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Home My WebLink About2024-06-11 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, June 11, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Mayor Robert E. Simison ABSENT Councilman Luke Cavener Councilwoman Liz Strader PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock 1. Movado Subdivision Sanitary Sewer and Water Main Easement Full Release of Easement (2023-059120) ESMT-2024-0037 2. Movado Subdivision Sanitary Sewer and Water Main Easement Full Release (2023- 059091) ESMT-2024-0038 3. Nine Mile Creek Bungalows Sanitary Sewer and Water Main Easement (ESMT- 2024-0077) 4. Findings of Fact, Conclusions of Law 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 5. Development Agreement (Stonehill Church H-2023-0041) Between City of Meridian and Stonehill Church, Inc. for Property Located at 799 W. Amity Rd. 6. Approval of Construction Contract to BriCon, Inc. for Construction of Restroom Footings, Site Work and Utilities at Lakeview Golf Course for the Not-To-Exceed amount of $239,900.00 7. Professional Services Agreement Between Meridian High School Band Boosters, Inc., the City of Meridian, and the Meridian Arts Commission 8. Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel #R5672000720 - Agreement between City of Meridian and Trax Holding 9. Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel # R5672000710 - Agreement between City of Meridian and Trax Holding 10. Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel #R5672000721 - Agreement between City of Meridian and Trax Holding ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics RESOLUTIONS \[Action Item\] 11. Resolution No. 24-2458: A Resolution Appointing Brienne Sandow to Seat 8 of the Meridian Parks and Recreation Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Whitlock, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock ACTION ITEMS 12. Public Hearing for Pine 43 Subdivision No. 3 (Lot 15, Blk 3) (H-2023-0067) by J- U-B Engineers, Inc., located at 1225 N. Meadowglen Ave. Approved Application Materials: https://bit.ly/H-2023-0067 A. Request: Vacation of the 5-foot wide side yard utility easement along the north side of Lot 15, Block 3, Pine 43 Subdivision No. 3. Motion to approve made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock ORDINANCES \[Action Item\] 13. Ordinance No. 24-2053: An Ordinance (Stonehill Church H-2023-0041) for rezone of a portion of the north half of Section 36, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 13.36 acres of land from the R-4 (Medium Low-Density Residential) zoning district to the R-8 (Medium-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock FUTURE MEETING TOPICS ADJOURNMENT 6:12 PM Meridian City Council June 11, 2024. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, June 11, 2024, by Mayor Robert Simison. Members Present: Robert Simison, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Members Absent: Luke Cavener and Liz Strader. ROLL-CALL ATTENDANCE Liz Strader X Brian Whitlock Anne Little Roberts X John Overton _X_ Doug Taylor Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is June 11th, 2024, at 6:00 p.m. We will begin this evening's City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next up is our community invocation, which tonight will be delivered by Brian Yeager. If you would like to join us in the community invocation or take this as a moment of silence and reflection. Brian, we will invite you up to the podium. Yeager: Thank you for giving me the opportunity to be here and I want to thank you for the leadership of the City of Meridian. It's an amazing place to live. My home for the last several years. So, join me in prayer. Father, thank you for the -- this great community that we call home. Father, we thank you for the leaders who lead us as a community and make this an incredible place to be and to live. Father, we pray for wisdom tonight. We pray for our leaders tonight. We pray for calm heads, clear hearts and your move through us as important topics are decided. Thank you that we get this honor of being a part together of this community, in Jesus' name, amen. ADOPTION OF AGENDA Simison: Thank you, Brian. Thank you for all KTSY does in our community. With that we will move on to the option of the agenda. Meridian City Council June 11,2024 Page 2 of 8 Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Seeing there is no changes to the agenda this evening, I would move that we approve the agenda as published. Little Roberts: Second. Simison: Have a motion and a second to approve the agenda is published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Movado Subdivision Sanitary Sewer and Water Main Easement Full Release of Easement (2023-059120) ESMT-2024-0037 2. Movado Subdivision Sanitary Sewer and Water Main Easement Full Release (2023-059091) ESMT-2024-0038 3. Nine Mile Creek Bungalows Sanitary Sewer and Water Main Easement (ESMT-2024-0077) 4. Findings of Fact, Conclusions of Law 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., RAW 5. Development Agreement (Stonehill Church H-2023-0041) Between City of Meridian and Stonehill Church, Inc. for Property Located at 799 W. Amity Rd. 6. Approval of Construction Contract to BriCon, Inc. for Construction of Restroom Footings, Site Work and Utilities at Lakeview Golf Course for the Not-To-Exceed amount of $239,900.00 7. Professional Services Agreement Between Meridian High School Band Boosters, Inc., the City of Meridian, and the Meridian Arts Commission 8. Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel #R5672000720 -Agreement between City of Meridian and Trax Holding Meridian City Council June 11,2024 Page 3 of 8 9. Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel # R5672000710 -Agreement between City of Meridian and Trax Holding 10. Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel #R5672000721 -Agreement between City of Meridian and Trax Holding Simison: First up is the Consent Agenda. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Little Roberts: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any -- any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, Mr. Clerk, anything under public forum? Johnson: Mr. Mayor, there is no one. RESOLUTIONS [Action Item] 11. Resolution No. 24-2458: A Resolution Appointing Brienne Sandow to Seat 8 of the Meridian Parks and Recreation Commission; and Providing an Effective Date Simison: Okay. Then with that we will move on to Item 11, which is Resolution No. 24- 2458 appointing Brienne Sandow to Seat 8 of the Meridian Parks and Recreation Commission and providing an effective date. So, Council, we have -- the resolution before you is to fill a vacancy on our Parks and Rec Commission that resulted from someone stepping down early and so it is a shorter term appointment, at least for now, but sat down with the Parks and Rec Commission chair like we always do and had Meridian City Council June 11,2024 Page 4 of 8 some great applicants for the position and one of the interesting things that I couldn't recall in my 17, 18 years, however long I have been with the city, is -- is having someone such as a nurse, you know, involved in one of our commissions, committees. Not to say we haven't, but I don't know everyone's profession, but she definitely -- when you think about the role of parks and our, you know, jurisdiction under public health as the reason for our parks, to have someone who is in that field be able to bring that knowledge and skills into the conversation about what important role our parks can play and whether it's viewing it as a resident perspective or viewing it as a policy expert in that arena and I think if you look at what Brienne has done and whether it's serving on United Way and others, it will definitely I think bring a -- a unique valued aspect into our Parks and Recreation Commission and may just be that she brings that in and they continue to just be focused on the things that they were doing great in our parks, but it could also open up new avenue. So, I think she will be a great addition and with that I would stand for any questions. I know she was hoping to be on. I didn't see her show up online. She's preparing for a trip is what I understand. So, she was trying to balance multiple things this evening. But I know she's excited for the opportunity to serve. I would stand for any questions you may have. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: I have had the opportunity to know Bri for a number of years and she is a true leader and she brings passion to whatever it is that she does and I -- I agree wholeheartedly with your representation that not only will she bring a nursing perspective to the Parks and Rec Board -- or Commission, but she will -- she will be enthusiastic about moving our community forward and I wholeheartedly support her being appointed to this vacancy on the Meridian Parks and Rec Commission and so with that, unless there is -- there is any other comments, I would move that we approve Resolution No. 24-2458 appointing Brienne Sandow to Seat 8 of the Meridian Parks and Recreation Commission. Overton: Second. Simison: Have a motion and a second approve Resolution No. 24-2458. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. Thank you very much. We look forward to having her once she returns from her trips, so -- MOTION CARRIED: FOUR AYES. TWO ABSENT. ACTION ITEMS 12. Public Hearing for Pine 43 Subdivision No. 3 (Lot 15, Bilk 3) (H-2023- 0067) by J-U-B Engineers, Inc., located at 1225 N. Meadowglen Ave. Meridian City Council June 11,2024 Page 5 of 8 A. Request: Vacation of the 5-foot wide side yard utility easement along the north side of Lot 15, Block 3, Pine 43 Subdivision No. 3. Simison: With that we will move on to our Action Items for this evening. First up is Item 12, which is public hearing for Pine 43 Subdivision No. 3. We will open this public hearing -- it's H-2023-0067. We will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The first and only land use application before you tonight is a request for a vacation. This property is located at 1225 North Meadowglen Avenue. It's south of East Fairview Avenue and west of North Webb Avenue in the R-15 zoning district. This property was platted as Lot 15, Block 6, of Pine 43 Subdivision No. 3. The applicant requests approval to vacate the five foot wide side yard utility easement along the north side of the lot as depicted on the recorded plat. The reason for the request is to remove restrictions to the home builders building footprint, as there are no in-ground or overhead utilities in the subject easement. The exhibit map shown on the right depicts the portion of the easement proposed to be vacated. The applicant has submitted relinquishment letters from all impacted utility companies consenting to the vacation of the easement as proposed. Letters were received from Settlers Irrigation District, Sparklight, Lumen, Idaho Power and Intermountain Gas Company. Staff is recommending approval and there has been no written testimony on the application. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions for staff? Okay. Would the applicant like to come forward. Good evening, Dan. Torfin: Good evening Mayor, Council Members. Dan Torfin. 659 East River Quarry Drive in Eagle, Idaho, representing the applicant and I concur with the report and I'm here just to answer any questions that you all may have. Simison: Okay. Thank you. Council, any questions for the applicant? All right. Well, thank you very much. Torfin: All right. Thank you. Simison: And, Mr. Clerk, anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, no. Simison: Okay. Is there anybody present who would like to provide testimony on this item? And there is nobody online. So, that option is not needed. So, applicant waive any final comments? Okay. Applicant waives final comments. So, with that, Council, what's your direction? Overton: Mr. Mayor? Simison: Councilman Overton. Meridian City Council June 11,2024 Page 6 of 8 Overton: It seems like an extremely straightforward request and no other comments, I move that we close the public hearing. Little Roberts: Second. Simison: Have a motion and a second to close the public hearing. Is there any -- any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Move that we approve H-2023-0067. Little Roberts: Second. Simison: I have a motion and a second to approve H-2023-0067. Is there any discussion on the motion? If not, clerk will call the roll. Roll Call: Cavener, absent; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: FOUR AYES. TWO ABSENT. ORDINANCES [Action Item] 13. Ordinance No. 24-2053: An Ordinance (Stonehill Church H-2023-0041) for rezone of a portion of the north half of Section 36, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 13.36 acres of land from the R-4 (Medium Low-Density Residential) zoning district to the R-8 (Medium-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Meridian City Council June 11,2024 Page 7 of 8 Simison: Dan, come back next time and spend a little bit more time with us. Next item up is Item 13, which is Ordinance No. 24-2053. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Stonehill Church H-2023- 0041 for rezone of a portion of the north half of Section 36, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada county, Idaho, more particularly described in Exhibit 'A" rezoning 13.36 acres of land from the R-4 zoning district to the R-8 zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody who would like it read in its entirety? If not, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move that we approve Ordinance No. 24-2053. Little Roberts: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2053. Is there a discussion on the motion? If not, clerk will call the roll. Roll Call: Cavener, absent; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: With that anything under future meeting topics? Or a motion to adjourn. Overton: Mr. Mayor? Simison: Councilman Taylor -- or Councilman Overton. Overton: I will make a motion that we adjourn. Meridian City Council June 11,2024 Page 8 of 8 Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:12 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 6-18-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 6-18-2024 AGENDA ITEM ITEM TOPIC: Movado Subdivision Sanitary Sewer and Water Main Easement Full Release of Easement (2023-059120) ESMT-2024-0037 ADA COUNTY RECORDER Trent Tripple 2024-031547 BOISE IDAHO Pgs=1 BONNIE OBERBILLIG 06/12/2024 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2024-0037 Movado ULL RELEASE OF EASEMENT TY E O EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easemeni GRANTEE: CITY OF MERIDIAN GRANTOR: C4 Investments, LLC and INCLUDING SUCCESSORS AND ASSIGNS Meridian Movado Village Investors, LP WHEREAS, by easement dated October 18 2023 and recorded as Instrument Number 2023-059120 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 I1th day of June 20 24 CITY OF MERIDIAN kob'erl E. Sim`son, ayor Attest by Cho Johns' °"` Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-11-2024 (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) Notary Signature CHARLENE WAY My Commission Expi s: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 AGENDA ITEM ITEM TOPIC: Movado Subdivision Sanitary Sewer and Water Main Easement Full Release (2023-059091) ESMT-2024-0038 ADA COUNTY RECORDER Trent Tripple 2024-031548 BOISE IDAHO Pgs=1 BONNIE OBERBILLIG 06/12/2024 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2024-0038 Movado ULL RELEASE OF EASEMENT TY E O EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easemeni GRANTEE: CITY OF MERIDIAN GRANTOR: C4 Investments, LLC and INCLUDING SUCCESSORS AND ASSIGNS Meridian Movado Village Investors, LP WHEREAS, by easement dated October 18 2023 and recorded as Instrument Number 2023-059091 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 1 ith day of June 20 24 CITY OF MERIDIAN Robert E. Sim son, ayor Attest by C 1s John'' �°`'y Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-11-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (sta mp)p) Na&ycWait Notary Signature CHARLENE WAY My Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 AGENDA ITEM ITEM TOPIC: Nine Mile Creek Bungalows Sanitary Sewer and Water Main Easement (ESMT-2024-0077) ADA COUNTY RECORDER Trent Tripple 2024-031552 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/12/2024 09:45 AM CITY OF MERIDIAN,IDAHO NO FEE Project Name or Subdivision Name: low Sanitarn Sewer& Water Main Easement Number: tCary s}Us Ease %by vqv to9 nu336r 6he Vtolaxe domaim,nmrethan onee trcervs of. this iM Sri eaccs 1is3 for addhwnal anlareer mwsc For Internal tlsc Only ESMT-2024-0077 ADA COUNTY RECORDER Trent Tripple 2024-033192 Record Number: BOISE IDAHO Pgs=8 VICTORIA BAILEY 06/20/2024 11:29 AM CITY OF MERIDIAN, IDAHO NO FEE Re-Record to Fix Exhibits SAN;!'1"I Sl AER AND WATER MAIN EASE( EN THIS Easement Agreement made this 11th day of June 20 24 _between Rcto 1, ("Grantor')and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property'hereinafter particularly bounded and described:and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WfIEREAS, 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 Lento 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 A'iTACHED 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 HOL,D. 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. Sanita►y°Sewer and Water Main Easement Page I Version 01/01/2024 Project Name or Subdivision Name: low s Sanitarn Sewer& Water Main Easement Number: + ,1Ury s}Us Ease t by vqvet3aol nu336r 6he Vtolaxe damaim,nmrethan onee trcesys of. this iM Sri eaccs 1is3 ror addhwnal anlareer mwsc For Internal Use Only ESMT-2024-0077 Record Number: Re-Record to Fix Exhibits SANI ARY SEIIER AND WATER MAIN EASEMENT THIS Easement Agreement rilade this „th day of June 20 24 _ between W al , EU ("Grantor")and the Cite 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 A'17ACHED 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 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 THE GRAJ\1TOR covena11ts and agrees tl1at Gra11tor sl1all not place or alJo,v to be placed an) pcr1nar1er1t structures or obstructions ,\,jtl1in tl1e ease111ent area that \vould interfere "''itJ, Grantee's use of said easeme11t. i11cluding. but 11ot limited to, bL1ildings. trash c11closL1res. carports. sl1eds. fences. trees, or deep-rooted shrLtbs. Tl-IE GRA 1TOR covenants a11d agrees with the Gra11tee that s1,ould a111 part of the right-of¼ay a11d ease111ent l1ereb) granted shall beco1ne part of. or I ie ,vitl1in the l1ou11daries of an)' public street. tl1en. to sucl1 e2'rtent. SLtch right-of-,va) and ea�e1ne11t hereb)' granted \\'hich lies ,,,ithin sucl1 boL1ndar} thereof or ,,,hich is a part thereof. shal I cease a11d become null and ,·oid and of no further effect and sl1all be completely reli11qt1ished. THE GRA 1 1 OR docs hereb) co, en ant ,, ith tl1e Gra11tee tl1at Gra11tor is la,, fLtl I) seized ru1d pos essed of tl1e aforeme11tioned and described tract of land. a11d tl1at Granter l1as a good and la,\ ful right to con, e) said easement. and tl1at Gra11tor ,vi 11 \\ arrar1t and forever defend the title a11d qLtict pos�e�sion tl1ereof agai11st tl1e lawful claims of all perso11s \\hornsoe, er. THE COVE A TS Of GRA TOR made l1erein shall be bi11di11g t1po11 Grantor's successors. assigr1s. heirs. persor1al represe11lati,1es. purcl1asers. or trar1sferees of ar1y kind. I1\ \\'lTNESS v\'HCREO�. tl1e said parties ofthe first part l1a,1e hereunto subscribed their sigr1atures the da) and )'Car first l1erein above \\'ritten. GRANTOR: TA TE OF IDAHO ) ) ss CoL1r1t) of Ada ) This record \\'as acknO\\'ledged before me on 5 /2'6 f 1,4 (date) by \(J;\o1v.-E \,-u.ke.+b Sh.�""" �11an1e or indi,1 idual), {,'f}J�Jp/.et� tl1efo/lo1vins ifsigJJii:JS i11 a .J"flf)J·e>,·g11tati1'e CflJ)(lCif)'. of· .jfrike lhe_follolvi,1g {j;'ii,�1<1i11g in a� i12dh1idi1al COJJa£-ilJzj Oil I t ( I behalf.of __________ c,�a,ne or e11lit)· 011 behaJf of \\'flt}ITI reeorEI 'v'f8:S executed). i11 tl,c follo"·ing represeritative capacit),: (t)'pe of .. authorit) sacJ1 as officer 01 trustee) :"\ot.1 ") �trunp l3t!lo,, . ,...,...,...,...,..,...,...,...,...,....,..,..,...,...,...,....,...,..,...,...,...,v,,,, JASON TREY SMlTH COMMISSION #20241250 NOTARY PUBLIC STATE OF IDAHO otar) SignatL1re Nl)1 Commission Expires: L\ \ 1)l l0'60 anitm e\,er a11d Water Main Easement Page 2 Version 01/01/2024 • GRA TEL-:: CITY 01: MERIDIAN Robert E. Sin1iso11. Ma,1or Anest b ) Cl1ris Joh11son, Cit) ('!erk ST A TE OF IDAHO. ) : ss. Co11nt)' of Ada ) This record \Vas ackr10,, led ged before me on _______ (date) b)' Robert E. Si1niso11 and Cl1ris Jol111 on on behalf of tl1e Cit ) of Meridian. in their capacities as Mayor and City Clerk. respecti\el). • anitan e,\·er and \Vater \i1ain Easement • Notar1 Sign ature M)Commission Exp ires: _______ _ Page 3 ... Version 01/01/2024 6-11-2024 6-11-2024 6-11-2024 3-28-2028 Exhibit A LEGAL DESCRIPTION FOR CITY OF MERIDIAN WATER, SEWER,& INGRESSIEGRESS EASEMENT A parcel land located in the Southeast 1/4 of the Northeast 1/4 of Section 19, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARING: The East line of the Northeast 114 of Section 19, Township 3 North, Range I East, Boise Meridian, derived from found monuments and taken as South 00'34'17"West, with a distance between monuments found to be 2654.59 feet BEGINNING at a p Westerly Right-of-Way of S. Locust Grov ich the East 1/4 r r , t 201.56 corner of Section 19 th Range 1 East, B.M. bears I South 01010'24" East, feet-, thence along said Westerl South 00'34'54" West, a .72 feet-, thence leaving said Westerly orth 89025'43" We of 31.56 feet-, thence North 00000'00" East, a di feet; thence North 89'25'06"West, a dista eet, thence North 58037'59" East, a distance thence North 00034'54" East, a distance of 3 thence North 48'11'36"West a distance of thence South 89'25'06" East, a distanc thence North 00'00'00" East, a dist et; thence South 89025'06" East, a 00 feet-, thence South 00000'00" Eas f 1.23 feet; thence South 89025'06" t on the Westerly Right-of- t Grove Rd., a distance of 12.23 feet: thence along said -of-Way South 00'34'54" West, a dista et to the POINT OF BEGINNING Said parcel containing 7,175 square feet or 0.16 acres, more or less and is subject to all existing easements and/or rights-of-way of record or implied. END OF DESCRIPTION. NL L GIST Kenneth H. Cook, P.L.S. 9895 Timberline Surveying91 316 S Kimball Ave., Ste 207 Caldwell, ID 83605 (208)465-5687 U:\TS-22\ADA\22061-SHEA-SUBDIVISION\SURVEY\LEGALS\22061 - UTILITY EASE-COMMON LOT.DOCX no .. „ e P O F, IU �- �--�•- P P 4 Noa 345_4"E-30.00' _Or co m 0 Imo m J-00 o" n o © a 0 m Z m m m 0 W T >m E c z - S° p I r- a _ cn to z (n to co 0 I I Im I m m x &i m r " w a0 I m z 2 m D m � co 0 I O m ° I Z Its Z D > Z r W a o0 m m m a N I N tTl � m -AI aom I 44� m rn cl D M� m UP ca M co -1m ode oZ?— v 19-72' 13.09 20.00' 70-flfl' ( W p a to ,r i C3 NOfl'3454 E-65.72' o r G •T7 r I CD Op O w -0 CD rip 'ton, r ' -n Z a Sri �m a CD z r"�i'� Ns hi Z - En 4 W o rr�oti� i-v. °� m� Ma O O y y CfJ Co Cc; ti, 1r � ..4 _ 1201.4©;__ S. LOCUST GROVE R!!. 1453.5T�� c tv S00034'1 T W-2654,59' R Cc) '� BASIS OF BEARING � � Exhibit LEGAL DESCRIPTION FOR CITY OF MERIDIAN WATER, SEWER,fk |NGRESSIEGRE8S EASEMENT A parcel land located in the Southeast 1/4 of the Northeast 1/4 of Section 19, Township 3 North, Range I East' Boise Meridian, City of Meridian, Ado County, Idaho. Being further described oufuUuws� BASIS OFBEARING: The East line of the Northeast f/4uf Section f{\ Township 3 North, Range f East, Boise Meridian, derived from found monuments and taken as South 00'34'17"West, with a distance between monuments found b» b* 2854.50feet BEGINNING eta point along the Westerly Right-of-WaynfS Locust Grove Rd. from which the East 1/4 corner uf Section 1A Township 3 North, Range 1 East, B.N1. bears South 01"1O'24'' Eaot � diahann� of12O1 5� f��t- . . thence along said Westerly Right-ofVVay South OO"34'54" West, a distance of1S.72feet� thence leaving said Westerly Right-of-Way North 89*25'43" West, a distance of 31.56faet� thence North 0O°OO'OO" East, o distance of1O72feet; thence North 8Q"25'D0''West, a distance of117.O0feet� thence North 5B^37"5Q'' East, m distance uf11.34feet� thence North OO°34'54'' East, a distance of8O,OOhaat� thence North 48"11'3G"West a distance of15.17^ thence South 8Q"2G'O0" East, a distance of119.1Sfeet; thence North 80,QO'00^ East, a distance of1.23feet; thence South 89°25'OG" East, e distance of2OOOfeet thence South OO°0O'OO^ East, a distance of1.23feet; thence South 88025'06" Eaat, to a point on the Westerly Right-of-Way of8. Locust Grove Rd., adistanoe of12.23feet; thence along said Westerly Right-of-Way South 00'34'54" West, a distance of 46.00 feet to the POINT OF BEGINNING. Said parcel oontaining7.175 square feet orU.1G acres, more or less and is subject to all existing easements and/or rights-of-way of record or implied. END OFDESCRIPTION. GIST KeonethH Cook. P.L8 0895 ` Timberline Surveying cxrc 318S Kimball Ava.. Ste 207 Caldwell, |D836U5 Lp (208)485-5687 14. U:\TS-2I\ADA\2I061 SHEA-SUBD|V|S|ON\SURVEY\LE{SALS\22O61 - UTILITY EASE-COMMON LOT.DOCX T no p 1> P rz CD UX I )v--NOO'3454"E 30.00' co �i: m "00 Imo m 0 0 0 0 o 0 .n a) z m --4 m m 0 T R z m X z m z > I V) > cn (n C.0 co 0 z 00 CID -4 (D Ito m 0 'Y' Ul m C) 0 uo :-4 w m m al m x > 0 to 1 0 co M x M fW k I z m 0 M M z m (j) z m > > Z 0 Z > co M W 0 M c "25 Z m M 0 — ;u Z > z i cl) > z r --I �: . > G) z m 0 M z z P z o /j m m ;I, t� 03 * >0 > co m mm G) M AF007001001F CP 0) m > -tl ;a ;u -4 4� 19.72- Cd 14 > m cn NOO*34'17"E 0 co p c') co) m rn > ::i 20.00' qzl M r-) > m M Z > co ca c, 4 m > M co z W> m �u > M z E: cln C:D Q rA m z cn 0 "a 19.72' 13.09'___� 00' URI — — NOO'3454"E-65.72' 10.00, �� r*— to P CD lb -:t -c 90 6 r-0 -n CD z N3 ;t En 4�.;u M -v. g , mz t* -4 W o C-4 co fo cn m Ma 6 i (D co , C) 0 0 C�l 1201.00' S. LOCUST GROVE RD. 1453.5 60 S00034'1 7'W-2654.59' BASIS OF BEARING AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BURNSIDE RIDGE ESTATES – AZ, PP H-2023-0055 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation of 123.28-acres of Land with R-2 (11.91 acres), R-4 (89.55-acres) and R-8 (21.8-acres) Zoning Districts; and Preliminary Plat Consisting of 263 Building Lots, 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 for Burnside Ridge Estates Subdivision, by Kimley-Horn. Case No(s). H-2023-0055 For the City Council Hearing Dates of: May 7 and 28, 2024 (Findings on June 11, 2024) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 28, 2024, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 28, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 28, 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 BURNSIDE RIDGE ESTATES – AZ, PP H-2023-0055 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 28, 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 zoning and a preliminary plat is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of May 28, 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 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BURNSIDE RIDGE ESTATES – AZ, PP H-2023-0055 - 3 - 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 28, 2024 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BURNSIDE RIDGE ESTATES – AZ, PP H-2023-0055 - 4 - By action of the City Council at its regular meeting held on the ___________ day of ________________, 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 Attest: _______________________________ Chris Johnson City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: __________________________________ Dated: ________________________ City Clerk’s Office EXHIBIT A Page 1 HEARING DATE: May 28, 2024 Continued from: May 7, 2024 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, 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. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT 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/33 32 common/1 other) Phasing plan (# of phases) 4 (+ holding area for future re-subdivision) Number of Residential Units (type of units) 263 single-family detached units Page 2 B. Community Metrics 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 [%] / buffer / qualified) 11.53 13.36-acres (502,252 581,836 s.f.) 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, hazards, flood plain, hillside) The Calkins Lateral runs across the southwest corner of this site and the Givens 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) Description Details Ada County Highway District • Staff report (yes/no) Yes • Requires ACHD Commission Action (yes/no) No • TIS (yes/no) Yes • Level of Service (LOS) • 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 3 Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access is proposed via W. Victory Rd., a minor arterial street; and 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 Master Plan/Facility Plan Yes • Impacts/Concerns Flow is committed. See Public Works Site Specific Conditions Water • CIP/IFYWP Page 4 • 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 Master Plan Yes • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B of this report. C. Project Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 5 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 Posting Date City Council 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 on site 3/21/2024 4/18/2024 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 6 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 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 8 • “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 9 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.f. (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 10 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 11-2A-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 1 (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.5. 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 Way (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 11 neighbors (a large 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’) 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’) 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. Council should consider requiring traffic calming measures and/or additional pedestrian connections as provisions for a waiver(s). Page 12 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, LLC) 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: 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 13 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 (502,252 581,836 s.f.), which is 1.06 0.77-acres (or 46,174 33,416 s.f.) below over the required amount and includes areas that don’t meet the qualifications for such in UDC 11-3G-3B. Areas that don’t qualify include the following: Lot 18, Block 10, Lot 9, Block 11 and Lot 7, Block 6 as they don’t seem to have been integrated into the development as a priority and appear to be remnant areas; the common lots encompassed by the Calkins Lateral easement as the Boise Project Board of Control doesn’t allow their easement to be landscaped (only gravel is allowed within their easement); and common lots for micro-paths that are below 20’ in width. These areas should be removed from the qualified open space calculations. Parkways along local streets may be counted if they meet the standards listed in UDC 11-3G-3B.4. The common area outside of the Calkins Lateral where the pathway and associated landscaping is located can also be counted. 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 recommends the open space exhibit is revised prior to the City Council hearing to include changes that demonstrate compliance with the minimum qualified open space 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 14 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.f.) – 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, and Pedestrian & Bicycle Circulation and Multi-modal amenity categories as required; at least one (1) amenity is required to be provided from the Multi-modal category the Applicant should identify what this amenity will be prior to the Council hearing. Amenities totaling 41 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) if the lateral is piped as proposed. Page 15 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 Project Board of Control (BPBC) 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 11-3A-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, LLC) 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 paying 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 1- 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 16 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 application: 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. Key issue(s) 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 efficiency. b. Preference for Phase 4 to be included in Phase 3; c. Appreciation of the transition in density proposed from large rural parcels; 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.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. 5. Outstanding issue(s) 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 City Council heard these items on May 7, and 28, 2024. At the public hearing on May 28th, the Council moved to approve the project. Page 17 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 Hayes; Julie Langlois d. Written testimony: Several letters of testimony were submitted (see public record) e. Staff presenting application: Sonya Allen, Bill Parsons 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 adjacent property 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 visibility 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. Council modified condition #A.2h to only require a 7-foot wide common lot to be provided along the west boundary of the site for the Givens Lateral. b. Council approved the Applicant’s request for a waiver to the block face standard for all blocks that exceed the maximum length and required the Applicant to work with ACHD to provide traffic calming in these areas (condition #A.2e). c. Council included a new condition requiring a barricade to be installed at the end of the multi-use pathway adjacent to the Calkins Lateral at the west boundary of the site with a “No Trespassing” sign (condition #A.3j). Page 18 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 B. Preliminary Plat & Phasing Plan (dated: 2/29/24 4/8/2024) – REVISED Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 C. Landscape Plan & Tree Mitigation Plan Page 46 Page 47 Page 48 D. Qualified Open Space & Site Amenity Exhibit (dated: 1/31/2024 4/23/24) – REVISED Page 49 Signs require a separate permit and are not approved with this application. Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 E. Conceptual Building Elevations (dated: 9/20/21) Page 58 F. Conceptual Development Plan for Holding Area Page 59 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 #S1226110575) 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 60 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, Block 7) shall be included in the third phase of development. 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. c. Widen the federal easement for the Calkins Lateral to 60-feet (30-feet each side from centerline) per Boise Project Board of Control’s letter, unless a lesser width is allowed. If a lesser width is allowed, submit a letter from the Boise Project Board of Control stating such. 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 common lot(s) containing the Calkins lateral shall be widened to accommodate a 10-foot wide multi-use pathway with 5-foot wide landscape strips on each side of the pathway outside of the Calkins lateral easement, unless the easement holder will allow these improvements within their easement. 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 Irrigation 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. Council approved the Applicant’s request for a waiver to the block face standard for all blocks that exceed the maximum length with the provision that the Applicant work with ACHD to provide traffic calming measures in these areas in the form of bulb-outs, chokers, stamped concrete, etc. 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 Project Board of Control, who administers the easement, stating they will not allow anything within their easement (i.e. including a fence). Therefore, the 7-foot wide easement shall be placed in a 7-foot wide common lot. i. 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. Changes to the plat may be necessary to comply with these Page 61 standards. An updated common open space exhibit shall be was submitted that demonstrates compliance with and exceeds the minimum standards prior to the City Council hearing, included in Section VIII.D. 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. Depict at least one (1) site amenity from the multi-modal category (see UDC Table 11-3G-4 for more information). 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 amenity bike repair station that demonstrates compliance with the standards listed in UDC 11-3G-4C, D, 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 11-3G-5B.3. The landscape plan shall depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. j. Depict a barricade at the end of the multi-use pathway adjacent to the Calkins Lateral at the west boundary of the site with a “No Trespassing” sign. 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. Page 62 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 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.meridiancity.org/WebLink/DocView.aspx?id=337944&dbid=0&repo=MeridianCity C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=337945&dbid=0&repo=MeridianCity D. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=340779&dbid=0&repo=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=MeridianCity&cr =1 G. PARK’S DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=342211&dbid=0&repo=MeridianCity H. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancity.org/WebLink/DocView.aspx?id=341064&dbid=0&repo=MeridianCity Calkins Lateral easement (updated comments): https://weblink.meridiancity.org/WebLink/DocView.aspx?id=342492&dbid=0&repo=MeridianCity Givens Lateral easement: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=342665&dbid=0&repo=MeridianCity I. VALLEY REGIONAL TRANSIT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=340635&dbid=0&repo=MeridianCity Page 63 J. WEST ADA SCHOOL DISTRICT (WASD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=343177&dbid=0&repo=MeridianCity K. ADA COUNTY HIGHWAY DISTRICT (ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=340686&dbid=0&repo=MeridianCity Staff report for H-2021-0070: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=263214&dbid=0&repo=MeridianCity X. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant’s request to annex the subject property with R-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 City Council 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 City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The City Council finds City services are available to be provided to this development. Comments were not 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 City Council finds the proposed annexation is in the best interest of the city. Page 64 B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat 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. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the 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 City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30- 2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. AGENDA ITEM ITEM TOPIC: Development Agreement (Stonehill Church H-2023-0041) Between City of Meridian and Stonehill Church, Inc. for Property Located at 799 W. Amity Rd. ADA COUNTY RECORDER Trent Tripple 2024-031550 BOISE IDAHO Pgs=31 BONNIE OBERBILLIG 06/12/2024 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT . City of Meridian . Stonehill Church Inc., Owner/Develope THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this day of 2024, by and between City of Meridian, a municipal corporation of the State of Idaho, erea called-CITY," whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Stonehill ChurchInc., whose address is 1608 N. Meridian Road, Meridian, ID 83642, hereinafter called "OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit " ," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5 -3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer submitted an application for development agreement modification to remove the property listed in Exhibit " " from an existing Development Agreement recorded in Ada County as Instrument#2016- 007090, and for the inclusion of the Property into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—STONEHILL CHURCH H-2023-0041 Page 1 of 1.5 1.6 1.7 1.8 r.9 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and WHEREAS, on the 26th of March,2024,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "Bl'and WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and request; and WHEREAS, the property listed in Exhibit "Aoo shall no longer be subject to the terms of the existing Development Agreement (Inst. #2016-007090) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoningdesignations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT _ STONEHILL CHURCH H-2023-0041 Page 2 of8 3.1 3.2 CITY: means and refers to the City of Meridian, aparty to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. OWNER/DEVELOPER: means and refers to Stonehill Church Inc., whose address is 1608 N. Meridian Road, Suite 125, Meridian, ID 83642, the parties that own said Property and shall include any subsequent owner(s)/developer(s) of the Property. 5.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit'(A" describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument #2016-007090, with such parcel being bound by this new Agreement, which Exhibit ooA" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5 CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the site plan and conceptual building elevations included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and the provisions contained herein that are applicable to Lot 1, Block 1, Stonehill Crossing Subdivision. b. The future use of this site is limited to a church or place of religious worship and associated accessory uses as allowed by UDC II-4-3-6. Any change to the use shall require a modification to the agreement. c. The new north/south residential collector street (S. Oak Briar Way) shall be constructed in its entirety prior to issuance of Certificate of Occupancy for the church. DEVELOPMENT AGREEMENT _ STONEHILL CHURCH H.2O23.OO4I Page 3 of8 d. The final plat in which the subject property lies shall be recorded prior to issuance of Certificate of Occupancy for the proposed church. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners ofthe Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner's/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code $ 67-65114, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service andlor sewer seruice. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex andlor rezone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserve all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County,Idaho. DEVELOPMENT AGREEMENT _ STONEHILL CHURCH H-2023-OO4I Page 4 of8 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that arc beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of Cily nor apply to any subsequent default ofany such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. g. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoningthe Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above' 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties andlor required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, retum receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attomey City of Meridian 33 E. Broadway Ave. Meridian, lD 83642 DEVELOPMENT AGREEMENT _ STONEHILL CHURCH H.2023-OO4I Page 5 of8 OWNER/DEVELOPER: Stonehill Church Inc. 1608 N. Meridian Rd. Meridian, lD 83642 l4.l A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit ofthe parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development DEVELOPMENT AGREEMENT _ STONEHILL CHURCH H-2023.0041 Page 6 of8 agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses andlor conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the rezoning of the Property and execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT _ STONEHILL CHURCH H-2023-OO4I Page 7 of8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Stonehill Church Inc. //o*, Its: By: /4r**rrr Nelel Extruh'ur /,ul", STATE OF IDAHO County of Ada day 2024,beforeme,the SS: a appeared known or identified to me to be the Stonehill Church Inc. and the person who signed above and acknowledged to me that they executed 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. Public said State,personally DJ-,r\c\L N{o*o,.dor Notary Public My Commission Expires:qrr*-.\\oa? CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk sTArE OF rDAHO ] County of Ada t On this day of 2024,before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (sEAL)Notary Public for Idaho My Commission Expires L. Not'ry Publt€ . St.t! ot tdaho Comlnhglon Number 20ZtO0.t2 ,ay Cofimlrsloh Erpirci Jan t l, lO2Z DEVELOPMENT AGREEMENT _ STONEHILL CHURCH H-2023-0041 Page 8 of8 EXHIBIT A EXHIBIT B HEARING DATE: March 12, 2024 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: Stonehill Church – MDA, RZ, PP, CUP H-2023-0041 LOCATION: 799 W. Amity Rd., in the north 1/2 of Section 36, T.3N., R.1W. I. PROJECT DESCRIPTION Modification to the existing Development Agreement (MDA) (H-2015-0019, Inst. #2016-007090) to allow for the development of a church on a portion of the property and removal of that property from the original agreement for inclusion in a new agreement; Rezone (RZ) of 13.49 13.36-acres of land from the R-4 to the R-8 zoning district; Conditional use permit (CUP) for a church on 13.21 13.09-acres of land in an R-8 zoning district; and Preliminary Plat (PP) consisting of 4 building lots on 65.43-acres of land in the R-4 and R-8 zoning districts for Stonehill Crossing Subdivision. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 65.43-acres Future Land Use Designation Low Density Residential (LDR) Existing Land Use Rural residential, agriculture with 2 existing homes Proposed Land Use(s) Commercial (church) – existing residential homes are proposed to remain Current Zoning R-4 (Medium Low-density Residential) Proposed Zoning R-8 (Medium-density Residential) for the church site (Lot 1, Block 1). The remaining area (Lots 2-3, Block 1 and Lot 1, Block 2) will remain R-4 (Medium Low-density Residential) Lots (# and type; bldg/common) 4 building lots/0 common lots Phasing plan (# of phases) 1 Number of Residential Units (type of units) 2 existing single-family detached units that will remain B. Community Metrics Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) There are three (3) existing driveways via W. Amity Rd., an arterial street – one for farm access at the west boundary, one for irrigation district access along the Calkins Lateral and one for the existing homes. An emergency only access is proposed via Amity and two accesses are proposed via Oak Briar, the collector street, on Lot 1, Block 1 – one of which will also provide access to the existing residence on Lot 2, Block 1; a temporary access for the existing home is proposed on Lot 1, Block 2. The existing farm access and irrigation district access road are proposed to remain until future resubdivision of the property. Proposed Road Improvements • ACHD is requiring dedication of ROW totaling 50’ from centerline of Amity and pavement widening to 17’ from centerline with a 3’ wide gravel shoulder along the frontage of the property. • A roundabout is required at the Amity/Oak Briar intersection. Fire Service • Distance to Fire Station 2.6 miles from Station #6 Density (gross & net) 0.04 units/acre (R-4 residential portion of the property will be resubdivided in the future prior to development) Open Space (acres, total [%] / buffer / qualified) NA (residential portion of the property will be resubdivided in the future) Amenities NA (residential portion of the property will be resubdivided in the future) Physical Features (waterways, hazards, flood plain, hillside) The Calkins Lateral crosses the western portion of this site and the Belle Sub Lateral runs along the southern portion of the east boundary of the site. Neighborhood meeting date 6/26/23 History (previous approvals) H-2015-0019 (South Meridian – Kent & Donna Mills Development Agreement Inst. #2016-007090, AZ Ordinance #16-1670); ROS #2914 (1994); ROS #10324 (2015) Description Details Ada County Highway District • Staff report (yes/no) Yes • Requires ACHD Commission Action (yes/no) No • TIS (yes/no) No • Level of Service (LOS) Amity Rd.: Better than “E” • Trip Generation (estimate) 351 additional vehicle trips/day (19 existing); 23 additional vehicle trips/hour in the PM peak hour (2 existing) • Existing Conditions • CIP/IFYWP • Fire Response Time Don’t have total response times that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability 84% (does meet targeted goal of 80% or greater) • Risk Identification 4 (current resources are not adequate) • Accessibility Meets all required access, road widths and turnarounds. • Special/resource needs Will require an aerial device; can meet this need. • Water Supply 3,000 gallons per minute for 2 hours • Other Resources Police Service No comments were received West Ada School District No comments received Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU’s See application • WRRF Declining Balance 14.61 MGD • Project Consistent with WW Master Plan/Facility Plan • Impacts/Concerns Water • Distance to Services Available at site • Pressure Zone 5 • Estimated Project Water ERU’s See application • Water Quality Concerns None • Project Consistent with Water Master Plan Yes • Impacts/Concerns Fire flow modeled at 2,000 GPM. If additional flow is required, contact Public Works. C. Project Maps Future Land Use Map Aerial Map A. Applicant: Kason Wedel, Stonehill Church – 1608 N. Meridian Rd., Meridian, ID 83686 B. Owners: Stonehill Church – 1608 N. Meridian Rd., Meridian, ID 83686 Kent & Donna Mills – 799 W. Amity Rd., Meridian, ID 83642 C. Representative: Same as Applicant III. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published in newspaper 1/16/2024 2/25/2024 Radius notification mailed to property owners within 300 feet 1/12/2024 2/24/2024 Public hearing notice sign posted on site 1/12/2024 3/1/2024 Nextdoor posting 1/12/2024 2/26/2024 IV. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. This designation allows for the development of single-family homes on large 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 Zoning Map Planned Development Map 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. TRANSPORTATION: The Master Street Map (MSM) depicts W. Amity Rd. as a residential arterial street along the northern boundary of this site. A north/south residential collector street is depicted on the MSM through this property from Amity Rd. to the southern boundary of the site for future extension to the south. A roundabout is depicted at the Amity Rd./collector street intersection. ACHD’s Roadways to Bikeways Master Plan (BMP) identifies Amity Rd. as an existing Level 1 facility and future Level 3 facility that will be constructed as part of a future ACHD project. The BMP also identifies Level 1 facilities on the new collector street within the site which should be constructed consistent with the MSM and the BMP. Transit services are not available to serve this site. PROPOSED USE: The Applicant’s proposal to develop a church on this site with future single-family residential uses is generally consistent with the LDR FLUM designation, which supports residential zoning in which a church use is allowed as a conditional use and single-family residential densities at 3 or fewer units per acre are allowed. The portion of the site zoned R-4 is proposed to be platted with “mega” lots for future resubdivision prior to development. With future resubdivision, the density of the overall area should be consistent with the density desired of 3 or fewer units per acre in the LDR FLUM designation. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • “Encourage a variety of housing types that meet the needs, preferences, and financial c apabilities of Meridian’s present and future residents.” (2.01.02D) The future residential development will contribute to the variety of housing types available within the City for present and future residents. • “Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services.” (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • “Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices.” (3.07.01A) The proposed site design of the church includes perimeter landscaping which should assist in screening the use from existing and future residential uses in the vicinity. The future redevelopment of the residential area at densities of three (3) or fewer units per acre should be compatible with adjacent existing and future uses. • “Encourage compatible uses and site design to minimize conflicts and maximize use of land.” (3.07.00) The proposed church and future single-family residential uses should be compatible with existing and future residential uses in the vicinity which should minimize conflicts and maximize use of land. • “Integrate the Meridian Pathways Master Plan into the site development review process to ensure planned paths are built out as adjacent land develops.” (3.07.02H) With future resubdivision of the residential portion of the property, a segment of the City’s multi-use pathway system will be required to be constructed along the Calkins Lateral in accord with the Pathways Master Plan. In the interim, an easement for the pathway should be recorded with the proposed subdivision. • “Locate smaller-scale, neighborhood-serving commercial and office use clusters so they complement and provide convenient access from nearby residential areas, limiting access to arterial roadways and multimodal corridors.” (3.07.02B) The proposed church will provide an opportunity for public worship in this portion of the City near existing and future residential uses. • “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 existing homes are required to connect to City water and sewer service and the existing septic system and well should be abandoned. V. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION (MDA) The subject property is part of a larger area annexed into the City with the South Meridian annexation application in 2015 (H-2015-0019). As a provision of annexation, a Development Agreement (DA) was required between the City and the property owner (Kent & Donna Mills, DA Inst. #2016-007090). Among other provisions, the DA requires an amendment to the agreement prior to any future development of the site in order to approve the proposed development plan. An amendment to the DA is requested for the development of a church on the northeast portion of the property. The amendment proposes to remove the church property on proposed Lot 1, Block 1 from the existing DA in favor of a new DA, which will only govern development of the church property. The remainder of the property, will continue to be governed by the existing DA until such time as the property develops in the future, at which time the agreement will be amended to include a conceptual development plan. A legal description for the property subject to the new DA is included in Section IX.A. A site plan was submitted, included in Section VIII.E, that shows how the portion of the site subject to the new DA will develop with a church and associated access, parking and drive aisles. Analysis of this plan for compliance with UDC standards is included below under Sections VI.C, D. Future development of this site (proposed Lot 1, Block 1) should be generally consistent with the proposed site plan, subject to the conditions contained in this report for the preliminary plat and conditional use permit as noted below in this section. Staff’s recommended DA provisions are included in Section VIII.A based on the analysis below. B. REZONE (RZ) The Applicant proposes to rezone 13.49 13.36-acres of land from the R-4 to the R-8 zoning district for the development of a church, consistent with the LDR FLUM designation as discussed above in Section V. A legal description and exhibit map for the rezone area is included in Section VIII.A. A site plan was submitted, included in Section VIII.E that shows how the rezone area is proposed to develop with a church. A church is listed as a conditional use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. As noted above, a new DA is proposed for the rezone area. C. PRELIMINARY PLAT (PP): The proposed preliminary plat consists of 4 building lots on 65.43-acres of land in the R-4 and R-8 zoning districts for Stonehill Crossing Subdivision. The subdivision is proposed to develop in one (1) phase if Council approves the request for deferral of certain improvements as noted below. If Council does not approve the requested deferral, the Applicant would like to develop the plat in phases. Proposed Use: A church is proposed to develop on Lot 1, Block 1. There are two (2) existing homes that are proposed to remain on Lot 2, Block 1 and Lot 1, Block 2. Lot 3, Block 1 and Lot 1, Block 2 are proposed as “mega” lots to be resubdivided in the future consistent with the density desired in the LDR FLUM designation. Staff recommends no building permits are allowed to be issued on Lot 3, Block 1; and no building permits except for an accessory structure(s) (if desired) is allowed to be issued on Lot 1, Block 2 until these lots are resubdivided in the future. Conceptual Development Plan for Resubdivision: A conceptual development plan was submitted for a possible site layout for the future resubdivision of Lot 3, Block 1 and Lot 1, Block 2, as shown in Section VII.D. Future development is not tied to this plan as a DA modification is not proposed or required with this application. However, requested a development plan be submitted for this area for consideration. Staff offers the following comments on this plan: • Dead end streets (i.e. Street C) should not be longer than 500’; however, City Council may approve a dead end street up to 750’ in length where an emergency access is proposed or a large waterway exists that prevents or makes impractical the extension or other conditions exists as noted in UDC 11-6C-3B.4. Although an emergency access via W. Amity Rd. is proposed and there is a large waterway that exists at the east end of the street, the dead end street exceeds 750’ at 870’ in length. • Block faces are limited to 750’ in length without an intersecting street or alley, except Council may approve a block face up to 1,200’ where block design is constrained by site conditions such as an abutting arterial street or a large waterway and/or irrigation facility, among other conditions. The block face on the north side of Street C exceeds the minimum block face length allowed and would require approval from City Council as proposed. • Stub streets should be provided to adjacent parcels for future extension and interconnectivity. A collector street is no longer required at the west end of the site along the southern boundary as the collector street has been moved to the south in alignment with Quartz Creek St. and is no longer needed in this location. • The Applicant should consult the Irrigation District to see if a pedestrian bridge will be allowed across the Calkins Lateral. • A local street should be provided between Lots 1 and 2, Block 1 from S. Oak Briar St. to the east end of Lot 2, Block 1, at a minimum, to reduce access points on the collector street and in accord with UDC 11-3A-3A.3, which requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial or collector street. • The Calkins Lateral and the Belle Sub Lateral are required to be piped unless used as a water amenity or linear open space as defined in UDC 11-1A-1 per UDC 11-3A-6B. The decision-making body may waive this requirement if it finds that the public purpose requiring such will not be served and public safety can be preserved. • If the Calkins Lateral and the Belle Sub Lateral are approved to be left open and not required to be piped and not improved as a water amenity or linear open space as noted above, fencing will be required to deter access to the laterals for public safety per the standards listed in UDC 11-3A-6C. • Common open space and site amenities will be required in accord with the standards set forth in UDC 11-3G-3 and 11-3G-4. • Access to the collector (i.e. S. Oak Briar Way) and arterial streets (i.e. W. Amity Rd.) is li mited as set forth in UDC 11-3A-3A, unless otherwise waived by City Council. Existing Structures/Site Improvements: There are two (2) existing homes and associated accessory structures on the property that are proposed to remain on Lot 2, Block 1 and Lot 1, Block 2 as shown on the aerial map below. The addresses of the existing homes are required to change with development of the subdivision as they will no longer be directly accessed from Amity Rd. There are four (4) existing radio towers on the abutting property to the east, depicted as green squares on the map below, whose easements encroach on this site. Existing Easements: There are two (2) existing radio tower easements, recorded in 1945, depicted on the plat on the east side of Lots 1 and 3, Block 1 for the towers shown on the aerial map above. These easements may limit the placement of underground utilities located within the easements until the towers are removed at an undetermined date in the future. The proposed location of the church building on Lot 1, Block 1 is outside of these easements. Request for Deferral of Improvements: Because Lot 3, Block 1 and Lot 1, Block 2 are not proposed to develop at this time and are proposed to be resubdivided in the future prior to development, the Applicant requests deferral of certain improvements typically required with the plat, as follows: • Amity Rd. frontage improvements along Lot 1, Block 2 (i.e. pavement widening, borrow ditch/drainage improvements, 10’ wide multi-use pathway, street buffer landscaping and associated overhead and underground utility relocations (see narrative for more information). (Note: ACHD will require a formal request for a waiver of policy and written support from the City to defer the road widening and sidewalk until future resubdivision of this lot.) Staff is amenable to this request if City Council and ACHD finds it appropriate. • 10’ wide multi-use pathway along the east side of the Calkins Lateral on Lot 1, Block 2. Staff is amenable to this request as this lot will be resubdivided in the future and the pathway can be constructed with future development. In the interim, the Park’s Dept. requests a public pedestrian easement for the future pathway is provided with subdivision of the property. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district and 11-2A-6 for the R-8 zoning district. The proposed lots comply with the minimum dimensional standards. The existing homes and accessory structures on Lot 2, Block 1 and Lot 1, Block 2 appear to comply with the minimum setback standards of the district. Any structures that do not comply with the minimum setback standards should be removed prior to submittal of the final plat for City Engineer signature. Subdivision Design & Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3. Transportation: There are currently no public streets within the site and no stub streets exist to this site. Amity Rd. is currently a 2-lane roadway with no curb, gutter or sidewalk abutting the site within 50’ of ROW (20-25’ from centerline). ACHD is requiring dedication of ROW totaling 50’ from the centerline of Amity Rd. abutting the site and widening of the pavement to 17’ from centerline plus a 3’ wide gravel shoulder adjacent to the entire site. There are three (3) existing access driveways via Amity Rd. – one at the west boundary for farm access, one for irrigation district access along the Calkins Lateral, and one that provides access to the two (2) existing residences on the site. The residential driveway will be replaced by the new collector street; the other two (2) driveways may remain until Lot 1, Block 2 is resubdivided in the future, unless otherwise required to be removed by ACHD. A collector street is proposed as depicted on the plat from W. Amity Rd. at the northern boundary of the site extending to the southern boundary of the site in accord with the Master Street Map (MSM). A temporary cul-de-sac is required to be constructed at the terminus of the collector street at the south boundary with a minimum turning radius of 50’ as required by ACHD. The MSM also depicts a multi-lane roundabout at the Amity Rd./Oak Briar Way intersection. The Applicant is required to dedicate right-of-way (ROW) for construction of the roundabout consistent with the template shown in the ACHD report. A roundabout exhibit was submitted, included in Section VIII.B, in accord with this template. Access (UDC 11-3A-3): Three accesses are proposed to the future church on Lot 1, Block 1. Two (2) accesses are proposed via the collector street (S. Oak Briar Way) on Lot 1, Block 1; the northern access is proposed for the church and the southern access is proposed to be a shared access for the church and the existing residence. The other access at the east end of Lot 1, Block 1 via W. Amity Rd. is proposed is for emergency access only. The UDC (11-3A-3) limits access points to collector and arterial streets to improve safety and to ensure that motorists can safely enter all streets, unless otherwise waived by City Council. Further, the UDC (11-3A-3A.1) requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial or collector street. The Applicant requests approval of a waiver from Council for the two (2) proposed accesses via the collector street (Oak Briar) proposed on Lot 1, Block 1. Because a subdivision is proposed, Staff recommends a street is constructed from the collector street (Oak Briar) between Lots 1 and 2, Block 1 to provide local street access to the church and the existing residence. A cul-de-sac or ACHD/Fire Dept. approved turnaround should be provided at the end of the street, which should extend to at least the eastern boundary of Lot 2, Block 1 but may extend further depending on the access needs of the church. This street should be extended in the future with resubdivision of Lot 3, Block 1. Staff recommends bollards are constructed with a chain and a Knox padlock at the emergency access driveway via Amity Rd. to prohibit public access. Landscaping: A 25-foot wide street buffer is required along W. Amity Rd., an arterial street, measured from ultimate back of curb location; and a 20-foot wide street buffer is required along S. Oak Briar Way measured from back of curb. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC 11-3B-7C.3; the proposed landscape plan should be revised to comply with these standards. Landscaping should be provided in parkways in accord with the standards listed in UDC 11-3A-17E and 11-3B-7C. There are some existing trees on the site but they appear to be contained within Lots 2, Block 1 and Lot 1, Block where the existing homes are located. A few trees appear to be located in the area where the collector street will be extended, which will not require mitigation. Common Open Space & Site Amenities (UDC 11-3G-3): Because all of the residential portion of the property except for Lot 2, Block 1 will be resubdivided in the future, Staff recommends the provision of open space and site amenities is deferred until that time. Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8 and 11-3B-12C. A multi-use pathway is depicted on the Pathways Master Plan along the east side of the Calkins Lateral. A 14-foot wide public access easement should be submitted to the City and depicted on the plat for the multi-use pathway (10’ for the pathway + 2’ shoulder each side). If permission can be obtained from the Irrigation District, the pathway may be located with their easement; if not, the pathway shall be located in a separate linear lot outside of the irrigation easement behind the future rear residential lot lines. Construction of the pathway may be deferred until future development of Lot 1, Block 2. Sidewalks (11-3A-17): Minimum 5’ wide detached sidewalks are required within street buffers along collector and arterial streets per UDC 11-3A-17. However, ACHD policy requires a greater width of 10’ along arterial streets; therefore, a 10’ wide pathway should be provided as proposed a minimum of 38’ from the centerline of Amity abutting the site. Waterways: The Calkins lateral crosses the western portion of this site within a 56’ wide easement (28’ on each side of the centerline); and the Belle Sub Lateral runs along the southeast portion of the site within a 50’ wide easement (25’ on each side of the centerline) as depicted on the plat. The UDC (11-3A-6B) requires all irrigation ditches/laterals crossing the site that aren’t being improved as a water amenity or linear open space as defined in UDC 11-1A-1 to be piped or otherwise covered, unless otherwise waived by City Council. Because both of the waterways on this site lie on lots (i.e. Lot 3, Block 1 and Lot 1, Block 2) that will be resubdivided in the future prior to development, Staff recommends the piping of these waterways take place upon resubdivision of these lots. This property is located in an “area of minimum flood hazard” in flood zone “X” (see FEMA map for more information). Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. Fencing is not depicted on the landscape plan. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. However, because Lot 3, Block 1 will be resubdivided in the future prior to development, Staff recommends services are not required to be provided to that lot at this time. The existing homes on Lot 2, Block 1 and Lot 1, Block 2 are required to 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. 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 per UDC 11-3A-15. However, because Lot 3, Block 1 will be resubdivided in the future prior to development, Staff recommends underground pressurized irrigation is not required to be provided to that lot at this time. Pressurized irrigation should be provided to the existing homes on Lot 2, Block 1 and Lot 1, Block 2. 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 Investigation Report was submitted with this application. D. Conditional Use Permit (CUP) A CUP is proposed for a 52,000+/- square foot (s.f.) church on 13.21 13.09-acres of land in an R-8 zoning district as required by UDC Table 11-2B-2. Phasing: The church (and associated drive aisles, parking and landscaping) is proposed to develop in two (2) phases as shown on the phasing plan in Section VIII.E. The first phase will consist of approximately 40,000 s.f. and the second phase will consist of approximately 12,000 s.f. Specific Use Standards: Churches are subject to the specific use standards listed in UDC 11-4-3-6, as follows: “Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district.” Dimensional Standards: Future development of this site should comply with the dimensional standards of the R-8 zoning district in UDC Table 11-2A-6. Access: The extension of the residential collector street (S. Oak Briar Way) shall be completed with development of the subdivision prior to issuance of Certificate of Occupancy for the church. Pathway/walkway: A 5’ wide pedestrian walkway is proposed as required from the perimeter sidewalk along Amity and Oak Briar to the main building entrance of the church in accord with UDC 11-3A- 19B.4. The walkways should be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks. Minimum 5’ wide walkways should be provided in the parking area for any aisle length that is greater than 150 parking spaces or 200’ away from the primary building entrance(s) as set forth in UDC 11-3A-19B.4c. Pedestrian connections with pathways should be provided from the church site to future abutting residential uses to the east and south for interconnectivity. Sidewalks (UDC 11-3A-17): All sidewalks around buildings are required to be a minimum of 5’ in width. Parking: Off-street parking is required to be provided based on the square footage of the church per the standards set forth in UDC 11-3C-6B.1 for commercial districts (i.e. 1 space for every 500 s.f. of gross floor area). Based on a total of 52,000+/- s.f., including the future addition, a minimum of 104 spaces will be required. The Applicant proposes to provide 545+/- spaces with the first phase and 269+/- spaces with the second phase, which exceeds the minimum standards by 710+/- spaces. Parking stalls and drive aisles should comply with the dimensions noted in UDC Table 11-3C-5. Where parking spaces abut a sidewalk or a perimeter landscape buffer, wheel stops should be provided to prevent vehicle overhang or the length of the parking space may be reduced 2’ if an additional 2’ is added to the width of the sidewalk or the perimeter buffer to total 7’ as set forth in UDC 11-3C-5B.4. The site plan submitted with the Certificate of Zoning Compliance application should depict dimensions that demonstrate compliance with these standards. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C; the landscape plan submitted with the Certificate of Zoning Compliance application should comply with these standards. Landscaping is required to be provided along all pathways in accord with the standards listed in UDC 11-3B-12C. Outdoor Lighting (UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-11C. Details of the site lighting demonstrating compliance with these standards should be submitted with the Certificate of Zoning Compliance application. Outdoor Service & Equipment Areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be pr ovided in these areas. The site plan submitted with the Certificate of Zoning Compliance application should demonstrate compliance with these standards. Building Elevations: Conceptual building elevations of the proposed 2-story church structure are included in Section VIII.G. Building materials consist of a mix of stucco, vertical rough sawn NICHIHA architectural wall panels and corrugated painted metal panels in horizontal orientation. These elevations have not been reviewed for compliance with the design standards in the Architectural Standards Manual and are not approved with this application. Review will take place with submittal of a design review application with a Certificate of Zoning Compliance application prior to submittal of a building permit application. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted and approved for the proposed church prior to submittal of a building permit application. Design Review: A Design Review application should be submitted concurrently with the CZC application for approval of the design of the proposed structure. Compliance with the design standards in the Architectural Standards Manual is required. VI. DECISION A. Staff: Staff recommends approval of the proposed DA modification, rezone, preliminary plat and CUP with the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning & Zoning Commission heard these items on February 1, 2024. At the public hearing, the Commission moved to recommend approval of the subject RZ, PP and CUP requests. 1. Summary of Commission public hearing: a. In favor: John Rennison, Rennison Design (Applicant’s Representative) b. In opposition: None c. Commenting: None d. Written testimony: John Rennison, Rennison Design (Applicant’s Representative) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. None 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. The Applicant requests a waiver to UDC 11-3A-3A.1 to allow two (2) access drives via S. Oak Briar Way, a collector street, on Lot 1, Block 1. b. The Applicant requests deferral of several improvements typically required with a subdivision, until such time as Lot 3, Block 1 & Lot 1, Block 2 is re-subdivided in the future, as follows: street buffer landscaping & 10’ wide sidewalk along Amity Rd. west of the collector street; the 10’ wide multi-use pathway along the Calkins Lateral; open space & site amenities for the residential development; piping or improving the laterals that cross this site as a water amenity or linear open space; and closing of the existing farm access and irrigation district accesses via Amity Rd. If Council does not approve the request, the Applicant proposes to phase the development to defer these improvements. b. If Council does not require a local street to be provided between Lots 1 and 2, Block 1, Staff recommends a new preliminary plat condition is added for the plat to be amended to include a “flag” out to the future cul-de-sac on the east side of Lot 2, Block 1 as shown on the conceptual development plan and condition #2.1g requiring such is removed. C. The Meridian City Council heard these items on March 12, 2024. At the public hearing, the Council moved to approve the subject MDA, RZ, PP and CUP requests. 1. Summary of the City Council public hearing: a. In favor: John Rennison, Rennison Engineering; Doug Connelly, Stonehill Church b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. Council preferred the local street access proposed by the Applicant via the collector street (over the direct access to the collector street) due to the increased connectivity within the development and was in support of one (1) driveway access via the collector street for the church; and b. Council supported the request for deferral of certain improvements associated with the preliminary plat as noted. 4. City Council change(s) to Commission recommendation: a. Council required the construction of a local street between Lots 1 and 2, Block 1 as proposed by the Applicant for access to the church and existing home as shown in the exhibit in Section VII.D; and b. Council approved a waiver to UDC 11-3A-3A.1 for one (1) direct access via the collector street on Lot 1, Block 1 for the church. VII. EXHIBITS A. Legal Descriptions & Exhibit Maps for Rezone & New Development Agreement – REVISED Rezone: New Development Agreement: B. Preliminary Plat (dated: 7/6/23) & Roundabout Exhibit C. Preliminary Plat - Landscape Plan (dated: 9/25/2023) D. Conceptual Development Plan for Future Resubdivision of Lot 3, Block 1 & Lot 1, Block 2 - REVISED E. Conditional Use Permit – Site Plan & Phasing Plan (dated: 7/6/2023 09/20/23) - REVISED F. Conditional Use Permit – Landscape Plan (dated: 9/25/2023) G. Conditional Use Permit – Conceptual Building Elevations (dated: 4/24/23) VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Development Agreement Modification 1.1 The amended 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: a. Future development of this site shall be generally consistent with the site plan and conceptual building elevations included in Section VII and the provisions contained herein that are applicable to Lot 1, Block 1, Stonehill Crossing Subdivision. b. The future use of this site is limited to a church or place of religious worship and associated accessory uses as allowed by UDC 11-4-3-6. Any change to the use shall require a modification to the agreement. c. The new north/south residential collector street (S. Oak Briar Way) shall be constructed in its entirety prior to issuance of Certificate of Occupancy for the church. d. The final plat in which the subject property lies shall be recorded prior to issuance of Certificate of Occupancy for the proposed church. 2. Preliminary Plat 2.1 The final plat shall include the following revisions: a. Depict a minimum 25-foot wide street buffer along W. Amity Rd., an arterial street, in a common lot or a permanent dedicated buffer easement maintained by the property owner in accord with UDC 11-3B-7C.2a. The buffer shall be measured from the ultimate curb location as anticipated by ACHD. b. Depict a minimum 20-foot wide street buffer along both sides of S. Oak Briar Way, a collector street, measured from back of curb, in a common lot or a permanent dedicated buffer easement maintained by the property owner or homeowner’s association in accord with UDC 11-3B- 7C.2a. c. Depict a temporary cul-de-sac at the south end of the collector street (S. Oak Briar Way) with a minimum turning radius of 50’ as required by ACHD. d. Graphically depict a 14’ wide public pedestrian easement along the Calkins Lateral on Lot 1, Block 2 and include the recorded instrument number of the easement. e. Include a note stating direct lot access via W. Amity Rd. is prohibited except for the existing driveways on Lot 1, Block 2 for farm and irrigation access and the emergency only access on Lot 1, Block 1 (unless otherwise restricted by ACHD). f. Include a note stating direct lot access via S. Oak Briar Way is prohibited except for a temporary access for the existing home on Lot 1, Block 2, which shall be removed upon resubdivision of that lot in the future; and one (1) driveway access for the church on Lot 1, Block 1. At that time, access shall be provided from an internal local street if the home remains on a lot in the subdivision. The location of this these accesses (curb cuts) shall be depicted on the plat. g. Depict a local street off S. Oak Briar Way between Lots 1 and 2, Block 1 for local street access to these lots in accord with UDC 11-3A-3. This street shall extend at a minimum, to the east boundary of Lot 2, Block 1 and shall be extended with future resubdivision of Lot 3, Block 1 in the future. A turnaround shall be provided at the end of the street that meets ACHD and Fire Dept. standards. h. All sidewalks and parkways shall comply with the standards listed in UDC 11-3A-17. 2.2 The landscape plan submitted with the final plat shall include the following revisions: a. Depict landscaping within the 20’ wide street buffer along S. Oak Briar Way; and within the 25- foot wide street buffer along W. Amity Rd. on Lot 1, Block 1 in accord with the standards listed in UDC 11-3B-7C.3. The street buffer along Amity Rd. on Lot 1, Block 2 is deferred until future resubdivision of that lot. b. Include a calculations table that demonstrates compliance with the aforementioned street buffer requirements, including required vs. provided number of trees, percentages and tree classifications. c. Landscaping shall be depicted in parkways in accord with the standards listed in UDC 11-3A- 17E. 2.3 All existing structures that do not comply with the setbacks of the R-4 zoning district in UDC Table 11-2A-5 shall be removed from the site prior to submittal of the final plat for City Engineer signature. 2.4 Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 2.5 The existing homes on Lot 2, Block 1 and Lot 1, 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. 2.6 The addresses of the existing homes shall change with recordation of the subdivision. 2.7 No building permits shall be issued on Lot 3, Block 1 until this lot is resubdivided in the future; and no building permits shall be issued on Lot 1, Block 2 except for accessory structures associated with the primary residence. 2.8 A 14-foot wide public access easement shall be submitted to the City and depicted on the plat for the 10’ wide multi-use pathway along the east side of the Calkins Lateral (10’ for the pathway + 2’ shoulder each side). If permission can be obtained from the Irrigation District, the pathway may be located with their easement; if not, the pathway shall be located in a separate linear lot outside of the irrigation easement behind the future rear residential lot lines. 2.9 Underground pressurized irrigation water shall be provided to Lots 1 and 2, Block 1 and the existing home on Lot 1, Block 2 with development of the subdivision as set forth in UDC 11-3A-15; underground pressurized irrigation is not required to be provided to Lot 3, Block 1 until resubdivision of this lot occurs in the future. 2.10 Connection to City water and sewer services is required for the proposed church on Lot 1, Block 1 and the existing homes on Lot 2, Block 1 and Lot 1, Block 2 in accord with UDC 11-3A-21; services are not required to be provided to Lot 3, Block 1 until resubdivision of this lot occurs in the future. 2.11 The frontage improvements along Amity Rd. on Lot 1, Block 2 (i.e. pavement widening, borrow ditch/drainage improvements, 10’ wide multi-use pathway, street buffer landscaping and associated overhead and underground utility relocations is deferred until resubdivision of this lot in the future. (Note: ACHD will require a formal request for a waiver of policy and written support from the City to defer the road widening and sidewalk until future resubdivision of this lot.) 2.12 The piping of the Calkins Lateral and the Belle Sub Lateral, which lie on Lot 1, Block 2 and Lot 3, Block 1, respectively, is deferred until resubdivision of these lots in the future. 2.13 The two (2) driveways on Lot 1, Block 2 via Amity Rd., used for farm and irrigation access, may remain until resubdivision of this lot in the future unless otherwise required by ACHD to be closed; access will be evaluated at that time. 2.14 Construction of the 10’ wide multi-use pathway required along the east side of the Calkins Lateral on Lot 1, Block 2 per the Pathways Master Plan is deferred until resubdivision of this lot in the future. 2.15 A sign shall be erected at the terminus of the collector stub street (S. Oak Briar Way) that states the street will be extended and widened in the future as required by ACHD. 2.16 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. 3. Conditional Use Permit 3.1 The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully con tained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. Safe access and adequate lighting should be provided in these areas. b. The pedestrian walkways from the perimeter sidewalks along W. Amity Rd. and S. Oak Briar Way to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in 11-3A-19B.4. c. Depict pedestrian pathway connections from the church site to future abutting residential uses to the east and south for interconnectivity; landscaping shall be depicted along all pathways in accord with the standards listed in UDC 11-3B-12C. d. Depict minimum 5’ wide walkways in parking areas for any aisle length that is greater than 150 parking spaces or 200’ away from the primary building entrance(s) in accord with UDC 11-3A- 19B.4c. e. Depict bollards with a chain and a Knox padlock as required by the Fire Dept. across the emergency access driveway via Amity Rd. on Lot 1, Block 1 to prohibit public access. f. Depict dimensions for parking stalls and drive aisles that comply with the dimensions noted in UDC Table 11-3C-5. Where parking spaces abut a sidewalk or a perimeter landscape buffer, wheel stops should be provided in parking stalls to prevent vehicle overhang; or, the length of the parking stalls may be reduced 2’ if an additional 2’ is added to the width of the sidewalk or the perimeter buffer to total 7’ as set forth in UDC 11-3C-5B.4. g. Depict landscaping in the parking lot in accord with the standards listed in UDC 11-3B-8C. h. Remove the southern driveway via the collector street and depict access to the local street between Lots 1 and 2, Block 1; reconfigure the drives and parking accordingly. 3.2 Compliance with the standards listed in UDC 11-4-3-6 Church or Place of Religious Worship is required. 3.3 Direct access via W. Amity Road is prohibited except for emergency only access on Lot 1, Block 1 and the existing farm access at the west boundary of the site and the irrigation district access along the Calkins Lateral on Lot 1, Block 2, unless otherwise approved by City Council. 3.4 Future development of this site shall comply with the dimensional standards of the R-8 zoning district in UDC Table 11-2A-6. 3.5 Details of the lighting proposed on the site shall be submitted that demonstrate compliance with the standards listed in UDC 11-3A-11. 3.6 A Certificate of Zoning Compliance (CZC) application shall be submitted and approved for the proposed church use and site layout prior to submittal of a building permit application. 3.7 A Design Review application shall be submitted concurrently with the CZC application and approved for the proposed structure prior to submittal of a building permit application. The design of the proposed structure shall comply with the standards listed in the Architectural Standards Manual. 3.8 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 as set forth in UDC 11-5B-6F. B. PUBLIC WORKS DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=316105&dbid=0&repo=MeridianCity C. MERIDIAN FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=316107&dbid=0&repo=MeridianCity D. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=324861&dbid=0&repo=MeridianCity E. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=317458&dbid=0&repo=MeridianCity F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO https://weblink.meridiancity.org/WebLink/DocView.aspx?id=329876&dbid=0&repo=MeridianCity G. PARK’S DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=316108&dbid=0&repo=MeridianCity H. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancity.org/WebLink/DocView.aspx?id=324823&dbid=0&repo=MeridianCity I. ADA COUNTY HIGHWAY DISTRICT (ACHD) – Revised https://weblink.meridiancity.org/WebLink/DocView.aspx?id=335356&dbid=0&repo=MeridianCity IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant’s request to rezone a portion of the subject property to the R-8 zoning district for the development of a church is generally consistent with the Comprehensive Plan per the analysis in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to the R-8 zoning district will allow the proposed church as a conditional use. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed church use should be compatible with adjacent existing and future single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The City Council finds City services are available to be provided to this development and the proposed church use will not impact the school district. 5. The annexation (as applicable) is in the best interest of city. This finding is not applicable as the request is for a rezone, not annexation. B. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds Lot 1, Block 1 where the church is proposed will be large enough to accommodate the proposed use and dimensional and development regulations of the R-8 zoning district (see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed church use will be harmonious with the Comprehensive Plan as noted in Section V and is allowed as a conditional use in UDC Table 11-2A-2 in the R-8 zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance of the church should be compatible with existing and future residential uses in the general vicinity and that such use should not adversely change the character of the area. The proposed church should provide more options for public worship for area residents in this area of the City. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. Police and Fire currently provides service to this property. C. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is in conformance with the UDC and generally conforms with the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services are currently provided and/or can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to BriCon, Inc. for Construction of Restroom Footings, Site Work and Utilities at Lakeview Golf Course for the Not-To-Exceed amount of $239,900.00 MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: June 11, 2024 Presenter: Consent Estimated Time: 5-10 Min. Topic: Approval of Construction Contract to BriCon, Inc. for Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course for the Not-To-Exceed amount of $239,900.00. Recommended Council Action: Approval of Construction Contract for Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course with resulting Purchase Order and authorize the Procurement Manager to sign. Background: This contract is the result of Formal Bid# PKS-2418-11438. Two (2) bids were received. CONTRACT CHECKLIST Date:REQUESTING DEPARTMENT Project Name: Project Manager:Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order?Yes No Change Order No. Fund:Budget Available (Purchasing attach report): Department:Yes No Construction GL Account:FY Budget:Task Order Project Number:Enhancement:Yes No Professional Service Equipment Will the project cross fiscal years?Yes No Grant Grant #:Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed)www.sam.gov Print and attach Master Agreement Category (Bid Results Attached)Yes No (Ratings Attached)Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License:Expiration Date:Corporation Status: Insurance Certificates Received (Date):Expiration Date: Rating: A++ Payment and Performance Bonds Received (Date):Rating: 100% Builders Risk Ins. Req'd:Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda:By: Purchase Order No.:Date Issued: WH5 submitted: (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Active-Existing2/28/2025 I. PROJECT INFORMATION 5/30/2024 8/1/2024 N/A FY24 4/19/2024 Parks and Recreation Lakeview restrooms (2) footings, site work and utilities V. BASIS OF AWARD Wednesday April 3, 2024 Thursday April 10, 2024 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A TBD June 3, 2024 June 11, 2024 City Council TBD TBD TBD VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date ApprovedSteve Siddoway 4/19/2024 VII. TASK ORDER SELECTION (Project Manager to Complete) Lowest responsive and qualified bid. 5/29/2024 Award based on Low Bid Highest Ranked Vendor Selected 046777 & IDWRWD License: 560 $239,900Mike Barton If yes, has policy been purchased? BriCon, Inc. III. Contract TypeII. BUDGET INFORMATION (Project Manager to Complete) 1 5390 93408 11438 TASK ORDER N/A RFP / RFQBID Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 CONTRACT FOR PUBLIC WORKS CONSTRUCTION CONSTRUCTION OF RESTROOM FOOTINGS, SITE WORK AND UTILITIES~LAKEVIEW GOLF COURSE PROJECT # 11438 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 20th Day of May, 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, BriCon, Inc., hereinafter referred to as “Contractor”, whose business address is 18050 N. Sophie Pl., Nampa, ID 83687, and whose Public Works Contractor License # is PWC-C-11823. INTRODUCTION WHEREAS, the City has a need for construction services involving the Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course per established plans and specifications; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City’s written notice to proceed, all services and work, and comply in all respects, as specified in the document titled “Scope of Work” a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non- exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 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. The Contractor Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 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. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City’s request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B “Payment Schedule” attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $239,900. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, 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 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 including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. 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 or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibits A or B. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City’s option, may terminate this Agreement by giving written notification to Contractor. Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor’s option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If, through any cause, 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, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. 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, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall, at the option of the City, become its property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Contractor, and the City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from Contractor is determined. This provision shall survive the termination of this agreement and shall not relieve Contractor of its liability to the City for damages. 5. Independent Contractor: 6.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent Contractor, and neither Contractor nor any officer, employee or agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. 5.1 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Contractors and not as employees of the City. 5.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 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 Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub-Contractors: Contractor shall require that all of its sub-Contractors be licensed per State of Idaho Statute # 54-1901. 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 Contractor shall indemnify and save and hold harmless City and it’s elected officials, officers, employees, agents, and volunteers from and for any and a ll 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 performance of this Agreement by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the C ity shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers’ Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmless C ity 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. Contractor shall provide City with a Certificate 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 C ity at least ten (10) days Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 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 Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best’s rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor’s Insurance coverage shall be primary insurance regarding the City’s elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City’s elected officers, officials, employees and volunteers shall be excess of the Contractor’s insurance and shall not contribute with Contractor’s insurance except as to the extent of City’s negligence. 8.5 The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 8.6 All insurance coverages for subContractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor’s agents, representatives, employees or subContractors. 9. 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. 10. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best’s rating of no less than A-. In the event that the contract is Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 subsequently terminated for failure to perform, the Contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 11. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City’s acceptance of the corrected work. 12. Changes: The City may, from time to time, request changes in the Scope of Work 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 which shall be executed with the same formalities as this Agreement. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a Contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor’s Bid pricing. 14. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridianCity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the Contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 15. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City’s behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 16. Reports and Information: 16.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 16.2 Contractor shall maintain all writings, documents and 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. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor’s records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 19. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, 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. 20. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents as employees on any job under any such contract except where under such contracts fifty (50) or less persons are employed, the Contractor may employ ten percent (10%) nonresidents, provided, however, in all cases employers must give preference to the employment of bona fide residents in the performance of said work. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney’s or the opportunity to seek such advice. 22. 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. 23. 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. 24. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 25. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 26. Assignment: It is expressly agreed and understood by the parties hereto, that 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 City. 27. Payment Request: Payment requests shall be submitted to City of Meridian Project Manager. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 28. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 29. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 30. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 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. 31. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 32. 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 BriCon, Inc. Procurement Manager Attn: Mark C. Brice 33 E Broadway Ave. 10850 N. Sophie Pl. Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-869-4827 Email: bricon1@msn.com Public Works Contractor License#: PWC-C-11823 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. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 CITY OF MERIDIAN: BRICON, INC.: BY:_____________________________ KEITH WATTS, Procurement Manger DATED:_________________________ Project Manager Mike Barton BY: MARK C. BRICE, Owner DATED:____________________________ Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 EXHIBIT A SPECIFICATIONS / SCOPE OF WORK REFER TO INVITATION TO BID (PKS-2418-11438) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS INCLUDED IN THE INVITATION TO BID PACKAGE (PW-2418-11438), ARE BY THIS REFERENCE MADE A PART HEREOF. All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See the following separate attached documents: • 5 - Drawings~Plans For Construction of Restroom Footing, Site Work and Utilities~Lakeview Golf Course - Site A (8 Pages) • 6 - Drawings~Plans For Construction of Restroom Footing, Site Work and Utilities~Lakeview Golf Course - Site B (8 Pages) • 7 - Geotechnical Engineering Evaluation Report For Lakeview Golf Course Restrooms (21 Pages) Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course Project# 11438 EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Contract shall not exceed $239,900.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 100 Days From Date of NTP Milestone 2 Final Completion 110 Days From Date of NTP PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for Construction of Restroom Footings, Site Work and Utilities~Lakeview Golf Course. NOT-TO-EXCEED AMOUNT………………………………………$239,900.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by City. The City will pay the Contractor based on actual quantities of each item of work in accordance with the contract documents. CONTRACT PRICING SCHEDULE Item No. Description Quantity Unit Unit Price 1 Construction of Restroom Footings, Site Work and Utilities. 1 LS $239,900.00 AGENDA ITEM ITEM TOPIC: Professional Services Agreement Between Meridian High School Band Boosters, Inc., the City of Meridian, and the Meridian Arts Commission Call for Youth Performing Arts Projects Page 1 of 4 Request for Proposals Call for Youth Performing Arts Projects OVERVIEW: The Meridian Arts Commission (MAC) requests proposals from local youth theater and performing arts organizations, professionals, and educators for performing arts projects that will feature, include, and benefit Meridian youth. BUDGET: Total funding available from MAC is $7,000. Selected applicants may receive a full or partial award of up to $3,500. DEADLINE: ***Deadline Extended to February 26, 2024*** Any questions regarding application must be submitted to cschiffler@meridiancity.org by February 16 at noon *** Proposals must be received by the Meridian Arts & Culture Coordinator by February 26, 2024, at 3:00 pm MST. Materials may be delivered by e-mail, mail, or in-person delivery. Incomplete, ineligible, or late submissions will not be considered. Questions and clarification must be submitted to the Meridian Arts and Culture Coordinator, Cassandra Schiffler at cschiffler@meridiancity.org by January 29, 2024 at noon. Call for Youth Performing Arts Projects Page 2 of 4 ELIGIBILITY: Organizations currently registered with the Idaho Secretary of State or individuals who are performing arts professionals or performing arts educators are eligible to respond. Organizations with nonprofit status will be given preference. The opportunity to respond is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. Applicants shall be ineligible who are, employ, or allow to volunteer: any person convicted of any charge involving, or related to, a child or children, elderly persons, and/or other vulnerable persons; any charge involving, or related to, use of or possession of drugs or illicit substances; or any charge of battery, assault, telephone harassment, stalking, or violation of a protective order. PROJECT REQUIREMENTS: Each selected applicant must: • Enter into a Professional Services Agreement with the City of Meridian setting forth specific conditions of participation prior to project initiation. A sample agreement is available upon request. • By August 30, 2024, present a performing arts production to the public that features, includes, and benefits Meridian youth. • Complete all activity, including submission of a final report and invoices, by September 6, 2024. • Conduct all activities within Meridian city limits or area of impact. • Conduct all activities in a facility fully accessible to, and make all activities accessible to, all persons regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. • Reserve and pay all related costs for audition, rehearsal, and performance space. • Obtain all necessary royalties and scripts. • Schedule and hold open, public auditions for youth, and provide those auditioning with all necessary materials to do so. • If fees are collected from youth performers, limit fees collected from each youth performer to an amount not to exceed $250.00, and must offer financial assistance to ensure participation regardless of ability to pay. • Provide all necessary staff to provide the services and deliverables commissioned by MAC. • Provide all necessary costumes, props, and set. • Publicize all opportunities to audition for, participate in, and watch the final production(s). • Include MAC logo on materials. Call for Youth Performing Arts Projects Page 3 of 4 APPLICATION REQUIREMENTS: The proposal must address each and all of the following: 1. Applicant’s contact information (address, phone, e-mail, website), mission statement, and history; resumes and biographies of key staff and volunteers. 2. Detailed project budget, including all project expenses (e.g., administrative fees, production fees, material costs, venue fees, marketing and promotion, etc.) and income (e.g., admission fees, grants, corporate contributions, sponsorships, fundraising). 3. Detailed project timeline. 4. Description of previous work in youth performing arts. 5. Narrative describing the proposed project, including: a. Detailed description of how MAC’s financial contribution will be utilized; b. How the project will benefit Meridian residents and local youth; c. Target audience demographics, estimated number of Meridian residents and visitors that will be impacted, and corresponding marketing/outreach plan; d. How MAC’s contribution will be recognized; and e. Number of participants and audience members to be impacted by your project. Questions and clarification must be submitted to the Meridian Arts and Culture Coordinator, Cassandra Schiffler at cschiffler@meridiancity.org by February 16, 2024 at noon. • Submitted applications must be received by mail or personal delivery to the Meridian Parks and Recreation Department, 33 E. Broadway Ave. Ste. 206, Meridian, Idaho 83462 in a sealed, plainly marked package or envelope by February 26, 2024 at 3:00 pm MST OR • Via E-mail to MAC@meridiancity.org. The subject line MUST READ: Youth Performing Arts Projects. All materials must be submitted in one e-mail with all files included as a single, merged PDF file. EVALUATION CRITERIA: The selection of winning proposals for the 2024 Youth Performing Arts Projects will be made by MAC. Proposals related to the presentation of subject matter that would be disruptive, violent, discriminatory, inappropriate, or likely to offend the sensibilities of the general public will not be considered. In evaluating eligible proposals, the following factors will be considered: • Completion of and adherence to the provisions of this Request for Proposals (RFP) (10 points); • Quality, clarity, and merit of proposal (10 points); • Demonstrated ability to meet the RFP’s requirements and objectives (10 points); • Feasibility of proposed project (10 points); • Location of project activities (10 points); Call for Youth Performing Arts Projects Page 4 of 4 • Consistency of proposed project with City policy and community values (10 points); • Impact to Meridian residents and visitors (20 points); and • Dedication and contribution to performing arts opportunities that feature, include, and benefit Meridian youth (20 points). ABOUT MAC: The Meridian Arts Commission (MAC) advises the City of Meridian on arts/cultural policy and promotes public awareness and participation in the arts with a mission to develop, advance and nurture all facets of the arts to enhance the quality of life for Meridian residents and visitors. Core to this mission is the belief that opportunities to experience and participate in the visual, performing and public arts can strengthen cities, increase livability, and contribute to a sense of community. PUBLIC RECORDS The City of Meridian is a public agency; pursuant to the Idaho Public Records Act, all documents in its possession are public records. Proposals will be available for inspection and reproduction by any person. Meridian Arts Council YOUTH PERFORMING ARTS PROJECT Meridian High School Bands MHS BAND INFORMATION: 1. a non-profit organization 2. registered with the Idaho Secretary of State 3. open to all members of the community 4. has zero fees for students & community members (the only 6A HS Band Program in ID that is FREE) 5. before Aug. 30, 2024 numerous public performances will feature, include & benefit Meridian youth MHS BAND CONTACT INFORMATION: 1900 W. Pine Ave. (208)-350-4150; work Breuer.Cord@westada.org (work) Meridian, ID 83642 (712)-301-6751; cell CordBreuer@yahoo.com (personal) MHS BAND WEBSITE: https://www.westada.org/o/mhs/page/band MHS BAND MISSION STATEMENT: to provide: a foundation for the growth of the band program an environment that encourages and promotes lifelong success a framework and foundation to support lifelong learning skills equal opportunities for students regardless of their resources and/or background moral and financial support to all ensembles to support: music education in public schools the growth and development of students in the band program a framework for exemplary musicianship the goals and aspirations of the students the efforts of the band directors and staff to foster an appreciation in the community for the educational value of strong school band programs to work to build and maintain an organization of parents which will help to promote the general activities of the band MHS BAND HISTORY Meridian High, is a 6A school, starting Fall 2024, located 11 miles from Boise in beautiful Meridian, ID, the center of the Treasure Valley. Established 1904, MHS is one of six traditional high schools in the West Ada School District. The West Ada School District serves over 40,000 students in the community. We are proud that through massive efforts in garnering donations & fundraising, students in Meridian Band have the opportunity to participate in Marching Band, Pep Band, Jazz Band, Jazz Combo, Chamber Ensembles, Concert Band, Symphonic Band, Percussion Ensemble, Winter Percussion, Guitar, Digital Sound & Music Production and Winter Guard. If we use a low estimate of 100 Band students each year. Meridian HS has helped over 12,000 students in the city of Meridian fall in love with music. Very few organizations in Idaho will achieve this feat. With over 200 students benefitting from the MHS Band program on a daily basis, MHS Band is easily one of the largest student organizations in Meridian helping Youth find performance opportunities. MHS BAND STAFF BIO Cord J. L. Breuer M.M. Ed., Meridian High School Band Director, is a distinguished music educator and band director with a rich background in music. He’s a graduate of the Sioux City, IA West High, West Middle, and Smith Elementary School Band programs, where he was a 6-time Iowa All-State Band member, 2008 Honor Band of America trumpet section member, and a member of a featured 2007 Bands of America Percussion Ensemble. In West’s Band program under the direction of Sandy Vondrak, Joe Hardin, Julie Weigandt and Keith Weigandt, in addition to concert, marching and pep bands, Cord was fortunate to play 4 years in the West MS & HS nationally recognized percussion ensemble, 6 years in the West MS & HS Jazz III on trombone, 6 years in West MS & HS Jazz II on Bass guitar, and 6 years in West MS & HS Jazz I on Trumpet. Mr. Breuer's musical journey continued at Boise State University, where he received a full ride scholarship to play in the marching band, pep band, symphonic winds & trumpet studio. At BSU, he earned both a Bachelor of Music and a Master of Music in Music Education. While earning his Master’s Degree at Boise State University, he served as a Graduate Assistant for Dr. Joe Tornello with the Blue Thunder Marching Band, conducting with Marcellus B. Brown and trumpet with Dr. Alex Noppe. Prior to earning his Masters, Cord was the Director of Bands, Orchestra, and Guitar at Middleton High School in Middleton, Idaho. During his time at Middleton HS, he significantly increased student-musician involvement and enrollment in the marching band, percussion ensemble, and jazz bands. Since June of 2018, Mr. Breuer has been the Director of Bands, Guitar, and DSMP (Digital Sound & Music Production) at Meridian High School in Meridian, ID. Under his direction, the MHS Percussion Ensemble has earned four consecutive 1st place medals at the ID State Small Ensemble Competition in 2020, 2021, 2022, and 2023. MHS percussion students have also finished in the Top 10 at ID State Solo Contest nine times since 2020 earning 5 medals. Since 2018, MHS Band students have achieved notable success, with many of them performing in honor festivals and being selected for WIBC (Western International Band Clinic, (6)), All- Northwest (5), All-State (33), All-American Marching Band (1), and various university marching bands. Many of which continue to study, teach, compose or perform music to this day. Cord has also been a dedicated staff member at the Boise State Summer Chamber Music Camp since 2009, where he imparts his knowledge of brass techniques, music theory skills, and coaching chamber ensembles. As a performer, Cord Breuer is the Principal 2nd Cornet and Vice-President for the Brass Band of the Treasure Valley under the Direction of Dr. Bill Waterman, as well as a quintet member (trumpet) of the "Boise Brass". His passion for music is evident in the achievements of his students and his active involvement in the musical community. Apart from his musical pursuits, Cord also enjoys being on the golf course, spending time with his supportive wife, Marie, and their dog, Copper. Vincent Rhinehart M.M., Meridian High School Percussion Instructor, has been playing percussion for over 15 years with over 10 years of teaching experience. He attended Washington State University where he studied with David Jarvis. He was involved in marching band, percussion ensemble, indoor drum line, orchestra, and wind ensemble. Vincent earned a Bachelor in Music Degree in 2014 and spent two years with the World Class Seattle Cascades Drum and Bugle Corps where he played bass drum and was bass drum section leader. After this, Vincent attended Emporia State University where he earned a Masters in Percussion Performance with Dr. Tracy Freeze. During his time at ESU, Vincent was a Graduate Teaching Assistant in charge of instructing the Emporia Marching Hornets drum line. Mr. Rhinehart was a member of the percussion ensemble, orchestra, and wind ensemble. Vincent is dedicated to pursuing his craft and placed 3rd in the Emporia State University Honors Recital in 2020, he took 1st in the Honors Recital in 2021, and also took first in the Emporia State University Concerto/Aria Competition in 2021. Other notable instructors Vincent has studied with are Josh Jones, Matthew Howard, Rob Knopper, Elizabeth Kosko, Brian Scott, and Alan Keown. Vincent is an in-demand instructor. Currently, he teaches at the College of Idaho and Meridian High School. His students are regularly selected as Idaho All-State Percussion members and have won 1st Place at the Idaho State Small Ensemble Festival. Additionally, he is a bass drum tech with the Battalion Drum and Bugle Corps and a front ensemble tech with the Seattle Cascades out of Seattle, WA. Vincent is also a regular performer with the Boise Philharmonic, Treasure Valley Brass Band and other ensembles across Idaho. When not performing and teaching, Vincent enjoys spending time with his fiancée, his 2 dogs, exploring the outdoors, and watching football. PROJECT TITLE: “Keep Band FREE at Meridian High School” PROJECT BUDGET: $64,575.00 ADMIN FEES (per year): $22,000.00 Percussion Instructor: $6,000.00 Assist. Percussion Instructor: $1,500.00 Color Guard Instructor: $5,000.00 Assist. Color Guard Instructor: $1,500.00 Brass Instructor: $3,000.00 Woodwind Instructor: $1,000.00 Sound Engineer: $2,000.00 Drill Writing: $2,500.00 TOTAL ADMIN FEES: $22,000.00 PRODUCTION FEES: $24,000.00 Marching Band Props $5,000.00 Color Guard Flags $2,000.00 Bussing to Competitions $8,000.00 Bussing to Festivals $5,000.00 Percussion Equipment $2,000.00 Brass Repairs $750.00 Woodwind Repairs $1,250.00 TOTAL PRODUCTION FEES: $24,000.00 MATERIAL COSTS: $13,375.00 Sheet Music – Curriculum Marching Band $2,500.00 Symphonic Band $1,250.00 Concert Band $500.00 Jazz Band $500.00 Pep Band $500.00 Percussion Ensemble $500.00 Chamber Ensembles $500.00 TOTAL SHEET MUSIC COST: $6,250.00 Food Costs Marching Band $2,500.00 Symphonic/Pep Band $500.00 TOTAL FOOD COSTS: $3,000.00 Uniforms: Guard Uniforms $1,000.00 Guard Equipment $1,000.00 Marching Shoes $750.00 Marching Shirts/Polos $2,000.00 Marching Gloves $250.00 TOTAL UNIFORM COSTS: $5,000.00 Awards Ceremony: Letters, plaques & pins $900.00 Band Wahooz Day $1,100.00 TOTAL AWARDS COST: $2,000.00 Honor Band Registration: All-Star Honor Band $300.00 All-State Auditions $250.00 All-State Registration $1575.00 State Solo $250.00 State Small Ensemble $750.00 TOTAL HONOR BAND COST: $3,125.00 VENUE FEES: $5,200.00 Marching Band Festival Fees Festival 9.30 $300.00 Festival 10.8 $400.00 Festival 10.15 $400.00 Festival 10.22 $50.00 Festival 10.29 $400.00 Jazz Band Festival Fees Festival 12.1 $300.00 Festival 2.23 $400.00 Festival 4.4 $400.00 Symphonic Band Festival Fees Festival 2.9 $400.00 Festival 2.28 $900.00 Festival 3.8 $250.00 Festival 4.16 $250.00 Festival 5.4 $750.00 TOTAL ADMIN FEES: $22,000.00 TOTAL PRODUCTION COST: $24,000.00 TOTAL MATERIALS COST: $13,375.00 TOTAL VENUE FEES: $5,200.00 TOTAL PROJECT COST: $64,575.00 PROJECT INCOME: $52,118.00 ADMISSION FEES: $0 GRANTS: $0 CORPORATE CONTRIBUTIONS: $14,733.00 $1,333.00 – CapEd Credit Union $8,000.00 – WASD for “consumable or curriculum items only” $2,000.00 – West Ada School District for “repairs only” $3,400.00 – WASD for “band staff only” SPONSORSHIPS: $8,850.00 Pressing Matters - 208-995-2891 Plumbers & Pipefitters Local 296 – Boise, ID – (208) 740-4827 Boise Speech & Hearing Clinic – (208) 793-7006 Independence Indoor – (208) 229-4755 Chatterton Myo Courses – (208) 793-7006 Center for Orofacial Myology – (208) 793-7006 Greenbelt Management, LLC – (208) 206-5861 Treasure Valley CPA - Docena@treasurevalleycpa.com - (208) 322-0720 NJ Gomeza Farms – (208)-921-0844 Bright Helm Leadership & Executive Coaching – (208) 996-6701 NuMe TMS Clinics – (855) 423-1746 Phoenix Fire Games - Meridian, ID – (208) 629-4686 Potential Unleashed Dog Training – (208) 260-4191 Prairie Medical – (800) 627-0617 For the Joy Ministries – (206) 478-8274 Victory Greens – 3800 S. Meridian Rd. – Meridian, ID Boise Hawks Baseball - 208.322.5000 FUNDRAISING: $28,535.00 Cafe Zupas $85.00 Home Concerts - Silent Auction $100.00 Gift Wrapping @ the Village $100.00 WASD Raffle Ticket Fundraiser $750.00 WASD Raffle Ticket Fundraiser $750.00 Football & Basketball Concessions $750.00 Basketball 50/50 Raffles $1,000.00 Text-a-thon Campaign $4,000.00 BSU Home FB Seat Rental Booths $21,000.00 PROJECT TIME-LINE: MHS Band Performances between now and Aug. 30, 2024: 2.17.24 Winter Guard Competition 2.24.24 Winter Guard Competition 2.28.24 District Solo Qualifying Event 2.28.24 District Small Ensemble Qualifying Event 3.02.24 Winter Guard Competition 3.08.24 District Large Group Band Festival at Centennial HS 3.09.24 Winter Guard Competition 3.14.24 Meridian Performing Arts Center Performance – ALL BANDS 3.23.24 Winter Guard Competition 3.28.24 Jazz Band & Percussion Ensemble Dinner & Show 4.04.24 Jazz Band at Gene Harris Jazz Festival 5.01.24 ID State Solo Competition 5.02.24 ID State Small Ensemble Competition 5.18.24 Meridian Performing Arts Center Performance – ALL BANDS 5.25.24 Band performs at MHS Graduation 5.28.24 WASD Jazz Festival @ Kleiner Park 6.20.24 Meridian Dairy Days Parade – Marching Band Performance 8.09.24 MHS Marching Band Parent Preview Show & BBQ 8.15.24 MHS Blue & Gold Football Scrimmage Game 8.22.24 MHS Home FB Game (TBD) 8.29.24 MHS Home FB Game (TBD) PREVIOUS YOUTH PERFORMING ARTS WORK: Since 1904 Meridian HS Band has been serving the community of Meridian. Since 2018, we have done it with ZERO fees and 100% fundraising & sponsorships. MHS Band performs at 5-7 Football games, 10-12 Basketball Games, 4-5 home concerts, 4 assemblies, 5 District Festivals, 2-3 Jazz Festivals, 3-5 Honor Bands, Parades, Recruiting events and more. DESCRIPTION OF PROPOSED PROJECT: HOW WILL MAC CONTRIBUTION BE UTILIZED: MHS Band is projected to need an additional $12,500.00 between now and Aug. 30, 2024. The MAC contributions would allow us to secure funds to ensure our students can participate in all of our events. HOW WILL PROJECT BENEFIT MERIDIAN RESIDENTS & YOUTH: Having a thriving music program is something the whole community can benefit from. We have retirement communities that take busses of residents to our concerts. We have patrons whom only attend sporting events to hear the Band, and we have many students who participate professionally in the music community as a result of their time in the MHS Band. Eliminating the need to pay fees and lessening the need for fundraising allows students of all socio-economic backgrounds to participate in our Band program. TARGET AUDIENCE DEMOGRAPHICS: All of the Meridian Community; Specifically 9-12 grade ESTIMATED MERIDIAN RESIDENTS/VISTORS IMPACTED: Audiences = 30-50K; Students 130-160 HOW WILL MAC’s CONTRIBUTION BE RECOGNIZED: We can place your logo on our band shirts, trailer, concert programs, website, social media, as well as announce at sporting events. Very good promotion opportunity for both parties. ESTIMATED PARTICIPANTS IMPACTED: 130-160 students at Meridian HS AGENDA ITEM ITEM TOPIC: Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel #R5672000720 - Agreement between City of Meridian and Trax Holding ADA COUNTY RECORDER Trent Tripple 2024-031555 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/12/2024 09:45 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: A4E.RIDL4N CITY CLERK 33 E.Broadwa),Avenue Meridian,Idaho 83642 SANITARY SEWER SERVICE LINE EASEMENT This SANITARY SEWER SERVICE LINE EASEMENT is made thisl 1 th day of June 2024("Effective Date") between CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian, Idaho ("GRANTOR"), and TRAX HOLDING, owner of the property at 114 E Idaho Avenue,Meridian Idaho ("GRANTEE"); WHEREAS,GRANTOR is the owner of property located at 804 N MAIN ST, MERIDIAN, ID 83642, Ada County parcel no. R5672000720, more particularly described as N 45'OF LOTS 1-3 INC BLK 5 ("Property"); WHEREAS,GRANTEE seeks an easement across Property for the purpose of installing an underground sanitary sewer service line across the Property and accessing such sewer line for maintenance and repair, and GRANTOR seeks to allow such installation and access; and WHEREAS,the sanitary sewer line will be installed by the City of Meridian as part of the E Idaho Avenue,N Main Street to 6 th Street Water and Sewer Improvement Project; NOW,THEREFORE, in consideration of the benefits to be received by GRANTOR, and for other good and valuable consideration, GRANTOR does hereby grant unto GRANTEE the following nonexclusive sanitary sewer easement on and under the Property to provide for the installation, maintenance and service of an underground Sanitary Sewer Service Line Easement. The easement is described as follows: See Exhibit A rand B The Sanitary Sewer Service Easement hereby granted is for the purpose of construction of an underground sanitary sewer line and allied sewer facilities, and perpetual access thereto for purposes of maintenance, repair and replacement. Any allied sewer facilities installed within the Sanitary Sewer Easement shall be subterranean, with the exception of cleanouts,which shall protrude no more than three inches above the surface. The Sanitary Sewer Service Line Easement shall include the right of ingress and egress along the route of the Sanitary Sewer Service Line Easement for the purposes set forth herein. GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures in the Sanitary Sewer Service Line Easement without consent from the GRANTEE. GRANTOR may place fencing and paving, and may plant trees and perennial shrubs within the Sanitary Sewer Service Line Easement. IT IS EXPRESSLY UNDERSTOOD AND AGREED that after installing, making repairs, and perfon-ning maintenance and replacements to the sanitary sewer line, GRANTEE shall repair and restore the area of the Sanitary Sewer Service Line Easement and adjacent property to that existent prior to undertaking such procedures. GRANTOR does hereby covenant with GRANTEE that GRANTOR is lawfully seized and SANITARY SEWER SERVICE LINE EASEMENT- I AGENDA ITEM ITEM TOPIC: Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel # R5672000710 - Agreement between City of Meridian and Trax Holding ADA COUNTY RECORDER Trent Tripple 2024-031554 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/12/2024 09:45 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: MERIDIAN CITY CLERK 33 E.Broadivgy Avenue Meridian,Idaho 83642 SANITARY SEWER SERVICE LINE EASEMENT This SANITARY SEWER SERVICE LINE EASEMENT is made this11th day of June 2024("Effective Date")between CITY OF MERIDIAN,a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian, Idaho ("GRANTOR"), and TRAX HOLDING, owner of the property at 114 E Idaho Avenue,Meridian Idaho ("GRANTEE"); WHEREAS,GRANTOR is the owner of property located at 804 N MAIN ST,MERIDIAN, ID 83642,Ada County parcel no. R5672000710, more particularly described as S 15'OF N60' OF LTS 1-2 S75' (`Property"); WHEREAS,GRANTEE seeks an easement across Property for the purpose of installing an underground sanitary sewer service line across the Property and accessing such sewer line for maintenance and repair, and GRANTOR seeks to allow such installation and access; and WHEREAS,the sanitary sewer line will be installed by the City of Meridian as part of the E Idaho Avenue,N Main Street to 61" Street Water and Sewer Improvement Project; NOW,THEREFORE, in consideration of the benefits to be received by GRANTOR, and for other good and valuable consideration, GRANTOR does hereby grant unto GRANTEE the following nonexclusive sanitary sewer easement on and under the Property to provide for the installation, maintenance and service of an underground Sanitary Sewer Service Line Easement. The easement is described as follows: See Exhibit A aand B The Sanitary Sewer Service Easement hereby granted is for the purpose of construction of an underground sanitary sewer line and allied sewer facilities, and perpetual access thereto for purposes of maintenance,repair and replacement. Any allied sewer facilities installed within the Sanitary Sewer Easement shall be subterranean, with the exception of cleanouts,which shall protrude no more than three inches above the surface.The Sanitary Sewer Service Line Easement shall include the right of ingress and egress along the route of the Sanitary Sewer Service Line Easement for the purposes set forth herein. GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures in the Sanitary Sewer Service Line Easement without consent from the GRANTEE. GRANTOR may place fencing and paving, and may plant trees and perennial shrubs within the Sanitary Sewer Service Line Easement. IT IS EXPRESSLY UNDERSTOOD AND AGREED that after installing, making repairs, and performing maintenance and replacements to the sanitary sewer line, GRANTEE shall repair and restore the area of the Sanitary Sewer Service Line Easement and adjacent property to that existent prior to undertaking such procedures. GRANTOR does hereby covenant with GRANTEE that GRANTOR is lawfully seized and SANITARY SEWER SERVICE LINE EASEMENT- I AGENDA ITEM ITEM TOPIC: Sanitary Sewer Service Line Easement - 804 N. Main St. - Parcel #R5672000721 - Agreement between City of Meridian and Trax Holding 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. AGENDA ITEM ITEM TOPIC: Resolution No. 24-2458: A Resolution Appointing Brienne Sandow to Seat 8 of the Meridian Parks and Recreation Commission; and Providing an Effective Date RESOLUTION APPOINTING SANDOW TO THE MERIDIAN PARKS AND RECREATION COMMISSION CITY OF MERIDIAN RESOLUTION NO. 24-2458 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR, WHITLOCK A RESOLUTION APPOINTING BRIENNE SANDOW TO SEAT 8 OF THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-4-1 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Brienne Sandow to Seat 8 of the Meridian Parks and Recreation Commission as recommended by Mayor Simison and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That, effective immediately, Brienne Sandow be appointed to Seat 8 of the Meridian Parks and Recreation Commission, which term shall expire October 31, 2024. 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 11th day of June, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 11th day of June, 2024. APPROVED: ATTEST: _________________________________ _______________________________ Mayor Robert E. Simison Chris Johnson C� E IDIAN Planning and Zoning Department Presentation and Outline Changes to Agenda: None Item #12: Pine 43 No. 3 (Lot 15, Block 6) (H-2023-0067) Application(s):  Vacation Size of property, existing zoning, and location: This property is located at 1225 N. Meadowglen Ave., south of E. Fairview Ave. and west of N. Webb Ave. in the R-15 zoning district. History: This property was platted as Lot 15, Block 6 of Pine 43 Sub. No. 3. Summary of Request: The Applicant requests approval to vacate the 5-foot wide side yard utility easement along the north side of the lot as depicted on the recorded plat. The reason for the request is to remove restrictions to the homebuilder’s building footprint as there are no in-ground or overhead utilities in the subject easement. The exhibit map shown on the right depicts the portion of the easement proposed to be vacated. The Applicant submitted relinquishment letters from all impacted utility companies consenting to the vacation of the easement as proposed. Letters were received from Settlers Irrigation District, Sparklight, Lumen, Idaho Power and Intermountain Gas Co. Staff Recommendation: Approval Written Testimony: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0067, as presented in the staff report for the hearing date of June 11, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0067, as presented during the hearing on June 11, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0067 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) h2 City Council MeetingJune 11, 2024 Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 AGENDA ITEM ITEM TOPIC: Public Hearing for Pine 43 Subdivision No. 3 (Lot 15, Blk 3) (H-2023-0067) by J-U-B Engineers, Inc., located at 1225 N. Meadowglen Ave. Application Materials: https://bit.ly/H-2023-0067 A. Request: Vacation of the 5-foot wide side yard utility easement along the north side of Lot 15, Block 3, Pine 43 Subdivision No. 3. Page 1 HEARING DATE: 6/11/2023 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-489-0573 SUBJECT: Pine 43 No. 3 (Lot 15, Block 6) - VAC H-2023-0067 OCATION: 1225 N. Meadowglen Ave., in the NW 1/4 of Section 8, T.3N., R.1E. I. PROJECT DESCRIPTION Request to vacate the 5-foot wide side yard utility easement along the north side of Lot 15, Block 6, Pine 43 Subdivision No. 3. II. APPLICANT INFORMATION A. Applicant: Keith Morse, J-U-B Engineers – 2760 W. Excursion Lane, Ste. 400, Meridian, ID 83642 B. Owner: Todd Campbell, Savannah, LLC – PO Box 140298, Boise, ID 83714 C. Representative: Dan Torfin, C & O Development – 1157 N. Summerbrook Ave., Meridian, ID 83642 III. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2, vacation of a utility easement falls under “all others”, which requires approval from City Council at a public hearing. IV. NOTICING City Council Posting Date Newspaper Notification 5/26/2024 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 Radius notification mailed to properties within 300 feet 5/24/2024 Next Door posting 5/28/2023 V. STAFF ANALYSIS The Applicant requests approval to vacate the 5-foot wide side yard utility easement along the north side of Lot 15, Block 6, Pine 43 Subdivision No. 3 depicted on the plat in Section VII.A. The reason for the request is to remove restrictions to the homebuilder’s building footprint as there are no in-ground or overhead utilities in the subject easement. A legal description and exhibit map of the portion of the easement proposed to be vacated is included in Section VII.B below. The Applicant submitted relinquishment letters from all impacted utility companies consenting to the vacation of the easement as proposed. Letters were received from Settlers Irrigation District, Sparklight, Lumen, Idaho Power and Intermountain Gas Co. VI. DECISION A. Staff: Staff recommends approval of the vacation of the public utility easement as proposed by the Applicant and as agreed upon by the easement holders. Page 3 VII. EXHIBIT A. Recorded Plat Page 4 B. Legal Description & Exhibit Map of the Utility Easement Proposed to be Vacated Page 5 AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2053: An Ordinance (Stonehill Church H-2023-0041) for rezone of a portion of the north half of Section 36, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 13.36 acres of land from the R-4 (Medium Low-Density Residential) zoning district to the R-8 (Medium-Density Residential) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-031549 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 06/12/2024 09:44 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2053 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR, WHITLOCK AN ORDINANCE (STONEHILL CHURCH H-2023-0041) FOR REZONE OF A PORTION OF THE NORTH HALF OF SECTION 36,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 13.36 ACRES OF LAND FROM THE R-4 (MEDIUM LOW-DENSITY RESIDENTIAL) ZONING DISTRICT TO THE R-8 (MEDIUM- DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Stonehill Church.Inc., the owner of said property. SECTION 2. That the above-described real property is hereby rezoned from the R-4 (Medium Low-Density Residential) Zoning District to the R-8 (Medium-Density Residential) Zoning District. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. REZONE ORDINANCE—STONEHILL CHURCH H-2023-0041 PAGE I REZONE ORDINANCE – STONEHILL CHURCH H-2023-0041 PAGE 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 11th day of June, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 11th day of June, 2024. _________________________________ MAYOR ROBERT E. SIMISON ATTEST: ____________________________________ CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this ____ day of June, 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ___________________________________ (SEAL) Notary Public for Idaho My Commission Expires: ______________ EXHIBIT A EXHIBIT B i I l i i CERTIFICATION OF SUMMARY: 1 r William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary 1 below is true and complete and upon its publication will provide adequate notice to the public. i 3 i William L. M.Nary, City Attorne SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2053 An Ordinance (Stonehill Church H-2023-0041) for rezone of a portion of the north half of Section 36, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit"A,"rezoning 13.36 acres of land from the R-4 (Medium Low-Density Residential)zoning district to the R-8 (Medium-Density Residential)zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance;providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] REZONE ORDINANCE-STONEHILL CHURCH H-2023-0041 PAGE 3