $364.71 $364 71 50 W AM-3200-WF CRESTRON Air Media Receiver 3200 with Wi-Fi 1 $2,530.00 $1,860.29 $1,860.29 Network Connectivity AM-TX3-100 CRESTRON Air Media Series 3 Connect Adaptor 1 $800.00 $588.24 $588.24 VPLPHZ61 SONY Sony VPL-PHZ61 -3LCD projector- 1 $5,000 00 $3,308.82 $3,308.82 6400 lumens-6400 lumens(color)- WUXGA(1920 x 1200)- 16 10- RPAU CHIEF UNIVERSAL RPA 1 $269.00 $237.35 $237.35 Sub-Total: Mat Room $8,030.74 Auditorium DMPS3-4K-350-C CRESTRON 3-Series 4K Digital Media Presentation 1 $12,100.00 $8,452 21 $8.452.21 System 350 PW-5430DUS CRESTRON High-Efficiency Power Pack 1 $330.00 $242 65 $242.65 DM-RMC-4KZ-100-C CRESTRON Digital Media 8G+41<60 4:4 4 HDR 2 $1,090.00 $761.40 $1,522.80 Receiver& Room Controller 100 DM-TX-200-C-2G-B-T CRESTRON Wall Plate Digital Media 8G+ 1 $1,540.00 $1,075 74 $1,075.74 Transmitter 200, Slack Textured AM3-111 KIT CRESTRON Air Media Series 3 Kit with AM-3100-WF 1 $2,450.00 $1,801.47 $1,801.47 Receiver and AM-TX3-100 Adaptor TSW-770-B-S CRESTRON 7 in. Wall Mount Touch Screen. Black 1 $2,278.00 $1,591.25 $1,591.25 Smooth VPLFHZ851W SONY Sony VPL-FHZ85-3LCD projector- 1 $11,000.00 $7,279.41 $7.279,41 8000 lumens-7300 lumens(color)- WUXGA(1920 x 1200) - 1610- P300-IMX SHURE Digital Audio Signal Processor, 14 1 $2.590.00 $1,809.19 $1,809 19 inputs(1Ox Dante(8 with AECINRIAGC) 2x analog. 1x USB, 3.5 mm COMCAM570 AVER CAM570 CONFERENCE CAMERA 1 $3,893.98 $2,863.22 $2,863 22 USB-EXT-2 KIT CRESTRON USB over Category Cable Extender, 1 $1.100.00 $807.91 $807.91 Local and Remote Sub-Total: Auditorium $27,445.85 Printed on March 13,2024 Page 6 of 15 1248405 Meridian Public Safety Training Center Engineering &Drawings $4.800 00 Project Management $2,480 00 Programming $10.920 00 On Site integration $12,000.00 Testing&Acceptance $4,080.00 Training $680.00 Local Travel and Mileage $1.705 00 Integration Cables&Connectors $4.495 00 Sub-Total: Meridian Public Safety $41,160.00 Training Center Total: $129,572:00 PRO SUPPORT: Model# Mfg Description f3ty Price Extended AVISSACUSTOM AVI SYSTEMS 1 Year System Support Agreement 1 $8.895 00 $8,895 00 Refer to Page 1 for the Grand Total that includes Taxes, and Shipping&Handling. Printed on March 13,2024 Page 7 of 15 1248405 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: Client has requested a quote to update their public safety training facility. The original system was comprised of Extron based rooms. They have asked to move to Crestron The spaces that will be updated are,Auditorium, Divisible Room (A1B), Mat Room, and Simulation Room. The simulation room is being removed from the switcher that is shared with the mat room. Each system will be separately derived for each space. The Crestron system will control the power, volume, and selected inputs. 'The simulation room will no longer have an integrated control system,as requested. B. SYSTEM DESCRIPTION: Simulation Room The simulation room will be a stand-alone VTC room consisting of a Shure MXA 710, P300, Crestron Air Media with dangle, as well as a new display. The PC in the viewing area will be directly wired (via extenders)to the front display • Functionality Description: Basic device mode conferencing system, operated by the OFE PC in the observation booth. • Displays 17, Sony 85" at front of room • Source Devices o OFE PC o Air Media AM3200 with dongle • Audio' OFE speakers o Shure MXA710 ceiling mic • Conferencing All VTC managed from OFE PC o Aver cam520 pro2 wall mounted below display • Equipment Location: PC in observation room MPC3 wall mounted at back of room Mat Room The Mat room will have a new projector installed in place of the existing one The current system in use is overbuilt, client requested we downsize to a simple wall mounted controller, air media, and provision for OFE PC. • Functionality Description- System controlled by MPC3, the only source is the PC,wired through the air media. • Displays Sony projector aimed at existing screen, ceiling mounted with existing hardware • Source Devices: OFE PC o AM320OWF • Audio: o Existing surface mounted speakers on the left and right of the screen • Equipment Location. PC in rack in storage room MPC3 wall mounted at back of room Divisible Room The Divisible room will have the current Extron DTP Crosspoint will be replace by a DMPS3-4k-350(in A and B, A being the primary). The client has requested a wireless content option, a Crestron Air Media AM310OWF will be connected to the DMPS in each space. A wall mounted Crestron TSW-770 will be wall mounted in each space.A divisible wall partition sensor will be ceiling mounted to dictate the room state The current primary projector&screen location in room A will remain the same but will upgraded to a new Sony Projector and use the existing screen The secondary projector used when rooms were combined will be removed The projector in room B will be removed and a 98"display will be wall mounted in place of the screen Functionality Description: divisible space with a DMPS3-4k-350 replacing a DTP Extron Crosspoint in each space. Each room has an existing wireless mic and owner furnished PC, as well as a Digital Media input plate Single display in each space.When the room is combined displays will mirror and audio will combine A Crestron TSW-770 touch panel will be wall mounted in each room next to the primary entrance • Displays: Sony 98" in Room B Sony Projector in A • Source Devices. OFE PC in each Input plate in A and B • Audio: Printed on March 13.2024 Page 8 of 15 1248405 Speakers in ceiling o RF mic in each room o Shure P300 added to interface with teams on OFE PC • Conferencing o All VTC managed from OFE PC o Aver Cam520 Prot ceiling mounted • Equipment Location: 11 OFE rolling Rack Auditorium The Auditorium will have the current Extron DTP Crosspoint will be replace by a DMPS3-4k-350 The client has requested a wireless content option, a Crestron Air Media AM3100WF will be connected to the DMPS in each space. A wall mounted Crestron TSW-770 will be wall mounted in the space. The confidence monitor will be retained. A single Digital Media input plate will be mounted on the front wall. on the left side. Functionality Description: Auditorium with a DMPS3-0k-350 replacing a DTP crosspoint The room has an existing wireless mic and owner furnished PC, as well as one Digital Media input plate. Single display and confidence monitor configuration, • Displays: o Sony Projector o OFE confidence monitor • Source Devices: o OFE PC in each Single DM HDMI wall plate input • Audio: c Speakers in ceiling o RF mic in each room o Shure P300 added to interface with teams on OFE PC • Conferencing: All VTC managed from OFE PC Aver cam570 wall mounted • Equipment Location: 0 OFE rolling Rack C. EXCLUSIONS: The following work is not included in our Scope of Work: All conduits, high voltage,wiring panels, breakers, relays, boxes, receptacles, etc • Concrete saw cutting and/or core drilling • Firewall, ceiling, roof, and floor penetration • Necessary gypsum board replacement and/or repair • Necessary ceiling tile or T-bar modifications, replacements, and/or repair • Structural support of equipment"AVI Systems is not responsible for building-related vibrations • Installation of the ceiling-mounted projection screen • All millwork(moldings, trim, cutouts, etc.) • Patching and Painting • Permits(unless specifically provided for and identified within the contract) • Unless otherwise stated, the pricing in this agreement does not include prevailing wage or union labor • Unless specifically noted, lifts and scaffolding are not included D. CONSTRUCTION CONSIDERATIONS: In order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to make the necessary modifications to the space as directed by AVI Systems. The costs associated with these modifications are not included in this proposal. E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS: The room(s) match(es)the drawings provided. • Site preparation by the Customer and their contractors include electrical and data placement per AVI Systems specification. • Site preparation will be verified by AVI Systems project manager or representative before the scheduling of the installation All work areas should be clean and dust free prior to the beginning of the on-site integration of electronic equipment. • Customer communication of readiness will be considered accurate and executable by AVI Systems project manager. • In the event of any arrival to the site that AVI Systems is not able to execute work efficiently and definably progress, the Customer will be charged a fee to reimburse AVI Systems for all lost time and inefficiencies. At this time, the Customer will be presented with a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon. • Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up to 10 business days. • There is ready access to the building/facility and the room(s)for equipment and materials Printed on March 13,2024 Page 9 of 15 1248405 • There is secure storage for equipment during a multi-day integration. • If Customer furnished equipment and existing cabling are to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement, and/or configuration of these items that may be necessary will be made at an additional cost. • All Network configurations, including IP addresses, are to be provided, operational and functional before AVI Systems integration begins.AVI Systems will not be responsible for testing the LAN connections. • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by the late arrival of these items will result in a change order for time and materials. • Document reviewifeedback on drawingsicorrespondence will be completed by the Customer within two business days(unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible—the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders (see Appendix). • In developing a comprehensive proposal for equipment and integration services, AVI Systems'Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility,the availability of technical infrastructure, and site conditions for installation. If any of the conditions we have indicated in the site survey form are incorrect or have changed for your project or project site, please let your Sales representative know as soon as possible. Conditions of the site found during the integration effort, which are different from those documented, may affect the price of the system solution, integration, or services To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully F. INTEGRATION PROJECT MANAGEMENT PROCESSES AVI Systems will follow a foundational project management process which may include the following actionsldeliverables(based on the sizelcomplexitylduration of the integration project): • Site Survey—performed prior to Retail Sales Agreement and attached • Project Welcome Notice—emailed upon receipt of Purchase Order • Project Kick-Off meeting with Customer Representative(s)—either by phone or in-person • Project Status reviews—informal or formal—either by phone or in person(based on the sizelcomplexity/duration of the project) • Project Change Control--comprised of Field Directed Change Order and/or Contract Change Order submittals(see Appendix) • Notice of Substantial Completion(see Appendix)—at Customer walk-through—prior to Service Transition G. KNOWLEDGE TRANSFER(TRAINING) This is geared specifically towards the end-user 1 operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas covered include the following: • Equipment and system overview • Equipment operation and function • Equipment start-up, stop and shut down • Equipment automatic and manual operation • Discussion and documentation relating to control system operation • Discussion and documentation relating to the system processor and its control applications • Powering up and powering down the AV system via the control system • Manual operation of display systems, audio systems, and all other related components • Useloperation of patch panels, when and where to be used • Whom to call when help is required H.AVI SYSTEMS INTEGRATION SERVICES RESPONSIBILITIES AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached separate Scope of Work document detailing the scope of work to be performed. • Provide equipment, materials, and service items per the contract products and services detail. • Provide systems equipment integration and supervisory responsibility for the equipment integration • Provide systems configuration, checkout, and testing. • Provide project timeline schedules. • Provide necessary information, as requested, to the owner or other parties involved with this project to ensure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. • Provide manufacturer-supplied equipment documentation • Provide final documentation and"as built"system drawings(CAD)-if purchased. • Provide system training following integration to the designated project leader or team I. CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment. and decorating as appropriate. Includes installation of any ceiling-mounted projection screen • Provide for the ordering, provisioning, installation.wiring, and verification of any Data Network(LAN, WAN, T1, ISDN, etc)and Telephone Line (Analog or Digital)equipment and services prior to on-site integration. • Provide all necessary cableways and/or conduits required to facilitate AV systems wiring • Provide all necessary conduits,wiring, and devices for technical power to the AV systems equipment. • Provide reasonable access of AVI Systems personnel to the facilities during periods of integration,testing. and training, including off hours and weekends. Printed on March 13.2024 Page 10 of 15 1248405 • Provide a secure area to house all integration materials and equipment. • Provide a project leader who will be available for consultation and meetings • Provide timely review and approval of all documentation(Technical Reports, Drawings, Contracts,etc.). ENGINEERING SERVICES ENGINEERING SCOPE OF WORK Client has requested a quote to update their public safety training facility. The original system was comprised of Extron based rooms They have asked to move to Crestron. The spaces that will be updated are, Auditorium, Divisible Room (A1B), Mat Room, and Simulation Room. the simulation room is being removed from the switcher that is shared with the mat room ENGINEERING SERVICES TO BE PROVIDED AVI Systems will work with the Customer and any related design professionals selected(architects, engineers, etc.)to provide initial and ongoing audiovisual systems design and engineering support for this project. AVI Systems strongly encourages the fostering of a truly open, cooperative"design team"approach,with team members bringing unique, valuable insight from their special perspective to the team. The goal of these services is as follows, • Understand clearly the current and future AV needs of the Customer. • Provide accurate construction documents for the implementation of the AV-related infrastructure. • Provide an overall AV plan that will allow for the procurement of appropriate AV equipment and installation, complete with system diagrams, ensuring correct integration of the equipment • Compile the data gathered during the engineering process into an Integration Agreement for a turnkey installation of all AV systems,with the added value of a seamless integration process The Design Process can be modified at any time per the direction of the Customer—otherwise, it shall follow this general outline: AV Program Review 1 Verification—The AVI Systems design team will obtain from the Customer the operational specifications desired for the audio and video systems within the designated facility.Additional facility information will be required, including the building's electrical and structural infrastructure, as well as the physical sizes of each room or space. Using compatible AutoCAD drawings, the integration of desired AV systems within available spaces will be visualized. During this initial design phase, various equipment options, with an eye toward future expandability while maintaining current value,will be suggested. Budget Verification—The AVI Systems design team will create a project scope compiled from the information received from the Customer.AVI Systems will generate cost estimates for the various systems as outlined above and compare these budget estimates to any initial AV budgets. This process will reaffirm the exact direction that engineering resources should target in the next phase Initial Design—During this phase,AVI Systems will begin applying the above-defined systems in detail to the various areas of the Customer facility. Further communications between the Customer and the other design team members, as various options are explored,will be necessary at this time. Typical deliverables from this phase would include the following drawings and/or documents. • Preliminary AV Floor Plan and Elevations detailing locations of all AV devices • Preliminary Projection Geometry detailing projectioniscreen locations with viewing angles, mounting details, etc. • Preliminary AV Technical Power, Conduit Plans, and Riser Drawings • Preliminary AV Video Flow • Preliminary AV Audio Flow • Preliminary AV Control Flow • Preliminary AV Rack Layouts • Preliminary Equipment Lists • Preliminary Budget Estimates Submittal of the above for the various rooms will be a progressive process,with most critical drawings being submitted first, allowing construction details to be available on an as-needed basis. During this process(modifications to the preliminary plans, due to a variety of considerations: arch itecturallaesthetic considerations, budget reviews, etc.),electronic exchange of AutoCAD drawings between all the team members will facilitate a quick exchange of updates. Specific design freeze dates will be established with all parties to facilitate timely submittals and help manage the Customer's end cost. All changes are to be reviewed and approved by all parties. Final Systems Design—The changes made in the previous phase to the preliminary designs will be updated and regenerated as"final" construction documents. AVI Systems will typically work from background drawings from an architect under contract to the Customer, entering AV-specific data and returning these back to the architect(or other Customer retained design professional)for integration into final construction documents. Project Specifications Document—The final audiovisual systems designs will be compiled into a written project technical specifications document with equipment lists and any pricing not already included in the quote for complete integration. This document will include the following system diagrams and documents. • AV Floor Plan and Elevations detailing locations of AV devices • AV Video Flow • AV Audio Flow • AV Control Flow • Equipment lists as specified • System infrastructure requirements, including cable and termination specifications Printed on March 13,2024 Page 11 of 15 1248405 System operational and post-operational requirements • Project Scope of Work • Project costs • Project Integration Agreement CUSTOMER CARE CUSTOMER CARE SERVICES TO BE PROVIDED Customer Care is the ongoing care and maintenance services delivered to keep your System(s)functioning as originally designed and installed AVI Systems will perform the services below,as further described in the Definitions, for covered Systems. Customer Care Entitlement Matrix SupportEntitlement Definition System Service Level Incident AVI Systems provides Priority Support Remote initiation within two(2)business hours, Monday Management to troubleshoot, remediate, and through Friday, during standard hours(8 am-5 pm local escalate all Incidents through to Included time,excluding holidays) resolution. Remote Support AVI Systems provides remote Priority Remote response within (8)business hours, Monday Support for supported systems to Included through Friday during standard hours(8 am-5 pm local diagnose and resolve incidents. time,excluding holidays) Onsite Support AVI Systems provides Priority Support Onsite response within eight(8)business hours, for technician dispatch to the client Monday through Friday, during standard hours(8 am-5 location to diagnose and resolve an Included pm local time, excluding holidays) Incident. Advanced Parts AVI Systems provides advanced Repair and/or replacement is manufacturer dependent. Replacement replacement of failed hardware Included Loaner Equipment on Best Effort basis components Does not include consumables or obsolete equipment. Software Update AVI Systems provides labor to Assistance implement updates of existing software Included to correct software errors and/or resolve incidents System Training AVI Systems conducts user training to Remote user training, scheduled at least one(1)week cover the operation of the system and in advance how to contact AVI Systems for Included support Technical,Administrative. or Product Specific training is available separately from this agreement System Health AVI Systems personnel perform Two(2) System Health Checks per year,each Checks preventative maintenance Includes scheduled at least one(1)week in advance cleaning, adjustments, functional tests, Included and replacement of parts to keep the system equipment in efficient operating condition Asset AVI Systems tracks asset information Included Management for Systems CUSTOMER CARE DEFINITIONS System—the items listed in the Products and Services Detail section of this Agreement or listed on an attached Equipment List with the exception of Consumables, Owner Furnished Equipment, and Obsolete Equipment Priority Support—all work under AVI Systems support agreements with Customers is scheduled ahead of any other on-demand work, Remote Support—a service whereby remote calls are made to communications and terminal equipment via Customer provided I P connection to determine failures and remedies Only available where equipment is capable and configured by AVI Systems to provide same. Onsite Support-Service level response assumes the client location is within 60 miles of an AVI Systems Service Center. Additional travel costs may apply if the client's location is beyond 60 mites of an AVI Systems Service Center. Consumables—parts such as recording media, batteries projection lamps, bulbs, etc. Consumables are parts that are not included in this Agreement. Obsolete Equipment—items(though possibly still in use)that are outdated with no manufacturer support or parts availability or products with the formal end of life as defined by their manufacturer. Obsolete Equipment is parts that are not included under this Agreement. Pnnted on March 13,2024 Page 12 of 15 1248405 Loaner Equipment—tabletop LCD projectors and flat-screen monitors under 50". Tabletop projectors are not integrated into a system. Flat screen monitors will be installed onto a wall if reasonably possible. Best Effort—AVI Systems strives to provide the Service or repair any Incident in an appropriate and generally accepted manner using the resources available but makes no promise in this reference. Advanced Parts Replacement-Provides for recycling of equipment covered in a system or consumables with no additional fees. Includes coverage for shipping to/from the manufacturer for equipment sent for warranty diagnosis, repair, or exchange. Software Update Assistance—revisions of existing software, which provide maintenance to correct software errors. Assumes software is provided at no charge by the manufacturer or covered under a valid manufacturer maintenance contract. Cascading software dependencies may impact the ability to issue updates Software and features which require additional licensing are not included under this Agreement Changes to custom templates or scripts after initial deployment are available separately from this agreement CUSTOMER CARE-UNIFIED COMMUNICATIONS Remote Technical Support • Help Desk phone number: 866-836-8277 • Help Desk email: prosupport@avisystems.com CUSTOMER CARE-DIGITAL MEDIA Remote Technical Support • Help Desk phone number: 800-488-4954 • Help Desk email: dmsupport@avisystems.com SYSTEM SUPPORT TERMS Coverage Dates—Unless otherwise stated, the service coverage date will be effective as of substantial completion or the System Support Agreement invoice date, whichever is applicable Coverage will extend for the duration specified by the corresponding line-item description found in the Product and Services Detail section of this Agreement. AVI Systems reserves the right to withhold services until the invoice is paid in full. Exclusions—For situations where AVI Systems is providing service or support under this Agreement, no cost service, maintenance, or repair shall not apply to the Equipment if any person other than an AVI Systems technician or other person authorized by AVI Systems. without AVI Systems, prior written consent, improperly wires, integrates, repairs, modifies or adjusts the Equipment or performs any maintenance service on it during the term of this Agreement. Furthermore, any Equipment service, maintenance, or repair shall not apply if AVI Systems determines, in its sole discretion,that the problems with the Equipment were caused by(a)the Customer's negligence, or(b)theft, abuse, fire, flood. wind, lighting, unreasonable power line surges or brownouts, or acts of God or public enemy: or(c)use of any equipment for other than the ordinary use for which such equipment was designed or the purpose for which such equipment was intended, or(d)operation of equipment within an unsuitable operating environment, or(e)failure to provide a suitable operating environment as prescribed by equipment manufacturer specifications, including,without limitation, with respect to electrical power, air conditioning, and humidity control. Systems Support Terms are in addition to AVI Systems' General Terms and Conditions of Sale. "Certifications. 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. Master No. Description Qry MSRP Dist.% Unit Price Printed on March 13,2024 Page 13 of 15 1248405 Divisible A/B 0.00 $0.00 0.00 $0.00 DMPS3-4K-350-C 3-Series 4K OigitalMedia Presentation System 3So 1.00 $12,101 30.1S% $8,452.21 PW-5430DUS High-Efficiency Power Pack 1.00 $330.00 26.47% $242,65 DM-RMC 4KL 100-C DigitalMedia BG+4K60 4*4 HDR Receiver&Room Controller 100 3.00 $1,090.00 30,15% $761.40 Ai KIT AirMedia Series 3 Kit with AM-3100-W F Receiver and AM-TX3-100 Adaptor 1.00 $2,450.00 26,47% $1,801-47 TSW-770-B-5 7 in.Wall Mount Touch Screen,Black Smooth 2.00 $2,278.00 30.15% $1,591.25 Sony VPL-PHZ61-3LCD projector-6400 lumens-6400 lumens{color}-W UXGA VPLPHZ61 (1920 x 1200)-16:10- 1.00 $5,000.00 33.82% $3,308.82 RPAU UNIVERSAL RPA 1.00 $269,00 11.77% $237.35 Sony Bravia Professional Displays F W-98BZ30L-98"Diagonal Class BZ30L Series FW98BZ30L LED-backlit LCD disp! 1.00 $9,245.00 6.25% $8,667.19 AS3LDP7 LOW DENSITY WALL MOUNT WITH POU 1.00 $1,221.00 21 5969.71 GLS-PART-CN Cresnet Partition Sensor 1.00 $886.00 30.15% $618,90 DM-TX-2o0-C- 2G-B-T Wall Plate DigitalMedia 8G+Transmitter 200,Black Textured 2.00 $1,540.00 30.1S% $1,075.74 Digital Audio Signal Processor,14 inputs(lox Dante(8 with AEC/NR/AGC),2x P300-IMX analog,Ix USB,3.5 mm 1.00 $2,590.00 30.15% $1,8o9.19 COM520PR2 CAM520 PR02 CONFERENCE CAM 1.00 $1,799.98 26.47% $1,323.51 CMS446 CM5446,CM5440,8"VADDIO CAM PLATE 1.00 $151.00 11.76% $133.24 USB-EXT-2 KIT USB over Category Cable Extender,Local and Remote 1.00 $1,101 26.47% $808.82 Simulation Room 0.00 $0,00 #DIV/01 $0.00 Sony Bravia Professional Displays FW-85BZ40L-85"Diagonal Class BZ40L Series FW85BZ40L LED-backlit LCD disp) 1.00 $5,405.00 6.25% 55,067.19 AS3LDP7 LOW DENSITY WALL MOUNT WITH PDU 1,00 $1,221.0o 21 $969.71 DM Lite 414:4:4 Transmitter for HDMI,RS-232,and IR Signal Extension over HD-TXC-4KZ-101 CATx Cable 1.00 $470.00 30.15% $328.31 DM Lite 4K60 4:4:4 Receiver for HDMI,RS-232,and IR Signal Extension over CATx HD-RXC-4KZ-101 Cable 1.00 $470.00 30.15% $329.31 AM-3200-WF AirMedia Receiver 3200 with Wi-Fi Network Connectivity 1.00 $2,530.00 26.47% $1,860.29 AM-TX3-100 AirMedia Series 3 Connect Adaptor 1.00 $800.00 26.47% $588.24 MPC3-102-B 3-Series Media Presentation Controller 102,Black 1.00 $1,380.00 26.47% $1,014.71 AMP-X50MP X Series Media Presentation Amplifier,50 W 1.00 $496,00 26.47% $364.71 Digital Audio Signal Processor,14 inputs(lox Dante(8 with AEC/NR/AGC),2x P300-IMX analog,lx USB,3.5 mm 1.00 $2,590.00 30,15% $1,809.19 Linear Array Microphone,length:2 ft/63.6 cm,RJ45 network connector for POE MXA710W-2FT power supply,contro 1,00 $3,402.00 31 $2,376,40 COM520PR2 CAM520 PR02 CONFERENCE CAM 1.00 $1,799.98 26.47% $1,323.51 A710-TB Tile Bridge for installation of the MXA710 in grid ceilings 1.00 $150.00 30.15% $104.78 USB-EXT-2 KIT USB over Category Cable Extender,Local and Remote 1.00 $1,1o0-o0 26.47% $808.82 Mat Room 0.00 $1 #DIV/01 $0.00 MPC3-102-8 3-Series Media Presentation Controller 102,Black 1.00 $1,380.00 26A7% $1,014.71 OM Lite 414:4:4 Transmitter for HDMI,RS-232,and IR Signal Extension over HD-TXC-4KZ-101 CATx Cable 1.00 $470.00 30.15% $328.31 DM Lite 4K60 4:4:4 Receiver for HDMI,RS-232,and IR Signal Extension over CATx HD-RXC-4KZ-101 Cable 1.00 $470.00 30.15% $328.31 AMP-XSOMP X Series Media Presentation Amplifier,50 W 1.00 $496.00 26.47% $364.71 AM-3200-WF AirMedia Receiver 3200 with Wi-Fi Network Connectivity 1.00 $2,530,00 26,47% $1,860.29 AM-TX3-100 AirMedia Series 3 Connect Adaptor 1,00 $800.00 26,47% $588.24 Sony VPL-PHZ61-3LCD projector-6400 lumens-6400 lumens(color)-W UXGA VPLPHZ61 (1920 x 1200)-16:10- 1.00 $5,000.00 33.82% $3,308.82 RPAU UNIVERSAL RPA 1.00 $269.00 11.77% $237.35 Printed on March 13,2024 Page 14 of 15 1248405 Auditorium 0.00 $0.00 9DIV/0! $0.00 DMPS3-4K-350-C 3-Series 4K DigitalMedia Presentation System 350 1.00 $12,100,00 30.15% $8,452.21 PW-5430DUS High-Efficiency Power Pack 1.00 $330,00 26.47% $242.65 DM-R MC-4KZ- 100-C DigitalMedia 8G+4K60 4:4,4 HDR Receiver&Room Controller 100 2.00 $1,090.00 30,15% $761.40 DM-TX-200-C- ZG-8-T Will Plate DigitalMedia 8G+Transmitter 200,Black Textured 1.00 $1,540,00 30.15% $1,075.74 AM3-111 KIT AirMedia Series 3 Kit with AM-3100-WF Receiver and AM-TX3-100 Adaptor 1.00 $2,450.00 26,47% $1,801.47 TSW-770-13-S 7 in.Wall Mount Touch Screen,Black Smooth 1.00 $2,278.00 30.15% $1,591.25 Sony VPL-FHZ8S-3LCD projector-8000 lumens-7300 lumens(color)-W UXGA VPLFHZ85/W (1920 x 1200)-16:10- 1.00 511,000.00 33,82% $7,279.41 Digital Audio Signal Processor,14 inputs(10x Dante(8 with AEC/NR/AGC),2x P300-IMX analog,1x USB,3.5 mm 1.00 $2,590.00 30.15% $1,809.19 COMCAM570 CAMS70 CONFERENCE CAMERA 1-00 $3,893.98 26.47% $2,863.22 USB-EXT-2 KIT USB over Category Cable Extender,Local and Remote 1.00 $1,100.00 26.55% $80791 Printed on March 13,2024 Page 15 of 15 1248405 AVI Systems, Inc. 9675 West 76`h Street,Suite 200 ` Eden Prairie, MN 55344 Phone:(952)949-3700 GENERAL TERMS AND CONDITIONS OF SALE The following General Terms&Conditions of Sale(the"T&Cs")in combination with a signed Retail Sales Agreement constitute a binding contract(the"Agreement")between AVI Systems, Inc. ("AVI")and the entity identified on page one of the Retail Sales Agreement(the"Customer"). Any terms and conditions set forth in any correspondence, purchase order or Internet based form from Customer to AVI which purport to constitute terms and conditions which are in addition to those set forth in this Agreement or which attempt to establish conflicting terms and conditions to those set forth in this Agreement are expressly rejected by AVI unless the same has been manually countersigned in wet ink by an Officer of AVI. 1. Changes In The Scope of Work—Where a Scope of Work is included with this Agreement, costs resulting from changes in the scope of this project by the Customer, including any additional requirements or restrictions placed on AVI by the Customer or its representatives,will be added to the contract price. When AVI becomes aware of the nature and impact of the change, a Contract Change Order will be submitted for review and approval by the Customer before work continues. Where applicable, changes in the configuration of the Equipment described herein shall be made in writing by submission of a Change Order document. 2. Ownership and Use of Documents and Electronic Data—Where applicable, drawings, specifications, other documents, and electronic data furnished by AVI for the associated project under this Agreement are instruments of the services provided.AVI shall retain all common law, statutory and other reserved rights, including any copyright in these instruments.These instruments of service are furnished for use solely with respect to the associated project under this Agreement. The Customer shall be permitted to retain copies of any drawings,specifications, other documents,and electronic data furnished by AVI for information and reference in connection with the associated project and for no other purpose. 3. Proprietary Protection of Programs—Where applicable this Agreement does not cause any transfer of title, or intellectual rights, in control systems programs,or any materials produced in connection therewith, including any source code.Any applications or programs supplied by AVI are provided, and are authorized for installation, execution, and use only in machine-readable object code form.This Agreement is expressly limited to the use of the programs by the Customer for the equipment in connection with the associated project. Customer agrees that it will not seek to reverse-engineer any program to obtain source codes, and that it will not disclose the programs source codes or configuration files to any third party,without the written consent of AVI. The programs, source codes and configuration files,together with AVI'know-how and integration and configuration techniques, furnished hereunder are proprietary to AVI, and were developed at its private expense. If Customer is a branch of the United States government,for purposes of this Agreement any software furnished by AVI hereunder shall be deemed"restricted computer software", and any data, including installation and systems configuration information, shall be deemed "limited rights data", as those terms are defined in FAR 52.227-14 of the Code of Federal regulations. 4. Shipping and Handling and Taxes—The prices shown are F.O.B. manufacturer's plant or AVI's office depending on where items are located when direction is issued to ship to the point of integration.The Customer, in accordance with AVI's current shipping and billing practices,will pay all destination charges. In addition to the prices on this Agreement,the Customer agrees to pay amounts equal to any sales tax invoiced by AVI,or(where applicable)any use or personal property taxes resulting from this Agreement or any activities hereunder. Customer will defend, indemnify and hold harmless AVI against any claims by any tax authority for all unpaid taxes or for any sales tax exemption claimed by Customer. 5. Title—Where applicable,title to the Equipment passes to the Customer on the earlier of: (a)the date of shipment from AVI to Customer, or(b)the date on which AVI transmits its invoice to Customer. 6. Security Interest—In addition to any mechanics'lien rights,the Customer,for value received, hereby grants to AVI a security interest under the Minnesota commercial code together with the a security interest under the law(s)of the state(s)in which work is performed or equipment is delivered. This security interest shall extend to all Equipment, plus any additions and replacements of such Equipment, and all accessories, parts and connecting Equipment now or hereafter affixed thereto.This security interest will be satisfied by payment in full unless otherwise provided for in an installment payment agreement.The security interest shall be security for all sums owed by Customer under this Agreement. A copy of this Agreement may be filed as a financing statement with the appropriate authority at any time after signature of the Customer. Such filing does not constitute acceptance of this Agreement by AVI 7. Risk of Loss or Damage—Notwithstanding Customer's payment of the purchase price for Equipment, all risk of loss or damage shall transfer from AVI to Customer upon Customer's receipt of Equipment. Customer shall be responsible for securing insurance on Equipment from this point forward. Rev 08-15 AVI Systems, Inc. 9675 West 76`h Street,Suite 200 ` Eden Prairie, MN 55344 Phone:(952)949-3700 8. Receiving/Integration—Unless the Agreement expressly includes integration services by AVI,the Customer agrees to furnish all services required for receiving,unpacking and placing Equipment in the desired location along with integration. Packaging materials shall be the property of the Customer. 9. Equipment Warranties—To the extent AVI receives any warranties from a manufacturer on Equipment; it will pass them through to Customer to the full extent permitted by the terms of each warranty. Factory warranties vary by manufacturer, and no additional warranties are expressed or implied by AVI unless stated in writing. 10. General Warranties—Each Party represents and warrants to the other that: (i)it has full right, power and authority to enter into and fully perform its obligations under this Agreement, including without limitation the right to bind any party it purports to bind to this Agreement; (ii)the execution,delivery and performance of this Agreement by that Party does not conflict with any other agreement to which it is a Party or by which it is bound, and (iii)it will comply with all applicable laws in its discharge of its obligations under this Agreement. AVI warrants,for a period of 90 days from Substantial Completion,the systems integration to be free from defects in workmanship. CUSTOMER WARRANTS THAT IT HAS NOT RELIED ON ANY INFORMATION OR REPRESENTATION PROVIDED BY OR ON BEHALF OF AVI WHICH IS NOT EXPRESSLY INCLUDED IN THESE GENERAL TERMS AND CONDITIONS OR THE RETAIL SALES AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH HEREIN.AVI DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE EQUIPMENT, MATERIALS AND SERVICES PROVIDED BY AVI, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE. 11. Indemnification—AVI shall indemnify and hold harmless Customer against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys'fees and costs, (whether or not a lawsuit or other proceeding is commenced),to the extent that the same is finally determined to be the result of(a)any negligent or willful misconduct of AVI , its agents, or subcontractors, (b)AVI's failure to fully conform to any material law, ordinance, rule or regulation which affects the Agreement,or(c)AVI's uncured material breach of this Agreement. 12. Remedies—Upon default as provided herein,AVI shall have all the rights and remedies of a secured party under the Idaho commercial code and under any other applicable laws.Any requirements of reasonable notice by AVI to Customer,or to any guarantors or sureties of Customer shall be met if such notice is mailed, postage prepaid,to the address of the party to be notified shown on the first page of this Agreement(or to such other mailing address as that party later furnishes in writing to AVI)at least ten calendar days before the time of the event or contemplated action by AVI set forth in said notice.The rights and remedies herein conferred upon AVI, shall be cumulative and not alternative and shall be in addition to and not in substitution of or in derogation of rights and remedies conferred by the Minnesota commercial code and other applicable laws. 13. Limitation of Remedies for Equipment—AVI's entire liability and the Customer's sole and exclusive remedy in all situations involving performance or nonperformance of Equipment furnished under this Agreement,shall be the adjustment or repair of the Equipment or replacement of its parts by AVI, or, at AVI option, replacement of the Equipment. 14. Limitation on Liability—EXCEPT IN CIRCUMSTANCES INVOLVING ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF A AVI UNDER THIS AGREEMENT FOR ANY CAUSE SHALL NOT EXCEED(EITHER FOR ANY SINGLE LOSS OR ALL LOSSES IN THE AGGREGATE) THE NET AMOUNT ACTUALLY PAID BY CUSTOMER TO AVI UNDER THIS AGREEMENT DURING THE TWELVE (12)MONTH PERIOD PRIOR TO THE DATE ON WHICH AVI'S LIABILITY FOR THE FIRST SUCH LOSS FIRST AROSE. 15. No Consequential Damages—AVI SHALL NOT HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON OR ORGANIZATION FOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR INTERRUPTION OF BUSINESS), WHETHER BASED ON CONTRACT, NEGLIGENCE,TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. Rev 08-15 AVI Systems, Inc. 9675 West 76`h Street,Suite 200 ` Eden Prairie, MN 55344 Phone:(952)949-3700 16. Acceleration of Obligations and Default—Payment in full for all "Equipment,"which is defined as all goods identified in the section of the Agreement with the same title,as well for any and all other amounts due to AVI shall be due within the terms of the Agreement. Upon the occurrence of any event of default by Customer,AVI may, at its option,with or without notice, declare the whole unpaid balance of any obligation secured by this Agreement immediately due and payable and may declare Customer to be in default under this Agreement. 17. Choice of Law,Venue and Attorney's Fees—This Agreement shall be governed by the laws of the State of Idaho in the United States of America without reference to or use of any conflicts of laws provisions therein. For the purpose of resolving conflicts related to or arising out of this Agreement,the Parties expressly agree that venue shall be in the State of Idaho in the United States of America only, and, in addition, the Parties hereby consent to the exclusive jurisdiction of the federal and state courts located in Ada County, Idaho in the United States of America and waive any right to assert in any such proceeding that Customer is not subject to the jurisdiction of such court or that the venue of such proceeding is improper or an inconvenient forum. The Parties specifically disclaim application (i)of the United Nations Convention on the International Sale of Goods, 1980, and (ii)of Article 2 of the Uniform Commercial Code as codified. In the event AVI must take action to enforce its rights under the Agreement, the court shall award AVI the attorney's fees it incurred to enforce its rights under this Agreement. 18. General—Headings are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The Parties acknowledge and agree that the Agreement has been negotiated by the Parties and that each had the opportunity to consult with its respective counsel, and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either Party based on draftsmanship of the Agreement. This Agreement is not assignable by Customer without the prior written consent of AVI.Any attempt by Customer to assign any of the rights,duties,or obligations of this Agreement without such consent is void.AVI reserves the right to assign this Agreement to other parties in order to fulfill all warranties and obligations expressed herein, or upon the sale of all or substantially all of AVI's assets or business. This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of AVI, and variance from the terms and conditions of the Agreement in any order or other written notification from the Customer will be of no effect. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.AVI is not responsible for any delay in, or failure to,fulfill its obligations under this Agreement due to causes such as natural disaster,war, emergency conditions, labor strike, acts of terrorism,the substantial inoperability of the Internet,the inability to obtain supplies, or any other reason or any other cause or condition beyond AVI's reasonable control. Except as otherwise stated in the Agreement,AVI is not obliged to provide any services hereunder for Equipment located outside the United States or Puerto Rico. Scheduled completion dates are subject to change based on material shortages caused by shortages in cable and materials that are industry wide. 19. Confidentiality—The term"Confidential Information"shall mean the inventions,trade secrets, computer software in both object and source code, algorithms, documentation, know how,technology, ideas,and all other business, customer,technical, and financial information owned by AVI or the Customer,which is designated as confidential, or communicated in such a manner or under such circumstances as would reasonably enable a person or organization to ascertain its confidential nature. The provisions of this Section shall not have application to any information that(i)becomes lawfully available to the public; (ii)is received without restriction from another person or organization lawfully in possession of such information; (iii)was rightfully in the possession of a party without restriction prior to its disclosure; or(iv)is independently developed by a party or its employees or agents without access to the other party's similar information. 20. Nonsolicitation—To the extent permitted by applicable law, during the term of this Agreement and for a period of one(1)year after the termination this Agreement, each Party agrees that it shall not knowingly solicit or attempt to solicit any of the other Party's executive employees or employees who are key to such Party's performance of its obligations under this Agreement("Covered Employees"). Notwithstanding the foregoing, nothing herein shall prevent either Party from hiring as an employee any person who responds to an advertisement for employment placed in the ordinary course of business by that Party and/or who initiates contact with that party without any direct solicitation of that person by that Party or its agents. Rev 08-15 AVI Systems, Inc. 9675 West 76`h Street,Suite 200 ` Eden Prairie, MN 55344 Phone:(952)949-3700 21. Price Quotations and Time to Install—AVI often integrates systems at the end of a construction project. The price quoted contemplates that AVI shall have access to the location for the time shown for AVI to complete its work after the work of all other contractors is substantially complete which means, generally, all other trades are no longer generating dust in the location, and final carpeting/flooring is installed (the"Prepared Area"). Failure to give AVI access to the Prepared Area for the amount of time shown for the integration may result in increased integration costs,typically in a manner proportionate to the reduction of time given to AVI to complete its work compared to the original schedule. 22. Price Quotations—Unless otherwise specified, all prices quoted reflect a discount for a cash payment(i.e., check,wire transfer) made by Customer in full within the terms of each invoice. Payment in other forms, including credit card, p-card,or other non-cash payments shall be subject to a convenience above the cash price. Please speak to your AVI representative if you have any questions in this regard. Rev 08-15 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 24-2453: Accepting West Ada School District Student Artwork for Traffic Box Art Installation CITY OF MERIDIAN RESOLUTION NO. 24-2453 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON, STRADER TAYLOR, A RESOLUTION ACCEPTING STUDENT ARTWORK FOR TRAFFIC BOX ART INSTALLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian desires that public art will be a component of our community; WHEREAS,Meridian City Code section 2-2-2(A)(2-4) charges the Meridian Arts Commission("MAC")with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community and advising the City Council on the aesthetic aspects of works of art to be installed by the City of Meridian; WHEREAS,MAC recommends that five (5)pieces of artwork displayed at the West Ada School District student art show, as set forth in Exhibit A,be reproduced onto vinyl wraps to be installed on traffic signal boxes in downtown Meridian; WHEREAS, the Mayor and City Council find that displaying this artwork on traffic boxes will serve the best interest of Meridian's residents, businesses, and traveling public; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the artwork depicted in Exhibit A hereto, is hereby accepted for reproduction onto vinyl wraps and installation on traffic signal boxes in Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 28th day of May, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 28th day of May, 2024. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION ACCEPTING STUDENT ARTWORK FOR TRAFFIC BOX WRAPS PAGE 1 ;u 0 psj 3 3 ollLn � rn � o N m x D rn Ir 4 r ,I 9 I � • • • m � O � Gel . . rD O O � � zT 3 S LA QJ o D m v =r, v 3 o N r-r CL G O fD Ul rn� � V rn V O V r" r • CD r-F 1Vl z 0 CL rD (D rD 0 m 0 N 0 0 D =5 ' 0 Q 3 rn_ rD • • = 0 O e+ 3 ] 3 r n ` I C } 1 ' .Ask, ,ram Q y t • • } �: a4 �xC J a91 F .G ' r F- l� � • 4,41 1 k i fit L x� • • rD 9 efi 5y� k. O � O f J y r O 0- (_ fD O . t� O y1 7v N > rt o � (�� � O �+ cn. O O �' • • D m v cu rD 0 0 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian April 2024 Financial Report City of Meridian Monthly Financial Report FY2024 Apr-24 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 r! II i �■ r �■ '■� ■ f �I kd Ti � n a 7r�1��ulu�iwulllsii �mirni it II r ie�► irr �E ID� F:\Reporting\Monthly Reports\FY2024\FY24-7 Apr Council Report 1 of 3 Monthly Financial Report �E IDIAN^- FY2024 Apr-24 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 5.23% IDAHO BOND FUND 3.58% CASH 0.00% F I B 5.53% •FIB MoneyMarket$2,841,957 -Cash$28,310,651 MONEYMARKET •Idaho Bond Fund$75,640,482 •Idaho State Pool$136,082,219 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $3,000,000 $130,000,000 $2,500,000 $125,000,000 $2,000,000 — $120,000,000 $1,500,000 — $115,000,000 $1,000,000 $110,000,000 $500,000 $105,000,000 $100,000,000 $o General Enterprise $95,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY24 ■FY23 F:\Reporting\Monthly Reports\FY2024\FY24-7 Apr Council Report 2 of 3 Monthly Financial Report FY2024 E IDIAN*-- Apr-24 IDAHO 4/1/2024 GENERAL FUND BALANCE ALLOCATIONS M0A00,000 5100p00.000 $80,000,000 $60,000,000 -- $40A00,000 $20,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 ■N—pendahle ■Restri eted ■Committed ■Assigned ■Assigned Reserves ■Lm—ts ENTERPRISE FUND BALANCE ALLOCATIONS 5120.000.000 $100,000,000 $80,000,000 $60,000,000 340A00,000 $20,000,000 _.. F 9/30/2015 9/30/2016 9/30/2017 9/30/201E 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 ■Assigned ■V—Z—d ■As—god Reserves F:\Reporting\Monthly Reports\FY2024\FY24-7 Apr Council Report 3 of 3 W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 24-2456: A Resolution of the City Council of the City of Meridian, reappointing Stephen Lewis to seat 5, Tracy Hopkins to seat 6, and Jared Smith to Seat 7 of the Meridian Transportation Commission; and providing an effective date CITY OF MERIDIAN RESOLUTION NO. 24-2456 BY THE CITY CAVENER, LITTLE ROBERTS, OVERTON, COUNCIL: STRADER, TAYLOR,WHITLOCK A Resolution of the City Council of the City of Meridian, reappointing Stephen Lewis to seat 5, Tracy Hopkins to seat 6, and Jared Smith to Seat 7 of the Meridian Transportation Commission; and providing an effective date. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS,the Mayor and City Council of the City of Meridian deems the reappointment of Stephen Lewis to seat 5, Tracy Hopkins to seat 6, and Jared Smith to seat 7 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Stephen Lewis is hereby reappointed to Seat 5, Tracy Hopkins is hereby reappointed to Seat 6, and Jared Smith is hereby reappointed to Seat 7 of the Meridian Transportation Commission, for terms to expire May 31, 2027. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 28th day of May, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 28th day of May, 2024. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENTS TO MERIDIAN TRANSPORTATION COMMISSION PAGE 1 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 CITY OF MERIDIAN CITY COUNCIL a PUBLIC FORUM SIGN-IN SHEET Date: i 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 ITEM 24: Recommendation and Approval of Mayor's Appointment of Brian Whitlock to City Council District 1 ITEM 25: Installation and Swearing in of Appointed City Council Member, Brian Whitlock, District 1 r 00 lot fflot o ,r . �ra Nk ij zz ,; ' IT Ve Tot Tim " z � CILCD � E �7Ltit rD CD CD O Iml `00 rD r t N 0 O L=1 O Pit • ' K ��` O "� �' F ' . • i..a � � O r ii'y: E % tT at �, n o O fF, F �" fD Cp OTe '' . f-} n y CD O CD O € . CD p r , Ate ol _ ! . !Yl�; w t aM T o OATH OF OFFICE 4Q T,�rE * 04 ti OFFICIAL OATH STATE OF IDAHO , }SS County of Ada I , Brian Whitlock , do solemnly swear or affirm that I will support the Constitution of the United States , and the Constitution of the State of Idaho , and that I will faithfully discharge the duties of City Councilman , of the City of Meridian , according to the best of my ability . Signature ' , /t Date: May 28, 2024 Subscribed and sworn to before me this 28th day of May , 2024 , Chris Johnson , City Clerk Signatur .OKXJ OAVC,ST' O 2` C� rCl) of E IDR oANA .N* SEAL q • ru Revised 12/15/2022 C� E IDIAN Planning and Zoning Department Presentation and Outline Changes to Agenda: None th Item #26: Burnside Ridge Estates (H-2023-0055) – Continued from May 7 Outstanding issues for Council:  Applicant requests approval of a Council waiver to exceed the maximum block face allowed by UDC 11-6C-3F for Block 7 (south side of S. Red Angus Way), Block 1 (west side of S. Moline Way), Block 5 (north side of E. Pivot Dr.) and Block 10 (south side of E. Pivot Dr.).  Applicant requests Council amend condition #A.2h to allow a 7’ instead of a 20’ wide common lot for the Givens Lateral easement along the west boundary of the site) – staff is supportive of this request as the proposed open space as-is exceeds UDC standards by ¾ acre and larger lots are appropriate adjacent to large County parcels. Application(s):  Annexation & Zoning  Preliminary Plat Size of property, existing zoning, and location: This site consists of 121.31-acres of land, zoned RUT in Ada County, generally located southwest of the W. Victory Rd. & S. Linder Rd. intersection. Comprehensive Plan FLUM Designation: LDR on the eastern 41-acre portion & MDR on the western 80-acre portion of the site. Summary of Request: The Applicant requests annexation of 123.28 acres of land with R-2 (11.91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts as shown on the zoning exhibit for the development of 263 building lots. One of the (5) existing homes is proposed to remain on a lot in the subdivision at the NEC of the site; the other existing homes will be removed prior to development of the phase in which they are located. The low density (R-2) & medium low-density (R-4) zoning is proposed around the perimeter of the development as a transition to rural residential properties in the County and the medium-density (R-8) zoning is proposed internal to the development. An overall gross density of 2.62 units/acre is proposed for the subdivision. The LDR FLUM designation allows residential development of 3 or fewer units/acre, while the MDR designation allows 3 to 8 units/acre. As-is, the gross density of the LDR area is 2.81 units/acre, which is consistent with the desired density; the density of the MDR area is 2.27 units/acre with the conceptual lots in the holding area, which is slightly below the desired density. The Comp Plan allows for adjacent abutting FLUM designations, when appropriate & approved as part of a public hearing with a land development application, to be used with some caveats. The Applicant proposes to use the abutting LDR designation to the west & the LDR designation on the eastern portion of this site toward a portion of the MDR designated area on this property as shown on the exhibit. With the proposed application of the LDR designation, the gross density is 2.4 units/acre including the holding area; and the gross density of the remaining MDR designated area is 2.64 units/acre, which rounds up to 3, and is consistent with the desired density range for both designations. Staff is supportive of the Applicant’s proposal for decreased density in the areas proposed as it allows for larger ½ acre lots along the west boundary of the subdivision adjacent to large rural/agricultural lots in Stetson Estates subdivision for a good transition in density as desired in the Comp Plan. The proposed preliminary plat consists of 263 building lots, 32 common lots and one (1) other lot, which is a holding area for future re- subdivision. Two (2) collector streets are proposed in accord with the Master Street Map – a north/south street from Victory & an east/west street from Linder Rd. Average lot sizes are as follows: 0.5-acre in the R-2 zone, 0.25-acre in the R-4 zone and 0.17-acre in the R-8 zone. st The subdivision is proposed to develop in (4) phases as shown on the revise phasing plan. The 1 phase, located on the NE portion of the site, includes the northern portion of the north/south collector street and access via W. Victory Rd. & a local street access via S. Linder Rd. This phase is proposed to include all of the street buffer improvements, including sidewalk, along Victory & Linder Roads. nd The 2 phase is located on the NW portion of the site & includes the southern portion of the collector street, which stubs to the holding rd area. The 3 phase is located along the southern portion of the site & includes the east/west collector street access via Linder Rd., th which stubs to the holding area. The 4 phase is the Kelly property that’s located along the east side of the development between phases 1 & 3 and fronts on Linder Rd. The holding area, located at the SWC of the site, is not currently serviceable by City sewer & won’t be for quite some time until the temporary lift station on Ten Mile & the 15” trunk line to the lift station is constructed. At Staff’s request, a concept plan was submitted for that area showing how future development will integrate with this development; a total of 40 building lots are shown in that area with the extension of local and collector streets. This area won’t develop until services are available to serve the site. City Council should determine if it’s in the best interest of the City to annex this property before services are available to serve the entire site. Commission Recommendation: Approval Summary of Commission Public Hearing:  In favor: Hethe Clark, Clark Wardle (Applicant’s Representative)  In opposition: None  Commenting: Paula Connelly and Darcie Dillie  Written testimony: None  Key Issue(s): Concern pertaining to smaller lots and higher density developing in the future on the holding area lot. Key Issue(s) of Discussion by Commission:  Desire for the Applicant to leave the Calkins Lateral open as linear open space and for wildlife; another Commissioner felt it was better to pipe the lateral to reduce evaporation of irrigation water and for efficiency.  Preference for Phase 4 to be included in Phase 3;  Appreciation of the transition in density proposed from large rural parcels;  In favor of the proposed amenities and farm-style theme proposed for the development. Commission Change(s) to Staff Recommendation:  Modification to DA provision #A.1f to clarify that the holding area on Lot 11, Block 7 shall only be developed when municipal services are available to the site as requested by the Applicant. Outstanding Issue(s) for City Council:  The Applicant requests City Council approval of a waiver to the maximum block face standards in UDC 11-6C-3F for four (4) block faces as noted in the staff report. Council may require traffic calming measures and/or additional pedestrian connections as provisions for a waiver. Written Testimony since Commission Hearing: Several letters of testimony have been submitted since the Commission hearing that are included in the public record. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0055, as presented in the staff report for the hearing date of May 28, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0055, as presented during the hearing on May 28, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0055 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) The existing (Jackson) home that is proposed to remain is required to connect to City water & sewer service, take access internally from within the subdivision & change their address. The property owner at 3801 S. Linder Rd. (Colleen Kelly) requests Council approval to remain on well & septic until her property re-develops with Phase 4, as utilities will not be accessible until at a minimum, Phase 3. Retention of her existing access via Linder Rd. is also requested until such time as the property re-develops. She is amenable to installation of the Linder Rd. street frontage/buffer improvements (except for the area where her driveway is located), including sidewalk, being installed on her property in the interim. There are (5) existing driveways via Linder Rd. & (4) via Victory Rd. that will be closed with development of the proposed subdivision. A new north/south collector street (S. Farmyard Ave.) is proposed via W. Victory Rd., which will extend to the southern boundary of the site with development of the holding area – the ROW for this street should extend to the east property line on the northern portion of the site as required by ACHD for future access to the collector street for the Coleman property. A new east/west collector street (E. Holstein Dr.) is proposed via S. Linder Rd. along the southern boundary of the site, which will extend to the west boundary of the site with development of the holding area. Another local street access (E. Pivot Dr.) is proposed via S. Linder Rd. to the north of the collector street. Internal local public streets are proposed for access within the development. The development is required to comply with the subdivision design & improvement standards in the UDC. There are (4) block faces that exceed the maximum block face standard – the Applicant requests a Council waiver to the standards to allow the block faces as proposed. The justification for such is included in the staff report and will be addressed by the Applicant. The Council should consider requiring traffic calming measures and/or additional pedestrian connections as provisions for such waivers. A 25’ wide street buffer is required along Victory & Linder roads and a 20’ wide buffer is required along internal collector streets, landscaped in accord with UDC standards. Staff recommends 10’ wide detached sidewalks are provided along all collector & arterial streets within and abutting the site for public safety. The Pathways Master Plan depicts a 10’ pathway along the internal collector streets and along the north side of the Calkins Lateral. Based on the area of each zone (excluding the holding area), a minimum of 12.59-acres of qualified open space is required to be provided within the development. The revised open space exhibit submitted by the Applicant depicts 13.36-acres, which is 0.77-acre above the required amount. Qualified open space areas consist of open grassy areas of at least 5,000 s.f. in area, the linear open space along the Calkins Lateral easement that includes a 10’ wide multi-use pathway and associated landscaping, linear open space, enhanced landscape buffers along collector & arterial streets, a community garden and 8’ wide parkways along local residential streets. An abundance of site amenities are proposed, exceeding UDC standards by more than double. Based on the development area (excluding the holding area), a minimum of 20 site amenity points are required to be provided, some from each category. A total of 42 points are proposed, which consist of a clubhouse, commercial outdoor kitchen, outdoor fire ring, public art, (2) picnic areas and a fitness course from the Quality of Life category; a swimming pool & spa, tot lot and (2) sports courts (i.e. pickleball) from the Recreation Activity Area category; 1.25+/- miles of multi-use pathways from the Pedestrian & Bicycle Circulation category; and a bicycle repair station from the Multi-modal category. The holding area will be required to comply with the minimum UDC standards for common open space & site amenities with re-subdivision. Staff recommends as a DA provision that the use of common open space & site amenities is shared throughout the development area between the holding area and the development proposed with this application. The Williams NW gas pipeline crosses the NEC of this site on the Jackson property within a 75’ wide easement. The Calkins Lateral crosses the SW portion of this site within a 60’ wide federal easement (30’ each side of the centerline). The Boise Project Board of Control has agreed to a lesser width of 40’ if the lateral is piped as proposed but will not allow any improvements or landscaping within their easement other than gravel; therefore, a 20’ wide area is proposed within the common area outside of the easement for a 10’ wide pathway with 5’ landscape strips on either side. The Givens Lateral is piped and runs off-site along the west boundary of the site; a 7’ wide easement exists on this site, which is proposed to run along the rear of abutting building lots. The Board will not allow the easement to be located on building lots; therefore, the plat will need to be revised to include this area in a common lot – Staff recommends a 20’ common lot is provided – the Applicant requests only a 7’ wide common lot to accommodate the easement (approval of this request will require a modification to condition #2h). Conceptual building elevations were submitted for the proposed 1- & 2-story SFR detached dwellings and two (2) different barn-style concept elevations were submitted for the clubhouse as shown. The architectural style of the homes will be a mix of contemporary forms and modern farmhouse styles. Building materials range from stone to stucco, and board-and-batten siding with natural colors. Home sizes are planned to be 2,200 s.f. or larger, similar to homes in the surrounding developments. Because homes on lots that face collector streets (S. Farmyard Ave. & E. Holstein Dr.) & arterial streets (W. Victory Rd. & S. Linder Rd.) will be highly visible, Staff recommends the rear and/or sides of 2-story homes on these lots 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. h2 City Council MeetingMay 28, 2024 Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 ZoningAerialFLUM FLUM v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing (Continued from 5-7-2024) for Burnside Ridge Estates (H- 2023-0055) by Kimley Horn, generally located on the south side of W. Victory Rd and the west side of S. Linder Rd., in the NE 1/4 of Section 26, T.3N., R.1W Application Materials: https:Hbit.ly/H-2023-0055 A. Request: Annexation of 123.28 acres of land with R-2 (11.91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts. B. Request: Preliminary Plat consisting of 263 building lots, 33 common lots and one (1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. STAFF REPORT E IDIAN�-- COMMUNITY DEVELOPMENT DEPARTMENT p HEARING May 28,2024 Legend DATE: Continued rom:Ma 7, 2024 f f y I�Pro:ev- Loco'or --- TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Burnside Ridge Estates—AZ,PP H-2023-0055 LOCATION: Generally located southwest of the W. Victory Rd. and the S. Linder Rd. intersection, in the NE 1/4 of Section 26, T.3N.,R.1W. (Parcels: S1226120750; R- _ 831430010; R0831430022; R0831430030; S1226142251; R0831430025; S1226110575) (2365 W. Victory Rd.; 3605, 3801 &4005 S. Linder Rd.) I. PROJECT DESCRIPTION Annexation of 123.28 acres of land with R-2(11.91 acres),R-4(89.55 acres)and R-8 (21.82 acres)zoning districts; and preliminary plat consisting of 263 building lots,3-3 32 common lots and one(1)other lot,which is a holding area for future re-subdivision,on 121.31 acres of land in the R-2,R-4 and R-8 zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 121.31-acres Future Land Use Designation Low Density Residential(LDR)(41.2-acres)&Medium Density Residential (MDR)(80-acres) Existing Land Use Rural residential/agricultural Proposed Land Use(s) Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-2(Low Density Residential),R-4(Medium Low-Density Residential)&R- 8(Medium Density Residential) Lots(#and type;bldg/common) 297 lots(263 building/3-3 32 common/1 other) Phasing plan(#of phases) 4(*holding area for ftAure re subdivision) Number of Residential Units(type 263 single-family detached units of units) Pagel Density(gross&net) 2.62 units/acre overall,not including holding area(gross) [LDR-2.81 units/acre;MDR— 1.78 units/acre(without holding area and 2.27 units/acre with holding area lots —see analysis in Section V for more information. Open Space(acres,total 11.53 13.36-acres(502,252 581,836 s.f.) buffer/qualified) Amenities Clubhouse,commercial outdoor kitchen,outdoor fire ring,public art(3), picnic areas(2),fitness course,swimming pool and spa,tot lot,sports courts (pickleball)(2),multi-use pathways(3),bike repair station Physical Features(waterways, The Calkins Lateral runs across the southwest corner of this site and the Givens hazards,flood plain,hillside) Lateral runs along the western boundary of the site. The Williams Northwest gas pipeline crosses the northeast corner of this site. There is significant topography on this site dropping down 23'to the south&west from the lateral &dropping down 14'from the lateral to the north. Neighborhood meeting date 10/12/23 History(previous approvals) ROS#2409(1993);Lots 1-3,Block 1,Basslin Ridge Estates;H-2021-0070 (Burnside Ridge Estates—denied) B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • TIS(yes/no) Yes • Level of Service(LOS) Functional PM Peak Hour PM Peak Roadway Frontage Classification Traffic Count Hour Level of Service Linder Road Better than Between Overland None Minor Arterial 268 „E„ Road&Victory Road Linder Road-South of 1,322-feet Minor Arterial 274 Better than Victory Road "E" *Acceptable level of service for a two-lane minor arterial is"E"(575 VPH). • Existing Conditions Linder Rd. is improved with 2-travel lanes,24' of pavement&no curb,gutter or sidewalk abutting the site.There is 64' of ROW for Linder Rd.—40' from centerline.Victory Rd.is improved with 2-travel lanes,22' of pavement&no curb,gutter or sidewalk abutting the site.There is 55' of ROW for Victory Rd.—25' from centerline. Page 2 • CIP/IFYWP Capital Improvements Plan(CIP)f Integrated Five Year Work Plan(IFYWP): • Victory Road is scheduled in the IFYWP to be widened to 3-lanes from Linder Road to Meridian Road with the design year in 2026 and the construction date has not been determined. • Ten Mile Road is scheduled in the IFYWP to be widened to 5-lanes from Victory Road to Overland Road and includes Bridge#1181 over the Calkins Lateral and is currently under construction. • The intersection of Ten Mile Road and Victory Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout and is currently under construction. • The intersection of Overland Road and Linder Road is scheduled in the IFYWP to be widened to 5-lanes on the north leg,5-lanes on the south,6-lanes on the east,and 6-lanes on the west leg as part of the Linder Road widening project from Overland Road to Franklin Road. The design year is scheduled for 2022 and the construction date has not been determined. • Victory Road is listed in the CIP to be widened to 3-lanes from Ten Mile Road to Linder Road between 2036 and 2040. • Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Amity Road between 2036 and 2040. • Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Overland Road between 2036 and 2040. • The intersection of Victory Road and Linder Road is listed in the CIP to be reconstructed as a single lane roundabout between 2036 and 2040. • The intersection of Amity Road/SH-69 is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg and signalized between 2031 and 2035. Access(Arterial/Collectors/State One(1)access is proposed via W.Victory Rd.,a minor arterial street;and Hwy/Local)(Existing and Proposed) two(2)accesses are proposed via S. Linder Rd.,a residential arterial street. Internal local streets are proposed. Proposed Road Improvements The Applicant is required to dedicate additional ROW to total 50' from centerline of Linder Rd.plus a 3' gravel shoulder&the construction of a 5'wide detached sidewalk.Additional ROW totaling 39' from centerline of Victory Rd.is required to be dedicated for improvement of Victor Rd. with 17'of pavement from centerline plus 3'wide gravel shoulder and the construction of 5' wide detached sidewalk.A westbound left-turn lane is required to be constructed on Victory Rd. Fire Service • Distance to Fire Station 1.4 miles from Station 6 • Fire Response Time Project falls in an area where the FD doesn't have total response times that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability 84%from Station#6—does meet the targeted goal of 80%or greater. • 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 West Ada School District No comments received Wastewater • Distance to Sewer Services Available at site • 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 Page 3 • Distance to Services Water available at site. • Pressure Zone 5 • Estimated Project Water ERU's See application • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B of this report. C. Project Maps Future Land Use Map Aerial Map Legend g Leend IffII Pro�ee= Lxa=o� ensity II Project Laco�ior Y.� I ------ '`n"t�al i I I High�Crrsity� �� �. Residential um Density _ x Residential hl," i TALI-.N Zoning Map Planned Development Map Legend x Tl'1- Legend ff R- ff ProjeaJ Lac❑=or. I0Prcjeat Laeaiar --- R — PiannL-d Parcels R1 ].!V -11 — —V R R i RUT R-4 R- RLI R1 R-� - Page 4 III. APPLICANT INFORMATION A. Applicant: Nicolette Womack,Kimley-Horn—950 W. Bannock St., Ste. 1100,Boise, ID 83702 B. Owners: Linder Holdings— 1681 S. Kimball Way, Boise,ID 83709 C. Representative: Hethe Clark, Clark Wardle—251 E. Front St., Ste. 310,Boise,ID 83701 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 3/19/2024 4/21/2024 Radius notification mailed to property owners within 300 feet 3/15/2024 4/19/2024 Public hearing notice sign posted 3/21/2024 4/18/2024 on site Nextdoor posting 3/19/2024 4/19/2024 V. COMPREHENSIVE PLAN ANALYSIS FUTURE LAND USE: Approximately 41.2-acres of the eastern portion of this property is designated Low Density Residential(LDR)and approximately 80-acres of the western portion is designated Medium Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan (see map above in Section II.C). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails,and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The 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 north/south and east/west segments of the Roadway to Bikeway Master Plan along the west and south boundaries of the site. The section of W. Victory Rd.between Linder and Meridian Roads is within the corridor improvement project,which includes widening of Victory to 3-lanes and constructing enhanced pedestrian and bike facilities on both sides of the roadway as per the adopted Bike Master Plan and the 2020 Capital Improvement Plan(CIP). The long-range transit plan Valley Connect 2.0 has a route extending along Linder Rd.planned in the Growth Scenario(pg. 49). Therefore,Valley Regional Transit(VRT) requests a standard bus stop(size small)with a concrete pad 10' x 10' is provided along N.Linder Rd.just south of E.Pivot Dr. The Page 5 purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite(see comments in Section IX.I below for more information). This project lies within the South Meridian Transportation Plan. The Plan recommends that Linder Rd. is constructed as a 5-lane minor arterial roadway and this segment of Victory Rd. is constructed as a 3-lane minor arterial roadway. The Plan also recommends the construction of a multi-lane roundabout at the Victory Rd. and Linder Rd. intersection. A Traffic Impact Study(TIS)was completed for this development in 2021 which estimates 2,513 vehicle trips per day; 255 vehicle trips per hour in the PM peak hour. PROPOSED DEVELOPMENT: The subject property is proposed to develop with 263 single-family detached homes at a gross overall density of 2.62 units/acre,not including the holding area at the southwest corner of the site.A gross overall density of 2.5 units/acre is proposed with the holding area included. The LDR designated area has a gross density of 2.81 units per acre,which is consistent with the density desired in LDR designated areas. The MDR designated area without the holding area has a gross density of 1.78 units per acre and 2.27 units/acre with the holding area lots depicted on the concept plan,which is below the density desired in MDR designated areas. Per the Comprehensive Plan, "Future land use designations are not parcel specific. An adjacent abutting designation when appropriate and approved as part of a public hearing with a land development application, may be used.A designation may not be used however, across planned or existing collector or arterial roadways,must not be used on a parcel not directly abutting the designation, and may not apply to more than 50%of the land being developed. All other changes to designations must be approved through a Comprehensive Plan Map Amendment." Accordingly,the Applicant proposes to apply the abutting LDR FLUM designation to the west to a portion of the MDR designated area that lies west of the collector street(S.Farmyard Ave.) and the LDR designation on the eastern portion of the site to the portion of the MDR designated area that lies east of the collector street(see exhibit below).The proposed use of the abutting LDR designations does not apply to more than 50%of the land being developed.With this change,the total expanded LDR area, including the holding area, consists of 48.53-acres with a gross density of 2.40 units/acre,which is consistent with the density desired of 3 or fewer units/acre. The remaining MDR designated area on the northern portion of the site consists of 31.47-acres with a gross density of 2.64 units/acre,which when rounded up as allowed, complies with the minimum density of three(3)units/acre. Staff is supportive of the Applicant's proposal for decreased density in the areas proposed as it allows for larger lots along the west boundary of the subdivision adjacent to large rural/agricultural lots and provides a good transition in density. Page 6 �I�__L1 _LJ MDR 31.47ac 83 lots T --f T-1TF17- -- -- '2.64 dulac I ' L l- —1 1 IL `U - No holding area lots LDR area west of Farmyard Ave is 26.07ac,which is less Z�/ than 50%of total area west of I Farmyard Ave s- 7 LF L] LDR - -91.83ac `�� ✓ _----� -7 T1180lots wlo holding area-1.96 dulac wlo holding area �J I y - II 11 ✓✓ �, \ 'Y I I -220 lots wl holding area �� / \✓ l -- -I , I—� -2.40 dulac wl holding area I, Holding Area � I I - a I -- - --� -- - - _7 7 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) Only one (1) housing type, single-family detached dwellings, is proposed within this development. Including a variety of housing types would increase the density of the development and a lower density is desired by the Applicant and adjacent neighbors. • "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 to the site, except for the holding area (water is available but sewer is not), and can be extended by the developer with development in accord with UDC 11- 3A-21. Page 7 • "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 larger lot sizes on the western periphery abutting large rural parcels designated LDR provides a transition of 2-2.5:1, which should be compatible with adjacent uses. The 0.25+/-acre lots proposed adjacent to the Wood, Sandquist and Coleman properties, although smaller, also provide a transition to larger rural parcels to the north (i.e. 5-6:1). The Commission and Council should rely on testimony from these neighbors to determine if enough transition is being provided. • "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) Sidewalks are proposed along all public streets within the development, which will provide pedestrian connectivity to adjacent subdivisions. No pedestrian connections exist to this property from adjacent rural residential properties. • "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. The holding area will be re-subdivided in the future as sewer service is not able to be provided at this time. • "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 systems for the existing homes should be removed; wells may be utilized for irrigation purposes. The property owner(Colleen Kelly)at 3801 S. Linder Rd. requests Council approval to retain use of the existing well and septic system until such time as the home is removed with Phase 4 of the development. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity."(6.01.02B) There are currently five (5) existing driveways via Linder Rd. and four(4) existing driveways via Victory Rd., which will be closed upon development of the property, which will reduce access points to the arterial roadways. North/south and east/west collector streets are proposed with this subdivision, which will provide future vehicular connectivity to the south and to the west. Page 8 VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 123.28 acres of land with R-2 (11.91 acres),R-4 (89.55 acres)and R-8 (21.82 acres)zoning districts. The proposed density of the development is consistent with the corresponding FLUM designations of LDR and MDR 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. The R-2 (low-density residential)zoning is proposed along the western property boundary of the subdivision as a transition to the 5-to 10-acre rural residential lots in Stetson Estates subdivision, designated Low Density Residential(LDR) on the FLUM. The R-4(medium low-density residential) zoning is proposed along the southern, eastern and northeastern boundaries of the subdivision adjacent to rural residential/agricultural properties also designated LDR. The R-8 (medium-density residential) zoning is proposed internal to the development where the smallest lots are proposed. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 263 single-family residential detached homes and associated common area and public streets (see Section VIII). Single-family detached dwellings are listed as a principal permitted use in the R-2,R-4 and R-8 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): History:In 2021, a previous annexation and preliminary plat application (H-2021-0070)for this property was denied by City Council due to it not being located in an area the City prioritized for near- term growth and the additional burdens it would place on City services, including but not limited to, public safety services, and on local roads. Thus, the annexation was found to not be in the best interest of the City. The previous plat did not include the 2-acre parcel at the northeast corner of the site and lots were proposed in the "holding"area; it also included larger lots adjacent to the Calkins Lateral. Comparatively, the previous plat consisted of a total of 275 building lots; the proposed plat, with the lots shown on the conceptual development plan for the holding area and the additional 2-acre area with 5 building lots, consists of a total of 303 building lots. The proposed preliminary plat consists of 263 building lots,33 32 common lots and one(1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. A conceptual development plan was submitted for the holding area, included in Section VIII.F below,that depicts 40 building lots on 21.05-acres of land at a gross density of 1.90 units/acre in the R-2 and R-4 zoning districts. Future re-subdivision of the holding area(i.e.Lot 11,Block 7) should generally comply with the layout shown on the conceptual plan. The holding area should be re- subdivided prior to issuance of any building permits for that lot.Note: The holding area is not currently serviceable by City sewer and won't be for quite some time until the temporary lift station on Ten Mile and the 15"trunk line to the lift station is constructed. The minimum lot size in the R-2 zoned area is 18,993 square feet(s.f.) (or 0.44-acre)with an average lot size of 22,168 s.f. (or 0.5-acre). The minimum lot size in the R-4 zoned area is 8,003 s.£ (or 0.18-acre) with an average lot size of 11,023 s.f. (or 0.25-acre). The minimum lot size in the R-8 zoned area is 5,508 s.f. (or 0.12-acre)with an average lot size of 7,628 s.f. (or 0.17-acre). Page 9 Phasing Plan: The subdivision is proposed to develop in four(4)phases per the phasing plan in Section VIII.B. These phases are proposed to be final platted by 2025 and built-out by 2030. The first phase includes the northern portion of the collector street via W. Victory Rd. and a local street access via S. Linder Rd. and is located on the northeast portion of the site. This phase is proposed to include all of the street buffer improvements, including sidewalk, along Victory and Linder Roads. The second phase is located on the northwest portion of the site and includes the southern portion of the collector street. The third phase is located along the southeast portion of the site. The fourth phase is the Kelly property and is located along the east side of the development between phases 1 and 3 and fronts on Linder Rd. Staff recommends the phasing plan is revised prior to the City Council hearing to include the holding area lot (i.e. Lot 11,Block 7)in Phase 3.A revised phasing plan was submitted as requested. Existing Structures/Site Improvements: There are five(5)existing homes and accessory structures on the property, four(4) of which will be removed prior to development of the phase in which they are located. The Jackson home at 3605 S.Linder Rd.is proposed to remain on Lot 9,Block 6 and is required to disconnect from their septic system and well and connect to City water and sewer service within 60 days of it becoming available; the well may be used for irrigation purposes. The address will also be required to change and access should be taken internally from within the development and the existing driveway via Linder Rd. removed. The property owner(Colleen Kelly) at 3801 S.Linder Rd. requests Council approval to remain on well and septic until her property re-develops with Phase 4 as utilities will not be accessible until at a minimum Phase 3.Retention of the existing access via Linder Rd.is also requested until such time as the property redevelops. The property owner is amenable to installation of the Linder Rd. street frontage/buffer improvements,including the sidewalk, on her property with Phase 1. Because the home is allowed to remain on the site until the(final plat)phase in which it's located is signed by the City Engineer, at which time the home is required to be removed, Staff is amenable to this request and proposes a DA provision to that effect. Inclusion of this parcel within the development will ensure consistent streetscape improvements along Linder Rd. and prevent an outparcel within the project. Approval of the allowances requested by the property owner will ensure she can retain a similar lifestyle until such time as the property redevelops. Dimensional Standards (UDC 11-2): The proposed plat and future development is subject to the dimensional standards listed in UDC Tables I1-2A-4 for the R-2 district, 11-2A-5 for the R-4 district and 11-2A-6 for the R-8 district, as applicable. 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,block face and cul-de-sacs. The following block faces exceed the maximum length allowed in UDC 11-6C-3F: Block 7(south side of S.Red Angus Way),Block I (west side of S.Moline Way),Block 5(north side of E.Pivot Dr.) and Block 10(south side of E.Pivot Dr.). Staff recommends the plat is revised to comply with the maximum block face standards and/or a request for City Council waiver(s)to the standards is submitted prior to the City Council hearing.Note:Block face is measured from the near edge of right-of-way to near edge of right-of-way of streets per UDC 11-6C-3F.S. The Applicant opted not to revise the plat to comply with the block face standards and requests approval of a Council waiver to exceed the maximum block face allowed on all of the block faces with the following justifications: • West block face of Moline W4(1,507') Justification: The west block face of Moline Way includes only 15 single family detached lots, of which 8 are 0.5-acres or larger. A block face of similar length in an R-8 zoned area could include up to 30 single family detached lots. The developer has worked closely with the Page 10 neighbors (a lame lot County subdivision) and those neighbors have specifically requested that this development not include an ACHD stub street to the west, and the ACHD Staff Report did not condition the project to provide one. The project provides a pathway connection within Lot 29 between the Calkins Lateral and Moline Way. • North block face of Pivot Drive (1,281'j Justification: Pivot Drive intersects International Way at a 90d angle—955-ft west of Siphon Avenue,and we believe this is a break in the Pivot Drive block face.Additionally,Lot 5 will front Pivot Drive and Lot 4 will front International Way. • South block face of Pivot Drive (1,340'j Justification: Block 10, Lot 9 is a common lot connecting to Block 10, Lot 24 and ultimately to Drawbar Street. A public roadway connection between Pivot Drive and Drawbar Street is impractical considering the location of the Phase 3 &Phase 4 boundary which coincides with an existing property line. A public street connection does not benefit the Drawbar Street block face since Drawbar Street is significantly shorter Pivot Drive. • South block face of Red Angus Way_(1,422') Justification: Block 7 Lot 29 is a common lot with a pathway. There is a considerable grade change beginning at Red Angus as you move further southwest which makes including a road stub impractical. I I I II If I I I iyI l� I I •f.s. \ i i I H r r-III _r Council should consider requiring traffic calming measures and/or additional pedestrian connections as provisions for a waiver(s). Page 11 Access: There are five (5)existing driveways via Linder Rd. and four(4)via Victory Rd. that will be closed with development of the proposed subdivision.A new north/south collector street(S. Farmyard Ave.)is proposed via W. Victory Rd., a minor arterial street, and a new east/west collector street(E. Holstein Dr.)is proposed via S. Linder Rd., a residential arterial street, along the southern boundary of the property. A letter of cooperation was submitted from the adjacent property owner to the south (Providence Properties,LLQ in regard to construction of the collector street on the shared property, line between the two properties. Another local street access(E. Pivot Dr.)is proposed via S. Linder Rd.to the north of the collector street. Internal local public streets are proposed for access within the development. Traffic calming is proposed within the development by providing chokers on local streets where micro- path connections are proposed and stamped concrete and bulb-outs at 4-way intersections on the internal collector streets. The ROW for S.Farmyard Ave. should be extended to the site's east property line as required by ACHD for future access to the collector street for the Coleman property located at 1995 W. Victory Rd.With re-subdivision of the holding area,the north/south collector street will extend to the southern boundary and the east/west collector street will extend to the western boundary of the subdivision for future extension. East Guernsey St.,which provides access to Lots 5,6 and 8-9,Block 6 at the northeast corner of the development,is required to comply with ACHD standards and have a turnaround that meets Fire Dept. standards, as follows: 60, 20't TYR, 26' 120'HAMMERHEAD Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. The Pathways Master Plan(PMP)depicts segments of the City's 10-foot wide multi-use pathway system along the north side of the Calkins Lateral, along the east side of the north/south collector street(S. Farmyard Ave.) and along the southern boundary of the site along the collector street(E. Holstein Dr.). The pathway and associated landscaping should be located outside of the Boise Project Board of Control's easement for the Calkins Lateral,unless otherwise allowed. A minimum 14-foot wide public use easement is required for all pathways required in the PMP unless they're located within road ROW; such easements should be submitted with the final plat application for the phase in which they're located and be recorded prior to signature on the final plat by the City Engineer. 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 abutting 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 W.Victory Rd. and S. Linder Rd.,both arterial streets,measured from ultimate back of curb location; and 20-foot wide street buffers are required along collector streets(S. Farmyard Ave. &E. Holstein Dr.)per UDC Tables 11-2A-4, 11- 2A-5 and 11-2A-6(a 20' buffer isn't required along the east side of the northern portion of Farmyard where there isn't adequate area for a buffer). Landscaping is required within the street buffers and Page 12 parkways in accord with the standards listed in UDC 11-3B-7C.3.Where 6-foot wide parkways with Class II trees are proposed,root barriers are required per the standards in UDC 11-3A- 17E.2.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 maintained by the property owner or homeowner's association. Landscaping(a mix of trees,shrubs,lawn,and/or other vegetative groundcover)is required along all pathways in accord with the standards listed in UDC 11-3B-12C; revise the landscape plan accordingly. All common open space areas are required to include a minimum of one(1)deciduous shade tree for every 5,000 s.f. of area and include a variety of trees,shrubs,lawn, or other vegetative groundcover in accord with UDC 11-3G-5B.3. The landscape plan should depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. There are several existing trees on the site that are proposed to be removed that require mitigation in accord with the standards listed in UDC 11-3B-10C.5.A mitigation plan was submitted, included in Section VIII.C,that depicts compliance with the aforementioned standards.A total of 313 caliper inches of trees are required for mitigation; a total of 314 caliper inches of replacement trees are proposed in accord with UDC standards. Common Open Space(UDC 11-3G-3): Common open space is required to be provided for the development based on the area of each proposed zoning district. The common open space for the holding area on Lot 11,Block 7 will be evaluated with re-subdivision of the lot. Based on 8.27-acres for the R-2 district,which requires 8%; 72.14-acres for the R-4 district,which requires 12%; and 21.82-acres for the R-8 district,which requires 15%, a minimum of 12.59-acres (or 548,420 s.f.) of common open space is required to be provided that complies with the quality standards listed in UDC 11-3G-3A.2 and the qualified open space standards listed in UDC 11-3G-3B. An revised open space exhibit was submitted as shown in Section VIII.D that depicts common open space totaling 11.53 13.36-acres (38-2,252 581,836 s.£),which is 4-.06 0.77-acres(or 46,174 33,416 s.f.) bele over the required amount and inel des areas that don't meet the^ alifio^tions f"sue sueh:n T TPG !1 3 G 3B.Areas that don't qualify inelude the following-. Lot 19,Bleek 10, Lot 9,Bleek 11 and Lot 7, Bleek 6 as they don't seem to have been integFated into the develepfnea4 as a pi4er-ity a-ad appear-to be FeffmafA areas;the eoffffnen lots eneempassed by the Calkins Later-al easefnen4 as the Boise PFejee Beafd of Gentfol doesn't allow their-easemeftt to be latidseaped(only gr-avel is allowed within their- easement); and eetwnen lots for-mier-e paths that afe below 20' in width. These areas should be remove ffem the qualified open spaee ealetilations. PaFkways along loea4 stfeets may be eoumed if they meet the standar-ds listed in UDG 11 3 G 3 B.4. The eetwnan area etitside of the Calkins Later-a!where Qualified open space areas consist of open grassy areas of at least 5,000 s.f. in area, the linear open space along the Calkins Lateral easement that includes a 10' wide multi-use pathway and associated landscaping, linear open space areas that are at least 20' and up to 50' in width that have an access at each end and are improved and landscaped in accord with the standards listed in UDC 11-3B, 100%of the landscape buffers along collector streets and 50%of the buffers along arterial streets if they meet the enhanced buffer requirements in UDC 11-3G-3B.3, a community garden and parkways along local residential streets if they meet the standards listed in UDC 11-3G-3B.4. Staff r-eeemmeads the open spaee exhibit is revised prior-to the City Gouneil hearing to inelude ehanges th4 demeastr-me eemplianee with the minimum ^'ified open e standards.A revised open space exhibit was submitted that meets the minimum standards. Site Amenities(UDC 11-3G-4): Site amenities are required to be provided within the development based on the gross land area of the development as set forth in UDC 11-3G-4.A minimum of one(1) Page 13 point of site amenity is required for each five (5)acres of gross land area; for projects 40-acres or more in size, multiple amenities are required from the separate categories listed in UDC Table 11-3G-4. Based on 100.26-acres of land, a minimum of 20 site amenity points is required to be provided; qualified site amenities and associated point values are listed in UDC Table 11-3G-4. The site amenities for the holding area on Lot 11,Block 7 will be evaluated with re-subdivision of the lot. The following site amenities with associated point values are proposed: Quality of Life Amenities Clubhouse(9,500+/-s.£)—6 pts. Commercial outdoor kitchen—2 pts. Outdoor fire ring— 1 pt. Public art—Livestock,grain bin&heritage garden farm equipment sculptures (3)—3 pts. Picnic area on a site 5,000 s.f. or greater in size with tables, shade&benches(2)—4 pts. Fitness course—2 pts. Recreation Activity Area Amenities Swimming pool&spa—4 pts. Tot lot— 1 pt. Sports courts,paved(2)(pickleball)—8 pts. Pedestrian&Bicycle Circulation Amenities Multi-use pathways (1.25+/-mile)— 10 pts. Multi-modal Amenities Bicycle repair station— 1 pt. The proposed amenities should comply with the associated standards listed in UDC 11-3G-4C,D, E and F.Amenities are proposed from the Quality of Life,Recreation Activity Area, Pedestrian& Bicycle Circulation and Multi-modal amenity categories as required; to be provided ftem the Multi modal eateger-y the Applieat#should idea4ify what this amenity will be pFieF to the CConed hear-^^. Amenities totaling 44-42 points are proposed,which are more than twice as many as required. Staff recommends as a DA provision that the use of common open space& site amenities is shared throughout the development,including the holding area. 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. Williams Pipeline: The Williams Northwest Gas Pipeline crosses the northeast corner of this site on Lot 9,Block 6 within a 75-foot wide easement as depicted on the preliminary plat. Any development and/or improvements within the easement should comply with the Williams Developer's Handbook. Waterways: The Calkins Lateral crosses the southwest portion of this site within a 60' wide federal easement(30' each side from centerline)—the plat currently depicts a 40' wide easement and should be revised to accurately reflect the width of the easement or approval should be obtained for a reduced easement. The Boise Project Board of Control submitted updated comments that agree to a reduction of the easement from 60' to 40' total(20' each side from centerline of the new pipe to be installed) fthe lateral is piped as proposed. Page 14 The Givens Lateral runs along the west boundary of the site; a 7' wide easement exists on this site, which is proposed to run along the rear of adjacent building lots—the lateral itself lies on the abutting property to the west and is piped. Consent should be obtained from the New York Irrigation District (NYID)for the 7'wide easement to be located on adjacent building lots and perimeter fencing to be installed on the property line within the easement; otherwise,the easement should be placed in a minimum 20-foot wide common lot,which could be counted toward the qualified open space requirement if landscaped in accord with the standards in UDC 11-3G-5B. The NYID gave authority to Boise Protect Board of Control(BPBO to administer their easement; the BPBC will not allow anything within the easement and will not allow it to encroach within abutting building lots. 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 proposes to pipe the Calkins Lateral through the site. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and I1-3A-7, as applicable. The landscape plan depicts privacy fencing adjacent to common open space lots and the perimeter boundary of the site but doesn't include a detail of the fencing type and height. Fencing details should be depicted on the landscape plan submitted with the final plat application(s). Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. City water and sewer service is available to be extended to serve this development, except for the holding area at the southwest corner of the site. Sewer service will not be available to serve the holding area for quite some time until the temporary lift station on Ten Mile and the 15"trunk line to the lift station is constructed. City Council may determine it's not in the best interest of the City to annex this property until such time as the entire property can be developed and serviced by the City with both water and sewer services. The property owner to the south(Providence Properties, LLQ submitted a letter of cooperation to enter into a joint venture agreement for the construction,use and maintenance of the regional lift station to be built in the northwest corner of Tessera Ranch with each developer paving for the lift station based on a pro-rata share of the number of lots contributing to the sewer lift station. The subject property will provide the sewer route through this development to accommodate the pressure line to tie into the Ten Mile lift station. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Gravity irrigation is provided by Boise Project Board of Control via the Calkins Lateral. A pump station and adequate storage for peak demand will be constructed onsite for pressure irrigation service. 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: Conceptual building elevations were submitted for the proposed I-and 2-story single-family detached dwellings and two(2) different barn-style concept elevations were submitted for the clubhouse as shown in Section VIII.E. The architectural style of the homes will be a mix of contemporary forms and modern farmhouse styles. Building materials range from stone to stucco,and board-and-batten siding with natural colors. Home sizes are planned to be 2,200 s.f. or larger, similar to homes in the surrounding developments. Page 15 Because homes on lots that face collector(S.Farmyard Ave. &E.Holstein Dr.) and arterial(W. Victory Rd. & S.Linder Rd.)will be highly visible,Staff recommends the rear and/or sides of 2- story homes on these lots 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. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse structure to ensure it complies with the design standards in the Architectural Standards Manual and UDC standards. 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 April 4,2024. 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: Hethe Clark, Clark Wardle(Applicant's Representative) b. In opposition:None C. Commenting: Paula Connelly and Darcie Dillie d. Written testimony: None e. Staff presenting gpplication: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Concern pertaining to smaller lots and higher density developing in the future on the holding area lot. 3. Ke, ids)of discussion by Commission: a. Desire for the Applicant to leave the Calkins Lateral open as linear open space and for wildlife; another Commissioner felt it was better to pipe the lateral to reduce evaportation of irrigation water and for efficient. b. Preference for Phase 4 to be included in Phase 3; c. Appreciation of the transition in density_proposed from lardparcels, d. In favor of the proposed amenities and farm-style theme proposed for the development. 4. Commission change(s)to Staff recommendation: a. Modification to DA provision#A.If to clarify that the holding area on Lot 11,Block 7 shall only be developed when municipal services are available to the site as requested by the Applicant. 5. Outstanding issues for City Council: A. The Applicant requests City Council approval of a waiver to the maximum block face standards in UDC 11-6C-3F for four(4)block faces as noted in the staff report (condition#A.2e). Council may require traffic calming measures and/or additional pedestrian connections as provisions for a waiver. b. The Applicant request City Council amend condition#A.2h to require a 7-foot wide instead of a 20-foot wide common lot for the Givens Lateral easement along the western boundary of the site. C. The Meridian Citv Council heard these items on May 7,2024.At the public hearing,the Council moved to continue the project to the May 28t1i hearing. Page 16 1. Summary of the City Council public hearing: a. In favor: Hethe Clark. Clark Wardle(Applicant's Representative):David Moorehouse b. In opposition:None C. Commenting: Tina Dean: Paula Connelly: Chris Haves: Julie Langlois d. Written testimony: Several letters of testimony were submitted(see public record) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Request for the holding area to be approved with lot sizes consistent with adiacent ropsertv sizes&approve the Applicant's request for a 7-foot wide common lot where the Given's Lateral is located- b. In support of the large lot sizes proposed which will accommodate larger home sizes for diversity within the City: C. Request for a barrier to be installed with a"no trespassing' sign at the end of the multi- use pathway at the west boundary of the site: and safety concerns pertaining to poor visibilitv of the common area where the Calkins Lateral is located near the west boundary of the site where it curves to the west. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 17 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map V v;s - Z � 0 Z � ODK��O CCK O - N - - I I I w�j Y Page 18 LAND S1RVBY'IKG KLO N -- l�32 Client: Kimley Horn Date: February 15,2024 01F Job No.:9519 y RD � ANNEXATION PROPERTY DESCRIPT10N A parcel of land being the W 112 NE 114 and a portion of the SE 1?4 NE 114 and a portion of the NE 114 NE 114 and all of Lots 1,2 and 3 of Basslin Ridge Estates as on file in Book 64 of Plats at Page 6469 in the Office of the Recorder of Ada County, Idaho, all located in Section 26,Township 3 North, Range 1 West, Boise Meridian,Ada County Idaho, more particularly described as follows: BEGINNING at a found Brass Cap marking the NW corner of said NE 114, (North 114 corner),from which a found Aluminum cap stamped"PLS 17665"marking the NE comer of said NE 114, (Section corner common to Sections 23,24,25 and 26)bears S.89'06'38"E., a distance of 2655.71 feet; Thence along the Northerly boundary of said W 112 NE 114, S.89'06 38"E.,a distance of 1329.23 feetto the NE corner of said W 112 NE 114,(East 1lle corner common to sections 23 and 26); Thence along the Easterly boundary of said W 112 NE 114,S.000 33'37"W.,a distance of 1326,54 feet to a found 518-Inch diameter iron pin with Illegible cap marking the Northwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin Ridge Estates,S. 89108'36'E.,a distance of 798.19 feet; Thence Ieaving the Northerly boundary of said Basslin Ridge Estates, N, 000 37' 19'E.,a distance of 165.10 feet; Thence S. 89°03'39"E., a distance of 527.88 feet to the east boundary of said NE 114 NE 114; Thence along the east boundary of said NE 114 NE 114, S.000 37'17'W.,a distance of 164.34 feet to the NE corner of said SE 114 NE 114, (North 1116 comer common to sections 25 and 26); Thence along the Easterly boundary line of said 5E 114 NE 114, S-00137' 17"W.,a distance of 1325.94 feet to the SE corner of said SE 114 NE 114,(East 114 comer); Thence along the Southerly boundary of said SE 114 NE 114, N,89011'N'W.,a distance of 1325.93 feet to the Southeast corner of said of said SE 114 NE 114, (Center east 1116 comer); Thence along the Southerly boundary of the W 112 NE 114, N.990 10'56'W.,a distance of 1326.91 feet to a found 5/9-inch diameter iron pin with cap stamped°PLS 6WV marking the Southwest comer of said W 112 NE 114, (Center 114 comer); Thence along the Westerly boundary of said W 112 NE 114. N. 00'33'35"E.,a distance of 2655.21 feet to the POINT OF BEGINNING, This parcel contains 123.28 acres more or less. 623 1 lth Ave.South,Nampa,ID 83651 T.(208)442-01 15 C.(208)608-2510•rgray.clK&gmai[.cam Page 19 H 151T LOCATED IN THE NE114 OF SECTION 26, T. 3 N- R. 1 W., B.M., ADA COUNTY, IDAHO WhAa Mountain 2024 Raacl; Subdi0slon Majestic View Subdivision Bk_ 56 Pg- Bit S1 Pg. 6110-6111 5615-5816 i�Of 9EARgVli9 1 p � SA9916'3$"E ?f56.71' 23 — —S 89°4fi 98'E 1328.23'— _-.— L . al!ytC71o8x i�aM w 4 POINT OF N.v4 r t�1blhComa 1327.48' 2 2 BEGINNING � � LEGEND � Calculated poml Fmind brass cap monument co (E) Found:aluminum cap marlu menl Found"inch dig,iron pin w� z ka' UNPLATTED N 00°37'19'E i I t 577�a� � # NE 1+1%Cowu .19 N 1116tl1 Carver I DS w � .area;5,370AW s.f.t Ida �i 123a xres x fi v I ED A E 0 C 114"eer CIE 10191h Oww E 19 Q0 o N 89°1 Q'S6"V4 132fi,91' N 69°11'36"�4 1325,93"� f 26 25 UNFLATT'ED kO 1 a<q to q� 77 �TM �w O1r ' lip k a o 5X 1000 COMPASS LAND SURVEYING, PLL JN 9519 Scale:1'=5W 623 11th Avenue South Nampa, ID 83651 File,9519-Annexation Exhibil 02-15-2024.dwg Office; (208)442-0115 Fax:(208)327-2106 Page 20 C C %A�l LAND SiRYVYING PLLC Client,(C"rrniey Horn Date:January 24,2024 JDb No.:9519 Ra:,Jackson Ridge Estates REZONE S2 PROPFRTY D17SCRIPTICN A parcelof land being a pottlon of the W 112 HE M.Sactlon 26.Township 3 North,Range T 1West,EoLse MeriolIan,Ada County Idaho,more particularly descdbed as follows: 9MINNING at€s found Mass Cap reaWng the NW corner of said NE 114,(North 114 cornw),ftm which a found Aluminum cap stamped'Pt_S 17665'marking the NE cornsf of said ME 1Id,(section corner cornnion to Sections 23,24,25 and 26)bears S.89'06'38'E_,a discs race of 2655.71 feet; Thence along the Nof herly botrn-dary of sett#W 112 NE 114,S.89,06'38"E.,a dlstafiea of 176.02 feet Thonco leaving said Northerly boundary,S.00"5T 22'W.,a distance of 64.00 feet; Thence S.2311 43'26"E„a distance of IS8.91 feet; Thence S.OU"33'35"K.a distance of 709.53 feet to the beglnning of a tangent curve left; Thence a distance of 246.91 feet along the arc of said curve left.having a radius of 203.0b feat,a central angle of 69'41'18",the long chord of which bears S.34D 17'W E.,a distance of 231.97 fee#to a p4M on a raverso curve to the right; Thence along said reverse curve to"right,wOh a radius of 456.00 feet and a conlral angle of 01.13'12'. an arc length of 9.71 feet with a chord bearing of S 68131V7'E end a 0ord dlatanee of 0,71 feet; Thence S.22'05'2W W„a distance of 177M feet; Thence S.2311 41'08"W..a distance of 55.03 feet; Thence 5.060 45'54"E.a distance of 254.12 feel to the beginning of a Eton tangent curve left; Thence a distance of 187.58 feet along the erc of said curare left,having a radlus of 130.00 feet,a central angle of 82,40'311,the fan$chard of which bears S.4111 ST 51'W.a distance of 171.73 feet; Thence S_00'33'35'W..a distance of 85.31 feet; Thence N_89,26 25"W.,a distance of 155.00 feet to VM Westerly houndary of said W 112 NE 114; Thence along the Westerly boundary of said W 1f2 NE 114,N.00133'35"E.,a distance of 1794.41 feet to the POINT OF BEGINNING. This parcel contains 8,27 acres more or less. .e Q � 623 11th Are.South,Nampa,fD 83I551 T.(208)4i#2.OI t5-C.(208)608-2510-rgray cis gmail.vom Page 21 EXHIBIT LOCATED IN THE 1N112 NE114 OF SECTION 26, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2024 POINT OF BASIS pF DEARIlms BEGINNING N_imCww S09'86'39'E 2656.7V 26 1C 1�#4'n7i4'!`JBQ� LINE TABLE LEGEND LINE# DIRECTION LENGTH fl Calculated point Li S 89°U6'38'E 116.42' Found brass cap monument L2 S 00'53'22'W 34.0V Found aluminum cap mo nU1rY@11t L3 S 2Y4326'E 158-91' Found�dB inch dla.iron pin L4 S 22'05'2r W 177,OW LO L5 S 23141'Or W 55-OT o L9 S OW45'W E 254.12' a L7 S 00'3335'W 85.31' �r _ r L8 N 89'26'25'W 155(Mr CURVE TABLE 3z" CURVE ROOM DELTA LENGTH EEARFN3 CROM z ZONE R-4 C1 2M-W 069'41'18' 246-91' 834't7WE 231.97' M z 3"Ir / a.l. C2 494.0� XI'13'12' 9.71, S 68'3117'E 9.7T 8.27 saes t v C3 130.0V D874831' 187-V S 41'5351'W 171.73' +s L8 ° O7F�1 0 150 300 6C'o i Scale.1'=300' Ct� COMPASS LAND SURVEYING, PLLC JN 9519 623 11 th Avenue South Nampa, ID 83651 File:9519-REZONE R-2 JACKSON RIDGE 02-1&2024 Office:(208)442.0115 Fax: (208)327-2106 Page 22 M!ASIS LAND SUAvunNo PLLC Client: Kimley Horn Date:January 24,2a24 .lob No.; 9519 Re; Jackson Midge Estates REZONE R-2 HOLDING AREA PROPERTY DESCRIPTION A parcel of land being a portion of the SW 114 ICE 114,located in Section 26,Township 3 North, Range 1 WOFA. 501se Meridian,Ada County Idaho, more particularly described as follows: Corn men cing at a found Brass Cap marking the NW corner of said NE 114, (North 114 corner),from which a found Aluminum cap stamped"PLS 17665"marking the NE corner of said NE 114, (Section corner common to Sections 2-3, 24,25 and 26)bears S.89'06'38" E., a distance cf 2655.71 feet; Thence along the Westerly boundary of said NE 114, S.001,33'35"W.,a distance of 1794.43 feet to the POINT OF BEGINNING; Thence leaving said Westerly boundary line, S. 89'26'25" E.,a distance of 155.00 feet; Thence S. 0"33'35"W,,a distance of 76.67 feet; Thence S. 89'26'25"E.,a distance of 30.00 feet; Thence S. 01 33,35"W,, a distance of 572.36 feet to the beginning of a curve right; Thence a distance of 37.10 feet along the arc of said curve right, having a radius of 200.00 feet, a central angle cf 10"37'41%the long chard of which bears S. 05' 52'26"W., a distance of 37.05 feet; Thence S. 11°11'16' .,a distance of 112.50 feet to the beginning of anon tangent curve right; Thence a distance of 65.99 feet along the arc of said curve right, having a radius of 250,00 feet,a central angle of 15"07'28",the long chord of which bears S. 64"4a' 19" F.,a distance of 65.80 feet to the heginning of a reverse cor+le left; Thence a distance of 139.36 feet along the arc of said curve right, having a radius of 250.00 feet,a central angle of 31°55'21",the Iong chord of which bears S. 73' 12'45" E.,a distance of 137.56 feet to the Southerly boundary line of the SE114 NE114 of said Section 26; Thence along the Southerly Boundary of the SW 114 NE 114 of said Section 26,N. 89' 10'56"W., a distance of a52.72 feet to a found 518 inch Iran Pin with a plastic cap stamped"PLS 69 01"marking the Southwest corner of the SW 114 NE114 of said Section 26(Center 114 of said Section 26); Thence along the Westerly boundary line of the SW 114 NE114 of said Section 26, N. 0°33 3 " E-, a distance of 860.78 feet to the POINT or BEG INNING. t_ Nj) r t� This parcel contains 3.64 acres more or Iess_ a 773 2 ow 623 1 lih Ave.South,Nurnpa,fD 83651 T.(208)442-0115 C.(208)608-2510 - rgray.cl8@ FJDr&. Page 23 EXHIBIT LOCATED IN THE SW114 NE-1/4 OF SECTION 26, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2024 BASIS OF SEARRY09 2326 599-4638'E 2$55.7*' �— 2- ff_114Comer 1F,V!IMAY MD 26 5 � 1 i F� FOINTOF lirj BEGINNING S 139'2625'E 155.00' S 00W35"W 76.6T 0 75 150 300 S 09°2675'E 30.00' Scale;1'=150' CURVE TABLE ro-°�j CURVE RADIUS DELTA LENGTH SEARING CHOkD r CI 2w.06' 010'37'41' FAY S 06 52'26'w 37.105' cA ,w C2 254,OQ 015°47'28' fi5, 5 fid°A9'15`E fi5_ J' BONE R-2 r C3 40.04' 031°66'21' 139.X 873°12'45"E 137-W D3 3.64 acres i f* $ io LEGEND ' LU 1Q' 0 Calc1>121ed point U Found brass cap monument Found aluminum cap monument Found 518 Inch dla.Iron pin 1 r , 2 ca +� 112.50, A- i o $per C 14 COmgr 974.2d' CE 1116%Comer N 89,10,56,W 352.72 COMPASS LAND SURVEYING, PLL Jig!9519 623 11th Avenue South Nampa, ID 83651 File;9619-REZONE R-2 HOLDINGAREA EXHIBIT01-24-2024.dv;g Office:(208)442-0115 Fax:(208)327-2105 Page 24 VZA:f LAmD SuRvmNo PLLC f Client: Kim ley Horn Jab No.:9519 Rev. Date; February 16,2024 He:Jackson Ridge Estates REZONE R-4 HOLDING AREA PROPERTY DESCRIPTION A parcel of land being a portion of the S 112 NE 114, located in Section 26,Township 3 North, Range 1 West, Boise Meridian,Ada County Idaho, more particularly described as fellows; Commencing at a found Brass Cap marking the NW oornerof said NE 1/4, (North 114 corner),from which a found Aluminum cap stamped'PLS 17665'marking the NE corner of said NE 114. (Section comer common to Sections 23,24,25 and 26)bears S. 89"06'38"E.,a distance of 2555.71 feet; Thence along the Westerly boundary of said NE 114, S.00"33'35"W_,a distance of 1794A3 feet; Thence leaving said Westerly boundary line, S.89"26'26" E.,a distance of 155,00 feet; Thence S. 0"33'35"W.,a distance of 76.67 feet; Thence S. 39'26'25"E.,a distance of 30.00 feel to the POINT OF BEGINNING; Thence continuing S_89°26'25"E.,a distanee of 136.95 feet; Thence a distance of 3.01 feet along the arc of said curve right, having a radius cf 4.50 feet, a central angle of 38,21'38",the long chord of which bears N. 71'22'46"E.,a distance of 2.96 feet: Thence a distance of 119.79 feet along the arc of said curve right, having a radius of 69.50 feet,a central angle of 1001 12'00",the long chord of which bears S. 77"42'03'E.,a distance of 105.10 feet; Thence N_ 62'23'57"E.,a distance of 10.00 feet; Thence S_ 89"26'25"E.,a distance c f 112.67 feet; Thence S. 83'35'26"E.,a distance of 100.00 feet; Thence a distance of 79.16 feet along the arc of said curve right,bauing a radius of 694,00 feet, a oentral angle of 066 32'08',the long chord of which bears S. 03'OS'3Q"W_ ,a distance of 79.12 feet; Thence S.77'50'0 1" E..a distance of 350.90 feet; Thence a distance of 1.82 feet along the arc of said curve right, having a radius of 3.00 feet,a central angle of 34'49'07%the long chord of which bears S. 60'25'58"E.,a distance of 1.79 feet; Thence S.43'01'54"E.,a distance of 779.48 feet; 623 11th Ave. South,Nampa,ID 83651 •T.(208)442-0115•C.(203)608-2510•rgmyx1s@gaA.c0nn Page 25 AdNSS LAND SVAVEYDW'M PLZ Kinky-Horn-95191.5urveylDescriptionslRav 12-12-23 Holding Area Rezone R-4 Bowrrlary.doc Page 2 of2 Thence S. 00'48'24"W_,a distance of 50.00 feet to a point en the Southerly boundary line of the SE114 NE114 of said Section 26; Thence along said Southerly boundary line, N.89' 1 T 36 .,a distance of 200,69 feet,to the Center East 1116 Corner of said Section 26; Thence leaking said Center East 1116 Corner and along the Southerly Boundary of the SW114 NE 114 of said Section 26, N_89° 10'56"W.,a distance of 974,20 feet to the beginning of a curve right; Thence leaving the Southerly Boundary of the SW114 NE 114 of said Section 26, a distance of 139.36 feet along the arc of said curve right, having a radius of 250.00 feet, a central angle of 31° 56,21",the long chord of which bears N. 73' 12`45'W_,a distance of 137.56 feet to the beginning of a reverse curve left; Thence a distance of 65.99 feet along the arc of said curve left, having a radius of 250.00 feat,a central angle of 15107'28",the long chord of which bears N. 64'48' 19"W.,a distance of 65.80 feet, Thence non tangent to said curve, N. 11° 11' 16"E.,a distance of 112.50 feet to the beginning of a curve left; Thence a distance of 37.10 feet along the arc of said curve left, having a radius of 200.00 feet, a central angle of 10"37 41",the long chard of which bears N. 05'52'26"E.,a distance of 37.95 feet,- Thence N.0"33'35"E.,a distance of 572.36 feet to the POINT GF BEGINNING. This parcel contains 17.41 acres more or less. LA �N � g e� 3 O I 19 623 11 th Ave.South,Nampa,ID 83651 •T.(208)442-0115 •C.(208)608-2510•rgray,cls@gmail.com Page 26 w W 3: W 3: v W w m o aI m A O CP Iti 4 C }; O T If a rn m co xui a �? J co w r�i ai � � � m J r r E w z _ mn = aco O-z E E p °w 5. f a, r C a LU T w lL� Lk, f c� N W f � V) E ! U3 c" 1 dop CLLU N 0 E _ — O Cl) W 1 itCL L) aLu $ J V} 1 v a uJ lCLIJ `7 pp n N z r OT t O' o r w r r � nll� `N 22 w a r ,� W i o- _ 9£US 3SE.£8400 N u,i 0 _ i z w ti WM� 0 m gn �U- Page 27 d f LAND SURVEYING PLLC { Client: Kimley Horn ,lob No.:9519 Date:February 16,2024 Re:Jackson Ridge Estates REZONE R-4 PART 2 PROPERTY DESCRIPTION A parcel of land being a portion of the NE 114 and a portion of Lot 1, 2 and 3 of Basslin Ridge Estates as on file in Book 64 of Plats at Page 6469 in the Office of the Recorder of Ada County, Idaho,all located in Section 26, Township 3 North, Range 1 VVest, Boise Meridian,Ado County Idaho, more particularly described as foIIaws: Commencing at a found Brass Cap marking the NW corner of said NE 114, (North 114 corner),from which a Found Aluminum cap stamped"PL5 17665"marking the NE corner of said NE 114, (Section corner common to Sections 23,24, 25 and 26)bears S. 991 06'38"E.,a distance of 2665.71 feet, Thence along the Northerly boundary of said NW 114 NE 114,S. 891,06'38"E.,a distance of 1328.23 feet to the NE corner of said NW 114 NE 1/4, (East 1116 comer common to Sections 23 and 26); Theme along the Easterly boundary of said NW 114 NE 114, S. 0011 33' 37"W., a distance of 1326.54 feet to a found 519 inch diameter iron pin with illegible cap marking the Northwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin Ridge Estates, S. 89"08'36" E., a distance of 70.00 feet to the POINT OF BEGINNING: Thence Corktinuing along the Northerly boundary of said Basslin Ridge Estates, S.89"08'36"E-, a distance of 728,19 feet; Thence leaving said Northerly boundary of said Basslin Ridge Estates, N.00'37' 19" E. ai distance of 155.10 feet; Thence S.89"03'39"E., a distance of 527A8 feet to a point on the Easterly line of the E1l2 NEV4 of said Section 26(Common line to sections 25 and 26); Thence along the Easterly boundary line of said E 112 NE 114,S. 00"37'17"VV., a distance of 1490.18 feet to the SE corner of said SE 114 NE 114, (East 114 comer); Thence along-We Southerly bcur�dary of said- E-#14 NE 114, N.89' 11�6"W,,a dtmnce of 1125.24 feet; Thence leaving said Southerly boundary line N.00'48'24"E.,a distance of 50.00 feet: Thence N. 43'01' 54"W.,a distance of 3,59 feet; Thence N. 46°58'06"E-,a distance of 166.00 feet; 623 1 lth Ave.South,Nampa,IIJ 83651 •T.(208)442-0115•C.(208)608-2510-rgmy.cls@grnaiLcom Page 28 C'OWP,{SS LAND SUR VEYING,PLLC Kimicy-Hom-951915urneylDeacriptionsLRev 2-8-22Rezorne R-4 RoundaryAm Page 2 of 2 Thence S.43'01'54n E., a distanoe of 29.90 feet to the beginning of a tangent curve right. Thence a distance of 57.78 feet along the arc of said curve right,having a radius of 150.00 feet, a central angle of 22,04' 14",the long chord of which hears S. 31°59'47"E.,a distance of 57.42 feet; Thence N_W 02'20"E.,a distance of 30.00 feet; Thence N. 65°34' 19"E.,a distance of 156.36 feet; Thence N. 63'40'01"E., a distance of 57.42 feet; Thence N. 46'58'06"E., a distance of 122.00 feet; Thence N. 41° 18'4C'E.,a distance of 60.29 feet; Thence S. 89°07153,r E.,a distance of 230,00 feet; Thence N. 00'52'07"E,a distance of 15 5.00 feet; Thence N. 89'07'53"Val.,a distance of 272.61 feet to the beginning cf a tangent curve to the left; Thence a d Isla nce of 76.82 feet along the arc of said curve left, having a radius of 100.00 feet, a central angle of 431,54'01',the long chord of which bears S.68'55'06"W., a distance of 74.76 feet; Thence,IS.460 58'06"w.,a distance of 37.44 feet; Thence N.43"01'SC W, a distance of 698.49 feet to the ginning of a tangent curve to the right; Thence a distance of 142.21 feet along the arc of said curve right,having a radius of 750.00 feet,a central angle of 10'48'53",the long chord of which hears N.371,35'59"W_,a distance of 142.00 feet; Thence N 32' 10'04'W, a distance of 101.09 feet to the beginning of a tangent curve to the left; Thence a distance of 3.79 feet along the arc of said curve left,having a radius of 750.00 feet, a central angle of 001,17'24",the long chord of which bears N.3211 18'46"IN.,a distance of 3.79 feet; Thence N. 57'49'56"E.,a distance of 54.42 feet to the beginning of a tangent curve to the right; Thence a distance of 74.45 feet along the arc of said curve right, having a radius of 130.00 feet,a central angle of 32"48'53",the long chord of which bears N.74, 14'23"E.,a distance of 73.44 feet; Thence N. DO°51'24"E.,a3 distance of 140.00 feet to the POINT OF BEGINNING. � Gf NO This parcel contains 32.03 acres more or less. dr 3 2 0 06 �I 4rz of -44C) P'. 623 1]th Ave.South,Nampa,M 83651 T.(2(8)442-01 15-C.(208)608-2510 rgray.cls@gmaii.com Page 29 Z co 1 N fl0°33'35'E 26§_2f' i w Nro �} m Oe9 ° I T o m F Lo 1 f I> 44 rn o OF qrn r3 ' N IQ L96 1326.$4 I`{ N Q, 1 I a f n3 >,, +I r4 rn U) 2 I m m CA Z ram. r I !� Z - o ty i sl q � r yrp m ro cr f i ^' W L11 S IM ru o na ra ' m S00°37'17'W 149DAEr o A LUMM ROAD m cb UNPL 4TTED Q CDcn > W rn Gh 1 : M 3d= Oa ' M � n w ; m r ❑ c>w Z rn � Page 30 T(n f =r Z [:� [h �#H 1 r m ffZ Q_ d� iai fu ns m z z Z w Z z 0 x z z z z w z z z Q rt kar j w m m m a r qo q 9 w En 9 li � , m 4� `_' t ` m m m m m m m m m m m m m :F m z F, r w ^' a, to ca M cn m 4 fl 3 S Lh S m 9 K.5 Cl rp <+ 2 w { �n m PRO a $ $ $ M ! 3 S Q rn Fn ' - Fh 1 z m m p" Z 1 nt N () o 'J TI 1 =r [+� cn U) U1 x 4 ti z pi 1 0 \ :]E o) 4J. I s z C w } iI > 1 3 r rn Page 31 C Y kAf LAND SURYMN0 PLLC Client; Kim ley Hom Jab No.:9519 Date:February 16,2024 Re:Jackson Ridge Estates REZONE R-4 PROPERTY DESCRIPTION A parcel of land being a portion of the W 112 NE 114, Section 26,Township 3 North, Range 1 vilest, Boise Meridian,Ada 00ur4y Idaho,more particularly described as follows; Commencing at a found Brass Cap marking the NW comer of said NE 114, (North 114 corner),from which a found Aluminum cap stamped"PLS 17665"marring the NE comer of se id NE 114, (Section comer common to Sections 23,24,25 and 26)bears S.89"06'38"E_,a distance of 2655.71 feet; Thence along the Northerly boundary of said W 112 NE 114, S_8911 06' 38" E.,a distance of 116,02 fleet bo the PDINT OF BEGINNING; Thence continuing along the Northerly boundary of said W 112 NE 114 , S. 89106'38" E., a distance of 1212,21 feet to the NE corner of said W 112 NE 114, (East i 116 corner common to Sections 23 and 26); Thence along the Easterly boundary of said W 112 NE 114,S. 00"33'37"W.,a distance of 1323.58 feet, Thence leaving said Easterly boundary N_42'06'23"W., a distance of 209.48 feet; Thence N. 53` 16'20"W.,a distance of 50.43 feet to the beginning of a non-tangent curve right; Thence a distance of 282,75 feet along the arc of said curve right,having a radius of 756.00 feet, a central angle of 21"25'4S%the long chord of which bears S.4711 26'33"W.,a distance of 28 1.10 feet to a point on a compound curve left; Thence a distance of 671.95 feet along the arc of said curve left, having a radius of 744.00 feet,a central angle of 51"44'51",the long chord of which bears S. 321,17'00"W_,a distance of 649.35 feet; Thence N. 8311 35'26"W.,a distance of 50.00 feet; Thence N. 89"26'25"W.,a distance of 112.67 feet; Thence,S.62'23 57"W., a distance of 10.00 feet to the beginning of a non-tangent curve left; Thence a distance of 119.79 feet along the arc of said curve left, having a radius of 68.50 feet,a central angle of 100" 12'00",the long chard of which bears N, 77"42'03"W..a distance of 105.10 feet to a point on a compound curve right; 623 11th Ave.South,Nampa,ID 83651 T.(208)442-0115 C.(208)608-2510 rgmy.cls@gmaii.com gmaii.com Page 32 0w_PA&FL4ND5uRVEf7. PLL Kim ley-Horn-951415urweylDe%oriptionsaev 2-8-22111exone R-4 Houndnty.doc Page 2 of 2 Thence a distance of 3.01 feet along the are of said curve right, having a radius of 4.50 feet,a central angle of 380 21'38", the long Chord of which bears 5. 71°22'46"W.,a distance of 2.96 feet; Thence N.89,26'25"W_, a distance of 166.95 feet; Thence N-00'33' 35"E., a distance of 161,98 feet to the beginning of a tangent curve right; Thence a distance of 187.58 feet along the arc of said curve right,having a rad[us of 130.00 feet, a central angle of 820 40'31",the long chord of which bears N.411,53'5 1"E.,a distance of 171.73 feet-P Thence N. 0611 45'54"1N.,a distance of 254.12 feet; Thence N.2311 41'08"E., a distance of 55.03 feet; Thence N.22°05'29"E,, a distance of 177.00 feet to the beginning of a non-tangent curve left; Thence from a tangent which bears N 67`54'31"W,along curve to the left with a radius of 456M feet, and having a central angle of 01"13'12`an arc length of 9.71 feet with a chord bearing of N 68°31'07"W, and a chord distance of 9.71 feet to the beginning of a reverse curve right; Thenoe a distance of 248.91 feet along the arc of said reverse curve right, having a radius of 203.00 feet,a central angle of 691,41'18",the long chord of which bears N. 34" 17'04"1N_,a distance of 231.97 feet; Thence N. 00"33'35" E„ a distance of 709,53 fleet; Thence N_23143'26"W.,a distance of 168,91 feet; Thence N.00'53'22"E_, a distance of 64.00 feet to the POINT OF BEGINNING. This parcel contains 40.11 acres more or less. L 0 0 J19t) P. 623 11th Ave.South,Nampa,ID S3651 T,(205)442-0115 C.(208)608-2510-rgray.cls@gmaii.com Page 33 ffXH1131T LEGEND LOCATED IN THE W112 NE114 OF SECTION 26, CalcukewPoint T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO � Found brass cap monurreRt 2024 Found aluminum cap monumenl N.1A POINT OF �4S1S��� ��� � Pound Wa inch d ia_iron pi n Lamer BEGINNING j 8S;'06'WE 26K7V — — —S 89 86'38'E 1212.2l'— B Et L13 > 4'] "IORY ROAD 1327.48 LINE TABLE LINE# DIRECTION LENGTH L1 5 89°D6'38"'E 11UT L2 N 42°06'23"V4 209AV 0 I � 92 L3 N 53'16'20'VJ 50.43' L4 N 83�3526 W 50.W ell ZONE R- + ;' • • Ls N 89'26'2Y W 112 fir Area.1,747,375 9.1. L6 S 82123'57•w MCC e`Y'•r L7 N 89"26'25'VV 166.95' L8 N GY33'35'E 161.98' L9 N 136"45 W W 254.12' HD N 2Y41'08'E 55.iv o L11 N 2TO5129'E 177.00' CB L17 N 23'43'26-W 1,%N' v M N OV53'22'E 64.00 Ci CURVE TABLL I CLIR11: RADIUS DELTA LEWJGTH EEAR3NG CFORD 4� Rr CI 756.00 021'2545' 202.75' S47 W33'W 281.19 C2 744.0a D51'445Y 671.95' $3r170V W M 35' G3 69.9 104112b0' 119.79 N 77.42W W 105.14' e� i J C4 4.59 OM'21'39' 3.01' S 71-24 W 2.96 L7` C3 L5 a 130.00 OB2'40'3l' 187-59 N41-5351-E 171.73 L$ L4 C6 45HU DDI"I TI T 9.71' N W31.1kr W 9_71' �} 07 2BCi_W W411$' 246.91' N N'17W VV 23t.97 i � l C IM Corner I. o1= ° COMPASS LAND SURVEYING, PLLC JN 9519 623 1 1th Avenue South Nampa, ID 83651 File.9519-REZONE R-4JACKSON RIDGE PART 1 02-16.2024.dwg Office, (208)442-0115 Fax;(202 377-271)6 Page 34 + LANE]SURVEYING PLL0 Client: Kirnley horn Date:January 24, 2024 Jab No.:9519 Re:Jackson Midge Estates REZONE R-8 PROPERTY DESCRIPTION A parcel of land being a portion of the NE 114 and a portion of Lot 1,2 and 3 of Basslin Ridge Estates as on 111 le in Book 64 of Plats at Page 6469 in the Office of the Rc:ordor of Ada County, Idaho,all located In Section 215.Township 3 Ncah, Mange I West,Boise Meridian,Ada County Idaho, more particularly described as follows' Commencing at a found Brass Cap marking the NW corner of said NE 114,(North 1A corner),frorn which a found Aluminum clap stamped"PLS 17665"marking the NE corner of said NF 14.(Section corder cammorl to Sections 23, 24,25 and 26)bears S-89'06'38"E.,a distance of 2555.71 feel; Thence along the Northerly boundary of Bald NW 114 NE 114,S.89'06'38"E.,a distance of 1328.23 feet to Me NE corner of said NwV 114 NE 1 f4, (East 1116 corner common to Sections 23 and 20); Thence along the Easterly boundary of said NW 114 NE 114,S. 00°33'37"W.,a distance of 1323.58 feet to the POINT OF BEGINNING; Thence continuing along Bald Easterly f indary line S.00°33'37"W.a distance of 2.96 feet to a found 518 inch diameter Iron pits with Illegible cap marking the Nadhwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin fridge Estates. S.89'08'36'E.,a distance of 70.00 feet; Thence leaving the Northerly boundary of said Basslin Ridge Estates,S.00'51'24"W.,a distance of 140.00 feet to the beginning of a non-tangent cure left; Thence an arc length of 74.45 feet along the arc of said curve left,having a radius of 130.00 feet,a central angle of 32'48'53",the long chord of which bears S.74"14'23"W.,a distance of 7 3.4 4 feet; 1-hence 5.57'49'56°W_,a distance of 54.42 feet to the beginning of a non-tangent cure right; Thence an arc length of 3,79 feet along the arc of said curve right,having a radius of 7 50.00 feet,a central a3ngle of 00, 17'24", the lung chord of which bears S_32'18'49'E.,a distance of 179 feet; Thence S.32, 10'04"E.,a distance of 101.09 feet to the beginning of a tangent cure left; Thence an arc length of 142-21 feet along the arc of said curve right,having a radius of 750.00 feet,a central angle of 10'51'50",the long chord of which bears S.37'35'59"E.,a distance of 142.no feet; Thence S.43'01'54"E.,a distance of 698.0 feet; Thence N-45'59'DO'E.,a distance of 37.44 feet to the beglnning of a tangent cure right Thence an arc length of 76.62 feet along the arrc of said curve right, having a radius of 10{1_00 feet,a central angle of 43'54'01',the long chord of which bears N_69'55'06"E„a distf7nce of 74.76 feet; Thence S.894 07'53"E-,a distance of 272.61 feet; Thence Sr 00°52'07"W.,a distance of 155.00 feet, 623 11 fir Ave. South,Nampa,ID 83651 T.(208)442-0115„C.(208)608-2510 rgray,cls ftinail-com Page 35 COMPASS LA&D VORVR YING,ALC Kimley-Hors-9S 111Survcy\DcscriptignslRev 2-8-Me oue R-4 Boundary.doa Pago 2 of 2 Thence N. 89107'53"W.,a distance of 234-4Q feet; Thence S.4 1' 18'40"W.,a dislance of 60.29 feet; Thenco S.46,58'06"W.,a distance of 122,00 feet; Thence S.63,40'01"VC a distance of 57.42 feet; Thence S. 65,34'19"W.,a distance of 156.36 feel; Thence S. 69'02'20"W.,a disianca of 30.00 feet to the beginning of a non-tangent cure left; Thence an arc length of 57.78 fact along the arc of said curve Left,having a radius of 150.00 feel,a central angle of 22,04'14u,the long chord of vrhieh bears N. 3111 59'47"W.,a distance of 57.42 feet; Thence N_43'0V W W-a distance of 29.90 feet; Thence S.46'58'06"W.,a distance of 166.00 feel; Thence N.43'01'54'W.,a distance of 7M89 feet to the beginning of a tangent cure left; Thence an arc length of 1.82 feet along the arc of said curve left,#laving a radius of 3.OG feat,a central angle of 34'48'07",the long chord of which bears N. 50"25 98"W.,a distance of 1.79 feet; Thence N.77°50'0 1"W_,a distance of 350,90 feet to the beginning of a non-tangent cure rignl; Thence an arc length of 79.16 feet along the arc of said curve right, having a radius of 694.00 feet,a central angle of 06'32'08",the long chord of which bears N-031,08'30"E..a distance of 79.12 feet; Thence N. 83'35'26"IrV_,a distance of 50.00 feet to the beginning of a non-tangent cure right; Thence an are length of 671.95 feet along the arc of said curve right,having a radius of 74 4.00 feet,a central angle of 51°44'51".the tong chard of which bears N.32, 1 T 00"F.,a dislanco of 649.35 feet to a point an a compound curve to the left; Thence an arc length of 282.75 Feet along the arc of said curve left,having a radius of 7 56,00 feet,a central angle of 21'26'45",this long chord of which bears N.47,26'33'°E.,a distance of 281.10 feet; Thence S.53'16'20"E.,a distance of 50,43 feet; Thence S.42,06'23"E_,,a distance of 2 09.4 6 feet to the POINT OF BEGINNING. This parcel contains 21.82 acres more or less. L ) �4 623 11th Ave.South,Nampa,ID 83651 T_(208)442-0115 C.(208)608-2510 rgray.cls@gmail.cotn Page 36 C 'r) r CD Z 0 I CL C3 .0 _ [ E DO LL Q '4 W L � Ul 10 Cl o � — CD F- Sl ch C < o LU SO cv O O G 1G r 3t N N N iY �y J `nyi'y N pd 0 SV'*� r J ice{} CF] {�h N u's ID N Ct,l a) filC T n -0 s'7 Z — C] G] m J ULJ �" IL M.LUEEL C 405VE t] 'a. C) I C j DY Il} fI+III � {J C Q i E c ti cm Lli E LU E c ' J � m `r, to j CD '..� 3 LE LL L.L 0 �a cN as h W Page 37 LO c. nLd .r CL z W` � T \ a J \ or Z ❑ rL mom+ CD 00 Z � D y ii W pLLJ 3: L" W Lu W W W W �{ ,_. W 14 F W 4 YT V] Cryry #T#}} gyipp] M CD Ll CS CD i� LLr ar n Q �Q � ate-. fl G F'ti O d] Q O i'S R LOn ass ry 4i! 3: Yf LU lkJ }� �p W LJ W t s J O G ii} [h V' Ep V 9Q 90 w IT V Gp q1 4 p 0 {A m fh �} Z � U3' Z U} ar W to 0 Z CO Z fA (n in W cj 0 _h ak D Qy *' ru t� a in an Iti eq 6` } CC Liu 3LO CD 9 r -LLL_ Vf Page 38 B. Preliminary Plat&Phasing Plan(dated: 2,�4 4/8/2024)—REVISED Z��^:x�Ex wP��ax •�wJa✓..�.n OHVC 1Vld Ab7NI'HtlId IM3Y1 - y LI.IUH�(«/►Vllll�N .o lN1�3?Jd oz airo nws $31V1$3 30018 3CISMnS H a Il � illl � I I i I I 1 cn Illll LU � Z Oo o s H af �i tl aam a�i N a �3` «fir U) Q LlJz���f w J O O 5 W / -C w ¢ ?o www LJ a w w9 g m�€€m`s a s rm :h�Wsa aae a V z z Pogre Q en W z o z a �aevoe Y 5 3 s o a a �$ p 44 ya w x � sas�?dma�, Z4 0 Z)Q. NM o E E E Y$ sty 8�"x Y�jw eae w W Z w❑ = Mwm O $a a MUM-. N C x ~ s a g a x a gig J J a a e '`e o €g he �s� ge�ao w 2 p s o _ z z�_ _ 91 �K! _ w �e ax�m mFt'm� y 0 H e "b .bo o2� ME 3 � J z x ¢ z 5 p a boa N8� Eta w w 8 Gos ew K'HE _pa£a� €gw ae= e s 5 a, a 3W=eww WowH . ❑ W W. N-H.=MT a3"e,c•'� 'R,. LFs€°s e;w _W-s r"'+n smxh.j ahid s.:w FCl) � 3ay9 w a o . 9's_ - _ ss �h _ - F p F rp ax�Lfl�3.eitpCox_ R n � y I I I ry vxwra _ pp o I _� ��W � �. A � - � s ng e■s AAA I I I I _nes� p b= 0 e tl R I 13 8 n �� pEp uC p 9� B SIB�B, 9 __ Imo• v�rw � � r/ �"^ e�AA��'A pA6 II �•A p 1 p R - A A pA p t9 A a - 8 111 p ocx 3.c ggg [,clory --� Page 39 OHVCI �\I U�0 �/Aa w| mm, mz «�m ® )§ N | � .\A k ) � ! § \ - .� \\T—� _ » - § - , - | _ J - ( lz - - `f --- -- - - � ) Page 40 _ •z°�c�r•."c° 0 Val 'NVlala3ry H�t5'` i o NVId 702LN00ma IVINOZIdOH ; H �� ulo «fla W _ 3$ 3a�sNane ff'' s P�a s x,P��'�x'�5 w a ^ `c s a aasga - arv- A- ss �� �b� Basa a g� a oe„ LL� . a�vaardwrkra � rc � Rarrip11M3a1-- `$ Mtl I rLl rXA scia e a A",I .srL r/ ILI Page 41 .. >mr✓mir:�va OHYCI 'NVICIMIN - H�<`^ I it NV7d 7OHiN00 WiNOZINOH ; ulo \KILa Lll a s3 a s3 3aaa 3olsNane 8* �' # figxx F S1u $ x x g r $n&a$8$aaBS 80133H6335-3NI71CILVN b, _o oa Vj AN - �, Luau r�p��n •d pm \; '� II 118 ar Ab 1 y p8 cgs I ffi ,� ,•�� %rfnw � � Lit �� -� a 9\\ all - 1 a I ` Page 42 _ •�°�a'�,:"r° OHVCI 'NalaIa3w yy H r((5i I NV7d MaLNOO WiNOZINOH o UJO /`<Aa 6{ uoH J,V nrsa 531V153 39tl1b 3tl15Nilfltl eT H� S I(n)nras x 7 n ^3 7 9 39 nr ^ A� s �rrmkb8 is; a- ss xnsz : �$ z� aA �s �' �� aiF" �a 53 9 A R 8 R R I I u� e. �e� 4 �n .rvI�AN ^ .FII:��'" a'R I � i � o l ea I m � •1�] 9� l pp W ul r p, a o 12 5 4 .I ¢� — pa ! % I € ps I -- L0133HS 339- WHD1VW / \ Page 43 seaz-rev c �m n a=n�Mre .zoueu.zero OHYaI 'NVIOIa31Y �xii ae x...ea WVld `JWISVHd J,8VNlhl]]Jd S3 �s u�oH�c<SiLa�iui� Feu s o _ =.�9W 1VIS3 30C S 3a�SNans .R O = 0 z ❑❑❑❑ z x a s �o a ~ r I r � r I I� - - r I �0" r, I lwi r I ,r Page 44 C. Landscape Plan&Tree Mitigation Plan L as ONIUMN311NV1d 11.IOHK<vl�a 3dVDSONV1.kHVNIW113Hd Il �/1 390la 3alslvana �.n s 0 4 rc � v v e _ �i 0 V K O O Z Z O O a VON a30N1-1 s I fII I � �F 1 I I I I , I I � I o� . U _ I I I i p I I T- I ! I I I I Page 45 rmr✓�:ii�w oH7al 'N7lam3m IHI 133NS IMA00 a~O 11.lUH((AajWr 3dV0SONVl MdVNIW11321d Il w1 j�yo�¢ 53iViS3 39QIN 3aF;NNaN � � G MIM I Ps�i)o r0000�oc) rc o o � 5 a _-_-- avow usaxrt s I --7 — I i I Y-- j I , I p I I I I I I �� I � I -I I I ' I I -- I I � I I � I I I Page 46 �"T Z%-Za OHV41 NVI01213W NVId 1N3W30TIdau ONV U'!JO'1<��ADlwN ememe NOUVOIAW 33HIAbtlNlWll321d a� �� �� n •/� 3dX I""itl's 53ivis3 nou1 3aISNsns .�tbrn C p \ , F . R P P r R R R R 2 P • n R & A 9 R 8 A R . r y . . 1 � 913eg � 445�3 i g m & $ ' {{ - @11 d d W t k Yk t Y �g�p-FPS w €'pF£Him G p _ a ry p W X a W F YY11 m a avow UHUNIT s I I I I I + 1 I d c� I I I11 E I arl - I f - 52 � I I r +I I C ;I II 3 i 1 gg II I II 9 R N p R M g R I e �m _ m©- m0 1I +I I I I I Page 47 D. Qualified Open Space & Site Amenity Exhibit(dated: 1�3 1rr 12024 4/23/24)—REVISED amziz¢i.uva 0HV41 'NVIa183H uvrbn IISIHX3 o ! z S U1oH<«�(ajw�l 30VdS N3d0 A21VNIWIlaUd �ol�Nl nax 531tl153 3`�01l1 3015NNf19 ���� �FF �z C 2 � � n' i e U0, � V. $ �� =o .g 0 0 ou�3 ------- W021213ONf7S ��� I1 -,� � I --I � I I 0 i � w e� I F I � I W s II Page 48 4|! MRW / \� \ � CL z \ e � - § ■ _ - / E: 12 ! k)k §§ z k) \) ( \ .¥ � (\ e| � / ! \ k § § §|\ k § ' B ° § � & � � � w � P-4 Signs require aseparate permit and are no L approved with this application. Z O � U E--I Q � Page 49 v W rM 2 3 U at E 0 � O dff W dd` = E? , >_ O � �'"� z a m W ON t s ' a \ W °aA� � ' iy W W / rw w C--� Z a O � use a o � Page 50 F�I r i h w PQ C7 � V) w O � U w w a Er-, Page 51 i S -L w uj Z ~ O < Ln UO w a � Page 52 4 Ing b7. O 40 27, 'I m A Ail Ina ui Ln ui Z 0 < F-Z v) L/) �z LU u Page 53 ''r J V� !� Q Emw4 0 f N Cd iIL o 0 t 0 o P-1 Page 54 a N`. Coo ii t i I ra , i� N - - Page 55 _.... pit: ....... I IIIIII I� —'s f i E. Conceptual Building Elevations (dated: 9/20/21) 7r :1 y ■ � .. 0 one Kimley>>>Horn BURNSIDE RIDGE EXAMPLE BUILDING The architecture style of the project will largely be a mix of contemporary forms and modern farmhouse styles. An elegant and plentiful blend of materials ranging from stone to stucco, and board-and-batten siding materials is planned with stylish natural colors. Home sizes are planned to be 2,200 square feet or larger, similar to the homes in the surrounding developments. Maximum building height will be 35 feet. Representative architecture elevations are shown below. Page 57 F. Conceptual Development Plan for Holding Area W J 7 G � � ° m // / I / / I / I / I / \55 0 Ise / 5 I r r r y I -r I r I r � z -. •._ �nv4avAwuvd's tit r $1 -- -------- ---- - ------ --- W 1 1 1 1 WVdaimuino'so 1 w y I 2 1 m x l I CO 3nvAwotioaw B 1 I 1 L I I G I I — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I a� E Page 58 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, including that for the holding area, submitted with this application, included in Section VIII, and the provisions contained herein. b. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. c. The existing home at 3801 S. Linder Rd. (Parcel#R0831430025) shall be allowed to remain on well and septic until such time as the property re-develops with Phase 4 and shall not be required to connect to City water and sewer service. The existing access via S. Linder Rd. is also allowed to be retained until such time as the property re-develops. Prior to the City Engineer's signature on the Phase 4 final plat,the existing home, accessory structures and driveway via S. Linder Rd. shall be removed. d. The existing home at 3605 S. Linder Rd. (Parcel#S 1226110575) shall disconnect from the existing well and septic system and connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. The well may be used for irrigation purposes. The driveway via S. Linder Rd. shall be removed and access shall be taken internally from within the subdivision. e. 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 abutting the site. f. The holding area at the southwest corner of the site, depicted as Lot 11,Block 7 on the preliminary plat, shall be re-subdivided prior to issuance of any building permits for that lot and shall only be developed when municipal water and sewer service are available to the site. g. A standard bus stop(size small)with a concrete pad 10' x 10' shall be provided along N. Linder Rd.just south of E. Pivot Dr. as requested by Valley Regional Transit(VRT). The purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite. h. The use of common open space& site amenities shall be shared throughout the development, including the property in the holding area,which is proposed to be re-subdivided in the future. i. The rear and/or sides of 2-story homes on lots that face collector(S. Farmyard Ave. &E. Holstein Dr.)and arterial(W. Victory Rd. & S. Linder 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 Page 59 architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 2. The final plat shall include the following revisions: a. The holding area lot(i.e. Lot 11,Bleek 7) shall be ineluded in the third phase of developme The phasing plan was revised accordingly. b. Extend the right-of-way for S. Farmyard Ave. (the collector street via Victory Rd.)to the site's east property line as required by ACHD. e. Widen the federal easemen�for-the Calkins L4er-al to 60 feet(30 feet eaeh side fFem een4er-hfle) per Boise Project Board of Control's letter-,unless a lesser-wi"is allowed.*a Lesser wid4h k .A lesser width of 40-feet(20'each side of the center of the new pipe to be installed) is allowed as currently depicted. d. The eemmen let(s) ee*taiaiffg the Calkins later-a! shall be widened to aceonunodate a 10 feet wide malti tise pa*way with 5 feet wide landseape strips en eaeh side of the pad+way etAside e the Calkins later-a! easemei#,tmiess the easement holder-will allow these improvements Wi their easetnefft. The plat was revised to include a 60,foot wide common lot, which will accommodate a 40-foot wide easement for the Calkins Lateral, as allowed by the Irri a tion District, and a 20,foot wide common area outside the easement with a 10 foot wide multi-use pathway and 5-foot wide landscape strips on both sides of the pathway_ e. The following blocks exceed the maximum block face length allowed in UDC 11-6C-3F: Block 7 (south side of S. Red Angus Way), Block 1 (west side of S. Moline Way),Block 5 (north side of E. Pivot Dr.)and Block 10 (south side of E. Pivot Dr.). The plat shall be revised to comply with the maximum block face standards prior to the City Council hearing and/or a request for City Council waiver(s) to the standards shall be submitted. A request for City Council waiver to the block face standards is requested for all of the aforementioned block faces. f. Depict a vehicle turnaround at the east end of Guernsey St.that meets Fire Dept. standards. Obtain approval from ACHD for the proposed street section. g. Depict 10-foot wide detached sidewalks/pathways along both sides of all collector streets (i.e. S. Farmyard Ave. and E. Holstein Dr.)and along the arterial streets(i.e. W.Victory Rd. and S. Linder Rd.)within and abutting the site. All pathways shall comply with the standards listed in UDC 11-3A-8; all parkways shall comply with the standards listed in UDC 11-3A-17. h. Obtain consent from the New York Irrigation District for the 7-foot wide easement for the Givens Lateral to be located along the rear of adjacent building lots along the west boundary of the site and for perimeter fencing to be installed on the property line within the easement. If consent cannot be obtained, depict the easement in a minimum 20-foot wide common lot landscaped in accord with the standards listed in UDC 11-3G-5B.A letter was received from the Boise Proiect Board of Control, who administers the easement, stating they will not allow anything within their easement(i.e. including fence). i. , t44 eemplies with the"ality standards listed in UDG !I 3G 34.2 and the"alified open spaee ems.An updated common open space exhibit 6hall be was submitted that demonstrates compliance with and exceeds the minimum standards prior to the 00,Geti nil he ri g, included in Section VIII.D. Page 60 j. Depict root barriers where 6-foot wide parkways with Class II trees are proposed along collector and/or arterial streets per the standards listed in UDC 11-3A-17E.2.All parkways along local streets shall be 8-feet wide in order to qualify toward the minimum open space standards. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Include all revisions to the plat noted above in#A.2, as applicable. b. No landscaping other than gravel is allowed within the Calkin's Lateral easement unless otherwise approved by the Boise Project Board of Control.If landscaping is allowed, written confirmation of such is required to be submitted to the Planning Division. c. Depict the future curb location as anticipated by ACHD along W. Victory Rd. and S. Linder Rd.; depict a minimum 25-foot wide street buffer,measured from the ultimate curb location, along both streets. d. Depict landscaping with a mix of materials within the required street buffers along all collector and arterial streets,in accord with the standards listed in UDC 11-3B-7C.3; include calculations that demonstrate compliance. These buffers shall include enhanced landscaping as set forth in 11-3B-7C.3f with enhanced amenities with social interaction characteristics and enhanced context with the surroundings in accord with the standards listed in UDC 11-3G-3B.3. e. Depict landscaping with a mix of materials along each side of all pathways, in accord with the standards listed in UDC 11-3B-12C, include calculations that demonstrate compliance. f. Include a fencing plan with details of the proposed fencing that demonstrate compliance with the standards listed in UDC 11-3A-6C and 11-3A-7. g. Depiet a+least ene(1). site afnenity from the miditi modal eategary(see UDG Table 11 3G 4 fe in f Finatio `.A bike repair station is proposed from the multi-modal category. h. Include a detail for the picnic areas, children's play structure(i.e. tot lot),public art,fitness course, sports courts, outdoor fire ring, commercial outdoor kitchen and multi modal menu., bike repair station that demonstrates compliance with the standards listed in UDC 11-3G-4C, A E and F. i. All common open space areas are required to include a minimum of one (1) deciduous shade tree for every 5,000 s.f. of area and include a variety of trees, shrubs, lawn, or other vegetative groundcover in accord with UDC H-3G-5B.3. The landscape plan shall depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. 4. All irrigation ditches,laterals, sloughs or canals, including the Calkins Lateral, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3. 5. All existing structures that don't comply with the dimensional standards of the applicable district shall be removed from the site prior to submittal of the final plat for City Engineer signature on the phase in which they are located. 6. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 7. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. 8. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse site and structure to ensure it complies with the design standards in the Architectural Standards Manual and UDC standards. 9. A minimum 14-foot wide public use easement(s) shall be submitted for all pathways required in the Pathways Master Plan,which are located outside of the public right-of-way. Such easement(s) shall Page 61 be submitted with the final plat application for the phase in which it's/they're located and be recorded prior to signature on the final plat by the City Engineer. See Park's Dept. comments below in Section IX.G for location of these pathways and associated easements. 10. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,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://weblink.meridianciU.org/WebLink/Doc View.aspx?id=337944&dbid=0&repo=MeridianCiU C. FIRE DEPARTMENT https://weblink.meridiancio2.org/WebLink/Doc View.aspx?id=33 7945&dbid=0&repo=Meridian City D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=340779&dbid=0&r0o=MeridianCity E. ADA COUNTY DEVELOPMENT SERVICES(ACDS) No comments received. F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=340163&dbid=0&repo=MeridianCit y =1 G. PARK'S DEPARTMENT https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=342211&dbid=0&repo=MeridianCiU H. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=341064&dbid=0&repo=Meridian City Calkins Lateral easement(updated comments): https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=342492&dbid=0&repo=MeridianCioX Givens Lateral easement: https://weblink.meridianciLy.orglWebLinkIDocView.aspx?id=342665&dbid=0&repo=MeridianCit y I. VALLEY REGIONAL TRANSIT https://weblink.meridianci(y.oLvlWebLinkIDocView.aspx?id=340635&dbid=0&repo=MeridianCity J. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=343177&dbid=0&r0o=MeridianCiU Page 62 K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=340686&dbid=0&repo=MeridianCity Staff report for H-2021-0070: https:llweblink.meridianciN.oLvlWebLinkIDocView.aspx?id=263214&dbid=0&repo=MeridianCity X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's request to annex the subject property with R-2, R-4 and R-8 zoning districts and develop the site with single-family detached dwellings 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 Commission finds the proposed map amendment to the R-2, R-4 and R-8 zoning districts and single-family development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent 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 Commission finds City services are available to be provided to this development. Comments were received from WASD on this application and are included in Section IX.J above. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord.08-1372,7-8-2008,eff. 7-8-2008) The Commission finds the proposed plat generally conforms with the Comprehensive Plan and will be in conformance with the UDC if the Applicant complies with the conditions of approval in Section IX above. Page 63 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds public services can be made available to the majority of the subject property and will be adequate to accommodate the proposed development. Sewer service cannot be provided to the holding area at the southwest corner of the site at this time or in the near future. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission 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 Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health,safety or general welfare; and The Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural,scenic or historic features. (Ord. 05-1170,8-30- 2005,eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 64 C i E IDIAN.;--- Agenda Item Applicant Presentation _ El offil a ! ����F �rI Irl ti-6-aN Y ra- JACKSON RIDGE ESTATES '�^'✓�. M-- y v4,77 (BURNSIDE) INA IM Kimley)>> Horn �.- +� �- Imow' EFORE YOTJ TONIGHT ANNEXATION/ZONING Zone property R-2, R-4 & R-8 DEVELOPMENT AGREEMENT Conditions agreed to with Staff with one modification and addition PRELIMINARY PLAT Densities consistent with City planning Utilities and services available at the site L - ' -Ter Mfle Interchange S ecrf�,,Afe.0 Pfan `' ki' ¢fr! At 14 IKIL 40, +tlr_ .L. P' +�- --- -4M1� ' � J `• ��-'44u i-P `�._ ,F � '�,_ ri �g���. L. `. 'fib. � '4���' ". '�•-�- ]'��**,:: '-' � � -.,s,,.`` '��`w � ...: � , IN Y r 't �ra•- y I : I�r .�' 'r5 .�.wt.�' �'}� ';I`�y'Vi'� � �� _ � 5 10 u- ADJACENT -- - r DEVLLOPME 1T'S rt ; • Square mile between J -------------------- YICTGRY - Linder and Meridian Road is entitled and under • _ construction a Brundage Estates annexed and preliminary platted; time extension in Sept 2022 t S 7i {r ■ Windrow Subdivision ` `-- �4�' entitled recently (across the street) z - MEMO LE11, r r. ' a.. rkrirqrs - a � 00 i • • • • • gin -,allow _ L a 1 �tSd L krlrrw - w .T - F SERVICES - SEWER ?is br t 3 =_~ - ■ Sewer has been extended to the �T �W i - -I' iU��FJi JN _ . ',.i site consistent with the South n ��i r : . Meridian Utility Concept Plan . ti tx (south annexation) 1 E E Ln I " . is _ Faat i LeWd i -t1<elllg fewer 1 I E i FW�re hFaeal5ewer * a MA r�.F+Iara AFxo 2 Sowar }; Filar,u'I Al ei '. Pheee2 Arad Nk.Aj--nr I WLc - -� or m r i i i ' Ct1 ai"-m-r aria Ju irpp—rL oar W-tek opW.A o isGlN7 w b Irk Hato r4c5 ChPP -11�W/Nna s+M1rltlalk Ph rFm MomdMit Cesar lbl{ien Mr! South Meridian Utility Concept Flan d!s INMe br Inrrwerm u'last.I'Wwc pFmc acrcr les�we uc 9cM1-rtl�crd uE!e,t h mJM1WYrn TNs nap A llWrdum*"mPJdmH.dbl Adi ipl-.Ada C-4idatmi relle fa and Annexation rmcaYauee ormmaornurs>0-sa>pl ncaac esacrmrss waya�pnxomp.aimr- ��: }7S�]I S]'R N� Jhmwlurlu•�rf dlrid lu�¢rcyWuallic riWipvn�i Iui olF�{u�p. ��` � L SERVICES = SEWER Served by City of Meridian via existing 8-inch sewer stub on Linder Road. Flow is committed to the site. I�❑; = 1 Wastewater Distance to Sewer Available at site ` Services - -T !- T - .•r�F+ Sewer Shed ti • Estimated Project See application Sewer ERU's • WRRF Declining Balance _ MiCRH-P f:r.: • Project Consistent Yes gipjl(a with WW Master Plan/Facility Plan - F impacts/concernsFi icommitted• ow s • See Puf Iic Works Site Specific Conditions SERVICES = DOMESTIC WATER Served by City of Meridian via existing water mains on both Linder and Victory Road to the property Adequate capacity exists to serve the Project Water + aistanCe to Water Available at the site_ Services - + Pressure Zone - * Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master CLR Plan ` • Impacts/Concerns See Public Works Site Specific Conditions i --- ... -.. . �� L f'4�nn��;C vrnC{iut PIE try nge 5peCMC,Area Plan � '<��,_ �+' y � ' - .. ._.ram'- - c�....-' -• � • � • RAB:St VVIA AN �i Ifi� { � _ail '�,�`�'�' � .{•{ , .- � ... :pi III! MV kesidemLai Collecl N ?'`'`'j, R_esidenfi9l.0 4�Y �r SERVICES - PQLICE ■ 4. 3 miles from Meridian Police Department HQ ■ Approximately 3 minute 14 second response time SERVICES - SCHOOLS ■ West Ada School District ■ Mary McPherson Elementary, ■ Victory Middle School, and ■ Meridian High School • Christine Donnell Elementary (Arts) and Spalding Elementary (STEM) also available OPPORTUNITIES & CONSTRAINTS Fuel Pipeline - 75' wide easement Calkins & Givens Lateral - Bisect project with pathway and canal easements Provide transition from varied subdivision densities - City & Rural Use only existing City infrastructure and services (no expansion) O OPPORTUNITIES r CONSTRAINTS ;ti I I �. i r � � + r - II FUTURE LAND -0[;FY_ USE MAP 0 R-Y Low Density Residential: -Sin lefamil homes on Single-family T large and estate lots with gross densities below 3 F du/acre &M ; Schools � Medium Density Residential: AL Gross densities between 3-8 "Developments need to respect agricultural heritage and du/acre. Often transition resources, recognize view sheds and open spaces, and maintain between existing rural or improve the overall atmosphere of the area. The use of open residential properties spaces, parks, trails, and other appropriate means should enhance the character of the area" `�� MDR TTIl T 17 �r , FUTURE i r J- I 1 2.�dafac--_ i I 'No holding area 14t5 USE MAP —_ r_ - ef Density Requirements L6RareawestofFarmyard Satisfied for both Low Ave is 26.07ac.which is less -��! JJ, ° /l • r r r-,�`- i than 9 of Lota l a ea west at Farmyard Ave Density and Medium Density Residential X� Planning Areas LDR -91.83 -180 bts wlo holdingarea 1-96 dWec w!o holding area; I: i -220 lots w!holding area r +� J } ✓•' -— - -2.40 dWac wl holding area r i _ f r H. Area ;x � , p � � � r��.\ / ,. • . � . � � - \ � - -- Z \$ I' N G N' ■�. , \ � � ® • ��\ , ------------- �� . � . . �� � � r• � ^�, . \ �2/ . ` \ ■ � _ „�. '2 } z3§ � . . . . . � s k4 � � �� ■4 . ! ■4 � ± � . � ir® • � |&\ ` I 1I � IIII i JACKSON RIDGE a ESTATES ,Ck ' Buildable Lots 263 Common Lots 32 Gross Density 2.6 DU/Acre _ Phases Four (built out f by 2030) HOLDING Open Space 13.36 acres � � �� I AREA I I rt'S3'E'is�n37'"w.TLTOgrJ7S717— - -- --- _ --- ii 1. 17 I. 1 11 lU i ■ � _ _ I _ _ ZONING & Ir7 • i� �f 13 1e I + I -1 r� M M I "I 1 ��•• � I I I �I i�[3 I I F` 1 R_4 1I HOLDING UNFIT yIr r xSl •] ICT I rla� I_ log li•I x 21i Z 203 II{I - LLLOMP -4 I I I I I I I 1 111 13 11 'JI?I. F ■ T { S 7 .11I I I I L i i_ S 177d1 d7l9G a a 1 K. IF= — - - - r Zoning is consistent with area a I —r I IT 5F" 19� i� - 13 17� Fe I Ip p I ■ f I 71I IbMW 3 �,y� 1e JilOCJ[I J�evrcaa I I ■ '° - � = Holding Area 31 ]5 E -- 32a ? E: For 21 .05 acres ; — : �°�" staff 1e� _ Created per City £�T°A = = Avoids creating an enclave 57 1e rS 114 C7 113 77 2 1 I 7 J[ y y 7 � '? M1 201 Li I e■.t5or■ T ~' I■ S• 3' �'_ a I a >• Only existinginfrastructure �� 13 4 r•• 1 _ I z 1Tr1e� I IF }}�: k -- �� - - = �; I available to the site today will L �1■teac7�l 1°47 ;i1 .., ° I°�F5 I ° .�e�.�a, 15 I a be utilized I y. y 1 F S • ] 1 f• � I I �_ xe 4 Is -I- _L d ", i - z� ° 611 r 1■0TGq Sr 1: . HOLDING �W a` ' ° �: _�. ; Holding will onlwill only AREA >a� d. develop when utilities are J available �W r+ aaata° s ES 1 3t I�• _5 _ `,f1910'Sv ff 1 2�551 - _- _ - i FAZ"TM .. - w.n. . _ � +�3tic•J'I'.x'rr'rLti: °H G! 50,. r7]9P t 1 7b Tel ORYROAD ---- - -�__. ACCESS T RAN "TAn", SPUN —U'LION I I- V I- I Closes 9 existing driveways L 1 1 fI I I i on Linder &Victory Linder &Victory { 0 Widened and improved • Detached sidewalks, street trees, 25' landscape buffers w • Turn lanes on Linder extended and a left turn lane ' I on Victory r Traffic calming within the - ' project (chokers, stamped } concrete and bulb-outs at four- HOLDING way intersections on internal � AREA � � . � - - y x collectors) 1 I _ I ' PEN SPACE i 1 ' REGIONAL PATHWWIS i I i I I I i 4 Required: 12.59 acres Proposed: 13.36 acres d H , Ll l J f 40.04'IRRIGATION 2o.00,MERIDIAN — I — 619TRlCT EASEMENT YYov EASEMENT HOLDING } AREA I x i o,ao' �� S.G4' MaYyw rE ' gp,pp s AMENITIES THE FIELD& THE M4 ADOW — — �r-,dr::: I Vvafk.rg G;rnnd�n Bin Rin B RAamriacada 5tati° Required 20 amenity points Proposed 42 amenity points Shade/picnic areas w/ tables THE CORRAL Nac m Play Benches 9o�Jdcrs Ncrs,7irrs PermEquipmens THE GARDEN 0 Lawn berrrig&MQunds Gar en Bicycle parking Sming&Shadc Fi�i�•..:cr.�.�rden Trod Harveieare5lle Community clubhouse R-mhrru Oirherd ii1king Park 8&sftite$SQ lone Swimming pool Children s play structures -- ❑uWiouse ', _ Pool&Spa Sports courts 4ucdoo,Kkcchen r Lee Games PlGkle ill CowlsOutdoor fitness stations � � � Gonrnunny Garden Fire Plc • public area and ' J, - lLenwnc Orchard �- - informational kiosks THE BARWAW Open grassy areas for active recreation CO) FAIIdwT V 3L IMIT 9j T�.:f, i, •:ti fir..-• .F Retain items from Jackson Family Farm as architectural elements and landscape features ••M'i I�tit•4 r .'.�1✓�� -1 r �+ 1• 23 "REHOU IT CONC 1- 10 Pool, workout room, meeting _ { area, kitchen, outdoor lounge. ENTRY MONUMENT CONCEPT 0 ow L �p _'f. wN ro4 1 4A 1!f Tllr,a�vol mw tvr —. mum pm 1!40 _ _ I I—P Yr mOW` P. IIEMMYi SFL LilM —1 mmmm HW PR*LiA'f MQNr WT-WM AT 9R1`kM L LNQ H ill • '� mr —iwaxi t E E Ei61 1 o Ommurm LOW 4 —1!I'm VA*m LAIR I � eoARa-Eur.Ea CEINCAETE �_•"; .—rl�� rME 9ANOIK STEEL lETifCK �w M arum imi 1EIIEEI rVrSE PRIMARY}�f.Ei`M 1' D SIDE ELExATK)N SECDNDARY MONUMENT. ENTKY A7 UNDER IUD F� 40or0 NUA ga bo" t ", _ ■ C E ■. __ J u s� ' r - N VA MET, y III READING THE NEEDLE f, Respects large County lots that are unlikely to change while remaining consistent with City planning Honors the spirit and intent of the comp plan designations for this property Uses only existing City resources planned for and constructed in this area Utilizes investments already made Does not permit additional westward expansion No issues identified by service providers Sets the bar high with excellent amenities and significant open space • Qualified Open Space % agreed upon with Staff • Update plans for Calkins lateral • Update Guernsey road sections r r N v, Pu" p Y • Work with staff to discuss block face lengths • 10' pathways on both sides of all internal collectors 28 UPDATES SINCE P&Z CATKINS LATER,RL I I I I I I I I I I IU MULT�I-USE.PATHWAY E; Si l q�� 0 woo if a CFLKlMS`ta4TFf3AL 40.00' IRRIGATION 20.W MERIDIAN DISTRICT EASEMENT THIN}4Y EASEMENT FENCE ENCE 10.w 5.w PATHWAY 5.00, fi0.00' 10 , pathway on both sides of collectors and on arterials VRT Bus Stop aim h 9 oil Extend Farmyard Ave in northeast corner ► '� , M oo AL.. A 1. DGuernsey Road Section Update Added Multi-Modal Amenity Elevation Enhancement on Collectors ■ Approval ■ Annexation/Zoning ■ Development Agreement ■ Preliminary Plat TJT C- I S 10 ■ In agreement with conditions of approval with one exception 31 Condition A. 2 .h Requires: 20-foot wide common lot on back side of ,P_;:g 0jjirl�:� �� ir: �� .;;. 1/2 -acre lots (against Givens) IVIl lux Request: 7-foot wide CONDITION HOA)common lot (maintained by.Pj Request additional condition requiring signage at end of Calkins Lateral pathways 35' c x_ 7' P N OP, IRRICAT10M ESMT. IRRIGATION EASEMENT SIR it, ti Zx' 14` LOT 27 LOT5 20-26 AND 25 } iBLOCK 11 BLOCK 1 I I 1 s- IIIU2.1] ie�l� '^I� �--.� nI TI ,� nL �. 1 .� �.�:-.. .I JI 1=1 i 1=1LATEiLlinji ;I�IIII=1C =i,fl�ll-llllll=1111 .11-1-III.-!11= �.IIIII-III-11 .i .�. I.I=L' - EXrS-nNG T1LED I± I I 1 1—II0I 1 I �I EfAL I " -GVENS LAT 1 F I� ILJIIIE II IIJ _)7S TAINDARD GIVENS LATERAL EASEMENT SCALE: T u HANX Ti 7q LOT SIZES R-2 Lots R-8 Lots # of Buildable Lots 12 # of Buildable Lots 74 Minimum Lot Size 18,993 sq ft / 0.44 acres Minimum Lot Size 5,508 sq ft / 0. 12 acres Average Lot Size 22, 168 sq ft / 0.5 acres Average Lot Size 7,628 sq ft / 0. 17 acres R-4 Lots # of Buildable Lots 177 Minimum Lot Size 8,003 sq ft / 0. 18 acres Average Lot Size 11 ,023 sq ft / 0.25 acres " OLLEEN KELLY WAIVERS (3801 S LINDEF RDA Remain on well and septic until Phase 4 Utilities are not accessible to the site until at minimum Phase 3 Keep the existing Linder Rd. access until Phase 4 Due to the circuitous route through the subdivision once Linder access is removed from the Property Linder Rd. street improvements with landscape buffer, and sidewalk would still be constructed during Phase 1 ONGOING AGENCY BOADW,-- AY PROJECTS 2022 - Design of Intersection at Overland and Linder Road to be widened (IFYWP). 2023 - Intersection of Ten Mile Road and Victory is currently being reconstructed as a multi- lane roundabout (IFYWP). 2026 - Design of Victory Road widening to 3-lanes from Linder to Meridian Road (IFYWP). 2026-2027 - Linder overpass currently expected to begin construction collaboration between ACHD (CIP) and ITD. 2036 - 2040 -Victory Road to be widened to 3-lanes from Ten Mile Road to Linder Road. Linder Road to be widened to 3-lanes from Victory Road to Amity Road and Victory Road to Overland Road. Intersection of Victory Road and Linder Road to be reconstructed as a single- lane roundabout (CIP). SERVICES I 55 - 41M. �y I TRAN �►RTTION — ra D — -6 and:RrJ P ,.— E gland Fri fJ rr k r I .. -i T _ [tl�unta'ln _ A.click ai g,Prac mx l ���� ]Im Q HanSen,Nce-PreeMen! r _ �_�_� ��� �Itl M[Nirney,Cemmlcxrener o$a%f } ++ ,� Kam caldxhorPe,cnmmiwmer ' SC� 'J+ f �fireMaLdd,Lommic9ipntlr r••• F�11k I r • I• � AW. November 9,2023 I r 0 � To: KiHorn&Associates,Inc. 25% ' NiMcolettlette Womack V 1 W C �,' q it t B W.Ban n oo37 street,Su lte 1700 i " - - subject MPP23-0027J H-2023-0055 • �- - 2365 W.Victory Road and 40055,Linder Road ��� - � (Located near the SWC of Victory Road and Linder Road} Jackson Bu rnsi de)Ridge Estates-An nexatron,Rezone,Preliminary Plat On]une 1,2022,the Ada County Highway 01strict approved MPP21-0013/H-2021-0070/ Burnside Ridge Estates for an annexation,rezone,and a preliminary plat application to allow for the development of 299 lots on 119•acres-The site-specific conditions of approval also 7 F fi apply to M PP23-00221 H-2023-0055Y Jackson(Burnside)Ridge Estates. _I i If you have any questions,please feel free to contact me at(208)387-5171. 4V Amity R-d 40 -^1111- E AmE1yr-Rd -- - .- •. Sincerely, r '� " ' {' 4$ Renata Ball-Hamllton 7 r I } _ Runner � r L development Services cc CityofMerldian(Paula Middleton),viaemail 6..t . J {} 12 connecting you to more ntte[:oumy Ml�.vay Qs[na-Y'tn Adams Street•Garden Cary,1C1-aF71h-PH Xla 3a7-6NItl•Fx7A5-?664•vnw.schdiAahoMp ZONING SCHEDULE HOLDING I �I R EA C--�� I � CONCEPTITIOR T, ]DEVELOPMENT P L A N I � I I Fr t I 17 rI-T SERV I � r YIiIQR �o6eh•trloi' �,� 1 * . - I _ xt -- . N.p or I I ' � I LM1 uaai - r,Lh17 ut xX 1�lw 77 . ti -- MUM f. Ear,Lny morel hL7m I I EMrshmg 5DYm MarhoILL pprcmrnal!LDcA mS PrHmrkl lyr S*Yler Pou"lim ErroWyWawk wi 60_ II L3• SERVICES m IRRIGATION ■ Gravity irrigation provided by Boise Project Irrigation District via the Calkins Lateral • Pump station and storage for peak demand constructed onsite for pressure irrigation service ■ Excess irrigation water will be routed downstream to the existing, historic outfall location r SERVICES APM. I x2 �7d� I I p* TRANSIT E. GUERNSEY ST, N0'3T'1TE r + W37,1- 165.10' 11 � � R a 164.34' si ' -E ' 19' cc — ■ Add a Standard Bus Stop OCx � BF-OCKa 6 T -9 10 a ix 1f 13 is ,5 ,B 4 N89,08`36 W with 101 X 101 concrete pad to allow VRT to C. ryva roF schedule a stop there as 7 116 15 14 13 12 fi 11 R " 7 6 5 4 3 I art of future route 4� - planning * 20 21 22 23 24 25 2s 27 25 e _ 31 1 a GPM_ _ E. DRAWBAR ST _- I 122623 10 1] 32 I 12 zi ,0 1# 12 13 #d 15 16 17 SLOG( 11 . I 33 �* 7 4 3 2 1 I 34 Wuxi s,i Iwo —r7 nI b E. IRR ATORST I 35 LI MDR , -31.47ac 83 lots ri 2.64dlfa c7TIlF-T -� 4 I I �1 1 I _I_� ENO hOldkng area I4t5 DENS11 I I -J /)J-T f ' LDR area west of Farmyard Ave is 26.07ac.which is less -��! ° /l • , r-,�`- i than 9 of Lota l a ea west of Farmyard Ave Il � t r LDR -91.83ae - T • " , r _ I ICI Ji l �II�yI'r IIi� �� -180 lots We,holding area � � !• r, � J 1.96 dWec w!o holding area; -220 fiats wl holding area -2.4.40 dufa c wl balding area Holdirug Area - - __ L I�✓fA iT _ - - - __� }5 � I 1 I I I PHAS INGPLA" N `-- `- - - - PHASING DATA ' PHASE# 6UILDAELE LOTS 1 ❑ ' PHASE 2 0 ; i_ I 87 4 12 I TOTAL m y , f I I I � f I ]12]'ifIQKO i ]rrannem� I H-E u'-E H-1 E U.7 L Ph1PT WI } � 7 I Aw153d] 'H_.Z UNE�14 y •� .\ ♦�� _I_-_ _ _ 1 1 I g PHASE_ f HA-�IE I y k — � HOLDING AREA w CO)C Yhl9Td dIP 4 lIW1171Ed VICTORY ROAD } - — -4"W— CHANGES SINCE2022 • 2 Years Time *2022 PlansCIO • Added: II J y • Holding Area/Concept Plan • R-8 lots • Jackson property Fir • Streets and pathways 1 1 giv ROL �; : . ML 02- Rd �.. OWN + * ! Y ll l`rY`Ii5 Y JELM 46 MIX P"'IIVIELINE Pre-Application Neighborhood PZC Hearing CC Hearing Neighborhood Resubmittal PZC Hearing Meetings Meetings Unanimous Denial Meetings Approval 1 2 at Calkins Lateral pathwayrequiring signage/barricade Request addition of condition conditions of approvalIn agreement with Preliminary PlatDevelopment AgreementAnnexation/ZoningApproval 3 2 additional acres along Linderacre holding area-218-4, and R-2, R-R102 acres*263 building lots*Updated ApplicationNo holding area4 only-2 and R-R121 acres275 building lotsOriginal Application 4 October 2023entitled September/ Windrow Subdivision time extension in Sept 2022and preliminary platted; Brundage Estates annexed constructionis entitled and under Linder and Meridian Road Square mile between 5 southSeparate sewer shed on the north and westwith a wall of County lots on of annexable property “Pocket”Brundage Estates is similar densityaverage parcelsacre -Windrow Subdivision: 0.14parcelsacre -Edgehill Subdivision: 0.18acre parcels-10–Stetson Estates: 5Varying Densities: 6 at Calkins Lateral pathwayrequiring signage/barricade Request addition of condition conditions of approvalIn agreement with Preliminary PlatDevelopment AgreementAnnexation/ZoningApproval 7 residential propertiesbetween existing rural du/acre. Often transition 8 -Gross densities between 3Residential: Medium Density du/acregross densities below 3 large and estate lots with family homes on -Single: Low Density Residential 8 Planning AreasDensity Residential Medium andDensity Satisfied for both Low Density Requirements 9 AREAHOLDING 13.36 acresOpen Spaceby 2030)Four (built out Phases2.6 DU/AcreGross Density32Common Lots263Buildable Lots 10 42 amenity pointsProposed20 amenity pointsRequired recreationOpen grassy areas for active •informational kiosksPublic area and •Outdoor fitness stations•Sports courts•Children’s play structures•Swimming pool•Community clubhouse•Bicycle parking•Benches•Shade/picnic areas w/ tables• 11 12 13 14 15 acres17.0/ftsq628,7SizeLotAverageacres12.0/ftsq508,5SizeLotMinimum74LotsBuildableof#8 Lots-R 11,023 sq ft / 0.25 acresAverage Lot Size8,003 sq ft / 0.18 acresMinimum Lot Size177# of Buildable Lots 4 Lots-R2 Lots-R 22,168 sq ft / 0.5 acresAverage Lot Size18,993 sq ft / 0.44 acresMinimum Lot Size12# of Buildable Lots 16