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HomeMy WebLinkAbout2024-08-13 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 13, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock (out at 7:45) Councilman Luke Cavener Councilwoman Liz Strader Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener, Councilwoman Strader 1. Approve Minutes of the July 16, 2024 City Council Work Session 2. Approve Minutes of the July 23, 2024 City Council Work Session 3. 425 Watertower Commercial Flex Water Main Easement (ESMT-2024-0100) 4. Amity Rd. Storage Water Main Easement No. 2 (ESMT-2024-0104) 5. Bank of America: Village at Meridian Partial Release of Sanitary Sewer and Water Main Easement (ESMT-2024-0102) 6. Blue Horizon Flex Water Main Easement (ESMT-2024-0101) 7. Franklin Industrial Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024- 0066) 8. Franklin Industrial Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024- 0067) 9. Matador Estates Subdivision Water Main Easement No. 1 (ESMT-2024-0094) 10. Oaks North Phase 12 Sanitary Sewer and Water Main Easement (ESMT-2024- 0099) 11. Prescott Ridge Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0095) 12. Sulamita Evangelical Church Sanitary Sewer and Water Main Easement (ESMT- 2024-0103) 13. Final Plat for Lavender Place (FP-2024-0011), located at 2160 E. Lake Hazel Rd., approximately 1/4 mile east of S. Locust Grove on the north side of Lake Hazel Rd., by Breckon Land Design on behalf of LH Development, LLC. 14. Findings of Fact, Conclusions of Law (corrected) for Pebblebrook Subdivision (H- 2024-0005), located at 5725 N. Meridian Rd., by Rodney Evans + Partners, LLC. 15. Landscaping and Maintenance Agreement between the City of Meridian and Ten Mile Crossing Inc. (Brighton) for the I-84 and Ten Mile Road Interchange 16. Interagency Agreement between Ada County Highway District and the City of Meridian for Water and Sewer Construction/Roadway Construction - FY 22 - Residential Capital Maintenance 17. Interagency Agreement between Ada County Highway District and the City of Meridian for Water and Sewer Construction/Roadway Construction - Ustick - Black Cat to Ten Mile 18. School Resource Officer Agreement between City of Meridian and West Ada School District: 2024-2025 School Year 19. Agreement to approve acceptance of Hidden in Plain Sight Drug Awareness trailer donation for the Meridian Polic Department and Meridian Anti-Drug Coalition 20. Development Agreement (Pebblebrook Subdivision H-2024-0005) Between City of Meridian and Te Amo Despacio, LLC for Property Located at 5725 N. Meridian Rd. 21. Resolution No. 24-2465: A Resolution of the City Council of the City of Meridian to Adopt 2025 Initial Point Gallery Schedule; and Providing an Effective Date 22. Resolution No. 24-2467: A Resolution of the City Council of the City of Meridian Revising the Public Works Design Standards for the City of Meridian; and Providing an Effective Date 23. Approval of Construction Contract and succeeding PO to Challenger Companies, Inc. for Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) for the Not-To-Exceed amount of $476,042.50. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 24. Public Hearing for Luna Hospice (H-2024-0012) by CivilSphere Engineering, Located at 525 E. Overland Rd. Approved Application Materials: https://bit.ly/H-2024-0012 A. Request: Annexation of 1.03 acres of land with a proposed R-8 zoning district. B. Request: Conditional Use Permit to operate a nursing or residential care facility consisting of a 14-bed hospice facility. Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener, Councilwoman Strader 25. Public Hearing for UDC Text Amendment 2024 (ZOA-2024-0001) by City of Meridian Planning Division Continued to September 10, 2024 Application Materials: https://bit.ly/ZOA-2024-0001 A. Request: Text Amendment to amend certain regulations and add new definitions, uses, figures and specific use standards throughout Chapters 1-5 of the City's Unified Development Code (UDC). Motion to continue to September 10, 2024 made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader ORDINANCES \[Action Item\] 26. Ordinance No. 24-2056: An Ordinance (Two Mustard Seeds Women’s Resale Shop H-2024-0009) for rezone of a parcel of land being a portion of Lot 2, Block 1 of West View Addition to Meridian Subdivision as filed in Book 2 of Plats at Page 68, records of Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 0.63 acres of land from the R-8 (Medium-Density Residential) zoning district to the O-T (Old Town) 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 Cavener, Councilwoman Strader 27. Ordinance No. 24-2057: An ordinance (Rosalyn Subdivision – H-2023-0056) annexing a parcel of land located in the northwest quarter of the southwest quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 0.014 acres of such real property from RUT (Rural Urban Transition) to the R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 28. Ordinance No. 24-2058: An ordinance (Pebblebrook Subdivision – H-2024-0005) annexing a parcel of land located in the northeast quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 13.94 acres of such real property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader FUTURE MEETING TOPICS ADJOURNMENT 8:10 PM Meridian City Council August 13, 2024. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, August 13, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Other Present: Chris Johnson, Bill Nary, Bill Parsons, Shawn Harper, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Brian Whitlock Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is August 13, 2024, at 6:00 p.m. We will begin tonight's Meridian 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: Tonight the invocation will be delivered by Nate Wheeler. Mr. Wheeler, if you want to go ahead and come forward and for those in the audience if you would like to join us in the community invocation please do so or take this as a moment of silence and reflection. Nate, nice to see you. Wheeler: Nice to see you, too, Mayor, Council Members and, Mr. Parsons, good to see you here again. So, thank you very much for this opportunity. Let's pray. God, I want to thank you for this day. I want to thank you for this time. I want to thank you for these servants here in this town. I want to pray that you can continue to bless them and guide them and direct them and to continue to make our town and the community that people want to be in. Lord, thank you for the ways that they have been taking care, not only in the growth, but also in the safety. Continue to give them wisdom, continue to protect their families, give them insights, help them be able to foresee beyond their own. Be able to allow them to see the needs of this community in a deeper way and be able to Meridian City Council August 13,2024 Page 2 of 46 continue to build the city up in a way that makes a long-term commitment and an opportunity for people to want to come to for years to come in. In Jesus' name, amen. ADOPTION OF AGENDA Simison: Thank you, Nate. Appreciate you. Next item up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I see no changes to tonight's agenda, so I move we adopt the agenda as presented. Strader: Second. Simison: Have a motion and a second to adopt the agenda. 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: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the July 16, 2024 City Council Work Session 2. Approve Minutes of the July 23, 2024 City Council Work Session 3. 425 Watertower Commercial Flex Water Main Easement (ESMT-2024- 0100) 4. Amity Rd. Storage Water Main Easement No. 2 (ESMT-2024-0104) 5. Bank of America: Village at Meridian Partial Release of Sanitary Sewer and Water Main Easement (ESMT-2024-0102) 6. Blue Horizon Flex Water Main Easement (ESMT-2024-0101) 7. Franklin Industrial Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0066) 8. Franklin Industrial Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0067) 9. Matador Estates Subdivision Water Main Easement No. 1 (ESMT- 2024-0094) Meridian City Council August 13,2024 Page 3 of 46 10. Oaks North Phase 12 Sanitary Sewer and Water Main Easement (ESMT-2024-0099) 11. Prescott Ridge Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0095) 12. Sulamita Evangelical Church Sanitary Sewer and Water Main Easement (ESMT-2024-0103) 13. Final Plat for Lavender Place (FP-2024-0011), located at 2160 E. Lake Hazel Rd., approximately 1/4 mile east of S. Locust Grove on the north side of Lake Hazel Rd., by Breckon Land Design on behalf of LH Development, LLC. 14. Findings of Fact, Conclusions of Law (corrected) for Pebblebrook Subdivision (H-2024-0005), located at 5725 N. Meridian Rd., by Rodney Evans + Partners, LLC. 15. Landscaping and Maintenance Agreement between the City of Meridian and Ten Mile Crossing Inc. (Brighton) for the 1-84 and Ten Mile Road Interchange 16. Interagency Agreement between Ada County Highway District and the City of Meridian for Water and Sewer Construction/Roadway Construction - FY 22 - Residential Capital Maintenance 17. Interagency Agreement between Ada County Highway District and the City of Meridian for Water and Sewer Construction/Roadway Construction - Ustick - Black Cat to Ten Mile 18. School Resource Officer Agreement between City of Meridian and West Ada School District: 2024-2025 School Year 19. Agreement to approve acceptance of Hidden in Plain Sight Drug Awareness trailer donation for the Meridian Police Department and Meridian Anti-Drug Coalition 20. Development Agreement (Pebblebrook Subdivision H-2024-0005) Between City of Meridian and Te Arno Despacio, LLC for Property Located at 5725 N. Meridian Rd. 21. Resolution No. 24-2465: A Resolution of the City Council of the City of Meridian to Adopt 2025 Initial Point Gallery Schedule; and Providing an Effective Date Meridian City Council August 13,2024 Page 4 of 46 22. Resolution No. 24-2467: A Resolution of the City Council of the City of Meridian Revising the Public Works Design Standards for the City of Meridian; and Providing an Effective Date 23. Approval of Construction Contract and succeeding PO to Challenger Companies, Inc. for Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) for the Not-To-Exceed amount of $476,04 Simison: Next item up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve the Consent Agenda as presented, for the Mayor to sign and the Clerk to attest. Strader: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So, Mr. Clerk, did we have anyone signed up under public forum? Johnson: Mr. Mayor, we did not. ACTION ITEMS 24. Public Hearing for Luna Hospice (H-2024-0012) by CivilSphere Engineering, Located at 525 E. Overland Rd. A. Request: Annexation of 1.03 acres of land with a proposed R-8 zoning district. B. Request: Conditional Use Permit to operate a nursing or residential care facility consisting of a 14-bed hospice facility. Meridian City Council August 13,2024 Page 5 of 46 Simison: Okay. Then with that we will move right into our Action Items for this evening. First item up is Item 24, which is a public hearing for Luna Hospice -- Hospice, H-2024- 0012. We will open this public hearing with staff comments. Parsons: Thank you, Mr. Mayor, Members of Council, first item on the agenda tonight is a request for annexation and conditional use permit for the Luna Hospice application. The site consists of 1.03 acres of land, currently zoned R-1 in Ada county and is located at 525 East Overland Road. Future land designation on this property is medium density residential. However, this project before you tonight is not -- is residential in nature. It is a nonresidential use on this site and as such in the Comprehensive Plan you are given the authority to allow a commercial or office use on this property, even though it has a residential designation on it. So, that's something that we have asked as part of the request tonight, the applicant's asked for the Council to grant that nonresidential use. So, the applicant is here again to annex in the property with the R-8 zoning district and because of the R-8 zoning the nursing care facility does require conditional use in that residential zoning district and they want to operate a 14 bed hospice care facility. So, in the UDC that is defined as a nursing or residential care facility. You can see here the differences in the site plan. So, when we were before Planning and Zoning Commission the applicant submitted the plan on the left-hand side of your screen labeled as previous site plan and since the Planning and Zoning Commission the applicant has revised that site plan based on the conversations that were held at -- based on the conditions in the staff report and conversations held at the Planning and Zoning Commission here. Access to this development is currently -- the only access to this site will be from Overland Road, which is an arterial roadway, and on the left-hand graphic here you can see the existing driveway approach, which is U-shaped. That will be replaced and per the recommendation of staff, Commission and ACHD the applicant has shifted their driveway location to the eastern most portion of the site, which allows access to this property -- one access to this property. So, we are consolidating accesses, which is consistent with the code, but it also sets up the adjacent properties to the east and the adjacent property to the west that are also in the county that may redevelop at some point in the future. So, we are getting that cross-access, which is also envisioned by the UDC. So, again, I think they -- compliment the applicant for making those changes, so that we can share those with you this evening. Go ahead and transition to the landscape plan here, so you can see how that would relate in -- in accordance to UDC standards. So, because this is an R-8 zoning district the applicant doesn't necessarily need to provide a landscape buffer to the surrounding residential uses, but you can see in this exhibit that they are proposing a 20 foot buffer along the southern boundary and the eastern boundary to provide that buffer, but as I mentioned in the hearing outline and in the staff report, on the west side of the site there is an existing garage that will remain and be part -- be used for storage for the proposed use and there is also a driveway that provides access to that. So, that's why you see a lesser buffer on that side as well. And, again, the Commission was comfortable with that and also in the staff report and in your hearing outline this evening. I would mention to the Council that the actual structure itself, the existing garage, does encroach within the -- within the R-8 setback if this property is annexed and zoned. So, typically, in an R-8 zone we require a five foot setback and you can see here in the graphic here may be encroaching about Meridian City Council August 13,2024 Page 6 of 46 a foot within that setback. Again, considered a nonconforming structure, which is allowed in our code, it just any future expansion would just -- any nonconforming structure would just have to meet the current setback standards for that addition, not necessarily remove the whole entire building. So, again, because it was being used as a storage, the Commission was comfortable with it remaining as a nonconforming structure on the site and I will also point out to the Council that the existing home, as well is far away -- is outside of the setback, so it's really just the detached structure, not any part of the structure or the addition. So, the existing home on the site is about 2,000 -- little over 2,000 square feet and, then, the applicant is also proposing as part of the condition of use to build on another 2,000 square feet, so that you are looking at over 4,000 square feet of structure on this property and, then, putting in the associated parking with that. So, all of that does meet UDC standards as well. Here is some sample elevations of the addition. Again, the applicant will have to come back once annexed, go through the certificate of zoning compliance process, design review process with the staff and we will make sure that the addition matches in with the surrounding properties and looks residential in nature. Planning and Zoning Commission did recommend approval at the June 20th hearing and, then, really any items of discussion -- discussed at the hearing, so -- and the only outstanding issue for the Council this evening is what we had hoped and -- hoped for was when we looked at the legal description for the annexation request there are certain requirements that the State Tax Commission requires and the documentation that was provided with the application didn't quite meet those standards, so we didn't want the applicant to get hung up at the Tax Commission if this is approved for annexation. We had hoped to get the revised documents before the City Council hearing and that did not happen. So, in tonight's -- tonight I'm asking you to add a condition to this project as part of the annexation comments that they get that exhibit to us prior to the city adopting the ordinance. We really need to get that buttoned up, so that if this moves forward and they get forward -- submitted to the Tax Commission for approval for annexation that they meet those requirements. So, I would ask that the Council add that to the -- to your motion this evening. I have had a chance to look at the public record. There is no public testimony on this application. So, again, should be pretty straightforward. Both the Planning and Zoning Commission and staff have recommended approval to you and I will conclude my presentation and stand for any questions you may have. Simison: Thank you. Council, any questions for staff? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just a quick question, Bill. The -- on the revised landscape plan with that cross- access, is that like a -- going to be like a driveway or more like a -- kind of a road? What is that actually going to look like? Parsons: Mayor, Members of the Council, yes, that will actually be black asphalt to provide the drive aisle to the parking and, then, also stubbed to the adjacent property for Meridian City Council August 13,2024 Page 7 of 46 a future cross-access and, then, along Overland is a 20 foot wide landscape buffer. Code requires 25 feet, but if they use water conserving design concepts they can reduce that buffer by half, but they have only elected to go down to 20 feet. So, their buffer will still meet UDC standards. Simison: Council, an additional questions for staff? Would the applicant like to come forward? Weber: Hi. I'm Carmen Weber -- I am Carmen Weber. I'm representing Weber Design Studio. I'm the landscape architect on the project. Simison: Can you get closer to the mic, so we have our remote listeners hear. Weber: So, I'm Carmen Weber. I'm representing Weber Design Studio. I'm the landscape architect on the project and Claire Smarda is the civil engineer. She couldn't be here today. She's with CivilSphere Engineering and -- Lieu: My name is Albert Lieu. I'm one of the co-owners of Luna Hospice. We currently have a hospice home in Nampa right now and trying to expand into Meridian. So, if you have any questions for me, please, let me know. Simison: Council, any questions for the applicant? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you for being here tonight. I did have just a -- a quick question. This may be a little bit out of right field, but do you prohibit your employees to smoke at work? Are you a nonsmoke facility or -- Lieu: If -- on our agreement for the staff if they smoke it would be outside -- 20 feet to -- I think it was 25 feet away from the building. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Okay. So, that's -- at least that's where at least my hesitation is. We have got kind of residential use and I guess where I somewhat worry about is that, again, people make their own decisions about tobacco usage, but would want to be really sensitive about us not impacting the residential sides that are kind of a -- on both sides of you with having somebody who is using tobacco. So, I don't know where you have got the -- we have got the -- kind of the storage garage that's already outside the setback area. That's the part that I -- I kind of look at. That would be the natural maybe spot where somebody would be on a break, would hang out, and that puts it in pretty Meridian City Council August 13,2024 Page 8 of 46 close to the neighbors and so I don't know -- I don't think that's something you have considered. I just don't know what you guys think is the best remedy around that. Lieu: I think we will look at the location. I think there will be like a smoking area and it would be away from any of the setback areas. Cavener: Okay. We may talk about this a little bit more, but I appreciate your willingness to try and solve that, so thank you. Lieu: No problem. Simison: Council, any additional questions for the applicant? Okay. Thank you very much. Weber: Thank you. Simison: Mr. Clerk, did we have anybody signed up to provide testimony on this item? Johnson: Mr. Mayor, just Robert Sperry. Simison: Robert Sperry. If you would like to come forward. Please come forward and if you would state your name and address the record, please. Brody: Rodney Brody. 58 East Dominica Drive, Meridian Greens and we have an irrigation pipe under this and we are obligated to provide water to this and the house east of there and our pipe can't be covered up. We have to have access to it and if they want to move it they couldn't move it until after the irrigation season. But it's very difficult. We have a thrust block right under that neighborhood, so it has to -- the whole thing would have to be moved and I don't think there is room to move it back any further. We have a four inch pipe coming in at that lot. It is divided into two one inch pipes, but one is going to the other one and that first one and that lot gets one inch of water. Simison: Okay. Council -- okay. All right. Thank you. Appreciate it. Brody: Thank you. Simison: Is there anybody else who would like to provide testimony on this application, either here in chambers or anybody online? If you are online you can use the Zoom function -- or use the raise your hand feature. Seeing no one coming forward or raising their hand, would you like the applicant to come up now to see if they can answer those questions? It doesn't sound like we have the subject matter expert from the applicant here that could answer that, unless they think they can. So, if the applicant would like to come forward to close and -- Weber: I couldn't quite hear him very clearly back there. Would you mind reiterating what he had mentioned in his comments, please? Meridian City Council August 13,2024 Page 9 of 46 Simison: He mentioned irrigation facilities that are located on the property and the challenges with what could or couldn't be done with them due to how they provide to neighboring properties. Weber: Okay. Yeah. We have looked into it and we are working with the adjacent HOA that is contributing with the pressurized irrigation that's currently on site right now. We are aware of the different sizes of pipes on site and we plan to not exceed any of our rights that we are allowed. Additionally, we understand that construction has to happen within the irrigation -- like non-irrigated period of the year, so that we don't prevent irrigation for adjacent uses. So, we are planning on accommodating all neighbors and not disrupting any of their current water service. Simison: Council, clarifying comments, questions? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: To kind of clarify, so is the current irrigation already underground? Weber: Yes. Taylor: And the previous testimony said that can't be covered. I'm not sure what that means. Does that mean by -- like black top? By a facility? I mean what -- what exactly are we talking about by the irrigation can't be covered? Weber: Access to it. So -- so that would provide -- that would be like -- like a box, a gate that you could service it. So, wherever the connection points are it's not completely covered. So, for future maintenance you would be able to get in there and access it. Lieu: So, actually, I think six or seven months ago somebody did come to dig out the main and replace it. So, where the main is we will not be building on top of that. That would still be the area that you see behind there. It -- it would be within the setback. So, the access -- which should not be an issue, since, you know, they already came and dug up and replaced the main. Weber: Just for so everyone knows it runs along the south side of the property within that setback. Lieu: Parallel to the fence. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council August 13,2024 Page 10 of 46 Strader: I have a question for planning staff. Hi, Bill. Do we not usually receive like a letter from the irrigation district just kind of formalizing their review? Where are we at with that and how -- how would you expect this issue to be resolved? Would you expect this issue to be resolved before approving it. Help me understand what we would normally do with this. Parsons: Certainly. I can certainly look in the public record and see if we received anything, but just for context of this conversation, Mayor, Council Woman Strader, it depends on the size of the facility. A lot of times Nampa-Meridian, Settler's Irrigation, the New York Canal Company, they -- they have a broader area they overlook, but they don't deal with all the individual lateral users associations. So, sometimes when you get to those small minute singular properties it's hard to identify which group controls what and that's why we appreciate a gentlemen like this coming and saying hey -- and it does throw -- it does throw a wrench in the conversation, because we don't expect that to occur. But if it was a larger facility, absolutely, we would have something from Nampa- Meridian that says provide a land use application change with us and go through the change. I think in this particular case it sounds like the facility's already built, the water rights are associated with this property, so it really is more of a private matter than a public matter, but there are state laws that tries to protect that for each individual. So, as long -- the positive thing that I heard about the conversation is that they are working with the HOA and as long as they don't build over it and they have a ways to maintain it and access it and there is an agreement to that effect and everyone agrees to it, I think staff is still comfortable with them moving forward with developing the site. But let me look at the public record and see if we got any official comments from any of the irrigation providers. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: For what it's worth, I'm generally supportive of the -- of the request. I do always worry whether certain -- to our planning staff's point, certain state laws that -- that direct you can't impede or get in the way of the flow of water from a previous water right. I would feel more comfortable in voting in approval once that -- those T's have been crossed and the I's have been dotted on that particular piece. While this would eventually become a civil matter, I wouldn't want to necessarily have a Council action that, then, has to, then, result in a civil disagreement between a homeowners association and a property owner. So, I was trying to see if I could get our packet opened up tonight, so I'm hoping that our planning staff may have much more magical approach at getting that and we can get some of these things, just so that I have got good confidence for our existing residents that they are going to be able to have what they need, you guys are going to be able to go forth and develop your property the way that you want and this is nothing that everyone ever has to worry about down the road. Parsons: So, Mayor, Members of the Council, it sounds like our Iaserfiche system is having some issues this evening, but Chris was able to pick -- pull up the letter. We did Meridian City Council August 13,2024 Page 11 of 46 get some from Nampa-Meridian. It's their typical comment. So, nothing to this granular level of what's occurring on the site to give us any insight what's happening there. So, again, it seems like it's more of them working something out and determining a path forward. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bill, to that point, again, I know sometimes we get in the weeds on these little things and we kind of have the -- we make them maybe larger than they need to be, but I guess from -- from planning staff's perspective if Council is supportive of the annexation with a condition that occupancy is not granted until any of the water issues have been resolved, that's something planning is supportive of or do you have a better mechanism, so that our homeowners association representative feels like, hey, they have got good confidence that their water is not going to be impeded. The applicant has great confidence that they go on and develop their project and it isn't something that we have to worry about. Parsons: Mayor, Members of the Council, I think that's -- that's a great solution. Let's come up with a condition and say provide us written documentation that it's been satisfied and everyone agrees to it and maintain it and we can hold them up at occupancy or even building permits, whatever -- whatever level you want to do that is -- there is -- there is many steps to go still before they get under construction, but it's certainly within your purview to do that with a conditional use permit or even the annexation. Simison: Council, any additional questions, comments? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Back to -- I know it's kind of a weird thing that -- a no smoking within 20 feet on the barrier -- I mean it sounds like you are going to kind of voluntarily impart on yourselves. I don't know if that would be something I would be comfortable setting as a condition for annexation. I think it would be hard for us to enforce. It just -- I think it's in line with what I think your business model is about is being a good neighbor. I think this compliments the area. I just want to make sure we are doing all of our part to not impact both your -- the residents that are going to be staying there that are going through their own health challenges, as well as the existing. Simison: Any additional questions? All right. Thank you very much. Weber: Thank you. Meridian City Council August 13,2024 Page 12 of 46 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we close the public hearing on Item No. 24, H-2024-0012. Strader: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALLAYES. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think this is a fairly straight forward application. There is some unique nuances, but I -- I want to make sure that at least I'm -- I'm prepared to make a motion, unless there is any deliberation that I'm seeing from anybody, but, Mr. Mayor, I move that we approve Item No. 24, application H-2024-0012 for a request for annexation and a condition use permit with two conditions. One is that planning staff be provided documentation from the Idaho Tax Commission prior to being -- issuing building permits. That -- Mr. Mayor, sorry, looking for direction on anything I forgot. Parsons: Mayor and Council, that's part of the ordinance adoption, because it has to be part of the ordinance. Cavener: Thank you. Mr. Mayor, I will revise my -- my motion that conditions that the applicant provide the exhibits from the Tax Commission prior to ordinance issuance and a second condition that they will provide a satisfactory letter of acceptance from the Meridian Greens Homeowner's Association about the usage of irrigation water to meet the needs of the homeowner's association. Taylor: Second. Simison: I have a motion and a second. Is there discussion on the motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe I didn't catch it, but was the letter of acceptance from the HOA prior to any particular milestone? Meridian City Council August 13,2024 Page 13 of 46 Cavener: Mr. Mayor -- thank you, Council Member Strader. I think prior to issuance of occupancy. Simison: Second agree? Taylor: Agree. Simison: Okay. Is there further discussion, clarification? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess a question -- kind of a question for planning staff. I don't know what's causing that, but -- so, we could set prior building permits or occupancy would be a good milestone for that. If there was conflict about this or an issue that could take some time, right, to play out. Is there a milestone that you would think would make sense that would be sooner than that? Just my -- maybe what I'm worried about something that is kind of farfetched, but let's say that there is disagreement between the homeowners association and the owner of this property and they start building something and they were to cover up somehow the irrigation facilities or impact it in some way, how would that get resolved sooner? Because I -- I would hate to have that go on all the way up until building permits at the end of the process; right? Parsons: Madam Mayor, Members of the Council, Council Woman Strader, certainly as I mentioned step one is to get annexed and that's going to take -- you know, there is going to be a development agreement, let's get the ordinance done, that's going to be several weeks down the road. We are nearing the end of the irrigation season, so we know that's going to end in October, so once annexation occurs they still have to come back for a certificate of zoning compliance and design review. So, again, your staff -- staff's stop gap can be prior to CZC submittal. You provide it. Or it can be prior to building permit. You provide it. Because, then, they are not getting permitted to go vertical on construction until we have that issue resolved. So, if we get to occupancy and all of a sudden they are wanting to open the doors and this has not been resolved, it's going to look bad for the city to hold up them opening when it's -- it is a needed -- it's a need in the community and I don't want to put that burden on the applicant. So, that's why I said you have many different points in the -- in the process where you can do that. Now, if you do it prior to -- with CZC submittal, then, again, that kind of delays them from getting to building permit and getting under construction. So, there is -- there is consequences of each phase for them, but if it's -- I'm -- I'm not hearing from the settlement that it seems like it's -- it's a difficult conversation to have. I didn't get that impression, but just wanted you to be aware that they need access to that and that there is some things they should be aware of as they approach development on the site that they have to maintain during this -- Cavener: Mr. Mayor? Meridian City Council August 13,2024 Page 14 of 46 Simison: Councilman Cavener. Cavener: Maybe just at least to kind of speak to kind of where I was headed on that is I don't -- I don't foresee this as being an issue, but I think it's a -- it's a pretty good carrot to say, hey, you can't actually start -- get inside your building and doing the things that you want to do until this issue is resolved, but it gives the applicant a lot of flexibility and time to slow the project down so they can be working on this in parallel with all the other elements of their project, because I think the neighbors good assurances, hey, they are not going to start operating their facility until this issue has been resolved. Parsons: Mayor and Council, they may have to upgrade the system in order to irrigate their site, too. So, it is going to take coordination and collaboration with everybody to make sure that they can irrigate their site as well. Strader: Thank you. Simison: We good? That's what I'm trying to figure out, if we are -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. My only hesitation or concern was I just would have been more comfortable with an earlier milestone, so that we would have known that this is sort of resolved and not -- it seems like a very remote risk, end up in a place where something's been built over the existing pipes and, then, we have to provide a waiver or the neighbors have somehow been impacted, but, then, we can't take action. So, would feel more comfortable if it was prior to the CZC. I'm not sure it rises to the level of me voting against it, but that's kind of where I was coming from. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I would agree with Council Woman Strader's decision. If we can -- you chose to change the motion to an earlier point in this process, instead of at the very end. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: That's why I love our team. I'm going to withdraw the motion and present a new motion, if the second -- Simison: Have a request to withdraw, with the second agreeing, I don't know in my world if that requires a unanimous consent agreement. Think it does, but we won't go Meridian City Council August 13,2024 Page 15 of 46 there in this case. I'm going back to my parliamentarian days. I'm pretty sure it does, but we will call it good. Go ahead, Mr. Cavener. Cavener: There is -- we need some government students here tonight to watch this play out. Mr. Mayor, new motion. I move that we approve Item 24, Luna Hospice, H- 2024-0012 that is the annexation and the CUP with the following conditions: That the applicant provide the exhibits from the Idaho Tax Commission prior to ordinance issuance and that the applicant also provide a letter of acceptance and support from the homeowners association -- the Meridian Greens Homeowners Association as it pertains to the pressurized irrigation prior to issuance of CZC. Little Roberts: Second. Strader: Second. Simison: Got a motion and a second to approve Item H-2024-0012. Is there any discussion on the motion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you and good luck. MOTION CARRIED: ALLAYES. 25. Public Hearing for UDC Text Amendment 2024 (ZOA-2024-0001) by City of Meridian Planning Division A. Request: Text Amendment to amend certain regulations and add new definitions, uses, figures and specific use standards throughout Chapters 1-5 of the City's Unified Development Code (UDC). Simison: All right. Next item up is Item 25, a public hearing for UDC Text Amendments 2024, ZOA-2024-0001. We will open this public hearing with staff comments. Parsons: Thank you, Mayor, Members of the Council. Main event for the night -- for this evening. UDC Text Amendment. So, interesting, I looked at the -- when I was in front of you last year at this -- and I just realized it was about a year ago from last year that I was in front of you talking about code amendments and it's interesting how you kick off these meetings, you meet with the UDC focus group and, then, things kind of morph and you end up with more changes than you planned on bringing forward. So, I know we have a new Council and some new Council Members and some of them haven't been here through some -- some recent code updates. So, I at least want to give you some background in how -- what we do and how we get here and how we vet this information, so you understand that it's not done in a vacuum, we are not sitting in a Meridian City Council August 13,2024 Page 16 of 46 room just talking with staff, it is -- it is meant to be a transparent and open process. So, back in about 2014, 2015 the Council at the time directed staff to form what was called the UDC focus group and it's made up of design professionals, various city staff. I have heard from last UDC focus -- last time I was in front of you Council wanted me to have some citizen representation and I have made that happen as well. So, we have broadened our group a little bit, although we have shrunk, we still have some new individuals as well, but, again, I -- about every six months I go ahead and we keep track of some code changes and, then, as we develop these changes and draft some proposed language. I go ahead and send out a meeting invite to this focus group and we have a series of meetings and we sit down and discuss what we want on the docket. We also open it up to the group for them to provide any -- share any changes they would like to see. So, it's not only staff initiated, but we also encourage them to bring things forward and also we meet with all of you, Planning and Zoning Commission and City Council, and we are like are there things that you want us to look at in the upcoming year? So, it's kind of a hodgepodge. It's well thought -- I think it's a well oiled machine. We have been doing it for, like I said, several years now and I think it's important, because, again, when we are changing code it's serious, it's not -- it's not just one piece of property we are affecting, we are affecting the entire city when we make these changes. So, I know city staff takes it very serious and I know the stakeholders do, too. And so anytime that we are in front of you proposing these changes I want the Council to feel confident that we have vetted these things, we have looked at these things and although we may not always get consensus on things, again, it's city staff's job to really make sure that we are looking out for the best interest of the citizens and the city. So, keeping that in context, what I typically do is we meet with the group, we vet these in, we make changes, we circulate these changes to the focus group and, then, it comes back and, then, I schedule it for hearing. So, this particular project was in front of the Planning and Zoning Commission on June 20. So, it has been in play for quite some time and so, again, I looked at the public record this evening, no public comment on this application, which is interesting, because usually we do get some citizens that -- that do want to participate and give you feedback on it. So, I look at that as a positive thing. I think whenever I come forward with changes and I don't see anyone commenting, I think we probably got it right or close to it, but like anything codes can change and I'm here looking for feedback from the Council and also anyone that's participating in tonight's hearing. So, like anything, when we come with code changes, again, we kind of give you what -- what section of code we are changing and the reason for the change and we put that in a table format. So, this doesn't have to be a formal meeting. Please feel free to chime in on any questions, any part of the code. I'm not going to go through all the changes on this particular graphic. There is just too many to go through tonight. But I do want to highlight a few things and that's what we try to do, we try to highlight the bigger things or any new code changes that we are bringing forward to you. So, I will go -- with that I will go ahead and get -- get right into tonight's presentation and share some of the heavy changes or at least some of the heavy lifts this year that I think should be some new additions to the City of Meridian and, again, a lot of it is based from either our stakeholders, you, as public officials or even just business owners that want to establish a certain business, but maybe the code doesn't align with what they want to do. So, really, a couple new ones for you to look at on this Meridian City Council August 13,2024 Page 17 of 46 first page. A really definition section. So, I don't know -- Council's aware of this, but a lot of times parking always is an issue for the City of Meridian. We are very proud of that, our parking ratios, and so as you know as homes become -- increasingly get more and more expensive, it's harder to make them more and more attainable for people and so some -- what we are -- a lot of times what we are seeing from home builders is they are coming in with a two bedroom home with maybe an office or a flex space and -- but in our code we don't necessarily have a definition of a bedroom, so we can't -- we can't determine whether or not it's a three bedroom home or two bedroom home or it's left to interpretation and so, again, we have the home builder saying it's two bedroom, we should only have to provide two parking spaces per your code and, then, we have staff saying we see it as a three bedroom, you need to provide four parking spaces. So, what we have tried to do here is add a definition of a bedroom in our code, so that we can reinforce what that is and so, then, when we are looking at home plans we can be supported by the code and also be supported -- supporting our representatives -- our team members in the building department. So, it's a little bit dicey here, but, again, this is something -- this is consistent with the definition in the building code, so it -- we are adding that to our zoning code. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a question. I think it's probably covered already in like the building code or the fire code, but I saw the one means of egress. I just wanted to make sure that somewhere else we are independently requiring like a window or something for someone to escape if there is a fire. Parsons: Yes. Strader: Ora bedroom -- Parsons: That's what that is. Yes. They have to have a certain bedroom -- an egress into the room. So, it would be a certain size window to get in and out. Correct. Strader: Uh-huh. Okay. So, maybe just a general comment. I looked through the changes. I'm kind of still digesting them. I was hoping we would hear feedback from members of the public, but, you are right, I mean sometimes it's a good sign if we don't, Maybe we will hear some tonight. I did kind of just want to add maybe a potential issue that could be a future code change to this list. I don't know when it would be the right time to discuss it, but it came to my attention that there is kind of a gap in allowing home occupation accessory uses when it comes to pools. So, we have had some cases come up -- I don't want to get into any particular cases, but we have had it -- maybe just -- I will talk about it generally without singling anyone out, but we have had a person who is operating a neighborhood pool who has been teaching swimming lessons for decades and there was a code enforcement issue around that and that could not be resolved and that person might have to close their business. I grew up taking, you Meridian City Council August 13,2024 Page 18 of 46 know, neighborhood swimming lessons. I think a lot of kids do. It's very valuable for the community. So, I was kind of hoping maybe staff could take a look at that and try to come up with some solutions around that, you know, similar to how we look at daycares; right? Daycares can be approved by the Council as a permitted use after a public hearing and hearing from everybody. So, I just felt like maybe we could do something around residential pools if they are providing seasonal, you know, swimming lessons. Parsons: Mayor, Council, Council Woman Strader, I think that's a valid point. I will get through my changes and, then, that way at the end of the conversation maybe we can have that and see if there is anything else that the Council wants us to investigate or look at as we transition through the hearing tonight and, then, I will make that list. But, yeah, typically if you give me that feedback, then, I go ahead and update our list so that when we kick off the next round of changes we can vet that through the UDC focus group and add that as one of those items that we can discuss, so -- we always have a running tab of code changes going. I wish there wasn't -- Strader: Mr. Mayor? Parsons: -- I wish it would end at some point, but, unfortunately, it never does. I'm always here every year talking with you about -- yeah, it's -- it's job security for sure. Simison: Council Woman Strader. Strader: Yeah. When it comes to -- to that one specifically, because it -- to me the UDC focus group is helpful in the sense that we have building professionals, we have citizens that are concerned. I think it's good that they are vetting things like this specific instance I'm not sure it would need to go through the UDC focus group. I would just hate for us to lose one or more Meridian businesses, you know, that have been operating successfully while we have the machinery of government take like another six months or a year. It would be great if we could look at that sooner just from my perspective. But, I'm sorry, I didn't mean to interrupt your discussion. Parsons: I'm aware of the issue and I thank you for bringing it up. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: On the definition of a bedroom, curious how closet is defined and curious why that kind of really matters and I'm just thinking I have a -- walk into my house on the right-hand side I have a room that's very much a bedroom. It doesn't have a closet. I don't use it as a bedroom. It's my wife's -- it's our music room. We have pianos and bunch of music instruments, but it could certainly be a bedroom. So, what is our current definition of a bedroom? Or maybe we don't have one, but I want to know like why we would insist on a closet as defined by International Residential Code. If you could just give me some more background on that. Meridian City Council August 13,2024 Page 19 of 46 Parsons: Mayor, Council, so we don't -- the zoning ordinance does not have a definition of a bedroom. This definition aligns with the International Residential Code. So, this is the definition that we worked and took right out of code and the reason why the closet is important is because, again, if a home builder is coming to the city and they want to call it a flex space, but they show these items, are they really going to convert it to a bedroom later and, then, all of a sudden we have a parking issue and, then, someone's going to come to us and say, hey, I bought a three bedroom home and we are going to be like, no, we stamped your plans as a two bedroom home and we don't recognize it as a three bedroom home and we can't approve you as a three bedroom home, because you -- you were -- your builder or your home plan showed this as an office. So, that's why we have to be very specific and the closet is what kind of signifies that that's what you are going to use it for. I have the same -- I have a -- an office in my home, but I did not put a closet in it, I built a desk inside the cubby area where the closet would have been, but I could definitely take that out and convert it back to a closet very easily. There is -- I can't -- you can't create a code to solve all of those issues, but what we can do is try to stop it at the very end and try to make it clear that if this is how you have it, then, remove that from your plan and we can approve you as a two -- two bedroom home versus a three bedroom. That's what we are trying to do with this code change. Taylor: Mr. Mayor, a quick follow up. Simison: Councilman Taylor. Taylor: And I don't have any concern with that. I mean my brother and I just bought a home recently and they advertised sort of a landing space that it was a big -- and it was a hallway, so I get it. That said, I would be -- you know, maybe you don't have the answer for this now. I would be kind of curious to know has that been a big problem in the city as a building -- or a room that says it's a bedroom, it's not, you know, parking, how we have approved that, I would be kind of curious to know if that's -- what kind of an issue that has been. It would seem to me -- and maybe this is more about parking. So, correct me if I'm wrong, but it would seem to me that if someone is advertising a home as having four bedrooms, but really it's three bedrooms with an office space, that's a consumer protection type of issue if you are fraudulently advertising when you are selling a home what it might be. So, I'm wondering -- I think I understand and probably generally agree on being specific here, but I -- I'm having a hard time connecting -- connecting the dots on why it's needed and maybe I would like to hear from the development community, too, on -- on some of that, but I'm just kind of -- this is an exercise, it's the first time I'm engaging with and I'm kind of wondering out loud some of these questions. It just seems strange and I would also like to know why would we -- you know, I'm not familiar with the International Residential Code. Is that something that we use regularly or -- if that's the case that's -- I didn't know that, but -- so, just kind of wondering out loud -- thinking out loud here. Simison: And, Bill, I'm going to pile on top of this one, because it's -- it is unique in this context, because by eliminating our minimum size home standards, which I think is a Meridian City Council August 13,2024 Page 20 of 46 good move, I'm going to go build a 450 square foot tiny home on a piece of property and I have zero bedrooms that qualify, because -- I mean I just look at tiny homes, they don't have 70 square feet of bedroom space that would be defined in our code. So, could they build that home? Can they not build that home? What do you do for parking in a space that doesn't have a defined bedroom, but you know you are going to have people sleeping in a space which is not a defined space. Throwing that out there for additional -- since we are talking -- since this is about a parking issue -- Parsons: It's not necessarily about parking. It's about defining a bedroom. Because, again, in the code we have a definition of a dwelling and it says you have to have sanitation and a place for sleeping, sanitation and living. So, that's what we are going to lean on. Whether they show a one bedroom or studio, we are still going to say you need to do something and we are going to lean on the one bedroom and you are going to do a one-car garage and a parking pad, which is probably going to be bigger than the home, which seems to be counter protective, but as a city that's where we landed on our parking. We would like a lot of parking and until we are willing to say, you know what, let the community dictate the parking -- or the developer do that or let the market drive the parking, we just have high parking ratios in our city and that's the reality and that's why I'm here every year talking to you about parking. But in this particular case, going back to your point, Council Member, is we are starting to get more and more of this and my staff has been coming to me saying I need help, what do I do in these situations, and I'm like you stamp their plan approved as two bedroom. You verify that their application says two bedroom and when you are done approving it that you have approved it for a two bedroom. That's all you can do. You can't predict what's -- how it's going to be used in the future. That's not our role. Our role is does it meet the code and if it does we need to sign the permit and approve it. That's -- that's what our job is. Simison: So, does any -- any dwelling that doesn't have a defined bedroom qualify just only as a studio then? So, if you don't have a -- anything that is defined under here, is a studio your default -- Parsons: Mayor and Council, the only place we define a studio is in our multi-family. We don't have a home -- a single family dwelling -- detached dwelling that's defined as a studio. We do define tiny homes and it's a tiny home on a foundation, so it would be in our new permit and as soon as it gets routed to us, regardless of the size, we are going to analyze it and see if it meets the setbacks, the parking requirements, whatever it may be based on their floor plan and what they are submitting for. They have to tell us that as part of the application submittal. So, I imagine they are going to have a bedroom or sleep -- an area to sleep in. But I don't even think there is an option to say a studio for it, but if it's an accessory dwelling unit, a secondary dwelling unit, then, again, we are going to access the parking based on the bedroom of the addition of the either one bedroom dwelling unit or the parking of the single family home that's currently built on the -- on the site. So, you are -- I see your point there. It does kind of get convoluted a little bit. But, again, it's -- it's not trying to combat an issue, it's just trying to say, hey, we have a code that says this is a bedroom and you need to change your plan. That's all it is. But it does somewhat go back to parking. We just want to make sure that whatever Meridian City Council August 13,2024 Page 21 of 46 we are approving is what they are proposing. If it's a two bedroom home, then, we are just verifying that it meets the standards or parking standards for a two bedroom home or the setbacks or anything else that we would -- because we look at parking pads, too. So, there is a whole mix of things that we look at, it's not just parking. It's setback. Making sure the driveways are wide enough. The setbacks are right. It's deep enough to fit a car. So, it's more than just that. But, again, it's just giving us more code to say we think you are this and we can't approve your permit, unless they prove otherwise or modify their plans. Simison: Bill, you want to go through this actually? Parsons: Eventually, yes. So, the next two definitions are really something that -- know historically this hasn't been too open to, but just opening up to allow food trucks and food truck courts as an allowed use -- a permanent use in this the city of Meridian. This has come up quite a few -- the last couple years we have been seeing more and more of this and I'm sure Council has probably seen more and more food -- food trucks in our communities as well. So, I thought it was time for us to address that. We meant to do it last year and just couldn't get to it, because of the number of changes, but, again, this is the definition that we have come up with and this will align with other sections of code as we transition through the various pages. So, I won't spend a lot of time on this, but what I wanted to make clear to the Council tonight is that a permanent use is completely different than a food truck approved under a temporary use. It's going to be -- it's almost like what we did last year when we did vertically integrated live-work units and home occupations. There is a tiered approach to getting you to what a temporary use is. You need to meet this threshold. If you want to just be a food truck on a permanent site you have to be accessory to a primary business and if you want a food truck court, then, you are developing a site and you are creating the utilities for that and building structures and creating an ambience, if you will, like you see in the larger cities with the -- a shared structure, restroom facilities, maybe out -- outdoor seating area, some parking to go with it. So, again, there is going to be some improvements required with that, but I will put a pin in that topic until we get to the specific use standards, but at least just want to set the foundation for that, so you understand why we added a definition section here and we have worked closely with Emily in legal to make sure that our definition of a food truck aligns with the temporary use standard so there is no conflict or discrepancy between the two codes. We want them to align for sure. So, you can see here another odd change in this particular -- this first page is the Table 282 where we allow manufactured homes. So, there is a state code that requires cities to allow those on residential lots if they can meet all the other residential standards. So, we have a conflict in our code with state code. So, we got to -- it's a clean-up item. We have to -- we have to make sure that we can allow that as part of our community and, then, as -- as the Mayor mentioned, here is the one where we are removing the minimum home sizes from our R-2 and R-4 districts to help with some of that -- some of the conversations Caleb was having with our Housing Task Force. This is kind of step one and, then, there will be other changes probably next year to massage that and allow -- particularly our AUP standards or temporary -- or, essentially, ADU standards. We are going to change that to mimic that, make it a little easier for folks as Meridian City Council August 13,2024 Page 22 of 46 well. These next couple of changes, again, go back to us allowing food truck court and food truck, so, again, you can see here that we are allowing food trucks in all of our commercial districts as allowed uses and, then, food trucks would be an accessory. So, example, I think everyone's aware of Loose Screw Brewery coming into downtown. So, their site plan when they came through the city for their conditional use permit showed a food truck out on one of -- a parking pad in front of their business. Well, the TUP allows them to do that, but it doesn't allow it to remain permanently. So, the food truck would have to come and go and, then, leave at the end of the night. Well, under this scenario if they were to do a CZC they could have a food truck there permanent, because they have a dedicated space, but it would need to be, you know, a nice food truck, integrate with the building and all those things. So, again, I don't want to get in too much into it, because I will later on, but that's kind of the difference here is you can have one food truck, but not multiple. If you have more than one, then, you are a food truck court and you need to do other things. So, again, we are also allowing that in our downtown, our traditional neighborhood districts as well. So, some of the feedback that I have -- I have heard from -- throughout the years. Next item on this list is -- again I try not to bring up parking too much, but recently it came to my attention that industry standards for carports is nine by 18 for a multi-family development and our parking standards are nine by 19, so -- and if they want to increase the size of a carport it's extra money, extra engineering and, really, the intent of the code is to have covered parking, not necessarily meaning -- and it covers the majority of the parking anyway. So, I thought it was best that we clean up code, so we don't have any more discrepancies out there with all the multi-family we have added over the recent years. Next item is -- one is a challenging topic. It's -- it's one that came to me from one of our stakeholders, one of our developers that we work closely with. They have some property that's adjacent to state highways and they said, hey, what do we do when we -- when our -- when our overpass is taller than our -- higher than our property and how do we mitigate for noise moving forward and it's like that's a good point. We -- we don't think about that and in our code I think the Council is aware that we do have alternative compliance to allow for these situations. It's difficult to write code for every situation you are going to run into, but that's why we -- we created alternative compliance to help with that. The other thing that came out of it and not necessarily with the focus group, but more internal with staff is just air quality issues. I think a lot of us understand that when you are adjacent to roadways you are adjacent to high congested traffic areas, particularly Ten Mile now with Ten Mile having a lot of traffic congestion and longer wait times at stop lights. Do we want that -- do we want that type of residential next to these facilities or what standard do we need to get in place to make sure that we combat the air pollution as those residents live next to those types of facilities? It is a philosophical issue. It's hard to fix that with code and I'm respectful of that, but there is -- there are ways and I have done a lot of research on that topic. So, when this topic was approached and we brought it up with the UDC focus group, I think staff's opinion was the easiest way we can handle it was through the tools that we already have, which is alternative compliance. All right. We understand we can't meet full compliance, but there has to be other ways to do it and so that's where staff came up with this particular sentence. When it's not feasible, then, let's do alternative compliance and, then, there is other ways to do that. So, you can either have deeper setbacks, have bigger buffers, have Meridian City Council August 13,2024 Page 23 of 46 roads adjacent to the highway, so you have greater separation. You can design the building with better AC or ventilation systems to filter the air. There is -- there is more -- you can add more landscaping. There is ways to mitigate that based on a lot of the research that I did and so in order -- in order to kind of inspire people to come up with the alternative compliance process, we also provided some graphics to go along with that to help -- just these aren't thou shalts. They are really examples. They are meant to -- hey, these are ways you can achieve mitigation if you have that situation. Planning and Zoning Commission did support that -- that approach. I know in discussions with Laren -- he is in the audience and the group, it's -- they would like more expressed standards. I don't know how to -- I don't know how to do that. I -- if I were to -- in a perfect role I would say -- I would look at McDermott Village, that apartment complex that you did off -- right next to the interchange. Ustick interchange. They actually had the landscape buffer, a road, another landscape buffer and, then, the multi-family. So, they had that separation from the freeway and I know that takes up a lot of real estate and that takes -- that costs developers money and I realize that. But if you were to ask staff to come up with those explicit standards like that, that would be the example that I would look at. I would say orient your open space and your roadway and don't put buildable lots right up against the interchange, pull it back and create that buffer zone, so you don't have that situation. But we know that isn't always the right solution in a perfect world and I recognize that and that's why these graphics that you see here are ways to -- to spur that conversation with that and I realize that sometimes the development community or our applicants get gun shy to come forward with alternative compliance, because sometimes when there is a contested project and there is an alternative compliance it seems misleading to the public that they are trying to get out of something. That alternative compliance is a variance to get out of code compliance. Yes, it is a staff level variance. But, again, it's -- it's a means to do something equal to or better than. It's not a means to get out of code. So, again, I will let you kind of digest that or open up with questions. But, again, this wasn't meant to be -- add anything more difficult to code, it was actually to make it easier or at least allow us to combat that issue and have that discussion and have the -- and try to understand what that may be. Again, alternative compliance is a case-by-case basis and I know if I -- Council drives down Chinden Boulevard, I know if you have seen what happened to some of those subdivisions with the lighting in that road, that's what we are trying to prevent here. This is an entryway corridor and we have to make sure that it's heavily scrutinized. We want a certain amount of landscaping there. We want beautification of our streets in our city and that's the intent and we want to make sure that we don't contribute to that moving forward. But, again, open to having some -- fielding some questions at least on this topic, because I know it's -- it is a big deal and, again, if Council feels like we need to look at this more or vet it more, please, feel free to say pull it off and we can look at it and study it even more and bring it back at a later date. But just at least want to have that conversation with -- tonight, at least get feedback on how you -- how the Council feels on this particular topic. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council August 13,2024 Page 24 of 46 Strader: I'm just curious about if you -- if you looked at it through the lens of like a public health standpoint and I think one of the biggest issues being next to a roadway, like particulate matter, especially for young children it's really bad if they are breathing in a lot of that stuff. Has any other city tackled it from more of a public health perspective and found a recommendation from -- from that viewpoint? I'm just curious. I -- I have never really thought about this in depth. Parsons: I know it is eye opening and it's -- I have read studies and that's why I wanted to get these examples in the UDC, because, again, it's -- it's one to mitigate noise, but it's also, two, the denser landscaping and the -- the -- that is what's going to purify the air. It's going to help with that and it's -- the studies that I read have shown that, but, like I said, it's like -- is that where Meridian wants to go at this time, because we are taking it from a public health safety issue, because we know there is particulate and the tires are kicking up dust, it is -- it's a proven fact. There is a lot of science on it and I'm not an expert on it by any means and I -- I got overwhelmed researching it, to be honest with you, because there is so much data on it -- even from the highway -- the Federal Highway Administration has pamphlets and all kinds of things -- all kinds of studies and you are right, we lean on ITD to do these studies and try to -- and make sure they are looking out for us, but they are in the business of moving cars. They are not in the business of beautifying roadways. All they are going to do is -- if the Fed say with this type of facility you got to put up a block wall or you got to -- or mitigate it this way, it's -- and they can do it many different ways, too. There is not one -- one size fits all. But in my mind when I had seen -- so, the other thing for the Council to consider is when we also approved those residential developments by Owyhee High School, the developer also -- the Council actually required a higher berm and a taller wall. So, it was a 12 foot berm wall combination there, with some dense landscaping. Taylor: Mr. Mayor? Parsons: So, again, just want to at least give you that context and that. Simison: Councilman Taylor. Taylor: Bill, just a quick question on the alternative compliance. So, if I were to understand it correctly, what we currently have alternative compliances and is -- when -- essentially when they can't comply with what we are asking because of -- for various reasons, so we allow them to come up with a way to comply. We are not giving them some guidance? That's currently it; right? That would be how you would describe it? And you are suggesting here is some examples -- not that we want to say how you have to do it, because trying to understand if we are going to allow them to propose alternative compliance, is it just wide open currently -- the current system, is it just wide open to say you give us your plan and what you are suggesting here is here is some guidance, but we are still not being overly prescriptive about how to meet that. Am my understanding and following that correctly? Parsons: Mayor and Council, somewhat. I mean the piece that you are missing here is the alternative compliance section of code and it says -- kind of the purpose of it and the Meridian City Council August 13,2024 Page 25 of 46 findings you have to make for alternative compliance. So, it's not you bring us your proposal and you are good, it's like you said, it's do you meet this criteria to even apply for it, which in this particular case I think it's understandable how you mitigate noise. When it's -- the roadway is higher than your buildable lots. You are not going to mitigate noise, other than -- or there is some -- you are never going to mitigate one hundred percent of it. You are going to manage the noise in this particular situation. But alternative compliance, yes, we meet with the applicants during a pre-application meeting and we say, hey, here is some suggestions you can do, but, you are right, this code is not prescriptive and nor do I want it to be, because, again, you have to look at it on a case-by-case basis on what is the best interest of the city. Does this work? Does it meet the findings where we can support that or not? So, to me if we can give people examples, like you -- like just like when we were in front of you with the staff report, it's like give me more pictures, give me more graphics, give me it bulletized, because I can understand that easier than paragraph -- paragraph of technical review. No one in this room wants to get -- can understand what that means. It's -- so, we have to try to explain it to you in layman's terms and even the public and that's what we are trying to do here. It's like do this or attempt this or look at a combination of these things and, then, propose something and we will let you know if we like it or not. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Following up on what Councilman Taylor was saying -- Bill, on several of these things I'm assuming what -- what I'm interested in is when we see that application come before us, are we saying, then, that the applicant is requesting alternative compliance and this is why? So, what we are giving them is a window of how to do alternative compliance, but we are still going to see that as a request from the applicant on these different projects coming in for us. Parsons: Yeah. Mayor, Members of the Council, absolutely. Yeah. There -- we always -- you know, even though it may be a director's decision, we still like to note it on the agenda, so the public is aware of what -- what's coming before you and we have -- I even have staff say this is a director decision, so try to avoid some of that confusion that we have heard over the years with the alternative compliance request. Well, we have recently last year or last round or the previous round, if you recall, certain alternative requirements -- compliance requests that are concurrent with their CUP. It becomes a Commission's decision. Or if it has an MDA, then, it becomes the CUP, the MDA and the alternative compliance comes to you guys for review and approval. So, you become the decision making body. So, we have even added that extra level of review, just to make sure that people don't misunderstand what it is or that it's somebody trying to get out of code, because that's the last thing that we want to do. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council August 13,2024 Page 26 of 46 Strader: So, Bill, when you were creating these examples for alternative compliance was that based on the studies you read and you felt like this amount of landscaping or berms or whatever accomplished certain things? I'm kind of curious what the principles were that you used. Strader: And, actually you know what, I don't want to take too much time. I would be totally fine after this meeting if you wanted to send me a lot of that information, just so I could kind of understand. It's a very fascinating topic and, to be honest, I have not thought that much about it. I did like that example project that you mentioned, though. felt like it struck the right balance, but it was a bit heavy handed frankly. But it maybe needed to be I think because the dynamic of being right next to the -- right next to the highway, so -- Parsons: So, Council Woman Strader, there is no scientific method to these graphics here. Strader: Okay. Parsons: It's what's currently -- it's taking what code requires and, then, showing you how you can work within that. So, it's, essentially, along a corridor -- or along a state highway we require a 35 foot landscape buffer. So, this is showing you that you could do it with a 35 foot buffer. This way you could do it with a 45 foot buffer. But, really, the only code minimum is the ten foot berm and wall combination and a 35 foot landscape buffer. And, then, the entryway corridor requirements are in the landscape ordinance. Strader: Okay. Parsons: So, again, in this situation when we -- when you try to mitigate noise and even air quality, those standards may not be good enough to do that, so -- Strader: Okay. Parsons: -- that's what I said, it's just done -- all I can tell you is all the scientific studies that I read it says the more landscaping it ends up better. It protects the noise and you clean the air better and it gives you certain separations for that, how to achieve that. But, no, we have not gone to that level here to do that, but I'm certainly happy to send you the information that I researched, along with some of these schematics, you know, so you can blow them up on your screen and kind of read the text a little bit more. But a lot of places will have backage roads or frontage roads, whatever you call them, and, then, separate the homes from state or the freeway or -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Well, that's very helpful if you could. And I think just every time we have ever done code changes it is kind of an iterative process, like I think we have always Meridian City Council August 13,2024 Page 27 of 46 found that sort of rushing through code changes never works out and so I personally would need time to sort of digest -- digest these, kind of ask some more questions to hopefully solicit feedback from, you know, more Meridian residents. Get their feedback. I think it's great, though. It's off to a great start. I think it's creative how you tried to show some examples. The food truck thing clearly was a blind spot that we needed to come up with a solution for, so I think that's awesome. Parsons: All right. Perfect. Well, let's get to those standards and, then, we can get to some more deliberations here. So, I won't go over this next one. It's just a clean-up item. This is an interesting one for the Council is our drive throughs. I think with the pandemic -- it's hard to believe we are still talking about it. It's four years later and we are still talking about it. But we have seen an increase in drive throughs and they can be a good thing and they can be a bad thing sometimes, depending on how quickly you want to get through them and who the user is or who that the business is. But this is one where we did spend quite a bit of time with the stakeholders and we wanted to make sure that got some more express standards and a lot of times the last, you know, couple of years we have had multiple -- you know, just CUPs for drive-throughs over and over and over and so, you know, staff came -- approached us -- what can we do to make some of these things easier for ourselves and so that's what I tried to do. So, looked at other city codes and kind of married up what we had, kind of took my experience with the city, so I think Council is aware a lot of times when annexations come in they will have a concept plan that has drive throughs on it and so it's like aren't we really looking at it or vetting it at that point? Do we really need another level of scrutiny on it if we know that's what they want? So, that's what I tried to do with -- with number one it's really make it clear that, you know, if you have an overall master development, a site plan for a development, like a Ten Mile area, you know, why do we need to go through a CUP if that's already baked into this. As long as we have analyzed that and share that with you as part of the annexation or concept plan, I think we could get there just doing that at a staff level and then -- Cavener: Mr. Mayor? Parsons: Go ahead. Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Bill, when it comes to drive throughs -- and you will have to forgive me, because I don't know -- do we delineate between a drive through at a bank versus a drive through at a coffee shop versus a drive through at a California restaurant; right? Because I mean the uses are really different; right? And I -- I appreciate you bringing this. This is something I really have been thinking about the last few months. Just like we looked at the difference in type of housing, there is a different type of use when it comes to drive throughs and how do we capture that, so that when the public sees there is a restaurant with a drive through proposed, that they have a better understanding as to what the intensity of that drive through can be. Meridian City Council August 13,2024 Page 28 of 46 Parsons: Yeah. Mayor and Council, I can't -- I think we all understand we can't create a code to combat all the other coffee shops or In-N-Outs. I mean it's -- it's just an anomaly in itself and over time those things will fade, because we will add more and more stores in the valley and, hopefully, that traffic will slow down, because there will be other options, not just Meridian. But that's what I tried to do here. So, no, in our code a drive through is a drive through. Any kind of business you conduct within your vehicle is considered a drive through under our code. But if you go down to the very last bullet point of this number six, we do, we tried to say that differently. But it may not be to the -- to the way that the community thinks it's the right number. Again, I took this from the neighbor to the -- to the east, had some very specific standards on their drive throughs and they did define things a little bit different and that's why they said food and beverages you have a little bit more stacking requirements and, then, all others would only be the two -- two vehicles per service. So, that's kind of what spearheaded the -- or that idea. That's where we landed on. Is that the right number? I'm -- I don't know. But for the most part a lot of times when we meet with the applicant we say -- on drive throughs we say, please, tell us how your operation -- how do you operate your drive through, because I know some businesses have people out in the drive through lane taking orders trying to move cars. Some of them have -- pull in these pickup spots and we will walk your food out to you. So, not all drive throughs are created equal and think those business owners -- those operators know their business better than we do, but that's what I'm trying to do here is differentiate between some of those. Because a bank is completely different. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Bill, we look at it differently from a pickup; right? So, I -- my family got pizza this weekend. We went to the pizza place and you hit a little button on your phone and they bring it out to you. That's not a drive through. That's a -- that's a pickup. That's different than driving through a lane and somebody handing us something. We have drive through pizza places here in Meridian, too. Mayor and Council, this is something that I -- I think that the enthusiasm for drive throughs we are going to continue just to see more and more of. People want to conduct more commerce in their car and I think that we have got an opportunity -- we are looking at this. I do think there is a different use between banking in my car and the time that I sit there and the stacking that occurs there versus getting dinner from my family in a drive through and with 40 other vehicles and a bank usage makes sense kind of in a -- you know, in a neighborhood collector. But I -- again, a very popular California restaurant probably doesn't make sense on those same roadways and so I -- I do think that maybe we have got to take a look at this and make sure that we are aligning that -- again, there is a difference between housing products. I do think there is a difference. And there is -- listen we have a difference in in business uses. We may need to challenge ourselves and certainly the UDC committee -- committee, the Planning and Zoning Commission, our staff, to say are we -- are we meeting our community's expectations for when we say it's a drive through that they are going to fully understand what that use is. We have seen in the last five, Meridian City Council August 13,2024 Page 29 of 46 ten years I don't -- I don't think everyone does understand. So, just my two cents on that particular piece. I'm uniquely interested. I know as new locations have popped up, as we have, you know, approved, you know, a fast food restaurant, we have all received e-mails and calls with concerns about that particular business and a lesson in civics, so we don't regulate specific types of business, the use, but there is a different type of use that is coming from drive throughs depending on the type of business. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Is there any other limitation or maximum saturation of the number of drive throughs that can be in one development? Just curious about that, because we -- I'm thinking of -- we have had a couple of projects recently where we had like -- like four being proposed in one parcel and it can become very cumbersome with that many in one place. I don't know. Maybe we will just deal with it case by case. I do agree there may be some differentiation that would be worth looking at. Like there is a great dry cleaner in the Orchard Park that it's a drive through dry cleaner. It's like the most convenient thing I have ever seen and there is no stacking, you know, so -- no one's lining up. It's fine. So, I -- I do feel like there may be a way to put a finer point on it. I appreciate you trying to tackle this one. Parsons: So, Mayor and Council, on that -- on that specific topic, you are correct, there is no limitation on the number of drive throughs on a particular property. That is actually getting removed from this code section. So, it says here before if -- if a drive through's within 300 feet of another drive through, then, they would trigger a CUP, because we wanted to see that site circulation and how they would -- if there were any conflicts that could occur or too many on the site. But when you look at an Orchard Park and even the Costco site, I would argue there is probably too many. It was -- but they seem to be functioning and operating and haven't seen any -- anymore complaints on that, but that was the reason why the code was this way for so many years is because we were -- like the example over on -- where Taco Bell is and the Kentucky Fried Chicken is on Main Street and Meridian Road, yeah, they had conflicts over there until we created this code to have separation between them. But it's -- again, it's based on what I received from the feedback, again, if we -- if we do our job at the front end at the annexation, I think we could probably capture it pretty well. But like you said, if it's a small in-fill and they want three drive throughs on it, it's going to be a little tough. They may not be able to meet -- there is still going to be specific use standards you have to comply with as far as escape lanes and site circulation. You can't stack on public streets. So, we can still analyze those things. But, again, if it's in staff's hands and we are approving it at staff level, the only recourse is to appeal staff's decision and come to City Council. At least with a CUP you can scrutinize things a little bit more, so just add appropriate conditions if -- if need be. So, something to consider. But I will go ahead and transition from this topic. I think I have captured your thoughts and we can deliberate up more on this as well. So, here is the two new specific use standards that will be -- are proposed to be added to code. One you can see here is the food truck court. So, again, this is pretty Meridian City Council August 13,2024 Page 30 of 46 well researched, so looked and saw what other communities did. Kind of looked at our code and kind of blended the two to align with a lot of our similar language. So, you can see here if the food truck court does abut a residential district you are capping the hours at 6:00 to 11:00, which is our noise ordinance. Again, I want to want to make sure that food trucks are, you know, picking up trash. It's clean. It's not just a rundown trailer on the site. You know, we have, again, required to be -- they do require inspection by the central -- central district health department and fire department. So, that was added at the recommendation of both fire and legal. Want to make sure that -- again, they will have to install utility, so they are going to have to have access to power and, you know, gas or anything else they need to operate. Don't want generators running at night and disrupting people. I think they will still -- or whatever it may be. I think all of us have been to an RV park, so we understand what you need -- the hookups and everything you need to run those things. Would like have, again, requirement to have some outdoor seating -- indoor-outdoor seating. So, whether there is a -- some of the examples that I saw where they would have even like a tap room, like a bar inside of it and, then, everyone backs their food trucks up to the covered parking and, then, you could go in and get your drink, but still get food and sit out and recreate. So, I think a good opportunity there to kind of have some -- build a little community -- food truck community in the boundaries of our city and, then, want to make sure there is trash receptacles and waste removal on the site and, then, don't want to have any portable sheds or ports pots ending up on a permanent site and that's what we are trying to avoid here when we say permanent structures or access to restroom facilities, we don't -- you know, it's meant to look -- it's a permanent use, not a temporary use. And, then, a lot of these same things carry over. The interesting part about the food truck and the conversation that I had with the Planning and Zoning Commission was just the parking, the number of parking spaces that I required with this change. So, you can see here, G. two parking spaces for each food truck and they were like why require parking? And it's like a lot of our commercial uses require parking and, again, it's -- the intent here is you have some level of commitment. What if it gets redeveloped or doesn't make it or -- you know, you got to have something in place for -- so, a lot of landscaping and things that were required for commercial development will be required as well. And parking. But at the same time the discussion -- or at Planning and Zoning Commission is what if we are in downtown? You know, we don't have -- what do you do then? So, again, they didn't propose any language or any changes, but they -- they did ask me to kind of look into that a little bit more and I said I would bring it up with all of you. But it's certainly something to consider. A lot of in our code we do allow alternative compliance if you have shared parking. So, that's one way to get -- get around that and, then, in downtown it's a completely different animal. You go to MDC and ask for them to analyze your parking and they can make a recommendation to the director and he can approve it or not approve it. So, again, there is -- there is ways to get there, but at least keep that in mind. I'm kind of curious how the Council feels about us requiring parking for food trucks, but it's not technically a structure. It is a mobile vending unit. But, again, if they built a permanent structure on the site, then, we would apply those commercial standards, which was based on the zoning district. So, again, is that the better way to proceed, then, if there are permanent structures you comply with the commercial parking standards or leave it the way staff has it proposed and see how it Meridian City Council August 13,2024 Page 31 of 46 works -- see where it may fall? See how it impacts maybe future food courts. And, then, the next item, the food truck itself, again, a few minor changes, but probably the bigger noticed -- noted one is we don't want them to lose parking on the site. We want them to have a dedicated space for it on a site plan. We want them to meet the -- work within the hours of operation for the primary business because they are being approved as an accessory use. Again, all the same inspections required. Central district health. Fire department. And, then, they have to have access to the trash enclosure on the site. They can't park in any required landscaping on the property. And, then, really no parking standards, because we are -- we are -- with an accessory we are going to -- they should add parking to allow this type of use. But, again, you can see they are pretty similar, but, overall, I think that the UDC focus group and staff felt pretty comfortable with these -- these changes, like anything -- that particular topic. I won't hit on the last one, because it's just more -- the last item is just clean-up, but it really just -- land on these two topics and see where the -- how the Council feels about them. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A couple questions and some comments. Bill, appreciate you bringing this. So, I want to start first and just reference the example that you started about Loose Screw. It sounds like Loose Screw, right, they are proposing to have a food truck that is permanent and 11.4.3.52 guides that. But towards the end of your description you made a comment that if another food truck showed up -- well, now we have got a food truck court. Are you meaning another permanent food truck showed up? Okay. Because that's the part that I was concerned about is Loose Screw sets up, they got a food truck and -- and now Luke -- Luke's food truck wants to co-op that business, so I bring my food truck over there and now we have created a burden on Loose Screw. So, it doesn't prevent somebody else from being able to set up a food truck and following code as -- as written about that and forcing another business to try and file as a food truck court. Parsons: Mayor and Council, that's the same discussion I had with Planning and Zoning, because they were getting the T -- again, if -- if he wants -- if that business owner wants to have an event there they can file for TUP for an event and have those -- those activities there for the day or whatever the event may be and, then, they go home for the night. It's not permanent. It's approved under a different permit. Cavener: Perfect. And two comments about the food truck court and what is your criteria about that it's -- it's clean. Certainly we all want things to be clean and presentable, but, boy, I have got a teenager. Hey, is your room clean? Yes. Believe that it is. I poke my head and I say, no. It's very subjective. So, how do we -- I always get a little antsy about code that can be more subjective. So, how -- how do we -- how do we manage that and -- and it's in there because we think it's important, so how -- how do you enforce that and what's the criteria? Meridian City Council August 13,2024 Page 32 of 46 Parsons: Yeah. Mayor and Council, there is -- you are right, it's subjective. I think the intent is you don't have food dripping off the sides of it; right? You are sanitary. You are keeping it cleaned up. You don't have trash all around it. You don't have generators and cords going everywhere. You don't have -- whatever you need to operate. It's meant to be orderly and maintained and right appearance. That's -- that's the intent. And no one's going to say, oh, your paint is flaking off of your windows cracked, but, obviously, they should fix those things. Cavener: So, some -- Mr. Mayor? Sorry. Simison: Councilman Cavener. Cavener: Some suggestions might be right is to provide waste receptacles and free, you know, electronic encumbrances that pose a safety issue, something like that. I'm sure the fire department can maybe help with some language. That would just be my -- my suggestion. And, then, my second piece of comment is about the parking requirements and some of these -- some of these make sense and, again, in a residential use you are doing a -- into a food truck court, you know, and kind of more residential. I think parking sometimes is the antithesis of a food truck; right? It's that convenient thing that's right there in front of you. Did you -- did Planning and Zoning have any conversations about maybe a different set of standards within the Old Town region? And does that make more sense to have maybe one set of -- of guidance outside of Old Town and a separate set within Old Town and is that something that was discussed? Was there any input that you want to share with us? Parsons: Yeah. Mayor, Members of the Council, we did. That's something that when we talked about it we said, one, again, it was the parking. Certainly there could be a standard added here that's within the downtown. You don't -- you don't require parking -- or Old Town zone. There is -- parking is required. That's one way to get there, too. And, yeah, that's something that the Commission and I did discuss. But, again, they didn't propose any of that language for changes this evening. But certainly that's within the Council's purview tonight to say that parking wouldn't be allowed if this was established in the Old Town zone. We could wordsmith that or something to that effect. But, yeah, we -- I think even looking at our -- some of our specific use standards that we recently changed, we have kind of required more parking in Old Town, which it wasn't necessarily intense or maybe a good opportunity for us to go back and look at that as well, those other specific use standards. But to your point we want to incentivize business downtown and we all know parking can be a challenge on some of these in-fill pieces and you may not get parking. Simison: Just so I'm clear, so I'm not confusing, we have a food truck court, which is multiple food trucks. We have a food truck, which is at a permanent location and, then, we have food trucks under TUP, which don't have any of these requirements to begin with. So, I think that there is a -- you may want -- you know, you may want parking, because it -- you know, I think about other communities you go to where they technically have food trucks which are replacing buildings. So, do you want them in that location to Meridian City Council August 13,2024 Page 33 of 46 have the same parking standards as other businesses or not? And that's -- that's the question that they are a permanent fixture in our downtown. That would be my question. Are you going to treat them differently or not? Because that's different than someone pulling up on the street and taking over a parking spot for an hour or two hours during the day. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just to kind of follow a little bit on that. The idea with -- what are we calling it, the food truck court. The idea, though, is it's a permanent parking lot essentially for food trucks, but the idea is not that the food truck itself is a permanent facility. It could rotate. It could be a different kind. But we are just creating a specified standardized location that everyone complies with, but it would be rotating. That's the idea here. Right? Simison: Yeah, just add on -- and that's why I think this is actually not necessary for a food truck operator, this is more for a landowner even in a lot of ways more so, which kind of makes some of these questions -- even makes food truck -- going back to the clean appearance. Well, this -- the land -- this is a landowners responsibility I think more so -- or less so than the owner of a food truck responsibility who is coming in and out every day. Taylor: Yeah. I mean it would seem like it's almost like a trailer park in some sense that someone owns the land and someone owns a facility and they can come and go in some regard. But I mean there -- I would think there would be some really good business opportunities for people who provide a food truck court as a way to attract a lot of people. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just an off comment on the parking requirement. As I was just thinking through it, if we didn't have a parking requirement or a food truck court per food truck, could see where we are almost creating a situation that brick and mortar sits in front of us and we require quite a bit of parking from them for a restaurant and we need some level of fairness and what we do in a food court -- food court depending on how big it is, so they provide that same level of service and availability for parking, because if they are not going to provide it, you know, they are going to be dumping somewhere else for that parking request. Simison: It seems like it details back to parking for another day. Meridian City Council August 13,2024 Page 34 of 46 Parsons: So, Council, I don't -- I don't have anything else to add to the discussion tonight. So, if you want to open it up to a public testimony, then, maybe come back to some of these topics certainly we can do that. Thank you. Simison: Okay. Well, with that, since this is a public hearing, do we have anybody from the public that would like to come forward and provide testimony on this item based on what was presented or what they have heard tonight? Like to come forward, please. State your name and address for the record. Chiles: Yes. My name is Kelli Chiles. My address is 1100 West Idaho Street. Mr. Mayor, Members of Council, thank you for having me tonight. I come here to speak in support of the code text changes, specifically the Section 11-4-311, which we have talked about a little already and that is the changes to the conditional use permit requirements as it relates to drive throughs. Thank you. I'm a professional engineer at Kimley Horn, so my colleagues and I deal with projects that would apply to this section of code every day. We believe this is a good change in the code, because it would require less conditional use permits and take a burden off of the planning staff and you guys from having to go through these as much as you need to. We believe that drive throughs -- specifically the code of this -- this -- that we are -- like the best to see changed is that a drive through within 300 feet of another drive through could be changed, because when you have a drive through next to another drive through that those uses kind of already go together. So, having a conditional use permit is kind of redundant. Lastly, the stacking lane and dimensional requirements for the drive through standards that are included in the bottom of that tech section we believe adequately address -- enforce a drive through operator to plan for their drive through operations in a way that won't make their neighbors negatively impacted. So, thank you so much for your time tonight. I'm happy to answer any questions if you have them, but thank you. Simison: Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks for being here. Chiles: Yeah. Cavener: Appreciate your expertise. So, you heard a little of the discussion I had with staff about variety of uses for drive throughs. I'm just curious from a professional capacity what's -- what's your response to something like that? Chiles: So, two things. I would say that the majority of drive through providers that I would work with have much higher standards for their own selves than what any typical code would require. I guess the second part to that would be -- I had something else. Meridian City Council August 13,2024 Page 35 of 46 Cavener: That's okay. Put you on the spot. Chiles: Yeah. No. I guess -- thank you. Simison: And may be to follow up on that component, what in -- in the professional world what is a drive through lane? What -- what kind of -- because we have some drivers that stack around a corner -- of a hard corner on a building. Chiles: Yeah. Simison: The other pre-existing. And, then, also, you know, not all bank makes it, but they have drive throughs and, then, they can get repurposed, like Marcos Pizza in south Meridian or -- Chiles: Yes. Simison: -- other things. Thoughts on having the different standards of drive throughs compared to a building that may not -- that may not be the ultimate purpose long term. Chiles: Yeah. I think it definitely makes sense to have like the five separated from the two for -- for uses, like as a bank. That makes sense that they would have a lot less stacking spaces than -- than something like a McDonald's would, so I think that that makes sense. I don't know that there is specific standards for what constitutes a drive through. I think that's something that we would look for to be defined by a code in any given city. Simison: Do you have any experiences or challenges where you have an existing drive through of one use and someone comes in for a different use and there becomes challenge because there is not an adequate -- that's really where I would go through, something that's inadequate or adequate for one type of use, but won't be adequate for a future use, therefore, the building maybe is hard to repurpose. Chiles: Yeah. I have never seen that specifically, but that's something that we would have to look at when you were going through like an entitlement process or looking at a site for future improvements. Anything else? Simison: Thank you. Chiles: Thank you, guys. Simison: Just out of your curiosity -- and Laren -- come on up, Laren. What -- do we have at that -- like I think of -- it's over there in El Dorado where you just have some hard corners coming in for the Jimmy John's, for example. There is some stacking, but it also goes around the corner. If you have a five and a two, what qualifies? Does it have to be separated? This is just paint on the ground that goes back to hard case. Any guidance? Thoughts? Do we get into that level of detail? Meridian City Council August 13,2024 Page 36 of 46 Parsons: Mayor, Members of the Council, I am familiar with that Jimmy John's. It does wrap around kind of weird. I don't know -- Simison: I don't know if it's intentional, but you -- sometimes you have to, but they actually may -- yeah, they don't have -- I don't think they have the -- I don't use it. My wife goes there, but I don't know where they have the speaker, if it's on the back or if it's on the side. Parsons: I think you order on the app. That's -- that's the thing. A lot of people have apps now. They don't even have speakers and so like going to tonight's discussion is -- yeah. So, in those instances when we have gone through a conditional use, we are like you are not approved for a speaker and if you have a speaker in the future you come back and see the city. That's how detailed we have gotten in these CUPs and it could just make a lot of extra work for all of us that we are trying not to do, but we realize things change. Like you said, the Marcos Pizza, that was a bank and now we have got a pizza place there. But, again, when they come to us we are like you have a drive through, we have to approve them. It's because they have an entitlement for a drive through. But going back to your point, Mayor, it depends on how much stacking they need to provide. So, in this particular scenario if they have an escape lane -- or if they have a stacking lane that's over 150 feet -- or 100 feet, they have to provide an exit lane. So, that's why we were specific that if they have to do that, then, the minimum dimension is going to be ten feet for each lane. So, if they want -- their stacking lane is over 100 feet, one of those lanes has to be ten feet and, then, be able to get out of the drive through has to be the additional ten feet. So, in that case it wouldn't be striped, but it would be 20 feet wide, so that a car could conceivably go around another vehicle and exit if there was an emergency or they forgot their wallet or something. But that was the -- that's why we specifically added that. So, there is no specific requirement as how to -- but in instances -- I'm thinking of Chipotle on Meridian Road where we actually had them change the configuration of the drive out to one way, because of the conflicts of coming off of Meridian Road and turning into that site and we had them reorient the traffic going one way north out of that site, so they would not have that conflict with cars entering. So, those are instances where a conditional use can give you that latitude to require that, whereas maybe when we get to CZC and design review, you know, staff level, it's like meet the code. We got to approve it. So, again, a lot to think about here. But as you just heard, a lot of these standards are consistent throughout the nation for these drive throughs. They really do -- a lot of them say the same thing. Make sure you don't block roads. Make sure you don't block access. Make sure you have -- you know, the window is away from residential. I -- there is nothing new here, I should say, that's different than any other code. It's just trying to define it a little bit better and at least just make it clear that if your site plan shows it on your -- your overall annexation or your big mixed use development or employment area, Just make it staff level. We have already analyzed it through a concept plan. That's -- that's really the goal here, the intent of the change. Simison: I want to take this home, solve it all for us. Meridian City Council August 13,2024 Page 37 of 46 Cavener: Mr. Mayor, Council, hopefully this will be -- Parsons: I'm sorry, Laren, do you want me to pull up your presentation? Bailey: Well, let's just wait, because I don't -- I don't think we need to get to it. So, again, my name is Laren Bailey. My work address is 4824 West Fairview Avenue, Boise, Idaho, and I'm here representing a lot of hats. Unger Management Group, Blackrock Homes, and, then, also I just came from a BCA meeting before this meeting, the Building Contractors Association, and we discussed this in depth and they had a few comments they asked me to pass along as well. I really only have one -- well, I want to start out by saying that I'm also a member on the focus group with Bill and I appreciate -- we all appreciate being allowed to be involved and to put our two cents in and to work towards a common goal and Bill's done a great job with a lot of these issues and a lot of them are difficult and he spends a lot of time researching them and bringing them to the group and, then, we send him in another direction and I'm sure he's frustrated with us. think 99 percent of what you heard tonight is amazing and is ready for prime time. Just got the one issue -- the one area that I think Commissioner Strader talked about a little bit -- or, excuse me, Council Woman Strader talked about a little bit and that is just the 11-3H-1 that we talked about, the highway and the mitigation next to that, the berm, the wall, the plantings. I think Bill has done a great job, but there is two issues we have and I don't want to go into all the details, but I think we just need more time and I'm just asking you to kind of send this back to staff a little bit, let us go through this with them and come to a better conclusion on a few of these items and I think that there is -- there is still a lot of issues with it that need to be resolved. I don't think it's insurmountable. I think it can be done. We just need to work through it. But part of it was -- and, again, I'm not trying to -- Bill's got a lot on his plate. He's doing a lot. But some of this we didn't see until last Wednesday and that's even those cross sections -- I mean those weren't presented at Planning and Zoning. We didn't see those until last Wednesday. So, we don't feel like we have really had time to comment on those. I think that they are close. I think there is some issues that need to be resolved. So, that's all we are asking for is just a little more time to work on that with staff. I think the rest of it's great. I did prepare a PowerPoint if we really want to go in the weeds, but I would rather just give us a little time. We will -- we will get it juiced up and bring it back before you if that works for -- for the Mayor and Council. Simison: Okay. I had a suspicion this was not going to be approved tonight one way or the other, so I think there is time for conversations with Council -- or with the staff to explore items without any issues. Council, any questions specifically on -- Bailey: Thank you. Simison: All right. Is there anybody else that would like to come up this evening? Okay. Cavener: Mr. Mayor? Meridian City Council August 13,2024 Page 38 of 46 Simison: Councilman Cavener. Cavener: A couple just may be other quick comments on 115A-64, just about proof of posting. I know that's kind of a clean-up piece, but it did spark at least a thought for me that I want to just plant for you, Bill and staff, is if we have the ability in our sign posting to include a QR code, so that people can -- when they are -- when they see the sign -- I have had some feedback from some folks that, hey, I see something on Ten Mile or, you know, Highway 55 and I -- I'm driving past, I can't -- I can't pull over, it would be good to know if there is either a way like when I'm at a stoplight I can try and zoom in and -- and snag it, so that I can learn more information about it. Again, not something that I think needs to be included with this next round, but just we will get to some comments here a little bit later about forecasting some of this. But just something that I saw that we had that one, I wanted to at least just pose for you and staff. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think it would be great to -- I would like to hear from fellow Council Members on this, but if there is interest from -- from us as a collective group I think it would be great just to hear a suggestion from planning staff on how to try to tackle this home occupation accessory use issue regarding pools that are being used for swimming lessons in neighborhoods. I just I think it is really going to impact a lot of people to wait to address that. So, if it's possible -- it sounds like this might get continued -- if it's possible to hear from staff on that that would be great. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I agree with -- with Council Member Strader talking earlier tonight and we said, you know what, if I'm a -- if I'm a daycare that does swimming lessons as part of my curriculum, right, that would probably fly under our code. I don't know. I'm not the expert. But there certainly are some intentions and maybe code is getting in the way of what we want. I know we are getting close to kind of -- right -- school starts tomorrow, unofficial end of summer, but I don't want what is written in code to maybe get in the way of how, you know, some individuals have been operating their little side business this summer. So, I don't know if it's something we can bring back with -- if we are going to continue this or if it's something that we have to prolong until the next time you come back, but I hope it would be that if we can find a more simple solution on this sooner rather than later probably. Simison: Would you like to make it this time? Parsons: Mayor and Council, I would. I know I was copied on that e-mail chain last week. My heart goes out to that woman, because certainly, again, we don't know until Meridian City Council August 13,2024 Page 39 of 46 we -- we get the e-mail or the phone call, as you guys know we are complaint driven, we don't go out seeking code violations and my staff said she's a very -- she's a wonderful woman. Very kind. Polite. She just -- she's been doing it for a while and just wants to know what rules she needs to follow and, unfortunately, the rules don't work in her favor currently and that occurs sometimes, but like I mentioned in my opening statement with the Council, this topic was five or six years ago and it was -- at the time city was dealing with a lot of code complaints with people running businesses outside of their home, using those outdoor sheds or doing things in their driveways and bringing -- people were dropping off vehicles get repaired and get their vehicles detailed and we put together a whole group and got all the experts together and we came back with a code change and that group all said that, you know what, we need to keep it inside the home and I certainly want to respect what the Council wants me to do, but I just at least think it's important to know that history of how we got to where we got, because some of you don't know that and weren't part of that and I'm a big believer of that. You know, we got to know where we came from before we go forward and so I just want to at least give you that context and I -- that I -- yes, swim lessons, I like the creativity. Maybe get your daycare license and, then, let the kids swim in your pool. Teach them preschool. Whatever it is, yes, that certainly can fit under that umbrella if they can meet all the requirements she needs to. She will have to get licensed through -- get her fire department inspection. Get her certifications. There is -- there is always going to be something that you have to need to comply with. It's not just going to be, yes, you can do that and move on. We know government isn't that way, unfortunately. It's job security, unfortunately. That's -- we got to -- we got to prevent bad things from happening. As you know sometimes government does that. So, again, yes, I'm willing to at least entertain that and look at that, if that's something that you are passionate about adding to this round, just push me out farther -- or direct me to come back with something different and move these forward. I mean it's -- you have a lot of options this evening. If you want to digest these more you can certainly continue it, digest what we have on the table today, come back in two weeks, close this one out, open the other one and look at home occupations. Or I don't -- if you want staff to study the -- the highway standard some more, you know, vacate that one and move forward with the rest of them if you like those and we at least get that ordinance done and, again, we can -- we did that with the building height discussion we had last year. You asked me to remove that hundred foot height exception from the UDC changes. It's still -- it's parked for now, but certainly we can park these and study them a little bit more, too. So, again, it's really what -- what -- what do you want staff to look at? Again, if you want me to add AUPs, then, push me out a month, I mean give me some time to do some research and -- because I don't want to just open it up to outdoor usage, because, again, you just don't know what you are going to get. Someone can say I want to teach batting lessons in my backyard and they will have five batting cages and pretty soon you are just hearing balls getting hit all night long. It's -- again, I know it seems a little ridiculous, but you would be very surprised -- I have been in those rooms with code enforcement and you would be surprised what -- the creativity some people will come up with and it can be challenging and I feel for -- for our team members that -- that are in code enforcement. It is not an easy -- easy job. Meridian City Council August 13,2024 Page 40 of 46 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I think what -- with regard to your potential CUP perhaps around pool -- you know, pools that teach seasonal swimming lessons specifically in their outdoor pool or something like, I was envisioning something pretty narrowly tailored. You know, think it could assume certain hours of operation similar to a daycare. I kind of look at it a lot like a daycare in a way and I think there should still be some sort of a process for someone who is seeking that approval to do that, to come before us and we can hear from neighbors if neighbors are really concerned that they are going to be impacted. So, I was sort of envisioning a similar kind of a process to what we do with a daycare. I guess the bottom line is from your perspective, though, you feel like in two weeks that's just not enough time to try to tackle -- okay. Yeah. I think with regard to feedback on these, like I need two weeks on these myself just to digest these and kind of ask questions and kind of noodle on them. I would ask that you start working on that issue when you have capacity. Again, I think in a narrowly tailored context I respect the background on the issue and that, you know, we don't necessarily -- we don't want to end up with a big circus, but at the same time, you know, I -- I do think that, you know, freedom for people to make a living is important and -- but this is the one that sort of occurred to me like we should look at -- or something around this type of use specifically. I don't know. That's the feedback I have at this point. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I'm with Council Woman Strader. I would like -- kind of wanted to hear the presentation tonight and kind of digest it, this being the first time I'm tackling this kind of a topic, so I would like a couple weeks to kind of contemplate this. I think with Laren's request that they would like some more time to work with it, I think that would be reasonable as well. A lot of these seem like they make some sense, but it's also the first time I'm kind of grappling with food trucks and size of the bedroom and things like that. So, I would like some time to kind of consider that and think about that a little bit as well. With respect to occupation in the home, I appreciate that history that you provided. I mean I'm a big advocate, too, of allowing people freedom to work out of their homes. I think it's a lot more -- with COVID I think more and more people are looking at doing that. But I do think -- my perspective would be I would -- how do you accommodate a specific type of use, which I like that, but I also would like some uniformity for everyone. I would like to see -- my instinct would be fewer regulations to allow more uses, but have not been in those rooms with code enforcement. I can only imagine some of the stories being heard. So, I'm not particularly opposed to considering a specific use on the circumstance we are discussing, but I would be hesitant to create a specific -- UDC changes for just one small narrow use, without -- because I don't think that's fair to others who may have a similar argument and yet we are not considering those uses. So, I would like to consider that a little bit, too, and that's a longer conversation I think. I Meridian City Council August 13,2024 Page 41 of 46 don't know if that's something we should re -- maybe that's a future topic that, Council, we should consider our -- is our code aligned with -- currently where we are with people having a greater desire to work from home, a greater desire to be creative in how they can earn a living -- I mean five years ago the world was very different in terms of the -- the opportunities you had to work from anywhere and so I actually think it might be something that we dive into as a broader topic and get it all right, as opposed to a specific use. That would be my feedback. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: So, I agree, I think the consensus is we at least want a couple weeks before we take another look at this and I agree with that. I'm going to kind of give you a little flip on the pool incident. I have done law enforcement and for every one person that you have that might say that this is bad and I can't do my use, they might have a hundred complaints that they are dealing with across the city which is one of the reasons why these meetings took place and these solutions had to be found and had to be done in such a way that it only allowed uses inside the house. I'm sure Lieutenant Harper can talk about things more currently than I can, but you -- you really have to be careful we don't create a slippery slope by trying to allow one use in, because you have to set up a set of rules at some point, unless we want to invite Lacy to come in and speak from code enforcements and give you the background and all the things that they see and do in this city and what they try to do to prevent, because while we are talking about one person that lives in that home, we may be talking about the impact and quality of life of lots of people that live around these things that we work to prevent all the time. So, there is a -- there is a flip side to this whole story we need to be aware of as we progress. Simison: And that was one of the -- again, what I was going to suggest is it might make sense to have Lacy or someone from the police department identify what code complaints we are receiving about home occupations as a general update on things. That being said if there was a way to grant -- I'm going to call it a temporary restraining order to allow the work to continue until we go through our process -- and, again, I have no idea about this person. Do they have a heated pool that they do this year around? Do they stop tomorrow when school goes back into session? What are we potentially able to allow for a brief time period while this issue is addressed? Is it a 30 day component for this person? You know, I could be supportive of something limited that's not against the law while we research a larger component, if possible. So, that's at least -- but I do think the comment -- because, yeah, I remember the conversations that people were selling clothing out of their garages, you know, basically permanent -- don't want to call them yard sales, because they -- I think they were off the rack, yeah, type stuff, but they were just coming in, home occupation out of the garage, you know, which, then, gets into what parking because people aren't using their garage for parking, you know. I mean it's -- so, anyways, Mr. Nary, any feedback on my dumb statements? Meridian City Council August 13,2024 Page 42 of 46 Nary: Mr. Mayor, no. No. Those are -- those are spot on. The answer is yes, but -- so, yes, we can work with the -- with the individual and the circumstance that's occurring, but -- but as was stated earlier, code enforcement is all complaint driven. So, there is a complainant that is concerned about how this is being done. So, again, our code enforcement are masters of working with our neighbors and neighborhoods and individuals and we can work on that and we have had the same conversation with planning and internally on how to apply a daycare sort of standard, because as Council has pointed out tonight -- I mean daycares operate similarly. Some have pools. Maybe they aren't doing lessons, but they have pools and they have other uses outside. So, we can thread that needle and I'm sure we can work with code and the complainant, this individual -- again, this being potentially a seasonal activity. This season is going to be over here fairly soon as well. So, I think we can work through it. I think we can come up with a solution with -- with planning and bringing something forward in the code change in the future. But I'm not concerned that we are going to put somebody out of business today. We can work through those issues and come up with a solution that we can work with the complainant and figure this out. Harper: Mr. Mayor? Simison: Lieutenant Harper. Harper: Mayor, Members of Council, are you guys wanting something via e-mail with educating you guys on kind of the complaints we are dealing with home occupancy businesses or you want Lacy to come in because she's definitely the person to share that information. She's very knowledgeable. Simison: Maybe plan on her coming, unless there are -- unless it's like we have gotten one complaint in two years. Maybe -- maybe evaluate it and you could just reach out to -- have her or yourself or someone provide me the information and, then, we can determine what's the appropriate way. Harper: Perfect. Thank you. Simison: So, with that, Council, do we have a time frame that we would like to continue this public hearing? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: While were deliberating I had a chance to connect with the clerk. Mr. Clerk is maybe suggesting September the 10th. So, a little bit longer than two weeks, but with -- we have got a couple of agendas in front of us with some budget deliberations, some other larger applications, and so rather than asking our great staff to come and, then, maybe we continue it because the meeting runs long, let's just plan and plan right. So, Meridian City Council August 13,2024 Page 43 of 46 Mr. Mayor, we can continue deliberation -- I would move that we continue Item 25, the 2024 UDC Text Amendment proposed changes to September 10th. Strader: Second. Simison: Have a motion and a second to continue Item 25 to September 10th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 26. Ordinance No. 24-2056: An Ordinance (Two Mustard Seeds Women's Resale Shop H-2024-0009) for rezone of a parcel of land being a portion of Lot 2, Block 1 of West View Addition to Meridian Subdivision as filed in Book 2 of Plats at Page 68, records of Ada County, Idaho, more particularly described in Exhibit "A," rezoning 0.63 acres of land from the R-8 (Medium-Density Residential) zoning district to the O-T (Old Town) 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: With that we will move on to Item 26, which is Ordinance No. 24-2056 -- and for the record, Councilman Whitlock had technology issues and had to drop off earlier. So, ask the Clerk to read Ordinance No. 24-2056 by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Two Mustard Seeds Women's Resale Shop, H-2024-0009, for rezone of a parcel of land being a portion of Lot 2, Block 1 of West View Addition to Meridian Subdivision as filed in Book 2 of Plats at Page 68, records of Ada County, Idaho, more particularly described in Exhibit "A," rezoning 0.63 acres of land from the R-8 zoning district to the O-T 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 that would like it read in its entirety? Hearing none, do I have a motion? Meridian City Council August 13,2024 Page 44 of 46 Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move we approve Ordinance No. 24-2056. Little Roberts: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2056. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, absent. Simison: All ayes, motion carries, and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 27. Ordinance No. 24-2057: An ordinance (Rosalyn Subdivision — H-2023- 0056) annexing a parcel of land located in the northwest quarter of the southwest quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 0.014 acres of such real property from RUT (Rural Urban Transition) to the R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Next item up is Item 27, which is Ordinance No. 24-2057. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance related to Rosalyn Subdivision, H-2023-0056, annexing a parcel of land located in the northwest quarter of the southwest quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 0.014 acres of such real property from RUT to the R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Meridian City Council August 13,2024 Page 45 of 46 Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Move we approve Ordinance No. 24-2057. Little Roberts: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2057. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, absent. Simison: All ayes, motion carries, and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 28. Ordinance No. 24-2058: An ordinance (Pebblebrook Subdivision — H- 2024-0005) annexing a parcel of land located in the northeast quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 13.94 acres of such real property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Next item up is Item 28, Ordinance No. 24-2058. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Pebblebrook Subdivision, H-2024-0005, annexing a parcel of land located in the northeast quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 13.94 acres of such real property from RUT to the R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies Meridian City Council August 13,2024 Page 46 of 46 of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read its entirety? Seeing none, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Move we approve Ordinance No. 24-2058. Little Roberts: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2058. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, absent. Simison: All ayes, motion carries, and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything more under future meeting topics than we have already discussed? Okay. Do I have a motion to adjourn? Strader: I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it? We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Type text here MAYOR ROBERT E. SIMISON 8-27-2024 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 16, 2024 City Council Work Session Meridian City Council Work Session July 16,2024 Page 10 of 10 Simison: Have a motion and a second to approve Item 4. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION per Idaho Code 74-206(1)(c): To acquire an interest in real property not owned by a public agency. [Action Item] Simison: Next item up -- Cavener: Mr. Mayor? Simison: Council Cavener. Cavener: Move we go into Executive Session pursuant to Idaho Code 74-206(1)(c). Strader: Second. Simison: Have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:55 p.m. to 6:45 p.m.) (Out of Executive Session and adjourn.) MEETING ADJOURNED AT 6.45 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 23, 2024 City Council Work Session Meridian City Council Work Session July 23,2024 Page 14 of 14 Overton: Hether, thank you very much. I mean you are delivering some kind of bad news to the community on some of our important projects that have been either delayed or removed. In particular nature was number 16. We have talked about it -- not just this year, we have talked about it in years past and it's only going to get busier and if I understood you correctly, they have removed the roadway construction project and are only going to be focused on the railroad crossing, but that sits at five years away in 2029; is that correct? Hill: That's correct. Overton: That's disappointing to say the least. Thank you. Simison: I can tell you this, two of them were removed around the square mile I live in, so maybe I did something to piss them off. It's the best -- as good ideas as anything. But, in reality, I met with the director. Obviously costs are escalating, which means they have to make decisions at least in -- in relationship to a couple of those projects. I know there has been some other requests from the city at least putting some temporary signals in the short term to help address issues. They also have some additional items to review. A roundabout to maybe make some changes and improvements and I think that they are -- they might be trying to write up some areas initially, but costs, obviously, are a factor. They are just -- the cost have gone to the point where they can't leave everything in that was programmed and there are some impacts. Okay. Well, we look forward to bringing -- maybe more information and a letter back that in that concept and see where they go from here. Hill- Okay. Thank you. Simison: Council, we reached the end of our agenda. Do I have a motion? Strader: Mr. Mayor, I move that we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 8-13-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 8-13-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: 425 Watertower Commercial Flex Water Main Easement (ESMT-2024-0100) Project Name or Subdivision Name: 425 WATER TOWER COMMERCIAL FLEX ADA COUNTY RECORDER Trent Tripple 2024-044670 BOISE IDAHO Pgs=5 VICTORIA BAILEY 08/14/2024 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE WaterMainarnerst Number: loan*this Easement by sequential number if the prof contains more than one easement of this type.See instructionsicheWist for additional information, For internal Use Ciniy ESMT-2024-0100 Record Number: WATER MAIN EASEMENT IS Easement Agreement made this13th_ day of August 20,24 between 425 Waterto er LL ("C,r of the City ofMeridiari,an Idaho Municipal Corporation("Grantee"); WBEREAS,the Grantor desires to provide a water train right-of-way across the premises and property hereinafter particularly bounded and described, and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and ether good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described Taro (SEE ATTACHED EXHIBITS A.and ) The easement hereby granted is for the purpose ofconstruction and operation of water trains and their allied facilities,together with their maintenance,repair and replacement at the convenience ofthe Grantee,with the free right ofaccess to such facilities at any and all titres,. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY E T D AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance..However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent Mctures or obstructions `thin the easement area that would interfere with Grantee's use of said easement, including,but notlimited to,buildings,.trash enclosures, carports, sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR TO covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of,or lie within.the boundaries of any Water Main basement page I Version 01/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: LL STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on r1A 3 (date) by .TSG.aC w (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of 445 W�fplr-t�klpk-- (name of entity on behalf of whom record was executed), in the following representative capacity: (1/1Ca YKSC� (type of authority such as officer or trustee) Notary Stamp Below .... %, Notary ignature o .• 510N ijj 1210 3Z2D�1 . \s 04 . %,; My C mmission Expires: :o�pTA R y ; :U ow•4 PUBOr' 216 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-13-2024 STATE OF IDAHO, ) : ss. County of Ada ) 8-13-2024 This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 LEGAL DESCRIPTION �N ��_ tm // d� THE Page 1 of 1 �r WE LAND g GROUP July 3, 2024 Project No.: 123171 EXHIBIT"A" 425 WATERTOWER LLC CITY OF MERIDIAN WATER EASEMENT DESCRIPTION An easement located in the Southeast Quarter of the Northwest Quarter of Section 18,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of Parcel A, as shown on Record of Survey No. 14319, Instrument No. 2024-008808 of Ada County Records; Thence South 89°31' 08" West, a distance of 261.86 feet on the Southerly right of way line of East Watertower Street, Meridian to the POINT OF BEGINNING; Thence leaving said right of way line, South 00° 28' 52" East, a distance of 47.44 feet; Thence North 89'31' 08" East, a distance of 88.87 feet; Thence South 00° 28' 52" East, a distance of 20.00 feet; Thence South 89° 31' 08" West, a distance of 145.50 feet; Thence South 00' 28' 52" East, a distance of 122.90 feet; Thence North 89°30' 09" East, a distance of 33.17 feet; Thence South 00' 29' 51" East, a distance of 20.00 feet; Thence South 89' 30' 09" West, a distance of 33.18 feet; Thence South 00° 28' 52" East, a distance of 11.33 feet; Thence South 45° 28' 52" East, a distance of 20.06 feet; Thence South 00° 28' 53" East, a distance of 16.18 feet to a point on the Southerly boundary line of said Parcel A of Record of Survey No. 14319; Thence South 89° 31' 08" West, a distance of 20.00 feet on said southerly boundary line; Thence North 00° 28' 53" West, a distance of 7.89 feet; Thence North 45° 29' 42" West, a distance of 20.07 feet; Thence North 00° 28' 37" West, a distance of 182.51 feet; Thence North 89°31' 08" East, a distance of 56.63 feet; Thence North 00° 28' 52" West, a distance of 47.44 feet to a point on the Southerly right of way line of East Watertower Street; Thence North 89°31' 08" East, a distance of 20.00 feet on said Southerly right of way line to the POINT OF BEGINNING. PREPARED BY: D�p.L LA'V'D' l The Land Group, Inc °>� 5 a '7880 � 7-3-2024 James R. Washburn, PLS .i, 0V WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com EAST WA TER T O WER S TREE T a Line Table — N89°31'08"E — w UJzo LINE BEARING LENGTH o = Q L14 S89°31'08"W 327.91' I — H J C' L1 S00°28'521 47.44' - - IT 27 . . �,0�\4 L2 So28'52T 20.00' PUB NE CORNER . `1 I I r PARCEL A L3 N89°30'09"E 33.17' I ��I I 1 �/�� L4 S00°29'51"E 20.00' I I I L12 J N89 3108"E 88.87' L5 S89°30'09"W 33.18' Ir L6 S00°28'521 11.33' h' L7 S45°28'52"E 20.06' I r J I I S89°31'08"W 145.50' Ls Soo°28'531 16.18' WATER EASEMENT L9 S89°31'08"W 20.00' ±0.20 ACRES (8,733 SQ. FT.) I I L10 N00°28'53"W 7.89' I I I o 1-11 N45°29'42"W 20.07' o I I r1o0 L12 N89°31'08"E 56.63' "No cnril L13 N00°2852"W 47.44' "I I 1 �I IN PARCEL "A" u4 N89°31'08°E z-- I NI Io RCS No. 14319 L,LAX 1 T L3 BLOCK 1 �g HONOR PARK SUBDIVISION No . 2 J E a 7880 W I I r-5 J = � CD7-3-2024 I l O .� 3 3 �9�T�rE OF \9P��� I `�rj O f+ 3 SR.WAS' L10 o L9 TI W _ O CENTRAL VALLEY CORPORATE' PARK No. r ORON yr 0 50' 100' �+ CV .� o Exhibit "B" y oEa Horizontal Scale: 1" = 50, Project No.:123171 1 of 1 Date of Issuance:June 28,2014 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Amity Rd. Storage Water Main Easement No. 2 (ESMT-2024-0104) ADA COUNTY RECORDER Trent Tripple 2024-044657 Project Name or Subdivision Name: BOISE IDAHO Pgs=7 VICTORIA BAILEY 08/14/2024 08:03 AM Amity Storage CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 02 Identify Ihla Easement by sequenllal number If the project contains we Ihan one easement of this type,Sea Insbuctlonslchacldlst for addlllanal Infonnallon, For Internal Use Only ESMT-2024-0104 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 13th day of August 20 24 between Open Door Rentals LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement,including, but not limited to,buildings,trash enclosures, carports, sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Page I Version 01/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and ofno further effect and shall be completely relinquished. THE GRANTOR does hereby covenant.with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: OPe.w t ooe �- STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on fftak (date) by_ ►'ty✓J (name of individual), [complete the following Z signing in a represent trike the following f signing in an individual capacity] on behalf of_Ope✓x-Qr�r Renter l�-C (name of entity on behalf of whom record was executed), in the following representative capacity: M e_rv%brr (type of authority such as officer or trustee) Notary Stamp Below 1 ADAIR KOLTES Notary Signature Notary Public -State of Idaho My Commission Expires:— � Commission Number30052 My Commission Expires 06-05.202E Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-13-2024 STATE OF IDAHO, } ss. County of Ada } This record was acknowledged before me on 8-13-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 EXHIBIT A 5awtooth Land 5urveylnc3, LLC !75— P, (208) 398-8104 F; (208) 398-8105 l.a,d 2030 5, Washington Ave., Emmett, ID 83G i 7 Amity Storage -- City of Meridian Domestic Water Easement BASIS OF BEARINGS for this description is N. 0016'11"E. between an aluminum cap marking the southwest corner of Section 31, and an aluminum cap marking the northwest corner of Section 31, both In T. 3 N., R. 1 E., S.M., Ada County, Idaho. An easement located in Government Lot 1 of Section 31, T. 3 N., R. 1 E., S.M., Ada County, Idaho, more particularly described as follows; COMMENCING at an aluminum cap marking the northwest corner of said Section 31; Thence S. 85052'46" E., 633.14 feet to the POINT OF BEGINNING; Thence N. 89020'31"E., parallel with the north line of said Government Lot 1, a distance of 35.06 feet; Thence S. 40018'02" E., 7.00 feet; Thence S, 003651'W., 27.65 feet, Thence S. 89008'18" E., 15.73 feet; Thence S, 0051'42"W., 20.00 feet; Thence N. 89008'18"W., 15.65 feet; Thence S. 0036'51"W., 19.95 feet; Thence S. 23006'51"W., 9.32 feet; Thence S. 0036'51"W., 521.71 feet; Thence S. 891D26'08" E., 140.00 feet; Thence N. 0041'04" E., 30.60 feet; Thence S. 89018'56"E., 20.00 feet; Thence S. 0041'04"W., 50.56 feet; Thence N. 89026'08"W., 159.98 feet; Thence S. 0036'51"W., 54.80 feet; Thence N. 89022'50"W., 20.00 feet; Thence N. 0036'51"E., 24.20 feet; Thence N. 89022'32"W., 15.45 feet; P;\2018\18121-CITADEL 3 ALTA\Survey\Drawings\Descriptions\18121 cltadet 3 water ease legal,docx Page 11 Thence S. 102643"E., 14.36 feet; Thence S. 88033'17"W., 20,00 feet; Thence N. 102643"W., 15.08 feet; Thence N. 89022'32"W., 7.35 feet; Thence N. 78054'15"W., 192.90 feet, Thence N. 89e2232"W., 31.80 feet; F Thence S. 0037`28"W., 16.05 feet; Thence N. 90000'00"W., 20.00 feet; Thence N. 0037'28"E., 16.27 feet; Thence N. 8902232"W., 189.81 feet, Thence S. 0035'27"W., 131.97 feet; Thence S. 89009'42"E., 4.91 feet; Thence S. 003728"W., 20.00 feet; Thence N. 89009'42"W., 4.90 feet; t Thence S. 0035'27"W., 53.91 feet; Thence N. 89016'22"W., 65.99 feet; Thence N. 004338"E., 20.77 feet; Thence S. 89016'22"E., 45.94 feet; Thence N. 0035'27"E., 205.08 feet; Thence S. 89e2232"E., 263.45 feet; Thence S. 78054'15"E., 192.90 feet; Thence S. 8902232"E., 40.98 feet; Thence N. 0036'51"E., 297.87 feet, Thence N. 89022'20"W., 113.80 feet; Thence S. 0014'51"W., 24.27 feet; Thence N. 89045'09"W., 20.00 feet; Thence N. 0014'51"E., 24.40 feet; Thence N. 89022'20"W., 336.53 feet; P:\2018\18121-CITADEL 3 ALTA\Survey\Drawings\Descrlptlons\18121 citadel 3 water ease legal.docx Page 12 Thence S. 0010'48"W., 12.20 feet,- Thence N. 89445'09"W., 20.00 feeQ Thence N. O013'19"E., 32.34 feet; Thence S. 89022'20"E., 490.46 feet; Thence N. 0036'51"E., 238.41 feet; Thence N. 21007'29"W., 9.27 feet; Thence N. 0036'51"E., 53.55 feet, Thence N. 40018'02"W., 19.30 feet to the POINT OF BEGINNING. The above described easement contalns 1.023 acres, more or less. Co v � 1 74 PA2018\18121-CITADEL 3 ALTA\Survey\Drawings\Descriptions\18121 citadel 3 water ease legal.docx Page (3 EXHIBIT B 25 30 E.AMITY RQ. N 69°2031"E 1179.48' --- --- --- --- POB W1116 3631 "- -� -,_ 1A23 ACI- Lt L 11 � f1 1 157 �� 1 J 5/7/24 i I 4 wf 9 ,.OF 1 Q 1 BE sn 3 I W 2 f M If rl at a' I NTS r--------- ---- -- - - -----------------' 1 L34 N 89 W°2230 336.53' N 89021�0"W L31 113.80' 1 ! tn w ' o t 1 ; L10 w , S 89°2232"E 263.45' f l 140.00' f 1 i r------------------_ _ 578`Sq.." I I S89°26`0$"E !�1 1 ' I _ L20 !S E 192, f �______ ____3 °a'i N 89°?2'3Z"W 189.82' jy'18;S-g�15N 92.W~-i19 L13� N 69°Z65p8"W 159.98' of ! obi f 19 1 L13 L16 $� 1IL24 LIE TABLE LINE M LE LINE BEARING DISTANGF I E I BEARING 0STANCE ! zj fl LI N8 020 1°E 35.06 0 P N8 32" 1. 1 56 LZ S 018 2"E X 1 93728" 1 .05' L28 1 I�--�''`'5 00°35`27"W U S °3 5 2T. S 122 °Q000 20 00' I 53.91' L4 S B9° 18 E 15:73 37'18'E 16 Z L5 2&001 S ° 42"E 49 N 89°16'22"W 6 1565, ig-S 0093728, 65.99' L7 S 00? 1 .95 42'W 4. L8 S ° 51"W 9.32' 7 009 3:38"E 0 L9 N 00 41 E 30,60 L28- 589°1 22"E 45,94 UO S•8918 0 L29 S89°22 2'E 4098 36 t3l E.LAKE U4ZEL RD. L11 S 00941 50,56, L30 S 0001 1 24,27 1 6 L12 SD0° 51- W 8 L31 89945 0.00 L13 N 20.°2250" 00 L32 0001 'S E 24.40 4 ° 6S1'E 24,20 L3 S00°10 11 LJ5 N89022 2" 15. S L34 °45 " 20 S 1° E 14,3 5 O9°131 'E 3 4 S88° `I7" 20.00 6 1P0.Z9" 9 8 N O °26 3 W I509 7 N °3 'E .55, 89°22 2'W 7.35. L3B N40°18 2" 1 ,30 PROJECT: OWNE91DEVELOPER: 2030 S. WASHINGTOIV AVE. DWG# WATER NO.3 EASEMENT EMMETT,ID 83617 18121-IX GOVERNMENT GOT 1 CONGER P: (208)398-8104 PRO)ECM SECTION 31,T.3 N.,R.1 E.,S.M., 11" P (208)398-8105 18121 ADA COUNTY,IDAHO YY 0(9r SHEET DATE! 512022 1 Lo�Surv�y/�,LLG WMSAWTOOTHUCOM z OF2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Bank of America: Village at Meridian Partial Release of Sanitary Sewer and Water Main Easement (ESMT-2024-0102) ADA COUNTY RECORDER Trent Tripple 2024-044669 Bank of America: Village at Meridian BOISE IDAHO Pgs=3 ANGIE STEELE 08/14/2024 08:06 AM ESMT-2024-0102 CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: Sewer/Water easement release GRANTEE: CITY OF MERIDIAN GRANTORS: Meridian CentralCal, LLC, INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated August 7 , 2012 and recorded as Instrument Number 112079721 in the land 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("the Easement"),upon the real property legally described therein. WHEREAS,the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B,attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 13th day of_August, 2024. CITY OF MERIDIAN o rt E. Si ison Mayor 8-13-2024 d \ Att y r ohns`` ,,'.._ `Clerk 8-13-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on _8-13-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Cha&ycWM Notary Signature CHARLENE WAY My Commission Expire 3-28-2028_ COMMISSION No. 67390 NOTARY PUBLIC version 01/01/2020 STATE OF IDAHO `� LEGAL DESCRIPTION 0 �►� T H E Page 1 of 1 ! r LAN D GROUP July 24, 2024 Project No.: 123159 SEWER/WATER EASEMENT RELEASE BANK of AMERICA at the VILLAGE MERIDIAN CENTERCAL OWNER, LLC A portion of an existing sewer and water easement, recorded as Instrument No. 112079721, Ada County records, located in a portion of Lot 8, Block 2 of CenterCal Subdivision, recorded in Book 104 of Plats at Page 14163, Ada County records, situate in the Southeast Quarter of the Southwest Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the South Quarter Corner of said Section 4, (from which point the Southwest Corner of said Section 4 bears North 89° 22' 57" West, 2659.51 feet distant); thence on the south section line of said Section 4, North 89' 22' 57" West, 696.78 feet; thence leaving said south section line, North 00' 37' 03" East, 169.79 feet, to a point on said existing sewer and water easement, recorded as Instrument No. 112079721, Ada County records, AND the POINT OF BEGINNING: Thence on said existing sewer and water easement, North 89° 36' 40" West, 7.68 feet; Thence North 47' 36' 40" West, 89.47 feet; Thence North 42' 23' 20" East, 20.00 feet; Thence South 47° 36' 40" East, 81.79 feet; Thence South 00' 23' 20" West, 20.00 feet to the POINT OF BEGINNING. The above-described easement release contains 1789 Ftz (0.041 Acres) more or less. Prepared by: The Land Group, Inc. �o,�NL LA Michael S. Femenia, PLS a 5 OF 4 S 07/2�1202� 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Easment Release for City of Meridian Situate in the SE 1/4 of the SW 1/4 of Section 4 Township 4 North, Range 1 East, Boise Meridian City of Meridian,Ada County, Idaho I N 2024 °' 00 --------------------------------- M s�,a I co u'6 0 Vol, I N LOT 8, BLOCK 2 6O CENTERCAL SUBDIVISION /may BOOK 104, PAGE 14164 89 i J EASEMENT i CO i RELEASE AREA L1 ! I C) 0.041 Acres± PUB J I z of p (1789 FT2) V Line Table ¢zl LINE BEARING LENGTH awl L1 N8913614011W 7.68, L2 114202312011E 20.00, I J S4710212911W L3 Soo°2312011W 20.00' — 46.401—"-�/ AL L — — — — — — — N89°3610911W 218.56, — — I �g�Ol�WE o SG�, rnl • a 55 w s m I ATE OF 4 S CD E. FAIRVIEW AVENUE CD 3 SW CDR. SEC.4 S1/4 SEC. 4 1962.73' _1 696.78' N89122157"W 2659.51, 3 Exhibit rrBrr o 40' 80' Horizontal Scale: 1" = 40' 123159 - Date of Issuance:July 24,2024 % THE Sewer/Water Easement ReleaseTM LAND City of MeridianTM o E GROUP Bank of America E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Blue Horizon Flex Water Main Easement (ESMT-2024-0101) ADA COUNTY RECORDER Trent Tripple 2024-044658 Projed Narna or Subdivislorime, BOISE IDAHO Pgs=6 ANGIE STEELE 08/14/2024 08:03 AM ENuelion' n as CITY OF MERIDIAN, IDAHO NO FEE w n i For Intem l Use OnlyESMT-2024-0101 Nw6. rt WA T. AI THIS- Easement AgMeMent made this l3th day of ; August 2024 n e .. an e ;tLC _ _ ri®)an the City o di Id o Municipal Cb tion("G ntW)' the for ices to provide sin t=ol a premises property hereihafter particularlybounded and described;and: WHEREAS e water main is t rovi for under o ieli coistifticted by others;and . WI*RW, will necessary to-mairiblim and service said piriefines fi6m time to time ylt e Grantee; O THEREFORE,i consideration ofthe benefits to eiv G tor, o erg 6 - unto a Grantee the ri ht- --' le consideration, e r hereby give tconvey of-way,for an easement for the operation-and maintenance of water.mains over and acrws the fol .bedproperty . (SEE ATTACHED EXIMBITS A and B) III: t hereby. is for e p se ofcons ction operation of water mains and(heir alliedfacilities,together with their maintenance,repair and replacement atthe convenience of the . . ' Grantee,with the fIve right ofaccess to such facilities atany and all times: 1TO HAVEOLD, the said easement:And right-of-way,unto the said .its f . successors and assigns forever: LYUNDERSTOOD AND AGREED,by and ies hereto;do after , perfmining other maintenance, Grantee shall restore the area of the easement and, adjacent property to that existent prior to un ini 'such repairs and maintenance;However,- Giankle shall:not be reqviisible for repairing, replacing or`restoring-anything placed within the area therein violation ofthis easement. :17M�GRANTOW coknaiiits and agrees that Grantor shall not place or allow to be`:plat any ' penmowt stnictuz= or .o within, the .easement area that-would interfere with ' OmntWs use of said calsenvat,including,but-not limit. to,buildings;trash enclosures; carports, sheds;fates,trees,or dapvoted shrubs. t should any _d of the right® f y and shall becouit part of or lie within the boundaries of any Water 1 - ' Version 01101/2024 public street, then, to such extent, such right of way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: l�a�ag,t✓ Scavt S ATE OF IDAHO ) ss County ofAda ) This record was acknowledged before me on_�/dS/o7 f( date by ;�� /�, ✓���,�.�-U�� (name of individual), [complete the following signing in a represe-�tative,r��apacity, or tke the following f signing in an individual capacity] on behalf of f�U�,''Q 4T-1-'!� 4_ Y_`k L-C (name of entity on behalf of whom record was executed), in the following repYesentative capacity:_ (type of authority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: TARA M CLIFFORD Commission #19071 Notary Public State of Idaho INV Commission Expires 06/18/2028 Water Main A% Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-13-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-13-2024 date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G July 3,2024 Project No.23-226 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement in a portion of Lot 14,Block 2 of Gramercy Subdivision No.1(Book 99 of Plats,Pages 12619-12622),situated in the Northwest 1/4 of the Northeast 1/4 of Section 20,Township 3 North, Range 1 East,Boise Meridian, City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found 1/2-inch rebar marking the Southwest corner of said Lot 14,which bears S00°13'58"E a distance of 242.37 feet from a found 1/2-inch rebar marking the Northwest corner of said Lot 14; Thence following the southerly line of said Lot 14,S89°36'56"E a distance of 84.00 feet to an existing City of Meridian Sewer of Water easement per said Gramercy Subdivision No. 1; Thence leaving said southerly line and following said existing easement,N00°22'52"E a distance of 13.67 feet to the POINT OF BEGINNING. Thence following said existing easement the following three(3)courses: 1. N00°22'52"E a distance of 10.33 feet; 2. N89°36'56"W a distance of 20.00 feet; 3. S00°22'52"W a distance of 10.33 feet; Thence leaving said existing easement,N89°36'56"W a distance of 26.50 feet to an existing City of Meridian Sewer of Water easement per said Gramercy Subdivision No.1; Thence following said existing easement the following two(2)courses: 1. N00°23'01"E a distance of 6.33 feet; 2. N89°36'56"W a distance of 20.00 feet; Thence leaving said existing easement, N00°23'04"E a distance of 13.67 feet; Thence S89°36'56"E a distance of 81.94 feet; Thence N00°23'04"E a distance of 3.17 feet; Thence S89°36'56"E a distance of 24.50 feet; Thence S00°23'04"W a distance of 23.17 feet; Thence N89°36'56"W a distance of 39.94 feet to the POINT OF BEGINNING. Said parcel contains 1,873 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \o pt L A Mp S r E N S�C10 G 06 �o qTF 0 F SOP t H Y NSO' '4/ 2o2q 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com NORTHWEST CORNER LOT 14 Ln 0 Lot 14, Block 2 Gramercy Subdivision No. 1 CD to Z_ci 0'-N N00'23'04"E S89'36'56"E mw S89'36'56"E 81.94' 3.17'CO — — ° __ __ ———— ———— —— ———— ° 24.50' op N00'23' __04"E co`2 11�13.67' ( o ao S00'22'52"W N89'36'56"W M N MV) 89 10.33' 47 T.— N00'22'52'E 20.00 -o 36rN00'23'016 10.33 I � ° — ———— - ----- ---- N89'36'56"W 250' N89'36'56"W 39.94' POINT OF BEGINNING IN*.,,_NOO'22'52"E S89'36'56"E 84.00' 13.67' E. Blue Horizon Dr. POINT OF COMMENCEMENT SOUTHWEST CORNER LOT 14 X O LEGEND 0 o O FOUND 1/2" REBAR 3 CALCULATED POINT 0 0 BOUNDARY LINE m —— — — ——---- PROPOSED EASEMENT TTJ�TT �; CITY OF MERIDIAN SEWER GMERRBVNoCESUDIS N 1 m 3 0 N M N F- Z w N a 3lam 0 20 40 60 m a Plan Scale: 1" = 20' N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY w BOISE,IDAHO 63713 PHONE(208)639-6939 Exhibit B w kmengllp.com City of Meridian Water Easement c DATE: July 2024 PROJECT: 23-226 SHEET: A portion of Lot 14, Block 2 of Gramercy Subdivision No. 1, situated in the NW 1/4 of the NE 1/4 of Section 20,T3N. R1E., B.M., City of Meridian, Ada County, Idaho a 1 OF 1 - 24.50 81.94 s89°36'56"e s89136156"c c n o M � o n8CD 9°36'S6"w V: 20.00 n89°36'S6"w - � 0 20.00 n89°36'56"w n89°36'56"w 26.50 39.94 Title: Date: 07-03-2024 Scale: 1 inch=20 feet File: Tract 1: 0.043 Acres: 1873 Sq Feet:Closure=s89.3657e 0.00 Feet: Precision>1/999999: Perimeter=280 Feet 001=n00.2252e 10.33 006=n89.3656w 20.00 011=s00.2304w 23.17 002=n89.3656w 20.00 007=n00.2304e 13.67 012=n89.3656w 39.94 003=s00.2252w 10.33 008=s89.3656e 81.94 004=n89.3656w 26.50 009=n00.2304e 3.17 005=n00.2301e 6.33 010=s89.3656e 24.50 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Franklin Industrial Sanitary Sewer and Water Main Easement No. 1 (ESMT- 2024-0066) ADA COUNTY RECORDER Trent Tripple 2024-044660 BOISE IDAHO Pgs=8 VICTORIA BAILEY 08/14/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision):, Franklin Industrial Sanitary Sewer&Water Main Easement Number: 1 One Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2024-0066 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 13th day of August 2024 between Franklin Storage LLf, an Idaho limited liability compan ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: FRANKLIN STORAGE LLC %%011%stool of -tia 46o, o ' J�. 7 - Greg Ferney, M ger O STATE OF ID _ _ ss County of Ada ) his record was acknowledged before me on11311!7 0 date by (`1rpa �o�nA ►J _ (name of individual), [complete the following tf signing In a representative capacity, or strike the following if signing in an individual capacity] on behalf of ' U4, (name of entity on behalf of whom record was executed), in the following rep esentative capacity: mom;, ,■;n r (type of authority such as officer or trustee) (stamp) ota re My . )mmission Expires-— Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-13-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on _8-12-2024(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires:3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A [Exhibit commences on following page.] Exhibit "A" City of Meridian Sanitary Sewer & Water Easement Description No.1 For 4160 East Lanark Street The following Describes a Parcel of Land for the Purpose of a Sanitary Sewer&Water Easement being a portion of the Southeast 114 of Section 9, Township 3 North., Range.1 East., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southeast Corner of said Section 9; From which, the South 114 Corner of said Section 9 bears, North 89120'44" West, 2,702.61 feet; Thence along the Southerly Boundary Line of the Southeast 114 of said Section 9, North 89°20'44" West, 2062.91 feet to a point on the Prolongation of the Westerly Boundary Line of a Certain Parcel of Land as Described in Warranty Deed Instrument No. 2020-009106, Records of Ada County, Idaho. Thence leaving said Southerly Boundary Line, and along the Westerly Boundary Line and its Prolongation of said Certain Parcel of Land, North 00°34'57" East, 42.00 feet to the Northerly Right of Way Line of West Franklin Road; Thence continuing along said Westerly Boundary Line, North 00°34'57" East, 586.69 feet; Thence, South 88°27'59" East, 148.18 feet to the POINT OF BEGINNING: Thence, South 01°32'01" West, 20.00 feet; Thence, South 88027'59" East, 30.00 feet; Thence, North 01°32'01" East, 20.00 feet; Thence, North 88°27'59" West, 30.00 feet to the POINT OF BEGINNING: The above described Parcel of Land Contains 0.01 acres (600 Sq. Ft.j more or less. �r3/zzP � � EXHIBIT B [Exhibit commences on following page.] 1 I I N , Scale: 1"=60' 0 10 30 60 120 1 4 I E. Lanark St. Point of I Beginning S88'27'59"E 148.18' L2'Ll l; Line Table , I ' Line Bearing Length I I_1 S01'32'01"W 20.00' i ,+ L2 S88'27'59"E 30.00' I I I I L3 N01'32'01"E 20.00' I I I L4 N88'27'59"W 30.00' v ' I L—gend- c0 I OCv c, ,°�01 Q Found Aluminum Cap 3 11, w I Calculated Point � Cp In� 1 v M Platted Lot Number I I O ��pNAt LA NOs a c zi Right-of-Way Line W - - - Section Line I c Q � Property Boundary Line ' � � Centerline ����F OF \0O�Q Lot/Parcel Line of Record ' E H • r// /// // Z ACHO Permanent Easement 4160 E. Lanark St. Parcel No.S 1109438871 i ,d of Warranty Deed Inst. Q14 No.2020-009106 vl --N00'34'57"E - _------------� c� i :.--42.00' V -- 8� - 639.70' 2062 A _ _ _ - �,� a_ _ .9i'_ _ _ ^ 9 10 e N89'20'44"W 2702.61' 76 15 P;\4160 E-st Lawk Sheet 24-1c5';-1w;'.'t�-'OS Sewer&Wote,Eoaement No 14.9 4-10-24 Basis of Bearings IDAHO Exhibit "B" 2a ios 9955 W.EMERALDST City of Meridian Sewer & Water Easement No.1 SURVEY BO(208)ISE 846-857DIDAHO 3704 For 4160 East Lanark Street Sheet 1 Na. 6-8570 GROUP, LLC Located In the SE1/4 of Section 9, Dwg. Date T.3N., RAE., B.M., City of Meridian, Ada County, Idaho. 5/3/2024 30 n88"27'59'w 3 0 o" m N c7 O O � N � 9 C s88°27'59"e 30 s�3iz�10 Of W City of Meridian Sewer & Water Easement Description 5/3/2024 Scale: 1 inch= 4 feet File: Sewer & Water Easement No.l.ndp Tract 1; 0.0138 Acres(600 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999), Perimeter100 ft 01 s01.3201w 20 02 s88.2759e 30 03 n01.3201 a 20 04 n88.2759w 30 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Franklin Industrial Sanitary Sewer and Water Main Easement No. 2 (ESMT- 2024-0067) ADA COUNTY RECORDER Trent Tripple 2024-044659 BOISE IDAHO Pgs=8 VICTORIA BAILEY 08/14/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision):, Franklin Industrial Sanitary Sewer&Water Main Easement Number: 2 Two Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2024-0067 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 13th day August 24 between Franklin Storage LLC, an Idaho limited liability company ("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR.: FRANKLIN STORAGE LLC 3j 10 t[l�o�S' �• Greg Ferney, M ger STATE OFID ss County of Ada } his record was acknowledged before me on 4a (date) by f g �Qfi e (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of ' LC - (name of entity on behalf of whom record was executed), in the following rep esentative capacity: (type of authority such as officer or trustee) (stamp) ota re My mi nission Expires. f Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-13-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on _8-13-2024 (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 My Commission Expires: 3-28-2028_ Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A [Exhibit commences on following page.] Exhibit "A" City of Meridian Sanitary Sewer& Water Easement Description No.2 For 4160 East Lanark Street The following Describes a Parcel of Land for the Purpose of a Sanitary Sewer& Water Easement being a portion of the Southeast 114 of Section 9, Township 3 North., Range.1 East., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southeast Corner of said Section 9; From which, the South 114 Corner of said Section 9 bears, North 89°20'44" West, 2,702.61 feet; Thence along the Southerly Boundary Line of the Southeast 114 of said Section 9, North 89120'44" West, 2062.91 feet to a point on the Prolongation of the Westerly Boundary Line of a Certain Parcel of Land as Described in Warranty Deed Instrument No. 2020-009106, Records of Ada County, Idaho. Thence leaving said Southerly Boundary Line, and along the Westerly Boundary Line and its Prolongation of said Certain Parcel of Land, North 00034'57" East, 42.00 feet to the Northerly Right of Way Line of West Franklin Road; Thence continuing along said Westerly Boundary Line, North 00034'57" East, 651.70 feet; Thence, South 88°27'59" East, 97.56 feet to the POINT OF BEGINNING: Thence, North 01°32'01" East, 24.00 feet; Thence, South 88°27'59" East, 30.00 feet; Thence, South 01 032'01" West, 24.00 feet; Thence, North 88°27'59" West, 30.00 feet to the POINT OF BEGINNING: The above described Parcel of Land Contains 0.01 acres (600 Sq. Ft.j more or less. 5J3/ 8251 4F I'D K .' EXHIBIT B [Exhibit commences on following page.] i 1 1 I N ' Scale: 1"=60' I 1 010 30 60 120 f L6 i 4 S88'27'59"E 97,36' Point of L8 E. Lanark-St. I Beginning I I I � I i I1 I ,I ' Line Table ; 1 I 1 Line Bearing Length 1 L5 N01'32'01"E 24.00' Ii I L6 S88'27'59"E 30.00' + I i IL7 S01'32'01"W 24.00' i oCOL$ N88'27'59"W 30.00' I Q I Legend O b, U) Found Aluminum Cap a UjCalculated Point Platted Lot Number ; I y�OZ1P� �aNQs Right-of-Way Line 1 �y v�GEN$FO GAG �'� z Section Line 'T 1 a Q C I —-- --— Property Boundary Line V J� + - - Centerline .00 F OF �� �` I - — — — - Lot/Parcel Line of Record f' F iH • �O i ram, �i�i�IIZI ACHD Permanent Easement ; + i 4160 E. Lanark St. Parcel No.S1109438871 i pj Warranty Deed Inst. a No.2020-009106 ro N 00'34'57"E N - 42.00' V 9 639.70' 2QE gI� - 0- - 9 10 - - • 6 - N89'20'44"W 2702.61' P:\4160 East Lanark Street 24-105\Owq\24-105 Sewer h Water Easement No.24w9 4-18-24 Basis of Bearings IDAHO Exhibit "B" Job a4 o°s 9955 W.EMERALD ST City of Meridian Sewer & Water Easement No.2 SURVEY 801 SE,IDAHO83704 Sheet No. ,2ae,�.6857o For 4160 East Lanark Street 1 GROUP, LLC Located in the SE1/4 of Section 9, Dwg. Date T.3N.. RAE., B.M., City of Meridian, Ada County, Idaho. 5/3/2024 s88°27'59"e 30 v o � C+ N M C Q y 30 n88`2/'59"w City of Meridian Sewer & Water Easement No-2 gut 1-- /3/2024 Scale: 1 inch= 4 feet File: Sewer & Water Easement No.2.ndp Tract 1:0.0165 Acres(720 Sq.Feet),Closure:n00.0000e 0.00 ft_(1/999999), Perimeter=108 ft. 01 n01.3201e 24 02 s88.2759e 30 03 s01.3201w 24 04 n88.2759w 30 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Matador Estates Subdivision Water Main Easement No. 1 (ESMT-2024-0094) ADA COUNTY RECORDER Trent Tripple 2024-044661 Project Name or subdivisions Name: BOISE IDAHO Pgs=5 VICTORIA BAILEY 08/14/2024 08:03 AM A4Xi %---, CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement plumber. Identify iris Eesernenl by sequential nua ber if#toe project contains more Man one easement of this type See+nstrucbormdehecklisl tar add lional lnfarrnatianq For Internal Use Only ESMT-2024-0094 Record Number: WATER MAIN EASEMENT THIS Easement Agreement trade thisl 3th day of August 20 24 between fir° ("Grantor")and the City of cridian,an Idaho Municipal al Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water plain right-of-way across the premises and property hereinafter particularly bounded and described,and WT#EREAS , the water main is to be prrovidcd for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation;and maintenance of water trains over and across the following described property; (SEE ATTACHED EXHIBITS A and B) The casement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easernent and right-of-way unto the said Grantee, its successors and assigns forever. 1T IS EXPRESSLY ,NDERS`l'g+C D AN-D AGREED, by:and between the parties hereto, that after making repairs or perforr-ning rather maintenance, grantee shall restore the area of the casement 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 f described in this casement that was placed therein violation of this casement. THE GRANTOR covenants and agrees that Grantor shall not plaice or allow to be placed any permanent structures or obstructions within the casement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings,trash enclosures, cavorts; sheds, fences,trees,or deep-rooted shrubs; TI IE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of or lie within the:boundaries of any Water Main Easement Page 1 Version 0 1/0 1 1202 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement. and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns. heirs. personal representatives, purchasers, or transferees of any kind. IN WITLESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: �J C .�q S O • City FvY STATE OF 1PAI ) County ofA&4* ) This record record was acknowledged before me on -L 1 (date)by (name of individual). (c•ocnpiete the f dlowing if-signing in a representative calweity, or strike the following !fsigning in an individual eapaciW Notary Stamp Below ASHLEE COLEY " NOTARY PUBLIC-STATE OF UTAX rtak Signature 7 My Comm.Exp. 04/29/2025 My Commission Expires: �. Commission # 717952 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-13-2024 STATE OF IDAI-I0, ) . ss, County of Ada ) This record was acknowledged before me on 8-13-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the Cityof Meridian, in their capacities as Mayor and City p Clerk,respectively. Notary Stamp Below Notary Signature My Commission Expires. 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 LAND SURVEYING PLLC Client: Marty Camberlango Date: January 2, 2024 1 x Job No.: 1422 RE: Matador Subdivision PROPERTY DESCRIPTION The following describes a twenty (20) foot wide Waterline Easement situated in a portion of Lot 5 Block 1, of Crestwood Subdivision No. 1 and located in the NE 114 NE 114 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found Zinc Cap monument stamped "PLS 7043" marking the NE Corner of said NE 1/4 NE1/4, (Section corner common to Sections 29, 30, 31, and 32), said corner bears S. 89'46'04" E., a distance of 2632.39 feet from a found Aluminum Cap marking the N 1/4 of said Section 31; Thence along the Northern Boundary line of said NE 1/4 NE 1/4 also being the Centerline of E. McMillan Road, N. 89046'04" W., a distance of 936.62 feet; Thence leaving said Northern Boundary, S. 00034'25" W., a distance of 33.00 feet to a point on the Southerly Right-of-Way of said E. McMillan Road, Thence along said Southerly Right-of-Way line, N. 89046'04" W., a distance of 106.83 feet to a set 1/2-inch diameter iron pin stamped "ESMT PLS L-20895" marking the POINT OF BEGINNING; Thence, leaving said Southerly Right-of-Way line, S 00013'59" W, a distance of 84.10 feet to a set 1/2-inch diameter iron pin stamped "ESMT PLS L-20895"; Thence, S 42°33'40" W, a distance of 58.09 feet to a set 1/2-inch diameter iron pin stamped "ESMT PLS L-20895" marking a point on a curve to the left; Thence from a tangent which bears N 68°41'22"W, along curve to the left with a radius of 55.00 feet, and having a central angle of 25°18'30" an arc length of 24.29 feet with a chord bearing of N 81'20'37"W, and a chord distance of 24.10 feet to a set 112-inch diameter iron pin stamped "ESMT PLS L-20895"; Thence, N 42°33'40" E, a distance of 63.79 feet to a set 1/2-inch diameter iron pin stamped "ESMT PLS L-20895"; Thence, N 0001359" E, a distance of 76.36 feet to a set 1/2-inch diameter iron pin stamped "ESMT PLS L-20895" marking a point on the Southerly Right-of-Way line of McMillan Road; Thence, along said Southerly Right-of-Way S 89046'04" E, a distance of 20.00 feet to'VK O T OF BEGINNING, �'tir1�, t` . This parcel contains 2,802 square feet or 0.06 acres, more or less. -y/ 623 1 lth Avc. South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 awells.cls@gmail.com s89°2004°e ,1� l 1 ii m of (7 M O � O �� C C N - gypL PAPp R .� A=24.2g MATADOR SUB - 20' WIDE WATERLINE EASEMENT 1/2/2024 Scale: 1 inch= 15 feet File: 1422-Matador Waterline Easement 1-2-2024.ndp Tract 1:0.0643 Acres(2802 Sq.Feet), Closure.n00.0000e 0.00 ft.(1R5619),Perimeter=327 ft. 01 s00.1359w 84.1 02 s42.3340w 58.09 03 Lt,r=55.00,delta=025.1830,arc=24.29,chord=n81.2037w 24.10 04 n42.3340e 63.79 05 n00.1359e 76.36 06 s89.4604e 20 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Oaks North Phase 12 Sanitary Sewer and Water Main Easement (ESMT-2024- 0099) ADA COUNTY RECORDER Trent Tripple 2024-044662 BOISE IDAHO Pgs=5 VICTORIA BAILEY 08/14/2024 08:04 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE The Oaks North Subdivision No:, 12 Sanitary Sewer& Water Main Easement Number: 1(knol,t[),k.;tamem hu,,qu¢mial numhcr rNio project eonq.ms mm Ehnu"MW"skeane u�, Eris tvp`Sce iotsFrn,1,(,Q­ Xx;ckhm fi,r a ditia,,;d in tiro a h", For Internal Use Canty Record Number: ESMT-2024-0099 MMIARY SEWERALNUaAlTE&MAINMASEMEN-1 THIS Easement Agreement made this 13th day of August 2024 between Toll Southwest LLC _ ("Grantor")and the City a eridian,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 b the Grantee 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 maids over and across the following described property: (SEE ATTACHED EXHIBITS A and ) 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 0 HAVE AND T 0 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 perforining 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 GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and ofno further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada Thi..s record was acknowledged before me on 11�L`A "l, ,�2`I (date) by (name of individual), [complete the]olfm+,ing ifsigning in a representative capacity, or strike thefollowing ifsigning in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) Notary Slainh 13cloa MELANIE ANN FORBIS A,� Notary Public-State of Idaho Commission Number 20233219 My Commission Expires Aug 1, 2029 Notary Signature My Commission Expires:. Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN RobertE, Simison, Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-12-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 8-13-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028_ Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Legal Description City of Meridian Sanitary-Sewer & Water Easement The Oaks North Subdivision No. 12 An easement being located in the SW % of Section 28, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of said Section 28, from which a Brass Cap monument marking the southeast corner of the SW % (S % corner) of said Section 28 bears S 89'16'58" E a distance of 2635.25 feet; Thence N 1°00'42" E along the west boundary of said SW % of Section 28 a distance of 2494.89 feet to a point; Thence leaving said boundary S 89'21'17" E a distance of 85.00 feet to the POINT OF BEGINNING; Thence S 89021'17" E a distance of 120.56 feet to a point; Thence S 61112'00" E a distance of 36.27 feet to a point of curvature; Thence a distance of 30.33 feet along the arc of a 73.50 foot radius non-tangent curve left, said curve having a central angle of 23038'30" and a chord bearing S 33146'25" W a distance of 30.11 feet to a point; Thence N 61112'00" W a distance of 26.14 feet to a point; Thence N 89021'17" W a distance of 113.23 feet to a point; Thence N 1000'42" E a distance of 30.00 feet to the POINT OF BEGINNING. Said easement contains 4,412 square feet (0.101 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC \oNp L LA Np s July 2, 2024 \S T FR Gp � G O -4 11118 X O F tiT�N W N P� North Subdivision No. Lon oftitions City of MeridiaOnaks Sewer&Water EasementlA Land Surveying and Consulting Job No. 18-35 Page 1 of 1 CITY OF MERIDIAN SEWER & WATER EASEMENT THE OAKS NORTH SUBDIVISION NO. 12 LOCATED IN THE W 1/2 OF SECTION 28, TAN., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO 29 28 C 1/4 1/4 S89'21'17"E 2622.24' _ _ o a �2 RAN S�gO• NO i o 00 HE OPTS N z N I POINT OF BEGINNING I� N S89'21'17"E 85.00'� S89'21'17"E 120.56' S61'12'00"E ................:............ N1'00 42"E 36.27'� ) 30.00' ( � o N89'21'17"W 113.23" Z 4-I m N61'12'00"W 0 00 z)a, 4412 SF / 0.101 ACRES 26.14' N 729F L 28 BASIS OF BEARING 28 32 33 W. McMILLAN ROAD S89'16'58"E 2635.25' 33 1/4 CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING f CHORD C1 30.33' 73.50' 23'38'30" S33'46'25"W 30.11' \�Np,L LA A/0 I 5 STE G,A � G O 11118 `np'o'1 o212y�o z OF tiToN W.NPR LLa I U i 0' m 0 rj S 40' 80, 160' Land Surveying and Consulting 231 E.5TH ST,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JCB vC. 16-.i E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Prescott Ridge Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0095) ADA COUNTY RECORDER Trent Tripple 2024-044665 BOISE IDAHO Pgs=6 VICTORIA BAILEY 08/14/2024 08:05 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Prescott Ridge Subdivision No. 3 Sanitary Sewer&Water Main Easement Number: 1 ldeotify this Easement by sequential number ifthe proJcrt contains more than one easement of thLs type.Sec instructions checklist for additional information. For Internal Use O»y ESMT-2024-0095 Record Number: MIARY; LAVER AND WATER MATH EASE1 'T THIS Easement Agreement made this13th day of August 2024 between Hubble Homes,;LLC ("Grantor")and the City ofMeridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and Water ,is to be provided for through underground pipelines to be constructed by others; and WHEREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the "Grantee the right-of-way for an easement for the operation and ;maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page l Version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Hubble Homes, LLC s STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on :)0-74(date) by gg& (name of individual), [complete the fol�nig ifsigning in a representative capacity), or strike thefollov+ling ifsigning in an individual capacity] on behalf of RLbble- Hmes, LLe, (name of entity on behalf of whom record was executed), in the following representative capacity:.AL.,_t ,0Yif_--J 4'a-,4IL (type of authority such as officer or trustee) \utary Siamp Below PENNY SMITH COMMISSION#23655 NOTARY PUBLIC STATE OF!DAHO NotarySignature E MMISSION EXPIRES 02/i6/2025 � � �lt�o�d o� C My Commission Expires:, J Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-13-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-13-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Votary Scamp Below Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 k7m E N G I N E E R I N G June 25,2024 Prescott Ridge Subdivision No. 3 Project No.22-108 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement being a portion of Lot 18, Block 1 of Peregrine Heights Subdivision(Book 68 of Plats at Pages 7026-7027, records of Ada County, Idaho)and further situated in the Southeast 1/4 of the Northwest 1/4 of Section 28,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Center 1/4 corner of said Section 28, which bears S00'43'55"W a distance of 2,635.29 feet from an aluminum cap marking the North 1/4 corner of said Section 28,thence following the easterly line of said Northwest 1/4, N00°43'55"W a distance of 1,254.75 feet; Thence leaving said easterly line, N89'25'31"W a distance of 251.37 feet to the proposed northerly right-of- way line of W.Wildfire Drive; Thence following said proposed northerly right-of-way line, N89°25'31"W a distance of 147.09 feet to the POINT OF BEGINNING. Thence following said proposed northerly right-of-way line,N89°25'31"W a distance of 35.00 feet; Thence leaving said proposed northerly right-of-way line, N00°34'29"E a distance of 48.00 feet; Thence S89.25'31"E a distance of 35.00 feet; Thence S00°3429"W a distance of 48.00 feet to the POINT OF BEGINNING. Said parcel contains 1,680 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. Cs1 S TES 4 0 A 9 OF b. 1B1�1'1' 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengIIp.com I 0 80 160 240 NORTH 1/4 SECTION 28 tj:: ` y. FOUND ALUMfNUM CAP Plan Scale: 1" =80' 21 W. Chinden Blvd. 28 (Hwy 20/26) I o Unplatted o z LA o Hubble Homes, LLC R6991222420 a S89'25'31"E o 35.00 1 Q.N 4 01 Cl- tw N00'34'29"E � S00'34'29"W `n 48.00'� �48.00' r� POINT OF BEGINNING S89'25'31"E N89'25'31"W 147.09' 251.37' (TIE) N89'25'31"Wi/ W. Wildfire Dr. .`" 35.00' in I ui z u71Nm � CV 3 Proposed Prescott -LO Ridge Subdivision No. 3 � ,L m V Y J V J ]+ POINT OF COMMENCEMENT = CENTER 1/4 SECTION 28 FOUND 5/8" REBAR i i i r a E N G I N E E R I N G. 5725 NORTH DISCOVERY WAY BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement kmengllp.com Prescott Ridge Subdivision No. 3 i DATE: June 2024 PROJECT: 22.108 SHEET: A portion of the SE 1/4 of the NW 1/4 of Section 28, 1 OF 1 T4N., R1W., B.M., City of Meridian, Ada County, Idaho 35.00 s89°25'31Ile U i O O N N G oC M 7 In Q o � 0 Vf n89*25'31"w 35.00 Title: Date: 06-25-2024 Scale: 1 inch=40 feet File: Tract 1: 0.039 Acres: 1680 Sq Feet:CIosure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=166 Feet 001=n89.2531w 35.00 003=s89.2531e 35.00 002=n00.3429e 48.00 004=s00.3429w 48.00 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Sulamita Evangelical Church Sanitary Sewer and Water Main Easement (ESMT-2024-0103) ADA COUNTY RECORDER Trent Tripple 2024-044667 BOISE IDAHO Pgs=6 ANGIE STEELE 08/14/2024 08:05 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Sulamita Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number if the project contains more than one easement of '.. this type.See instructions/checklist for additional information. '.. For Internal Use Only ESMT-2024-0103 Record Number: SANHARY SE WER AND WATER MAIN EASEMENT THIS Easement Agreement made this 13th day of August 20 24 between Meridian Missionary Gospel Church Inc. ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page l Version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Meridian Missionary Gospel Church Inc. C STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on C6.a -'f(date) by Vladimir Boyarchuk (name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of Meridian Missionary Gospel church Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) Notary Stamp Below MICHAEL LAGUNAS Notary Public State of Idaho Notary Signature Commission No. 20223096 M Commission Expires: 04 y p Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 8-13-2024 Attest by Chris Johnson, City Clerk 8-13-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-13-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 0 1/0 1/2024 EXHIBIT A DESCRIPTION FOR 4973 W CHERRY LANE CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT (Revised 7/24/24) A portion the NE1/4 of the NE1/4 of Section 9, T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at NE corner of said Section 9 from which the N1/4 corner of said Section 9 bears North 89036'00" West, 2649.94 feet; thence along the North boundary line of said Section 9 North 89036'00" West, 262.23 feet; thence leaving said North boundary line South 00024'59" West, 56.58 feet to a point on the South right-of-way line of West Cherry Lane, point also being the REAL POINT OF BEGINNING; thence continuing South 00024'59" West, 51.47 feet; thence South 89012'56" East, 20.63 feet; thence North 00037'34" East, 14.87 feet; thence South 89022'26" East, 15.00 feet; thence South 00037'34" West, 12.30 feet; thence South 44006'19" East, 184.45 feet; thence South 00023'21" West, 172.02 feet; thence South 09016'52" East, 92.29 feet; thence North 90°00'00" East, 31.53 feet to a point on the West right-of-way line of North Black Cat Road; thence along said West right-of-way line South 00001'36" West, 34.00 feet; thence leaving said West right-of-way line North 90000'00" West, 13.50 feet; thence South 00001'36" West, 20.83 feet; thence North 89058'24" West, 20.00 feet; thence North 00001'36" East, 21.83 feet; thence North 90000'00" West, 23.00 feet; thence North 00000'00" East, 22.00 feet; Page 1 of 2 thence North 90000'00" East, 6.51 feet; thence North 09016'52" West, 101.86 feet; thence North 0002321" East, 165.53 feet; thence North 4400619" West, 142.76 feet; thence South 45053'41" West, 4.00 feet; thence North 44006'19" West, 25.50 feet; thence North 89012'56" West, 44.14 feet; thence North 00024'59" East, 71.52 feet to a point on the South right-of-way line of West Cherry Lane; thence along said South right-of-way line South 89004'18" East, 20.00 feet to the REAL POINT OF BEGINNING. 77 9 G XIDD G- C Page 2 of 2 Basis of Bearings N89°36'00"W 2649.94' 1/4A 4 _ _ _ _ W CHERRY LANE S4 S3 S9 � 2387.71' - -� - - - - - - - 262.23' S9 S10 J; RPOB L16. JI I I rn� N L5 N to N L6 � O J z L3 I I N89'12'56"W `/(9 SR�o I 44.14' L17 45r 6,91, R• F Os, Q I ,9- ��`f`. 01 OfI R2 �,, Q 6 U Y U I N Q Line Table Line Table 70 n J m I Line Bearing Length Line Bearing Length CIO Z 3 L1 S00'24'59"W 56.58' L10 S00'01'36"W 20.83' w N L2 S00'24'59"W 51.47' L11 N89'58'24"W 20.00' N� No 0 L3 S89'12'56"E 20.63' L12 No0'01'36"E 21.83' 0 N I L4 N00'37'34"E 14.87' L13 N90'00'00"W 23.00' L5 S89'22'26"E 15.00' L14 N00'00'00"E 22.00' LA L6 S00'37'34"W 12.30' L15 N90'00'00"E 6.51' o N L7 N90'00'00"E 31.53' L16 S89'04'18"E 20.00' a)- N ✓I N L8 S00'01'36"W 34.00 L17 S45'53'41"W 4.00' rn L9 N90'00'00"W 13.50' L18 N44'06'19"W 25.50' L15 L7 I I 0 I J L13 L9 P Np L12 L1� o 7 729 Np 7-IZ9114 0 N Scale: 1"=80' C'QFCTF OF � ,<QiQ` 0 20 40 80 160 �Y G CP P:\Sulamita Church 20-132\dwg\Sewer Water ease exhibit.dwg 7/24/2024 12:50:24 Pw IDAHO EXHIBIT _-B DRAWING FOR Jo 1 No. SURVEY 9955 W.EMERALD ST. 4973 W CHERRY LN Sheet No. BOISE,IDAHO 83704 (208)846-8570 CITY OF MERIDIAN SEWER AND WATER LINE EASEMENT 1 GROUP, LLC LOCATED IN THE NE1/4 OF THE NE1/4 OF SECTION 9, Dwg. Date T.3N., RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO. 7/24/24 w IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Lavender Place (FP-2024-0011), located at 2160 E. Lake Hazel Rd., approximately 1/4 mile east of S. Locust Grove on the north side of Lake Hazel Rd., by Breckon Land Design on behalf of LH Development, LLC. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 08/13/2024 Legend DATE: 0 Project Location TO: Mayor&City Council "Of� FROM: Nick Napoli,Associate Planner 208-884-5533 SUBJECT: Lavender Place Subdivision TM FP-2024-0011 , LOCATION: The site is located at 2160 E. Lake Hazel Road,approximately'/4 mile east of S. Locust Grove on the North side of Lake ?% Hazel, in the SE 1/4 of Section 32,T.3N.,,'--'. R.l E. ------------- I. PROJECT DESCRIPTION Final Plat consisting of 30 residential building lots and nine(9)common lots on approximately 3.79 acres of land in the R-40 zoning district by Breckon Land Design on behalf of LH Development, LLC. II. APPLICANT INFORMATION A. Applicant Gregg Davis,Breckon Land Design—6661 N. Glenwood Street, Garden City, ID 83714 B. Owner: LH Development LLC—PO Box 344,Meridian,ID 83680 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0036)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. However,the road alignment and open space have changed slightly from the preliminary plat. Since there is no change to the number of buildable lots and the Page 1 amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 08/19/22) LAVENDER PLACE SUBQIVISION.2022 PRELIMINARY PLAT a I �E wl •...,.._.. 511.1014�IR1i[f� •���•••• SIIIIIIIIM� - _••'�?-; - - P f 1..E_1 ��� _ � `ter,.'_ +.a �f..,�. �'�, .- � ' �- •_ - ! � � f--—-- - - - - W PRE_ B. Final Plat(dated: 07/02/24) LAVENDER PLACE SUBDIVISION BOOK ,PAGE LOCAL EU IN rl-E--&1N of 1Ft 5w1I9of StC'IICNv-1.3k, h'1E..a m CI rYCh Il1tJiImW AuA COLIN Y,ILwWO LEGEND at�cw N'M •M lr • N'uvki xis tt�tl oa RS No,m r (D .�." .. aacr mar NOW Q ` dial �.L =r y sir SEE SHEET 2 FOR ADDrnONAL CASEMENT INrORMATION AND DETAILS �. Y Sao l" NOTT> • SURVEYOR'S NARRAT VE -- A.[YII.MAI YlN � All. �/[•Aa 1pt Yla pNl Aq. wW - - wlr rIY lA�lF aM M w N �w MwY M - _ .. - .. C Y.N M.M 1lPr asln tRN +Y RU Ywlr IY1M Nq 11 Y • ... u o[ �rt n a� a.da4 « ek ,al dhf adat ax eJ ��a.�Yti W • .• Y YM IIIITYI �!0.Y IAIIYI 4 YM' YW IIM1'YMlfr iM u •M AM MMJr YAOXY M/ Y ' u u wu �¢ an saa! n ur •ur nrr rv. ur � W u a,r���u Lain lutions •• -:»'•-... .• . rr wln.. u wr rwn a Ya .lr mnr wlrr+w m rr tw lllm YnIYI v ��Lana Suroeying ana Consumng . .. - - ._.,�.•.. � .- .., a er.se>< ,r ler .r.x a ar � a-r�m.ve s� a .s ar wrtr aivre AY la,�".r,e �•'. ...."_. A wr l,rllrr u aar aAale eA lv ur AYP YClYl1 llI a ax ,11I 11xN prinll Yx em�...,..,�.-.,<�,..�,�.,-.�.�.. -•...••� Aloes ar SHEEi 1 OF 9 Page 3 C. Landscape Plan((dated: 4/11/2024) TOPOM Nam PLWr 8CHED 11 C 7�iti.�S�C&.4i'1�-44.�LT �..7AR• LL'Cr7S'S7P. "i762"E1.A- lxR:iT�'� .� y a f RZ— .4w—W., W Tt; TURF AREA PREPARATION SEED AREA PREPARATION PLANT SCHEDULE . NOTES N¢.?ES; _ �•S�i"sS:r - LANDSCAPE LEGEND r LANDSCAPE TIWEMENTS Cc m uj 5�'q..- aEEA pros �lY Q `c" ^^"..... `� e JHL22 i - - r 4%7 •.T,~ O� CALi��IEGEN6 0.E LNfE WEL RD DRYLIND SEEDM REQUIREMENT$ TREE PROTECTION NQTESc F-77 L&RMCAPE AREA m. .....__..�..__.—--- ... -47 dQ�Q MUM-. u�.r=gu w, .. :,: p a"�`5,A �^':RG�. :•�•�S".,n",.ate;; aR�.;n^.:,,,'1:��.fi:.�.^�; r NOW WMR,L +a�E Z Y 2 U E Mary � N -R�D�ID�w�.TREE PLANTING M. IN DEI&L— Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(H-2022-0036 AZ,PP, CUP,PS,ALT, TED-2024-0007,Development Agreement-Inst. #2020-106343, Development Agreement—Inst. #2024-000212) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the date of approval of the preliminary plat(i.e. by September 13', 2026),in accord with UDC 11-6B-7,in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgment signed and notarized. 4. The final plat prepared by Land Solutions, dated: 07/02/2024, included in Section V.B shall be revised as follows: a. Note#3: Include the recorded instrument number for the ACHD license agreement. b. Note#7: Shall be revised to include Lots 35-37,Block 1 in the common drive language. c. Note#12: Include the recorded instrument number of the City of Meridian Pathway Easement. d. Add a plat note stating that direct lot access to E. Lake Hazel Road is prohibited. e. Lot 6,Block 1 shall be widened to 20 feet to accommodate for the sewer easement. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Breckon Land Design, dated 06/03/2024,included in Section V.C, shall be revised as follows: a. Provide fencing details for all fencing. b. Provide a tree every 100 linear feet along the multi-use pathway along the north boundary of the property. c. Provide a tree in each of the planter islands for the parking on the east end of the common drive. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 6. The applicant shall protect and preserve existing landscaping in Lots 1-2,Block 1 of Lavender Heights Subdivision No. 1 during construction. 7. A 14-foot wide public use easement for all multi-use pathways shall be submitted to the Planning Division prior to submittal for City Engineer's signature on the final plat(s). 8. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 9. Homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-106343). The applicant shall obtain an administrative design review approval for all single-family dwellings prior to building permit submittal. 10. Prior to signature of the final plat by the city engineer,the applicant shall provide an updated parking exhibit that depicts adequate parking for the alternative compliance request with H-2022- 0036. 11. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 or Matthew.W.PetersonAusps.gov for more information. 12. The rear and/or sides of homes visible from E. Lake Hazel(Lots 23-30,Block 1) shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Page 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law (corrected) for Pebblebrook Subdivision (H-2024-0005), located at 5725 N. Meridian Rd., by Rodney Evans + Partners, LLC. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER , In the Matter of the Request for Annexation of 13.94-acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 52 Building Lots and Six(6) Common lots on 13.94-acres of Land for Pebblebrook Subdivision,by Rodney Evans+Partners,LLC. Case No(s). H-2024-0005 For the City Council Hearing Date of: June 4,2024 (Revised Findings on August 13,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 4,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 4,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 4, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 4,2024,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 PEBBLEBROOK SUBDIVISION AZ PP H-2024-0005 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 4,2024, 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&zoning and preliminary plat is hereby approved with the requirement of a development agreement per the conditions of approval in the Staff Report for the hearing date of June 4,2024,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PEBBLEBROOK SUBDIVISION AZ PP H-2024-0005 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 4,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PEBBLEBROOK SUBDIVISION AZ PP H-2024-0005 -3- By action of the City Council at its regular meeting held on the 13th_day of August 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 COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 8-13-2024 Attest: Chris Johnson 8-13-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-13-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PEBBLEBROOK SUBDIVISION AZ PP H-2024-0005 -4- EXHIBIT A STAFF REPORT E IDAN�-- COMMUNITY DEVELOPMENT DEPARTMENT I DIA H Q HEARING June 4,2024 Legend DATE: lei PFalect Lacs fiar. TO: Mayor&City Council b FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Pebblebrook Subdivision—AZ,PPEEO H-2024-0005 LOCATION: 5725 N. Meridian Rd.,in the NE 1/4 of � Section 25,TAN., R.1W. (Parcels #SO425142030& SO425141990) I. PROJECT DESCRIPTION Annexation of 13.94-acres of land with an R-8 zoning district; and Preliminary Plat consisting of 54 building lots and 6 common lots on 13.94-acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 13.94-acres Future Land Use Designation Medium Density Residential(MDR)with a Park designation Existing Land Use Rural residential/agricultural Proposed Land Uses Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8 Lots(#and type;bldg/common) 54 building/6 common Phasing plan(#of phases) 1 Number of Residential Units(type 54 single-family detached units of units) Density(gross&net) 3.87 units/acre(gross) Open Space(acres,total [%]/ 98,188 s.f. (or 2.25-acres—16.16%)(see analysis in Section VI for more buffer/qualified) information) Amenities (2)pickleball courts,(2)pet waste stations Physical Features(waterways, The Knight Lateral and associated easement crosses this site. hazards,flood plain,hillside) Pagel Neighborhood meeting date 2/l/24 History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) • TIS(yes/no) No(not required) • Existing Conditions There are(2)existing driveways via N.Meridian Rd. • CIP/IFYWP Capital Improvements Plan(CIP)t Integrated Five Year Work Plan(IFYWP): • Meridian Road is scheduled in the IFYWP to be widened to 3-lanes from McMillan Road to US 20126 with the design years in 2027-2028 and the construction date has not been determined. Access(Arterial/Collectors/State Access is proposed via the extension of existing local stub streets IN. H /Local)(Existin and Proposed) Garbo Ave. at the north and south boundaries of the site. Traffic Level of Service Meridian Rd.—Better than"B"(acceptable) Stub Street/Interconnectivity/Cross A stub street is proposed to the abutting County parcel at the northeast corner Access of the site. Existing Road Network N.Meridian Rd.,an arterial street,exists along the east boundary of the site. Existing Arterial Sidewalks/Buffers There are no existing sidewalks or buffers on this site. Proposed Road Improvements None Proposed Road Improvements Meridian Rd.is required to be improved with 17' of pavement from centerline with a 3' gravel shoulder and 10'wide detached sidewalk. Fire Service • Distance to Fire Station 1.4 miles(Station#5) • Fire Response Time Meets standards • Resource Reliability 81%(meets goal) • Risk Identification 2(current resources are adequate) • Accessibility Meets access requirements • Special/resource needs Requires an aerial device(can meet this requirement) • Water Supply 11111kMM 1,000 gallons/minute for one hour(less if building is sprinklered) • Other Resources Police Service No comments received West Ada School District No comments received Distance(elem,ins,hs) Capacity of Schools #of Students Enrolled Wastewater _ • Distance to Sewer Services Available at site • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan Page 2 • Impacts/Concerns • Flows committed • See Public Works Site Specific Conditions in Section IX.B. Water • Distance to Services Available at site • Pressure Zone 2 • Estimated Project Water ERU's See application • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B. C. Project Maps Future Land Use Map Aerial Map Legend � Legend 0Praject Lccaiion Projeci Laca-flon 6 BEE I�hIJ- LLTM1�1lr°AIU RCS J��p a•r.�s. ` l sld�al di M[EHig ensih id i Jl x Zoning Map Planned Development Map Legend Legend Project Lccaiion Project Lucai�on City Lin- A U R1 e R - — Planned Parcels -C C C- RUT --- -- e M R-In o R - Page 3 III. APPLICANT INFORMATION A. Applicant: Benjamin Semple,Rodney Evans+Partners,LLC— 1450 W. Bannock St.,Boise,ID 83702 B. Owner: Eric Scheck, TeAmo Despacio, LLC— 1020 N. Hickory Ave., Ste. 200,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 4/2/2024 5/19/2024 Radius notification mailed to property owners within 300 feet 3/29/2024 5/17/2024 Public hearing notice sign posted 4/5/2024 5/24/2024 on site Nextdoor posting 3/29/2024 5/17/2024 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. A future park is also designated on the FLUM on this property in this general area. The purpose of this designation is to preserve and protect existing and future public neighborhood, community,regional, and urban parks. The Parks Department has determined it's not feasible for a park to develop on this site. The subject property is part of a slightly larger enclave surrounded by single-family residential properties on land also designated MDR on the FLUM. The Applicant proposes to develop 54 single-family residential detached homes on the property at a gross density of 3.87 units per acre,which is at the low end of the density range desired in the MDR designation but is generally consistent with the density of surrounding developments. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. The MSM designates Meridian Rd. as a residential arterial with 3-lanes within 78' of right-of-way. ACHD is requiring Meridian Rd. to be improved with 17' of pavement from centerline, a 3' wide gravel shoulder and a 10' wide detached sidewalk abutting the site as shown on the plat and landscape plan in Section VIII. Transit is not available to this site. 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, which will contribute to the variety in housing types in the general vicinity. Page 4 • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "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 generally provides a good transition in density and lot sizes to abutting lots at PI and 2:1 ratios; however, there are a couple of areas (Lots 7-9, Block 2 abutting Lot 10, Block 49 in Paramount#21 and Lots 10-12, Block 2 abutting two lots in Bordeaux Estates to the south)where 3 lots abut 1 lot. The lots in these areas should be revised(or lots removed) to reflect a maximum 2:1 ratio. FYI` EE LW f LW • "Encourage compatible uses and site design to minimize conflicts and maximize use of land."(3.07.00) The proposed and existing adjacent uses are all single-family detached homes of similar sizes and lot sizes, which should reduce conflicts and maximizing use of land. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) Development of the subject property, which is part of a slightly larger enclave area, should not negatively impact abutting existing development as like uses and a good transition in lot sizes is proposed with the exception noted above. (This development is not downtown) • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) There are no pedestrian pathways stubbing to this property from adjacent developments other than sidewalks along existing stub streets to this property. These sidewalks will be extended with development for pedestrian connectivity between developments. Page 5 • "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. • "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 two (2)access points on N. Meridian Rd.for this property. With development, both of these accesses will be closed and access will be provided via local streets within the development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of most of the infill area in this location will contribute to maximizing public services. In summary, Staff finds the proposed development is in general conformance with the Comprehensive Plan per the above analysis. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 13.94-acres of land with an R-8 zoning district for the development of 54 single-family homes at a gross density of 3.87 units per acre,which is consistent with the MDR FLUM designation as discussed above in Section V. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is an infill property within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed(see Section VIII). Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the subject property develops as proposed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 54 building lots and 6 common lots on 13.94-acres of land in the proposed R-8 zoning district as shown in Section VIII.B. Proposed lots range in size from 5,420 square feet(s.f.)to 15,482 s.f.,which will accommodate the variety of dwelling sizes proposed ranging from 1,574 to 3,195 s.f. The subdivision is proposed to develop in one (1)phase. The Applicant has been in discussions with the adjacent Paramount Subdivision Homeowner's Association (HOA) to include the proposed development in their HOA and be subject to their CC&R's and development guidelines to enrich property values and cohesiveness with surrounding homes. HOA dues would apply to the maintenance and operation of the existing common areas and amenities in Paramount Subdivision, which would allow residents of this development to use those amenities and common areas. Likewise, Paramount residents would also have access to use Pebblebrook's common Page 6 areas and amenities. A final agreement of these terms has not yet been reached as discussions are on- going, the HOA wants to see if the project is approved by the City before officially making a decision. Existing Structures/Site Improvements: There are two(2)existing single-family homes and associated outbuildings on the property that are proposed to be removed. Prior to the City Engineer's signature on the final plat,all existing structures shall be removed from the property. Dimensional Standards(UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table I1-2A-6 for the R-8 zoning district. The proposed lots comply with the dimensional standards of the district. Road Improvements: ACHD is requiring Meridian Rd.to be improved with 17' of pavement from centerline with a 3' gravel shoulder and 10'wide detached sidewalk;only 6' of pavement and a 3'wide shoulder is required at this time—curb and gutter will be added later when Meridian Rd. is fully expanded(see Detail 2 on Sheet PP.1 below). Access: Access is proposed via the extension of existing local streets(N. Garbo Ave.) at standard street sections at the north and south boundary of the property; local public streets are proposed for internal access.No access is proposed or allowed via N. Meridian Rd.A stub street is proposed to the County parcel at the northeast corner of the property for future extension. Bulb-outs are provided along Gleason Street as traffic-calming in response to ACHD's comments requiring Gleason Street to be redesigned to reduce the length or include passive design elements. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required along N. Meridian Rd.,an entryway corridor,measured from the ultimate back of curb. A 47.5' wide buffer is proposed as shown on Detail 2 on Sheet PP.1 of the plat, as follows: 47.5Y LAW SOME BUFFER MEASURED FRDM EUILD4 W TBC 27WOMMONLOr � dOWRALF'MOTHROW � as,on 23,W BUILD OUT TBC TO CAL z,aa ,Bar ON' 77.W PAVEMENT ' r 4W 311Y Ear EXISTIW J PAVEMEFrr=9 COWRETESIDEWALN PER DRJdfadP WINDOW J --- AIdiQST'B,dhC S6709 ,,F=�1 AN FOR MATIONS FUTURE BUILD-OUT CUMe Lpr,ATM N. Meridian Rd. Widening 2 PP-1 Landscaping is required to be provided within the buffer in accord with the standards listed in UDC 11- 3B-7C.3,including the standards for entryway corridors. The proposed buffer incorporates a berm with a maximum 3:1 slope,a wrought-iron fence at the back edge of the buffer, landscaping and boulders within the planter areas in accord with these standards.If the unimproved street right-of-way is ten (10)feet or greater from the edge of pavement to edge of sidewalk or property line,the developer is required to maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover; the landscape plan should be revised accordingly. The landscape plan depicts landscaping along pathways within the site in accord with the standards listed in UDC 11-3B-12C. There are a lot of existing trees on the site,totaling 844 caliper inches,that are proposed to be removed as they were determined to be in poor condition by the Applicant's arborist(see arborist report and Sheet L1.6 of the landscape plan). The remaining trees,totaling 158 caliper inches, are required to Page 7 comply with the mitigation standards listed in UDC 11-3B-1OC.5. Additional trees are proposed in accord with the required standards. Common Open Space& Site Amenities(UDC 11-3G-3): Based on the standards in UDC Table 11- 3G-3, a minimum of 15%(or 2.09-acres)of qualified open space is required to be provided within the development. An open space exhibit was submitted as shown in Section VIII.D,that depicts 16.16%(or 2.25-acres) of open space that meets the required quality and qualified open space standards. Based on the standards in UDC 11-3G-4A, a minimum of two(2)points of site amenities are required to be provided. Two (2) sports courts(pickleball) (8 pts.)and(2)dog waste stations(1 pt.)are proposed, which total 9 points, exceeding UDC standards. Per the standards for such in UDC 11-3G-4C,dog waste stations are installed in the ground fixtures with waste disposal bags and trash receptacles; and sports courts are required to have markings and include benches for seating.Details should be submitted with the final plat application that demonstrate compliance with these standards. Pathways: No multi-use pathways are depicted on the Pathways Master Plan on this property. Sidewalks (11-3A-17): Five-foot wide attached sidewalks are required along internal local streets and detached sidewalks are required within street buffers along arterial streets per UDC 11-3A-17. For public safety,Staff recommends a 10-foot wide detached sidewalk is required along N.Meridian Rd.,an arterial street,as a provision of the development agreement as proposed on the landscape plan. 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. On-street parking is also available on both sides of the street. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant's narrative states all existing perimeter fencing will either be retained and protected or replaced,and the developer will coordinate with all affected neighbors. The landscape plan depicts a 5' tall open vision wrought iron fence at the back edge of the street buffer along N. Meridian Rd. and adjacent to internal common open space areas; and a 6' tall cedar privacy fencing is proposed along the northern boundary of the site abutting the County parcel.Fencing appears to be missing in some areas adjacent to common open space areas; fencing should be provided to distinguish common from private areas in accord with UDC 11-3A-7A.7a. Waterways: The Knight Lateral crosses the eastern portion of this site within a 20-foot wide easement through common area as depicted on the plat. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. The Applicant's narrative states the Paramount HOA has agreed to allow the project irrigation system to connect to the Paramount Subdivision pressure irrigation system;therefore,the site will transfer its water rights to Paramount Subdivision and the site will utilize the existing Paramount Subdivision irrigation pump system. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Evaluation and geotechnical groundwater monitoring report was submitted with this application. Page 8 Building Elevations: Five(5)conceptual building elevations were submitted for the proposed 1-and 2- story homes with 2-and 3-car garages as shown in Section VIII.E. The homes are craftsman style with building materials consisting of a mix of board and batten siding, lap siding and optional masonry accents. The Applicant clarified that"optional"masonry accents depicted on the elevations is incorrect— all homes will have masonry accents consistent with the Paramount architectural guidelines. To ensure this for a higher quality of development, Staff recommends masonry accents are required on all structures in the development. The Applicant's narrative states the architecture and materials of the proposed homes will conform to the Paramount Architectural Design Standards,which include specific provisions regarding the exterior elevations,colors, accent materials, lighting, fencing and landscaping. Further, each floor plan will have multiple elevation designs with a variety of roof configurations(i.e.hip vs. gable)to provide more articulation and diversity from the street in addition to multiple color scheme choices. Design review is not required for single-family detached structures. However,because the rear and/or sides of homes facing N. Meridian Rd. will be highly visible, Staff recommends a DA provision requiring those elevations 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 adjacent public streets.Single-story homes are exempt from this requirement. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and combined 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 18t1i.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: Ben Semple,Rodney Evans+Partners (Applicant's Representative) b. In opposition: Andrew Pietella,Patrick Murphy,Zachary Tanis,Lee Cooper,Christine Huber Arnold,Lori Billaud(representing Cheryl Heard),Fernando De La Noche, William Gillen,Bob Beckman,Jamie Lajoie C. Commenting: Kyle Loveland,Don Doss(President of the Paramount HOA),June Gouvaia(voicemail) d. Written testimony: Ben Semple(Applicant's Representative)—in agreement with staff report conditions e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Not in favor of plat as proposed; opinion the density is too high and not consistent with that in Paramount Subdivision; b. Concern pertaining to the impact of traffic generated from this development on internal streets in Paramount subdivision. c. Request for construction methods/materials to match those in Paramount Subdivision. d. Not in favor of this development being part of the Paramount Subdivision HOA as it's not the same quality of development and opinion that it will bring home values down. e. Concern pertaining to overcrowding in area schools. 3. Key issue(s)of discussion by Commission: Page 9 a. Clarification that if this development isn't included in the Paramount Subdivision HOA, it can still stand on it's own so far as meetin the he City's development requirements. b. No concerns pertainingto o capacity at area schools as there are several private schools in addition to public schools in this area that will assist in serving this development. c. Opinion the proposed subdivision is thoughtfully laid out with a maximum 2:1 transition in lots on the perimeter boundary,has good walkability and nice open space that exceeds the minimum standards. 4. Commission change, (s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on June 4,2024. At the public hearing.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Ben Semple,Rodney Evans+Partners (Applicant's Representative): Sally Reynolds. Joe Weeks b. In opposition: Lori Billaud C. Commenting: Laura McDermott,Ramont Turnbull d. Written testimony: Ben Semple,Rodney Evans+Partners(Applicant's Representative) —in a2reement with the Commission's recommendation. Geoffrey Wardle.Aleksv Bobodzhanov(voicemail).neighbor(voicemail).Lee Cooper,Dawn Duckworth. e. Staff presenting application: Sonya Allen f Other Staff commenting on application: Steve Siddowav 2. Key issue(s)of public testimony: a. In support of the proposed density,rather than a higher density: appreciation for the Applicant working with the Paramount neighbors in an effort to have a more cohesive development: in favor of the proposed transition in density. Request for construction traffic to enter the site from Meridian Rd.rather than from internal residential streets. b. In opposition to the proposed development due to school overcrowding and incompatibility with the lot sizes and homes in the surrounding Paramount Subdivision: request for a better(i.e. 1:1)transition to existing lots. 3. Key issue(s)of discussion by City Council: a. The possibility of revisions to the plat for a better transition(i.e. closer to 1:1) in lot sizes to existing lots in Paramount Subdivision along the southern boundary of the subdivision. b. The Park designation on the Future Land Use Map contained in the City's Comprehensive Plan on this property. 4. City Council change(s)to Commission recommendation. a. Council included a new condition for the Applicant to revise the plat to remove two(2) lots along the south side of W. Gleason St.—one east of N. Garbo Ave. and one west of N. Garbo Ave.—as offered by the Applicant fcondition.#A.2c). Page 10 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map Legal Description Pabblebrook Subdivision —Annexation A parcel located in the NE '/, of Section 25. Township 4 North. Range 1 West Boise Meridian. Ada County, Idaho. and more particularly deecrlbed as follo" Cornmer cEng at a Brass Cap monurnent marking the southeast corner of said NE Yj,,from whicr. a BraT,5 Cap rnonurnent marking the nontwast comer of said NE'/4 hears N 0"24753"E a dicta nce of 2661 OF fee'. Thence N 0'24-53'E along the easterly boundary of said NE f, a distance of 2e9.30 feet to the POINT OF BECMNNING: Thence Ieaviing sad easterly bDui-NJary of the NE %and along the nodherly boundary end the projaaion tftarricf of Paramount Subdivision No 21 ee shaven in -Book 105 of Plata on Pages 1423E ahrough 14240, and the easleely bowndory of Perarnount Su"vision No. 22 as shown in Bock 105 of Flits an Pages 14312 through 14,314,reoords of 4 9 County, ldatro. N 70'41'29"VY a distsmee of 1439 48 fee to a poet on the ee6tedy boundary of said Paramount Subdivision No. 221, Thence along said eai tWy bDundaay N (Y02'46"W a distance of 334.37 feet to a point on ttre southerly boundary of Paramaurn Subdivrawr4 No. 24 as efiown. in Book 107 or P1als on Pages 14797 through 14799, records of Ada County. Idaho_ Thence along said soultwly I:�Oundary and Me souftfty boundary or Pararri aunt Subd3)mmn No 27 as shown in gook 108 of Plats un Pages 15046 Vrrough 16048.records of Ada County+. Idaho, S 78'2646"E a distance of 962.67 feet to a point; Thence canbnuirrg Wong void sorffierly boundary of Paramount Subdivision No. 27 and Ule projecbw ftreof S 89"360T E a dislande-of 420.08 feet to a point on the saswdy boundary of ,said NE of Section 25. Thence along said easterly boundary S 0'24'53" VV a distance of 614.49 feet to the POINT OF 15EGINNl NO_ This parcel contains 13.94 acres and to Subject to any ea5+ereen:s exm6rig or in use. Clinton 1, -Hansn, PLS 113Lkpk LA No LoMd$alurlons, PC `g q;raiSTit February B, 2024 r of N w t� La171d 014J1lons *ft.�s�s �paaMbroJob eacasw5 mn.r+r w cM�w.y xa Page 11 PEBBLEBROOK SUBDIVISION - ANNFXATIGN EXHIBIT — --C CAT ED IN THE NE 114 OF SECTION 25 TOWN S Ffl P 4 NORTH, RANGE t WEST. 8M ADA COUNTY, IUAHO 2# 19 1[ CIII W BL1+D �5 � s+UaA I , 27 a ? JHPLATTM I � f S891TVE 4MVP � I I 4 r I � L4x PARCEL �R0� ur.,T� 51 26r4RW0 } TO-AL AREA = {J '3,94 . RES �l -►x PARCEL 14 ' I ! a UNPIXTFa or BEOWNG �S 30 f, ter} ti s r ,� II �LA"n lutions Surveying and Consulfing aa;ae�r: ,.T.4i9afa�5w Page 12 B. Preliminary Plat(dated: 4 4/l 7/24) -REVISED ir-Lgga x2gar gtiigqwiaae F�;;� 3 �8g� aadee8i a� 4�9oe s i e l B a ; � �€� flilliflifllfi� �I lEl ll��l E 3 I a g �1ij zo -a - f �I �d a a aaaa�gP4 � a�0lll.-Illlm�l.�IIII ICI �,L III�II--�'�-'-?� � -' •;' �� 1Ej ��sere gg5@leas _ x 19 : m LLU IU o IL wt 6 Jill ill �. :_. JW,q mrfl �; R Q 11 � g� URI` I11° WEE W � pp P q3q3 A ��`� � �•__ s ;� fit.. a g ion `g;J� i I §'J5 • i scp � .. I Page 13 C. Landscape Plan(dated: 2/13/2023)—REVISED cvoe Nvilikeig N 6411 I------ -----------I !I! Jf.V J H W IN N ---------- ---------- ............ j L---- 4� ---------- I r ----------- Di S. -4+4 Page 14 PROJECTINFORMATION � LANDSCPPE REOUIRFAffMS i Q o , •. , - _......-ohm o = I IEPHill i OVERALL PRELIMINARY PLAT LANDSCAPE PLAN "" 't - �L1.0 3 a x O � r �i \ r x ® a,.m,o_ f / B r _ / � � �• is�'� o r, ANIPRELIMINARY PLAT LANDSCAPE PLAN-AREA ONE S* Page 15 NREA �' \KEYMAP IFNOSCPPE IEG@1D r. r t .__ \ # Q rEeewM �smuuax iELIQ om�ew i z mo'.EMwrs /Al!PRELIMINARY PLAT LANDSCAPE PLAN-AREA TWO r� � FRFA .THREE- AKEY MAP VJiD301PE LEGEND wen...w CPLLgR NOlE3.=OE!`� v � / u II_ r i � e i 'ti 1 v I re I II II Mpg f 8 II y� 3 g ilk PRELIMINARY PLAT LANDSCAPE PLAN-AREA THREE Page 16 �yWROUGHT IRON FENCE (PLANTER BED CUT EDGE L+J�TYPFCALaTTFtEES-fR-T[TR�AFFET75� -..P•.�.•m.-�^�.•-...�.=-^-•pa..^ 4„QECIDLlOUS MV No,��Y��� .^•':"m.,.^�a•^e•®^ -� '..'"..""'" CEDAR FENCE �GROUNQCOVER PLANTING �w r_� �� v�.M. dam.•, � .�T• .a,..........�e--...p •esp. �� ROM- 'Te �1 SHRUB PLANTING �c1CDNIFEROUS TREE PLANTING �QDGIPOTm PET STATION .r _ L7.5 Page 17 Tree Mitigation Plan: 64 s �e 111 H � 1i��' �i F iE �!plp�s��s�l�ulylEl�II�I s p€"yR�� 1 lop tt g� eeeeeee....eeee��e P fi L_ w Arborist Report: https://ep1anreview.meridiancity.orb/ProiectDox/ActiveXiliewer.aspx?FilelD=1026739 Page 18 D. Common Open Space& Site Amenities Exhibit 4 z w w �o CYLLI Z of w ———- Il � g. co 0 � r—r r--1 r--1 r--1 r— r--1 r-- / r------7 z WQ ow U UQ ¢ g4 Il a3 i gg I II I z a 9LL InZy L_JL_JL_JL-JL-JL_JL�� coV! T HE y w 2' H ` ! z w aLL tl zNz 0¢m w O wl � h i r�i I �r r— r—�I rV — r— w 0gaQ p bj z w ZWi ;I I;I ;ILID � / w p u LL i o �5 _JL—JL_JL_JL—J _ OoI,z Q N __j LLJ Q J z 00 !! z =moo X—¢ ,wow CO ZY6 Lu a-0Oz f ! 1 Oo- Q f r ¢mw Lu oa_co z - � ICI ICI ) ! r ICI 1 -------J i L----�� Page 19 E. Conceptual Building Elevations - -—————————— ---------------- 1313 — -------— --------- ------- --------IN,, Hlri ------------- VFMIBN PLPPR -3-C GARdGE ----------- ----------------A TOP RATE�GOT. ------------------ ----------------- L L ---------—-------—--- EU d-------------------- mt --------------- eIZ IW-SP.4 ISATr a OL - am AM C LB Ab fiR[CW-c TOP PLATE gi 4 Imn . . . . . . TOP RATE -—————————————---— AD N DIIX 0 0 0 I'D C tAM -------------- -------- - O"40..ft ----------------------- W1 & , - ri SUM A NoW A SMX s&-WO- Come OPT-S-CAR OARAOa N'AT COWN IIMI MLWTLD' OPT.MASON —" "Q n WALL AND kV At A.1 11--AT Cp...w Page 20 IW4'GABLE vEW TIII QI 0EE PH-IL 4'—R TRIM :4"�K�PlLAL flRG ftal� S-W, FINIBN FLOOR 6/7 6/2 TOP PLATE --------------- --------------- —L"6 F. eEE AS PET.rL---, 'I------------------ Maeoeler AO C, T11 ---------------- OrT,3-CAR rlAp�lr AO 011IIII COFI ------ ------4 le'AT cgaffRB Ti=. �Ew, . . . . . . . . TT — . . . . 41"WEIR ■ el X±Aw WIN' FOORW A*MUD- =FLArE....... Lap TAL ---------------------- ------- --- 0 0rr ---OK.w1ofte As Smix 61 TZ El El - --- ---------------------- ------- ---- -* II rr ---------————---- ttAe .I TO P09W WALL AND IIIIIIII 017AIL m SI- §M=D- RI W&L Apo W.AT Om 3-CAR&AFI W47del uIIPAP to We, WILICMDO w. Nd caR Note: Masonry accents shall be provided on all front elevations. Page 21 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. A final plat application shall not be submitted until the annexation is finalized. 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. The DA shall,at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. Provide a 10-foot wide detached sidewalk within the required street buffer along N. Meridian Rd. as proposed. c. All homes within the development shall include a mix of materials, including masonry accents, as proposed by the Applicant. d. The rear and/or sides of homes facing N. Meridian Rd. shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop- outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 2. The final plat submitted with the final plat application shall include the following revisions: a. Include a note stating direct lot access via N.Meridian Rd. is prohibited. b. Revise the configuration of Lots 7-9,Block 2 (abutting Lot 10,Block 49 in Paramount#21)and Lots 10-12,Block 2 (abutting two lots in Bordeaux Estates)to reflect a maximum 2:1 ratio. c. Remove two (2)lots along the south side of W. Gleason St.—one east of N. Garbo Ave. and one west of N. Garbo Ave. in an effort to provide closer to a 1:1 transition to existing adjacent lots in Paramount Subdivision. 3. The landscape plan submitted with the final plat application shall include the following revisions: a. Depict lawn or other vegetative groundcover on the east side of the sidewalk along N. Meridian Rd. as set forth in UDC 11-3B-7C5,which states, "If the unimproved street right-of-way is ten (10)feet or greater from the edge of pavement to edge of sidewalk or property line, the developer is required to maintain a ten foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover." b. Depict fencing abutting all pathways and common open space lots to distinguish common from private areas in accord with UDC 11-3A-7A.7a. 4. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC II- 3A-6B.3. 5. With the final plat application, include a detail for the dog waste stations and sports courts that comply with the standards for such in UDC 11-3G-4C.Dog waste stations are required to be Page 22 installed in the ground fixtures with waste disposal bags and trash receptacles; and sports courts are required to have markings and include benches for seating. 6. A minimum of 2.25-acres of qualified open space shall be provided within the development in accord with the open space exhibit included in Section VIII.D. 7. Prior to the City Engineer's signature on the final plat,all existing structures shall be removed from the property. 8. Approval of the 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. 9. Staff s failure to cite all relevant UDC requirements does not relieve the Applicant from compliance. B. PUBLIC WORKS https:llweblink.meridianciV.orelWebLinkIDocView.aspx?id=341430&dbid=0&repo=MeridianCitX C. FIRE DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=341460&dbid=0&repo=MeridianCitX D. PARK'S DEPARTMENT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=344176&dbid=0&repo=MeridianCitX E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciV.or,g/WebLink/DocView.aspx?id=343172&dbid=0&r0o=MeridianCitX F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=341600&dbid=0&repo=MeridianCitX G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=341434&dbid=0&r0o=MeridianCitX H. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancioy.org/WebLink/DocView.aspx?id=344162&dbid=0&r0o=MeridianCitX I. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=345969&dbid=0&r0o=MeridianCitX Page 23 X. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 3.87 units per acre 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 R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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 single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. Comments were received from WASD on this applications due to the fairly small number of lots proposed, the impact should b is minimal at an estimated 17+/-school aged children for the development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The 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 ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 24 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 right-of-way dedication for the expansion of N. Meridian Rd. is in conformance with the IFYWP to widen Meridian Rd. to 3-lanes from McMillan Rd. to SH-20126 (Chinden Blvd.) is in conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 25 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Landscaping and Maintenance Agreement between the City of Meridian and Ten Mile Crossing Inc. (Brighton) for the 1-84 and Ten Mile Road Interchange C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Work Session Agenda From: Mike Barton, Parks Superintendent Meeting Date: July 19, 2024 Topic: Landscaping and Maintenance Agreement Recommended Council Action: Authorize the Mayor to sign the attached Agreement Background: In 2009, the City entered into an interagency agreement with ITD to maintain the landscaped islands north of 1-84 on Ten Mile Rd. The landscaping has reached the end of its lifespan and needs to be replaced, per our FY2025 Budget Request. Once the landscaping is replaced, the attached agreement (if executed) will obligate Ten Mile Crossing Inc. (Brighton) to maintain the landscaping, reducing our contracted maintenance costs by$8,836.00 annually. Attachment: Landscaping and Maintenance Agreement: I-84 and Ten Mile Road Interchange. LANDSCAPING AND MAINTENANCE AGREEMENT: I-84 AND TEN MILE ROAD INTERCHANGE This LANDSCAPING AND MAINTENANCE AGREEMENT ("Agreement") is made effective this 13th day of August, 202,by and between the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("City"), and TEN MILE CROSSING INC., an Idaho corporation("Brighton"). City and Brighton may be referred to as a Party or collectively as the"Parties." WHEREAS, on December 3, 2009, City and the Idaho Transportation Department("ITD") entered into an Interagency Agreement for Landscaping and Maintenance of the Interstate-84/Ten Mile Road Interchange("2009 ITD Agreement"), attached hereto as Exhibit A; WHEREAS, inter alia, the 2009 ITD Agreement requires City to maintain the landscape improvements installed at 1-84 and Ten Mile Road; WHEREAS, Brighton is willing to assume responsibility for such landscape maintenance as it pertains to the locations depicted on Exhibit B; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows: I. BRIGHTON'S RESPONSIBILITIES. A. Assumption of City's responsibilities. As it pertains to the area depicted in Exhibit B, Brighton shall assume all responsibilities set forth in Article III of the 2009 ITD Agreement, titled "Responsibilities of City," except those items listed in Article 11 City's Responsibility below. B. Landscaped areas as-is. Brighton acknowledges and accepts that the landscaped areas to be maintained on an "as is" and "where is" basis. Brighton shall be solely responsible for any and all measures necessary to provide the landscaping services in a manner that is safe for persons conducting the work, and for users of the adjacent roadways. II. CITY'S RESPONSIBILITIES. A. Install new landscaping. City shall install new landscaping at the landscaped areas described in the 2009 ITD Agreement as generally set forth in Section 2.2 of that agreement and the plans attached hereto as Exhibit C. B. Maintain sidewalks. The City shall continue to be responsible for maintaining the sidewalks installed within the Project Site pursuant to Section 3.5 of the 2009 ITD Agreement. III. GENERAL TERMS. A. Term and termination. This Agreement shall remain in effect until December 31,2034. The term of this Agreement shall be renewed automatically for one-year periods thereafter unless LANDSCAPING AND MAINTENANCE AGREEMENT:I-84 AND TEN MILE ROAD INTERCHANGE PAGE 1 terminated by either party in the manner provided in this Agreement. This Agreement shall automatically terminate if the 2009 ITD Agreement is terminated pursuant to Section 6.2 of that agreement. B. Assumption of risk. Brighton acknowledges that provision of services under this Agreement may carry a risk of injury, illness, and/or death, some of which risks may be unknown, and, with that knowledge, Brighton hereby assumes all such risks and hazards. C. Indemnification. Brighton shall fully indemnify, hold harmless and defend and City from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, expenses (including but not limited to reasonable attorney's fees), or injury to persons or property, whether or not involving a third party claim, which arise out of or relate to any act or omission of in carrying out Brighton's responsibilities under this Agreement. The limits of Brighton's 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 due to the actions or omissions of Brighton or Brighton's employees, agents, contractors, or invitees, Brighton covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Brighton does not assume the indemnity obligations of City contained in Article IV of the 2009 ITD Agreement. D. Insurance. Each party shall obtain all necessary insurance as may be required in order to protect its respective insurable interests as may be related to its rights and obligations described within this Agreement. E. Waiver. Brighton waives and releases,on behalf of Brighton and Brighton's heirs,executors, administrators, assigns, and/or personal representatives, any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Brighton's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions,except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. F. Compliance with law. Throughout the course of this Agreement, the Parties shall comply with any and all applicable federal, state, and local laws. G. Force Majeure.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including,but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. H. State of Idaho requirements. The following provisions are required by the State of Idaho. The inclusion of these provisions in this Agreement does not indicate that these clauses are relevant to the subject matter of this Agreement; rather, these provisions are included solely to comply with the laws of the State of Idaho. LANDSCAPING AND MAINTENANCE AGREEMENT:I-84 AND TEN MILE ROAD INTERCHANGE PAGE 2 1. Anti-Boycott Against Israel Act. Pursuant to Idaho Code § 67-2346, as applicable, Brighton certifies that Brighton is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. The terms "company" and "boycott Israel" shall have the meanings ascribed to them in Idaho Code § 67-2346. 2. No Public Funds for Abortion Act. Pursuant to Idaho Code § 18-8703, as applicable, Brighton certifies that Brighton is not, and will not for the duration of this Agreement become, an abortion provider or an affiliate of an abortion provider, as those terms are defined in the"No Public Funds for Abortion Act," Idaho Code §§ 18-8701 et seq. 3. Contract with company owned or operated by the government of China prohibited. Pursuant to Idaho Code § 67-2359, as applicable, Brighton certifies that Brighton is not a company currently owned or operated by the government of China and will not for the duration of this Agreement be owned or operated by the government of China. The terms"company"and "government of China"shall have the meanings ascribed to them in Idaho Code § 67-2359. I. Time 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 agreed to hereunder shall constitute a breach of, and a breach of this Agreement, by the Party so failing to perform. J. Binding on Successors. This Agreement shall be binding on the successors, administrators, executors and assigns of all Parties hereto. K. Non-waiver. No waiver by either Party operates as, or is to be construed as, a waiver in respect of any failure,breach,or default not expressly identified by an express,written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates as,or is to be construed as, a waiver thereof, nor does any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right,remedy, power, or privilege. L. Third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a Party hereto. M. Assignment. Neither Party shall sell,transfer,or assign its interest in this Agreement without first providing written notice to the other Party. N. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been provided as of the date such writing is mailed, via U.S. Mail, prepaid and addressed, if to Brighton to Ten Mile Crossing Inc., 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642, or, if to City, to Meridian City Clerk, 33 E. Broadway Avenue, Meridian, Idaho, 83642. LANDSCAPING AND MAINTENANCE AGREEMENT:I-84 AND TEN MILE ROAD INTERCHANGE PAGE 3 O. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either Party, or agents of either Party,whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both Parties hereto. If the 2009 ITD Agreement is modified pursuant to Section 6.7 of said agreement, City shall provide Brighton with a copy of said modification within three (3) business days of its execution. Within five (5) business days from receipt of the modification, the Parties shall amend this Agreement to provide Brighton the opportunity to assume or decline to assume the modification to the modification. P. Agreement governed by Idaho law. The validity, interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution limiting indebtedness. Venue shall be in the courts of Ada County, Idaho. Q. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. R. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Warranty of authority. Each party represents that all corporate action necessary for the authorization, acceptance and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. BRIGHTON: TEN MILE CROSSING INC., an Idaho corporation d , By: Robert L. Phillips, President CITY: City of Meridian ATTEST: Robert E. Simison, Mayor 8-13-2024 Chris Johnson, City Clerk 8-13-2024 LANDSCAPING AND MAINTENANCE AGREEMENT:I-84 AND TEN MILE ROAD INTERCHANGE PAGE 4 Exhibit A INTERAGENCY AGREEMENT FOR LANDSCAPING AND MAINTENANCE OF THE INTERSTATE-84/TEN MILE ROAD INTERCHANGE Project No. A011(932) Key No. 11932 This AGREEMENT ("Agreement") is made and entered into this 3�dayof by and between the Idaho Transportation Department (hereinafter, and the City of Meridian, an Idaho municipal corporation, (hereinafter, "City") (collectively, the "Parties"). RECITALS WHEREAS, the City has requested that the State approve the expenditure of transportation funds for landscape treatments of the Idaho Transportation Department's Interstate 84 / Ten Mile Rd IC Landscaping Project No. A011(932) to provide scenic enhancement of a gateway road into the City of Meridian; and WHEREAS, the City is committed to protecting the investment of these funds by performing certain maintenance as agreed upon between the parties; and WHEREAS, authority for this Agreement is established in Section 40-317, Idaho Code, which allows for cooperative agreements between the Idaho Transportation Department and municipalities for the construction of and improvements to bridges and state highways; and NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: I. Appropriation of Funds This Agreement contemplates that the State will appropriate sufficient funds, not to exceed $880,000.00, to design and construct landscaping for the new interchange at the junction of Interstate 84 and Ten Mile Road, in Meridian, Idaho, near Mile Post 42.00 (hereinafter, "Project Site"). This Agreement is limited to that project, identified as ITD Project No. A011(932) and specifically shown on Exhibit A, attached hereto and incorporated herein. If, within two (2) years of signing of this Agreement by the parties, sufficient funds for this transportation project are not appropriated and a bid process is not completed with the awarding of construction of Project No. A011(932), this Agreement shall become null and void and neither party shall have any obligations to the other under its terms. I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 1 II. Responsibilities of State 2.1 State will design and install landscape features in accordance with the Project Plans for Project No. A011(932), shown on Exhibit A to this Agreement. 2.2 State agrees that it will provide and install landscape improvements described as follows: a. Four (4) Islands/Approach Triangles improved with shrubs, perennials, non-mown grasses, rock mulch, sidewalk, stamped colored concrete border, topsoil, and pressurized irrigation system; b. Two (2) raised median areas on Ten Mile Road improved with shrubs, perennials, non-mown grasses, rock mulch, stamped colored concrete border, topsoil, and pressurized irrigation system; C. Interchange ramp and Ten Mile Road slopes improved with non-mown grass; d. Interchange detention ponds improved with water tolerant shrubs and water tolerant non-mown grass; 2.3 State agrees to notify City of any future highway construction that would impact the landscape improvements covered by this Agreement, and to seek mutually-agreeable solutions to any such construction in order to minimize the destruction or removal of the landscape improvements covered by this Agreement. If a solution is not found, both parties understand and agree that State shall be allowed to remove the landscape improvements at its expense and that City's obligations under this agreement shall cease. In such event, State agrees to provide sixty (60) days written notice to City prior to any construction or other actions to remove the landscape improvements. 2.4 State agrees to hold contractors/subcontractors responsible for any and all damages to the landscape improvements resulting from contracted work at the Project Site. 2.5 State, or its Contractor, shall assure the establishment of plantings by watering, cultivating, replacement of plants or mulch, and other work necessary to maintain the plants in a healthy condition, throughout a plant establishment period of one year. 2.6 State shall maintain the Ten Mile IC bridge structure, including the irrigation pipe sleeve provided for installation of the pressurized irrigation system though the structure. State shall also maintain the integrity and functionality of the Interchange detention ponds located within the I-84 Right-Of-Way. 2.7 State agrees to hold all contractors responsible for warranties provided under agreements between State and contractors/subcontractors for the benefit of City in its maintenance obligations under this Agreement. All warranties shall be for a minimum of a one year period from date of substantial completion. I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 2 III. Responsibilities of City 3.1 The City will review and approve the construction plans and specifications, prior to the project advertisement for construction. 3.2 Upon completion of construction of Project No. A011(932) and City inspection and sign-off of the landscape improvements, City will assume responsibility for maintenance and care of the landscape improvements described above, as follows: a. Maintain all shrubs, perennials, and grasses in a healthy condition, replacing any vegetation with same or equivalent plantings as needed, with responsibility for replacement after completion of the one year establishment period; b. Maintain the graded areas to the shape and contours as established at the Project Site, unless a modified grading plan is approved by Idaho Transportation Department; C. Remove trash and other roadside debris from the approach triangles formed by the on and off ramps at the Project Site; d. Trim and prune as required to remove dead materials and to maintain the vegetation in an attractive condition; e. Operate and maintain the pressurized irrigation system, including main and distribution pipes, the pressurized irrigation pipe within the pipe sleeve in the interchange bridge structure, valves, sprinklers, and control system, with responsibility for replacement after the Contractor warranty periods are complete; f. Maintain sprinklers so that they do not wet the roadways. g. Utilize State-approved highway safety procedures for City personnel during all times of landscape maintenance completed within the State retained Right-of-Way; 3.3 City shall be required to perpetually maintain the landscape areas within the Project Site as shown on Exhibit A, subject to annual appropriation of such maintenance cost by the City and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. 3.4 Should the City desire additional landscape improvements after completion of Project No. A011(932), City will comply with State's standard permitting and approval process for work completed within the I-84 and Ten Mile Interchange Right-Of-Way. I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT- 3 IV. Indemnity Should any part of the landscape features within the State retained Right-of-Way and maintained by the City be damaged or destroyed though the wrongful or negligent act of any third party, the State will make every effort to determine the identity and whereabouts of the responsible party and the State will attempt collection of the costs of the repair or replacement. If the State is able to collect the cost of repair or replacement, it will advance the funds to the City, based on City estimates or repair invoices. City does hereby indemnify, save and hold harmless State from and against any and all liability, damages or costs, known or unknown, relating to or as a result of City's maintenance of the Project Site and not as the result of the negligence of State. State does hereby indemnify, save and hold harmless the City from and against any and all liability, damages or costs, known or unknown, relating to or as a result of defects in the construction of Project No. A011(932) resulting in additional cost to the City to plant, repair, replace or maintain the aesthetic improvements which are the subject of this Agreement and not as the result of the negligence of the City. V. Term of Agreement It is anticipated the term of this Agreement shall be perpetual, subject to annual appropriation of such maintenance cost by the City and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Neither party may terminate this Agreement without the prior written consent of the other party, other than as set forth in this Agreement. VI. General Provisions 6.1 Contact Information: The contact for the Idaho Transportation Department shall be the Assistant District Three Engineer (Operations) at (208)334-8300. The contact for the City of Meridian shall be the Director of Public Works at (208) 898-5500. 6.2 Termination of Interagency Agreement/Nonappropriation: Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 6.3 Attorney Fees: In the event of any controversy, claim, or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 4 attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 6.4 Choice of Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Idaho. 6.5 Exhibits: All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 6.6 Entire Agreement: This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 6.7 Acknowledgments and Modifications: No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure there from, shall be effective unless in writing and signed by State and City. 6.8 Headings: The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 6.9 Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. End of Agreement [Signature page follows.] I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF MERIDIAN IDAHO TRANSPORTATION DEPARTMENT Tammy de Vfeerd, Mayor Assistant Chief Engineer (Development) Attest: Recommended by: OF City Wrk District Engineer, District Three SEAL = '9 9 ,Cb C►Ov�Y �/llerre n e1e\\\\ APPROVED AS TO FORM: i 0 Date D puty Att r ey eneral ate I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 6 Exhibit A Index Sheets 1 Legend and Project Totals 2 - 6 Landscape Exhibits 1 - 5 I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 7 I -84 TEN MILE RD IC LANDSCAPING FEDERAL AID PROJECT NO. A011 ( 932 ) KEY NO. 11932 ADA COUNTY LEGEND SYM DESCRIPTION OG COWACT OREGON GRAPE-1UHDRA ADUIFOLIUM 'COWACTA'-S GAL RG ROSE CLOW BARBERRY-BERBERIS TH NBERGI1 VAR VGSE GLOW•S GAL GL GROW-LOW SWAC-RHUS AROVATICA'GROW-LOW'-5 GAL _ LF L13WFAST COMWASTER-COTOHEASTER DA0ARI'LOWFAST•-5 GAL MR WHITE WIOILAND ROSE•ROSA'ALBA M[I0ILAND'-5 GAL SW UA#ARWINE NIEBARK-PHYSOCAIP4Z OPUA.IFQILIS SUMERWINE'-S GAL YU YUCCA'YUCCA FILAAENTOSA•2 GAL FG FLAE GRASS-MISCANTHVS SINENSIS PUPIPIAASCENS-1 GAL KF KARL FORESTER FEATHER REEO•CALAMAGROSTIS X ACUTIFLERA IKARL FORESTEW•1 GAL MG DWARF MAIDEN GRASS-MISCAH THUS SIN[NSIS 'ADAGIO'•I GAL BE BLACK-EYED SUSAN-RUDBECKIA FULGIDA•GQDSTRUF-1 GAL 18'SP DL STELLA DbRO OAYLILY-HEWHCALLIS STELLA 013W-1 GAL LV HIDCOTE LAVENDER-LAVAQLIA ANCUSTIFOLIA TtlDCOTE'•1 GAL (RS RUSSIAHRUSSI N SAGE•PEROVSKIA ATRIPLIFOLIA•1 GAL I IMiOWN GRASS SEEDING •MIX d' GF WINGS FESCUE.HARD FESCUE,AND COVAR SHEEP FESCUE LL___--_ -71 ROCK NULCH -2-CRUSHED BASALT ROCK CHARCOAL CRAY WITH TAN IN COLOR.INSTALL A-THICKNESS a WEED BARRIER FABRIC. I RIVER COBBLE •A•6-WASHED RIVER C®aE.INSTALL 6-THICKNESS ON WEED BARRIER FABRIC. APPROXIMATE PROJECT TOTALS LP49 WN GRASS SEEDING • IILO AC 9RUA9S - 1297 [A PERENNIALS - 3,009[A LANDSCAPE EXHIBIT A 1-84 TEN MILE RD IC LANDSCAPING PROJECT NO. A011(932) KEY NO. 11932 z j U N ZG Q Z IIBIHX3 335 3NII HOIVMI ci 1.1 •: I � II ~ f] � j tl W M W � z � z 0 >- QZZ 1 II I J d Y i I II I II 1 I II II �• ':,i I II I: I I m CD I I I i EIS � V1 Ii � < I W ` I I• o 3 W I X I I < I --- ---------------------_i ................................i................... +€ [r i IT1 J I Ill: I I 1: l; III, I I I I I f1� I , I I I I � I I I f I i I I I 1 I I Jls I I I ; i I i i I I N i 1 I I Ni II i I I� I A E I I I Ai I i i I NE I i I Ai i I Ai i i II MATCH LINE SEE EXHIBIT 4 .......� _.r r t _ _ _ _ _ _ _ _ _ _ _ — �_ SCALE 1"d00' I RAMP DA— RAMP CD w I J I -- L_ _._ - ___ ---- I ,n mI-- - --- -_ __ ----- -_-- 1 ---=_- =-___---�� zz __--__-- -a m X I WI IW W y I 1-84 WESTBOUND I Uj W W ~ ; in uj 1-84 EASTBOUND I i J U I I I ZA I IIQ I i I ` I I RAMP AS All RAMP BC I I \` A. SPUI ISLANDS SHAM .650 EA �\ PERENNIALS • 1.026 EA 1 LANDSCAPE EXHIBIT 2 1-84 TEN MILE RD IC LANDSCAPING PROJECT NO. A011(932) KEY NO. 11932 i . Z g g N o J UN I: II i � o rn m r I I ii w J � N I IICI. :I W � Z Of QZt— Ii} I OF UCi N lal Z R I 0 W d Y I I I j � I I I it 3 I : I 13 I I 3 I I I I I •I I I 3 I ; � I I 5 I 7 I I I Ft .I I I I � I I 3 I 1 I i g ' 1 I o 1 I m m l I I W r i I 1 Ili I I I I I I 1 1 � I I i I � i I I I I I m l I :I i 1 I ; `' r-- £ VBIHX3 33S 3NII HOLVA I ; 1 I I\\ SCALE 1-:100' 04 ui i i N I TEN MILE ROAD w WN W •=,*�.'�•—'t+...t'LL !��r�v.Or"'y„�,..��►���loe�',+M�`�'�k✓+w171L'iF'i•'��Il\•�"yl�!�cV/��• Z zl JI x V r---� m it I/ i� L------------ I F TEN MILE MEDIANS SHRUBS . 747 EA PERENNIALS • 1.984 EA I I i LANDSCAPE EXHIBIT 4 o I-84 TEN MILE RD IC LANDSCAPING PROJECT NO. AOI1(932) KEY NO. 11932 z 8 - V In o r dz J LO V N I { ~ 0 OI I r = w � 1 x J a N w ^. 1 � i w � Z OMi W H ci ~ N ~ w Z w } ao � w J d Y � F I � I � I I I I / I I I y I I i I I ~ I I I j I� I I I ! I I I j I' I40I ! I I � I J j I 1 ' I I � i I / I I � I I I `♦ I l I I I ! I I I I I II. I I j� lI I Q V) I _ W I O I m w� ui I zLLJ I n� I � I I 1 z I I i 1. 1181HX3 33S 3NIl Ny388 EXHIBIT B Depiction of Brighton Maintenance Area Franklin Rd AREA E I AREA D f W. Cobalt Dr. AREA C I. S. Vanguard Way AREA B i AREA A I-84 EXHIBIT B To LANDSCAPING AND MAINTENANCE AGREEMENT:I-84 AND TEN MILE ROAD INTERCHANGE EXHIBIT C Landscape Plans _v I •r2 qvqjr 'IM C fn 4, rL C I in I, I > �71­D F� YI _1 L -k rq o m x IL In rn z z z WRVIAN PARKS AND FEMEATM TEN MLE MEDIANS LANDSCAM FOOOVATION WE OFT 11 EXHIBIT C To LANDSCAPING AND MAINTENANCE AGREEMENT:1-84 AND TEN MILE ROAD INTERCHANGE A—Lj 4—Lv 2—MG tj�10—LtR W �fAaTM00.NRa NO Y0. 0 �� _p_uG o®r.l,rcwl..l W �R-4-L'v _TWE;AL I�NN.CR089•�717N_ "a'� c1�E F 11-�? NOHIN NADLWB KEY AI/V r.l z a{u f2'--BE AFEA E R 21-BE - U1 Q {,. PLANT LEGIENE) , 4—YL s ..[ yr,-.,,,� ,c....w.. I.J V 4 R'. :• 12—F� %el,c1[ .u e ru 1py z 11LFF[A 6 Lea :[1IFL!.If WV1 W l h-0L 6-4 G n =�4.E. a a i o 4 a ■ a NEA D ZZ J QQ [— [ e c e.� curu L j 1'g,ZUz 1F 1 D-1 -N .MICT- u ."t-I[ --L 2 r o0J l—I . 14—bF j' C3ENERAL NOTES "• •[+E[1n '.— LLi - fill a i F i Ta _ r^ E•T- IL.ryl ,.. E. R-L➢B NQi 15-7 22—F,. • [ T IL 1• 11 114- E.IEEi d....nil. 1 La r-�e a[ �a.y[ :1 F•:�...+aea n 1.1FIL�IN-It AA C M y 4-YU �..�.. Tc�+L.wnc. 1•'-.r o. ' Q 21-BE ... NORM MEDIANS AREA C F S X W b. AREA E PLANT LEGIEND X - - - - - - -i 4—MR 7. ' �l 2 VO I wil "AL j, C­ 7- JL. 41,1 .-1 :.{a z V-34-3E 1 C L: -SA 6 21-3E 9 -4-YU 0 A,- 2*.-BE 2.-Ft; 4-Lv C GENERALNOTES 4-LV C21IG RI allz rsw _vG 3i-HE L It— -IET4L 1M 1. 11 4-( 4 21-SE I F-L 2 1-BE L -22--FC mmm Umom KEY MW SP5-O _LV 9-4.zc; _Y rl_S'. -Lv 2-VG 7-R .-VR AMA 1! 12-MC 10 25-4T V 4-L-i 4-Y J 1.)-DL 79-RG 4-LVE .-yam 11 1 1 9-FC T g z 21-H LL AMD 31-BE 31--;JE ZZ 71 + —"TCliLM AfFA D r NORTH MEDIANS AREA E AFFA 0 LANOCAM z NORTH MEDIANS AREA D PL4N 0 __j E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Interagency Agreement between Ada County Highway District and the City of Meridian for Water and Sewer Construction/Roadway Construction - FY 22 - Residential Capital Maintenance INTERAGENCY AGREEMENT FOR: WATER AND SEWER CONSTRUCTION/ ROADWAY CONSTRUCTION ACHD FY22— Residential Capital Maintenance MERIDIAN PROJECT NO. 11239 THIS INTERAGENCY AGREEMENT FOR WATER AND SEWER CONSTRUCTION/ ROADWAY CONSTRUCTION ("Agreement") is made and entered into this day of 20_, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN , a municipal corporation organized under the laws of the State of Idaho ("_MERIDAN " or"City"), regarding MERIDAN Project no. 11239 RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights- of-way in Ada County; WHEREAS, _MERIDIAN is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, ACHD and _MERIDIAN desire to undertake a cooperative effort to incorporate into ACHD's road widening construction project known as ACHD FY22 — RESIDENTIAL CAPITAL MAINTENANCE, to include certain modifications or improvements to MERIDIAN'S owned facilities on the following roadways: NW 4th - Broadway to Maple: NW 6th - Carlton to Washington, Cherry Ave - NW 4th to Meridian Rd., Idaho Ave - NW 8th to Meridian Rd: NW 8th st to W 2nd st., Maple Ave - NW 1 st to Meridian Rd., NW 4th— Idaho Ave. to Broadway Ave., Washington St. — NW 7th to E Carlton Ave., NW 7th St. —W Washington St. to W Cedarburg Dr., W 6th St. —W Carton Ave. to W Washington St., E 2nd St. — E Idaho Ave. to E Pine Ave., (collectively, "MERIDIAN'S Water Improvements and Sewer Grade Adjustments"), to be constructed pursuant to an agreement between City and the selected Contractor ("CONTRACT"); and WHEREAS, ACHD is willing to accommodate MERIDIAN'S request by including the MERIDIAN'S Water Improvements and Sewer Grade Adjustments in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the CITY that it will fully reimburse DISTRICT for all actual costs Interagency Agreement Page 1 of 8 including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the CITY sewer adjustments and water improvements within the Project Boundaries; and NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the MERIDIAN'S Water Improvements and Sewer Grade Adjustments shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the most current City of Meridian Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for MERIDIAN'S Water Improvements and Sewer Grade Adjustments. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that MERIDIAN'S Water Improvements and Sewer Grade Adjustments are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove MERIDIAN'S Water Improvements and Sewer Grade Adjustments from the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of MERIDIAN'S Water Improvements and Sewer Grade Adjustments from the Project. d. Include in the CONTRACT a term providing that MERIDIAN will have the right to work directly with the Contractor to resolve any claims relating in any way to MERIDIAN'S Water Improvements and Sewer Grade Adjustments and that any such claims will be reviewed, approved or denied by MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact MERIDIAN'S Water Improvements and Sewer Grade Adjustments. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each construction contractor billing attributable to MERIDIAN'S Water Improvements and Sewer Grade Adjustments if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, Interagency Agreement Page 2 of 8 as such estimates are approved by DISTRICT after obtaining MERIDIAN's concurrence regarding MERIDIAN's portion of the CONTRACT, together with an invoice for the construction CONTRACT costs earned by and to be paid to the Contractor for MERIDIAN'S Water Improvements and Sewer Grade Adjustments. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to MERIDIAN'S Water Improvements and Sewer Grade Adjustments within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of MERIDIAN'S Water Improvements and Sewer Grade Adjustments. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all MERIDIAN'S Water Improvements and Sewer Grade Adjustments incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for MERIDIAN'S Water Improvements and Sewer Grade Adjustments to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for MERIDIAN'S Water Improvements and Sewer Grade Adjustments to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the most current City of Meridian Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). C. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.f. or 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. Interagency Agreement Page 3 of 8 e. Reimburse DISTRICTfive percent(5%) of MERIDIAN'S construction costs attributable to MERIDIAN'S Water Improvements and Sewer Grade Adjustments as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN's project costs as they relate to the total project construction costs. g. Provide (at City's sole cost) trench compaction testing for MERIDIAN'S Water Improvements and Sewer Grade Adjustments from one-foot (V) above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of test results for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to MERIDIAN's Water Improvements and Sewer Grade Adjustments within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims and damages resulting from any such trench failure. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of MERIDIAN'S Water Improvements and Sewer Grade Adjustments or to the removal of any or all items from the CONTRACT that are associated with the installation of MERIDIAN'S Water Improvements and Sewer Grade Adjustments. j. Indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to MERIDIAN'S Water Improvements and Sewer Grade Adjustments. Such indemnification hereunder by MERIDIAN shall in no Interagency Agreement Page 4 of 8 event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages or expenses of attorneyfees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth by law or in this Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to MERIDIAN'S Water Improvements and Sewer Grade Adjustments; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of . any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit and/or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. Interagency Agreement Page 5 of 8 g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article Vill, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to Interagency Agreement Page 6 of 8 liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Ryan Head Alexis Pickering Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN By: By: Chris Johnson Robert E. Simison City Clerk 8-13-2024 Mayor 8-13-2024 Interagency Agreement Page 7 of 8 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 20_, before me, the undersigned, personally appeared ALEXIS PICKERING and RYAN HEAD, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 13th day of August 20 24 before me, the undersigned, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON, Mayor and City Clerk respectively of CITY OF MERIDIAN, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Meridian Idaho My commission expires: 3-28-2028 Interagency Agreement Page 8 of 8 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Interagency Agreement between Ada County Highway District and the City of Meridian for Water and Sewer Construction/Roadway Construction - Ustick- Black Cat to Ten Mile INTERAGENCY AGREEMENT FOR: WATER AND SEWER CONSTRUCTION/ ROADWAY CONSTRUCTION Ustick — Black Cat to Ten Mile Road Improvements MERIDIAN PROJECT NO. 11340 THIS INTERAGENCY AGREEMENT FOR WATER AND SEWER CONSTRUCTION/ ROADWAY CONSTRUCTION ("Agreement") is made and entered into this day of , 20_, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN , a municipal corporation organized under the laws of the State of Idaho ("_MERIDAN " or "City"), regarding MERIDAN Project no. 11340 RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights- of-way in Ada County; WHEREAS, _MERIDIAN is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, ACHD and MERIDIAN desire to undertake a cooperative effort to incorporate into ACHD's road widening construction project known as USTICK RD, BLACK CAT RD/TEN MILE RD , to include certain modifications or improvements to MERIDIAN's owned facilities on Ustick Road from Black Cat Road to Ten Mile Road (collectively, "DISTRICT Roadway Improvements, sewer main and water main adjustments and installations"), to be constructed pursuant to an agreement between City and the selected Contractor ("CONTRACT"); and WHEREAS, ACHD is willing to accommodate MERIDIAN's request by including the MERIDIAN'S sewer and water Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the CITY that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the CITY sewer and water improvements within the Project Boundaries; and Interagency Agreement Page 1 of 8 NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the most current City of Meridian Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Sewer Improvements from the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Sewer Improvements from the Project. d. Include in the CONTRACT a term providing that MERIDIAN will have the right to work directly with the Contractor to resolve any claims relating in any way to the City Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each construction contractor billing attributable to the City Sewer and water Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN's concurrence regarding MERIDIAN's portion of the CONTRACT, together with an invoice for MERIDIAN's share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. Interagency Agreement Page 2 of 8 i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Sewer Improvements. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Sewer and water Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Sewer and water Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT(all work required for the City Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the most current City of Meridian Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.f. or 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent(5%) of MERIDIAN'S construction costs attributable to the City Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight and maintaining construction project files. Interagency Agreement Page 3 of 8 f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN's project costs as they relate to the total project construction costs. g. Provide (at City's sole cost) trench compaction testing for the City Sewer and water Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of test results for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Sewer and water Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims and damages resulting from any such trench failure. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Sewer and water Improvements. j. Indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Sewer and water Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth by law or in this Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Sewer and water Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of Interagency Agreement Page 4 of 8 the City's efforts to resolve said claims with the Contractor. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Projectshall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit and/or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. Interagency Agreement Page 5 of 8 k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. Interagency Agreement Page 6 of 8 ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Bruce Wong Alexis Pickering Director President, Board of Commissioners ATTEST: CITY OF CITY By: By: Chris Johnson 8-13-2024 Robert Simison City Clerk Mayor 8-13-2024 Interagency Agreement Page 7 of 8 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of 20_, before me, the undersigned, personally appeared and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 13th day of must 20 2A before me, the undersigned, personally appeared Robert E. Simison and Chris Johnson , Mayor and City Clerk respectively of CITY , a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Meridian Idaho My commission expires: 3-28-2028 Interagency Agreement Page 8 of 8 ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT 3775 Adams Street ACHD Contact Person : Garden City, Idaho Project Management 83714 Name : Seth Jarsky Phone (208) 387-6280 3775 Adams Street Facsimile (208) 387 - Garden City Idaho 83714 6289 Phone : (208) 387-6235 KL ACHD Date of Permit : ACHD Project No. : Permit No . : 50 322024/522025 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No. 215. I. PERMITTEE INFORMATION This permit is granted to : Partnering Agency Contact Person : City of Meridian Micah Bandurraga Transportation and Utility Coordinator Phone : 208489 -0352 Email : mbandurra a meridiancit . org IL ROAD PROJECT AND APPROVED NON -TRANS ON CON ' ONENTS Name/Location of ACHD Road Project : Ustick Road, Black Cate Road to Ten Mile Road ACHD Project 322024/522025 and City Project 11340 as depicted in the project plans attached hereto and incorporated herein as Exhibit A . 1 of 10 i Approved Non-Transportation Components . Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires, the following NonJransportation Components : 1 ) Construction and Perpetual Maintenance of the following • Continuous Streetlighting, and • Fiber conduit with junction boxes , All of the aforementioned is depicted in Exhibit A as attached and incorporated herein . ACHD authorizes and requires the construction and perpetual maintenance of the continuous streetlighting and fiber conduit with junction boxes associated with this Project . In accordance with Ordinance 215 , the foregoing continuous streetlighting and fiber conduit with junction boxes are referred to as the "Non-Transportation Components . " III . ACQUISITION OF RIGHT-OF-WAY OR REAL PROPERTY Conditions of acquisition/contribution of right-of-way or real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for said acquisition , None . ACHD has already acquired or is in the process of acquiring the right- of-way necessary to incorporate the Non-Transportation Components into the Project. Therefore, the acquisition of real property is not required of the Partnering Agency and is not part of the Non-Transportation Components , IV. DESIGN OF NON-TRANSPORTATION COMPONENTS Party responsible for obtaining plans/design for Non4ransportation Components : ACHD is designing the continuous streetlighting described in Section II . The fiber conduits with junction boxes described in Section II have been designed by the Partnering Agency, as shown in Exhibit A. If Partnering Agency is responsible for providing plans/design, deadline for submitting plans/designs to ACHD for approval . - The Partnering Agency has provided 90% plans/designs for the fiber conduits with junction boxes to be included in the ACHD bid package for this Project . Additional conditions: All desi ns/ lans submitted by PartneringAgency must comply with i established 2of10 engineering standards, including the Idaho Standards for Public Works Construction (ISPWC); (ii) the American Association of State Highway and Transportation Officials ("AASHTO "); (iii) the Cost-Share Ordinance No. 215; (iv) all adopted ACHD rules, regulations, and policies; and (v) all state and federal laws. No designs shall be considered final until they are approved in writing by ACHD. Any modifications to the deadlines set forth above must be approved in writing by ACHD. By approving such design or construction of the Non- Transportation Components to the extent such Non- Transportation Components were not designed or constructed by ACHD. Allocation of design costs for Non-Transportation Components (including, if applicable, any credits provided to Partnership Agency and application of any federal funding) and for reimbursement, if applicable : The Partnering Agency shall be solely responsible for all design costs for the fiber optic conduits and associated junction boxes (Non-Transportation Components) , if any. V. CONSTRUCTION OF NON-TRANSPORTATION COMPONENTS Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable) : (In addition to description , refer to designs and plans attached to this Permit as Exhibits , if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit.) All construction will be included in the ACHD construction contract. The Partnering Agency will be responsible for reimbursing the construction costs of the proposed Non-Transportation Components . Additional conditions: (1) Partnering Agency will not allow any liens to attach to any right-of-way, improvements, or any other property ofACHD as a result of any labor performed or materials supplied in connection with the construction of the Non-Transportation Components. (2) Partnering Agency shall be responsible for obtaining all permits required by ACHD in connection with any construction of the Non- Transportation Components. (3) Partnering Agency 's construction shall not negatively impact ACHD 's construction of the Transportation Components or ACHD 's Road Project schedule in any way. (4) Any amendment to the designs and plans must be approved in writing by ACHD. (5) All construction of the Non- Transportation Components shall be in accordance with the designs/plans approved by ACHD. (6) All construction by Partnering Agency will comply with (i) established engineering standards including the Idaho Standards for Public Works Construction (ISPWC); (fi) the American Association of State Highway and Transportation Officials (AASHTO ') ; (iii) the Cost Share Ordinance No. 215; (iv) all adopted ACHD rules, regulations and policies; and (v) all state and federal laws. If Partnering Agency is responsible for all or a part of the construction of the Non-Transportation Components . a . Date for submitting Partnering Agency ' s contractors and engineers to ACHD for approval. N/A b . Date for submitting Partnering Agency ' s contractors ' and engineers ' estimates to ACHD approval : August 9 , 2024 c. Date for submitting Partnering Agency ' s contractors ' and engineers ' contracts to ACHD for approval : N/A 3of10 Any modifications to the deadlines set forth above must be approved in writing by ACHD . All construction will be included in the ACHD construction contract . The Partnering Agency will be responsible for reimbursing the construction costs of the proposed NonJransportation Components . Allocation of construction costs for Non-Transportation Components , reconstruction costs of Transportation Components necessitated by the incorporation of Non-Transportation Components into the Road Project, ACHD construction, maintenance, administration , and overrun costs (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) , and time for reimbursement, if applicable : Partnering Agency shall be solely responsible for all construction costs of the Non-Transportation Components, whether ACHD or Partnering Agency performs such construction. If ACHD performs the construction of the NonJransportation Components , then Partnering Agency shall reimburse ACHD for the actual costs of all materials used, the cost of the relocation of any utilities necessitated by installation of the Non-Transportation Components, including but not limited to the construction costs of Streetlights, conduit, and junction boxes where applicable . Payment by Partnering Agency shall be made to ACHD within 30 days following submission of any invoice by ACHD to Partnering Agency identifying such charges . Relocation of utilities to be completed by Partnering Agency (if any) : The Partnering Agency shall be solely responsible for the cost of relocating any utilities required in connection with the placement, incorporation, or construction of the Non-Transportation Components . Storm water provisions (if applicable) : N/A Additional conditions : Upon a determination by ACHD that the incorporation into the Road Project of Partnering Agency 's Non- Transportation Components will have an adverse effect on storm water quantity or quality, Partnering Agency shall be solely responsible for either mitigating or funding the mitigation of any such adverse effects in a means determined by or acceptable to ACHD. Schedule for completion of Road Project : At this time, ACHD ' s schedule for completion of the Transportation and Non-Transportation Components of the Road Project completion is estimated for October 2025 . 4of10 VI . MAINTENANCE OF NON-TRANSPORTATION COMPONENTS Maintenance requirements of Non-Transportation Components by Partnering Agency $ The Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair, and replace the Non-Transportation Components , subject to the provisions of this Permit and during the term of this Permit. This includes the perpetual maintenance, repair, and replacement of the streetlights, fiber optic conduits and junction boxes described in Section II . Partnering Agency shall cause the Non-Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, the approved designs/plans, Partnering Agency ' s streetlights, fiber optic conduits and junction boxes . Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans, and specification approved in advanced an in writing by ACHD , in its discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping practices . Additional conditions: 1 . This Permit does not extend to Partnering Agency the Right to use any part of the ACHD Road Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road project that has been accepted as an open public highway (as the term "highway " is defined in Idaho Code Section 40-109 (5), Partnering Agency 's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of-way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign) reconstruct, relocate, maintain, and improve the Road Project and right-of way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right- of-way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim, including damages or reimbursement, that the license is in any way irrevocable because partnering Agency has expended finds on the Non-Transportation Components and the Permit has not been in effect for a period sufficient for Partnering Agency to realize the economic benefitfrom such expenditures. I 6. In the event Partnering Agency fails to replace, repair, maintain, and care for the Non- - Transportation Components, ACHD shall have the following remedies in addition to any other recovery in law or in equity, provided that ACHD first gives Partnering Agency 30 days ' notice and Partnering Agency fails to remedy such failure : (i) ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care for the Non- Transportation Components, and Partnering Agency shall reimburse ACHD Jully ,for all associated costs; iii ACHD may remove, alter, redesign, of• 5of10 reconstruct the Non- Transportation Components or any part of the ACHD Road Project (including without limitation the right-of4ay), or in the case of landscaping, replace the Non- Transportation Components with hardscape, and Partnering Agency shall reimburse ACHD filly for all associated costs; and (h) ACHD may refuse to issue any further Cost Share Permits or any other permits for future ACHD Road Projects until Partnering Agency complies with the conditions of the Permit. In addition, in the event of an emergency caused by Partnering Agency 's failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency and Partnering Agency shall reimburse ACHD fully for all associated costs. VII . TERM Term of Permit . This Permit shall be perpetual, until terminated or revoked pursuant to the provisions of this Permit . Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non-Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit repairing and restoring all portions of ACHD ' s right-of--way, personal property, and real property, if any, that are damaged during such removal activities ; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of- way or real property underlying the Non-Transportation Components . Any portion of the Non- Transportation Components that remain in ACHD right-of--way or on ACHD real property 90 days after termination or revocation of this Permit shall be deemed abandoned, and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of--way or real property underlying them and charge all costs to Partnering Agency . VII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT 5004 Additional provisions . This permit provides terms upon which the incorporation of the Non-Transportation Components into the Road Project is approved . IX. GENERAL CONDITIONS OF PERMIT 1 . This Permit is issued conditioned on the Partnering Agency ' s compliance with ACHD ' s Cost Share Ordinance No . 215 , the terms and conditions of this Permit and all applicable ACHD policies, standards and specifications and all certifications made by the Partnering Agency' s pursuant to this Permit. 2 . This Permit is subject to the provisions of state and federal law and all ACHD Ordinance, including but not limited to the Cost Share Ordinance No . 215 , in effect as of the date of issuance of this Permit and 6of10 those that may be adopted after the issuance of this Permit (the "Applicable Law") . In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern . In the event that any part of the obligations of the Partnering Agency or of ACHD in connection with this Permit or the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of the Permittee set forth in this Permit shall still be applicable . Further amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit . 3 . If any portion of the ACHD Road Project (including without limitation any portion of the right-of-way and ACHD personal property therein) is damaged as a result of Permittee ' s action or inaction with regard to the construction, operation, and/or maintenance of the Fiber Optic Facilities or the failure or neglect to construct, operate, and/or maintain the Fiber Optic Facilities, then the Permittee shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto , and if Permittee or its successors or assigns shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Permittee shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD . 4 . The Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses , attorney fees, or any other liabilities whatsoever directly resulting from the Partnering Agency ' s failure to comply with any provision of this Permit and/or Cost Share Ordinance No . 215 . Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit, then following any applicable notice and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non Transportation Components and/or the right- of4ay or real property underling the Non-Transportation Components, and in such event, Partnering Agency shall reimburse ACHD for all associated cost . The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 5 . The Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, the Partnering Agency shall remain and shall be ultimately responsible for the third party' s compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assurnes all legal risks of determining whether any such delegation is property under applicable law and/or regulations , and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason . 6 . Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the Permittee, its agents, or contractors related to or in connection with the Non-Transportation Components and the exercise of any privileges or performance of any obligations by the Partnering Agency pursuant to the terms of this Permit . Partnering Agency ' s obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7of10 7 . In the event the NonJransportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not subject to this Permit, ACHD shall in its discretion issue Partnering Agency an amended or an additional Cost Share Permit to perform such work . 8 . ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Road Project . ACHD will use its best efforts to advise Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation, modification, or other adaptation of any of the Non-Transportation Components, and the parties , to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the NonJransportation Components . If ACHD ultimately determines that any part of the Road project must be relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the NonJransportation Components, as required by ACHD, which shall be accomplished by the Partnering Agency according to designs, plans, and specifications approved by ACHD in writing prior to any such work . Partnering Agency may also elect to remove all or a part of the Non- Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and ACHD relating to any future relocation of the Non- Transportation Components , 9 . ACHD shall at all times have the right to revoke this and any other Permit granted to the Partnering Agency to access the Highway or public right- of--way or real property. In addition, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case the Partnering Agency shall reimburse ACHD fully for all associated costs . 10 . This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to the Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that any of the information submitted by the Partnering Agency in the Cost Share Application is false or inaccurate in any manner, (ii) a determination by ACHD that the Partnering Agency has failed to comply with any term or provision of this Permit; (iii) a determination by ACHD that the Partnering Agency has failed to replace, maintain, and/or care for the NonJransportation Components, as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide the Partnering Agency with thirty (30) days notice of the issue and an opportunity to comply prior to exercising such rights . 11 . The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, nor shall ACHD be obligation to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. 12 . All exhibits and any addenda to this Permit are incorporated herein . 15 . This Permit is conditioned upon the signature of ACHD and the Permittee below. 8of10 This Cost Share Permit is issued by the Ada County Highway District on the date set forth above : Ada County Highway District : The person signing below represents that he or she has the authority on behalf of ACHD to issue this Permit and bind ACHD to the terms set forth herein. ( :B Rya He It : Dire or Acceptance/certification by Permittee : The person signing below represents that he or she has the authority on behalf of the Partnering Agency to accept a d agree to the terms of thus Permit and bind the Partnering Agency to the terms set forth herein . -- — �Q0 pTEDAUQ& By: Luke Cavener Its : un i re ident = < � p �+ us )r w E IDIAN*,. A s is J son m IDAHO qx City Cher 00 SEAL the TREP`�V�� -- 9of10 i i EXHIBITS EXHIBIT A : ACHD Project 320024/522025 and City of Meridian Project No . 11340 plans i I 1 10 of 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: School Resource Officer Agreement between City of Meridian and West Ada School District: 2024-2025 School Year SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN CITY OF MERIDIAN AND WEST ADA SCHOOL DISTRICT: 2024-2025 SCHOOL YEAR This AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian," and Joint School District No. 2, dba West Ada School District, an Idaho school district and body corporate and politic of the State of Idaho, hereinafter referred to as "the District." WHEREAS, the District desires increased law enforcement, community support, outreach, and crime prevention services from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide such services to the District; and WHEREAS, the parties' mutual interests can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1 . This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in anyway, nor for any purpose, become a partner, agent, joint venture, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws;filing investigative reports I and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws around schools. 3. The City of Meridian shall provide; a. Two (2) SRO Sergeants for supervision and as a direct point of contact communication; b. Two (2) SRO Corporals for supervision; c. One (1) School Resource Officer at Mountain View High School; d. One (1) School Resource Officer at Meridian High School e. One (1) School Resource Officer at Rocky Mountain High School; f. One (1) School Resource Officer at Owyhee High School; g. One (1) School Resource Officer to cover the District office, Idaho Fine Arts Academy, and Renaissance High School; h. One (1) School Resource Officer at Victory Middle School; i. One (1) School Resource Officer at Meridian Middle School; j. One (1) School Resource Officer at Sawtooth Middle School; k. One (1) School Resource Officer at Lewis and Clark Middle School; I. One (1) School Resource Officer at Heritage Middle School m. One (1) School Resource Officer to cover Central Academy, Meridian Academy, Crossroads Middle School, Rebound School of Opportunity, and Pathways Middle School; and n. Five (5) School Resource Officers to cover District elementary schools. 4. As a professional service provider and de facto member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, 2 and administration to the community. At the beginning of each school year the SRO shall meet with the principal to discuss the principal's expectations. In addition, on a weekly basis, the SRO shall meet with each principal or the principal's designee or provide an Activity Log indicating where and on what school activities the SRO was involved in during the prior week, unless the assigned principal does not request one. SRO personnel may also be requested to attend District meetings addressing school safety and security. 5. Prior to assignment to a school, SROs shall have basic SRO certification, or, in unexpected situations, shall obtain same within one (1)calendar year. SROs shall obtain ongoing training pertinent to their assignment, as such training is available. 6. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. Such communications shall also be copied to the District's Superintendent or designee. The interiors of buildings will not be patrolled by SROs except as is necessary to investigate crimes, apprehend criminal suspects and otherwise perform the duties contemplated herein; however, the SROs shall maintain high visibility with students during break and lunch periods. 7. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 8. a. With the exception of paragraph 8(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual 3 (hereinafter"Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. b. District and Parental Notifications. Notwithstanding any other provisions herein to the contrary,the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: i. When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the studentwas conducted, no laterthan the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. iii. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall act in conformity with Section 33-6001(6), Idaho Code, and must notify a student's parent or guardian "if a student has been or may be questioned by a School Resource Officer or other law enforcement official, unless the child is a victim or suspected victim of physical child abuse." If the principal is aware of the intention of contact between the School Resource Officer and a student, a principal may, at the principal's sole discretion, notify the parent or legal guardian of the anticipated interview or contact. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is 4 involved of which the principal is aware the principal may then give the parent or guardian that information, iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. 9. The City of Meridian shall use twenty (20) suitably trained police officers in meeting its obligation herein, eleven (11) of whom will be physically present at one of the high school and middle school campuses referenced in Paragraph 3 and five (5) of whom will share time between their assigned elementary schools, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. The other four (4) officers will provide supervisory, support and communications services. If scheduling conflicts occur causing an SRO to be off campus during a scheduled on-campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. If the SRO will be absent from the assigned school for a full or partial day the SRO shall notify the school principal in advance or as soon as practical and make efforts to arrange coverage during their absence. a. In the event the City of Meridian can recruit, train and retain additional personnel qualified to serve as School Resources Officers, the City will notify the District of such opportunities and the District and City may enter into an Addendum to this Agreement to provide for placement of additional School Resource Officers with the District. 10. During each annual performance evaluation of an SRO, the evaluating supervisor shall consult with the principal of the assigned school(s) in preparing the 5 evaluation. The evaluating supervisor may also seek input from the District's Superintendent or designee. 11. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 12. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SROs shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 13. This Agreement is for a period commencing on or about August 14, 2024, and ending on or about May 23, 2025 in accordance with the District's Calendar. It is agreed under the terms of this Agreement that the SROs shall commence the duties set forth herein one (1) week prior to the first day of classes in August 2024, and will complete the obligations one (1) day after the last day of classes in May 2025. Should the parties wish to enter into an agreement for the City to provide SRO services to District during the 2025 summer school session, they shall negotiate and execute an addendum to this Agreement as set forth in Paragraph 25. 6 14. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $931,866.00 to the City of Meridian in two installments. One-half($465,933) shall be paid on or before January 24, 2025, and the balance ($465,933) on or before May 30, 2025. 15. Security for events outside normal school hours will be reviewed and approved by the City of Meridian per the following steps: a. Special events. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event. If an event should arise that is not on the original special event list provided by the District, the Community Service Division(CSD)SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. b. Record of time and reimbursement. SROs who attend a special event at their designated school and/or officers who work at special events at the request of a district school principal shall enter the event name and hours worked for the event in the City's Timecard system. C. Payment. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SROs or other officers worked at the end of each month. The school shall pay one-half(1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The school or District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 16. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 17. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. The District agrees to provide officers with a district-owned technology device (i.e,, tablet or laptop) as well as access to the District's definition of Directory Information pursuant to the Family Educational Rights and Privacy Act, relating to District enrolled students. 18. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 19. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. Cancellation or suspension of Agreement. a. This Agreement may be cancelled by either party for non-conformance or poor performance, on thirty(30)days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set 8 out in Paragraph 14, prorated to reflect the number of full or partial weeks in which services were actually performed by the City of Meridian. b. This Agreement may be cancelled or suspended by either party due to an Act of God, unforeseen occurrence, or any other event that renders performance impractical. For purposes of this Agreement, an Act of God shall include, but not be limited to: fire, hurricane, thunderstorm, snowstorm, flooding, disease, national or local emergency, act of terrorism or any other extreme emergency under which it is impractical for either party to perform. In the event of cancellation or suspension due to such circumstances,the District shall pay to the City of Meridian the consideration set out in Paragraph 14, prorated to reflect the number of full or partial weeks in which services were actually performed by the City of Meridian. 22. The Chief Operations Officer for the District has the authority to execute this Agreement on behalf of the District, and shall promptly bring this Agreement before the Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 25. This Agreement may be modified only by a mutually executed written addendum signed by the District's Chief Operations Officer and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. Each SRO shall also have the contact information for the District's Superintendent or designee. 9 27 Each party shall be solely liable for the actions and/or inactions, including errors, omissions, and/or negligence of its own employees. Neither party shall bear any responsibility or liability for the errors, omissions, and/or negligence of the other. 28. 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 via the United States mail, addressed as follows: Tracy Basterrechea Jonathan Gillen Chief of Police Chief Operations Officer Meridian Police Department West Ada School District 1401 E. Watertower Ave. 1303 E. Central Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 29. The parties to this Agreement may enter into an addendum that provides the City of Meridian dispatch with access to school security cameras, solely in the event of an emergency as defined in such addendum. 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. DATED this -'1"day of >4 , 2024. CITY OF MERIDIAN: BY: 1 R Bert . Si ison 8 Mayor BY. = ,, ra`y Basterrechea 6hief of Police 10 ATTEST:, Q0OTED At oGs Chris John on - - E"jDrAIv City Clerk SEAL v RPM'"'ha i WEST ADA SCHOOL DISTRICT: By: Jonathan Gillen Chief Operations ffice Ry: f Lo i Frasure 'Chair, Board of Trustees 11 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement to approve acceptance of Hidden in Plain Sight Drug Awareness trailer donation for the Meridian Polic Department and Meridian Anti-Drug Coalition E IDIAN:-- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: Kendall Nagy, Police Meeting Date: August 13, 2024 Presenter: NA Estimated Time: NA Topic: Trailer Donation Recommended Council Action: Request to approve acceptance of Hidden in Plain Sight drug awareness trailer donation for the Meridian Police Department and Meridian Anti-Drug Coalition. Background: MADC Director, Kendall Nagy has been contacted by Jim Hopla of the Bonneville Youth Development Coalition (BYDC) regarding MADC being the recipient of a donated trailer. BYDC was a drug prevention coalition in Eastern Idaho that is closing its doors after 25 yrs. The nonprofit would like to donate their 2022 Interstate (INTW) trailer, model number VICT716TA (TBZ) as documented in the approved BYDC 7/24/24 meeting minutes. Kendall recommends we accept this donation as it is a new prevention tool we can utilize at a variety of events in partnership with West Ada School District, the City, and many other partners. MADC does not have anything like this and it would not be a duplication of efforts. The trailer is setup to represent a youth's bedroom and has examples of different concealment devices to stash (hide) drugs. Parents are invited to walk through the trailer and learn about drug trends in this mobile prevention exhibit. Kendall has spoken to the MPD fleet manager, Stacey Pechin and confirmed the current vehicle assigned to the Prevention Unit can tow this trailer. G�JkIMIfN17YDRUGAWAREHESSPRGGAAM h N � b � ' b m W _.. Y n W BYDC Board Meeting Agenda Date I Time 7/24/2024 6:05 PM I Location :245 Placer Avenue, Idaho Falls, ID 83402 Board Members: Nicole Foster, David Snell, Melissa Meeting Called By McConnell, Karlie Hansen, and Nick Robison. Type of Meeting Board Meeting Attendance: Nicole Foster, Melissa McConnell, Karlie Hansen, and Nick Robison. Board Chair Nicole Foster Meeting Timeline: Board Vice Chair Karlie Hansen Start Meeting 6:05 PM Board Secretary Melissa McConnell Adjournment 7:38 PM Board Treasurer Nick Robison Motto: Be More, Do More, together. Executive Director Mission: To lower substance use/misuse among the Evaluator/Advisor youth in Southeast Idaho through prevention measures, community collaboration, and promoting a positive, inclusive culture. Agenda Items Topic Presenter Time Allotted Call to Order-6:05 PM-Roll Call/Record Meeting Nicole Foster 2 minutes Approve Previous Meeting Minutes— • The storage unit is closed. • Melissa emailed BiBerk on the 23rd,sending them a copy of the minutes appointing Jim Hopla as the Director so he could cancel it. • BYDC needs to forward the address to Jim Hopla's house for the next year so we can have an address. • Jim will email Nick documents requesting a refund and stopping insurance with the Department of Labor. • Sparklight charged$150 to disconnect the internet, which means we do not have enough credit to pay until the end of the contract. • We have yet to hear back from the federal taxes,and we are unsure if we owe money to the state taxes.We should hear back from the federal government by 8/15. Jim will contact the state tax commission to see if we owe state taxes. • Department of Labor stated we have a credit,so we may also have to contact at the state level. • Jim submitted the reports for the Opiod Grant and the Block Grant. • Kimberly emailed Jim about needing her 30 hours. She stated that 12 cohorts were taught:4 at Sandcreek,5 at Black Canyon,and 3 at Rocky Mountain. Kimberly said she taught the classes alone without Dan. • Karli moved,and Nick seconded Melissa's Proposal to pay Kimberly$1200.Dan Barker will receive the balance of$2600 for teaching the CATCH classes. • Cincinnati Insurance is the old Heartwell;we are no longer with them. Nothing needs to be done here. • Dan Barker still has personal items here.He still needs to arrange to pick them up,but they are still here. He can arrange with the church to pick them up if needed. • According to Bi-laws,all funds must be distributed to another 501-3C. Melissa moved,and Karli seconded,to transfer trailers and contents (not financial) to the Meridian anti-drug coalition,which is interested. This also includes the$7937 in repair and wrapping. All voted in favor. Jim will contact Meridian. • Financial assets will remain in the account for one year. • Social media accounts need to be shut down. Jim will look at getting these closed. • The next meeting will be at BYDC at 6 pm. 7/29 • Following Meeting 8/28 @ 6 pm 1015 Jones Street. Page 2 Other Information Next meeting: Page 4 Tina Lomeli From: Hopla, Jim <hoplaj@byui.edu> Sent: Thursday, August 1, 2024 9:36 AM To: Kendall Nagy; Melissa McConnell Cc: Nicole Foster Subject: RE: BYDC External Sender- Please use caution with links or attachments. Kendall The following paragraph is in the current BYDC bylaws: Article XI. Dissolution Upon dissolution of the Corporation, the Board of Directors shall, after paying or making provision for the payment of all liabilities, distribute all the assets consistent with the purposes of the organization to one or more exempt purposes within the meaning of section 501c(3), or federal, state, or local government for public purpose, in such a manner as the Board of Directors shall determine. Any such assets not so distributed shall be distributed by the District Court of the county in which the principal office is then located, exclusively for the purposes or to such organizations, as such Court shall determine to be consistent with the purposes of the organization. MADC does still fall under the exempt definition of"federal, state, or local government for public purpose." Let me know if you have any other questions. Thanks Jim J. Hopla, Ed.D.,MHE,MCHES® Brigham Young University-Idaho Department of Health Services Clarke 145E Rexburg,Idaho 83460-0695 Office(208)496-4649 hoplaiebyui.edu Public Health Internship Manual at https://www.bygi.edu/health-services/Public-health-student-resources From: Kendall Nagy<knagy@meridiancity.org> Sent:Thursday, August 1, 2024 7:20 AM To: Melissa McConnell <melissamcconnell@isu.edu> Cc: Hopla,Jim <hoplaj@byui.edu>; Nicole Foster<greenbug6@gmail.com> Subject: RE: BYDC Thank you Melissa. Before we proceed I need to clarify that MADC is not a 501-3c, it is a city government entity. Please let me know if that changes the status of the donation. Regards, Kendall Nagy Substance Abuse Prevention Coordinator& Meridian Anti-Drug Coalition (MADC) Director Community Service Division I Meridian Police Department 1401 E. Watertower St. Meridian Idaho 83642 Phone: 208-846-7313 1 Cell: 208-559-7528 dmb C E IDI Ica Meridian Anti-Drug Coalition:Strengthening Our Community www.meridionmadc.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request unless exempt from disclosure by law. From: Melissa McConnell <melissamcconnell@isu.edu> Sent:Wednesday,July 31, 2024 6:19 PM To: Kendall Nagy<knagv@meridiancity.org> Cc:Jim Hopla <hoplai@byui.edu>; Nicole Foster<greenbug6@gmail.com> Subject: BYDC External Sender- Please use caution with links or attachments. Kendall Here are the documents you requested regarding the Trailer donation. 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Pebblebrook Subdivision H-2024-0005) Between City of Meridian and Te Amo Despacio, LLC for Property Located at 5725 N. Meridian Rd. ADA COUNTY RECORDER Trent Tripple 2024-044664 BOISE IDAHO Pgs=39 VICTORIA BAILEY 08/14/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Te Arno Despacio, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 13th day of Augsut 2024, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Te Amo Despacio, LLC, whose address is 1020 N. Hickory Avenue, Suite 200, Meridian, ID, 83642, hereinafter called OANERIDEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of 13.94 acres of land with a request for the R-8 (Medium-Density Residential) zoning district on the property as shown in Exhibit"A"under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 18th day of June, 2024, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and DEVELOPMENT AGREEMENT—PEBBLEBROOK SUBDIVISION(H-2024-0005) PAGE I OF 8 Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Te Amo Despacio, LLC, whose address is 1020 N. Hickory Ave., Ste. 200, Meridian, Idaho, 83642, hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A," describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT-PEBBLEBROOK SUBDIVISION(H-2024-0005) PAGE 2 OF 8 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained herein. b. Provide a 10-foot-wide detached sidewalk within the required street buffer along N. Meridian Rd. as proposed. c. All homes within the development shall include a mix of materials, including masonry accents, as proposed by the Applicant. d. The rear and/or sides of homes facing N. Meridian Rd. shall incorporate articulation through changes in two or more of the following: modulation (e.g., projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single- story homes are exempt from this requirement. 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/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this DEVELOPMENT AGREEMENT-PEBBLEBROOK SUBDIVISION(H-2024-0005) PAGE 3 OF 8 agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance DEVELOPMENT AGREEMENT-PEBBLEBROOK SUBDIVISION(H-2024-0005) PAGE 4 OF 8 in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Te Amo Despacio,LLC 1020 N. Hickory Ave., Ste. 200 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 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. DEVELOPMENT AGREEMENT-PEBBLEBROOK SUBDIVISION(H-2024-0005) PAGE 5 OF 8 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval,or taking any other action under this Agreement. 20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property,which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT-PEBBLEBROOK SUBDIVISION(H-2024-0005) PAGE 6 OF 8 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-PEBBLEBROOK SUBDIVISION(H-2024-0005) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER. Te Amo Despacio, LLC By : oi�GON STATE OFb ) ss : Cotmty of MX *S ) On this Pday of , 2024, before me, the undersigned, a Not Publi in and for said State, personally appeared , known or identified to me to be the QJ� of Te Amo Despacio, LLC an the person who signed above and acknowledged to me that he executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 44 cF 0 FICIAL STAMP (SEA ,ALIE A KINCAID Notary Public rr NOTARY PUBLIC • OREGON My Commission Expires : '✓ !' COMMISSION N0. 1024536 MY COMMISSION EXPIRES MAY 15, 2026 CITY OF MERIDIAN ATTEST, By: Mayor Robert E. Simison Chris Johnson, City Cleric STATE OF IDAHO ) ss County of Ada ) 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 : DEVELOPMENT AGREEMENT — PEBBLEBROOIC SUBDIVISION (H-2024-0005) PAGE 8 OF 8 EXHIBIT A Legal Description Pebblebrook Subdivision A parcel located in the NE % of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said NE '/4, from which a Brass Cap monument marking the northeast corner of said NE % bears N 0°24'53" E a distance of 2661.08 feet; Thence N 0024'53" E along the easterly boundary of said NE %4 a distance of 269.30 feet to the POINT OF BEGINNING; Thence leaving said easterly boundary of the NE % and along the northerly boundary and the projection thereof of Paramount Subdivision No. 21 as shown in Book 105 of Plats on Pages 14238 through 14240, and the easterly boundary of Paramount Subdivision No. 22 as shown in Book 105 of Plats on Pages 14312 through 14314, records of Ada County, Idaho, N 70d41'29" W a distance of 1439.48 feet to a point on the easterly boundary of said Paramount Subdivision No. 22; Thence along said easterly boundary N 0d02'46" W a distance of 334.37 feet to a point on the southerly boundary of Paramount Subdivision No. 24 as shown in Book 107 of Plats on Pages 14797 through 14799, records of Ada County, Idaho; Thence along said southerly boundary and the southerly boundary of Paramount Subdivision ".o. 27 as shown in Book 108 of Plats on Pages 15046 through 15048, records of Ada County, Idaho, S 78°26'46" E a distance of 962.67 feet to a point; Thence continuing along said southerly boundary of Paramount Subdivision No. 27 and the projection thereof S 89d35'00" E a distance of 420.08 feet to a point on the easterly boundary of said NE %4 of Section 25; Thence along said easterly boundary S 0°24'53" W a distance of 614.49 feet to the POINT OF BEGINNING. This parcel contains 13.94 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS \o ,p,L LA/Vo Land Solutions, PC Co \S T ER pL February 6, 2024 0 m 11118 ,P,A02��(2y OF TAN W NPR Lain- dibluti ns Pebblebrook Annexation ���'Land sumeytog and Consulting Job No.23-55 PEBBLEBROOK SUBDIVISION - ANNEXATION EXHIBIT LOCATED IN THE NE 1/4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BM, ADA COUNTY, IDAHO 24 19 W. CHINDEN BLVD 25 30 PARAMOUNT SUBDI �SION N0. ¢ 3 w 24 PARAMOUN z' I T SUBDI VjSION N0. 27 a, S78 26'46" ' ' UNPLATTED E 962.67) I S89°35'00"E 420.08' CD p Z TAX PARCEL 25' PRESCRIPTIVE SO425142030 ROAD EASEMENT I z < I Uw m TOTAL AREA = N o 13.94 ACRES Z PqR TAX PARCEL --13,�! m S�BQ MpUNT S0425141990 In A10. 22/pN c,�~ io Nag 4�29.,w cn i o m C) �� PARAMp 3g 48 i ¢ UNT SN / o Bp/�S/p / i � N N0. 2/ I � l l z UNPLATTED POINT OF BEGINNING _ N 0 M Oi ! 1 I 25 30 1/4 ONPL LA No ISTfR G,pL 0 c 11118 nNim '.yp2�i1a I `P���= �i�'TTF O F \�A�� Land Surveying and Consulting LL;a:n lutions 0 1 001 200� 400, 0/V W•\A 231 E.5TH ST. ,t MERIDIAN,ID 83642 (208)288-2040 (208)288-2557fax www.landsolulions.biz JOG No.23-ss EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER , In the Matter of the Request for Annexation of 13.94-acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 52 Building Lots and Six(6) Common lots on 13.94-acres of Land for Pebblebrook Subdivision,by Rodney Evans+Partners,LLC. Case No(s). H-2024-0005 For the City Council Hearing Date of: June 4,2024 (Revised Findings on August 13,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 4,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 4,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 4, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 4,2024,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 PEBBLEBROOK SUBDIVISION AZ PP H-2024-0005 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 4,2024, 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&zoning and preliminary plat is hereby approved with the requirement of a development agreement per the conditions of approval in the Staff Report for the hearing date of June 4,2024,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PEBBLEBROOK SUBDIVISION AZ PP H-2024-0005 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 4,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PEBBLEBROOK SUBDIVISION AZ PP H-2024-0005 -3- 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 COUNCIL MEMBER BRIAN WHITLOCK 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR PEBBLEBROOK SUBDIVISION AZ PP H-2024-0005 -4- EXHIBIT A STAFF REPORT E IDAN�-- COMMUNITY DEVELOPMENT DEPARTMENT I DIA H Q HEARING June 4,2024 Legend DATE: lei PFalect Lacs fiar. TO: Mayor&City Council b FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Pebblebrook Subdivision—AZ,PPEEO H-2024-0005 LOCATION: 5725 N. Meridian Rd.,in the NE 1/4 of � Section 25,TAN., R.1W. (Parcels #SO425142030& SO425141990) I. PROJECT DESCRIPTION Annexation of 13.94-acres of land with an R-8 zoning district; and Preliminary Plat consisting of 54 building lots and 6 common lots on 13.94-acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 13.94-acres Future Land Use Designation Medium Density Residential(MDR)with a Park designation Existing Land Use Rural residential/agricultural Proposed Land Uses Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8 Lots(#and type;bldg/common) 54 building/6 common Phasing plan(#of phases) 1 Number of Residential Units(type 54 single-family detached units of units) Density(gross&net) 3.87 units/acre(gross) Open Space(acres,total [%]/ 98,188 s.f. (or 2.25-acres—16.16%)(see analysis in Section VI for more buffer/qualified) information) Amenities (2)pickleball courts,(2)pet waste stations Physical Features(waterways, The Knight Lateral and associated easement crosses this site. hazards,flood plain,hillside) Pagel Neighborhood meeting date 2/l/24 History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) • TIS(yes/no) No(not required) • Existing Conditions There are(2)existing driveways via N.Meridian Rd. • CIP/IFYWP Capital Improvements Plan(CIP)t Integrated Five Year Work Plan(IFYWP): • Meridian Road is scheduled in the IFYWP to be widened to 3-lanes from McMillan Road to US 20126 with the design years in 2027-2028 and the construction date has not been determined. Access(Arterial/Collectors/State Access is proposed via the extension of existing local stub streets IN. H /Local)(Existin and Proposed) Garbo Ave. at the north and south boundaries of the site. Traffic Level of Service Meridian Rd.—Better than"B"(acceptable) Stub Street/Interconnectivity/Cross A stub street is proposed to the abutting County parcel at the northeast corner Access of the site. Existing Road Network N.Meridian Rd.,an arterial street,exists along the east boundary of the site. Existing Arterial Sidewalks/Buffers There are no existing sidewalks or buffers on this site. Proposed Road Improvements None Proposed Road Improvements Meridian Rd.is required to be improved with 17' of pavement from centerline with a 3' gravel shoulder and 10'wide detached sidewalk. Fire Service • Distance to Fire Station 1.4 miles(Station#5) • Fire Response Time Meets standards • Resource Reliability 81%(meets goal) • Risk Identification 2(current resources are adequate) • Accessibility Meets access requirements • Special/resource needs Requires an aerial device(can meet this requirement) • Water Supply 11111kMM 1,000 gallons/minute for one hour(less if building is sprinklered) • Other Resources Police Service No comments received West Ada School District No comments received Distance(elem,ins,hs) Capacity of Schools #of Students Enrolled Wastewater _ • Distance to Sewer Services Available at site • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan Page 2 • Impacts/Concerns • Flows committed • See Public Works Site Specific Conditions in Section IX.B. Water • Distance to Services Available at site • Pressure Zone 2 • Estimated Project Water ERU's See application • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B. C. Project Maps Future Land Use Map Aerial Map Legend � Legend 0Praject Lccaiion Projeci Laca-flon 6 BEE I�hIJ- LLTM1�1lr°AIU RCS J��p a•r.�s. ` l sld�al di M[EHig ensih id i Jl x Zoning Map Planned Development Map Legend Legend Project Lccaiion Project Lucai�on City Lin- A U R1 e R - — Planned Parcels -C C C- RUT --- -- e M R-In o R - Page 3 III. APPLICANT INFORMATION A. Applicant: Benjamin Semple,Rodney Evans+Partners,LLC— 1450 W. Bannock St.,Boise,ID 83702 B. Owner: Eric Scheck, TeAmo Despacio, LLC— 1020 N. Hickory Ave., Ste. 200,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 4/2/2024 5/19/2024 Radius notification mailed to property owners within 300 feet 3/29/2024 5/17/2024 Public hearing notice sign posted 4/5/2024 5/24/2024 on site Nextdoor posting 3/29/2024 5/17/2024 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. A future park is also designated on the FLUM on this property in this general area. The purpose of this designation is to preserve and protect existing and future public neighborhood, community,regional, and urban parks. The Parks Department has determined it's not feasible for a park to develop on this site. The subject property is part of a slightly larger enclave surrounded by single-family residential properties on land also designated MDR on the FLUM. The Applicant proposes to develop 54 single-family residential detached homes on the property at a gross density of 3.87 units per acre,which is at the low end of the density range desired in the MDR designation but is generally consistent with the density of surrounding developments. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. The MSM designates Meridian Rd. as a residential arterial with 3-lanes within 78' of right-of-way. ACHD is requiring Meridian Rd. to be improved with 17' of pavement from centerline, a 3' wide gravel shoulder and a 10' wide detached sidewalk abutting the site as shown on the plat and landscape plan in Section VIII. Transit is not available to this site. 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, which will contribute to the variety in housing types in the general vicinity. Page 4 • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "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 generally provides a good transition in density and lot sizes to abutting lots at PI and 2:1 ratios; however, there are a couple of areas (Lots 7-9, Block 2 abutting Lot 10, Block 49 in Paramount#21 and Lots 10-12, Block 2 abutting two lots in Bordeaux Estates to the south)where 3 lots abut 1 lot. The lots in these areas should be revised(or lots removed) to reflect a maximum 2:1 ratio. FYI` EE LW f LW • "Encourage compatible uses and site design to minimize conflicts and maximize use of land."(3.07.00) The proposed and existing adjacent uses are all single-family detached homes of similar sizes and lot sizes, which should reduce conflicts and maximizing use of land. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) Development of the subject property, which is part of a slightly larger enclave area, should not negatively impact abutting existing development as like uses and a good transition in lot sizes is proposed with the exception noted above. (This development is not downtown) • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) There are no pedestrian pathways stubbing to this property from adjacent developments other than sidewalks along existing stub streets to this property. These sidewalks will be extended with development for pedestrian connectivity between developments. Page 5 • "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. • "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 two (2)access points on N. Meridian Rd.for this property. With development, both of these accesses will be closed and access will be provided via local streets within the development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of most of the infill area in this location will contribute to maximizing public services. In summary, Staff finds the proposed development is in general conformance with the Comprehensive Plan per the above analysis. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 13.94-acres of land with an R-8 zoning district for the development of 54 single-family homes at a gross density of 3.87 units per acre,which is consistent with the MDR FLUM designation as discussed above in Section V. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is an infill property within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed(see Section VIII). Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the subject property develops as proposed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 54 building lots and 6 common lots on 13.94-acres of land in the proposed R-8 zoning district as shown in Section VIII.B. Proposed lots range in size from 5,420 square feet(s.f.)to 15,482 s.f.,which will accommodate the variety of dwelling sizes proposed ranging from 1,574 to 3,195 s.f. The subdivision is proposed to develop in one (1)phase. The Applicant has been in discussions with the adjacent Paramount Subdivision Homeowner's Association (HOA) to include the proposed development in their HOA and be subject to their CC&R's and development guidelines to enrich property values and cohesiveness with surrounding homes. HOA dues would apply to the maintenance and operation of the existing common areas and amenities in Paramount Subdivision, which would allow residents of this development to use those amenities and common areas. Likewise, Paramount residents would also have access to use Pebblebrook's common Page 6 areas and amenities. A final agreement of these terms has not yet been reached as discussions are on- going, the HOA wants to see if the project is approved by the City before officially making a decision. Existing Structures/Site Improvements: There are two(2)existing single-family homes and associated outbuildings on the property that are proposed to be removed. Prior to the City Engineer's signature on the final plat,all existing structures shall be removed from the property. Dimensional Standards(UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table I1-2A-6 for the R-8 zoning district. The proposed lots comply with the dimensional standards of the district. Road Improvements: ACHD is requiring Meridian Rd.to be improved with 17' of pavement from centerline with a 3' gravel shoulder and 10'wide detached sidewalk;only 6' of pavement and a 3'wide shoulder is required at this time—curb and gutter will be added later when Meridian Rd. is fully expanded(see Detail 2 on Sheet PP.1 below). Access: Access is proposed via the extension of existing local streets(N. Garbo Ave.) at standard street sections at the north and south boundary of the property; local public streets are proposed for internal access.No access is proposed or allowed via N. Meridian Rd.A stub street is proposed to the County parcel at the northeast corner of the property for future extension. Bulb-outs are provided along Gleason Street as traffic-calming in response to ACHD's comments requiring Gleason Street to be redesigned to reduce the length or include passive design elements. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required along N. Meridian Rd.,an entryway corridor,measured from the ultimate back of curb. A 47.5' wide buffer is proposed as shown on Detail 2 on Sheet PP.1 of the plat, as follows: 47.5Y LAW SOME BUFFER MEASURED FRDM EUILD4 W TBC 27WOMMONLOr � dOWRALF'MOTHROW � as,on 23,W BUILD OUT TBC TO CAL z,aa ,Bar ON' 77.W PAVEMENT ' r 4W 311Y Ear EXISTIW J PAVEMEFrr=9 COWRETESIDEWALN PER DRJdfadP WINDOW J --- AIdiQST'B,dhC S6709 ,,F=�1 AN FOR MATIONS FUTURE BUILD-OUT CUMe Lpr,ATM N. Meridian Rd. Widening 2 PP-1 Landscaping is required to be provided within the buffer in accord with the standards listed in UDC 11- 3B-7C.3,including the standards for entryway corridors. The proposed buffer incorporates a berm with a maximum 3:1 slope,a wrought-iron fence at the back edge of the buffer, landscaping and boulders within the planter areas in accord with these standards.If the unimproved street right-of-way is ten (10)feet or greater from the edge of pavement to edge of sidewalk or property line,the developer is required to maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover; the landscape plan should be revised accordingly. The landscape plan depicts landscaping along pathways within the site in accord with the standards listed in UDC 11-3B-12C. There are a lot of existing trees on the site,totaling 844 caliper inches,that are proposed to be removed as they were determined to be in poor condition by the Applicant's arborist(see arborist report and Sheet L1.6 of the landscape plan). The remaining trees,totaling 158 caliper inches, are required to Page 7 comply with the mitigation standards listed in UDC 11-3B-1OC.5. Additional trees are proposed in accord with the required standards. Common Open Space& Site Amenities(UDC 11-3G-3): Based on the standards in UDC Table 11- 3G-3, a minimum of 15%(or 2.09-acres)of qualified open space is required to be provided within the development. An open space exhibit was submitted as shown in Section VIII.D,that depicts 16.16%(or 2.25-acres) of open space that meets the required quality and qualified open space standards. Based on the standards in UDC 11-3G-4A, a minimum of two(2)points of site amenities are required to be provided. Two (2) sports courts(pickleball) (8 pts.)and(2)dog waste stations(1 pt.)are proposed, which total 9 points, exceeding UDC standards. Per the standards for such in UDC 11-3G-4C,dog waste stations are installed in the ground fixtures with waste disposal bags and trash receptacles; and sports courts are required to have markings and include benches for seating.Details should be submitted with the final plat application that demonstrate compliance with these standards. Pathways: No multi-use pathways are depicted on the Pathways Master Plan on this property. Sidewalks (11-3A-17): Five-foot wide attached sidewalks are required along internal local streets and detached sidewalks are required within street buffers along arterial streets per UDC 11-3A-17. For public safety,Staff recommends a 10-foot wide detached sidewalk is required along N.Meridian Rd.,an arterial street,as a provision of the development agreement as proposed on the landscape plan. 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. On-street parking is also available on both sides of the street. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant's narrative states all existing perimeter fencing will either be retained and protected or replaced,and the developer will coordinate with all affected neighbors. The landscape plan depicts a 5' tall open vision wrought iron fence at the back edge of the street buffer along N. Meridian Rd. and adjacent to internal common open space areas; and a 6' tall cedar privacy fencing is proposed along the northern boundary of the site abutting the County parcel.Fencing appears to be missing in some areas adjacent to common open space areas; fencing should be provided to distinguish common from private areas in accord with UDC 11-3A-7A.7a. Waterways: The Knight Lateral crosses the eastern portion of this site within a 20-foot wide easement through common area as depicted on the plat. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. The Applicant's narrative states the Paramount HOA has agreed to allow the project irrigation system to connect to the Paramount Subdivision pressure irrigation system;therefore,the site will transfer its water rights to Paramount Subdivision and the site will utilize the existing Paramount Subdivision irrigation pump system. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Evaluation and geotechnical groundwater monitoring report was submitted with this application. Page 8 Building Elevations: Five(5)conceptual building elevations were submitted for the proposed 1-and 2- story homes with 2-and 3-car garages as shown in Section VIII.E. The homes are craftsman style with building materials consisting of a mix of board and batten siding, lap siding and optional masonry accents. The Applicant clarified that"optional"masonry accents depicted on the elevations is incorrect— all homes will have masonry accents consistent with the Paramount architectural guidelines. To ensure this for a higher quality of development, Staff recommends masonry accents are required on all structures in the development. The Applicant's narrative states the architecture and materials of the proposed homes will conform to the Paramount Architectural Design Standards,which include specific provisions regarding the exterior elevations,colors, accent materials, lighting, fencing and landscaping. Further, each floor plan will have multiple elevation designs with a variety of roof configurations(i.e.hip vs. gable)to provide more articulation and diversity from the street in addition to multiple color scheme choices. Design review is not required for single-family detached structures. However,because the rear and/or sides of homes facing N. Meridian Rd. will be highly visible, Staff recommends a DA provision requiring those elevations 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 adjacent public streets.Single-story homes are exempt from this requirement. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and combined 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 18t1i.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: Ben Semple,Rodney Evans+Partners (Applicant's Representative) b. In opposition: Andrew Pietella,Patrick Murphy,Zachary Tanis,Lee Cooper,Christine Huber Arnold,Lori Billaud(representing Cheryl Heard),Fernando De La Noche, William Gillen,Bob Beckman,Jamie Lajoie C. Commenting: Kyle Loveland,Don Doss(President of the Paramount HOA),June Gouvaia(voicemail) d. Written testimony: Ben Semple(Applicant's Representative)—in agreement with staff report conditions e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Not in favor of plat as proposed; opinion the density is too high and not consistent with that in Paramount Subdivision; b. Concern pertaining to the impact of traffic generated from this development on internal streets in Paramount subdivision. c. Request for construction methods/materials to match those in Paramount Subdivision. d. Not in favor of this development being part of the Paramount Subdivision HOA as it's not the same quality of development and opinion that it will bring home values down. e. Concern pertaining to overcrowding in area schools. 3. Key issue(s)of discussion by Commission: Page 9 a. Clarification that if this development isn't included in the Paramount Subdivision HOA, it can still stand on it's own so far as meetin the he City's development requirements. b. No concerns pertainingto o capacity at area schools as there are several private schools in addition to public schools in this area that will assist in serving this development. c. Opinion the proposed subdivision is thoughtfully laid out with a maximum 2:1 transition in lots on the perimeter boundary,has good walkability and nice open space that exceeds the minimum standards. 4. Commission change, (s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on June 4,2024. At the public hearing.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Ben Semple,Rodney Evans+Partners (Applicant's Representative): Sally Reynolds. Joe Weeks b. In opposition: Lori Billaud C. Commenting: Laura McDermott,Ramont Turnbull d. Written testimony: Ben Semple,Rodney Evans+Partners(Applicant's Representative) —in a2reement with the Commission's recommendation. Geoffrey Wardle.Aleksv Bobodzhanov(voicemail).neighbor(voicemail).Lee Cooper,Dawn Duckworth. e. Staff presenting application: Sonya Allen f Other Staff commenting on application: Steve Siddowav 2. Key issue(s)of public testimony: a. In support of the proposed density,rather than a higher density: appreciation for the Applicant working with the Paramount neighbors in an effort to have a more cohesive development: in favor of the proposed transition in density. Request for construction traffic to enter the site from Meridian Rd.rather than from internal residential streets. b. In opposition to the proposed development due to school overcrowding and incompatibility with the lot sizes and homes in the surrounding Paramount Subdivision: request for a better(i.e. 1:1)transition to existing lots. 3. Key issue(s)of discussion by City Council: a. The possibility of revisions to the plat for a better transition(i.e. closer to 1:1) in lot sizes to existing lots in Paramount Subdivision along the southern boundary of the subdivision. b. The Park designation on the Future Land Use Map contained in the City's Comprehensive Plan on this property. 4. City Council change(s)to Commission recommendation. a. Council included a new condition for the Applicant to revise the plat to remove two(2) lots along the south side of W. Gleason St.—one east of N. Garbo Ave. and one west of N. Garbo Ave.—as offered by the Applicant fcondition.#A.2c). Page 10 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map Legal Description Pabblebrook Subdivision —Annexation A parcel located in the NE '/, of Section 25. Township 4 North. Range 1 West Boise Meridian. Ada County, Idaho. and more particularly deecrlbed as follo" Cornmer cEng at a Brass Cap monurnent marking the southeast corner of said NE Yj,,from whicr. a BraT,5 Cap rnonurnent marking the nontwast comer of said NE'/4 hears N 0"24753"E a dicta nce of 2661 OF fee'. Thence N 0'24-53'E along the easterly boundary of said NE f, a distance of 2e9.30 feet to the POINT OF BECMNNING: Thence Ieaviing sad easterly bDui-NJary of the NE %and along the nodherly boundary end the projaaion tftarricf of Paramount Subdivision No 21 ee shaven in -Book 105 of Plata on Pages 1423E ahrough 14240, and the easleely bowndory of Perarnount Su"vision No. 22 as shown in Bock 105 of Flits an Pages 14312 through 14,314,reoords of 4 9 County, ldatro. N 70'41'29"VY a distsmee of 1439 48 fee to a poet on the ee6tedy boundary of said Paramount Subdivision No. 221, Thence along said eai tWy bDundaay N (Y02'46"W a distance of 334.37 feet to a point on ttre southerly boundary of Paramaurn Subdivrawr4 No. 24 as efiown. in Book 107 or P1als on Pages 14797 through 14799, records of Ada County. Idaho_ Thence along said soultwly I:�Oundary and Me souftfty boundary or Pararri aunt Subd3)mmn No 27 as shown in gook 108 of Plats un Pages 15046 Vrrough 16048.records of Ada County+. Idaho, S 78'2646"E a distance of 962.67 feet to a point; Thence canbnuirrg Wong void sorffierly boundary of Paramount Subdivision No. 27 and Ule projecbw ftreof S 89"360T E a dislande-of 420.08 feet to a point on the saswdy boundary of ,said NE of Section 25. Thence along said easterly boundary S 0'24'53" VV a distance of 614.49 feet to the POINT OF 15EGINNl NO_ This parcel contains 13.94 acres and to Subject to any ea5+ereen:s exm6rig or in use. Clinton 1, -Hansn, PLS 113Lkpk LA No LoMd$alurlons, PC `g q;raiSTit February B, 2024 r of N w t� La171d 014J1lons *ft.�s�s �paaMbroJob eacasw5 mn.r+r w cM�w.y xa Page 11 PEBBLEBROOK SUBDIVISION - ANNFXATIGN EXHIBIT — --C CAT ED IN THE NE 114 OF SECTION 25 TOWN S Ffl P 4 NORTH, RANGE t WEST. 8M ADA COUNTY, IUAHO 2# 19 1[ CIII W BL1+D �5 � s+UaA I , 27 a ? JHPLATTM I � f S891TVE 4MVP � I I 4 r I � L4x PARCEL �R0� ur.,T� 51 26r4RW0 } TO-AL AREA = {J '3,94 . RES �l -►x PARCEL 14 ' I ! a UNPIXTFa or BEOWNG �S 30 f, ter} ti s r ,� II �LA"n lutions Surveying and Consulfing aa;ae�r: ,.T.4i9afa�5w Page 12 B. Preliminary Plat(dated: 4 4/l 7/24) -REVISED ir-Lgga x2gar gtiigqwiaae F�;;� 3 �8g� aadee8i a� 4�9oe s i e l B a ; � �€� flilliflifllfi� �I lEl ll��l E 3 I a g �1ij zo -a - f �I �d a a aaaa�gP4 � a�0lll.-Illlm�l.�IIII ICI �,L III�II--�'�-'-?� � -' •;' �� 1Ej ��sere gg5@leas _ x 19 : m LLU IU o IL wt 6 Jill ill �. :_. JW,q mrfl �; R Q 11 � g� URI` I11° WEE W � pp P q3q3 A ��`� � �•__ s ;� fit.. a g ion `g;J� i I §'J5 • i scp � .. I Page 13 C. Landscape Plan(dated: 2/13/2023)—REVISED cvoe Nvilikeig N 6411 I------ -----------I !I! Jf.V J H W IN N ---------- ---------- ............ j L---- 4� ---------- I r ----------- Di S. -4+4 Page 14 PROJECTINFORMATION � LANDSCPPE REOUIRFAffMS i Q o , •. , - _......-ohm o = I IEPHill i OVERALL PRELIMINARY PLAT LANDSCAPE PLAN "" 't - �L1.0 3 a x O � r �i \ r x ® a,.m,o_ f / B r _ / � � �• is�'� o r, ANIPRELIMINARY PLAT LANDSCAPE PLAN-AREA ONE S* Page 15 NREA �' \KEYMAP IFNOSCPPE IEG@1D r. r t .__ \ # Q rEeewM �smuuax iELIQ om�ew i z mo'.EMwrs /Al!PRELIMINARY PLAT LANDSCAPE PLAN-AREA TWO r� � FRFA .THREE- AKEY MAP VJiD301PE LEGEND wen...w CPLLgR NOlE3.=OE!`� v � / u II_ r i � e i 'ti 1 v I re I II II Mpg f 8 II y� 3 g ilk PRELIMINARY PLAT LANDSCAPE PLAN-AREA THREE Page 16 �yWROUGHT IRON FENCE (PLANTER BED CUT EDGE L+J�TYPFCALaTTFtEES-fR-T[TR�AFFET75� -..P•.�.•m.-�^�.•-...�.=-^-•pa..^ 4„QECIDLlOUS MV No,��Y��� .^•':"m.,.^�a•^e•®^ -� '..'"..""'" CEDAR FENCE �GROUNQCOVER PLANTING �w r_� �� v�.M. dam.•, � .�T• .a,..........�e--...p •esp. �� ROM- 'Te �1 SHRUB PLANTING �c1CDNIFEROUS TREE PLANTING �QDGIPOTm PET STATION .r _ L7.5 Page 17 Tree Mitigation Plan: 64 s �e 111 H � 1i��' �i F iE �!plp�s��s�l�ulylEl�II�I s p€"yR�� 1 lop tt g� eeeeeee....eeee��e P fi L_ w Arborist Report: https://ep1anreview.meridiancity.orb/ProiectDox/ActiveXiliewer.aspx?FilelD=1026739 Page 18 D. Common Open Space& Site Amenities Exhibit 4 z w w �o CYLLI Z of w ———- Il � g. co 0 � r—r r--1 r--1 r--1 r— r--1 r-- / r------7 z WQ ow U UQ ¢ g4 Il a3 i gg I II I z a 9LL InZy L_JL_JL_JL-JL-JL_JL�� coV! T HE y w 2' H ` ! z w aLL tl zNz 0¢m w O wl � h i r�i I �r r— r—�I rV — r— w 0gaQ p bj z w ZWi ;I I;I ;ILID � / w p u LL i o �5 _JL—JL_JL_JL—J _ OoI,z Q N __j LLJ Q J z 00 !! z =moo X—¢ ,wow CO ZY6 Lu a-0Oz f ! 1 Oo- Q f r ¢mw Lu oa_co z - � ICI ICI ) ! r ICI 1 -------J i L----�� Page 19 E. Conceptual Building Elevations - -—————————— ---------------- 1313 — -------— --------- ------- --------IN,, Hlri ------------- VFMIBN PLPPR -3-C GARdGE ----------- ----------------A TOP RATE�GOT. ------------------ ----------------- L L ---------—-------—--- EU d-------------------- mt --------------- eIZ IW-SP.4 ISATr a OL - am AM C LB Ab fiR[CW-c TOP PLATE gi 4 Imn . . . . . . TOP RATE -—————————————---— AD N DIIX 0 0 0 I'D C tAM -------------- -------- - O"40..ft ----------------------- W1 & , - ri SUM A NoW A SMX s&-WO- Come OPT-S-CAR OARAOa N'AT COWN IIMI MLWTLD' OPT.MASON —" "Q n WALL AND kV At A.1 11--AT Cp...w Page 20 IW4'GABLE vEW TIII QI 0EE PH-IL 4'—R TRIM :4"�K�PlLAL flRG ftal� S-W, FINIBN FLOOR 6/7 6/2 TOP PLATE --------------- --------------- —L"6 F. eEE AS PET.rL---, 'I------------------ Maeoeler AO C, T11 ---------------- OrT,3-CAR rlAp�lr AO 011IIII COFI ------ ------4 le'AT cgaffRB Ti=. �Ew, . . . . . . . . TT — . . . . 41"WEIR ■ el X±Aw WIN' FOORW A*MUD- =FLArE....... Lap TAL ---------------------- ------- --- 0 0rr ---OK.w1ofte As Smix 61 TZ El El - --- ---------------------- ------- ---- -* II rr ---------————---- ttAe .I TO P09W WALL AND IIIIIIII 017AIL m SI- §M=D- RI W&L Apo W.AT Om 3-CAR&AFI W47del uIIPAP to We, WILICMDO w. Nd caR Note: Masonry accents shall be provided on all front elevations. Page 21 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. A final plat application shall not be submitted until the annexation is finalized. 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. The DA shall,at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. Provide a 10-foot wide detached sidewalk within the required street buffer along N. Meridian Rd. as proposed. c. All homes within the development shall include a mix of materials, including masonry accents, as proposed by the Applicant. d. The rear and/or sides of homes facing N. Meridian Rd. shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop- outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 2. The final plat submitted with the final plat application shall include the following revisions: a. Include a note stating direct lot access via N.Meridian Rd. is prohibited. b. Revise the configuration of Lots 7-9,Block 2 (abutting Lot 10,Block 49 in Paramount#21)and Lots 10-12,Block 2 (abutting two lots in Bordeaux Estates)to reflect a maximum 2:1 ratio. c. Remove two (2)lots along the south side of W. Gleason St.—one east of N. Garbo Ave. and one west of N. Garbo Ave. in an effort to provide closer to a 1:1 transition to existing adjacent lots in Paramount Subdivision. 3. The landscape plan submitted with the final plat application shall include the following revisions: a. Depict lawn or other vegetative groundcover on the east side of the sidewalk along N. Meridian Rd. as set forth in UDC 11-3B-7C5,which states, "If the unimproved street right-of-way is ten (10)feet or greater from the edge of pavement to edge of sidewalk or property line, the developer is required to maintain a ten foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover." b. Depict fencing abutting all pathways and common open space lots to distinguish common from private areas in accord with UDC 11-3A-7A.7a. 4. All irrigation ditches crossing this site shall be piped or otherwise covered as set forth in UDC II- 3A-6B.3. 5. With the final plat application, include a detail for the dog waste stations and sports courts that comply with the standards for such in UDC 11-3G-4C.Dog waste stations are required to be Page 22 installed in the ground fixtures with waste disposal bags and trash receptacles; and sports courts are required to have markings and include benches for seating. 6. A minimum of 2.25-acres of qualified open space shall be provided within the development in accord with the open space exhibit included in Section VIII.D. 7. Prior to the City Engineer's signature on the final plat,all existing structures shall be removed from the property. 8. Approval of the 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. 9. Staff s failure to cite all relevant UDC requirements does not relieve the Applicant from compliance. B. PUBLIC WORKS https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=341430&dbid=0&repo=MeridianCitX C. FIRE DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=341460&dbid=0&repo=MeridianCitX D. PARK'S DEPARTMENT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=344176&dbid=0&repo=MeridianCitX E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.or,g/WebLink/DocView.aspx?id=343172&dbid=0&r0o=MeridianCitX F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=341600&dbid=0&repo=MeridianCitX G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancitE.org/WebLink/DocView.aspx?id=341434&dbid=0&r0o=MeridianCitX H. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=344162&dbid=0&r0o=MeridianCitX I. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=345969&dbid=0&repo=MeridianCitX Page 23 X. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 3.87 units per acre 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 R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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 single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. Comments were received from WASD on this applications due to the fairly small number of lots proposed, the impact should b is minimal at an estimated 17+/-school aged children for the development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The 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 ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 24 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 right-of-way dedication for the expansion of N. Meridian Rd. is in conformance with the IFYWP to widen Meridian Rd. to 3-lanes from McMillan Rd. to SH-20126 (Chinden Blvd.) is in conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 25 W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2465: A Resolution of the City Council of the City of Meridian to Adopt 2025 Initial Point Gallery Schedule; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2465 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,AND WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE 2024 INITIAL POINT GALLERY SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Meridian City Code sections 2-2-2(A)(2)through (4) charge the Meridian Arts Commission with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, fostering the development of a receptive climate for the arts, and advising the City Council on the aesthetic aspects of works of art to be displayed by the City of Meridian; WHEREAS,the City desires that public art will be a component of Meridian City Hall, and to that end, the Meridian Arts Commission issued the Call to Artists seeking proposals for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission reviewed all responses submitted to the Call to Artists, selected artists whose works are appropriate for display in Initial Point Gallery based on their respectively submitted proposals, including images set forth in Exhibit A, and recommends to the Meridian City Council that such artists' work be displayed in Initial Point Gallery in 2024; and WHEREAS, the Mayor and City Council find that display in accordance with the proposed 2024 Initial Point Gallery Schedule, as set forth in Exhibit A, will serve the best interest of the people of Meridian and visitors to Meridian City Hall; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the proposed 2025 Initial Point Gallery Schedule, attached hereto as Exhibit B, as may be amended or supplemented by the Arts and Culture Coordinator from time to time, as necessary, is hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That the Arts and Culture Coordinator is hereby authorized to invite the artists enumerated on the 2025 Initial Point Gallery Schedule to display their work in Initial Point Gallery, subject to terms and conditions of a written agreement to be negotiated by the City Attorney's Office. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION ADOPTING 2024 INITIAL POINT GALLERY SCHEDULE Page 1 ADOPTED by the City Council of the City of Meridian, Idaho, this 13th day of August, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 13th day of JAugust, 2024. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION ADOPTING 2024 INITIAL POINT GALLERY SCHEDULE Page 2 EXHIBIT Initial Point Gallery 2025 Schedule, Approved by MAC on 7/ 11/24 February , 2025 Inverted Color: Devon William Smith, Rachel Reynolds, Gregory Ahley ebruary Newman, Mary Ann Fraser and Leslie Jay Bosch (3D) 7 'FK f A" Fm—[S—e 24 x K Digital Phu(.graphy `� •- -, - t ,:_y Land Lines : StephanieMarch 4 2024 March 28 2024 Antonia Hedrick, Beth Trott, and i F ram. s 1• .�-aR�a'.s�.w,.;1°'w,. .=.:ice..._.. ._.. April 1 202 - Of Leaf and Petal: Claire Remsberg, Jessie Swimeley, April22- 52025 Cindi Walton, Jill Storey, Mary Arnold, and Suzi Butler (31D) AfF t: fat, • is �� •'�'• � -- � — -?r�...e r 9 . • ' • . • • dr May 21 2025 Rodeo, An Idaho Icon A Boise Open Studios Collective Organization u ust1 2025 ( Bosco) u V - f 7 AWM Ti. Note: Images shown are from BOSCO s previous Ballet Idaho collaboration exhibit at Initial Point Gallery in 2024— 2025 images would be rodeo themed Myths and Morals: Auqust % Brecken Bird i, Nkita Budkov, August and Reba Robinson (3D yyI � O September - Large Men with Small Brushes: October 31 2025 Scott Muscolo, Roy Gover, Hugh Mossman, Dennis Hazlett, Don Belts, and Andrew Forbes (3D) JR I y {'3 `� r 16Z ! •- " ` ,- �. ...L+.-�1 ,r Y . r F �• —� � is - I�i� -I I 1Rt �,.: �dqs s November 5 2025 - Rock, Paper, Scissors, Wood Elizabeth Hilton, Stephen Purcell, Jennifer Moramarco, November Rick Newman, and Betty Hayzlett (3D) Id ,w A . � � December 2 2025 Purple Plus : January 30 2026 Treasure Valley Artist Alliance R IP , 5. 4 �. .��. ]• A., w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2467: A Resolution of the City Council of the City of Meridian Revising the Public Works Design Standards for the City of Meridian; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2467 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN REVISING THE PUBLIC WORKS DESIGN STANDARDS FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority to provide the development community in the City of Meridian with information,process,and standards for design of City infrastructure for both public and private development within the city limits; and, WHEREAS, on May 24, 2016 the Public Works Design Standards were presented to the Mayor and City Council and adopted with Resolution No. 16-1144; and, WHEREAS,on May 14,2019 revisions to the Public Works Design Standards were presented to the Mayor and City Council and adopted with Resolution 19-2142; and, WHEREAS, on July 23, 2024 revisions to the Public Works Design Standards were presented to the Mayor and City Council; and, WHEREAS, the purpose of the Public Works Design Standards is to provide guidance in order to maintain standards and best practices in accordance with the City of Meridian's ordinances, policies, practices, specifications, and standards; and, WHEREAS,the City Council may adopt policies and standards and incorporate changes as needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works Design Standards be revised, a copy of which is attached to this Resolution and incorporated herein by this reference. Section 2. That the revised Public Works Design Standards shall become effective September 16, 2024. ADOPTED by the City Council of the City of Meridian, Idaho, this 13th day of August, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 13th day of August, 2024. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk RESOLUTION REVISING PUBLIC WORKS DESIGN STANDARDS FOR THE CITY OF MERIDIAN-AUGUST 2024 1 C E IDIAN?t� Public Works I D A H O Department DESIGN STANDARDS ENGINEERING DIVISION 33 EAST BROADWAY AVENUE, SUITE 200 MERIDIAN, ID 83642 September 2024 2 -Table of Contents - Section 1 Definitions ............................................... 1 Section 2 General Design Requirements ........................ 3 Section 3 General Plan Requirements ........................... 9 Section 4 Domestic Water Supply System ....................... 13 Section 5 Sanitary Sewer System ................................. 21 Section 6 Street Lighting ........................................... 33 Section 7 Grading and Drainage .................................. 44 Section 8 Pressure and Gravity Irrigation ........................ 47 Section 9 Class A Recycled Water S. ste (removed).......... 50 Section 10 Streetscapes .............................................. 51 Section 11 Landscaping .............................................. 56 Section 12 Waterways and Floodplains .......................... 57 September 2024 0 OVERVIEW PURPOSE The purpose of this document is to provide the development community in the City of Meridian with information,process and standards for design of City infrastructure for both public and private development within the city limits. Design guidance is provided in order to maintain standards and best practices in accordance with the City of Meridian's ordinances, policies, practices, specifications and standards. SCOPE This document provides minimum design standards and guidelines for development-related infrastructure. Standards are required provisions, and are identified with language such as "shall", "must", and "required" or "prohibited". Guidelines are voluntary provisions identified with language such as "should", "recommended", or"encouraged". These standards and guidelines are intended to supplement other applicable regulatory agency standards. These design standards and guidelines address the following elements for new development: • General Requirements applicable to all projects (Sections 1 through 3) • Utilities • Domestic Water Supply System(Section 4) • Sanitary Sewer System (Section 5) • Pressure and Gravity Irrigation(Section 8) • Class A Recycled Water System(Section 9) • Site Design • Street Lighting(Section 6) • Grading&Drainage (Section 7) • Streetscapes (Section 10) • Landscaping(Section 11) • Waterways and Floodplains (Section 12) This document is intended to be used in the development of plans and specifications, in conjunction with the Idaho Standards for Public Works Construction(ISPWC),the latest edition of the Meridian Supplemental Specifications to the ISPWC, and other applicable standards identified in this document for the various elements. Any review by the City of Meridian is for the purpose of ensuring general conformance to standard practices, and does not constitute an engineering review of project plans and calculations or certification of compliance for work installed. The submitting design professional is solely responsible for the design and work installed. -END OF SECTION- September 2024 1 SECTION I When the following terms or titles are used in these Standards or in any document or instrument where these Standards govern, the intent and meaning shall be as herein defined below. 1-1 DEFINITIONS: Best Management Practices (BMP's)—Shall mean schedules of activities, prohibitions of practices,maintenance procedures,and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. City Engineer — Shall mean the Engineering Manager/City Engineer of the City of Meridian Public Works Department or his/her designee. City Specifications — Shall mean the latest edition of the City of Meridian Supplemental Specifications to the Idaho Standards for Public Works Construction(ISPWC). Construction Division — Shall mean the inspection services workgroup of the City of Meridian Public Works Department. Consulting Engineer — Shall mean any person, firm, partnership or corporation legally authorized to practice engineering in the State of Idaho who prepares land development/improvement plans and specifications for work within the City of Meridian. City of Meridian Standards—City Standards include this document, City Ordinances, the UDC and other documents used to establish standards for the City of Meridian. Design Professional—Any individual that is legally authorized/ licensed to conduct work and prepare plans or reports related to their area of expertise. Developer— Shall mean any person, firm, partnership, corporation or combination thereof, principally responsible for a land development/improvement project. Development— Shall mean any act or process that changes the use or purpose of a parcel such as land grading,utility installation, street or building construction. Civil Engineering Plans Examiner — Shall mean Development Services personnel responsible for plan review. Development Services — Shall mean the Land Development Section of the Community Development Department of the City of Meridian. Downtown Meridian Redevelopment Area — Shall mean the area bounded by East 3rd Street, East Ada Avenue,North Meridian Road, and East Fairview Avenue. Drinking Water Act — Shall mean the 1974 Environmental Protection Agency Drinking Water Act, (42 U.S.C. 300f-300j-9)plus amendments. Section 1— Definitions September 2024 2 Engineering or Engineering Division—Shall mean the Engineering Division of the City of Meridian Public Works Department. MCC—Meridian City Code Project Inspector—Shall mean the Public Works Inspector of the City of Meridian assigned to the project or his/her designee. Recycled Water—Refers to Class A reclaimed/recycled water that is provided by the City of Meridian. Single Point — The secondary irrigation system connection from the City's domestic water system for shoulder season use (see MCC 9-1-28 Section C-1). State Standards — Shall mean the latest edition of the Idaho Standards for Public Works Construction (ISPWC) and the Idaho State Standards governing water, wastewater and recycled water systems. Streetscape—In the city core (see drawing 10-A in section 10), that portion of the right-of- way adjacent to the roadway, between the back of curb and face of building. Waters of the United States — Shall mean any waters defined by Title 40 of the Code of Federal Regulations, Part 230.3 (s). -END OF SECTION- Section 2—General Design Requirements September 2024 3 SECTION 2 GENERAL DESIGN REQUIREMENTS 2-1 SECTION SUMMARY: This section contains general guidance and requirements for the steps involved in starting a construction project and continuing all the way through to completion. 2-2 APPLICABLE STANDARDS: The current requirements of the following agencies and/or codes shall apply to general design requirements. Conflicts between these requirements and the agencies and documents listed below shall be resolved on a case-by-case basis. A. State of Idaho, Department of Environmental Quality(IDEQ) B. State of Idaho, Central District Health Department (CDHD) C. International Building Code D. National Electrical Code E. International Fire Code F. Idaho State Plumbing Code G. Idaho Standards for Public Works Construction (ISPWC) H. City of Meridian Supplemental Specifications to the Idaho Standards for Public Works Construction ("Supplemental Specifications" or "City of Meridian Supplemental Specifications") I. Meridian City Code (MCC) - Title 8 "Public Ways and Property" 2-3 ENGINEERING REQUIREMENTS: All plans and specifications for land development/improvements which are to be owned and operated by the City shall be prepared, sealed and signed by the appropriately licensed Design Professional. 2-4 PLAN REQUIREMENTS: All plans for the construction of water, sewer, recycled water, street lights and irrigation infrastructure to be owned by the City must be submitted to Development Services for review and approval. 2-5 INITIAL DEVELOPMENT/IMPROVEMENT OR UTILITY PLAN SUBMITTAL REOUIREMENTS: The initial submittal of development, utility improvement or capital improvement project plans shall consist of the following (if applicable): A. One electronic version in PDF format, and one electronic version in AutoCAD format(as per the City of Meridian—Public Works CADD Specifications for Project Drawings); along with any specifications, computations, test data, and/or other site- specific materials requested by Development Services to adequately review the proposed project. B. One (1) copy of the final plat (minus signature sheets) digitally included with each set of plans. Section 2—General Design Requirements September 2024 4 C. One (1) copy of each letter from any utility company affected by any water and/or sewer mains outside of the standard corridors. Plans may be submitted without a utility company waiver for out-of-corridor utilities. However, letters from utility companies approving out-of-corridor utilities must be provided prior to plan approval by the City of Meridian. If the applicant is unable to acquire a response from a utility company, they may contact ACHD for approval to construct the utilities out-of-corridor. If ACHD approves, the City must receive a copy of the ACHD approval before City of Meridian' plans will be approved. D. One letter stating whether or not any wells exist on the site being developed, and if so,what will happen with the well through the development of the project (e.g. will the well be abandoned or utilized for irrigation). 2-6 DEVELOPMENT/IMPROVEMENT OR UTILITY PLAN RE- SUBMITTAL: One(1)PDF shall be returned for review and/or approval. 2-7 DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW: All development/improvement or utility plans containing construction of or modifications to water systems, sanitary sewer systems, or recycled water systems require a review for compliance with state regulations. If the Developer wishes to use the City's Qualified Licensed Professional Engineer (QLPE) review service to conduct the required Idaho Department of Environmental Quality(IDEQ) review, an additional QLPE fee will be due before the plans are released to QLPE for review. The amount of the fee is based on the number of applicable pages reviewed. Any projects with recycled water systems, sewer lift stations, water wells, pressure reducing stations, pump stations or force mains may not be reviewed by the QLPE review service, and must be sent to IDEQ for review. If a developer does not wish to use the QLPE service,the developer is responsible for submitting the plans to IDEQ for review and approval. 2-8 PLAN APPROVAL: Development Project plans will not be approved nor construction authorized until City of Meridian Review and Inspection Fees have been paid in full, and all applicable City of Meridian easements have been submitted and approved. Upon payment of fees, and approval of applicable easements,Development Services will issue the City Engineer's plan approval letter. One (1) hardcopy set of approved for construction plans, one (1) electronic version in PDF format, and one (1) electronic version in AutoCAD format (as per the City of Meridian—Public Works CADD Specifications for Project Drawings)shall be distributed to Public Works. 2-9 PRE-CONSTRUCTION MEETING: A pre-construction meeting will be scheduled once all agency approvals have been obtained, and ACHD has approved the roadway portion of the Improvement Plans(if applicable), and traffic impact fees have been paid. These meetings will be scheduled and coordinated through the Public Works Construction Division. Section 2—General Design Requirements September 2024 5 2-10 IMPROVEMENT PLAN REVISIONS DURING CONSTRUCTION: Should changes become necessary during construction, the Consulting Engineer shall first obtain the consent of the Project Inspector and the Civil Engineering Plans Examiner. The City Engineer may then be consulted by the Civil Engineering Plans Examiner for compliance with current specifications and to see if the proposed changes can be made in the field and covered with the Record Drawing submittal, or if revised plans are required. If revised plans are required, the revised plan sheet(s) will be forwarded to the Civil Engineering Plans Examiner who will be responsible for reviewing and approving the project and coordination of distributing plans as appropriate. 2-11 RECORD DRAWINGS: The Developer or their authorized representative shall be responsible for keeping an accurate record of all approved deviations from the originally approved plans, and shall provide copies of these records to the Construction Division for verification upon completion of the work. Final approval of the completed improvements will not be given until as- built/Record Drawings are completed by the appropriate Design Professional (typically the Engineer of Record) and accepted by the City of Meridian. Requirements for Record Drawings are outlined in Section 3 of these Design Standards. 2-12 CONFLICTS.ERRORS AND OMISSIONS: The Consulting Engineer is responsible for plans and specifications that meet all federal, state, and municipal laws, rules and standards. The City of Meridian reviews plans for general conformance to these laws,rules and standards. The Consulting Engineer however, is ultimately accountable/responsible for compliance, and City approval does not release them from this responsibility. 2-13 CHANGE IN CONSULTING ENGINEER: If the Developer elects to change the Consulting Engineer during the project they shall provide Development Services, in writing, the name of the individual or firm that is taking over the project. The Developer and his new Consulting Engineer are responsible for construction verification, design change approval, record drawings and all remaining responsibilities of the original Consulting Engineer. 2-14 INSPECTION REQUIREMENTS: Any improvement which will ultimately be owned and maintained by the City shall be inspected during construction by the City of Meridian Public Works Construction Division. Failure to obtain inspection may result in re-installation of infrastructure. For projects where the City has agreed to provide reimbursement for certain infrastructure, quantities will be measured in the presence of the Project Inspector, and documentation verifying the quantities shall be provided. Section 2—General Design Requirements September 2024 6 2-15 EASEMENTS: Generally, water, sewer and recycled water mainlines, and services shall be located in the public right-of-way. However, if it is necessary for a City of Meridian utility mainline (including hydrant laterals) or service line to be located outside the public right-of-way, the City shall be given permanent easements meeting the following requirements: A. Easements shall be submitted on the standard easement forms available on the City's website. B. Easements shall be a minimum of 20-foot-wide per utility, or 30-foot-wide for a combined water and sewer easement if the minimum 10 feet separation is maintained between mains. Easements shall extend 5 feet minimum (with 10 feet preferred) beyond the terminus of the main, service, or hydrant. C. No permanent structure shall be allowed within a City utility easement. Refer to City of Meridian standard utility easement documents for easement conditions/restrictions. D. If it is necessary to install a utility main under a landscaped area, the main shall be centered in a 20-foot wide (minimum) easement free of permanent structures (see item C above). Notes shall be included in the plans and easement referring to the standard easement document conditions/restrictions. E. Wider easement widths may be required for utility mains depending on the sewer depth, size, pipe directional changes, turning radius of service vehicles and location or if determined necessary by the Public Works Department. Easements widths for utility mains shall be based on sewer depth as follows: Sewer Only Easement Sewer Trench Easement Depth Width 0-15 ft 20 ft 16-20 ft 25 ft 21-25ft 30ft 26-30ft 35ft 30+ 45 ft Combined Water/Sewer Easement Sewer Trench Easement Depth Width 0-15 ft 30 ft 16-20 ft 35 ft 21-25 ft 40 ft 26-30 ft 45 ft 30 ft+ 55 ft For sewer and water in parallel,if sewer depth is greater than 15 feet,locate the water main 5 feet from the edge of easement and center the sewer main between the water main and other edge of easement. If sewer depth is equal to or less than 15 feet,install water and sewer 10 feet from the edges of easement with 10 feet separation between the two utility mains. Section 2—General Design Requirements September 2024 7 F. If it is necessary to install a utility main under a private road, the main shall be centered in an easement that includes the entire road width and is a minimum 20- foot width. G. Temporary construction working easements or access of adequate dimensions shall be provided to allow construction within the permanent easement to be completed in a safe and reasonable manner. H. On development projects, all associated costs of easement acquisition will be at the sole expense of the Developer. Existing substandard easements,within the limits of the proposed project, shall be upgraded to current standards prior to plan approval. 2-16 ACCESS ROADS: A. Access to sewer, water and recycled water mains not located within public rights- of-way shall be provided by an all-weather gravel access road constructed of 3/4" minus road mix gravel. See the Supplemental Specifications drawing No. G2. Some alternatives may be allowed for pipes located in landscape areas, but all manholes and valves must be accessible by an access road. Alternatives must be approved by the City Engineer. B. The maximum access road grade shall not exceed 10% and shall be shown in the profile view. The access road shall not block natural or artificial drainage and shall conform to the requirements of the governing agencies. C. Access roads for sewer manholes shall have curves designed for turning radii of 28 feet inside radius and 48 feet outside radius and a vertical clearance of 14 feet. D. Rim elevations of manholes located within access roads shall be equal to the elevation of the surface of the access road. E. Surface drainage from access road shall drain away from manholes. F. Hammerhead or intermediate turn-around spaces shall be constructed at the end of all access roads exceeding 150 feet in length and at intermediate locations as determined by Public Works. G. Easements will be required for all maintenance roads and turn-around spaces. 2-17 OPEN WATERWAY CROSSING DESIGN: This section covers the design requirements when a water, sewer or recycled water main must cross an open waterway owned by a private user lateral association, irrigation district or the United States Government. A. General - The crossing of an open waterway requires user lateral, Public Works, irrigation district and/or United States approval of the design prior to commencing construction. B. A Project Agreement must be in place with the appropriate governing body prior to starting construction. C. Design requirements are as follows: I. Unless otherwise specified by the owner of the waterway, the main must be encased in a steel sleeve. Other criteria shall be per the requirements of the Supplemental Specifications. 2. In all cases, the waterway bed elevation shall be used for design purposes. 3. The top of the steel casing shall have a minimum-3 2 feet of cover from the lowest point of the waterway bed or as the appropriate governing body Section 2—General Design Requirements September 2024 8 requires. 4. Crossing details of pipe, steel sleeve, spacers, annular backfill, piers, anchorage, transition couplings, etc., shall be shown within the plans. 5. Sewer pipeline crossings above waterways shall be submitted to the City Engineer for review on a case-by-case basis. END OF SECTION- Section 3 —General Plan Requirements September 2024 9 SECTION 3 GENERAL PLAN REQUIREMENTS 3-1 SECTION SUMMARY: This section contains guidance and requirements for the preparation of construction plan sets. 3-2 APPLICABLE STANDARDS: The requirements listed below shall apply to preparing construction plan sets: A. All applicable standards as listed in Section 2-2 B. Latest edition of the City of Meridian Record Drawing Requirements/Acceptance of Record/Electronic Drawings C. Conflicts between these requirements shall be resolved on a case-by-case basis. 3-3 GENERAL REQUIREMENTS: A. All development plans for domestic water,recycled water,or sanitary sewer systems shall include a title sheet, layout sheet, plan/profile of each sewer line and standard notes. B. Plans shall be clearly legible,bound/stapled and shall conform to accepted practice with respect to drafting standards. All information,which in the opinion of the City of Meridian Public Works Department, is necessary for the satisfactory design, review, construction, and maintenance of a project, shall be provided and where applicable, shall be shown on the plans. 3-4 APPROVED PLANS: Construction of City of Meridian public facilities, or connections to public facilities, shall not commence within the City of Meridian until plans and/or specifications for such facilities have been approved by the Development Services Division and all plan review fees have been paid. Plans shall be stamped"Approved for Construction"and signed by the Civil Engineering Plans Examiner prior to beginning construction. The City may order any Contractor to cease work on any project if said Contractor does not have properly approved plans in his possession at the job site. 3-5 PAPER SIZE AND SCALE: All improvement plans shall be submitted utilizing standard plan sheet sizes and common engineering scales. 3-6 DRAFTING STANDARD: All line work,letters and numerals must be clear, sharp and of appropriate weight. 3-7 TITLE SHEET: All improvements plans shall have the following information as a minimum on the title sheet: A. Name of Project B. Index of sheets C. Vicinity map showing the project or parcel layout with the following information: Section 3 —General Plan Requirements September 2024 10 1. City limits (if applicable) 2. Adjacent subdivision(s), including names and lot lines 3. Major arterial cross streets with street names D. Name of Developer and contact information including a phone number and email address E. Name of Consulting Engineering firm and contact information including a phone number and email address F. Seal, signature and date of the Design Professional registered for the appropriate branch of work covered by the plans G. US Governmental horizontal (NAD83 adjusted to ADA County H.A.R.N. Survey) and vertical (NAVD 88)benchmark datum and project benchmarks H. Digline number I. QR Code 3-8 SHEET NUMBERING: Each sheet within a set of improvement plans shall be numbered consecutively. Sheet numbering shall conform to generally accepted drafting standards. 3-9 TITLE BLOCK: Each sheet within the set of drawings shall have an approved title block showing the following: A. Project title B. Sheet title C. Sheet number D. Date E. North Arrow(if applicable) F. Scale Bar G. Consulting Engineer's name, signature and seal. Signature may shall be placed across the seal. The title block shall be either across the bottom or along the right edge of each plan sheet. 3-10 SEPARATE LAYOUT SHEETS: On all subdivision plans, a separate plan sheet may be required for each of the following: A. Grading and Drainage B. Street Lights (if more than 1 new street light is required) C. Water D. Recycled Water E. Sewer F. Multi-use Pathways In addition, plan and profile sheets shall show the plan and profile on the same sheet. The plan view should show storm drainage, sanitary sewer lines, multi-use pathways and other utilities. The profile view should show the storm drainage, sanitary sewer lines, and other utility crossings. Section 3 —General Plan Requirements September 2024 11 3-11 PLAN DETAILS: In addition to the other requirements of these Design Standards,the following details shall be shown on the plans submitted for approval. A. Record Information -All existing and proposed: 1. Right-of-way lines 2. Boundaries of lots fronting the street 3. Easements (existing and proposed) 4. Both on-site and off-site rights-of-way and easement lines, properly dimensioned 5. Adjacent parcel owner name B. Existing Facilities—All pertinent existing facilities shall be shown, including: 1. Street Striping 2. Medians 3. Driveways 4. Curbs 5. Sidewalks 6. Edge of Pavement(if no curbs are present) 7. Location and size of all underground utilities 8. Limits of 100-year flood plains structures 9. Trees (6" and larger) and other foliage 10. Traffic signals 11. Street lights, service pedestals, junction boxes and underground electrical conduits 12. Drainage ditches and detention basins 13. Utility poles 14. Fire hydrants 15. Retaining walls 16. Any other features of the area which may affect the design requirements for the project When a probable utility conflict exists, the design professional should field verify (by potholing if necessary) the extent of the conflict. Field verification should take place prior to the completion of final plans or be required of the Contractor prior to construction. C. Contours — Existing contours shall be shown on all plans. The scale shall be such that the plans are both readable and representative of the existing or planned site. See Section 7, "Grading & Drainage" for offsite requirements. D. Profiles—The construction drawings shall show the existing profile of the roadway centerline and the proposed design centerline. Gravity pipelines such as irrigation, sewer and storm drainage should be shown in the profile. Crossings of pressurized pipelines such as irrigation, water and recycled water should be shown to identify potential conflicts. Designs of proposed public improvements shall include profiles showing centerline elevations at 50-foot intervals and rates of grades, vertical curves, and other vertical alignment data. Section 3 —General Plan Requirements September 2024 12 E. Stationing and Orientation —It is preferred that the stationing on plan and profile sheets read from left to right and be based on either roadway centerline or sewer pipe centerline. F. Benchmarks— Location, description, and elevation of benchmarks and datum shall be clearly delineated on the plans. G. Cross-Sections — Cross-sections shall be included in the plans where determined necessary by Development Serviees Public Works. Sections shall include all pertinent structural and topographical features. Section call-outs shall be identified by a number and letter and the sheet on which the section appears. H. Special Notes — Special notes shall be clearly indicated, and it shall be conspicuously noted on the plans that all construction work and installations shall conform to the City of Meridian Supplemental Specifications and that all work is subject to the approval of Meridian Public Works. 3-12 REQUIRED STANDARD NOTES: A list of all required standard notes may be obtained from the City of Meridian website, and shall be included on all improvements plans submitted to the City for approval. 3-13 STANDARD DRAWINGS: Consulting Engineers do not need to include any City standard drawings on improvement plans,but shall refer to the City of Meridian Supplemental Specifications by number where appropriate. If a variance to a standard drawing is intended, the drawing number shall be shown with the variance noted or a separate detail shown. 3-14 RECORD DRAWINGS: For information regarding record drawings, reference the latest version of Acceptance of Record/Electronic Drawings on the City of Meridian website. 3-15 PLAN REVISIONS: Plan revisions shall be clouded and include a note in the revision table for each sheet that has been revised. -END OF SECTION- Section 4— Domestic Water Supply September 2024 13 SECTION 4 DOMESTIC WATER SUPPLY SYSTEM 4-1 SECTION SUMMARY: This section contains guidance and requirements for the following:water supply,water main design, and water system appurtenances. 4-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of domestic water supply systems. Conflicts between these requirements shall be resolved on a case-by-case basis. A. All applicable standards as listed in Section 2-2 B. IDAPA 58.01.08, "Idaho Rules for Public Drinking Water Systems" C. Recommended Standards for Water Works (Ten State Standards) D. Meridian City Code (MCC) - Title 9, Chapter 1 "Water Use and Service" and Chapter 3 "Cross-Connection Control" 4-3 DESIGN OBJECTIVES: Overall objectives for design of water infrastructure are: A. Ensure infrastructure is properly sized and located to provide fire protection according to the City's minimum standards and adopted fire code. B. Provide redundant supply to all developments when a connection is reasonably available. C. Ensure best water quality by minimizing dead ends and avoiding over-sized water mains. D. Minimize long term cost of maintenance and replacement by: 1. Minimizing the length of water mains and City-owned service lines 2. Adhere to documented standards to reduce maintenance cost 4-4 WATER SUPPLY REDUNDANCY: New developments should be designed and constructed to provide redundant water supply (supply from more than one water main) to customers whenever reasonable. The water mains should be arranged to create a looped system and allow flow from multiple directions (minimizing dead-ends). Exceptions shall be approved by the City Engineer. 4-5 WATER SUPPLY PRESSURE: City of Meridian Engineering staff will model additions or changes to the water supply and distribution system. Normal operating pressures (Average Day Demand) at service connections across the distribution system must be no less than 55 pounds per square inch (psi) and no more than 80 psi unless approved by the City Engineer. 4-6 WATER DEMAND: For the design of water distribution systems serving residential areas, the assumed water demand for design purposes is 0.5 gallons per minute (gpm)per residential unit Maximum Daily Demand (MDD) plus appropriate fire flow. For the design of water distribution systems serving commercial areas, water demand shall be determined on a case-by-case basis. Section 4— Domestic Water Supply September 2024 14 4-7 FIRE FLOWS: Required fire flows shall be determined on a case-by-case basis by the most recently adopted revision of the International Fire Code, the Meridian Fire Department, and the Engineering Division. Fire flows shall be modeled by City of Meridian Engineering staff according to IDAPA requirements. City of Meridian minimum standard for fire flow for any use is 1500 gpm at 20 psi for two (2)hours. 4-8 WATER MAIN DESIGN: Design requirements for water main layout, size and location shall conform to the latest Meridian Water Master Plan Update, and Engineering Division water modeling requirements. A. All water main pipe types are as indicated in the City of Meridian Supplemental Specifications. B. Minimum water main size (excluding hydrant laterals) shall be eight (8) inches. Twelve (12) inch water mains shall be installed at section-line roads and approximately halfway between section-line roads. Ten (10) inch mains are not allowed unless approved by the City Engineer. C. Design should limit maximum velocity to 5 ft/sec at MDD and 10 ft/sec during fire flows. D. Water mains shall be aligned straight between valves or fittings. "Roping" or joint deflection is not allowed unless approved by the City Engineer. E. The water mains shall be shown in the plan view and must identify pipe size, pipe material, location of valves, fire hydrants, existing water lines, air release/vacuum valves, blow-offs, water services, and all other appurtenances public or private including easements.Water mains shall be shown in the profile view where potential conflicts with other utilities exist. F. Install water mains within public rights-of-way and or dedicated City easements. Avoid installing mains in Idaho Transportation Department right-of-way. Avoid round-about/traffic circle footprints and concrete intersections, or cross using DR7 fused HDPE pipe. If crossing traffic circles or intersections with HDPE, meet or exceed ID of adjacent pipe and include 4-way valve cluster at cross. For concrete intersections, include valves on each leg 10 ft from edge of concrete unless other locations are more appropriate. Do not install water mains in common drives unless required by Engineering for redundancy or fire flow. G. Water mains should be located on the north and east sides of streets (see City of Meridian Supplemental Specifications drawing G1). Whenever possible, appurtenances should be located to avoid normal vehicle wheel paths. H. Minimum cover over water lines under section-line and mid-section line roadways that have not been fully developed, or in unpaved areas, shall be five (5) feet from top of pipe to finished grade. In all other areas,minimum cover shall be four(4)feet from top of pipe to finished grade. Water main depths of greater than six (6) feet shall be approved by the Engineering Division on a case-by-case basis. Where deeper mains are approved, valve stem risers shall be provided. I. Water mains shall maintain a minimum clearance from all other utilities of at least 12 inches vertical and 4 feet horizontal, except non-potable water pipelines which shall maintain separation recommendations as set forth by the Idaho Rules for Public Section 4— Domestic Water Supply September 2024 15 Drinking Water Systems. J. Connections to transmission mains (mains dedicated for moving water from supply to storage, pressure zones, or demand centers) shall not be allowed unless specifically approved by the City Engineer. K. Connections to water mains in arterial roads should be avoided if connection to mains in local roads, or easements is feasible. L. In commercial areas, water mains should be stubbed from public roads, then connections made to services and fire lines outside the right of way. M. Water mains in unimproved areas shall have a gravel access road. (See Section 2-16 A.). N. Dead ends shall be minimized. Water mains should be designed to connect to neighboring properties to complete current or future loops or grids. Cul-de-sacs should be connected by water mains through easements whenever reasonable. O. Dead-end water mains shall be terminated with a fire hydrant and appropriate fittings, whenever possible. At locations where hydrants cannot be installed, a 4 inch blow-off shall be installed per City of Meridian Supplemental Specifications. At temporary dead ends (such as at subdivision phase lines) a 2 inch blow-off assembly shall be installed, per City of Meridian Supplemental Specifications. Blow-offs shall be located in a manner that enables easy access and maintenance including proper easements. Avoid blow-offs in arterial roadways and areas of dedicated foot traffic, whenever possible. P. Existing water main stubs installed to serve undeveloped areas that remain unused by new development shall be abandoned at the time of the new development. These stubs shall be abandoned at the active main by removal of the gate valve and installation of a blind flange or plug at the fitting. Gate valves shall not be abandoned in place without prior approval of the City Engineer. Any associated easements that are in place for these stubs shall be properly eliminated per City requirements. Q. Water mains that are allowed to remain in the ground after abandonment shall have each end filled with cement grout. The grout plug shall extend 20-feet into the pipe. The size and type of water main to be abandoned shall be noted on the plans with a requirement for the contractor to verify. R. Steel Casings-Steel casings are intended to protect the water main,protect the utility or road being crossed, and/or allow access for maintenance or replacement. 1. Steel casings shall be required in the following situations: o Open channel water crossings o Crossings of State Highways o Crossing of Railroad Tracks o Crossings of any utility where the owner of such utility may limit the City's ability to access the water main (such as irrigation district facilities). Steel casings are not required for irrigation delivery canals, ditches or pipes where construction and maintenance activities have no seasonal restrictions. 2. Design Standards: o Locate casings outside the footprint of bridges / culverts whenever possible o Casings crossing roadways must be extended far enough to provide easy access for maintenance, repair or replacement. (See Standard Section 4— Domestic Water Supply September 2024 16 Drawing SW I) 3. See Standard Drawing W 15 for more information. 4-9 WATER SYSTEM APPURTENANCES: Water system appurtenances discussed herein include valves,fire hydrants,blow-off assemblies,water service lines,meter setters,meter boxes,meter pits,water meters,pressure reducing stations,wells and well lots. Other appurtenances may include air relief valves, pressure relief valves, detector check valves, sampling stations and backflow prevention devices. A. Fire Hydrants - 1. The Meridian Fire Department shall determine the fire hydrant location requirements for all developments. Maximum spacing is 400 feet as measured along the street frontage in residential developments, 300 feet maximum in commercial developments,or closer if deemed necessary by the Meridian Fire Department. On collector and arterial roads, fire hydrants are required as needed to protect structures or at a maximum spacing of 1000 ft. 2. Private fire hydrants are not allowed. 3. Fire hydrants shall not be connected to transmission mains unless approved by the City Engineer. 4. Fire hydrants shall not be connected to fire sprinkler service lines. 5. Fire hydrants shall be placed at street intersections wherever possible and located to minimize the hazard of damage by traffic. 6. Hydrant valves (gate valves located at beginning of the hydrant lateral) shall be at least 5 feet from the hydrant to allow access in the event of a failure at the hydrant. 7. Fire hydrants located at intersections should be installed as close to the start or the end of the curb or edge of pavement radius as practical,while avoiding sidewalks, and pedestrian ramps. See the City Supplemental Specifications for detailed drawings of typical installations and required clearances (DWG W8 and W9). 8. Fire hydrants shall be located 5 ft minimum from permanent structures (buildings,carports,trash enclosures etc.)Where feasible,locate hydrants 10 feet from permanent structures (buildings, carports, trash enclosures etc.). B. Gate Valves and Blow-off Assemblies— 1. For local and collector roads, at least 2 valves shall be provided at "T" junctions, and at least 3 valves at cross junctions. Connections made by hot tap are not exempt from this requirement. Existing valves may allow a hot tap connection to meet this requirement. When evaluating which legs of a T to provide with valves, redundancy must be evaluated. Generally, the leg with no supply should not have a valve. 2. For arterial roads, valves shall be provided at pipe junctions in all directions. Exceptions to this rule may be allowed by the City Engineer when hot tapping active water mains is required. Hydrant laterals are not required to have two valves,but shall always include at least one valve on the hydrant lateral per Standard Drawing W8. 3. Future water main extensions with blow-off assemblies: o Extension less than or equal to 60 feet in length with no service connections: ■ Use Standard Drawing W 12,with no inline valve o Extensions greater than 60 feet in length or with service connections: Section 4— Domestic Water Supply September 2024 17 ■ Use Standard Drawing W 13 including valve.Do not include agate valve on connecting leg of new water main to eliminate redundant valves. o Junctions closest to blow-offs for future main extensions should have valves in all directions. 4. Size-on-size hot taps are not allowed unless approved by the City Engineer. 5. In commercial areas, valve spacing should not exceed 500 feet. 6. In residential areas, valve spacing should not exceed 800 feet (Ten States Standards). 7. In areas without customer connections, valve spacing shall not exceed 1,000 feet. 8. Valves and blow-off assemblies that are no longer needed shall be abandoned by removal and installation of a blind flange, plug, or pipe extension as appropriate. C. Water Services 1. Water services shall be clearly called out by standard detail and size on plan sheets. 2. In residential areas, water service lines from the water distribution main to the property shall be installed at the time the main is constructed. Service lines shall not be installed across private property other than that being served, with the exception of appropriate common areas. 3. In commercial areas, water service lines, fire service lines and hydrants should not be tapped in the public streets. Mains should be stubbed into the property, then tapped or provided with T's for those features. Maximum distance from service connections to dead ends shall be less than 3 feet. 4. Avoid installing two or more parallel services when 1 larger service can be installed. 5. Standard size of a residential water service line shall be one(1)inch. Schools, commercial, industrial, or multiple family units with higher water demand shall be provided with larger service lines as determined by project engineer and subject to approval by Development Services. 6. 1/4 inch double water service connections cannot exceed 80 feet from the main to the meter. If greater than 80 feet, use 1 inch single service. In commercial areas, service lines from mains to meters should be as short as practical and should not exceed 40 ft. 7. For non-residential sites that include consumptive water uses that do not release water to the sewer system (such as sprinklers, cooling towers, pools, and water features), developer should consider including separate services for such uses to allow for correct sewer billing. 8. Services should be aligned so they are at 90°angles to the water main. If developments are approved then later modified, adjust/abandon existing services to meet these standards. Cul-de-sacs and street curves may require some variance to the 90 degree rule. 9. Whenever possible, meter vaults shall not be placed in problematic areas such as high traffic areas, designated areas of foot traffic or within 10 feet of building foundations. Avoid installing meter vaults in common drives. 10. Whenever possible, avoid running water service lines through underground Section 4— Domestic Water Supply September 2024 18 storm water filtration beds or under drainage swales. See the City of Meridian Supplemental Specifications to the ISPWC for sleeving requirements for services through storm water facilities. 11. Any unused water services must be abandoned at the mains: If the main is depressurized, abandon by removing the corporation stop and installing a brass plug in the service saddle. If the main is pressurized, abandon by closing the corporation stop, disconnecting (cutting)the service line, and installing a cap or copper disk on the corporation stop. Unused meter vaults and associated parts must also be removed. 12. Any unused water main stubs shall be abandoned a4 the stT-eet.t a4er-main by removing the gate valve and installing a blind flange. Gate valves shall not be abandoned in place without prior approval of the City Engineer. 13. All fire service lines must be clearly shown on plans, including size and location of jurisdictional valve. Minimum size of jurisdictional valve shall be 4 inch. Jurisdictional valves shall not be located in public right-of-way. 14. Water service lines shall not be tapped into fire service lines or hydrant laterals (between the auxiliary gate valve and the hydrant). D. Water Meters — Water meters shall be installed on all residential, commercial, industrial, multi-family, public facility, and irrigation water services according to City Code requirements. Meters will be installed by the Water Division of Public Works only after water system is owned by the City of Meridian. Installation of water meters, bypass lines, or jumpers by anyone other than the Meridian Water Division is prohibited. The installation of meter pits and all meter setter appurtenances are the responsibility of the developer's contractor. 1. New water services and meters serving single family homes over 3600 sf(not including garage) shall be at least 1 inch. 2. Water services and meters in new residential developments with lots exceeding 17,000 sf shall be 1 inch. 3. Water meters over 1 inch shall match the size of the service lines from the main to the meter pit, except for 3 inch meters, which shall have 4 inch service lines. E. Locate Stations —Locate stations shall be installed every 500 feet in combination with fire hydrants or by themselves. See City of Meridian Supplemental Specifications. F. Pressure Reducing Valve(PRV)Stations—Pressure Reducing Valve Stations may be required for development that occurs at or near planned pressure zone boundaries. Determinations for requiring PRVs will be made by the Engineering Division through modeling and fire flow demands. If a PRV is required to serve a new development,the City of Meridian will purchase and install the PRV,interior piping, valves and telemetry equipment needed to operate the new PRV. The developer will be responsible for the following: 1. Providing for the location of the PRV vault. Landscaped areas are preferred to street installations. 2. Providing an easement for installations outside of the public right- of-way. 3. Purchasing and installing the concrete vault as required by the City of Meridian per specifications provided by Engineering Division. 4. Providing electrical service to the vault. Coordinate location and electrical Section 4— Domestic Water Supply September 2024 19 requirements with the Engineering Division. 5. Stubbing the water mainline to the inside of the vault and either: o Installing a flange by flange ductile iron spool in the place of the PRV equipment,to ensure alignment of the water main penetrating the vault,or o Coordinating with Engineering to allow the City to purchase,assemble, and install the PRV equipment in conjunction with the developer's placement of the vault and/or water mains. Note—the PRV plans and specifications will need to be submitted by the City to the Department of Environmental Quality for approval. The developer's engineer shall coordinate with City of Meridian (COM) Engineering to obtain the correct PRV detail and include it in their construction plans. COM Engineering will develop a Preliminary Engineering Report(PER)for the PRV. After the developer's plans are approved by Land Development, COM Engineering will submit the PER along with the appropriate plan sheets to DEQ for review and approval (or the entire plan set if the developer prefers). Upon approval, COM Engineering will submit the approved package back to Land Development. G. Booster Stations-Booster Stations may be required for development that occurs at or near a pressure zone boundary. Booster stations shall meet the requirements found in the Idaho Rules for Public Drinking Water Systems. Required pumping capacity for booster stations shall be determined by the Engineering Division through modeling for the service area and planning period. Permanent booster station pumping facilities will be designed and constructed through capital projects managed by the Engineering Division. Temporary booster station pumping facilities will be designed and constructed by the developer with review by the Engineering Division. In both cases, the developer will be responsible for the following: 1. Providing for the suitable location of the booster station site by providing a deed. Minimum lot size shall be 140 feet by 140 feet. 2. Providing 14-foot wide paved access to the booster station site. 3. Providing three-phase electrical service to the site. Coordinate location and electrical requirements with the Engineering Division. 4. Stubbing the water mainlines and service lines to the site, providing easements as required. 5. If architectural and landscape features other than a chain link fence, minimum landscaping requirements per City of Meridian's development requirements, and split face block building with metal roof are desired to screen and otherwise blend into the neighboring surroundings, the developer will be required to coordinate with and compensate the City for these additional expenses. Note—the booster station plans and specifications will need to be submitted by the City to the Department of Environmental Quality for approval. H. Wells and Well Lots- Test wells, productions wells, buildings and pumping facilities will be designed and constructed through capital projects managed by the Engineering Division. The developer will be responsible for the following: 1. Providing for the suitable well site by providing a deed. Minimum lot size shall be 140 feet by 140 feet. Section 4— Domestic Water Supply September 2024 20 2. Providing 14-foot wide paved access to the well site. 3. Providing three-phase electrical service to the site. Coordinate location and electrical requirements with the Engineering Division. 4. Stubbing the water main and service line to the site. Provide easements as required. Whenever possible, wells should be located near creeks or drains that allow for flushing. 5. Providing an easement for a flush line to an approved discharge point, or a flush line and easement if development occurs prior to the City capital project. Note—the well plans and specifications will need to be submitted by the City to the Department of Environmental Quality for approval. Additionally, the well development process can take multiple years for permitting, testing, development, design and construction. -END OF SECTION- Section 5 —Sanitary Sewer System September 2024 21 SECTION 5 SANITARY SEWER SYSTEMS 5-1 SECTION SUMMARY: This section contains guidance and requirements for the following: sewer pipeline design, determining when sewer shed studies / design reports are required, general lift station information, force mains, placement of sewer mainlines and manholes, sewer services and pretreatment. 5-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of sanitary sewer systems. Conflicts between these requirements shall be resolved on a case-by-case basis. A. All applicable standards as listed in Section 2-2 B. IDAPA 58.01.16, "Wastewater Rules" C. IDAPA 58.01.08, "Idaho Rules for Public Drinking Water Systems" D. Recommended Standards for Wastewater Facilities (Ten State Standards) E. Meridian City Code (MCC) - Title 9, Chapter 4 "Sewer Use and Service" and Chapter 2 "Sewer Pretreatment" 5-3 CAPACITY DESIGN: Sanitary sewer system design must include provisions for the size and capacity to convey all domestic, commercial, institutional, and industrial waste that can be reasonably anticipated under conditions of full or ultimate development. Design flow shall be for peak wet weather flow. The determination of average dry weather flows for design purposes shall be based on the best available information concerning land use and density as estimated for land use plans,under the jurisdiction of the Meridian Community Development Department, to form the basis for qualifying present and future wastewater design flows. This information may include approved land use and density in accordance with current zoning in the absence of more specific information pertaining to expected development. A. Capacity—After an application is received by Planning or Development Services, the Engineering Division will run the total flows in the sewer model to evaluate if the proposed design has the capacity to adequately serve the entire tributary area. The City will also include flows for infiltration allowance depending on the location of the proposed development. 5-4 SEWER SHED STUDIES: A sewer shed study is a plan to provide sewer service to a specific portion or sub- service area of the City, and will become part of the organizational knowledge and historical documentation used by the Engineering Division for future planning. When a sewer shed study is required, it shall be submitted and approved prior to submittal of project improvement plans. A. Submittal and Approval - Submittal and approval of a sewer shed study may be required if the Engineering Division determines any of the following conditions exist: 1. The land use of the development is different than what was assumed in the Section 5 —Sanitary Sewer System September 2024 22 Sewer Master Plan and Comprehensive Plan 2. Upstream or adjacent areas might require sewer service through the subject property 3. Downstream sewer capacity is limited 4. It may not be possible to serve the project and/or surrounding area with gravity sewer service 5. Interim sewer facilities maybe required 6. Off-site sewer facilities may be required B. General Study Requirements — In order to develop a sewer shed study, the minimum information that must be accumulated and presented includes: 1. Area to be served by the local collection and trunk facilities 2. An analysis of the regional setting 3. Topography information of the area to be served(delineated on a topo map) 4. Any specific projects that precipitated the study 5. Relevant assumptions and special conditions 6. Proposed sewer infrastructure 7. Ultimate development within the study area 8. Hydraulic grade line at point of discharge into major facilities It is important to note that the same assumptions used in the current Sewer Master Plan(such as values for infiltration rates) should also be used in generating a sewer shed study. C. Study Map - The method of providing sewer service to the entire service area, including pipe sizes, lengths, slopes, and inverts, shall be shown to the extent necessary to determine the requirements within the subject property. All areas to be served through the project site, per the latest City Sewer Master Plan, must be included in the project flows. D. Study Slopes —The minimum slopes for gravity pipe shall be determined using the design parameters outlined in the Ten State Standards,but in no case less than 0.1%. Additionally, for those areas where the pipe route is not clearly defined,pipe grades shall allow for an additional 20%pipe length for potential meandering trunk pipeline paths. 5-5 DESIGN REPORTS: For construction of new sewer trunk pipelines (those 10 inches in diameter or larger) and lift station facilities, a Design Report may be required. Design Reports shall meet all requirements of the Engineering Division to include as a minimum, the following information: A. Introduction and Background - Use an exhibit for a project location map and identify whether the proposed facilities will be used on an interim or permanent basis. B. Previous Studies - Sewer Master Plan information, Specific Plans, Community Plans, and other Sewer Studies that pertain to the project should be referenced and built upon. If appropriate, those documents should be amended if the proposed project will require significant changes to previously approved documents. C. Environmental Document and Geotechnical Report — If these documents are required, findings must be referenced and incorporated to address environmental and Section 5 —Sanitary Sewer System September 2024 23 geotechnical requirements. Incorporate reference exhibits and photographs as necessary. D. Existing Sanitary Sewer Facilities - Identify and briefly discuss whether the project is located within the City's service area. Discuss the existing sewer facilities available in the area. Incorporate and reference exhibits as necessary. E. Planned Sewer Improvements - Discuss the proposed interim or permanent facilities. Identify outfalls and discuss any proposed alternatives and available options. Incorporate and reference exhibits as necessary. F. Phasing- Identify phases of proposed development, referencing exhibits that depict the lots proposed to develop at each phase. Discuss the upgrades that are necessary at each phase and include a narrative on what triggers the necessity of implementing the upgrades to encompass the facilities, equipment, costs and timeline for implementation of triggers, design and construction aspects. When an interim lift station is allowed by Public Works, discuss when and how the facility becomes unnecessary. G. Lift Stations - Provide a narrative of any proposed lift station demonstrating compliance with the City of Meridian Lift Station Specifications and Drawings. Incorporate the requirements for conveyance of deeds and easements. Incorporate and reference exhibits as necessary. I. Lift Station Site Design - Provide attachments as necessary for the preliminary design of the site. Include specifics on the size, location, and materials for the building, fencing, gates, and equipment on the site. Include the location and size of vaults that will encase air/vacuum valves, flow meters, check valves, gate valves, etc., and specify the sizes and materials for these valves. Include an Emergency Bypass connection with the necessary appurtenances. Identify the location and size of the water service. Discuss the need for a hoist or crane. Incorporate and reference exhibits as necessary. 2. Wet Well and Pumping Alternative - Discuss any alternatives considered for wet well and pump design. Include all appropriate information necessary to analyze the size and depth of the wet well as well as alternatives for the type, size, and number of pumps. A narrative on maintenance requirements of the proposed facilities must be included. Discuss any bypass pumping that may be needed during construction. Include flotation calculations if groundwater is present or anticipated. 3. Recommended Force Main Design—Refer to Section 5-5.H. 4. Electrical and Controls - Identify the location of above and underground electrical facilities to serve the site, including the size and location of the transformer. Describe the equipment needed for the site, including lighting, PLC, SCADA, RTUs, pressure transducer and alarm systems, etc. Also, describe the need for emergency power and generator design (if incorporated). Incorporate and reference exhibits as necessary. 5. Odor and Corrosion Control - Discuss necessity and alternatives for odor and corrosion control. 6. Emergency Storage-Provide calculations on the facilities that will be used for emergency storage of sewage in the event of a pump station outage. Identify the location and elevation of the lowest manhole rim in the storage system and any others in the existing or proposed sewer system that may be Section 5 —Sanitary Sewer System September 2024 24 adversely affected. Incorporate and reference exhibits as necessary. Requirements for calculating the emergency storage are presented in the most current version of the City of Meridian Sewer Lift Station Specifications and Standard Drawings. H. Force Mains: All pipes utilized for sanitary sewer force mains shall be pressure- rated pipes approved by Meridian Public Works. Force mains shall be designed so that the pipeline is always full,and no point in the vertical alignment is located above the energy grade line. The design report shall address the entire force main system's projected layout, starting from the pumps and for the full length of the force main to the outfall back to the gravity system. In the event that plans are submitted that make changes to this layout, an amendment to the design report shall be required to verify that the proposed changes will not affect the pump sizing or efficiency. The force main shall be designed and submitted concurrently with the pumps/lift station. I. Size and Velocity—The force main shall be sized to produce a fluid velocity of no less than 2 feet per second at least once per day, and no more than 8 feet per second. Unless otherwise approved by the Engineering Division,the minimum force main size shall be four(4) inches in diameter. 2. Hydraulic "C" Factor — For determining the head loss, use the Hazen Williams equation with a C factor of 120. 3. Thrust Forces and Shearing — The design report shall provide recommendation for mitigation of these forces in the onsite structures and the force main. Thrust forces in a force main shall be mitigated through joints that are restrained or anchored to prevent movement and separation.To avoid shearing due to differential settlement, flex couplings shall be installed on pipelines between pump station structures (i.e. wet wells) and vaults, and between valve vaults and bypass vaults. 4. Water Hammer — Water hammer (surge) shall be addressed in the design report as required by the City. Water hammer shall be evaluated for the normal operation of the pump station as well as for power failure while the pump(s) are running. The modulus of elasticity of the pipe material shall be considered when evaluating water hammer effects. The potential impact of water hammer shall be evaluated with special consideration given to cyclical loadings that are inherent in wastewater force mains. A safety factor of 1.5 shall be used when determining the adequacy of all piping system components with regard to withstanding system pressure, and at a minimum, the following shall be addressed in the surge analysis: o Transient pressures due to water hammer and the effect of these pressures on the entire system o Cyclic loading of the force main o Investigation of the pipeline profile to determine the possibility of water column separation o Shut-off characteristics of all proposed pump control valves, including check valves o Substantiation for the use of surge control valves and other surge protection devices, when necessary, listing recommended size and computed discharge pressure 5. Location/Separation—Force mains shall be located within the public rights- of-way or in an appropriate easement. A minimum clearance from all other Section 5 —Sanitary Sewer System September 2024 25 utilities of at least 12 inches vertical and 4 feet horizontal should be maintained, except potable water pipelines which shall maintain minimum separation recommendations as set forth by the Idaho Rules for Public Drinking Water System. A force main alignment that is straight between structures is preferred. However,pipe joint deflection not to exceed'/2 of the Pipe Manufacturer's allowable deflection is allowed, but verification of the deflection angle by the contractor is required. Where practical, force main alignment shall also be parallel to curbs, street centerlines, property lines, and/or easement lines. 6. Profile—A continuous upward slope from the pump station to the discharge point is desired, even when reasonable over-excavation is required to accommodate the continuous upward slope. In the event that a high point cannot be avoided,and is allowed by Public Works,a combination air release valve shall be installed. 7. Corrosion Protection — All ductile iron pipes shall be protected from corrosion. 8. Combination Air Release Valves —Where high spots in the profile cannot be avoided,combination air release valves(CARVs)shall be installed so that air can be purged from the force main. CARVs shall also be installed as close as possible to the check valves as needed to ensure the protection and maximize the operation of the pumps. An appropriately sized CARV drain line shall be routed to the nearest gravity manhole for drainage if practicable. CARVs shall be constructed in accordance with Standard Drawing of Meridian's Supplemental Specifications. 9. Force Main Discharge —The force main shall enter the transition manhole with its center line horizontal and an invert elevation matching the spring line of the gravity line to ensure a smooth transition of flow to the gravity flow section. New discharge manholes shall be smoothly coated with Sprayroq Sprayshield or Spraywall coating or equal. Existing manholes showing signs of corrosion or if over ten years old shall be smoothly coated with Strong Seal or Sewpercoat cementitious coating or equal. 10. Cost Estimate-Provide an Engineer's estimate of design, construction, and operating costs if required by the City. 11. Project Schedule — Provide the projected timeline for the project, focused on major start/stop and completion dates. 12. List of Tables—Provide a list of tables used in the design report. At a minimum this should include lift station design criteria and a summary of the projected sewage flows at build-out and the design flows at various stages of development. 13. List of Exhibits-Provide a list of the exhibits used in the design report, at a minimum, this shall include a location map, the overall sewer study area, existing and proposed sewer facilities, and the overall sewer layout proposed. This shall also include preliminary drawings for the pump station design such as the site plan, section through the pump station wet well, single line diagram and load calculations. 14. Attachments -At a minimum, the attachments shall include a cost estimate, pump curve with system curve superimposed, calculations for system curve, wet well sizing calculations,emergency storage calculations,cut sheets from Section 5 —Sanitary Sewer System September 2024 26 manufacturers of proposed facilities and equipment, air/vacuum release valve design sizing and project literature, and a site-specific geotechnical report. 5-6 SANITARY SEWER MAIN DESIGN : All sanitary sewer mainlines shall be placed within public street rights-of-way unless the use of easements is specifically approved through Development Services. Locate manholes to ensure access for routine maintenance. Sewer facilities shall not be placed in any joint utility trench unless otherwise approved by the City Engineer. Consideration shall be given for future development when locating manholes in new lines. A. Horizontal Alignment—Pipelines shall be parallel to the street centerline wherever possible. If a change in alignment is necessary, it will require the construction of a manhole. B. Steep Sewer Pipe Slopes can deposit material on manhole shelves, generate odors, and create corrosive gas. For these reasons we need to implement practices that limit these situations. Going forward, the maximum pipe slopes identified below shoul will be used in reviewing and approving plans for new development unless otherwise approved by the City Engineer. 1. Maximum 8 inch PVC pipe slopes should be limited to 8% 2. Maximum 10 inch PVC pipe slopes should be limited to 6% 3. Maximum 12 inch PVC pipe slopes should be limited to 5% If slopes less than these cannot be maintained then a drop manhole may be a viable option. Slopes greater than those shown above may be permitted if there is no change in the direction of flow. Both of these options must be pre-approved by the City Engineer. C. Vertical Alignment—A constant slope between manholes is required. If a change in slope is necessary, a manhole is required at that point. D. Location within Roadways— Sewer mains shall be located in a corridor measured from 10 feet south or west to 5 feet north or east of the centerline of any roadway. E. Location in Constrained Existing Streets — When sanitary sewers are to be installed in an existing street, factors such as curbs, gutters, sidewalks, traffic conditions, traffic lane conditions, pavement conditions, future street improvement plans, and existing utilities shall all be considered. The approval of all appropriate jurisdictional entities and Public Works Engineering Division shall be obtained. F. Relocated Mains — Sewer mains installed to replace existing facilities shall generally follow existing alignments, but may be realigned as deemed necessary to achieve optimum flow conditions, reasonable access, and separation from existing utility infrastructures. Where possible, existing sewer pipelines in easements and alleys shall be relocated to nearby streets or public rights-of-way. G. Locating Sewer/Water Mainlines in Landscaping - The preferred location of wastewater utilities is in the public right-of-way where they can be easily operated and maintained. If mains cannot be installed in the public right-of-way, then they should be located in a dedicated alley or easement dedicated to the City of Meridian. However, manholes should be located in the public rights-of-way. H. Prohibited Locations — Construction of sanitary sewers shall be prohibited in the following locations unless otherwise approved by the City Engineer: 1. Within the 100-year floodway Section 5 —Sanitary Sewer System September 2024 27 2. Within jurisdictional wetlands 3. Parallel and underneath roadway landscaped medians,however crossings are acceptable 4. Within railroad rights-of-way unless a separate easement or license agreement is acquired 5. Within"backyard"and"side-yard" easements 6. Areas inaccessible to equipment or personnel 7. Within 10 feet of any building or structure. If the sewer depth is greater than 10 feet or sewer size is larger than 10 inches, this distance may have to be greater depending on the soil conditions. L Separation from Potable and Recycled Water Mains — Separation shall meet the requirements called for in the IDAPA 58.01.16, "Wastewater Rules". If the IDAPA separation requirements cannot be met, a letter to the City Engineer requesting a waiver of the requirements, along with an explanation for the request, should be submitted. If the waiver is justified the applicant will receive written notification approving the waiver. M. Horizontal Separation Between Water and Sewer Lines — Where sewers are constructed deeper than 15 ft to flowline, separation greater than 10 ft is desirable. See table in Section 2-15.E N. Separation From Other Utilities — A minimum horizontal clearance of 4 ft and vertical clearance of 1 ft is required for all utilities crossing water and sewer mains. O. Drainage Swales— Sanitary sewer pipelines crossing drainage swales shall require a steel sleeve to be installed allowing access for maintenance and removal of the pipe. The pipe sleeve shall have 1 foot of clearance from the top of the sleeve to the bottom of the swale. HDPE DR7 pipe may be substituted for steel. P. Abandoning Sewer Mains — Sewer mains that are to be abandoned (taken out of service) shall be disconnected from the manhole that is to remain in service. A water-tight repair shall be installed in the unused inlet/outlet of the sewer manhole. Grout ends of abandoned pipe with cementitious grout. Q. Final Mainline Slope—The last upstream section of any 8 inch mainline;pipe slope shall be a minimum of 0.6%. R. Common Drive—In common driveways, the following shall apply unless otherwise approved by the City Engineer: 1. Four or less lots — services shall be extended from the sewer main in the right-of-way. 2. Five or more lots (not usually allowed)— Sewer mains in the common drive will be private and are the responsibility of the HOA to maintain. Private sewer mains shall have manholes at the right-of-way boundary and at the end of the line. Manhole lids shall be labeled as "Private Sewer". S. Pool Filter Backwash - Backwash from a pool filter may be discharged to the sanitary sewer at a maximum rate of 50 gallons per min (gpm) unless greater discharge rates are requested and the Public Works Department can verify the available capacity through modeling. The backwashing setup must have permanent, non-adjustable,infrastructure(pipe diameter size, orifices plate, etc.)that minimizes backwash flow rates to 50 gpm or less. Flow limited by a valve or other adjustable controls will not be allowed. Discharge activities can occur at any time of day EXCEPT those times listed below: Section 5 —Sanitary Sewer System September 2024 28 1. Weekdays 6 - 8 AM and 8-10 PM 2. Weekends 10 AM— 12 PM and 8 — 10 PM There shall be no direct connection between the pool backwash filter discharge and the pool itself that would allow the pool to be discharged to the sanitary sewer. Discharge of the pool into the sanitary sewer is strictly prohibited. T. Steel Casings- Steel casings are intended to protect the water main,protect the utility or road being crossed, and/or allow access for maintenance or replacement. 1. Steel casings shall be required in the following situations: o Open channel water crossings o Crossings of State Highways o Crossing of Railroad Tracks o Crossings of any utility where the owner of such utility may limit the City's ability to access the water main (such as irrigation district facilities) 2. Design Standards: a. Locate casings outside the footprint of bridges / culverts whenever possible b. Casings crossing roadways must be extended far enough to provide easy access for maintenance, repair or replacement. (See Standard Drawing SW 1) 3. See Standard Drawing W 15 for more information. 5-7 PRIVATE SEWER MAINLINES: Where mainlines are located on private property and serve only one parcel or serve parcels along common driveways, they shall be private and will require a plumbing permit. Onsite private mains shall be designed and constructed in accordance with all applicable Federal, State and local requirements. Private manholes shall be labeled "Private" on the manhole cover. 5-8 MANHOLES AND CLEANOUTS: Sewer manholes shall be placed at the intersections of all sanitary sewer lines; at all changes in pipe size and direction; at the end of any line terminating in a cul-de-sac; at the end of all +permanent lines. A manhole shall be installed at any temporary line more than 150 feet in length that serves more than four(4)Equivalent Residential Units (ERUs), or terminates at a property boundary where the adjacent property has a different ownership or is not a phase of the overall development. Care should be taken to avoid placement of manholes in wheel paths of travel lanes. The angle of a pipe into/out of a manhole, when measured from the upstream pipe to the downstream pipe, must be at minimum 90 degrees. Any angle less 90 degrees must be approved by the City Engineer. A. Drop Manholes — Drop manholes are not allowed without approval of the City Engineer (refer to City of Meridian Supplemental Specifications, Section 502, Part 3). B. Clean-outs — T-Type cleanouts may be used at points where the sewer line is terminated, but shall be continued to subsequent phases of a subdivision or other projects in the future(refer to City of Meridian Supplemental Specifications, Section 503, Part 2.13). C. Sealed manholes with venting should be utilized in areas of the collection system with a high probability of infiltration. This would include, but is not limited to, Section 5 —Sanitary Sewer System September 2024 29 manholes next to gutters, catch basins or other areas where stormwater will collect and regularly flow into the manhole lids. 5-9 SEWER SERVICE LINES: Sewer service lines shall conform to Idaho Standards for Public Works Construction and the National Plumbing Code, and shall be designed and constructed per the following guidelines: A. General Requirements -The sewer service lines shall: 1. Extend from the collector sewer to the edge of public rights-of-way or edge of easement. New service lines shall not be located in residential driveways. 2. Be perpendicular to the sewer main line. 3. Have the location marked with an"S"at the back of sidewalk on the property line as a sewer service. 4. Sewer service lines through underground storm water infiltration beds or drainage swales are not allowed unless approved by the City Engineer. If approved, see the City of Meridian Supplemental Specifications to the ISPWC for sleeving requirements for services through storm water facilities. B. Care shall be taken to avoid locating sewer service lines within 5 feet of street tree locations. C. Sewer service lines shall not cross adjacent residential parcels. D. Sizing—Sewer service pipe diameter shall be a minimum of 4 inches for residential. Commercial service sizes shall be designed to meet flow requirements but shall be 4 inches minimum. 1. A separate and independent sewer service line shall be provided for every lot,building, and/or structure. 2. No more than three 4-inch sewer service connections into a single pre-cast manhole base will be allowed. E. Material—The sewer service pipe and connecting"T"or"Y"shall be PVC pipe, as identified in the City of Meridian Supplemental Specifications. F. Location - When sanitary sewers are constructed as part of new subdivision improvements, a sewer service line shall be constructed to the approximate center of each lot. G. Depth — The Design Professional shall verify the adequacy of the normal service line depth at the edge of easement or right-of-way to serve the intended parcel. H. Slope—The National Standard Plumbing Code requires 4-inch service lines to have a minimum slope of 2%to the property line. Where sewer service line will have less than 4 feet of cover, a 1% slope may be used with the approval of the City Engineer. The slopes for sewer service lines 6-inches or larger can be engineered with slopes which achieve a minimum velocity of 2 feet per second with the pipe flowing full or half- full. I. Unused sewer service lines —Unused sewer service lines shall be disconnected at the intersection with the main or manhole. Cut and cap the service at the tee or install a water-tight repair in the unused inlet of the sewer manhole. If capping the service at the mainline is not feasible, a CIP liner can be used to seal the inside of the mainline, and the service line cut at the back of the curb and capped. Section 5 —Sanitary Sewer System September 2024 30 5-10 SPECIAL REQUIREMENTS IN DEVELOPED AREAS: In cases where developers are extending sewer mainlines through developed areas,these requirements apply: A. Property owners adjacent to or within 300 feet of the sewer extension project shall be contacted to gauge their interest in obtaining a sewer service. B. Property owners requesting a service,and willing to pay for the associated cost,shall have a sewer service installed as a part of the sewer mainline extension project. C. A property owner's request for service shall be honored wherever practicable. D. Parcels with two or more sources of sewage may have independent sewer services provided to each source. E. Redevelopment projects with existing sewer lines or services located in easements or alleys, shall relocate mainlines and services to public streets or rights-of-way whenever feasible. 5-11 CORROSION PROTECTION: If required, a Geotechnical Report shall include results of a soil corrosivity test if there are any proposed metallic structures such as steel casing, ductile iron pipe, steel reinforcement, etc., along the alignment of the pipeline, and recommendations regarding corrosion protection. 5-12 COMMERICIAL RV DUMPS Commercial RV Dumps are not allowed without prior approval of the City Engineer. 5-13 PRETREATMENT REQUIREMENTS: Industrial and commercial wastewater discharges to the sanitary sewer system are regulated through the Industrial Pretreatment Program, which was established by Title 9, Chapter 2 of the Meridian City Code. The Pretreatment Program consists of permitting, inspecting, monitoring, and sampling of all applicable industries and businesses to ensure compliance with applicable local, state and federal requirements. Any industrial or commercial business that discharges or plans to discharge process wastewater to the City of Meridian City sewer system must meet specific discharge standards as determined by the Pretreatment Program. A. Grease Interceptors — Grease interceptors conforming to Pre-Treatment Standard Drawing S2 shall be installed to all grease-bearing wastewater discharge lines leading from sinks, drains and other fixtures or equipment in Food Service Establishments (FSE) that perform cooking operations from establishments including, but not limited to, those listed below: 1. Restaurant, cafe, lunch counter, cafeteria 2. Bar or club 3. Hotel/Motel 4. Hospital, retirement home, sanitarium 5. Factory or school kitchen The City of Meridian, as the local authority, has determined the minimum capacity size for grease interceptors is 1500 gallons, with double chambers and installed underground. Interceptors shall also meet the following requirements: 1. Interceptor shall be located outside of building in a location accessible to Section 5—Sanitary Sewer System September 2024 31 waste hauler service provider. 2. Install interceptor per manufacturer's specifications. 3. Application of an interior protection coating to decrease grease vault interior material decomposition. 4. All waste shall enter through inlet pipe only. 5. The primary and secondary chamber outlet & inlet pipes shall have tee connections with open pipe tops to allow visual inspections of influent and effluent(wastewater) by City inspectors. 6. Tee pipe length shall be 12-14 inches from the tank bottom, center baffle cross over tee pipe is usually recommended as per grease interceptor manufacturer's design. 7. Chamber lids shall prevent odors with a built-in handle or notched side to insert a tool to allow easy access for lid removal. Temporary sealant type material is only allowed in lid holes to eliminate odors, bolts to secure lids are recommended to ensure an air-tight seal. 8. All surface water shall drain away from manholes. 9. Each business establishment for which a grease interceptor is required shall have an interceptor which shall serve only that establishment. Interceptors shall be considered part of the building plumbing, therefore part of the upper sewer service line, subject to maintenance by the Owner. B. Oil/Sand Interceptors — An Oil/Sand Interceptor conforming to Pre-Treatment Standard Drawing S3 shall be installed for any type of business having the potential of producing oil and sand or grit waste, including but not limited to those listed below: 1. Auto Body Repair Shop 2. Auto Repair Shop 3. Car Wash 4. Commercial Laundry/Laundromat 5. Outdoor vehicle wash pads (pad shall be designed to not allow storm water from surrounding area to enter system) The City of Meridian as the local authority, has determined the minimum capacity size for Oil/Sediment interceptors is 1500 gallons, with double chambers and installed underground. Interceptors shall also meet the following requirements: 1. Interceptor shall be located outside of building in a location accessible to waste hauler service provider. 2. Interceptor must be installed per manufacturer's specifications. 3. All waste shall enter through inlet pipe only. 4. The primary and secondary chamber outlet & inlet pipes shall have tee connections with open pipe tops to allow visual inspections of influent and effluent(wastewater)by City Inspectors. 5. Tee pipe length shall be a minimum of 12-14 inches from the tank bottom; center baffle cross over tee pipe is usually recommended as per grease interceptor manufacturer's design. Field adjustment of pipe lengths may be allowed as determined by a City Pretreatment Inspector. 6. Chamber lids shall prevent odors with a built-in handle or notched side to Section 5 —Sanitary Sewer System September 2024 32 insert a tool to allow easy access for lid removal. Temporary sealant type material is only allowed in lid holes to eliminate odors, bolts to secure lids are recommended to ensure an air tight seal. 7. All surface water shall drain away from manholes. 8. Each business establishment for which an Oil/Sand Interceptor is required shall have an interceptor which shall serve only that establishment. Interceptors shall be considered part of the building plumbing, therefore part of the upper sewer service line, subject to maintenance by the Owner. C. Other Requirements by Facility Type - The following are examples of some industrial/commercial facilities regulated by the Industrial Pretreatment Program per the Pretreatment Standards as identified in Meridian City Code Title 9, Chapter 2 Sewer Pretreatment: 1. Dental Offices o Silver recovery system for x-ray wastewater. o Mercury amalgam separator is recommended. 2. Car Washes -No solvent discharges allowed. Car washes are required to have a wash water recycling system. 3. Dry Cleaning Shops-Still bottom water evaporator for solvent recovery.No discharge of perchloroethylene allowed. 4. Film processing and Photo Development Labs—Silver recovery system. 5. Commercial Laundry/Laundromats — Solvent recapture and high temperature mitigation. 6. Machine Shops — Recapture of metalworking fluids and solvents as no discharges allowed. 7. Radiator Repair Shops — Closed-loop process cleaning system with sealed holding tank. Zero Discharge Permit is required with disposal service identified. D. Approved Exception to the In-Ground Grease Interceptor — In certain cases as determined by the City of Meridian's Pretreatment Program, a suitable portable unit may be approved on a very limited basis with specific requirements. An Electro- Mechanical Unit or Automatic Grease Interceptor (AGI) may be installed to the facilities clean up sink. This unit shall be of the type designed to mechanically remove fats, oils and grease (FOG) automatically. Unit shall have a timer device to activate contained grease discharge in a separate container for proper disposal. Passive grease traps are not allowed in a new or remodeled construction activity. E. At the discretion of the Publicly Owned Treatment Works' (as defined in MCC 9-2- 1-4) superintendent or designee; enter into a written agreement or permit with the City of Meridian establishing comparable best management practices MCC Title 9, Chapter 2 Sewer Pretreatment 9-2-2- 1 D 2. -END OF SECTION- Section 6—Street Lighting September 2024 33 SECTION 6 STREET LIGHTING 6-1 SECTION SUMMARY: This section contains guidance and requirements for street lights and the development of street light plans. Guideline drawings are included at the end of the section. Please refer to the drawings as well as the section standards when designing development street lighting. 6-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of street lighting. Conflicts between these requirements shall be resolved on a case-by-case basis. A. All applicable standards as listed in Section 2-2 B. ANSUIES RP-8-14 Roadway Lighting C. AASHTO Roadway Lighting Design Guide 6-3 STREET LIGHTS REQUIRED: A. Street lights will be required for all developments within the urban area, along all streets and pathways offered for dedication, including existing streets bordering the development unless exempted by Section 6-4 below. In addition, street lights may be required for lots and parcels containing existing structures which are being improved or altered, depending on the nature and extent of the work. Illustrations of street lights generally required are shown on Design Standards Drawing 6A. B. Existing streetlights along the developed, improved or altered parcel shall be upgraded to meet the current city standards and specifications. See Sections 6-8 and 6-9. 6-4 STREET LIGHTS NOT REQUIRED: Street lights will not be required under the following circumstances: A. For planned developments, residential, commercial, and industrial developments where internal streets are not offered for dedication, a street lighting system will not be required for the internal non-dedicated streets, but shall be provided by the developer on external public street frontage. B. In areas where site conditions preclude the installation of street lights adjacent to the development, the owner or developer will be required to deposit monies sufficient to design, install, and inspect street lights under the direction of the Meridian Public Works Department. These lights will be installed when site conditions adjacent to the development become more favorable or in alternate locations in the general vicinity of the development. 6-5 DEVELOPER'S RESPONSIBILITY: A. Existing street lights which must be relocated or repositioned as a result of the construction of new streets or driveways into a development are the responsibility of the developer to relocate. B. Any new services, including those with a step-down transformer,which are required as a result of the modification of an existing utility service pedestal, are the Section 6—Street Lighting September 2024 34 responsibility of the developer. C. The developer is responsible to ensure that power remains to the existing street light system until the new street light system to replace it is complete and functioning correctly. D. The developer is responsible for all costs associated with creating a fully functional lighting system. E. The developer, or his legally authorized representative, is responsible for providing as-built record drawings of the street light installation as described in Section 1102 Part 1 of the Supplemental Specifications. 6-6 CERTIFICATES OF OCCUPANCY: A. Lack of a functional street lighting system at the time certificates of occupancy are requested shall be grounds for denial of such certificates. B. A finalized electrical permit, issued through the City of Meridian Building Division for street light system work, is required before the City will assume energy costs and authorize Idaho Power to energize the street light system. 6-7 PLAN DETAILS: A. Plans shall show and identify all street lights to be installed, all existing lights in the project vicinity and all applicable provisions and details specified in these standards. B. The street lighting plan should be included in the overall development plan set and shall be a stand-alone plan containing the following information: 1. A vicinity map or equivalent 2. Utility poles and public easements 3. Names of adjacent subdivisions 4. Names of streets, and if streets are public/private 5. Block and lot numbers if available 6. Intersecting property lines of adjacent properties 7. A"Symbols"legend conforming to Design Standards Drawing 6A 8. ANorth arrow and appropriate scale (1"=10' to 1"=100') 9. All existing street lights on both sides of any streets 10. Street Lighting Standard Notes located on the City's website Land Development Services section; Standard Notes for Development Projects 6-8 DESIGN REQUIREMENTS: Street lighting shall be designed in conformance with these standards and the current editions of the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Average maintained illuminance or luminance levels, uniformity, and veiling luminance ratios shall be designed to meet the levels specified in the ANSI/IES RP-8-14 or the AASHTO Roadway Lighting Design Guide. Data and calculations verifying compliance of the above requirements shall be submitted for review, or the Design Standards included herein shall apply. A. Avoid excessive light trespass into neighboring residences. Utilize IES Type II distribution patterns and/or house-side shields where light trespass could be an issue. B. Coordinate street light locations on design plans to avoid conflicts with tree locations Section 6—Street Lighting September 2024 35 identified in the landscaping plans. 6-9 STREET LIGHT DESIGN DETAILS: Design details for street lights are as follows: A. Intersections — Intersections shall have at least one street light; this includes large commercial driveways. Intersection street light locations and the number required shall conform to Design Standards Drawings 6D, 6E, and 6F. B. Cul-de-sacs—All cul-de-sacs shall have a street light within the `bulb,' as shown in Design Standards Drawing 6E. C. Micro-paths & Multi-use Pathways— Street lights shall be placed at both ends of micro-paths and multiuse pathways. Bollard type lighting may be required along the length of the pathway per UDC 11-3A-8. In the case of properties abutting State Highway 55 (Eagle Rd), decorative pathway lighting may be required per UDC 11- 3H-4C3. D. Spacing — Maximum street light spacing shall be measured along roadway centerline and shall conform to Design Standards Drawing 6C. Maximum spacing for downtown historical poles shall be 80 feet. E. Street Light Poles — The position of street light pole bases shall conform to the Supplemental Specifications. Poles located along State Highways, within the clear zone, shall have breakaway bolts. 1. All Type 1 street light poles shall be round steel powder-coated black per the Supplemental Specifications, and conform to Supplemental Specifications Drawing T1 unless otherwise directed by the City of Meridian Transportation&Utility Coordinator. 2. A davit pole maybe approved by the City Engineer in place of Type 1 poles in instances of overhead utility line conflicts. 3. All Type 2 street light poles shall be square steel with bronze polyester coating and conform to the Supplemental Specifications. 4. Historical poles shall be used in the Downtown Meridian Redevelopment area and shall conform to the Supplemental Specifications. F. Luminaires—Luminaires shall be LED fixtures that are on the approved fixture list (see Design Standards Drawing 6C, note 2), or have been pre- approved in writing by the City's Transportation and Utility Coordinator. G. Service — All street light systems shall have underground electrical services provided. Service voltage shall be 120 or 240 volts only. 1. The City Engineer or authorized representative may approve overhead service in unusual areas when justification is given why service cannot be provided underground. H. Metering — All lights on arterial and collector roads (except those fully contained within a residential subdivision) shall be metered per Idaho Power requirements. The meters shall be contained in a service pedestal conforming to Division 1100, section 1102 of the Supplemental Specifications. Where a metered system is required, new and existing developments shall install conduit with one No. 10 stranded pullwire from the last light on each end of the system to the adjacent property line on a stubbed street, where the adjacent property has no existing street light system. This will allow for the continuation of the street Section 6—Street Lighting September 2024 36 lights when the adjacent property is developed. I. Installation of Non-Standard Street Lights— 1. Where standard Type 2 lights are required, the City may approve the use of non-standard street lights (e.g. decorative street lights not specified in the City Standards) with a written agreement between the City and Developer, releasing the City from maintenance responsibility. The City will accept responsibility for the energy cost of these street lights. A sample agreement can be obtained from the Public Works Department. 2. When the use of non-standard street lights is approved by the City, the developer shall be required to submit design calculations for the pole spacing including photometric calculations and plots showing the design meets the minimum light levels and other criteria of these Design Standards. The City reserves the right to deny use of specific light pole models. 6-10 LAYOUT DESIGN PROCEDURE: The purpose of the layout process is to establish an overall uniform street light system meeting minimum requirements. The design procedure for the street light layout is as follows: A. Identify the nearest control points (intersections, 90 degree bends in streets, large driveways, existing street lights) in each direction of travel from the street light locations being planned. Determine the location of the street lights at the control points in conformance with Section 6-9 above. B. Identify any existing street lights situated between the intersections. C. Determine the distance between control points on either end of the design area. D. Divide the distance into equal spaces between lights not to exceed the maximum spacing requirements specified in Section 6-9 above. E. Compare the light locations to intersecting property lines, driveways, micro- paths/pathways, and other obstructions as follows: 1. If the location falls close to a property line and it can be adjusted to the property line within the maximum spacing allowed, then the adjustment should be made. 2. Generally, street lights should be situated at lot corners for residential lots and parcels with minimal frontage (75 feet or less). The light spacing may have to be unbalanced, with additional lights being added, to attain this and still comply with the maximum spacing allowed. 3. Street light locations shall be adjusted to miss driveways, existing utility poles,trees, and other obstructions by the clearances shown in Supplemental Specifications drawing T8. F. Where street light pole installations cannot be reasonably accommodated due to existing utility-owned poles with overhead electric power lines, the serving utility company should be contacted to determine if street lights can be installed on the existing poles. G. On all streets except for collectors with metered lights,lights should be staggered on either side of the road to create better uniformity(i.e. lights on one side of the road should be located approximately halfway between lights on the opposite side). In some cases, the layout may need to be one- sided due to utility conflicts. If a single sided layout is required, it will be communicated to the designer during the pre-plat Section 6—Street Lighting September 2024 37 or Certificate of Zoning Compliance application process. H. The layout for collector streets with metered lights should be one-sided to reduce the amount of conduit, wire and service pedestals required. I. For metered lights (one-sided) layouts; the streetlights shall be installed on the development's side of the street unless an alternative is approved, in writing,by the City Engineer or his authorized representative. Streetlight Drawings —Next 6 pages Section 6—Street Lighting September 2024 38 SYMBOLS PROPOSED EXIST ING u r '- -- ` � 1YPE 1 STREE1 IJGHT TYPE 2 ST RED UGHT JUNCT ION BOX S ERViC POINT JIJN cnoN BOX CONDUIT l S ERVI CE ENC LOSU,RE (CAN) 0 U.G. UitLJliliYSERVIICE f;j_ IRAN SIFORMER --�-- - -'..' - UllUTYPOLE City Engtooer CITY'OF MERIDIAN STRE:ETLIGH17 ING JI SCAW; N01:1HE I_EMN: .ru.., PUBLIG WORKS DEPART MEIVr ?OLES&SYMBOLS 11 DATE; M40t5 I OWG: 1S Section 6—Street Lighting September 2024 39 STREET CLASSIFICATIONS PEDESTRIAN STREET FROM JO CLASS AMITY MCDERMOTT-CLOVERDALE LOW BLACK CAT CHINDEN • LAKE HAZEL LOW CHERRY MCDERMOTT - MERIDIAN LOW CHERRYIFAIRVIEW LINDER- CLOVERDALE MED CHINDEN, '2{)126 STAR • EAGLE LOW COLUMBIA MERi❑I AN- CLOVERDALE LO'W EAGLE, SR55 MCMILLAN - OVERLAND MED EAGLE OVERLAND - LAKE HAZEL LOW FRANKLIN MCDERMOTT-CLOVERDALE MED LINDER CHINDEN - COLUMBIA LOW LAKE HAZEL MCDERMOTT- CLOVERDALE LOW LOCUST GROVE CHINDEN • USTICK LOW VIU I UKY - UULUMBIA LOCUST GROVE USTICK - VICTORY LOW MCDERMOTT OVERLAND - LAKE HAZEL LOW MCMILLAN STAR- LOCUST GROVE LOW MCMILLAN LOCUST GROVE - EAGLE LOW MERIDIAN CHINDEN - USTICK LOW MERIDIAN LiSTICK-OVERLAND MED MERiDIAN SR69 OVERLAND - COLUMBIA LOW OVERLAND TENMILE = CLOVERD ALE LOW PINE TEN MILE - IOCUST GROVE MED PINE LOCUST GROVE - CLOVERDALE MED TEN MILE CHINDEN - LAKE HAZEL LOW USTICK STAR- CLOVERDALE LOW VICTORY MCDERMOTT • CLOVERIALE LOW City Engineer CITY OFERIDIAN MERIDIAN STREEf CLAIFICATiCINS SCALE. NONB D bI N, 1UQ : ss PUBLIC WORKS DEPA.RTWENT I MTI;; MI•Xli iii I C1NG; fjo Section 6—Street Lighting September 2024 40 STREET NOMINAJL S.TANDARD MA>aMUM MAXIMUM SiRE.e;T WIDiH UGHi MOUITTING MAST AR:M SPACING SF>ACING" tbo-tbc T"I"PEu• HEIGHT LEINGiH (Sa.aggered.) (On0 Sidoo) 8 H05fl. 35' 1 5' .250" NA 66-84 rt; 1 35' j 12' 30D' 200 45- 4,ft I 1 1 2,(1' ! B' 22D" 221)' 34-44 ft I :2 od I 25'or:30' ! NAorir 220-or 21 r, [no- or 270' i N 33 ft or leGs. I 2 .25 NA :28D" 260" m r+ N o ro 3 cn NOTES: a- rt ro m m 1. USE ROADWAY WIDTHS AS PLANNED TEN YEARS No �* • S?ACING ON ROAD-5 65 FT ANO WIDER FROM TH'E.ANTICIPATED CONSTRUCTION DATE PER N ACCOUNT FOR DISTANCE;BEMEEN THE ACHID CAPITAL IMPRDVEMEI'IJT PLAN POLES ON ON E SIDE.OF R.OADWAY ONLY r+ MMSPA.0 ING FORTIiETW'O MOUNTING 2, SEE APPROVED FIXTURE USI ON 1 He LAND HEIGIfTS ARE USTED R5SPECTIVELY DEVELOP'M ENiT SERVICESPAG E OF THE CIT'tf WEBSITE F'OR A LIST OF MOOELS APP.ROVE IJ FOR EACH SEE: ORA.WI G 6A ROADWAY CL..ASSIFiICAii ON 3. WM ENS USED TO CAL.CUL.ATE SPACING SMAUL BE; REDUCED BY A LIGITT LOSS FACTOR OF 0.86 FOR LSD LAMPS AND 0.711 FOR OTHER UG HTSOURCES 4.. SPACING MAY BE ADJUSTED"' 10% TO ALLOW FOR DRIVEWAYS STREET IIGHTIt-JG DESIGN CRITERIA 1101,111NIE, I ULr. — PUBLIC WORKS DEPARTMENT BATE: 4 1 :t!J113 D'WG 6C 41 n� ARTE ALCR COLLE:C.TOFI 1-0 1' rn r ) O a ARTERIAL OR. ,0OLLECTOR 77 m Q0 Cit_„Engn:er CITY OF MERID IAN TYPICAL STREET LIGHT LOCATIONS ac.s7.i:: NOML• 0-W.'T I\NP PUBLIC YiDR:I<S DEPARTMENT rOR AR.TI::RIALS AND COLLcCTIJfiS DATE: 11"11:1.14, DWG: 60 Section 6—Street Lighting September 2024 42 SELECT ONLY ONE LOCATION PLACE ON NEAREST PROPERTY LINE SELECT ONLY ONE LOCATION 0 NOTE: USE I.E.S. TYPE III DISTRIBUTIONS AT INTERSECTION AND CUL-DE--sACS City Engineer DfTY OF MERIDIAN TYPICAL L.C."'.J,CAj[0N:9 SCALE: NONE I OWN: Tice 61.IC:WORKS ❑EPARTWENT RESI❑ENTIAULOCAL STREET$ lli\T1;;12-201-4 D'IIIG: 16F. Section 6—Street Lighting September 2024 43 IOC,AL STREET ROUNDABOUT $- A \,O ——----------------- - -<J [>a- V 93 NON-LOCAL STREET ROUNDABOUT UMFG City Engineer CJTY OF MERtDIAN TVPICA.'L STREET LIGHT LOCATIONS 6-OPLE N(II'I.I ❑v.:t-1: PII BLIC WORKS OEP.ARTmE;NT fOR ROUNDABOUTS DATe 9'22-2014 D'IMG: BF -END OF SECTION- Section 6—Street Lighting September 2024 44 SECTION 7 GRADING AND DRAINAGE 7-1 SECTION SUMMARY: This section contains general, technical, and submittal requirements for the design of grading and drainage for a development project. 7-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of grading and drainage. Conflicts between these requirements shall be resolved on a case-by-case basis. A. All applicable standards as listed in Section 2-2 B. Current Construction Storm Water Management Program (CSWMP) Manual for City of Meridian Construction Projects C. Policy Manual, Sections 8000, 8200, 8300; Ada County Highway District (ACHD) (Current Edition) D. Catalog of Storm Water Best Management Practices for Idaho Cities and Counties, Idaho Department of Environmental Quality(IDEA) (Current Edition) E. National Pollutant Discharge Elimination System General Permit for Discharges from Construction Activities (CGP) , Environmental Protection Agency (Current Edition) F. Meridian City Code (MCC), Title 11 - "Unified Development Code" (UDC), Chapter 3 7-3 GENERAL REQUIREMENTS: The following sub-sections identify the general requirements for grading and drainage standards. These provisions do not apply to an individual single-family home construction site/lot. Additionally, all projects impacting the Right-Of-Way(ROW) shall obtain approvals from all necessary agencies including, but not limited to, the Ada County Highway District (ACHD) and the Idaho Transportation Department QTD) as required by those agencies governing the ROW. A. Grading Requirements - Site grading shall not create or contribute to flooding, erosion, increased turbidity, siltation, or other forms of pollution in a water course. When filling, excavating, dredging, or moving earth material alters the existing grade of a site the owner/developer shall protect adjoining properties during and after construction. The tops and toes of graded slopes shall be set back from project boundaries and structures as required by generally accepted best practices in order to ensure safety, provide adequate foundation support, and prevent damage resulting from water runoff or erosion. For individual lot grading within a development refer to the most currently adopted International Residential Code, International Building Code and any COM Local Amendments. B. Drainage Requirements, General - Per Section 11-3A-18 of the Unified Development Code(UDC),all developments are required to build adequate drainage facilities. 1. The City of Meridian reviews grading and drainage plans and related Section 7—Grading and Drainage September 2024 45 improvements for all development projects which include, but are not limited to, commercial and industrial development,parking lot construction or expansion, private road construction, and additions to existing development that may affect the generation or disposal of storm water. Off- street parking and private roads or accesses associated with multi-family residential projects are also subject to the requirements of this section. 2. The City does not exercise authority over the design, installation, operation, or maintenance of storm water conveyance, storage, or disposal systems serving public right-of-way. C. Offsite Discharges - It is the Design Professional's responsibility to obtain approvals from any applicable agency for discharges of storm water off-site. Conditions of approval contained in a project's Conditional Use Permit, Development Agreement, or other documents approved by the City Council may preclude off-site discharges regardless of other agency approvals. 7-4 SUBMITTAL REQUIREMENTS: A. Grading & Drainage Plans — In addition to the requirements of section 3 of this manual, the grading and drainage plan must include, at a minimum, finished pad elevations; finished grade flow direction arrows; location, type, and size of conveyance systems; disposal facilities; and erosion and sediment control Best Management Practices (BMP) design and details. Existing and proposed water, sewer, and irrigation improvements must also be shown on these plans. Grading and drainage plans must be stamped by a Professional Engineer or Landscape Architect licensed in the State of Idaho. Unstamped,unsigned plans will not be accepted or reviewed. B. Drainage Calculations- Drainage calculations must be submitted with the grading and drainage plan that show the tributary area, design storm return frequency and duration, runoff volume, peak discharge, storage volumes, peak outflows and any other necessary calculations. These plans must be stamped by a Professional Engineer or Landscape Architect licensed in the State of Idaho. Unstamped, unsigned calculations will not be accepted or reviewed. Drainage calculations shall conform to the latest revision of Sections 8000 and 8200 of the ACHD Policy Manual. Submit the calculations in a professional and legible manner. The calculations must list the project title, the project address, date of last revision, and sheet number. Section 7—Grading and Drainage September 2024 46 C. Other Required Documents — If the storm drain system for the proposed development includes discharging storm water to facilities owned by drainage districts, irrigation districts, adjacent developments, or property not a part of the proposed development, a fully executed permit or agreement to discharge offsite must be submitted to the City prior to plan approval. This does not apply to systems owned or operated by ACHD as ACHD would be the approving authority. The designer shall provide a copy of a soils or geotechnical report indicating existing seasonal high ground water elevations, soil classifications and percolation rates. The report shall be prepared by a geotechnical engineer, hydrogeologist, or professional engineer licensed in the State of Idaho. Provide specifications for proper long-term Operation and Maintenance including inspection checklist, inspection frequencies and recommended maintenance tasks necessary to ensure operation according to the original design. 7-5 TECHNICAL REQUIREMENTS: A. General -All storm water generated on development projects shall be retained and disposed of within the development site. Storm water shall not be discharged to adjacent properties or public right(s)-of-way. In some cases, storm water may be discharged to an existing drainage way or drainage structure if written approval of the discharge is given by the agency having jurisdiction over the drainage way. Written approval must be provided to the City of Meridian. All storm water improvements and BMPs shall conform to the latest revision of the Catalog of Storm Water Best Management Practices for Idaho Cities and Counties, or approved equivalent. B. Materials - Unless otherwise specifically approved, all materials used in the construction of storm water conveyance, storage, or disposal improvements shall be as specified in the most current edition of the ISPWC and City Supplemental Specifications. C. Landscaping - The City encourages integration of storm water management with landscaping. While landscaping requirements cannot be altered to accommodate certain storm water management techniques,innovative and alternative site planning which integrates both aspects will be evaluated on a case-by-case basis. D. Storm Water Management Integration - The Design Professional shall utilize storm water integration as provided in UDC section 11-3B-11 where appropriate when designing landscaping requirements of projects. 7-6 STATEMENT OF COMPLIANCE: The design engineer, architect, or landscape architect must submit a letter of compliance to the City of Meridian Public Works Department indicating that the project has been built in accordance with the submitted design plans, meets these minimum standards and O and M Manual was provided to owner prior to requesting a certificate of occupancy for any building or final acceptance of any development project. -END OF SECTION- Section 8— Pressure and Gravity Irrigation September 2024 47 SECTION 8 PRESSURE AND GRAVITY IRRIGATION 8-1 SECTION SUMMARY: This section contains guidance and requirements for the following: pressure irrigation plan sheets, pressure irrigation system design & sources, gravity irrigation, and regulatory permitting 8-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of pressure and gravity irrigation systems. Conflicts between these requirements shall be resolved on a case-by-case basis. A. All applicable standards as listed in Section 2-2 B. Meridian City Code (MCC) - Title 9, Chapter 1 "Water Use and Service" and Chapter 3 "Cross-Connection Control" C. Meridian City Code(MCC)Title 11 "Unified Development Code"(UDC), Chapter 3 8-3 GENERAL REQUIREMENTS FOR PRESSURE IRRIGATION: All development plans shall include a plan sheet depicting the pressure irrigation(PI)system layout and design. Pressure irrigation systems will meet the requirements of MCC 9-1-28. Along with the layout sheet, the following materials must be submitted: A. If connecting to an existing system, a letter of approval from the entity that owns the system(Homeowner's Association or Irrigation District) B. Statement explaining who will own the new system The City has adopted the standard specifications and drawings prepared by the applicable Irrigation District that the system will be built in. At a minimum, these requirements must be adhered to whether or not the system is to be maintained and operated by that Irrigation District. A letter from the Design Professional will be required stating that the system operates and is constructed according to the approved plan. Each independent HOA within a development is encouraged to have their own single point connection and isolation valves for backup(shoulder season)irrigation. This will allow each HOA to decide if they will or will not activate the backup connection when surface water is unavailable. If the pressurized irrigation system is owned and operated by an irrigation district,the HOA will also have to obtain the irrigation district's approval. Section 8— Pressure and Gravity Irrigation September 2024 48 8-4 PRESSURE IRRIGATION SYSTEM DESIGN A. Main Location - 1. Pressure irrigation mains should be designed in the proper corridors along south and west property lines. Mains shall be designed within the standard rear and side lot line utility easements or common lots. Mains shall not be designed along the front lot lines unless approved by the City Engineer and the owner/operator of the irrigation system. 2. All pressure irrigation main crossings of public rights-of-way,private roads, access roadways/driveways shall be sleeved(C-900)and have valves located no further than 10 feet outside of the right- of-way or road/driveway. B. Meters and Backflow for Municipal Connections - I. Water meters for municipal water single point(shoulder season)connections to the pressure irrigation system shall be located in common areas only. Meter location, size, and meter setter size shall be specified on the plans and designed per City of Meridian Supplemental Specifications. When a common area is not available the location shall be resolved by a case-by-case basis. 2. Cross-connections of individual lots in a subdivision between pressure irrigation and municipal water are not allowed. If a year- round source of water is not provided for the PI system,the developer must provide a backup water source for shoulder season watering(October 15 to April 15). 3. If the developer proposes to install a single point (shoulder season) connection to the City of Meridian domestic water system, an approved backflow prevention device must be installed and shall be noted on the plans. A note shall be added to the plans stating that the reduced pressure backflow assembly must be approved by the State of Idaho, Department of Water Quality and the Water Division of the City of Meridian Public Works Department. Single points of connection maybe provided for each separate system, subdivision,phase, or as appropriate for hydraulic performance and administration. 8-5 PRESSURE IRRIGATION SYSTEM SOURCES A. Surface water shall be utilized as the primary source of irrigation water if available. All systems must have a year-round source. If City municipal water is utilized for a year-round/backup source, a single point connection between the municipal system and pressure irrigation system is required. For design of this connection, see the City of Meridian Supplemental Specifications. B. Pressure irrigation plans shall show the intended point of delivery for surface water and point of connection to municipal water or irrigation well. Irrigable square footage shall be included for assessments. C. If pressure irrigation system causes changes to a gravity irrigation system that will affect downstream users, the developer is obligated to follow Title 42, Chapter I of Idaho State Code—42-109. 8-6 GRAVITY IRRIGATION A. All open gravity irrigation ditches shall be tiled,per MCC Title 11 (UDC). B. Pipe diameter, length, slope and cleanout boxes/manholes shall be noted on the Section 8— Pressure and Gravity Irrigation September 2024 49 plans. Spacing of boxes/manholes shall not exceed 400 feet with a minimum inside dimension of 4 feet by 4 feet. Irrigation box dimensions may be smaller if less than 2 feet deep. Spacing of boxes/manholes may exceed 400 feet if entity responsible for maintenance can verify they are capable of cleaning irrigation lines longer than 400 feet. C. Any modifications to existing gravity irrigation systems require the applicable irrigation district's approval of the design. It is the developer's responsibility to get the irrigation district's approval for modifications made to an existing irrigation facility owned and operated by an irrigation district. Written approval from the irrigation district must be provided to the City of Meridian. D. If downstream users will be affected by changes to a gravity irrigation system, the developer is obligated by State Code Title 42, Chapter 1, Article 42-109 to ensure all downstream users receive their share of water at pre-development times and quantities. 8-7 REGULATORY PERMITTING A. It shall be the responsibility of the Developer to obtain compliance with any Section 404 permitting that may be required by the Army Corps of Engineers. B. It shall be the responsibility of the Developer to obtain compliance with any National Pollution Discharge Elimination System (NPDES) permitting that may be required by the Environmental Protection Agency(EPA). 8-8 OPERATIONS AND MAINTENANCE MANUAL REQUIREMENTS A complete and thorough operations and maintenance manual should be developed for the irrigation system and turned over to the HOA when the development has been completed. -END OF SECTION- Section 10—Streetscapes September 2024 50 SECTION 9 CLASS `A' RECYCLED WATER SYSTEM (This Section has been removed) Section 10—Streetscapes September 2024 51 SECTION 10 STREETSCAPES 10-1 SECTION SUMMARY: This section contains guidance and requirements for the following: streetscape site plan drawings, standards, and design. 10-2 APPLICABLE STANDARDS: The requirements listed below shall apply to design of any streetscapes. Conflicts between the requirements of these streetscape improvement standards shall be resolved on a case- by-case basis. A. All applicable standards as listed in Section 2-2 B. Meridian City Code (MCC) - Title 8, Chapter 1 "City Core Streetscape" C. Meridian City Code(MCC)-Title 11 "Unified Development Code"(UDC),Chapter 3 D. Downtown Meridian City Core Street Cross-section Master Plan E. Current Meridian Parks and Recreation Department Specifications F. American Association of Nurserymen Standards 10-3 REQUIREMENTS FOR STREETS WITHIN PUBLIC RIGHTS-OF-WAY: The requirements of this section pertain to streetscape elements for which the City has authority. Geometric and pavement design of public roadways are governed and approved by the agency responsible for that specific right-of-way, either the Ada County Highway District(ACHD) or the Idaho Transportation Department(ITD). 10-4 FEDERAL AND STATE HIGHWAYS: For development along interstate and state highways (including, but not limited to, State Highway 69, State Highway 55, State Highway 20-26, and Interstate 84), see UDC section 11-3-H. 10-5 ADA COUNTY ROADWAYS EXCLUDING THE CITY CORE: For development along roadways maintained by the Ada County Highway District outside the City Core, see UDC 11-6-C. See Drawing 10-A (attached) for a map of the City Core. 10-6 CITY CORE STREETSCAPES: Within the City Core (see Drawing 10-A), the City of Meridian has specific standards and requirements for development and maintenance of streetscape improvements. When required, streetscape improvements along all public roadways within the City Core shall comply with the following standards: A. Plan Requirements - The City requires site plan drawings for any proposed improvements. 1. Requirements of Site Plans: The following shall be required on the plan: o A vicinity map or equivalent o Demarcation of property lines and Ada County Highway District right-of-way Section 10—Streetscapes September 2024 52 0 Location of existing improvements including those adjacent to neighboring properties, called out with descriptions 0 Location of existing utilities and utility services 0 All proposed paving,tree grates,trees, street furnishings,and other improvements 0 A north arrow and standard architectural or engineering scale 0 A legend indicating any symbols used in plans 0 Indicate adherence with any spacing requirements, existing spacing plans, or streetscape improvement relocation requirements 2. Requirements for Spacing Plans: A spacing plan for the street extending to the block limits shall be required for installation of street trees and street lights when a spacing plan does not already exist on file with the City. The following shall be required on the spacing plan: 0 Demarcation of property lines and Ada County Highway District right-of-way for the full street length 0 Location of existing streetscape improvements and impediments for the full street length 0 Adherence with Design of Layout requirements for street lights and street trees along full street length (see section 10-6-D of this document) 0 A north arrow and standard architectural or engineering scale 0 A legend indicating any symbols used in plans B. Design Standards - Streetscape elements shall be designed by an architect, landscape architect, or civil engineer in conformance with these standards and ISPWC Standard Specifications. 1. Streetscape Requirements: Streetscape improvements shall, at a minimum, be installed in the immediate frontage of the subject property. 2. Surface Material and Treatment: Standard finished surface materials are required as set by each zone of the streetscape, as defined in MCC 8-1-1. 0 Street Furnishing Zone — Concrete unit pavers, per Meridian Parks and Recreation Department Specifications, shall be the finished surface material within the Street Furnishing Zone. 0 Clear Zone — Concrete sidewalks shall be the finished surface material within the Clear Zone. 0 Use Zone — Enhanced concrete paving shall be the finished surface material within the Use Zone. Enhanced concrete paving shall be scored or colored to distinguish it from the Clear Zone. 3. Street Furnishings: All street furnishings shall conform to MCC 8- 1. Street lights shall conform to Section 6 of this document. Benches, trash receptacles, bicycle racks, and other approved furnishings shall conform to Meridian Parks and Recreation Department Specifications. Improvements such as lights, tree grates, newsstands, and planters are required to be spaced four feet(4')or more from other streetscape improvements.Newsstands may be placed adjacent to other newsstands,provided they are a minimum of four feet(4') from other streetscape improvements. Section 10—Streetscapes September 2024 53 4. Street Trees: Class III trees shall be placed in tree grates at approximately 32' spacing. Trees shall be placed to avoid conflicts with alleys and street lights. Where Class III trees may conflict with overhead power lines, tree selection shall be approved by the City Arborist. There shall be a minimum of 6 trees per block where possible. Trees shall be installed per the Meridian Parks and Recreation Department Specifications. 5. Tree grates: Tree grates shall conform to the Meridian Parks and Recreation Department Specifications. C. Specific Standards -Within the City Core, streets running north or south and east or west have standards specific to each street direction. Main Street has specific standards which deviate from other north/south roads. Use zones are defined in MCC 8-1. See the Downtown Meridian City Core Street Cross-section Master Plan for the preferred cross sections. 1. East/West Streetscape 0 Dimensions — Minimum distance from face of building to back of curb shall be 18 feet. Minimum furnishing zone shall be 8 feet; minimum clear zone shall be 10 feet without use zone or 5 feet with use zone. Minimum use zone where exists shall be 5 feet. 0 Street Trees — Trees shall be allowed from the following selection: Botanical Name Common Name Size Imperial Honey Locust Gleditsia triacanthids 'Imperial' (limited use) 3" cal. B&B Acer platinoids'Fairview' Fairview Maple 3" cal. B&B Acer platinoids'Parkway' Parkway Maple 3" cal. B&B Acer plati noids'Deborah' Deborah Maple 3" cal. B&B Fraxinus pennsylvanica 'Patmore' Patmore Ash 3" cal. B&B Fraxinus pennsylvanica 'Urbanite' Urbanite Ash 3" cal. B&B 2. North/South Streetscape (Except Main Street) 0 Dimensions — Minimum distance from face of building to back of curb shall be 13 feet. Minimum furnishing zone shall be 8 feet; minimum clear zone shall be 5 feet. Where right-of-way allows,use zone shall be a minimum of 5 feet. 0 Street Trees — Trees shall be allowed from the following selection: Botanical Name Common Name Size Imperial Honey Locust Gleditsia triacanthids 'Imperial' (limited use) 3" cal. B&B Acer plati noids'Fairview' Fairview Maple 3" cal. B&B Acer plati noids'Parkway' Parkway Maple 3" cal. B&B Acer plati noids'Deborah' Deborah Maple 3" cal. B&B Fraxinus pennsylvanica 'Patmore' Patmore Ash 3" cal. B&B Fraxinus pennsylvanica 'Urbanite' Urbanite Ash 3" cal. B&B 3. Main Street 0 Dimensions—Minimum distance from face of building to back of curb shall be 13 feet. Minimum furnishing zone shall be 8 Section 10—Streetscapes September 2024 54 feet; minimum clear zone shall be 5 feet. Where right-of- way allows, use zone shall be a minimum of 5 feet. o Street Trees — Trees shall be allowed from the following selection: Botanical Name rd Common Name Size Imperial Honey Locust Gleditsia triacanthids 'Imperial' (limited use) 3" cal. B&B D. Design of Layout 1. An entire street block shall be analyzed to determine the spacing of street trees and street lights, even if only one part of the total block will be improved as part of the proposed improvements. 2. The control points of each block are the intersection corners, with the distance in between being the total block length. The total block length divided by the required spacing of the improvements will determine the total number of street trees and street lights required. Once the locations of the required improvements for the block have been estimated, then the location of the improvements needed for a particular part of the block can be determined. E. Streetscape Improvement Relocation - The following standards apply when relocating existing streetscape improvements. 1. Existing improvements within the furnishing zone may be adjusted and moved provided that all damage to hardscape and other improvements occurring as a result of relocation is restored concurrently to a like new state. 2. Relocated improvements shall comply with all City Improvement Standards and Supplemental Specifications. 3. Any modification to existing street lights shall be consistent with City Standards and applicable spacing plans. 4. Replacement t r e e s s h a 11 be installed per City Standards and applicable spacing plans. Section 12—Waterways and Floodplains September 2024 55 Drawing 10-A: City Core Map .L E Pi.01 ne Ave . .�%A I QfXCLaIlD AIM , .ar 1,2 14 M * Ii f. � � � �� Ili.••f � ; LcQend- - I F 64J 4. Northf3outh Scree! ^ r ]x°' «�.M1 , Treatment 3L•$O7rBr�AVH* t Treatment l r -END OF SECTION- Section 12—Waterways and Floodplains September 2024 56 SECTION 11 LANDSCAPING 11-1 SECTION SUMMARY: This section contains guidance and references for landscaping requirements. 11-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of landscaping. Conflicts between these requirements shall be resolved on a case-by-case basis. A. Meridian City Code (MCC) -Title 11 "Unified Development Code" (UDC) B. Downtown Meridian City Core Street Cross-section Master Plan C. American Association of Nurserymen Standards 11-3 GENERAL REQUIREMENTS: Landscaping materials and installation associated with roadways, parking lots, city and private parks, irrigation and storm water facilities, and other similar projects that involve landscaping as required by MCC 11-3B and the Downtown Meridian City Core Street Cross-section Master Plan shall be shown on design plans and constructed in accordance with the requirements provided herein. -END OF SECTION- Section 12—Waterways and Floodplains September 2024 57 SECTION 12 WATERWAYS AND FLOODPLAINS 12-1 SECTION SUMMARY: This section contains guidance and requirements for the following: floodplain development and stream protection, including application and plan set provisions. 12-2 APPLICABLE STANDARDS: The requirements listed below shall apply to the design of projects impacting waterways. Conflicts between these requirements shall be resolved on a case-by- case basis. A. All applicable standards as listed in Section 2-2 B. Meridian City Code (MCC) - Title 10, Chapter 6 "Flood Damage Prevention" C. Meridian City Code (MCC) - Title I I "Unified Development Code" (UDC) 12-3 PROJECTS IMPACTING WATERWAYS A. All projects impacting waterways shall be designed to meet the standards of UDC §11-lA-1 -Natural Waterways; §I 1-3A-6—Ditches, Laterals, Canals, or Drainage Courses; and/or §11-3A-9—Natural Features, as applicable. 12-4 DEVELOPMENT WITHIN MERIDIAN FLOODPLAIN OVERLAY DISTRICT A. All projects located within the Meridian Floodplain Overlay District shall be designed to meet the standards of MCC§10-6. B. Floodplain Development Permit Application: 1. All applicable sections of floodplain development permit applications shall be completed. 2. All floodplain development permit applications shall have the application signed by both the design professional of record and the owner or the owner's legal agent for the project. 3. All floodplain development permit applications shall contain the necessary information required in MCC §10-6, and shall be submitted to the Community Development Department with the applicable fee payment. 4. All floodplain development permit applications shall include electronic files of the applicable hydrologic and hydraulic studies necessary to satisfy MCC §10-6. All studies shall be stamped and signed by the Design Professional. 5. All floodplain development permit applications shall include plan sets and electronic files illustrating the proposed project, and containing the minimum information specified in MCC 10-6-4A2. In addition, plans shall illustrate the following, as applicable: 0 Floodplain Overlay District boundary 0 Floodway Overlay District boundary 0 FEMA regulated 100-year Special Flood Hazard Area 0 FEMA regulated floodway 6. Plans submitted shall be stamped and signed by the Design Professional. -END OF SECTION- Section 12—Waterways and Floodplains September 2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Construction Contract and succeeding PO to Challenger Companies, Inc. for Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) for the Not-To-Exceed amount of$476,042.50. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 8/6/2024 REQUESTING DEPARTMENT Public Works Project Name: Well#17 and Well#25 -Construction of Water Blending Line(Phase 2) Project Manager: Brent Blake Contract Amount: $476,042.50 Contractor/Consultant/Design Engineer: Challenger Companies,Inc. Is this a change order? Yes ❑ No ❑� Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department: 3490 Yes ❑✓ No ❑ Construction ❑✓ GL Account: 96140 FY Budget: FY24 Task Order ❑ Project Number: 11277.b Enhancement: Yes 0 No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes El No ❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category N/A (Bid Results Attached) Yes ❑� No ❑ (Ratings Attached) Yes ❑No ❑ Date MSA Roster Approved: N/A Typical Award Yes ❑✓ No ❑ If no please state circumstances and conclusion: Date Award Posted: Monday,July 29,2024 7 day protest period ends: Tuesday,May 21,2024 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW Contractor License: PWC-C-12879 Expiration Date: 3/31/2025 Corporation Status: Active-Existing Insurance Certificates Received(Date): 8/5/2024 Expiration Date: 1/15/2025 Rating: A+ Payment and Performance Bonds Received(Date): 8/5/2024 Rating: 100% Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? N/A (Only applicable for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) 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: Lowest responsive and qualified bid. Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: August 6,2024 Approval Date 8-13-2024 By: City Council Purchase Order No.: TBD Date Issued: TBD WH5 submitted: TBD (Only for PW Construction Projects) NTP Date: TBD Contract Request Checklist.5.24.2016.Final CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL #17 AND WELL #25 - CONSTRUCTION OF WATER BLENDING LINE (PHASE 2) PROJECT # 11277.b THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 13th Day of August, 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, Challenger Companies, Inc., hereinafter referred to as "Contractor", whose business address is 1415 Madison Ave., Nampa, ID 83687 and whose Public Works Contractor License # is PWC-C-12879. INTRODUCTION WHEREAS, the City has a need for construction services involving Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) per established plans and specifications; and WHEREAS, the Contractor is specially trained, experienced and competento 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 anysuch work is copyrightable, the Contractor may copyright the same, except that, asto 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, orany 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 Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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$476,042.50. 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. Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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 failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord 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 thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate 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 Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe 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 ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of tliability 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, employeeor 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 ofthe personnel of the City in the performance of this agreement shall be made bythe 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 Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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'selected officials,officers, employees, agents, and volunteers from and forany and all losses, claims, actions, judgments for damages, or injury to persons or propertyand losses and expenses and other costs including litigation costs and attorney'sfees, 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, liabilityinsurance, in which the City shall be named an additional insured in the minimumamounts as follow: General Liability One Million Dollars ($1,000,000) per incidentor occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000)perincident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof 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 harmlessCity from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' 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 topersonal 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 City at least ten (10)days Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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 PurchasingAgent 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 bythe Cityor the City's elected officers, officials, employees and volunteers shall be excess ofthe 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 Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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 thecontract 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 rn 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. Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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 asthe 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 datarelating 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 Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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. Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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 underthis 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 thePayment Schedule in the Agreement for compliance. Upon approval that the workhas been done and is in compliance with the Agreement, the Project Manager willapprove 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 IdahoTax 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 vball applicable laws, ordinances, and codes of Federal, State, and localgovernments. Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 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 Challenger Companies, Inc. Procurement Manager Attn: Jason Wright/Joe Gastelecutto 33 E Broadway Ave. 1415 Madison Ave. Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-461-0608 Email: jason@challengercompanies.com joe@challengercompanies.com Public Works Contractor License#: PWC-C-12879 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. Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b CITY OF MERIDIAN: CHALLENGER COMPANIES, INC.: BY: gY; V41e, KEITH WATTS, Procurement Manger JA WRIGHT, Pr al DATED:8-13-2024 DATED: 07 / 3(0202 4 Project Manager Brent Blake Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b EXHIBIT A SPECIFICATIONS / SCOPE OF WORK REFER TO INVITATION TO BID (PW-2424-11277.b) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS INCLUDED IN THE INVITATION TO BID PACKAGE (PW-2424-11277.b), ARE BY THIS REFERENCE MADE A PART HEREOF. All construction work shall be done in accordance with the current versionof the Idaho Standards for Public Works Construction (ISPWC), the City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). This project will entail constructing approximately 188-feet of 16-inch PVC water main, installing 674 -feet if 2-inch fiber optic conduit, installing 7,588-feet of fiber optic cable, and installation of a water control vault. The fiber optic cable will be installed in the conduit between Well 17 and the reservoir along with the necessary controls and equipment to allow the City to pump water from Well 17 directly into the ground reservoir. A pressure sustaining valve will also be installed in the new underground water control vault. See the following separate attached document: • 5 - Drawings -- Well #17 and Well #25 - Construction of Water Blending Line (Phase 2). (19 Pages) • 6 - Plans & Specifications Special Provisions -- Well #17 and Well #25 - Construction of Water Blending Line (Phase 2). (40 Pages) Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Contract shall not exceed $476,042.50. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 180 Days From Date of NTP Milestone 2 Final Completion 210 Days From Date of NTP PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for Well #17 and Well #25 - Construction of Water Blending Line (Phase 2). NOT-TO-EXCEED AMOUNT.............................................$476,042.50 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 Total Cost 1 Type C Surface Restoration (Gravel) 50 SY $200.00 $10,000.00 2 16" PVC, AWWA C900, DR 25, Water Main 188 LF $200.00 $37,600.00 3 Locate Station Per Meridian SD-G5 1 EA $1,000.00 $1,000.00 4 16" Gate Valve 1 EA $7,500.00 $7,500.00 5 Sediment Control 1 EA $2,500.00 $2,500.00 6 Inlet Protection 2 EA $400.00 $800.00 7 2" Fiber Optic Conduit With Locate Wire 674 LF $8.00 $5,392.00 8 Fiber Optic Junction Box, Type H2436-24H 3 EA $1,000.00 $3,000.00 9 Construction Traffic Control 1 LS $4,000.00 $4,000.00 10 Mobilization 1 LS $15,000.00 $15,000.00 11 Lawn Sod Restoration 8,325 SF $2.50 $20,812.50 12 Fiber Optic Cable 7,588 LF $13.50 $102,438.00 13 Well #17 Fiber Optic Connection 1 EA $45,000.00 $45,000.00 Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b 14 Victory Booster Station Fiber Optic Connection 1 EA $45,000.00 $45,000.00 15 Water Control Vault 1 EA $150,000.00 $150,000.00 16 Water Control Vault Instrumentation 1 EA $20,000.00 $20,000.00 17 Chlorine Sampling Conduit and Tubing 1 LS $3,000.00 $3,000.00 Installation of City Furnished used Water Valve, 18 10-Inch Diameter, Cla-Val With Pressure 1 LS $3,000.00 $3,000.00 Sustaining and Pressure Relief CONTRACT TOTAL: $476,042.50 Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Project# 11277.b (::� VE N DIAN:--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: August 13, 2024 Presenter: Consent Estimated Time: 5-10 Min. Topic: Approval of Construction Contract and succeeding PO to Challenger Companies, Inc. for Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) Recommended Council Action: Approval of Construction Contract and succeeding PO to Challenger Companies, Inc. for Well #17 and Well #25 - Construction of Water Blending Line (Phase 2) for the Not-To-Exceed amount of $476,042.50. Background: • This Construction Contract is for contracted construction services and is the result of Formal Bid# PW-2428-11277.b as one (1) bid was received. 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. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: August 13, 2024 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe,the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO i o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic j C� E IDIAN Planning and Zoning Department Presentation and Outline Changes to Agenda: None Item #1: Luna Hospice (H-2024-0012) Application(s):  Annexation & Zoning & Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.03 acres of land, zoned R1 in Ada County, located at 525 E. Overland Road. History: None Comprehensive Plan FLUM Designation: Medium-Density Residential (MDR) - At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request an office use if the property only has frontage on an arterial street or section line road and is two acres or less in size. Summary of Request: The Applicant proposes to annex 1.03 acres of land with an R-8 zoning district and conditional use permit to operate a 14- bed hospice facility (residential care facility. A revised site plan was submitted after the Commission hearing that shows how the property is going to redevelop which includes the existing 2,472-square-foot single-family dwelling, a 2,229 square foot addition, 7 parking spaces, and landscaping. The proposed development is required to comply with the dimensional standards listed in R-8 zoning district. The existing garage on the west may encroach into the required setback. Commission recommended the existing garage remaining on the property. Access: Access is provided via E. Overland Road, an arterial street, via a fully improved “U” shaped driveway. This driveway will be removed and the eastern most driveway will be utilized to provide cross access to the both adjacent properties. Landscaping: A 25-foot wide street buffer is required along E. Overland Road. The landscape plan depicts a buffer with the required number of trees and plantings in accord with UDC standards. Additional landscaping will be required with the removal of the existing U-shaped driveway. If the full compliance with the 25-foot wide landscape buffer is not attainable, the applicant should submit an alternative compliance application concurrent with the future CZC application to allow a reduction to a portion of buffer width along Overland Road. Water-wise landscaping is another way to lessen the width of the buffer and still meet UDC standards. Landscape Buffers to Adjoining Uses: Although the Applicant is not required to provide 20-foot landscape buffers adjacent to residential uses per the UDC code, Staff recommended that the Applicant include 20-foot landscape buffers for the proposed hospice facility. The existing detached garage and driveway encroach into the landscape buffer on the west side of the site, which staff is amenable with these encroachments. Building Elevations: Building elevations were submitted for the proposed new building addition. Final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual (ASM) for residential. th Commission Recommendation: Approval at the June 20 Commission hearing Summary of Commission Public Hearing: i. In favor: Claire Smarda, CivilSphere Engineering; Alyssa Blakely, Luna Hospice Administrator ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s):None Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0012, as presented in the staff report for the hearing date of August 13, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2024-0012, as presented during the hearing on August 13, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0012 to the hearing date of August 13, 2024 for the following reason(s): (You should state specific reason(s) for continuance.) Item #2: UDC Text Amendment 2024 (ZOA-2024-0001) Application(s): UDC Text Amendment Size of property, existing zoning, and location: Citywide Summary of Request: The proposed text changes include several modifications and new definitions, uses, figures, and specific use standards throughout Chapters 1-5 of the Unified Development Code (UDC). The most notable text changes are as follows: 1. UDC 11-1A-1: Definitions – Proposing to add new definitions for a food truck court and food truck. 2. UDC Tables 11-2A-4 and 11-2A-5: Dimensional Standards for the R-2 and R-4 Districts – Proposing to remove the minimum living area requirements from both residential districts. 3. UDC Tables 11-2B-2; 11-2C-2; 11-2D-2 - Proposing to add food truck court and food truck as permitted and accessory uses in the commercial, industrial, and traditional neighborhood districts. 4. UDC 11-4-3-11: Drive-through Establishments specific use standards: Proposing to modify the standards to improve the code for the purpose of eliminating the need for a CUP. 5. UDC 11-4-3-51 and 11-4-3-52: Food Truck Court and Food Truck – Proposing to add two (2) new specific use standards to align with the changes added to Chapters 1 and 2. To ensure transparency in the process, all of the proposed text changes went through an extensive and collaborative review process over several months by the UDC Focus Group. In summary, City Staff believes the proposed changes will make the implementation and use of the UDC more understandable and enforceable. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. Noise mitigation measures throughout the City. ii. Differences between operating a food truck under a temporary use permit versus as an accessory use. iii. Alternative compliance to require less parking for food courts if there is shared parking or located in the O-T zone. Commission Change(s) to Staff Recommendation: i. Inspirational graphics were added to UDC 11-3H-4D to demonstrate alternative methods of compliance to address air quality and noise mitigation. Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number ZOA-2024-0001, as presented in the staff report for the hearing date of August 13, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number ZOA-2024-0001, as presented during the hearing on August 13, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number ZOA-2024-0001 to the hearing date of August 13, 2024, for the following reason(s): (You should state specific reason(s) for continuance.) h2 Planning & Zoning August 13,2024Commission Meeting ZoningAerialFLUM W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Luna Hospice (H-2024-0012) by CivilSphere Engineering, Located at 525 E. Overland Rd. Application Materials: https://bit.ly/H-2024-0012 A. Request: Annexation of 1.03 acres of land with a proposed R-8 zoning district. B. Request: Conditional Use Permit to operate a nursing or residential care facility consisting of a 14-bed hospice facility. E IDIAN -- STAFF REPORT a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING August 13, 2024 Legend DATE: Project Location - e TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner ? 208-884-5533 SUBJECT: Luna Hospice—AZ CUP e r s H-2024-0012 1 -„ LOCATION: 525 E. Overland Rd.,in the NE '/4 of the NW 1/4 of Section 19,T.3N.,R.IE. I. PROJECT DESCRIPTION Annexation(AZ)of 1.03 acres of land with an R-8 zoning district; and Conditional Use Permit(CUP) to operate a 14-bed hospice care facility. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 0.775-acre Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Residential 0 Proposed Land Use(s) Nursing care facility Current Zoning RI in Ada County , Proposed Zoning Medium-Density Residential(R-8) Phasing Plan 1 _ Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 3/14/2024 _ History(previous approvals) None Page I e e e r J JIB 84 _ Q H! 84 O Wth OVER:-"ND OVE^',AND H ��1♦♦I����♦♦11♦1• .•D■■■■. ■■ME ■■■ 1 o■��•nmi 0 •• 11����111♦♦I�•�••!in■:�iiiri� � s ♦ 4�..:7 ♦Pam■ n■n■� :►���■■ ■.� o • I♦.♦1♦fin■■■■ �,�. ♦j♦♦♦ prd�•n�ICI.ffQ♦♦I�♦Ij♦♦i�j�,�I♦♦i•O��nn �G��pi♦ �iuro�r'���Ii�t♦i�I�I fi♦i♦i♦1���� son ME ■� • D - cram'-�11 1���11���111�♦♦f♦1�.\♦I�m `' _ �!! en■■ �� � ♦ .�1♦Iron ■■ Il�iil?rid+�����I���:\�11�♦ e e e ' • i l e e e ►y 84 C — CC • W JJ! ■��- . p■nn nnn■■ i �r i ii i;;'S■I .' i iiii�MIN:iii '■ an�.■n■■� „ram rr fl �`♦1 . mo C � �$♦�i��I♦I♦Q►���I�■.1�\i iv ��IC:::-. �iiCi���I�I♦♦�����I�■.1�\i iir - O�.n■��♦ I11�� �I� ♦�♦♦�mn■� ♦�....7- i��1�i■1■��1 I I� �����♦awn■� _in■ �.♦ �1 Ml • �1j 1�♦♦♦�■nii �.L.�►��� t•■\I�n■��1♦ D•1• �����1 Q�♦ ■. ME ul ■■ �IIp 1� �1♦♦♦i■■■■■■ i ■■ �� ■■��IIp 1��.I ���♦�.�ii■iii■ / I If f♦j I�♦ice♦jfi�♦f♦�i�i�i♦ inn �%�♦i��■•■ �=:����� �I1IffQ�I♦i�♦i�♦f�����Dfinn ��� ��Ii�t♦♦���♦fi♦i♦iO�����♦♦.■■■ �����Iif I•: �!�o�r=���f f�1�II�II♦010�1�II��♦�♦♦m n 11 1�♦11���1♦♦�•♦�1�i�♦i�iiiii ■i: �♦♦♦i♦�� uume_ If fjt♦♦ � ♦ N N�♦♦♦♦in■ ������1�1�■��r��■■�\♦Inn �!!1\���♦♦a� unm� ����♦����'!!�.!!�'e!\♦Inn as C. Representative: Same as Applicant. IV. NOTICING Planning&Zoning City Council Notice Dates Notice Dates Newspaper Notification 6/4/2024 7/28/2024 Radius notification mailed to 5/30/2024 7/25/2024 properties within 500 feet Site Posting Date 6/6/2024 7/25/2024 Next Door posting 5/30/2024 7/24/2024 V. COMPREHENSIVE PLAN ANALYSIS Land Use: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map(FLUM) contained in the (Comprehensive Plan). This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The requested use is not for a single-family residential purpose, nursing or residential care facilities are listed as a conditional use in the R-8 zoning district. At the discretion of City Council,areas with a Residential Comprehensive Plan designation may request an office use if the property only has frontage on an arterial street or section line road and is two acres or less in size. In this instance,no ancillary commercial uses shall be permitted. This proposed use is semi-residential and is less impactful to the transportation network due to its operational characteristics. Staff considers this use similar in terms of intensity and impact on adjacent properties. City Council has the discretion to approve the use of the property as a nursing or residential care facility in accordance with the Comprehensive Plan. Transportation: East Overland Road,which runs along the front/north side of this property, is depicted as a principal arterial street on the Master Street Map (MSM). There are no stub streets from adjacent developments to this property. 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): • "Support housing affordability, special-needs housing, ownership opportunities,and housing rehabilitation through programs administered by the State of Idaho,Ada County,nonprofits, and federal agencies (2.01.02E) By proposing a 14-bed nursing care facility for end-of-life care, the development diversifies special-needs housing options in the area, thereby contributing to the variety of housing Page 3 needs within the City. The facility addresses a specific and essential housing need, enhancing the overall housing diversity and supporting the goal of a balanced community. • Support infill development that does not negatively impact the abutting, existing development. Infill projects in projects in Downton should develop at higher densities, irrespective of existing development."(2.02.02C) This parcel is an enclave surrounded by land already annexed into the City. This parcel, along with parcels to the east and west, is one of the only remaining parcels still in the County. The proposed development will not likely impact the existing abutting developments to the east, west, and south. • "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 provided to this property in accord with UDC 11-3A-21. • "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 is available to this property. Curb, gutter and sidewalk have been constructed along E. Overland Road in accord with UDC standards. • "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."(3.03.03A) If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Annexation and redevelopment of the subject infill parcel will maximize public services. • "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 nursing care facility will contribute to the variety of residential categories within the surrounding area as desired. The Applicant is providing 20 foot landscape buffers adjacent to residential properties to the east, west, and south. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed site design provides maximum use of the land with the proposed nursing care facility and should be compatible with the existing developments on adjacent properties, which are also designated for MDR uses. • "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) Staff recommends that the Applicant provide cross/access to one of the neighboring properties to the east and/or west(Parcel#51119212410 or#51119212501)for access Page 4 when/if those properties redevelop with non-residential uses in the future to reduce access points to the arterial street. VI. STAFF ANALYSIS A. Annexation & Zoning(AZ): The Applicant proposes to annex 1.03 acres of land with an R-8 zoning district to operate a 14- bed hospice facility(residential care facility), if the Commission and Council deem the use appropriate as discussed above. The site is within the Area of City Impact(AOCI)boundary and is contiguous to City annexed land to the north and south. A legal description was submitted for the boundary of the annexation area,included in Section VIII.A below. However,the annexation exhibit map does not represent the correct acreage of the annexation boundary,and one of these exhibits identify the annexation area. Staff recommends that the Applicant provide a revised exhibit map fifteen (15) days prior to the City Council hearing that accurately represents the acreage of the annexation boundary,not just the property acreage. The applicant has provided a concept plan that shows how the property is going to redevelop which includes the existing 2,472-square-foot single-family dwelling, a 2,229 square foot addition,parking and landscaping. The existing structure is required to connect to City water and sewer service within 60 days of annexation and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. A nursing or residential care facility is listed as a conditional use in the proposed R-8 zoning district per UDC Table 11-2A-2, subject to the specific use standards listed in UDC 11-4-3-29. The specific use standards require a conditional use permit(CUP)when the use results in more than ten(10)persons occupying a dwelling at any one time,the Applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with Title 10 of this Code. A CUP is requested concurrent with the annexation request(see analysis below). The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure this property develops as proposed and required, Staff recommends a DA with the provisions discussed herein and included in Section IX.A. B. Conditional Use Permit(CUP): A CUP is requested for nursing or residential care facility, as required by UDC 11-4-3-29. The proposed hospice facility will provide 14-beds to accommodate end-of-life care for residents. The Applicant plans to renovate the existing residential house and construct an addition,resulting in a of 4,700 square feet to accommodate 14 hospice care beds. Dimensional Standards: The proposed development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed R-8 zoning district.. The existing garage on the west should be set back S feet from the west property line and 12 feet from south property line. To ensure compliance with the R-8 dimensional standards,Staff recommends that the Applicant show the required setbacks on the site plan submitted with the future CZC application. Specific Use Standards: The proposed use is required to comply with the specific use standards listed in UDC 11-4-3-29,Nursing or residential care facilities: Staffs analysis is in italics. Page 5 A. General standards. 1. If the use results in more than ten(10)persons occupying a dwelling at any one time,the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with Title 10 of this Code. The Applicant is applying for a change of occupancy to accommodate 14 hospice care beds. 2. The owner and/or operator of the facility shall secure and maintain a license from the State of Idaho Department of Health and Welfare, facility standards division. B. Additional standards for uses providing care to children and juveniles under the age of 1. All outdoor play areas shall be completely enclosed by a minimum six-foot nonscalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code. There are no outdoor play areas proposed for the nursing care facility. 2. Outdoor play equipment over six(6) feet high shall not be located in a front yard or within any required yard. There are no outdoor play areas proposed for the nursing care facility. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. There are no outdoor play areas proposed for the nursing care facility. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation. A barrier with a minimum height of six (6) feet, along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code. There is an existing wood fence that runs along the south boundary of the property, a vinyl fence along the west side, and a chain link fence along the east side of the property. Staff recommends that the Applicant install 6 foot fencing around the area where patients will access outdoors in accordance with UDC 11-3A-7and include the fencing on the plans submitted with the future CZC application. Access: Access is provided via E. Overland Road,an arterial street,via a fully improved"U" shaped driveway. Another existing 22-foot wide curb cut for a shared access drive onto Overland Road located at the site's east property that aligns with the Western States Cat Equipment driveway on the north side of Overland Road(refer to below figure). ACHD provided the following Site- Specific Conditions of Approval below: Page 6 A-2021-0223 N 9 EIR arre - I Ir lls r Ls 3 I� Ifi7 q! M 10N �. y ■1' i 0 MEAI�IAH 1 'T p GI!££Hl�HE ` c; 103 1 uxnno�iAMo .s•I — w FB, �q MERIOM Q EEME... }i vti A. Site Specific Conditions of Approval 1. Repair or replace any damaged or deficient transportation facilities on Overland Road abutting the site, as determined by ACHD staff, and consistent with the current version of PROWAG. 2. Use one of the existing driveways located as follows: • A 46-foot wide shared access driveway located at the site's east property line (22-feet located onsite and 24-feet located on the adjacent parcel to the east). Or • A 12-foot wide driveway located 270-feet east of 3r" Way (measured centerline-to- centerline), 3. Reconstruct the driveway chosen to be used(location listed above Site Specific#2)as a curb return type driveway with a maximum width of 30-feet and provide an on-site turnaround to prevent backing onto Overland Road. If the applicant chooses to use the driveway located at the site's east property line, then the applicant shall not modify the portion of the driveway that exists offsite on the parcel to the east, This driveway is approved as a temporary full access and may be restricted with a median at any time as determined by ACHD. 4. Close the existing 40-foot wide driveway located 375-feet east of 3rd Way with vertical curb, gutter and 7-foot wide attached concrete sidewalk to tie into the existing improvements on either side. 5. Close either the 22-foot wide portion of the shared access driveway located at the site's east property line (the applicant shall not modify the portion of the driveway that exists offsite on the parcel to the east)or close the 12-foot wide driveway located 270-feet east of 3`1 Way with vertical curb, gutter and 7-foot wide attached Concrete sidewalk to fie into the existing improvements on either side. 6. It is recommended that City of Merldian require the applicant to grant cross access to the parcels) to the east(SI 119212501)and/or the west(51 119212410). 7. Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road- This property and the adjacent properties to the east and west only have access to an arterial street(i.e. Overland Road). Therefore, Staff recommends that the Applicant Page 7 provide cross access to the property to the west and east(Parcels#S1119212410 and S1119212501)for interconnectivity when/if they redevelop with a non-residential use in the future to further reduce access points to the arterial street in accord with UDC 11-3A-3A.2. A copy of the recorded easement shall be submitted to the Planning Division prior to Building Permit submittal. Staff recommends that the Applicant close off the existing U- shape accesses off Overland Road and coordinate with Staff to revise the site plan to construct the shared access on the east boundary(22-feet in width)to be shared in the future by the adjacent property. Furthermore,the Applicant should also stub a 20-foot drive aisle to the property to the west for future interconnectivity.NOTE: the access to the west may be unlikely because the adjacent property owner has just completed a recent remodel and intends to remain living in the residence for quite some time. Pedestrian Walkways: A 7-foot wide attached sidewalk exists along E. Overland Road. Detached sidewalks are required along arterial streets per UDC 11-3A-17;however,because the existing sidewalk is in good condition, Staff doesn't recommend it's reconstructed as a detached sidewalk. Both ACHD and Staff recommend replacing the existing accesses on Overland Road with 7-foot wide attached concrete sidewalks to tie into the existing improvements on either side. A sidewalk is proposed on the north side of the new building adjacent to parking that appears to be 7 feet in width. If wheel stops are not provided in parking spaces abutting a 5-foot wide area to prevent vehicle overhang,the sidewalk should be widened to 7-feet in accord with UDC 11-3C-5B.4. If the sidewalk is 7-feet,the length of the parking spaces may be reduced to 17-feet if desired. Additionally,the Applicant is proposing a sidewalk around the existing building leading to the entrance. The Applicant should depict measurements of the sidewalk on the plans submitted with the future Certificate of Zoning Compliance(CZC) and Design Review(DES)application. The sidewalk should be a minimum of 5 feet in width in accord with UDC 11-3A-17A. Pedestrian walkways: Furthermore,the proposed plan does not include a pedestrian walkway that will run from the main building to the sidewalk along E. Overland Road per UDC 11-3A19.B.3. Where pedestrian walkways cross vehicular driving surfaces,they're required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The site/landscapeplan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard—the proposed striping of the crosswalk is not an approved material and should be revised to comply with this standard. Landscaping: A 25-foot wide street buffer is required along E. Overland Road., an arterial street, landscaped per the standards listed in UDC 11-3B-7C. The landscape plan depicts a buffer with the required number of trees and plantings in accord with UDC standards. Staff recommends that the Applicant install additional landscaping within the 25-foot buffer in place of both of the existing U-shaped driveways to be removed. Therefore, Staff recommends that the Applicant applies for Alternative Compliance concurrent with the future CZC application for the required 25-foot landscape buffer along Overland Road. The request shall demonstrate evidence of the unique hardship caused by the required street buffer and propose a specific alternative landscape plan that meets or exceeds the intent of the required buffer. In no case shall the width be reduced to less than ten(10)percent of the depth of the lot per UDC 11-3B-7.C.Ic. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. Page 8 E 01iERL4ND ROAD 1 a {, 0 NOW Now 4• °°° yea• • e • .-.... ecsnns eu_o.w v, •oa•ao•oo• -- �� MFRIGWN,iDA�B36G] Landscape Buffers to Adjoining Uses: Although the Applicant is not required to provide 20- foot landscape buffers adjacent to residential uses per the UDC code, Staff recommended that the Applicant include 20-foot landscape buffers for the proposed hospice facility. The existing detached garage and driveway encroach into the landscape buffer on the west side of the site. Staff is amenable to this encroachment, as it provides additional screening.However, the garage should be setback 5-feet from the property line to meet the dimensional standards in the R-8 zoning district. Additionally,the buffer is not required along a portion of the east boundary to facilitate cross-access with the adjacent property. Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. The parking lot landscaping appears to comply with this standard. Mitigation is required for existing healthy trees 4"caliper and greater that are removed from the site as set forth in UDC 11-3B-1OC.5. There are 20 existing healthy/non-healthy on the site totaling 394 caliper inches, 8 of which,totaling 138 caliper inches,are proposed to be removed— these require mitigation. The other eight(12),totaling 310 caliper inches,are proposed to be preserved and protected on the site—these trees are proposed to be counted toward the mitigation requirement. Existing trees retained on the site may count toward required landscaping equally towards the mitigation of calipers lost from other removed trees; Mitigation trees are in addition to all other landscaping required by this article. The submitted landscape plan appears to comply with this standard. Parking(UDC 11-3C): A minimum of one (1) off-street parking space is required per 0.5 beds provided. Based on the proposed 14 beds, a minimum of 7 parking spaces are required.A total of 7 parking spaces are proposed,meeting the minimum UDC standards. A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the plans Page 9 submitted with this application. A detail of the bicycle rack should be included on the plans submitted with the future CZC application. Fencing(UDC 11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A- 7. Fencing exists around the perimeter of the site;there is an existing wood fence that runs along the south boundary of the property, a vinyl fence along the west side, and a chain link fence along the east side of the property. Staff recommends that the Applicant install 6-foot fencing around the area where patients will access the outdoors and include the fencing on the plans submitted with the future CZC application. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Waterways(UDC 11-3A-6): There are no existing waterways that cross this site. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to the development as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Building Elevations: Building elevations were submitted for the proposed new building addition as shown in Section VIII.D. Final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual(ASM)for residential. Certificate of Zoning Compliance/Design Review:A Certificate of Zoning Compliance(CZC) and Design Review application is required to be submitted to the Planning Division and approved prior to submittal of building permit application(s). The application materials should be updated as necessary to comply with the conditions contained in Section IX. VII, DECISION A. Staff: Staff recommends approval of the proposed annexation&zoning and conditional use permit applications with the provisions included in Section IX per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 20,2024.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Conditional Use Permit requests. 1. Summary of Commission public hearing_ a. In favor: Claire Smarda, CivilSphere Engineering; Alyssa Blakely,Luna Hospice Administrator b. In opposition:None C. Commenting. None d. Written testimony: None e. Staff presenting application: Bill Parsons, Planning Supervisor f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Concerns with access for emergency services 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: Page 10 a. Add a Development Agreement Condition to approve the nonconforming structure (garage)remaining on the site. Page 11 VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map May 14, 2024 Ovedandhh,LLC; Legal Descriplion A Parcel of land being a portion of the RE 114 of lhe NAY 1f4-of Section 19. T.3N., R1 E. Boise Meridian, City of Meridian,Ada County, Idaho, rnoro particularly described as follows: Urnmentmg at line northwest comer of said Section 16 thence on the north line of said Section 19 N89°43'32"E a distance of 1,490,35 feet talhe True Point of Beginning; thence 80001 3'32 W a distance of 160.00 feet; Hience N89143'32"E a distance of 250.DO feet;thence NOV 13'32"E a distance of 180.00 feel to a point on the said north tine of Section 19;thence on last said north line 589°43'32'W a distance of 250.00 feet to the Point of Beginning. The abovedeKriibed parcel contains 4d,998 Square Feet, mre or less- RE( Page 12 P 6LMCO M"EYW. 14a4- IEGEMO NSTRWIP•T 144 —Lv tea;V�db —___—Y1C—kw ,� rpy.pp•we•. 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"`"'" ••`" ••••rt••�••• grC0QDNc MMX Ma.ilrn•rra-0a 40ov N'APACK mm+ °aion Page 13 B. Proposed Revised Site Plan(dated: 3/27/24) LEGEND 2%4 U 01 Zvi 1 0 V w —-—-----—----- ------------ u as ll --------------------- ------------------ I00� 7777777777777 Z - ---------------- -------------------------------------------------------------------- 1.6 LEGEND (u (U CL --------- CI - ------------------------- ---------------------- F-71 z u O m —-— ------------------------------------------ < --------------------------------------------- L------------ -----------------------------------------------------1-—------------------------------------------------- --- ------------ 0 PRELIMIM SRYLAN Page 14 C. Revised Landscape Plan(dated: 3,121,124 7/24/2024) 0 0 0 ... ..r .. Q _. _. ..,....,...r..., O Lj �O T' rzs MITIGATION Z .. TREE -..- - rvn HOSPICE T�r'�•�- '•. -awl A1P SUBMIfTPt �LI.O 1 I S 3�323�G3 aG�89 9G-6G.�.R ... LAVDSGAPH PLAN -.... w.cx�as rev.ia�-tsrrty � _ ' � wNA nO6FCE r� AB4 -e wr oiwe°xww Wo:LUP SUOMfRR �LI.1 Page 15 No,.a, - 3 I-d0o-A2-.RS _ - - ••.•••..•.~.•�••. r11AEE PIAMING DOII&ESTNE •�,-`_•.••••,.`. _ _ ...-........,.......�.: � _.may....... _�._ ...... - � _ ._••. tiA Iy65PICe 2 afr 5 IIXINOCOY6�uloq[uNFTTILCHl95 aartllc - - �M9A71ON pCFmu� • E OVH L4ID.@24J -,— © nn�mcr c� � m �,�V © •n�m.�•eu n 7 e �1- ______________ AlL4NPSGoP�L2pSNP ., 0 ,w -- � � TREE MITIGATION .N '� ��� TREE PROTECTION NOTES: �u m e Page 16 z OVERLANe ROA0 E _ ~ � Mroc? ■ o.�\ £ , � ��� / � �■ C C. c � re C. Ic - ■® ® ® ^ � /S Page 17 D. Conceptual Building Elevations m �.0 A-6 Page 18 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Annexation & Zoning Revise the Exhibit map in Section VIII.,Exhibit A to accurately represent the acreage of the annexation boundary 15 days prior to City Council Hearing. 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. The DA shall, at minimum,incorporate the following provisions: a. The existing structure shall connect to City water and sewer service within 60 days of annexation and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. b. Future development of this site shall be generally consistent with the site plan,landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. c. Future uses on the site are limited to a nursing or residential care facility,other uses are not allowed. d. Remove both of the existing U-Shape accesses to Overland Road for this site as required by ACHD and City Staff per UDC 11-3A-3. Provide cross/access to both the properties to the east and west when/if they redevelop with a non-residential use in the fixture to reduce access points and submit a copy of the recorded easement to the Planning Division with the future Certificate of Zoning Compliance. 2. Conditional Use Permit 2.1 Compliance with the standards listed in UDC 11-4-3-29—Nursing or Residential care facilities,is required. 2.2 Compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district is required. 2.3 The site/landscape plan shall be revised as follows: a. Remove both of the existing U-Shape accesses to Overland Road for this site as required by ACHD and City Staff per UDC 11-3A-3. Provide cross/access to both the properties to the east and west when/if they redevelop with a non-residential use in the fixture to reduce access points and submit a copy of the recorded easement to the Planning Division with the future Certificate of Zoning Compliance. b. All sidewalks to and around the building shall be a minimum of 5-feet in width per 1I- 3A-17A. c. Either depict wheel stops in the parking spaces on the northeast side of the building abutting the 5-foot wide section of sidewalk to prevent vehicle overhang or widen the sidewalk to 7 feet to accommodate vehicle overhang as set forth in UDC I1-3C-5B.4.If Page 19 7-foot wide sidewalks are provided to accommodate overhang, the length of the parking spaces may be reduced to 17 feet if desired. d. Include evergreen trees within the perimeter buffers to residential uses as set forth in UDC 11-3B-9C.1 a. e. The Applicant shall install additional landscaping within the 25-foot buffer in place of both of the existing driveways to be removed. £ Apply for Alternative Compliance with the concurrent CZC application to reduce the 25- foot landscape buffer along Overland Road,due to the facilities encroaching within the buffer to the west,and to provide access to the existing garage,in accordance with UDC 11- 313-5. g. Replace the existing U-shape accesses on Overland Road with 7-foot wide attached concrete sidewalks to tie into the existing improvements on either side. h. Construct a 5-foot wide pedestrian walkway from the perimeter sidewalk to the main building entrance;where pedestrian walkways cross vehicular driving surfaces,they're required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-1913.4. i. Depict the interior side and rear setbacks on plans submitted with the future CZC application to ensure compliance with the dimension standards for the R-8 zoning district. j. Install a 20-foot wide landscape buffer along the south boundary in accordance with the standards set forth in UDC 11-3B-9C; except in the location where the existing garage will remain. k. A detail of the bicycle rack should be included on the plans submitted with the future CZC application. 1. Install fencing around the area where patients will access outdoors in accordance with UDC 11-3A-7 and UDC 11-4-3-29. m. Existing trees retained on the site shall be preserved and protected as outlined in UDC 11-3B-10. 2.4 A Certificate of Zoning Compliance application shall be submitted for the proposed use and site improvements that comply with all UDC conditions and the provisions contained herein. 2.6 A Design Review application shall be submitted for the proposed addition to the existing structure that demonstrates compliance with the design standards listed in the Architectural Standards Manual.New construction must share at least three similar accent materials,field materials, or other architectural feature of a building within 150-feet of the property(ASM Goal 1.2B). 2.7 The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. Page 20 B. PUBLIC WORKS DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=348143&dbid=O&repo=MeridianC hty C. KUNA SCHOOL DISTRICT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=348150&dbid=0&repo=MeridianC Ry D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) No comments received. E. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=348840&dbid=0&repo=MeridianC ky F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=350386&dbid=O&repo=MeridianC iv X. FINDINGS A. Annexation(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; Commission finds the Applicant's request to annex the subject property with an R-8 zoning district for a nursing or residential care facility is consistent with the Comprehensive Plan as noted in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the map amendment and associated development is consistent with the regulations outlined for the district and the purpose statement of the residential districts in that it provides for the service needs of the community. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed use should be compatible with adjacent existing residential uses in the vicinity. Page 21 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds City water and sewer service is available to be extended to this development. The provision of a nursing or residential care facility in this area will assist in providing for the needs of the community in this area of the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the city. B. Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request 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. Commission finds the site is large enough to accommodate the proposed use and meets all dimensional and development regulations of the R-8 zoning district including the buffers to residential uses along the west, east, and south boundaries of the site. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Commission finds the proposed use will be harmonious with the Comprehensive Plan and in accord with UDC standards. 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. Staff finds the design, construction, operation and maintenance of the proposed use should be compatible with adjacent residential uses and with the existing and intended character of the vicinity and will not adversely change the essential character of the area if the Applicant complies with the conditions in Section IX. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Commission finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IX of this report. 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. Commission finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Commission finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Page 22 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Commission finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. Page 23 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for UDC Text Amendment 2024 (ZOA-2024-0001) by City of Meridian Planning Division Application Materials: https://bit.ly/ZOA-2024-0001 A. Request: Text Amendment to amend certain regulations and add new definitions, uses, figures and specific use standards throughout Chapters 1-5 of the City's Unified Development Code (UDC). PUBLIC HEARING SIGN IN SHEET DATE: August 13, 2024 ITEM # ON AGENDA: 25 i PROJECT NAME: UDC Text Amendment 2024 (ZOA-2024-0001) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name VZ- 2 Kc-I I i GIl)I�I eS I i cx� iN i �I ah (� S1' )D 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/13/2024 DATE: ' 16 44 55 0 TO: Mayor&City Council 26 FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 SUBJECT: ZOA-2024-0001 — 2024 UDC Text Amendment Legend �. LOCATION: City wide AOCI County — 69 Line Future Road I. PROJECT DESCRIPTION The Meridian Planning Division has applied for a Unified Development Code (UDC)text amendment to update certain code sections AND add new definitions,uses, figures, and specific use standards throughout Chapters 1-5, Title 11 of Meridian City Code. II. APPLICANT INFORMATION A. Applicant: City of Meridian Planning Division 33 E. Broadway Ave, Suite#102 Meridian,ID 83642 111. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 6/4/2024 7/28/2024 newspaper Public Service Announcement 5/30/2024 7/24/2024 Nextdoor posting 5/30/2024 7/24/2024 Page 1 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) A. Comprehensive Plan Text(https:llwww.meridianciU.or /g compplan): 3.01.0113 -Update the Comprehensive Plan and Unified Development Code as needed to accommodate the community's needs and growth trends. Many of the requested code changes associated with this text amendment are meant to serve community needs, support current growth trends and maintain the integrity of the plan. 3.04.01B—Maintain and update the Unified Development Code and Future Land Use Map to implement the provisions of the Comprehensive Plan. City staff keeps a running database of code revisions throughout the year. The Department is tasked with keeping the code current and relevant. Staff believes the proposed changes encompass the vision of the plan and is largely supported by those who participated in the process. V. UNIFIED DEVELOPMENT CODE ANALYSIS (LED The proposed text changes include several modifications and new definitions,uses, figures, and specific use standards throughout Chapters 1-5 of the Unified Development Code (UDC). The most notable text changes are as follows: 1. UDC 11-1A-1: Definitions—Proposing to add new definitions for a food truck court and food truck. 2. UDC Tables 11-2A-4 and 11-2A-5:Dimensional Standards for the R-2 and R-4 Districts—Proposing to remove the minimum living area requirements from both residential districts. 3. UDC Tables 11-213-2; 11-2C-2; 11-213-2 -Proposing to add food truck court and food truck as permitted and accessory uses in the commercial,industrial,and traditional neighborhood districts. 4. UDC 11-4-3-11: Drive-through Establishments specific use standards: Proposing to modify the standards to improve the code for the purpose of eliminating the need for a CUP. 5. UDC 11-4-3-51 and 11-4-3-52: Food Truck Court and Food Truck—Proposing to add two(2)new specific use standards to align with the changes added to Chapters 1 and 2. All of the proposed text changes to the UDC and support documents are included as part of the public record. To minimize the size of the report and improve the review quality of the document for the public, Commission, and Council,the table of changes was intentionally left out of the report. Commentary associated with proposed changes are also part of the table that explains the reason for the modification or the addition to code. After the transmittal of the application, City staff developed figures to correlate with the text changes proposed to the development standards along federal and state highways in Chapter 4. A placeholder was created in the table and these figures will be shared with the Commission with a recommendation from Staff to include them as part of the changes. To ensure transparency in the process, all of the proposed text changes went through an extensive and collaborative review process over several months by the UDC Focus Group. In summary, City Staff believes the proposed changes will make the implementation and use of the UDC more understandable and enforceable. VI. DECISION A. Staff: Staff recommends approval of the proposed text amendment to the UDC based on the analysis provided in Section IV and V, modifications presented in Exhibit A and the Findings of Fact and Conclusions Page 2 of Law in Section VIII. B. Commission: The Meridian Planning&Zoning Commission heard this item on June 20,2024. At the public hearing,the Commission voted to recommend approval of the subject ZOA request. 1. Summary of Commission public hearing_ a. In favor: Planning Division b. In opposition:None c. Commenting: d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. None 3. Key issue(s)of discussion by Commission. a. Noise mitigation measures throughout the City. b. Differences between operating a food truck under a temporarypermit versus as an accessory use. c. Alternative compliance to require less parking for food courts if there is shared parking or located in the O-T zone. 4. Commission change, (s)to Staff recommendation: a. Inspirational graphics were added to UDC 11-3H-4D to demonstrate alternative methods of compliance to address air quality and noise mitigation. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. City Council: Enter Summary of City Council Decision. Page 3 VII. EXHIBIT A. Proposed Table of Text Changes—Click here to view the proposed changes VIII. FINDINGS 1. UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: (UDC 11-5B-3E) 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 a text amendment to the Unified Development Code,the Council shall make the following findings: A.The text amendment complies with the applicable provisions of the comprehensive plan; Commission finds that the proposed UDC text amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section IV, of the Staff Report for more information. B. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and Commission finds that the proposed zoning ordinance amendment will not be detrimental to the public health, safety or welfare if the changes to the text of the UDC are approved. It is the intent of the text amendment to further the health, safety and welfare of the public. C. The text 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. Commission finds that the proposed zoning ordinance amendment does not propose any significant changes to how public utilities and services are provided to developments. All City departments,public agencies and service providers that currently review applications will continue to do so. Please refer to any written or oral testimony provided by any public service provider(s)when making this finding. Page 4 Pathway Open Vision Fencing Top of Highway Barrier is 10-feet higher than crown of highway Highway Barrier Edge of Travel Lane d 0000� Crown of Highway rm 35-foot Highway Right-of-Way Landscape Buffer Top of Highway Barrier 10' above Highway Crown. Wall height and footing adjusted to meet standard (e.g. - if the crown is 4-feet higher than the adjacent grade, then the wall height would be 14-feet. Edge of Travel Lane Crown of Highway 35-foot Landscape Buffer Highway Right-of-Way Top of Highway Barrier is 10-feet higher than crown of highway Understory planting and grade stabilization Residential Fencing Edge of Travel Lane Crown of Roadway 35-foot Landscape Buffer Highway Right-of-Way — Enhanced landscape buffer with dense tree canopy and understory to address noise, pollution, and community design policy. Alternative compliance Highway Barrier in conjunction with enhanced landscape buffer Edge of travel lane Crown of Highway '0000� Additional width landscape buffer (example is 45-feet) Highway Right-of-Way Additional tree and understory to enhance community design policy by screening elevated highway, with improved emission mitigation. Retaining wall as necessary to address grade Sidewalk in Parkway Alternative compliance 10-foot Highway Barrier supported by other design features and separation from highway Crown of Highway (not above Highway Crown) Edge of Travel Lane Alternative compliance with additional residential frontage road setback, parkway on one side, and dense tree planting to absorb emissions Highway Right-of-Way Proposed UDC Text Amendments UDC Section Topic Reason for Change Proposed Change 11-1-8 Preservation of Request of Legal to modify this 11-1-8. - Preservation of private property rights. private property section to remove redundant rights codes already in effect that are A. This title shall be interpreted to equally protect citizens from the undue more prevalent than what encroachment on their private property by their neighbors' uses of their private appears in the UDC. This should property and equally protect each citizen's right to use of their property without remove some stumbling blocks creating undue burden upon their neighbors. for Code Enforcement in their investigations. , and no employee of the C"shall enter upon, investigate, or search any of the premises of any eitizen%xith-A-1-1t the con-sent of such eJtJ!Zq_QP A-r A-rd-i-Q-V issued by a court of proper jurisdiction. r. gvery e;I-J zen of M eAdian City shall have the Fight to app n or be appeal a decision pursuant to the procedures contained in chapter 5, of this title. P. In the enforeern-ent of this title, it Sh-All be deemed to apply equally to each citizen and each property in similar- circumstances, and shall not be enforced to 11-1A-1 Definitions A new definition for a bedroom. A bedroom is a room used for sleeping that has a floor area of not less than seven 70 square feet not less than seven 7 feet in ceiling height, provides one means of egress and a closet as defined by the currently adopted international residential code. 11-1A-1 Definitions A new definition for a food truck Food truck court is an area that consists of two 2 or more food trucks on a court. permanent site with designated stalls. 11-1A-1 Definitions A new definition for a food truck. A commercial or retail establishment or enterprise that operates from a readily movable wheeled or towed vehicle or cart• and from which the operator stores prepares, sells displays, serves or offers for sale or giveaway, food and or beverages, which remains in any three hundred 300 square foot area for more than two 2 consecutive hours within any twenty-four-hour period- Table 11-2A-2 Allowed use table Align with state code when in the residential manufactured homes are districts constructed on a single-family Use R-2 R-4 R-8 R-15 R-40 residential lot. Manufactured homes outside P P P P of manufactured home parks4 Notes: 4.A manufactured home located outside of a manufactured home park shall be subject to the standards and requirements set forth in this title for single-family detached dwellings. DATE: 8/06/2024 1 Table 11-2A-4 Dimensional Remove the minimum living area standards for the requirement. — R-2 district R-2 Standard Requirement Minimum living a a (in s e feet Minimum ground floor area for 8W „1ti st.,ry unit ri squaFe feet) Table 11-2A-5 Dimensional Remove the minimum living area standards for the requirement. R-4 district R-4 Standard Requirement TRi„im„m living area (in square feet' lica � 1,4-W �rr pen Attached�ca 6tttl Minimum ground floor area for 9W multi st Fy units (in squaFe feet) Table 11-213-2 Allowed uses in Add food truck court and food the commercial truck to the use table. districts 7UsC-N C-C C-G L-0 WE H-E Food and beverage P/C P/C P/C - P/C P/C processing; minors Food truck court' FE FE FE FE FE P Food truck' FA FA FA FA A Table 11-2C-2 Allowed uses in Add food truck court and food the industrial truck to the use table. districts Use I-L I-H Food and beverage processing; P/C P/C minor' Food truck court' �LA Food truck' — DATE: 8/06/2024 2 Table 11-2D-2 Allowed uses in Add food truck court and food the traditional truck to the use table. neighborhood Use 0-T [TN-C TN-R districts P/C Food and beverage processing; P/C P/C minor' Food truck court' FE FP P Food truck' FA A A Table 11-3C-6 Required parking Modify footnote 1 to include a spaces for carport dimension. Notes: residential use 1 The size of the garage required for dwelling units shall be measured by (MF) exterior dimensions and shall be at least ten (10) feet by twenty (20) feet for a one-space garage and 20 feet by 20 feet for a two-space garage. The minimum size of a carport that covers a parking stall shall be at least nine (9) feet by seventeen (17) feet.All other required parking shall meet the required stall and drive aisle dimensions in UDC Table 11-3C-5. 11-3H-1 Purpose Modify the purpose statement to 11-3H-1. - Purpose. ensure mitigation is for noise and air quality. The regulations of this article are intended to achieve three (3) purposes: A. Limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public; B. To preserve right-of-way for future highway expansions; and C. Design new residential development along state highways to mitigate air quality and noise impacts associated with such roadways. DATE: 8/06/2024 3 11-31-1-41) Standards Address noise abatement D. Noise abatement shall be required for residential and other noise sensitive measures adjacent to State uses including, but not limited to, education institutions, churches or places of highways where there may be religious worship, libraries and/or hospitals adjoining state highways. grade changes. 1. The applicant shall provide traffic noise abatement by constructing a berm or a berm and wall combination approximately parallel to the state highway. 2. The top of the berm or berm and wall in combination shall be a minimum of ten (10) feet) higher than the elevation at the centerline of the state highway.When this isn't feasible due to significant grade changes, an alternative means is required as set forth in subsection 4 below. 3. If a wall is proposed, the wall shall meet the following standards: a.Wall materials shall be impervious concrete or stucco or other appropriate sound attenuating material. b. Intermittent breaks in the berm or berm and wall in combination will degrade the function and shall not be allowed. c. The applicant shall not construct a monotonous wall. In order to achieve this standard, the applicant may choose one (1) or both of the following variations: (1) The color and/or texture of the wall shall be varied every three hundred (300) linear feet. This could include murals or artwork. (2) The wall shall be staggered every three hundred (300) linear feet subject to subsection (D)(3)b of this section that prohibits breaks in the wall. 4. The Director may approve alternative compliance as set forth in chapter 5, "administration", of this title where the applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer. Other alternatives may also include greater separation from the highway, taller walls terraced berms denser landscaping, alternative building methods or a combination of these techniques to meet the intent of these standards. See Figure 1 of this section. DATE: 8/06/2024 4 Figure 1: Examples of Suitable Air Quality and Noise Mitigation Techniques IskM1waY Isen Nsnn rg oP dHigM1way lamer is tofeaa M1igner Man crown dnignway Hghway�mer Edge dTrard lac c,ocw,d Hghway �°°k wgnwav RnM-nFway Is�ra,e Puller ng dHk3m..aY�me.3a aloe Nignway c�nwn. wall nrgrd aka rga.g aaaggca m nkeet a�ndam [e.q.-h Me omen rs 4-kek nigMr knan Me adjareM gade, [hen Me wall haghk wgukl be la-fret. //�\ Edge diraeel lane / \ Rgwn dHighway 35-foot lardsaalx Buffer Highway ltigMv!-VYay roe d High-aamer ie 10 feel I.yher ticn wren d highway under5mry qam�and gaae smnoiaacen Residenkial Fentl�g edge diravel lane am+ndllnadway as-kmk wna=mge I�r r Ngm.,x,wglrt-nr-way L mse,nollNuory aM mmmunitydhaud laic crews d Higmar [eageii:qs-!7 Hynway l';gm f-xar additional tree and undersmry m enhance d M1,h.,, re RyM�� Pewitsimproved emission mi gation. geernrrg wall as r�messarvmaaaress.grade seewaik�n radn.ay nnr.rwki�e�nvaan�1ltaed Hignwar ea,.ier 9.�,md by otl.e g ,g(rank anwe Hsl�iwevc�j am.n nv Higlnay awe mmonanm wits aaamnml readewai tmntage dxinack,earkwa side, an e�mp qae g alForn em,e��m� g v 9 ar DATE: 8/06/2024 5 11-4-3-9 Daycare facility Remove the requirement to A. General standards for all child daycare and adult care uses, including the provide a vehicle pick-up area classifications of daycare center; daycare, family; and daycare, group. for children. Many daycare facilities require parents to park 1. In determining the type of daycare facility, the total number of children at the and sign the children in and out facility at one time, including the operator's children, is the determining factor. during pick-off and drop-off times. 2. On-site vehicle piek up, parking parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by Title 39, Chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. S. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. and 11:00 p.m. This standard maybe modified through approval of a conditional use permit. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-SA-4.13 of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred (100) feet of the exterior boundary of the subject property. DATE: 8/06/2024 6 11-4-3-11 Drive-through The City is seeing an increased A.A drive-through establishment shall be an accessory use where the drive- Establishments number of requests for drive- through facility (including stacking lanes, speaker and/or order area, pick up throughs. The goal is to have windows, and exit lanes) is: better-defined standards to eliminate the need for requiring 1. Not within three hundred 300 feet of another,-rive-thr-ough faciiit3 F, a a conditional use permit. residential district, use or dwelling,or an existing Fesidenee when included as part of the overall master site plan for a commercial or mixed-use development; or 2. Separated by any aFteFial street fr.,,v, any other drive through f ei'it• residential district nr existing residence; or 3. Not within the 0-T zoning district, otherwise a conditional use permit is required. B.All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the 0-T zoning district. C.A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties.At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. 3. The stacking lane shall not be located within ten (10) feet of any residential district or existing residence. 4.Any stacking lane greater than one hundred 100 feet in length shall provide for an escape lane. Drive-through lanes and associated escape lanes shall each be a minimum of ten (10) feet in width. S. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. 6. The minimum stacking lane requirement for any food and beverage service shall be five (5) vehicles per service lane: all other uses require two (2) vehicles per service lane. DATE: 8/06/2024 7 11-4-3-51 Food truck court City is getting more and more 11-4-3-51 - Food truck court request to allow this type of use. Currently they are allowed to A. If abutting a residential district, hours of operation shall be limited from 6:00 operate under a TUP through the — a.m. to 11:00 m. Clerks office. p B. Food trucks shall have a clean appearance at all times. C. The food truck operator shall obtain any and all applicable licenses, permits, certifications, and inspections from the Central District Health Department and the City of Meridian Fire Department prior to operating on the site. D. Each food truck must have access to all utilities necessary to operate the unit. E. The site must have permanent restrooms. Portable restrooms are prohibited. F. The site must have a designated indoor or outdoor seating area. G. Two (2) parking spaces shall be provided for each food truck. H. The property owner must provide trash receptacles and waste removal adjacent to each tenant. On site dumpsters shall be screened in accordance with section 11-3A-12 of this title. 1. Mobile structures, such as sheds, are prohibited. 11-4-3-52 Food truck Allow permanent food trucks 11-4-3-52 - Food truck associated with brick and mortar stores. A. The site plan for the primary business shall include a defined food truck location. B. Hours of operation shall be limited to the hours of the primary business. C. The food truck shall maintain a clean appearance at all times and have exterior colors compatible with the primary business. D. The food truck operator shall obtain any and all applicable licenses, permits, certifications, and inspections from the Central District Health Department and the City of Meridian Fire Department prior to operating on the site. E. The food truck must have access to all utilities necessary to operate the unit. F. The food truck operator must have access to the public restroom facilities of the primary business. Portable restrooms are prohibited. G. The property owner must provide trash receptacles and waste removal for the operator. H. The food truck is prohibited in the required landscape buffers. 1. The food truck shall not reduce the number of required off street parking_ spaces for the primary business. 11-5A-6D.4 Proof of posting State statue doesn't require a d statemen notarized statement to 4. Proof of posting.A H^ ^r��^ certificate of sign posting, map depicting accompany sign posting. This the location(s) of the sign(s) and n photographU of the posting shall be provided requires a notary to verify that o the city no later than seven (7) days prior to the public hearing attesting an applicant has posted the site. Amending code to require a tocertifying where and when the sign(s) were posted. Unless certificate is received certified statement of by such date, the hearing will be continued. compliance meets the intent of City code.A new form will be created to ensure posting compliance is met. DATE: 8/06/2024 8 w IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2056: An Ordinance (Two Mustard Seeds Women's Resale Shop H-2024-0009) for rezone of a parcel of land being a portion of Lot 2, Block 1 of West View Addition to Meridian Subdivision as filed in Book 2 of Plats at Page 68, records of Ada County, Idaho, more particularly described in Exhibit "A," rezoning 0.63 acres of land from the R-8 (Medium-Density Residential) zoning district to the 0-T (Old Town) 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 2024-044668 BOISE IDAHO Pgs=5 VICTORIA BAILEY 08/14/2024 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2056 CAVENER, LITTLE ROBERTS, OVERTON, BY THE CITY COUNCIL: STRADER, TAYLOR,WHITLOCK AN ORDINANCE (TWO MUSTARD SEEDS WOMEN'S RESALE SHOP H-2024-0009)FOR REZONE OF A PARCEL OF LAND BEING A PORTION OF LOT 2, BLOCK 1 OF WEST VIEW ADDITION TO MERIDIAN SUBDIVISION AS FILED IN BOOK 2 OF PLATS AT PAGE 68, RECORDS OF ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 0.63 ACRES OF LAND FROM THE R-8 (MEDIUM- DENSITY RESIDENTIAL) ZONING DISTRICT TO THE O-T (OLD TOWN) 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 Expansion International Inc., the owners of said property. SECTION 2. That the above-described real property is hereby rezoned from the R-8 (medium- density residential) zoning district to the O-T (Old Town) 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-TWO MUSTARD SEEDS WomFN's RESALE SHOP H-2023-0009 PAGE I PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 13th day of August 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO,this 13th day of August, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) SS: County of Ada ) On this 13th day of August, 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. Notary Public for Idaho My Commission Expires:_3-28-2028 REZONE ORDINANCE—Two MUSTARD SEEDS WOMEN'S RESALE SHOP H-2023-0009 PAGE 2 EXHIBIT A I DAH O w Emerald St SURVEY , ID 83704 ISG GROUP (208) 846-8570 (208) 884-5399 Rezone Description for Expansion International Inc., The following Describes a Parcel of Land being a portion of Lot 2, Block 1 of West View Addition to Meridian Subdivision as filed in Book 2 of Plats at Page 68, Records of Ada County, Idaho Lying in a Portion of the Southeast 1/4 of Section 12, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more Particularly Described as follows: COMMENCING at the Northeast Corner of the Southeast 1/4 (East 1/4 Corner) of said Section 12; From which, the Southeast Corner of said Section 12 bears, South 00°43'35"West, 2652.62 feet; Thence along the Easterly Boundary Line of the Southeast 1/4 of said Section 12, South 00°43'35" West, 114.88 feet to a point being on the Prolongation of the Northerly Boundary Line of Lot 2, Block 1 of said West View Addition to Meridian Subdivision, the POINT OF BEGINNING: Thence continuing along said Easterly Boundary Line, South 00043'35"West, 84.75 feet to a point being on the Prolongation of the Southerly Boundary Line of Lot 2, Block 1 of said West View Addition to Meridian Subdivision; Thence leaving said Easterly Boundary Line, and along the Southerly Boundary Line of said Lot 2, and its Prolongation, North 89026'02" West, 325.04 feet to the Centerline of Northwest 15t Street; Thence leaving said Southerly Boundary Line, and its Prolongation, and along the Centerline of Northwest 1s' Street, North 00028'01" East, 84.62 feet to a point being on the Prolongation of the Northerly Boundary Line of said Lot 2; Thence leaving said Centerline, and along the Northerly Boundary Line of said Lot 2, and its Prolongation, South 89027'25" East, 325.42 feet to the POINT OF BEGINNING: The above Described Parcel of Land contains 0.63 acres (27,542 Sq. ft.) more or less. f tt�til$ d� 41171 Z`t Gy Page 1 of 1 6 s89"27'25"e 325.4 d 3 OC14N cp (O in N y A Cq °ty aD � C N 325.04 n69"26'02"w �8 1 Expansion International Inc., Rezone Description 4/17/2024 Scale: 1 inch=43 feet File: Tract 1:0.6323 Acres(27542 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/218899),Perimeter=820 ft, 01 s00.4335w 84.75 02 n89,2602w 325.04 03 n00.2801 a 84.62 04 s89.2725e 325.42 EXHIBIT B S89'28'31"E 325.94' E. PINE AVE.1/412 7 v a: Q wok � I� II w WI 30 ! rl z p, Z I I Point of S89'27'25"E 325.42' Beginning 30.00' 248.60' 46.82' w1 I mil„ 3 O N In 00 N � M OI a0 Do I 0 ZI IN 1 30.00' 246.19' _ 48.85' N89.26'02"W 325.04' I d 1 in •5 N y w l i Co 3 M p aLno N rn COI M 'vN—i a� a M Z l to i I • _ _ _ _ _ _ _ _ W. IDAHO AVE. N89'23'13"W 324.47' 10 60 180 i 0 30 120 • .__ • — I ov Scale: 1 " = 60' �P& LANQ Legend r.;' �cEN �— N 1 �j Found Aluminum Cap Monument 4 e� C C Calculated Point, Nothing Found or Set r EP V G J N _J,L �P —-- --— Property Boundary/Rezone Line � or- Right-of-Way Line E H • , — — — - Lot/Parcel Line of Record - - - Section Line W. Franklin Rd. 1 7 - - Centerline 13 18 IDAHO Rezone Exhibit Drawing for 23b 343 SURVEY 9955 W.EMERALD ST. Expansion International Inc., Sheet No_ BOISE,IDAHO 83704 (208)816-8570 A Portion on Lot 2, Block 1 of West Mew Addition to Meridian 1 GROUP, LLC Located in the SE 1/4 of Section 12, Dwg. Date T.3N., R.1E., B.M., City of Meridian, Ado County, Idaho. 1/3/2024 i i i CERTIFICATION OF SUMMARY: j I William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M.Nary, City Attorney } SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2056 An Ordinance (Two Mustard Seeds Women's Resale Shop H-2024-0009) for rezone of a parcel of land being a portion of Lot 2, Block 1 of West View Addition to Meridian Subdivision as filed in Book 2 of Plats at Page 68, records of Ada County, Idaho, more particularly described in Exhibit "A," rezoning 0.63 acres of land from the R-8 (Medium-Density Residential) zoning district to the O-T (Old Town) 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-TWO MUSTARD SEEDS WOMEN'S RESALE SHOP H-2023-0009 PAGE 3 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2057: An ordinance (Rosalyn Subdivision — H-2023-0056) annexing a parcel of land located in the northwest quarter of the southwest quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 0.014 acres of such real property from RUT (Rural Urban Transition) to the R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-044666 BOISE IDAHO Pgs=4 ANGIE STEELE 08/14/2024 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2057 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR, WHITLOCK AN ORDINANCE (ROSALYN SUBDIVISION — H-2023-0056) ANNEXING A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 0.014 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO THE R-8 ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner B-B Rosalyn, LLC to annex and rezone the land described in the legal descriptions attached hereto as Exhibit "A" and the maps attached hereto as Exhibit "B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS, the City of Meridian is authorized by Idaho Code section 50-222 to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 0.014 acres of such real property from RUT (Rural Urban Transition) to R-8 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 official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION ORDINANCE—ROSALYN SUBDIVISION H-2023-0056 Page I SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO,this 13th day of August, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 13th day of August, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this_13th day of August,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. Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—ROSALYN SUBDIVISION H-2023-0056 Page 2 EXHIBIT A Professional Engineers, Land Surveyors and Planners 924 3`d St. So. Nampa, ID 83651 AS S(D C i a b�5 Inc. Ph (208) 454-0256 e-mail:dholzhey@mascmandassociates.us FOR: B-B ROSALYN LLC JOB NO.: JY0323 DATE: December 6, 2023 EXHIBT "A" ANNEXATION OF E. ROSALYN DR. CUL-DE-SAC A parcel of land in the NWl/4 SW1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the northwest corner of the NW1/4, said corner lying N. 00' 37' 11"E., 2649.85 feet from the southwest corner of the NW 1 A; Thence S. 00' 37' 11" W., 2296.92 feet along the west boundary of the NW1/4; Thence N. 89' 44' 39" E., 620.87 feet to the northwest corner of Larkspur Subdivision No. 2 in Book 97 of Plats, Page 12314-12317, recorded in the Ada County Recorder's Office; Thence S. 00' 17' 40" E., 387.96 feet to southwest corner of Lot 1 Block 1 of San Gorgonio Subdivision and the POINT OF BEGINNING; Thence a distance of 194.29 feet along the curve right, having a radius of 45.00 feet, a central angle of 247' 23' 42", the long chord of which bears S 33' 23' 00" W., a distance of 74.87 feet; Thence a distance of 23.52 feet along the curve left, having a radius of 20.00 feet, a central angle of 67' 22' 30", the long chord of which bears N 56' 36' 25" W., a distance of 22.19 feet; Thence N 00' 17' 40" W., 50.00 feet; LW Thence N 89' 42' 20" E., 59.98 feet to the POINT OF BEGINNING. ST 9366 Mason `�'l►�2�°8�Z3 0 �ssociat� Professional Engineers, Land Surveyors and Planners H01-ti�� Page 1 of I H ■ B ■T- " 111E� " A PART OF THE NW 114 SW 114, SECTION 19, T. 3 N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO PLS 7729 13 18 2023 CP&F INST. NO. 2019-015471 24 19 3 N f� 0) � N N89'44'39'E 620.87' U J 0 O z N Q � � m obi W Q O M oµ rn W Z 'Mo W 114 PLS 19630 CP&F INST. NO. 2020-161346 N89'42'20"E 59.98' 3 0 0 -`r o o o � 0 z C3 G� Curve Table Curve # Length Radius Delta Chord Direction Chord Length C2 194.29 45.00 247'23'42" N33'23'00"E 74.87 C3 23.52 20.00 67'22'30" N56'36'25"W 22.19 ANNEXATION OF E.ROSALYN DR. CUL-DE-SAC B-B ROSALYN LLC JOB NO. JY0323 Professional Engineers, DWG NO. BDY _Mason Land Surveyors �,_ &Planners SCALE: =IEVIL N.T.S. ssociates 243dS SpAhMmMl089�1 FfElO BOOK N0. DRAWN BY I DATE: DH 1 12106123 1 CERTIFICATION OF SUMMARY: i William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. c William L. M.Nary, City Attorney j i SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24- An ordinance(Rosalyn Subdivision—H-2023-0056)annexing a parcel of land located in the northwest quarter of the southwest quarter of Section 19,Township 3 North,Range 1 East,Boise Meridian, Ada County, Idaho, more particularly described in Exhibit"A";rezoning 0.014 acres of such real property from RUT(Rural Urban Transition)to the R-8 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law;repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—ROSALYN SUBDIVISION H-2023-0056 Page 3 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2058: An ordinance (Pebblebrook Subdivision — H-2024- 0005) annexing a parcel of land located in the northeast quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 13.94 acres of such real property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-044663 BOISE IDAHO Pgs=4 ANGIE STEELE 08/14/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2058 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR, WHITLOCK AN ORDINANCE (PEBBLEBROOK SUBDIVISION — H-2024-0005) ANNEXING A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 13.94 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO THE R-8 (MEDIUM-DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER,AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Te Amo Despacio, LLC to annex and rezone the land described in the legal description attached hereto as Exhibit "A" and the map attached hereto as Exhibit "B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS, the City of Meridian is authorized by Idaho Code section 50-222 to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 13.94 acres of such real property from RUT (Rural Urban Transition) to the R-8 zoning district. ANNEXATION ORDINANCE—PEBBLEBROOK SUBDIVISION H-2024-0005 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 13tn day of August, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 13th day of August, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 13th day of August,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. Notary Public Commission Expiration:_3-28-2028 ANNEXATION ORDINANCE—PEBBLEBROOK SUBDIVISION H-2024-0005 Page 2 EXHIBIT A Legal Description Pebblebrook Subdivision A parcel located in the NE % of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said NE '/4, from which a Brass Cap monument marking the northeast corner of said NE % bears N 0°24'53" E a distance of 2661.08 feet; Thence N 0024'53" E along the easterly boundary of said NE %4 a distance of 269.30 feet to the POINT OF BEGINNING; Thence leaving said easterly boundary of the NE % and along the northerly boundary and the projection thereof of Paramount Subdivision No. 21 as shown in Book 105 of Plats on Pages 14238 through 14240, and the easterly boundary of Paramount Subdivision No. 22 as shown in Book 105 of Plats on Pages 14312 through 14314, records of Ada County, Idaho, N 70d41'29" W a distance of 1439.48 feet to a point on the easterly boundary of said Paramount Subdivision No. 22; Thence along said easterly boundary N 0d02'46" W a distance of 334.37 feet to a point on the southerly boundary of Paramount Subdivision No. 24 as shown in Book 107 of Plats on Pages 14797 through 14799, records of Ada County, Idaho; Thence along said southerly boundary and the southerly boundary of Paramount Subdivision ".o. 27 as shown in Book 108 of Plats on Pages 15046 through 15048, records of Ada County, Idaho, S 78°26'46" E a distance of 962.67 feet to a point; Thence continuing along said southerly boundary of Paramount Subdivision No. 27 and the projection thereof S 89d35'00" E a distance of 420.08 feet to a point on the easterly boundary of said NE %4 of Section 25; Thence along said easterly boundary S 0°24'53" W a distance of 614.49 feet to the POINT OF BEGINNING. This parcel contains 13.94 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS \o ,p,L LA/Vo Land Solutions, PC Co \S T ER pL February 6, 2024 0 m 11118 ,P,A02��(2y OF TAN W NPR Lain- dibluti ns Pebblebrook Annexation ���'Land sumeytog and Consulting Job No.23-55 EXHIBIT B PEBBLEBROOK SUBDIVISION - ANNEXATION EXHIBIT LOCATED IN THE NE 1/4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BM, ADA COUNTY, IDAHO 24 19 W. CHINDEN BLVD 25 30 PARAMOUNT SUBDI �SION N0. ¢ 3 w 24 PARAMOUN z' I T SUBDI VjSION N0. 27 a, S78 26'46" ' ' UNPLATTED E 962.67) I S89°35'00"E 420.08' CD p Z TAX PARCEL 25' PRESCRIPTIVE SO425142030 ROAD EASEMENT I z < I Uw m TOTAL AREA = N o 13.94 ACRES Z PqR TAX PARCEL --13,�! m S�BQ MpUNT S0425141990 In A10. 22/pN io Nag 4�29.,w cn i o m C) �� PARAMp 3g 48 ¢ UNT SN o / Bp/�S/p / i � N N0. 2/ I � l l z UNPLATTED POINT OF BEGINNING _ N 0 M Oi ! 1 I 25 30 1/4 ONPL LA No ISTfR G,pL 0 c 11118 nNim '.yp2�i1a I `P���= �i�'TTF O F \�A�� Land Surveying and Consulting LL;a:n lutions 0 1 001 200� 400, 0/V W•\A 231 E.5TH ST. ,t MERIDIAN,ID 83642 (208)288-2040 (208)288-2557fax www.landsolulions.biz JOG No.23-ss 1 CERTIFICATION OF SUMMARY: William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. f &Z` William L. M.Nary, City Attorney i SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24- i An ordinance (Pebblebrook Subdivision — H-2024-0005) annexing a parcel of land located in the northeast quarter of Section 25,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho, more particularly described in Exhibit "A"; rezoning 13.94 acres of such real property from RUT (Rural Urban Transition)to the R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue,Meridian,Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—PEBBLEBROOK SUBDIVISION H-2024-0005 Page 4