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HomeMy WebLinkAbout2024-08-27 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 27, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock 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 August 13, 2024 City Council Regular Meeting 2. Elevate Storage Sanitary Sewer Easement (ESMT-2024-0021) 3. Modern Craftsman Franklin Sanitary Water and Sewer Main Easement 2 (ESMT- 2024-0111) 4. Final Plat for Pebblebrook Subdivision (FP-2024-0014) by Hayden Homes, LLC., located at 5725 N. Meridian Rd. 5. Final Order 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. 6. Findings of Fact, Conclusions of Law for Brundage Estates (TECC-2024-0002) by Engineering Solutions, LLP., generally located 1/4 mile south of W. Victory Rd. on the east side of S. Linder Rd. in the west half of Section 25, T.3N.,R.1W. 7. Findings of Fact, Conclusions of Law for Brundage Estates MDA (H-2024-0031) by Engineering Solutions, LLP., generally located 1/4 mile south of W. Victory Rd. on the east side of S. Linder Rd. in the west half of Section 25, T.3N.,R.1W. 8. Findings of Fact, Conclusions of Law for Luna Hospice (H-2024-0012) by CivilSphere Engineering, Located at 525 E. Overland Rd. 9. Task Order Agreement with McCall Studios for Fabrication and Installation of Public Art at Chateau Park for the Not-to-Exceed amount of $45,000 10. Agreement between the Idaho State Historic Preservation Office (SHPO) and the City of Meridian to Receive a Grant Award of $12,000 for Eligible Project Costs on an Updated Historic Preservation Plan for the City of Meridian 11. Nondisclosure and Confidentiality Agreement between the City of Meridian and Idaho Power Company 12. License Agreement with Valley Regional Transit for Use of Parking Stalls 13. Animal Welfare and Enforcement Agreement by and between the City of Meridian and The Idaho Humane Society 14. City of Meridian Financial Report - June 2024 15. City of Meridian Financial Report - July 2024 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 16. Public Hearing for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. Approved Application Materials: https://bit.ly/H-2024-0007 A. Request: Modified Development Agreement to modify the existing development agreement (DA) (Inst.#2017-041827) to include new owner's information and revised concept plan for the four (4) commercial lots north of E. Mount Etna Dr. B. Request: Conditional Use Permit for a 3,320 sq. ft. bank with a drive- through for an automatic teller machine (ATM). Motion to approve made by Councilman Overton, Seconded by Councilman Taylor. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader Voting Nay: Councilman Cavener 17. Public Hearing for McKay Farm Subdivision (TECC-2024-0001) by Sam Johnson, Scentsy, Inc., located at 5875 S. Eagle Rd. Approved Application Materials: https://bit.ly/TECC-2024-0001 A. Request: for a second time extension for the preliminary plat of Mckay Farm Subdivision Motion to approve made by Councilman Taylor, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener, Councilwoman Strader RESOLUTIONS \[Action Item\] 18. Resolution No. 24-2468: A Resolution of the City Council of the City of Meridian Certifying the Levy of $504,546 of Forgone Property Taxes in Fiscal Year 2025 for the Specific Purpose of Funding Firefighter Personnel Expenses and Providing an Effective Date Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Whitlock. Voting Yea: Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader Voting Nay: Councilman Taylor, Councilman Cavener ORDINANCES \[Action Item\] 19. Ordinance No. 24-2059: An Ordinance of the City of Meridian, Idaho amending Ordinance No. 23-2035, the appropriation ordinance for the fiscal year beginning October 1, 2023 and ending September 30, 2024 (FY2024), by increasing total appropriations from $233,617,299 to $241,358,900, increasing total revenue from $153,722,889 to $173,614,188, and decreasing the use of fund balance from $79,894,410 to $67,744,712; and providing an effective date. Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Whitlock. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader Voting Nay: Councilman Cavener 20. Ordinance No. 24-2060: An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $255,511,778 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts specified for the fiscal year beginning October 1, 2024 and ending on September 30, 2025; to levy all such appropriate taxes and levies as authorized by law upon taxable property; to collect all authorized revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date. Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener, Councilwoman Strader Voting Nay: Councilman Taylor FUTURE MEETING TOPICS ADJOURNMENT 7:49 PM Meridian City Council August 27, 2024. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, August 27, 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, Linda Ritter, 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 the meeting to order. For the record it is August 27th, 2024, at 6:00 p.m. We will begin this evening'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: Next up is our community invocation, which tonight will be delivered by Nick Armstrong. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Nick. Armstrong: Father, you are mighty and we thank you for your good favor on this city and our citizens. We appreciate the staff, our city services that keep our -- our community safe and a good place live. We pray for our Mayor and our Council on the decisions to make regarding zoning issues, regarding use of land and ordinances and we just pray for wisdom for them and that they would make decisions that are good for the community and pray for our citizens that they would see and appreciate the good things that we have here and just thank you for your presence and pray that we can be an example and a light to this valley, as so much strife exists in our society and I just pray that we can talk to each other objectively and have frank discussions about things that need to be resolved. So, just thank you for this evening and pray in Jesus' name, amen. Meridian City Council August 27,2024 Page 2 of 37 ADOPTION OF AGENDA Simison: Thank you, Nick. First up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No changes this evening, so I move that we adopt the agenda as presented. Strader: Second. Simison: Have a motion and a second to adopt the agenda. Is there a discussion? If not, all in favor signify by saying aye. Opposed nay? And the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the August 13, 2024 City Council Regular Meeting 2. Elevate Storage Sanitary Sewer Easement (ESMT-2024-0021) 3. Modern Craftsman Franklin Sanitary Water and Sewer Main Easement 2 (ESMT-2024-0111) 4. Final Plat for Pebblebrook Subdivision (FP-2024-0014) by Hayden Homes, LLC., located at 5725 N. Meridian Rd. 5. Final Order 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. 6. Findings of Fact, Conclusions of Law for Brundage Estates (TECC- 2024-0002) by Engineering Solutions, LLP., generally located 1/4 mile south of W. Victory Rd. on the east side of S. Linder Rd. in the west half of Section 25, T.3N.,R.1 W. 7. Findings of Fact, Conclusions of Law for Brundage Estates MDA (H- 2024-0031) by Engineering Solutions, LLP., generally located 1/4 mile south of W. Victory Rd. on the east side of S. Linder Rd. in the west half of Section 25, T.3N.,R.1W. Meridian City Council August 27,2024 Page 3 of 37 8. Findings of Fact, Conclusions of Law for Luna Hospice (H-2024-0012) by CivilSphere Engineering, Located at 525 E. Overland Rd. 9. Task Order Agreement with McCall Studios for Fabrication and Installation of Public Art at Chateau Park for the Not-to-Exceed amount of $45,000 10. Agreement between the Idaho State Historic Preservation Office (SHPO) and the City of Meridian to Receive a Grant Award of $12,000 for Eligible Project Costs on an Updated Historic Preservation Plan for the City of Meridian 11. Nondisclosure and Confidentiality Agreement between the City of Meridian and Idaho Power Company 12. License Agreement with Valley Regional Transit for Use of Parking Stalls 13. Animal Welfare and Enforcement Agreement by and between the City of Meridian and The Idaho Humane Society 14. City of Meridian Financial Report - June 2024 15. City of Meridian Financial Report - July 2024 Simison: First up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Strader: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. Meridian City Council August 27,2024 Page 4 of 37 PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we have no one signed up. ACTION ITEMS 16. Public Hearing for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. A. Request: Modified Development Agreement to modify the existing development agreement (DA) (Inst.#2017-041827) to include new owner's information and revised concept plan for the four (4) commercial lots north of E. Mount Etna Dr. B. Request: Conditional Use Permit for a 3,320 sq. ft. bank with a drive-through for an automatic teller machine (ATM). Simison: Okay. Then we will move up to Actions Items. Our first item up is Item 16, which is a public hearing for Firenze Plaza, H-2024-0007. We will open this public hearing with staff comments from Linda. Ritter: Good evening, Mayor and Council. My name is Linda Ritter and I'm the associate planner for the City of Meridian. So, tonight we are here for an application for a development agreement modification and conditional use permit. This site consists of 1.933 acres of land, zoned C-C, and it's located at 3182 Mount Edna Drive. So, Firenze Plaza was approved in 2019. The approved concept plan and the recorded development agreement for this area depicts four lots with commercial buildings. The applicant is requesting a modification of the existing agreement to include new owners information and revised concept plans for the four commercial lots north of East Mount Etna Drive. The applicant is requesting that a modification for a -- for the revised -- again for the updated owners information, revised concept plan, elevations, site and landscape plans north of Mount Etna Drive to reduce the commercial square footage from 20,000 square feet to 11,000 square feet, which is a reduction of 9,000 square feet. The applicant submitted two plans -- concept plans with the DA modification and a concurrent CUP for approving for a 3,320 square foot bank with the drive through for an automatic teller machine. So, the -- the bank hours of operations are within the required operating hours. However, the drive through and the walk up for the ATM will be available for 24/7, seven days a week, so we would need to modify Condition 2.6 to amend to include language stating the ATM will be in operation after 11 .00 p.m., because in the C-C zone the hours of operation are from 6:00 a.m. to 11 :00 p.m., but the ATM will be in operation after 11.00 p.m. Water and sewer services were installed with the development of Firenze Plaza. Any stubs not used should be abandoned per the city requirements. Locations of the water meter should not be in a drive or walking Meridian City Council August 27,2024 Page 5 of 37 path and should be in a landscaping area. The city requires a 20 foot easement for mains, hydrant laterals and water services. Easement should extend to the end of the main hydrant meter ten feet beyond. Current water stub easements do not meet current standards and should be updated. No trees or permanent structures are allowed in any utility easements. Again access to this site is from Mount Etna Drive via South Eagle Road. There is no direct access to the property from South Eagle Road. The applicant is requesting to relocate the entrance of the property further to the west. ACHD has approved the access request to relocate the existing entrance to the property. Parking for this requires one space per 500 square feet of gross floor area based on the 3,000 plus square feet of -- for the building -- proposed building a minimum of six parking spaces is required. A total of 32 parking spaces are being proposed exceeding the UDC minimum standards. A minimum of one bicycle parking space is required for every 25 vehicles parking spaces. Based on the 32 parking space a minimum of two parking -- bicycle parking spaces is required. A bicycle rack has been depicted on the landscape plan. There is -- there is an existing 25 foot landscape buffer with a ten foot detached sidewalk along North Eagle Road. The applicant is proposing a 16 foot landscape buffer along Mount Etna Drive with a five foot detached sidewalk when the -- when they relocate the entrance further west. The applicant is also proposing a 25 foot landscape buffer along the west property line as a buffer to the resident uses with a seven foot sidewalk. Landscaping shall be installed per the UDC standards. The applicant shall protect the existing landscape in doing construction. The applicant is also proposing a privacy fence along the boundary to the west and north properties and these fences shall meet the requirements of the UDC. Again, building elevations were submitted for Chase Bank and for the proposed commercial property. Building materials consist of smooth face CMU, panels, glass and fiber cement. Staff has reviewed the design, which complies with the design standards and our ASM upon approval of the conditional use permit the design review shall be issued. A conceptual design was also submitted again for the retail building as part of the development agreement modification. Plans will be submitted for review and approval prior to any building permit submittal. We did receive two written comments prior to the Planning and Zoning Commission and they were not in support of the bank -- bank at that location and, again, based on the staff's review of this application staff is recommending approval with the DA modification and conditional use permit per the conditions according to the findings in the staff report. So, at this time I will entertain any questions that you may have regarding this application. Simison: Thank you, Linda. Council, any questions for staff? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, I'm not sure if there is a question for Linda or Bill, but it seems like we just had a conversation about -- we couldn't designate what a drive through was, whether it was a restaurant, a bank, a dry cleaner. So, in this case are we able to Meridian City Council August 27,2024 Page 6 of 37 designate that this is a bank and that if something shifts they can't suddenly say, oh, we decided to do a different business? Nary: Mr. Mayor, Members of the Council, so we can't -- prior to the person applying what's allowed -- a drive through type of facility. We don't get to determine whether they choose to make it a bank or they choose to make it a restaurant, whatever. So, as long as it complies with our code -- the only reason I think we are here is because it has a drive through that's near a residential property. So, that's why I think it's here. So, if it's a bank today, but it changed to something else at some point in the future, as long as it complies with code it could change to something else in the future. As long as the code -- is compliant we wouldn't -- it's not required to be a bank forever. It's required to have a drive through. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think that at least I have just a quick point of clarification with Linda. The conditional use permit is not for it being a bank, the conditional use permit is because of the ATM drive up; correct? Ritter: Correct. Cavener: Thank you. Simison: Council, any additional questions for staff at this time? Okay. Would the applicant like to come forward? Thompson: Good evening, Mr. Mayor, Members of Council, my name is Tamara Thompson. I'm with The Land Group. Our offices are at 462 East Shore Drive in Eagle. I'm up here because I was the initial applicant for Albertson's when we initially did this and so just for some context is going to --just give a brief overview and, then, with me is my client Aaron Zuzack from Browman and we also have with us John Ringert from Kittelson should there be any questions regarding traffic and access. So, just a brief history. I'm not sure where those red things came from. This is -- so, we are talking today about a conditional use permit for a drive through for the bank and a DA mod to update the concept plan accordingly. The property initially was 40 acres, which is highlighted here and it was annexed and zoned in 2016. The Land Group represented Albertson's for that and this is how it broke down. We had roughly 24 acres or 60 percent of that was R-8 commercial and 16 acres or 40 percent C-C commercial. The -- this is the concept plan that was with our application and as you can see the property has built out accordingly. The pre-plat was approved in 2017 and the development agreement was recorded in May -- I'm sorry -- March of 2017. Here is what the center currently looks like. The Albertson's center opened in June of 2022 and the final plat was recorded in October of '22. What I would like to point out here is just this -- the public roadways -- and I don't seem to be able to point there. But the public roadways Meridian City Council August 27,2024 Page 7 of 37 of Mount Etna and Cubola behind the Albertson's have been constructed. All of the sidewalks are detached and all of the landscaping has been completed for all of it. The -- the R-8 is still vacant. Albertson's has that for sale as surplus property and we have done several layouts for different buyers, but as of this point nothing's gone forward. What we are talking about here is just the green area. So, that's the area to the north of the Albertson's center. It's all part of the same preliminary plat and final plat. So, in total it's -- it's two acres, which is about 12.5 percent of the entire project. But if we just look at the C-C zone property it's five percent of that total C-C property. So, in total it had four properties and per the Meridian Unified Development Code that we can take prop -- we can take parcels away, we can subtract parcels, but we can't add parcels to preliminary plats and final plats and so per the UDC -- and it's Section 11-613-3 that we are in substantial compliance by removing lots, but not by adding lots. So, when we initially did this that northern section was definitely speculative and we added more lots knowing that we could take them away easier than -- than adding them. So, that's -- that's why you have those four lots and I think I will pass it off to Aaron here to give you an update on where -- what Browman is. Zuzack: Good evening, Mr. Mayor and Members of the City Council. My name is Aaron Zuzack. I'm with Browman Development Company. I'm here tonight to request your formal approval of the development agreement modification and the conditional use permit application for Chase Bank. Browman Development Company -- it's a -- is a family-owned, long-term owner and operator of retail properties throughout the west coast. We take pride in our developments. We are not a merchant builder or developer who is just looking to build and sell our next property. We are here to invest in the community and provide the best in-class grocery anchored retail neighborhood center. Chase Bank will not only provide essential financial services for the community, but also generate employment opportunities. The bank is synergistic with our existing development and our goal is to complement the bank with the adjacent development on the northern parcel. We started our involvement in Firenze Plaza a little over three years ago. We purchased the property from Albertson's in 2022 and that was -- that's the 16 acres that we purchased and have since completed the construction of Albertson's and we have constructed four high quality retail and commercial buildings in the property. We have worked very hard to enhance the quality of the development by bringing the best in class tenants and setting a new standard by enhancing the architectural design of the development. I have spent a great deal of personal time ensuring that the design theme of the project and the architectural standards throughout the development are of its highest quality. We are excited to deliver to the community great tenants and public spaces that can be enjoyed by the neighborhood. We have really been patiently working with a number of great tenants in the development whom we believe will provide an excellent variety of options for the residents of south Meridian. We have been working with a number of high quality restaurants, including a recently announced sit-down Mexican restaurant, and we are working hard to provide another restaurant in the development. The DA modification process has been a long road and we have been working on it for almost a year. We had our first pre-app meeting in early November of last year and we have been fortunate to work with staff and we appreciate staff's thoughtful analysis for the applications and we are in Meridian City Council August 27,2024 Page 8 of 37 agreement with the recommendations from the Planning and Zoning Commission. I respectfully request that City Council approval of our development agreement modification and conditional use permit application for Chase Bank as recommended by the Planning and Zoning Commission. I'm here to address any comments, concerns or questions that you might have and I appreciate your time and consideration. Simison: Thank you. Council, any questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I appreciate the overview on the tenant mix you expect to see at this property. Just to put a finer point on it, though, what is the maximum number of drive throughs that would potentially exist on site? Zuzack: So, on the main site -- let me maybe go back to the site plan. There is the drive through of the existing pharmacy for Albertson's. There is another drive through that's just to the south of the Albertson's building and those are the only drive throughs, other than the existing drive through credit union that's at the property. Strader: Thank you. Simison: Council, any additional questions? Okay. Thank you very much. Zuzack: Thank you. Simison: Mr. Clerk, do we have anyone signed up? Johnson: Mr. Mayor, Romeo Gervais. Simison: Good evening. State your name and address for the record. Gervais: Good evening. My name is Romeo Gervais. I live at 3019 East Fratello, immediately to the north of the proposed development. I testified at Planning and Zoning Commission as well and I think we rectified one of the big issues that I had with the DA mod, but I do want to at least recognize that here tonight, just to have it on the record if you will. One of the big things that the neighborhood had petitioned for with the original development, if you will, was a condition that matched zoning for the R-8 lots to the south of the existing lots, that they match. In the files -- or in the records that are up on your website and included as part of the package, they -- the developer showed crossing off one of those conditions, Condition 5-I. Once again, I have been assured that that is not the intent to change that condition in the development agreement, but I think it's worthy of at least noting on the record that staff and the applicant both have said that that condition will not change. The only changes with the development agreement are the -- the site plan, as well as the owners of record. So, more just a Meridian City Council August 27,2024 Page 9 of 37 comment than a question. The next comment that I have is some of the discussions that you had with regards to the drive through. Your staff recommended at Planning and Zoning Commission that the north drive through not be approved and I think your staff got it right. Once again as we looked at the site and as some of the questions that came up, a bank drive through in my opinion is very different from a use standpoint than a drive through at a McDonald's or Wendy's or, heaven forbid, an In-N-Out; right? I don't think an In-N-Out is going to go there, but very different uses. So, I support the bank drive through use where it's located or where it's proposed. I think that's a -- an appropriate use, limitations, hours things like that that match more of the residential zone. But I don't support the residential or the drive through to the north and I think staff got it right when they said don't include that condition. So, I would ask that you remove that site plan to the north and say no drive through on that north lot. The applicant did, at the Planning and Zoning Commission, say, well, it's still a conditional use process and they would have to come back through a process. I would say to the applicant that there is also a process that they could come back and amend the development agreement again in the future. So, that -- that's the process that -- to protect citizens and protect the community that I would ask for. The other thing I guess I would just say is fencing. So, I appreciate the applicant's fencing a lot. The condition that's placed on it by staff basically just says upon development. So, I guess I would just ask that that maybe be tweaked a little bit to make sure that development includes any of the either -- or either of the two lots, so if the bank lot develops, but the lot to the north, for example, does not, that that fencing is installed all in one phase, as they did with the rest of the subdivision. So, like I say, overall I'm supportive of the development. If I had to pick oppose or support, I have to pick opposed, but realistically I think the developers have done a pretty good job, but a couple little tweaks, the drive through components and making sure we maintain the existing compatible uses. So, with that I would stand for any questions. Simison: Thank you. Council, any questions? Gervais: Appreciate your time. Thank you. Simison: Thank you. And, Mr. Mayor, I'm not sure if she wanted to speak, but Jen Pinter signed in. Thank you. Simison: Okay. Is there anybody else present who would like to provide testimony on this application? If so you can either come forward or if you are online you can use the raise your hand feature and we can put you in to speak. We have several people online. Just give it a second, since no one is walking forward. Seeing no one coming forward or raising their hand online, would the applicant like to come forward to close? Zuzack: Thank you again, Mr. Mayor and Members of the City Council. I appreciate it. I just wanted to address the one comment about the drive through on that northern parcel and, really, all we are trying to do is include multiple options in the development agreement. The development agreement -- the process takes time and, you know, we don't always have tenants that are hanging around for a year to take -- to have a Meridian City Council August 27,2024 Page 10 of 37 development agreement modification, but the city retains full discretionary approvals through the conditional use permit process, which is also a public hearing. So, if and when we do have a potential use and it may or may not be a drive through on that northern parcel, you know, we would come forward with an application for a conditional use permit, at which time it would be a full discretionary approval and we would be going through a very similar process just without the development agreement modification, because the development agreement modification process does take quite some time. So, we would respectfully request that we are able to include both site plans and the development agreement modification and as -- as recommended by Planning and Zoning Commission. Thank you. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Got a question for you, sir, if you don't mind. And I appreciate you being here. Yes. Your opening remarks you mentioned you are here for questions, comments, concerns. I have got a little bit of all of them. I want to preface that I love this part of Meridian. I shop this grocery store weekly. My dry cleaner is over there. My dentist is over there. I -- Jersey Mike's. I went to Cut Pot for the very first time on Friday, so I'm in this spot of Meridian frequently throughout the week. Concerns comes that an observation that I have seen more frequently in this parking lot, particularly to the Albertson's area, that I see more than any other parking lot in Meridian, which are fender benders. The navigation around your -- the lot of this development is challenging with the access of the -- off of Amity into the drive through for the Albertson's, the way that your kind of outward parcels circulate, I see more slow mileage accidents there than anybody else and so I'm -- I'm reluctant to support a conditional use permit that would bring in more kind of vehicle driven business into the area. You are an expert. You say you do these projects all over. Is that feedback that you have heard? Do you see the same amount of fender benders here than you see in your other projects? I said -- I come back to I'm reluctant to invite another piece of kind of car based commerce when I think that we have got a -- a problem in this particular development that I worry is only going to get worse as this part of Meridian grows. Zuzack: I appreciate the comments. You know, we own almost five million square feet of retail shopping centers and this particular center doesn't see any more than we would normally see in any shopping center that we have. You know, I think from our perspective, you know, we wanted to ensure that the corner lots were very consistent with the original development agreement and by corner I mean the hard corner of Eagle and Amity. We spent a great deal of time making sure that those corner lots were very consistent with what the vision that the city and Albertson's and The Land Group and everybody -- all the stakeholders that were involved in this process from early 2016 and on. You know, with that I think there were a lot of other potential users that would have loved to have seen drive through uses there. Drive-through uses, you know, became a Meridian City Council August 27,2024 Page 11 of 37 -- you know, as -- during the pandemic things shifted in the retail world and drive through uses became a necessity that, you know, we kept hearing from tenants and users throughout the west coast and we held our ground and said, you know what, we want to really maintain what was presented and what was originally proposed for that hard corner and kept it very -- try to keep it very pedestrian friendly with an outdoor plaza and a place for -- hopeful for outdoor seating for our restaurants. I think, you know, what we are trying to do is move any potential drive through use a little bit further away from what would be that pedestrian focused courtyard by putting it, you know, potentially over on the far northern side of the property and by drive through use I mean, honestly, we -- we -- we have envisioned that to be a pretty benign drive through use, more of a pickup window type drive through use. I don't know who the use is today. In fact, you know, unfortunately, we don't have a user even in -- in mind, but, you know, the world of drive throughs keeps changing and there is so many varieties of intensities and so I think, you know, we have -- we are really trying to be intelligent and smart about where we place them on the site and ensure that it's consistency with what was originally approved. Simison: Use your mic, Councilman Cavener. Cavener: In your business do you guys only do retail commercial or do you also do residential? Zuzack: We also do residential. We have a component of our company that is multi- family apartments. Residential. Not for sale. Cavener: I'm curious -- Mr. Mayor, if I may? Simison: Councilman Cavener. Cavener: I think the best example I have been able to draw is certainly multi-family brings different challenges than single family residential. Both bring their own challenges, but we certainly see different type of challenge with multi-family and the more intensive use and I think where the challenge that I see is you have got where you wanted that intensive use on the hard corner, but it does not interact with the more passive. I would not use the term pedestrian friendly for your -- for your area right now. It's even a place that I -- I'm more concerned being with my child through the parking lot at this particular development than I am with others and so not just the pedestrian friendly, it's, well, what are we doing for the safety of -- of people that are traveling there by car and are trying to conduct commerce at the various places. So, I'm going to need some time, really, to contemplate this conditional use permit, because I -- I worry by doing so I'm almost encouraging making a bad problem worse and I just -- I'm not sure if I'm comfortable to help maybe contribute to what I think is a problem in this particular area, although I love this area. I just wish it was more pedestrian friendly. I wish it was more easy to navigate. Then, again, maybe it's a case that because I'm there so frequently I see more accidents being frank. I was in the parking lot on Mother's Day morning and because somebody wasn't paying attention, but I also feel that the -- the Meridian City Council August 27,2024 Page 12 of 37 density of parking that separates kind of your more transact -- transactional use and the grocery side really is exacerbating a problem of this being a place where a lot of people want to conduct commerce. So, I wanted you to know where I'm coming from. Zuzack: Thank you. Simison: And if I could maybe back pile on -- I live in Tuscany, you know, I'm in this facility, unfortunately, four times a week, because I eat a lot of ice cream, you know, just being -- you know, being real about it and whatnot, but I have to echo what Councilman Cavener is saying, the pedestrian activity is really not there and while -- and I'm going to pull a little bit from what my wife reports to be that people say on NextDoor, on Facebook, because I don't read there, but, you know, I know the residents in this area are truly looking for a place to go sit down and enjoy something and I'm not going to make judgment on the environment, I don't know what it is, but when I look at that plaza I don't see a place where I want to go sit down outdoors and enjoy something with a roundabout that never stops slowing and other things and this parcel is one that actually had a lot of hope that we would see something that is a little bit more neighborhood walk to friendly, because I was going to be right adjacent the residential areas of the community and we have a lot of traffic on doing other things in the area. I mean if you look at Eagle Road at how many banks have not made it in the last 15 years that are now being converted to pizza restaurants or other uses, the market will help determine whether or not these are successful locations, but I also think that there is as good if not better uses in these areas and some of the challenges that I have personally -- again, south Meridian going up and having a cup of coffee at Lucky Perk, where you have got a wrap around drive through next to an adjacent thing -- Black Rock. A drive-through next to the roadways. Nothing feels like that they are creating a neighborhood commercial sit-down interactive thoughts. So, for me I would love to see something really more forward with the current configuration, as compared to having any drive- throughs in this location to create a for-business, walkable environment opportunity. We are still going to struggle with Eagle Road. I mean it's not going reduce it. So, you know, I'm going to call that a little bit of what I think I have heard from my wife through the community in online forums about what the residents in the area are hoping that they would see. I can only speak for what -- my wife wants that neighborhood go sit down and get away from me location and that doesn't exist right now I can tell you that. You know, she's not walking down there -- probably not even going to drive down there. We will go to Jersey Mike's. We will go to Jersey Mike's, but we are not In-N-Out. So, I will take that in that context. I have never seen an accident, so, Councilman Cavener, what his experience is I can't speak to that. You know, I do have challenges driving through on the south side of Albertson's, which is where the drive-through is and other things and I know that there is a restaurant with a drive-through that will be proposed in that location. It's always been shown on the plat and I think when that comes in it's usually to make it even harder to call this pedestrian friendly at all on this property on anything along the southern border, if that becomes an alley. So, my two cents as an interactive user on the property and I will leave it at that. And you are welcome to give me feedback on -- Meridian City Council August 27,2024 Page 13 of 37 Zuzack: Mr. Mayor, thank you very much. I appreciate it. I -- you know, I just ask -- you know, we -- as a long-term owner, operator, and holder of retail properties, we -- you know, we are trying to be extremely patient with our tenant mix. You know, we built that plaza with the intent that if we build it they will come and that's exactly what we are trying to do. You know, we could put in a lot of different retail uses there that are approved under the C-C zoning ordinance, but the reality is is that our number one focus right now from a recent perspective is to bring sit-down restaurants with outdoor dining and outdoor seating. We have -- it's not there today, so it is hard to envision it, because it is an empty space, but we are patient, we want to bring in high quality restaurants that have outdoor seating to create a neighborhood environment and we believe that they will be there, it just takes time and it takes patience and that's exactly what you get from us is -- is a firm -- a family-owned firm that is patient enough to make sure that we bring in the right users and that's what our goal is. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Would you mind walking us through both of the plans? Because I know there are two that were being submitted as part of the DA modification. Zuzack: Yeah. Absolutely. So, the two plans are shown here, Site Plan A and Site Plan B. Site Plan A, the common theme between both of them is that on the southern half of both site plans is Chase Bank. It's the smaller 3,300 square foot building. On the northern half is really a placeholder and it's going to, you know, likely be a multi- tenant type opportunity or a single tenant user in that configuration where you have got parking focused on the inside of the site and the buildings up against the street, but we had requested that we have both Site Plan A and B in the DA mod -- in the DA modification to allow the use of a drive through. Again, the drive through would have to go through a conditional use permit application, because of its proximity to residentially zoned land to the north and to the west of it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I guess part of my concern is I understand you would still have to go through the CUP process for a drive through on the northern parcel, but to approve a site plan now -- it's not being approved, but in effect by attaching it to a DA modification I feel like that kind of gives our stamp of approval to that site plan and I am concerned about kind of prematurely approving the Site Plan A if the whole thing ended up being drive throughs, for example. We have just found that there are some corners -- the corner of Ustick and Meridian Road comes to mind -- where, you know, we have got like three drive throughs in a very small parcel and it just becomes -- not only is it not pedestrian friendly, it -- and I understand that COVID changed the dynamic, so I'm trying to balance things, but depending on the uses, especially if they have a lot of overlap in Meridian City Council August 27,2024 Page 14 of 37 their hours of operation and so forth, it can just really become hectic, dangerous. So, that's what I'm kind of considering is trying to balance that concern. You know, it -- for you I guess, you know, your ask was to approve both site plans. Is there kind of a fallback request that you would be okay with like Site Plan B and you could come back. I'm just curious if you have any feedback about that. Just a question I had. Zuzack: Yeah. Well, thank you very much. I -- I think, you know, we would respectfully request that both site plans are in there because of the length of time that is taken to go through the DA modification process, but I don't -- the CUP -- is -- is -- is a discretionary approval, but the DA modification, you know, is taken almost, you know, since November of last year when we came and had a pre-app. So, we would respectfully request to have both of them in there. But, you know, if -- if -- if it's -- you know, we would -- we would live with Site Plan B only being in the -- in the DA modification if -- if that's what it came down to for your approval tonight. Strader: Thanks. Yeah. And maybe we could follow up later, but I mean we do care about having an efficient process for people. It surprises me that a DA modification would take that long, especially if it resulted solely from the city's side of things. That would greatly surprise me. I know normally our planning staff tries to turn things around within a couple of weeks of all information being submitted. You are certainly welcome to provide feedback on the process now or later, but I just kind of wanted to understand that a little bit. That seems like an inordinate amount of time. Zuzack: It's not solely the city's -- you know, on the city's shoulders, to be honest with you, but it is -- you know, when you put everything together and you are going back and forth between, you know, answering questions and the various different entities that are involved in the process, it takes time to turn these things around and I would have to go back and look at the exact number of days that it was an application with the city, because I know that's -- they keep track of that. But it's between -- you know, when I'm counting between when we first met, had a pre-app, had another pre-app meeting to address, you know, some additional concerns that we made some tweaks on. So, it's just the -- the total amount of time. But it's not solely on the city. Strader: Yeah. Okay. That makes more sense to me. That would surprise me. Okay. And, then, you know, I'm not as familiar with this particular neighborhood. I have driven through it a few times, but I did want to, you know, check up on this concern regarding traffic flow and so forth in the larger parcel where you have Albertson's. You know, do you have signage? Do you have -- especially signage that, you know, kind of matches the Ada County Highway department's typical standards? I mean it's private property, so it's your responsibility to provide that signage and good traffic flow, but I just wanted to hear if you had any feedback about what's working and kind of what the setup is at that existing site. Zuzack: Yeah. We absolutely do have signage, stop signs, stop bars throughout the development internal on the private property. We would be open if city staff -- to work with city staff if there was some additional suggestions inside the circulation or work with Meridian City Council August 27,2024 Page 15 of 37 our own civil engineer to come up with additional things we could do on the private property. But we absolutely -- it's something we take very seriously. I mean we -- as a, you know, retail owner and somebody that we -- that's long term, you know, we are -- that we want -- we want the community to come. I mean that's the reason why we are here. I mean we want these patrons -- these -- these businesses to succeed. We -- we want, you know, people to be there and like to be there and want to be there. So, we would -- we are absolutely open to additional suggestions if there are any. Strader: Great. Thank you. Simison: Councilman Taylor. Taylor: Mr. Mayor. Aaron, thank you for the presentation. One question I have -- if only Site Plan B were approved tonight would that -- and you are -- you know, you are in the business of leasing out properties and I'm curious to your perspective on if you only had that plan approved do you see that as severely limiting the type of tenants you could attract, moderately or very little? I'm kind of curious your -- you know, if -- I know you want Site Plan A and I think you have articulated what -- articulated why, but just curious in your experience in other properties, does this make a dramatic difference in the type of tenants that would be attracted to this property? And I -- to the point made earlier by the Mayor and Councilman Cavener in terms of what are the type of tenants that will come, just kind of curious what your perspective would be on that. Zuzack: Councilman Taylor, thank you. Yeah. It does limit our ability to market the property, because, you know, when we go out and market to tenants, you know, time is typically of the essence and if we can talk to the tenant and say the process -- the exact process is, you know, we submit an application, we go for a conditional use permit, we go through a CZC and design review and we can lay out the exact number of days to get there, you know, it's easier to attract tenants. I don't know what the use is today. We don't have anybody in mind. But it does help us substantially to have the option of a drive through. You know, we don't see this as a, you know, heavy drive through use. We see this use as a pickup window style drive through, because there are so many different varieties of drive throughs versus, you know, a very heavy, you know, with speaker board type drive through type use, so -- but I just don't know what it is today and that's why I would respectfully request that when we do know what it is and we have some context around that use, you know, we know what the -- the amplification is of the drive through, we know, you know, what the style of drive through is -- I mean we -- we -- you know, originally when we were going through this process we had the drive through window facing the north side of the property. City staff and myself talked through it and, you know, we moved the drive through window to face Eagle Road, right, to ensure that it was away from future residences and that's something that we would make consistent, you know, through whatever the use is, whatever -- whoever the tenant is. But, you know, we would -- we would respectfully request that included in the -- in the -- in the development agreement modification, because it does help us attract tenants and at the time that we have some additional context around who the user is, we would bring it forward as a part of a conditional use permit. Meridian City Council August 27,2024 Page 16 of 37 Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just probably a kind of a follow-up comment, not as much a question, but it would seem to me, you know, my -- my natural inclination would be to want to make sure you have as many options as you can as you are -- you are working towards it, because it does take time and time is money, especially in development. But I don't live down here. I don't have a strong feeling. But I have driven by this property just a few times. So, I'm sensitive to people that live there and experience it every day what -- what they would like to see down there. But I do think to me it's a -- it's a good argument to have as many options available to you to fill the space. But I'm also torn a little bit, because I think a good point has been made about the type of tenant we would maybe want there in the future and it's hard to foresee what that would be. But clearly if there is a drive through you are going to be attracting entities that would like to lease a property that would have that. Clearly there is some concern about whether that's the kind of tenant we would want there, but I think it's a good point that giving you options does make some sense. That's kind of what I'm thinking right now. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If I could ask a question from city staff maybe, but I wouldn't go anywhere. Linda, how long -- if -- if an applicant has submitted everything the city requires, how long do we expect the CZC and CUP process to take? I think that would be very helpful if we could set some expectations around what would -- what would be expected. Ritter: Mayor, Council, so normally, based on our code, we have -- from the time we deem an application complete we have 70 days to get it to a hearing. Some things are quicker than others, depending on how many times we have to send it back for revisions. But a lot of times we can review the CZC at the time that we are doing the CUP, because it's the same application that you are looking at. So, I have been trying to do that -- to do everything on the front end, so that once it comes through for approval or whatever, they can just go right to applying for buildings permit, because we can't issue the CZC until approval has been given for the CUP, but we have already looked at it and determined that -- whether it meets our requirements, so that is done simultaneously. So, that cuts down the time of our review and we talked about that -- I talked about that with the applicant when we were doing this particular project. Again, a lot of times, depending on the complexity of the project, it can be done within 30 days, it can be done within 45 days or it takes up that full time to get to where we are. It just depends on the complexity of the project and this one was not complicated. It was just getting some things squared away as far as what we needed to move forward with. Strader: Mr. Mayor? Meridian City Council August 27,2024 Page 17 of 37 Simison: Council Woman Strader. Strader: Yeah. That's helpful. And I appreciate what you are saying about, you know, trying to do the two processes simultaneously. So, it's really not expect -- at least I think from our expectation by -- we have set 70 days as an outer limit to complete the CUP process and it sounds like the CZC process should run simultaneously with that. So, it sounds to me, sir, like this could be a 70 day at the most type of process and maybe more like 45 or 30 days. Would you say that that is more typical -- Ritter: Typical, again, depending on the complexity of it and how many times we have to send it back for clarification. Strader: Okay. Thanks. That helps me and I think probably would help the applicant also. Thank you. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, if it would help giving some additional context along the -- both the CUP process, as well as the modification of the DA. So, the DA modification does have to come to Council. That normally takes six to eight weeks at the most once it's complete, so -- and it really is just noticing of a hearing. So, there is no P&Z hearing. The P&Z process for the CUP does have to go through them. That, as Linda said, can take 30 to 45 days, depending on scheduling. The only issue that maybe hasn't been discussed that the Council may want to consider is if you approve a CUP drive through on that location, when the CUP comes through you are, then, determining what the hours are and where the location of it is. Not whether it can be there or whether it is in the right time and location on the building for it to be there. So, if the -- if the Council is uncertain on whether or not a drive through should be on that property yet, then, that might be why you may want to consider that to be a DA modification, because that may be when you know what it is, what's going to be there, what the impact could be of the neighborhood versus today where you don't know what it's going to be and so -- because once you allow it as a use the conditions are all you have left. So, that's the difference between the two. And, again, if it's a modification that the applicants are concerned with, normally the modifications -- again, I recognize there is other things that come into play occasionally on modifications, but generally it's a six to eight weeks at most because really it only comes to Council. Of course a notice to Council and a hearing here. So, it can go faster, as long as all the other information that planning needs to make that happen is there. So, there is some delays, but that's kind of the difference between the two. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council August 27,2024 Page 18 of 37 Strader: Thank you. I just had one more question I think for Linda and maybe -- maybe for legal, but I don't think so. I did want to just check on the comment that -- that was made regarding condition five. I -- I feel like that's already in the conditions and no further modifications are needed to emphasize that. Do you agree with the matching lots. I think that was a comment from a member of the public that was -- sorry. Ritter: That was regarding the residential portion? Right. We are not removing that, so -- Strader: Great. Thank you. Ritter: And also I just wanted to state that tonight the only conditional use permit that we are here for is for the Chase Bank, not for the second lot. Just for the first lot. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Aaron, I appreciate everything you have been saying tonight and I know you stated a commitment to try to bring some form of sit-down restaurant place where people can sit. If both of these become drive throughs where is that going to happen? Zuzack: Council Member Overton, on the main part of the Albertson's site we have wanted to focus that outdoor plaza at the hard corner of Eagle and Amity as our focal point for sit down restaurants, for our outdoor plaza, someplace where people will not only be able to eat, but also be able to meet with neighbors and talk to friends and -- and have a -- have a place, a there there. You know, we believe in our development experience that having one focal place, instead of having five of them all scattered out throughout a development site, is better. So, we wanted to put our focus on the one place that we felt was really important to not only the community and the city and Albertson's and ourselves, to focus that on the hard corner of Eagle and Amity where we have built an outdoor plaza, where we intend -- where we have got one restaurant signed up, who is in building permit, plan review and we are close to getting another restaurant signed up and at that point in time that empty plaza that's there today will be filled with -- with activity. Simison: Council, any additional questions, comments? Okay. Thank you. Zuzack: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will take a crack at this, we will see where it goes. I move that we close the public hearing on Item 16, application H-2024-0007. Meridian City Council August 27,2024 Page 19 of 37 Little Roberts: 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: Council, I think we always are trying to work to try and find a yes and I had some real strong opinions about this. I really tried to remain open minded. I think, though, unfortunately, through the course of the testimony and the discussion I have -- I have not been able to draw a conclusion that bringing a CUP is appropriate at this time. So, I'm going to move that we approve the MDA Instrument 2017-041827 and accept the new owner's information, as well as the concept plan for Exhibit B only and deny the request for the conditional use permit. Simison: Do I have a second to the motion? Overton: Mr. Mayor, question for the motion maker. Simison: Does that -- just trying to think about process. Technically you should either second it and ask a question or let it die and go back to them, as compared to -- Nary: Motion dies for lack of a second. Simison: Motion dies for lack of a second. Councilman Overton. Overton: Did I miss it? Did you include Condition 2.6 that would allow it to be open for 24 hours? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No, because I believe with denying the conditional use permit that would impact the hours of the ATM. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council August 27,2024 Page 20 of 37 Strader: Just want to -- sorry, maybe I'm a little slow. I'm just trying to follow along. So, just so I understand, I think what you are proposing was to update the ownership information, but not approve the CUP at all. But, then, you mentioned Site Plan B, so that left -- I was a little confused. Cavener: So, Mr. Mayor, if I could speak to that. Simison: Councilman Cavener. Cavener: And I -- staff will correct me, because I'm inevitably wrong. Because the development agreement modification adopts the site plan, there were two exhibits that were presented, one with two drive throughs, one proposed for one. What I believe is this gives the applicant the opportunity to continue to negotiate with development community, with the business community, that might make sense. It also gives the applicant an opportunity to respond to some of the feedback they have heard here tonight about circulation, pedestrian focus, development. When they come back at a later point in time for a development agreement, maybe for a drive through for a bank, maybe a drive through for something else, that preserves their opportunity to at least explore, that only -- that also lets the developer know that the Council is only interested in seeing a single drive through in that area and not the possibility of doing two. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Just for clarification purposes, even with Site Plan B there is a drive through on the southern part -- southern part of that parcel, which would require a CUP. Cavener: Mr. Mayor. That is correct. As I understand it it would still have to come back at a later point in time for a CUP. Whitlock: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I had a question for legal I think. So, if a DA modification was accepted, including Site Plan B, but the CUP was denied, does the applicant have the ability to come back for the CUP? That's what I'm kind of confused about. Nary: Mr. Mayor, Members of the Council, because I guess I'm a little confused, too. So, is the intent of the motion maker was to not allow any drive through at this point and only Site Plan B without a drive through, is that what I -- is that what I understand? Cavener: Mr. Mayor? Meridian City Council August 27,2024 Page 21 of 37 Simison: Councilman Cavener. Cavener: I appreciate the question. I don't mean to create confusion, but because they are -- are two separate actions, I felt it was important to take some of the feedback from the community and discussion tonight about we -- we likely don't want two drive throughs in that -- in that lot, so we are going to capture that tonight with the DA, while we are making the change to the ownership, but the other request before us to grant them a CUP for a drive through at all. I'm recommending we deny it at this point in time. So, we have two separate actions before us. One is the development agreement. One is a CUP. And rather than completely deny the site plan change that is included in the DA, I felt it was important to memorialize the Council's belief that a single drive through in that area is what makes sense. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I'm slow. If we don't approve the CUP I don't understand how the applicant can move ahead with the tenant that has been identified for Site Plan B, for example, with the drive through with Chase Bank. How are they to move ahead? Are you suggesting that we make the change in ownership, but they have to come back again to Council to get the permission that they need to put a drive through on the southern border? Because I would -- to me in my mind it would -- I understand not approving the drive through on the northern half of the development, but the southern half it seems like we have a tenant, I would be okay with that, but I just want to make sure I'm understanding. Cavener: Mr. Mayor, if I can respond. Simison: Councilman Cavener. Cavener: This is good -- good conversation. So, Council Member Taylor, to -- to your questions, I believe the applicant has heard, at least from some of us on Council tonight, about some concerns about connectivity, moving pedestrian, safety in that area and I really believe when they say they take that feedback to heart and they are going to take a look at it and I have got some suggestions and some things you would look at. I'm not comfortable tonight granting a CUP which would allow a drive through to be built at this particular time, because I think it would only exacerbate a problem. I don't believe it would impact Chase's ability to be built, just it would not be able to have a drive through ATM. The bank could still function, but just would be without a drive through ATM and so that's where the denial recommendation for the CUP is coming from. Mr. Mayor? Simison: Councilman Cavener. Meridian City Council August 27,2024 Page 22 of 37 Cavener: Trying to find a right path to not deny everything in the development agreement, except for the name change, but to provide some greater clarity about maybe where Council may or may not be. Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for Mr. Nary. How much time does an applicant have to wait to reapply for a conditional use permit after being denied? I -- I didn't think any, but I -- Nary: Mr. Mayor, Members of the Council, I think that still has the same waiting period, but I don't know. Linda might know better. I don't know on the CUP, if that has the same waiting period as other applications. I don't think it narrows it to just -- or just land use applications, but I don't recall. Ritter: As far as I know the wait time is one year. Nary: Yeah. Cavener: So, Mr. Mayor, I think maybe in light of that I certainly don't want to limit it to a year. Council, maybe at least let me take a minute to think on that. But, again, I don't know where everyone is on this particular one. That's what makes this work so enjoyable. I certainly would be supportive, though, of continuing the CUP to a number of months out to give the applicant the opportunity to respond to the feedback and, again, they are also -- it sounds like they are in conversations with other users, maybe they come back with a different request entirely. But I'm not supportive of granting a CUP for this particular project tonight and I would be open to any other motions if this great body has some other suggestions. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: A comment as we work our way through this. I have agreed with a lot of comments that have been made, especially the first comments that we read that were part of the packet from some of the neighbors that talked about the last thing they wanted to see was a bank. They wanted to see restaurants. But call it following -- for whatever reason Chase Bank over the years, as they have closed many branches across this country and, then, at the same time opened a lot of branches, they are very strategic on the locations they pick. They don't just pick them out of thin air. I think Chase Bank has picked this location, because they believe it's the right spot where they should be. It's not a restaurant. Council Member Strader made a great point, which fully support, which is I would only go with Site Plan B, but I would approve Site Plan B and the CUP so that the bank would be available to go forward, but we would be helping the applicant with the northern part of this site plan and not having a drive through, because I think two drive throughs, considering the history of what we have happening in this city right now with the unknowns of drive throughs, no matter if we Meridian City Council August 27,2024 Page 23 of 37 think it's going to be a pickup location, we have some drive throughs that have stacking issues with tons of cars, because we have no control over what's going to come in and utilize that drive through. We can always hope for it. With a bank I don't think we are going to have issues like we do with some hamburger joints, but we have no idea what would go in on the north side. So, I would certainly make the motion if needed, but I would move to approve Site Plan B and the CUP. If everybody else wants to comment. Simison: I think that's a motion officially if someone has a second. Taylor: Second. Simison: We do have a motion and a second. Is there discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for our legal staff. Can we tie a conditional use permit to a specific type of business use -- in this case banking? Nary: Mr. Mayor, Members of Council, no, I don't believe so. I guess the only issue right now -- you can tie it to this -- this application specifically, so it's for this building, this location and if I recall in looking at the application -- and Linda can correct me -- there is no window here. It's just a drive through machine. So, if you tie it to that, then, you couldn't, then, add a window and make it into a traditional drive through like a restaurant or a dry cleaner or something else. So, if you tied to that I think, then, you could tie it to this. But, normally, no, not the specific business. It's just type of use with this. Without a window, yes. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: If that was a motion I need to make sure that we agree on what an additional part would be, that we amend Condition 2.6 to include the language stating the ATM will be able to operate after 11 :00 p.m. Simison: Anything about the ownership? The first part? To include that as well? It's captured. Whitlock: Is that not in the motion? Simison: It was -- I didn't hear it specifically stated. But since Councilman Cavener specifically stated in his, I was going to see if it wanted to be specifically stated in this one. Meridian City Council August 27,2024 Page 24 of 37 Overton: I was not stating that in the motion. Simison: Okay. Strader: Mr. Mayor? Simison: So, it's not part of the motion at this point in time. Council Woman Strader. Strader: Just for discussion, brainstorming purposes, I am -- I'm open to this approach, I think including Site Plan B and the DA. I'm curious what Councilman Overton's thoughts would be about some type of a condition that the applicant use their best efforts to work with city staff regarding, you know, the flow throughout the other parts of the site or even just -- if I could just get a moral kind of agreement from the applicant that they would be interested to help improve circulation at the Albertson's site if they can, whether it's signage or some -- some changes like that, I -- I think that would be helpful. Head nod would be okay for me. I don't know if we want to -- because it's a little bit different than this particular approval, but I appreciate that, sir, because I think we do need to take a look at that, it sounds like it's an issue and you have been in business for a long time, so I trust your word that if you are head nodding like that, then, you are going to take a look at that, so -- that works for me. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I think in terms of clarification and, Councilman Overton, you might -- you can make sure we are agreeing on what the motion is, but my understanding was based on the document that we have here that the request as outlined here is to modify development agreement to include the new owner's information and a revised concept plan for the four commercial lots north of Mount -- East Mount Etna Drive. That's A. B, conditional use permit for square foot for the bank with the drive through for an automatic teller machine. So, my understanding with the motion to approve includes the change of ownership information, to modify the DA and to grant the CUP only for the property to the south to have a drive through and that's what was mentioned. That's the only thing that we are looking to do tonight. Simison: Along with Condition 2.6. Taylor: Right. With the bank hours. So, that's -- when I seconded the motion that was my understanding of what I was seconding, but if -- I want to make sure that that's -- Overton: You are a hundred percent correct. Taylor: Okay. Thank you. Meridian City Council August 27,2024 Page 25 of 37 Simison: All right. Other further comments on the motion? All right. Clerk will call the roll. Roll Call: Cavener, nay; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: Five ayes. One nay. The motion carries. Thank you. MOTION CARRIED: FIVE AYES. ONE NAY. 17. Public Hearing for McKay Farm Subdivision (TECC-2024-0001) by Sam Johnson, Scentsy, Inc., located at 5875 S. Eagle Rd. A. Request: for a second time extension for the preliminary plat of Mckay Farm Subdivision Simison: So, next item up is Item 17, which is a public hearing from McKay Farm Subdivision, TECC 2024-0001. We will open this public hearing with staff comments. Ritter: Good evening again. So, this application is for a time extension. This is for the property located at 5875 South Eagle Road. It consists of 9.59 acres of land that is zoned R-8. So, the preliminary plat consisting of 42 lots, nine common lots and approximately 11 percent qualified open space of land in the R-8 zoning district was approved by City Council on June 23, 2020. So, the request is for a two year time extension on the preliminary plat in order to obtain this city engineer's signature on the final plat. The previous time extension approval was set to expire on June 23 of 2024, but they got their time extension request in prior to that. So, again, they are requesting a two year time extension. The reason for -- again the reason for their previous time extension request was due to the adjacent subdivision not being constructed, which with -- which is a utility and vehicle access for this subdivision. New conditions were placed on the application at the time they did their first time extension. So, now the applicant is waiting for again the neighboring developer Boise Hunter Homes to bring the underground infrastructure through their property and to McKay Subdivision. The applicant also states the rule of bringing infrastructure to and through has not been upheld by the neighboring developer, nor the city -- City of Meridian in this scenario. So, the applicant also states that Boise Hunter Homes does intentionally not develop their final phase to keep them from developing their plat. The adjacent property being developed by Boise Hunter Homes has requested a two year time extension to obtain the city's signature for Sky Mesa Commons Subdivision No. 5, which is set to expire on February 25, 2025. So, since the preliminary plat approval an amendment to the common open space and site amenity standards in the UDC has changed. The provision for common open space increased from ten percent to 15 percent and requires compliance with the quality standards that are listed in the UDC. This provision for site amenities change from one required amenity to a point system based on the area of the development per the point values listed in the UDC table. A total of 10.9 -- 10.9 percent or 1 .15 acres of qualified open space as depicted on the preliminary plat Meridian City Council August 27,2024 Page 26 of 37 consisting of a large common lot with open space, a smaller common lot that holds the irrigation pump station, parkways along all proposed local streets and half of an arterial street buffer to South Eagle Road. Under the current standard a minimum of 1 .5 acres is required for the 10.5 acres in order to comply with the current open space standards. The applicant will be required to meet the current open space requirement if the time extension is provided. A total of one site amenity was proposed with the preliminary plat consisting of a picnic area with shade structures located in a large open grassy area for easy access by all residents in the development. The open grassy area proposed with the development is not large enough by UDC standards to count as qualified open space and site amenity, but staff finds that it will still be used as if it was due in a minute -- excuse me -- as if it was an amenity due to its location and its relative size to the site of the proposed project. The current standards required one point of site amenities for each five acres per the approved development agreement. The applicant was required to provide an additional site amenity per the UCD standards. Add one more open space to the development might result in losing some of the originally planned lots. The applicant needs to update the final plat to comply with the DA stipulations. As follows: The DA limits the number of lots that can be accessed via a single common drive to two lots. There are currently four common driveways each serving more than two lots. This set -- this setup does not meet the DA requirements. To comply with the DA the applicant will need to either redesign the layout to ensure that no more than two lots are served by each common driveway or potentially lose additional lots to meet this requirement. So, based on these approvals, the subject time extension will allow the applicant to obtain the city engineer's signature on the final plat and proceed with development of the property. If the city does not approve the requested time extension, the preliminary plat will expire and a new preliminary plat application will be required. So, at this time staff will take questions on -- any questions that you may have at this time on this application. Simison: Thank you, Linda. Council, any questions for staff? Would the applicant like to come forward? S.Johnson: Hello, Mr. Mayor and Council. My name is Sam Johnson. My address is 2701 East Pine Avenue in Meridian, Idaho. 83642. 1 am a small developer here in town. Born and raised here and have development in my blood from my parents' forty plus years of developing in west -- in west Boise and we just -- I just recently finished a project called Fairbourne out on Black Cat and Chinden that I think was -- is one of the great communities in -- in -- in Meridian. But I am here with a plea for a second time extension because of someone else's actions. If it was up to me this property would have already been developed long ago. Basically I'm being stonewalled. I cannot -- this -- this plat, when it was originally designed and gone through the process with the city and ACHD, no access onto Eagle Road, except for an emergency access was agreed upon, so -- and there is only -- there was in the original application 42 homes. A lot of the -- the conditions in the development agreement we have -- we agreed to. The development agreement's been signed years ago. We have reduced the number of lots to 38, addressing some of the -- the two lots per common driveway concern and requirement. We also agreed to in the development agreement that we would add an Meridian City Council August 27,2024 Page 27 of 37 additional amenity. It just was undetermined what that would be. So, we stand by the development agreement, but we are here waiting for utilities. So, when -- when McKay Farm plat was approved in 2020 we shortly thereafter approached Boise Hunter Homes and asked, hey, what if we joined your neighborhood HOA. We could contribute our portion to your amenities. We had a -- we have a large well on the property that could be used for backup for the pressurized irrigation system and they were not interested, to say it mildly. They were also demanding that we pay half of the road infrastructure cost to get to our entrance and we think -- we all know that that's not the way it works, but thus we never came to an agreement. But they also stated when -- in several discussions early on several years ago that they were going to do their development and what -- let their last phase be our entrance and get -- and that's when we would have access to the utilities and our entrance and they have held up to that statement, but their -- I'm going to show here -- you can see where our site -- our subject property is there along Eagle Road. In the early -- like 2017 time frame Sky Mesa started developing over in that red area and, then, over time started adding different phases to their -- through their project. About this time it was approved and, then, they continued to build out their -- their project. If we go back one. So, this property to the south; right? That's just in red there. That was an additional -- an add-on called Sky Mesa Highlands and as you can see -- hopefully you can see there was two access points going into that project or two stub streets that came from the north going down. If I can -- I don't know if the mouse will work here, but one here is a stub street and one over here. They were allowed to -- in the process of building it out and doing their final plats, this red area is one final plat and they were allowed to have 70 homes accessed off of this -- in this one entrance and one access point with an emergency access out to Eagle Road. I think that my problem may have been avoided with the city's help, with them being required -- if they were required at the time to have both stub streets accessed in -- to access that property, there was really no -- no need to have an emergency access onto Eagle Road. Once that emergency access was allowed, then, they found a loophole, unfortunately, and, again, this is all childish. I get it. I'm -- but I'm the -- I'm the one who is being punished. Once they -- once they -- they have developed their entire project out and so there is now over 500 houses that they have built over the last eight or nine years and that little yellow area it's about ten to -- or 13 -- 13 lots and they -- their last plat that they recorded on all of this was in 2021 . So, three years ago. Even the construction drawings for that spot were -- were approved and never -- but never constructed back in 2021. So, it's been three years of just nothing -- nothing moving forward. I have made multiple -- dozens and dozens of attempts to contact them and just to have a conversation, but nothing has made it through. I know that this is a sob story that you don't really want to hear, but I actually do want you to hear it, because this is happening in your community. A neighboring property owner has been allowed to create a spite strip. Hopefully -- if you are not -- if you are not aware of the term spite strip, it's in spite of one property owner not allowing another property owner to get to the public infrastructure that's -- that should be available to them. The principle in development that I have grown up with and had throughout this valley is you -- as a developer you bring the infrastructure to and through your project. It's been three years since the neighbor has recorded a plat and they have no intention as of right now -- no indication that they are planning to develop this last phase, which is their phase five, which is my Meridian City Council August 27,2024 Page 28 of 37 only access to infrastructure. We have -- I have explored options to bring it in from Eagle. Most -- most everybody was amenable to making that work, except for sewer. Sewer needs a certain flow and gravity and slope and we just can't make it work according to the city engineers. So, I'm here requesting a second -- a second extension to my preliminary plat. I'm also -- on the three conditions that are stated in the -- in the staff report, I'm respectfully requesting that number one, the requirement to take my plat from a ten percent open space to 15 percent open space, I'm requesting that that be eliminated. I understand the reasoning, but I'm just kind of stuck and I would rather not be kicked in the teeth anymore. Not that five percent open space isn't a bad thing. That's just my request. So, I'm -- I'm asking for -- that is the only change in the staff report that I am requesting and urging the City Council and staff to work -- I'm happy to work with anybody, but to help eliminate this childish behavior that is affecting a simple -- a simple developer like me. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Johnson, I appreciate your commentary and I don't know if you have been before our Council before and -- we really frown on name calling. We are neighbors here and we really expect neighborly decorum amongst everyone, particularly those that aren't here. So, I understand your frustrations, but -- Johnson: I apologize. Cavener: Okay. Just ask you to just be a little bit more neighborly. You are part of this community. We are part of this community. The other developer is part of this community. We are all neighbors. Okay? Johnson: Sure. I appreciate that and I apologize. This is the reason I'm asking for a second time extension. My hunch is that the process -- knowing the process I will be here again in two years waiting -- asking for another one, because I have to wait for them to develop theirs before I can develop mine. Construction drawings take about nine months to get approved and they have to go back through the process to get theirs approved. So, I know that at least the next year I'm going to be waiting if -- even if they were starting now. So, it's an unfortunate situation. It could have been avoided, but I don't have any other choice but to request the time extension. I stand for questions. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm just chewing on this. Thank you, Mr. Johnson. It's Mr. Johnson; right? Meridian City Council August 27,2024 Page 29 of 37 Johnson: Yes. Strader: Okay. One of the most stunning comments, frankly, that I have -- I have read in a -- in a staff report, I just want to understand from your perspective has the City of Meridian not met its own standards or the law? Because I don't want to get into the middle of a fight between you and another developer, but from your perspective is there something that the City of Meridian specifically has done that has fallen short of our own standards or the law in some way? Help me understand that aspect. S.Johnson: I don't -- Council Woman Strader, I don't believe that the city has done anything wrong per law. I don't think that the neighboring developer is doing anything wrong per the law. It's -- it's the allowance of a loophole to -- for no real apparent reason keep someone -- bring the infrastructure through your project -- finish your project and bring it to the neighboring property. So, I -- to reiterate, I don't believe any law has been broken. I believe that there is -- the staff and city usually do a great job of maintain -- of looking at problem plats or designs that would maybe create a -- a spite strip or a place that -- of a land that somebody would develop, but, then, the next neighbor -- the neighbor can't get to it, because he owns it. He doesn't give permission. That's what's happening here with an entire phase. So, it's just a loophole and I'm stuck. Strader: Yeah. So, I'm going to have some questions for our staff and our legal department I think a little bit around the infrastructure questions. That helps me understand your perspective. Certainly in this case, if what you are showing us is correct, it does appear that there is like one final phase that is extremely small in the neighboring development to you relative to the other phases and that the economic incentives have created a bad situation. But, again, I -- I think it's important for us to try not -- if we don't -- we probably don't want to I think get in the middle of an argument between you and your neighbor, but I think this is important that we take a look at how we do these. So, I'm going to -- I'm going to think about this and I think I'm going to have some more questions for staff and legal. S.Johnson: If I may. Council -- Mayor and Council, I'm -- we are here for a time extension application. Very simple. I think it's a no brainer. I'm bringing up a lot of other bigger problems or bigger issues that have caused this for future discussion with staff, with Council, with other applications. It's not -- not that there is going to be answers tonight. I'm not expecting that. Strader: Mr. -- Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I appreciate that. I think narrowing that focus here in this meeting is a really good strategy on your part to try to get the ball moved forward in some way and I agree, I don't think that issue will be solved tonight unfortunately. Thanks. Meridian City Council August 27,2024 Page 30 of 37 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Johnson, thanks. I hope you know I sympathize with what I think is what very much appears to be a very challenging situation for you and clearly very very frustrating. But, again, kind of to your point, the focus here is time extension and I want you all -- I'm obviously very supportive of your request. It's interesting that we had -- this -- this week we had another time extension before us last week that was on top of another time extension and that poor applicant heard me wax poetic about I don't like time extensions. I think it's unfair to the community. It's unfair to the Council. And, you know, had I not known the history before I had planned to ask you -- you know, what your plan was so that we didn't see you again for a time extension and I recognize that some of that is you continue to work with your neighbor. Being upfront I likely would probably not support another time extension before it comes to us, despite the -- the interpersonal challenges that you have with your neighbor. That's not necessarily a role for the city to play in. I know you were frustrated, but you -- the comment about not wanting to adhere to staff's recommendation to meet our standards now for open space -- I know you used the term kick in the teeth. I just -- help me understand, aside from the feeling about it, what undue hardship this request would -- would bring you. S.Johnson: Sure. Excuse me. I don't know if you -- Linda, can you bring up the preliminary plat or the green space exhibit that's in the packet? If not that's fine. That's fine. That's okay. I'm okay with -- if I need to comply with the 15 percent open space. It is -- it's -- so be it. That's great. Let's -- let's do it. I am okay with larger open space. There is a -- on the very south end of the property there is an overhead power line that goes through my property and it provides power for the irrigation station for Black -- I guess Black Rock or the community that's been there for 15, 20 years up a little bit on the hill above -- above Sky Mesa. The hope is that that power -- overhead power line goes away when the -- when the Sky Mesa's final plat gets actually built out and power gets put to that. So, then, that overhead power line goes away and right now it's in an open space and I would love to add that back to people's backyards. So, that's one reason I would like to try to keep it the ten percent. It's -- it's what we all agreed to. I know -- I know you have the right to change it now and if you so choose I will live with it. Simison: Council, any additional questions? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just one question, Sam. In -- sounds like you have been holding onto this property for a while, kind of waiting to do anything. Have you had other interested parties who wanted to buy this development from you? Meridian City Council August 27,2024 Page 31 of 37 S.Johnson: Absolutely. Excuse me. Mayor and Councilman Taylor, several years ago we put it up on the market to sell and we probably had 15 interested parties, but, then, they all backed out knowing that -- the difficulty that -- that this plat has with the connectivity and -- and so -- and I have a few that are on the waiting list, but we are not sure if we want to sell it. Our normal thing is to develop it into lots and sell the lots to smaller builders, who don't have the big communities to work in. But, yes, we have had multiple opportunities to sell -- or interested parties, but they backed away when they see the challenge that we have. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Not a question as much as a comment. To me it seems like a no brainer for an extension. I would -- for another day, not tonight -- I would be curious to know from legal and staff what -- if this is something we have encountered or what remedies are available to us or if this is just something that two interested parties have to work out on their own. I don't know. I would be really interested to know that. This is the first time I have been -- have faced with a situation like that that I'm aware of and it seems wrong, but there is always two sides of the story. So, I would just be interested to kind of know what -- you know, what options are available, if any. But I think it's reasonable to move ahead with the time extension to allow you to kind of work out what you need to with -- with them if you can. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think Councilman Taylor is on the right track totally. That's where my head's at. I feel like the time extension makes a lot of sense. I would love to have a follow up from staff to understand is there a best practice that the city didn't follow or is there any -- anything that's kind of -- and you -- I don't want you to necessarily answer that right now, Linda. I think that's for a future meeting topic. Just understand just from a general perspective, you know, what infrastructure do we expect to be carried through developments and to what point do we expect it to be carried through all phases of a development? I would imagine with something like sewer infrastructure that we do require part of that, but help -- yeah. That would be my future I think discussion that I think we should have is -- not necessarily -- Simison- He is right there. The guy out there. He is the one you want. Kyle. He is the one you want to direct those to, not necessarily Linda. Strader: Fair enough. Yeah. So, I think -- I think we need to have a discussion about infrastructure and timing and sequencing and understand if there are some -- if there are some best practices that we need to implement, if there is something we should consider or maybe not. Maybe it could be that, again, there are two sides to the every Meridian City Council August 27,2024 Page 32 of 37 story. Maybe there is a side that we are not understanding and certainly they will be asking for a time extension in spring of 2025 and I'm sure that they will be asked some questions, at least by me. So, yeah, I think that's the way to go with it. I normally am a pretty big proponent of meeting our current standards with time extensions. I think that's important from a consistency standpoint, so that developers have that expectation that if standards change we do typically expect them to meet them. I'm not hearing from you that it creates a huge economic issue necessarily in your development to do so. You have already agreed to the other two -- the other conditions. So, yeah, I'm amenable to it. I have sympathy from -- for you for where you are coming from here. It sounds like an extremely frustrating situation. I just -- I think it's important to sort of stick to how the city interacts with you and whether the city has done something -- or maybe if the city should just improve in some way. So, we will work on that piece I think. Thank you. Simison: Council, any additional questions for the applicant? Okay. All right. Mr. Clerk, did we have anybody sign up to provide testimony on this item? Johnson: Mr. Mayor, the Pinters are here, but they didn't mark they wanted to speak. Maybe they do. Simison: Good evening. State your name and address for the record, please. Pinter: Brian Pinter. 2505 East Lodge Trail Drive in Meridian. 83642. 1 would just like to request that the Council not grant an extension that would hold -- that would not hold the developer to the, then, current standards with regards to open space requirements or any other standards. Mr. Johnson mentioned that the other developer might not allow him to move forward for perhaps even several more years, thereby even pushing the further -- standards out further. That would be my concern. Thank you. Simison: Thank you. Council, any questions? Is there anybody else who would like to come forward and provide testimony at this time? We don't have anybody online, except for staff, so I assume that -- one of them's here and online at the same time. don't know how you are pulling that off, Kyle, but you are doing a good job. Then would the applicant like to come forward for any final comments? S.Johnson: Mayor and Council, I appreciate your time. I apologize for my remarks. apologize for my cotton mouth. I don't know what -- I must have sucked up some dirt before I got up here. It just went dry. But I appreciate all your time and consideration and I'm more than happy to work with staff and even with the Council on more specifics of what this challenge has been and potential remedies that would help this not happen -- at least this situation. Sure there might be others, but -- I appreciate your time and stand for questions. Simison: Any questions? Thank you. Taylor: Mr. Mayor? Meridian City Council August 27,2024 Page 33 of 37 Simison: Councilman Taylor. Taylor: I make a motion that we close the public hearing on Item 17. Cavener: Second. Simison: Motion and second to close the public hearing on TECC 2024-0001. 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. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: It seems like the Council is probably ready to move. I would be prepared to make a motion and I would agree with the comments that Council Woman Strader made at the end. I think approving the extension makes sense, but also requiring the updated standards for consistency for expectations for others who want to work with the city of 15 percent open space. I guess I would like to know -- do I need to specify that in the motion for the 15 percent or I can just make the motion to approve the file number? Okay. Mr. Mayor, I make a motion that we approve File No. TECC 2024-0001. Overton: Second. Simison: Have a motion and a second to approve Item 17, TECC 2024-0001. Is there any discussion? If not, Clerk 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. MOTION CARRIED: ALL AYES. Ritter: Mr. Mayor? Simison: Yes, Linda. Ritter: Council Woman Strader, I would just like to say that the planning staff has been reaching out to the adjacent developer trying to help resolve this issue. Staff can only do so much if no one is responding, but as you can see from the slide in front of you utilities are available. So, I think based on all the pre-construction meetings that I have attended, that utilities have to go to and through the adjacent property and I think that looks like all the utilities are there. So, again, I'm not sure about the roadway, because Meridian City Council August 27,2024 Page 34 of 37 without them having their final plat approved or submitted they cannot get construction permits, so -- and they did ask for a time extension. So, there is some things that are still happening there. RESOLUTIONS [Action Item] 18. Resolution No. 24-2468: A Resolution of the City Council of the City of Meridian Certifying the Levy of $504,546 of Forgone Property Taxes in Fiscal Year 2025 for the Specific Purpose of Funding Firefighter Personnel Expenses and Providing an Effective Date Simison: Thank you, Linda. So, with that we will move on to Item 18, which is Resolution No. 24-2468. Ask the clerk to read this resolution by title. Johnson: Thank you, Mr. Mayor. It's a Resolution of the City Council of the City of Meridian certifying the levy of $504546 of foregone property tax in the Fiscal Year 2025 for the specific purpose of funding firefighter personnel expenses and providing an effective date. Simison: Thank you. Council, you have heard this resolution read. Would anybody like it read in its entirety? If not, do I have a motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we approve Resolution 24-2468. For the City of Meridian to certify the levy of $504546 of foregone property taxes in fiscal year 2025. Whitlock: Second. Simison: Have a motion and a second to approve Resolution No. 24-2468. Is there discussion? If not, Clerk call the roll. Roll Call: Cavener, nay; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: Four ayes. Two nays and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 19. Ordinance No. 24-2059: An Ordinance of the City of Meridian, Idaho amending Ordinance No. 23-2035, the appropriation ordinance for the fiscal year beginning October 1, 2023 and ending September 30, Meridian City Council August 27,2024 Page 35 of 37 2024 (FY2024), by increasing total appropriations from $233,617,299 to $241,358,900, increasing total revenue from $153,722,889 to $173,614,188, and decreasing the use of fund balance from $79,894,410 to $67,744,712; and providing an effective date. Simison: Item 19 is Ordinance No. 24-2059. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. An Ordinance of the City of Meridian, Idaho amending Ordinance No. 23-2035, the appropriation ordinance for the fiscal year beginning October 1, 2023 and ending September 30, 2024 (FY2024), by increasing total appropriations from $233,617,299 to $241,358,900, increasing total revenue from $153,722,889 to $173,614,188, and decreasing the use of fund balance from $79,894,410 to $67,744,712; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody who would like it read its entirety? If not, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve Ordinance No. 24-2059 as presented. Strader: Second. Simison: Have a motion and a second to approve Ordinance 24-2059. Is there any discussion? If not, Clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes and the ordinance is agreed to. MOTION CARRIED: ALLAYES. 20. Ordinance No. 24-2060: An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $255,511,778 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts specified for the fiscal year beginning October 1, 2024 and ending on September 30, 2025; to levy all such appropriate taxes and levies as authorized by law upon taxable property; to collect all authorized revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date. Meridian City Council August 27,2024 Page 36 of 37 Simison: Next item up is Ordinance No. 24-2060. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $255,511 ,778 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts specified for the fiscal year beginning October 1, 2024 and ending on September 30, 2025; to levy all such appropriate taxes and levies as authorized by law upon taxable property; to collect all authorized revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do we have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Ordinance No. 24-2060 as presented. Strader: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2060. Is there any discussion? If not, Clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, nay; Whitlock, yea. Simison: Five ayes, one nay, and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE NAY. Simison: Councilman Taylor. Taylor: Mr. Mayor, in my enthusiasm on Item No. 19 1 voted incorrectly and inconsistent with my vote previously for the amended budget for 2024. 1 had voted for that previously and so if I may change my vote to an aye on Item 19 1 would appreciate that. Simison: Without objection from the body. So ordered. So, that vote will be recorded as six zero. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Meridian City Council August 27,2024 Page 37 of 37 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 10 2024 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 13, 2024 City Council Regular Meeting 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: Elevate Storage Sanitary Sewer Easement (ESMT-2024-0021) i ADA COUNTY RECORDER Trent Tripple 2024-047716 BOISE IDAHO Pgs=6 VICTORIA BAILEY 08/28/2024 08:07 AM I; Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Elevate Franklin Sanitary Sewer Easement Number: 9 Identify this Easement by sequential number if the project contains more than one easement of this type.See instrucVonslchecklisl for additional information. For Internal Use Only Record Number: i i I SANITARY SEWER EASEMENT THIS Easement Agreement made this 27th day of August 2024, between Elevate Self Storage Franklin LLCa("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer 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; i NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and I 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 over and across the following described property: (SEE ATTACHED EXHIBITS A and B) I The easement hereby granted is for the purpose of construction and operation of sanitary sewer and allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED. by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However. Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. k 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. i Sanitary Sewer Easement Page 1 Version 0 1/0 1/2024 i THE GRANTOR covenants and agrees with the Grantee that should any part ofthe 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 ofall persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be bindinguponGrantor's successors,assigns,heirs, personal representatives,purchasers, or transferees of anykind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Elevate Self Storage Franklin LLC STATE OF IDAHO) ) SS County of Ada ) q y This record was acknowledged before me on �A (date)by (name of individual), [complete the following if signing in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of Elevate Self Storage Franklin LLC (name of entity on behalf of whom record was executed),in the following representative capacity: Manager (type ofauthority such as officer or trustee) Notary Stamp Below ,•••'�4k, aO��c��s �1�✓�M jyOTgR3, No Signature �.. _ LR pU C 3 y xp 1 M Commission E fires: ) , OF 1V��r`•• total 'So r I. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-27-2024 Attest by Chris Johnson, City Clerk 8-27-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-27-2024 (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 Easement Page 3 Version 01/01/2024 EXHIBIT A City of Meridian Sanitary Sewer Easement Description for Lot 1, Block 1 of Umbria Subdivision The following Describes a Strip of Land for the Purpose of a Sanitary Sewer Easement being a Portion of Lot 1, Block 1 of Umbria Subdivision as filed in Book 101 of Plats at Pages 13200 through 13204, Records of Ada County, Idaho, lying in a portion of South 1/2 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast Corner of Section 10, Township 3 North, Range 1 West, Boise Meridian; From which, the South 114 Corner of said Section 10 bears, North 89°36'09" West, 2640.84 feet; Thence along the Southerly Boundary Line of the Southeast 1/4 of said Section 10, North 89°36'09" West, 1558.90 feet to the Intersection point of North Umbria Hills Avenue; Thence leaving said Southerly Boundary Line, and along the Centerline of North Umbria Hills Avenue, North 00012'22" East, 464.86 feet to the Intersection Point of West Perugia Street; Thence leaving said Centerline; South 53015'51" West, 72.95 feet to the POINT OF BEGINNING: Thence, South 01°12'25" West, 24,50 feet; Thence, North 88047'35" West, 7.13 feet; Thence, North 01012'25" East, 24.50 feet; i Thence, South 88°47'35" East, 7.13 feet to the POINT OF BEGINNING: The above Described Strip of Land contains 175 Sq. Ft, more or less. I Mv�6 at 1; 23/2$ .Pa DIM ual .N o 1 ; r ........____.._. ..._ Zn Z G o o Z" °� i^ i- - 5° y duo W C Kq yON by I L O LO x N Ill II C Off �P N I O N o r Il.l •` O U l V O rn (n N N. .... ...____ ___.,,98'b9b. 3„ZZ.Z6LON 'On S I IJ Lu O-- am V ILH R 9 fl 'N o 0 2 ° N ASS I o m w m d -� u N 3 I J N N r n ,LZ ,LZ I m I w T ` E;o n 3 3 w O C N M N M1 1 00 U L.L n Y N < I I C:) O' M I o tl o, C m ao m O /I u IDI m J N co 3 ;j ZCO _ d O _c pp J 0 O.A r F / 0 c Oi m U 00 Z Y J J ,LZ ,LZ I o } / OLU � z > 0 00 c�n �" � oI ° E „ w W m a Y o 0 0 'o x U m w M Z w i= U vl , � I � I i 00 I I o I I i I m o m 9 OO d I I In = I V o /A W bl ' o i sea°ar35•e 7.13 I i F u � ry N N to N � Ne O C I ( L nn e 8251 7.13 n 6 47'5"w "top ,0 CITY OF MERIDIAN SANITARY SEWER EASEMENT 1/22/2024 Scale: 1 inch= 3 feet File: Sanitary sewer Easement.ndp Tract is 0.0040 Acres(175 Sq. Feet),Closure:n00.0000e 0.00 fl.(V(999999),Perimeler=63 ft. 01 sO1,1225w 24,5 02 n88.4735w 7.13 03 n01.1225e 24.5 04 s88.4735e 7.13 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Modern Craftsman Franklin Sanitary Water and Sewer Main Easement 2 (ESMT-2024-0111) ADA COUNTY RECORDER Trent Tripple 2024-047717 BOISE IDAHO Pgs=13 VICTORIA BAILEY 08/28/2024 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Modern Craftsman Franklin Sanitary Sewer&water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0021 Record Number: IS Easement Agreement e this 27th day of August 20 24 between BPS Franklin Road LLC ("Grantor")and the City ofMeridian, 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 e sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WTIEREAS, 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 goad 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 EXHEBITS 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 ST O AGREED, y and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 01/01/2024 I THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BPS Franklin Road, LLC By: JRMR Baron Manager LLC Name: J. Jeffrey Riggs Title: Manage Co[or STATE OF MAUQ ) �./ ) ss County oL44a ) This record was acknowledged before me on .64 i6r>D-'� (date) by J.Jeffrey Riggs (name of individual), [complete the fol owing ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of JRMR Baron Manager LLC as Manager of BP s Franklin Road LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) Notary Stamp Below MMELISSA JOY Notary Signjte �soAiev PtJaLlc My Commission Expires: STATE OF COLORADO ,STATE ID 2019�1031189 MY COMMISSION EXPIRES AUGUST 15,2027 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 I GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 8-27-2024 Attest by Chris Johnson, City Clerk 8-27-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-27-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 Exhibit A Water and Sewer Easements Colorado Ridge Subdivision August 16, 2024 A portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise-Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Section 10 from which the South 1/4 corner of said Section 10 bears South 89015'34" East, 2,640.54 feet; thence on the south line of said Section 10, South 89°15'34" East, 716.06 feet; thence leaving said south line, North 00036'35" East, 35.88 feet to the POINT OF BEGINNING; thence continuing North 00036'35" East, 148.69 feet; thence North 33001'13"West, 25.28 feet; thence North 00036'35" East, 58.68 feet; thence South 44016'13" East, 50.83 feet; thence North 79028'47" East, 30.08 feet; thence South 10031'13" East, 17.63 feet; thence North 79028'47" East, 65.61 feet; thence South 89015'34" East, 78.11 feet; thence North 00035'14" East, 47.56 feet; thence North 89024'46"West, 14.50 feet; thence North 00035'14" East, 20.00 feet; thence South 89024'46" East, 14.50 feet; thence North 00035'14" East, 114.38 feet; thence South 89024'46" East, 65.75 feet; thence North 00035'14" East, 34.20 feet; ONPL L ANC ��� F SG thence South 89024'46" East, 20.00 feet; \rENS ---- . thence South 00035'14" West, 41.77 feet; 11779 thence South 78009'46" East, 21.40 feet; N� b/z°z y �� 0F �QPp� thence South 89024'46" East, 138.84 feet; yM M cC PM� Page 1 of 7 thence North 00036'35" East, 143.49 feet; thence North 89024'46" West, 10.00 feet; thence North 00036'35" East, 20.00 feet; thence South 89024'46" East, 10.00 feet; thence North 00036'35" East, 37.35 feet; thence North 05036'35" East, 128.59 feet; thence North 84"23'25" West, 51.62 feet; thence South 72008'54" West, 146.21 feet; thence North 89024'46" West, 71.78 feet; thence North 00035'14" East, 20.00 feet; thence South 89024'46" East, 12.00 feet; thence North 00035'14" East, 237.83 feet; thence North 50008'54" East, 16.80 feet; thence North 72008'54" East, 60.69 feet; thence North 17°51'06" West, 12.50 feet; thence North 72008'54" East, 20.00 feet; thence South 17051'06" East, 12.50 feet; thence North 72'08'54" East, 61.35 feet; thence North 40036'35" East, 34.31 feet; thence North 49023'25" West, 25.50 feet; thence North 35°01'37" West, 13.61 feet; thence North 54058'23" East, 38.00 feet; NIP LAND N AGE N gF `sG _ thence South 35001'37" East, 20.78 feet; thence North 40036'35" East, 21.55 feet; 1177 9 �, U'A 9(0/rOL 0 thence South 49023'25" East, 20.00 feet; 0 TF OF \0 O� YM MCCN Page 2 of 7 thence South 40036'35" West, 25.58 feet; thence South 49023'25" East, 73.01 feet; thence South 26°53'25" East, 16.99 feet; thence North 63006'35" East, 21.20 feet; thence South 26053'25" East, 20.00 feet; thence South 63006'35" West, 21.20 feet; thence South 26053'25" East, 23.47 feet; thence South 15038'25" East, 7.77 feet; thence South 00036'35" West, 36.82 feet; thence South 89023'25" East, 18.94 feet; thence South 00036'35" West, 20.00 feet; thence North 89023'25"West, 18.94 feet; thence South 00036'35" West, 53.12 feet; thence South 05038'25" East, 55.09 feet; thence South 05036'35" West, 46.51 feet; thence South 84023'25" East, 14.00 feet; thence South 05036'35" West, 20.00 feet; thence North 84023'25" West, 14.00 feet; thence South 05036'35" West, 98.13 feet; thence South 84023'25" East, 17.50 feet; thence South 07016'36" East, 27.58 feet; thence North 84023'25" West, 23.65 feet; SPL LA�Os thence South 05036'35" West, 38.37 feet; E 5 Nsg� thence South 00036'35" West, 114.89 feet; a 1 779 thence South 89023'25" East, 10.44 feet; `p�$ �`l7071, -r- n�p 9TF o Y4f Mc PM� Page 3 of 7 thence South 00036'35" West, 20.00 feet; thence North 89023'25" West, 10.44 feet; thence South 00036'35" West, 56.27 feet; thence South 21°53'25" East, 43.61 feet; thence South 89023'25" East, 13.84 feet; thence South 00036'35" West, 20.00 feet; thence North 89023'25" West, 19.04 feet; thence South 23006'35" West, 19.58 feet; thence South 00036'35" West, 43.60 feet; thence South 89015'34" East, 76.07 feet; thence South 00044'26" West, 30.91 feet; thence North 89015'34"West, 110.76 feet; thence South 00044'26" West, 11.59 feet; thence North 89015'34" West, 23.00 feet; thence North 00044'26" East, 11.59 feet; thence North 89015'34" West, 303.00 feet; thence South 79028'47" West, 78.51 feet; thence South 00036'35" West, 37.55 feet; thence South 89023'25" East, 18.00 feet; thence South 00036'35" West, 23.00 feet; thence North 89023'25"West, 18.00 feet; thence South 00036'35" West, 77.68 feet; `��ON G �D`r< thence South 87053'29" East, 60.38 feet; ENS 1 779 0 TF OF YM M cC PN`� Page 4 of 7 thence South 00036'48" West, 7.85 feet to the north right-of-way line of W. Franklin Road; thence on said north right-of-way line, North 89'15'34" West, 100.36 feet to the POINT OF BEGINNING. LESS AND EXCEPTING A portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise-Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Section 10 from which the South 1/4 corner of said Section 10 bears South 89'15'34" East, 2,640.54 feet; thence on the south line of said Section 10, South 89015'34" East, 716.06 feet; thence leaving said south line, North 00036'35" East, 35.88 feet; thence North 67046'18" East, 496.74 feet to the POINT OF BEGINNING; thence North 89015'34"West, 82.40 feet; thence North 00044'26" East, 14.78 feet; thence North 89015'34" West, 22.34 feet; thence South 00044'26" West, 14.78 feet; thence North 89015'34"West, 124.77 feet; thence North 00035'14" East, 132.09 feet; thence South 89024'46" East, 7.09 feet; thence North 19035'49" East, 20.03 feet; thence South 78009'46" East, 60.23 feet; thence South 89024'46" East, 152.89 feet; thence South 00036'35" West, 22.03 feet; thence South 21°53'25" East, 36.58 feet,- thence South 00036'35" West, 12.48 feet; thence South 23006'35" West, 26.13 feet; S \1cENstOs - thence South 00036'35" West, 47.44 feet to the 11779 POINT OF BEGINNING. 8� ALSO LESS AND EXCEPTING �p F OF yM MCCN Page 5 of 7 A portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise-Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Section 10 from which the South 1/4 corner of said Section 10 bears South 89°15'34" East, 2,640.54 feet; thence on the south line of said Section 10, South 89015'34" East, 716.06 feet; thence leaving said south line, North 00036'35" East, 35.88 feet; thence North 32023'35" East, 851.96 feet to the POINT OF BEGINNING; thence North 84023'25" West, 50.06 feet; thence South 72°08'54" West, 147.62 feet; thence North 89024'46" West, 35.75 feet; thence North 00035'14" East, 21.00 feet; thence South 89024'46" East, 12.99 feet; thence North 00035'14" East, 20.00 feet; thence North 89024'46" West, 12.99 feet; thence North 00035'14" East, 83.57 feet; thence South 89024'46" East, 12.99 feet; thence North 00°35'14" East, 20.00 feet; thence North 89024'46" West, 12.99 feet; thence North 00°35'14" East, 38.19 feet; thence North 72008'54" East, 14.42 feet; thence North 17'51'06" West, 21.86 feet; thence North 50008'54" East, 7.35 feet; thence North 72°08'54" East, 41.10 feet; thence North 83023'54" East, 7.69 feet; �N ki- L ANO thence North 72°08'54" East, 100.06 feet; 5� ENS thence `sG thence North 40036'35" East, 36.55 feet; a 11779 thence South 49023'25" East, 42.71 feet; N �/ZoZy�o cop 9TF OF thence South 26053'25" East, 42.76 feet; YM M CON, Page 6 of 7 thence South 00036'35" West, 131.85 feet; thence South 05036'35" West, 47.03 feet to the POINT OF BEGINNING. Containing 2.080 acres, more or less. End of Description. PL LANDS 11779 N�B�c/�z�z° 00�9 F OF \OP Q) YM MCCN Page 7 of 7 Sheet 2 �� L21 L57 00^. L20 o L59 a(v, J .^�• L18 o, � r000 It to M •L15 � o N - co z L61 L13 J J L17 138.84' S89'24'46"E -� w � L63 00 ao L9 J M 0 S89'24'46"E o L88 152.89' L91 r z w <10 N L66 L12 M L93 o M N � cJp J oo PO P v Point of L68 5 Li (3) z Beginning w) O L69 A L6 J 124.77' t-, L86 Lo rn r� PO L5 L3 L8 N89'15'34"W � ro L84 J J L71 N r` fir' �7g N89'15'34"W 303.00' N89'15'34"W J L75 L74 L73 110.76' J W O) �•Qr ? to L78 J A96' m �� N � •6�g'E a 00 L80 6 o 00 z J n Point of Beginning L82 L83 —a N 89'15'34"W S.9 S.10 716.06' -'" 100.36' 1924.48' 1�• f1 - - - _ - - - _ _ 5.10 S.16 S.iS' W. Franklin Rd. • S.15 "'•...••••• S89'15'34"E 2640.54'" Basis of Bearings AL LAND `GE NS� N * See Sheet 3 cc11779 O � Scale: 1"=100' for Line Tables Nag 0 0 25 50 100 200 YM M cc AN`� P:\Colorado Ridge(4490 Franklin) 22-045\dwg\COM Sewer—H20 Ex2.dwg B/16/2024 12:36:13 PM IDAHO Exhibit B 22b045 9955 W.EMERALD ST. Water and Sewer Easements Sheet 5 SURVEY BOISE,IDAHO 83704 o. (208)846-8570 Colorado Ridge Subdivision 1 of 3 GROUP, LLC A portion of the SW1/4 of the SW1/4 of Section 10, Dwg. Date T.M., RAW., B.M., City of Meridian, Ada County, Idaho. 8/16/2024 L36 L37 W. Aviator St. L34 3 L41 L30 �,�� C�� L42 L28 L29 ON CO �21 L111 ,� � < 0a 5� >> <� L44 L46 L109 L108 _j L48 co L107 3 °' � o L105 00 M r- qd- `O L50 to N O r) to J O J L103 N N in O Un M Point of L N o L101 Beginning �, z 62 o L96 00 _j L25 aJ. L99 L54 L97 5�'•w L22 L56 J S"12 0 6.21 C . w L23 �� �h�. b "� 3 ' 00 CO to M ^ 1• o 'o to rn z ?' L21 00 ------ Sheet 1 ------ O�NIL LAN� 5�`,\GENSF s� * See Sheet 3 for Line Tables 1 779 � N Scale: 1"=100' N�gI6/Z O zy T �O O P 0 25 50 100 200 O aF �yM McCPN` � P:\Colorado Ridge(4490 Franklin) 22-045\dwg\COM Sewer_H20 Ex2.dwg 8/16/2024 11:24:35 AM IDAHO Exhibit B Job No. SURVEY 9955 W.EMERALD 8T. Water and Sewer Easements BOISE,IDAH083704 Shheeteel N No. (208)846-8570 Colorado Ridge Subdivision 2 of 3 GROUP, LLC A portion of the SW1/4 of the SW1/4 of Section 10, Dwg. Date T.M., RAW., B.M., City of Meridian, Ada County, Idaho. 8/16/2024 Line Table Line Table Line Table Line Table Line Bearing Length Line Bearing Length Line Bearing Length Line Bearing Length L1 N00'36'35"E 35.88' L30 S17'51'06"E 12.50' L59 N84'23'25"W 23.65' L88 S89'24'46"E 7.09' L2 N33'01'13"W 25.28' L31 N72'08'54"E 61.35' L60 S05'36'35"W 38.37' L89 N19'35'49"E 20.03' L3 N00'36'35"E 58.68' L32 N40'36'35"E 34.31' L61 S89'23'25"E 10.44' L90 S78'09'46"E 60.23' L4 S44'16'1YE 50.83' L33 N49'23'25"W 25.50' L62 S0036'35"W 20.00' L91 S00'36'35"W 22.03' L5 N79'28'47"E 30.08' L34 N35'01'37"W 13.61' L63 N89'23'25"W 10.44' L92 S21'53'25"E 36.58' L6 S1031'1 YE 17.63 L35 N54'58'23"E 38.00' L64 S00'36'35"W 56.27' L93 S00'36'35"W 12.48' L7 N79'28'47"E 65.61' L36 S35'01'37"E 20.78' L65 S21'53'25"E 43.61' E94S23'06'35"W 26.13' L8 S89'15'34"E 78.11' L37 N40'36'35"E 21.55' L66 S89'23'25"E 13.84' S00'36'35"W 47.44' L9 N00'35'14"E 47.56' L38 S49'23'25"E 20.00' L67 S00'36'35"W 20.00' N84'23'25"W 50.06' L10 N89'24'46"W 14.50' L39 S40'36'35"W 25.58' L68 N89'23'25"W 19.04' L97 N89'24'46"W 35.75' L11 N00'35'14"E 20.00' L40 S49'23'25"E 73.01' L69 S23'06'35"W 19.58' L98 N00'35'14"E 21.00' L12 S89'24'46"E 14.50' L41 S26'53'25"E 16.99' L70 S00'36'35"W 43.60' L99 S89'24'46"E 12.99' L13 S89'24'46"E 65.75' L42 N63'06'35"E 21.20' L71 S89'15'34"E 76.07' L100 N00'35'14"E 20.00' L14 N00'35'14"E 34.20' L43 S26'53'25"E 20.00' L72 S00'44'26"W 30.91' L101 N89'24'46"W 12.99' L15 S89'24'46"E 20.00' L44 S63'06'35"W 21.20' L73 S00'44'26"W 11.59' L102 N00'35'14"E 83.57' L16 S00'35'14"W 41.77' L45 S26'53'25"E 23.47' L74 N8915'34"W 23.00' L103 S89'24'46"E 12.99' L17 S78'09'46"E 21.40' L46 S15'38'25"E 7.77' L75 N00'44'26"E 11.59' L104 N00'35'14"E 20.00' L18 N89'24'46"W 10.00' L47 S00'36'35"W 36.82' L76 S79'28'47"W 78.51' L105 N89'24'46"W 12.99' L19 N00'36'35"E 20.00' L48 S89'23'25"E 18.94' L77 S00'36'35"W 37.55' L106 N00'35'14"E 38.19' L20 S89'24'46"E 10.00' L49 S00'36'35"W 20.00' L78 S89'23'25"E 18.00' L107 N72'08'54"E 14.42' L21 N00'36'35"E 37.35' L50 N89'23'25"W 18.94' L79 S00'36'35"W 23.00' L108 N17'51'06"W 21.86' L22 N84'23'25"W 51.62' L51 S00'36'35"W 53.12' L80 N89'23'25"W 18.00' L109 N50'08'54"E 7.35' L23 N89'24'46"W 71.78' L52 S05'38'25"E 55.09' L81 S00'36'35"W 77.68' L110 N72'08'54"E 41.10' L24 N00'35'14"E 20.00' L53 S05'36'35"W 46.51' L82 S87'53'29"E 60.38' L111 N83'23'54"E 7.69' L25 S89'24'46"E 12.00' L54 S84'23'25"E 14.00' L83 S00'36'48"W 7.85' L112 N40'36'35"E 36.55' L26 N50'08'54"E 16.80' L55 S05'36'35"W 20.00' L84 N89'15'34"W 82.40' L113 S49'23'25"E 42.71' L27 N72'08'54"E 60.69' L56 N84'23'25"W 14.00' L85 N00'44'26"E 14.78' L114 S26'53'25"E 42.76' L28 N17'51'06"W 12.50' L57 S84'23'25"E 17.50' L86 N89'15'34"W 22.34' L115 S05'36'35"W 47.03' L29 N72'08'54"E 20.00' L58 S07'16'36"E 27.58' L87 S00'44'26"W 14.78' ONP� LANp 5\ \,�CENSF -- 1 779 Nag//b ° C0F Faz � \�P�? YM M cc PN`� P:\Colorado Ridge(4490 Franklin) 22-045\dwg\COM Sewer_H20 Ex2.dwg 8/16/2024 12:36:21 PM IDAHO Exhibit B 22b No. SURVEY 995E,EMERA Water and Sewer Easements Sheet No. 45 BOISE,IDAHO 83704 3704 (208)846-8570 Colorado Ridge Subdivision 3 of 3 GROUP, LLC A portion of the SW1/4 of the SW1/4 of Section 10, Dwg. Date T.M., RAW., B.M., City of Meridian, Ada County, Idaho. 8/16/2024 w IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Pebblebrook Subdivision (FP-2024-0014) by Hayden Homes, LLC., located at 5725 N. Meridian Rd. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 08/27/2024 Legend DATE: Project Location 0 TO: Mayor&City Council ::: Area of Impact = City Limits FROM: Nick Napoli,Associate Planner O Analysis ____-- --__ _ 208-884-5533 JJJA SUBJECT: Pebblebrook Subdivision , FP-2024-0014 ; M �- ®R LOCATION: The site is located at 5725 N. Meridian Road in the NE '/4 of Section 25 TAN. R.1W. (Parcels#SO425142030& SO425141990) r I. PROJECT DESCRIPTION Final Plat consisting of 52 single-family detached and six(6)common lots on approximately 13.94 acres of land in the R-8 zoning district by Hayden Homes,LLC. II. APPLICANT INFORMATION A. Applicant Ross Erickson,Erickson Civil Inc.—6213 N. Cloverdale Road,Boise, ID 83713 B. Owner: Te Amo Despacio,LLC— 1020 N. Hickory Avenue,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2024-0005)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 increase to the number of buildable lots and the amount of common open space is the same, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 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: 06/05/24) �\ PRELI MINIIRV PLAT FCR P;Hp6 Yc 6 ROOK 51.16[]IVI3ION 4�� R-0 LI IIIAT bO1bE MERIP�w OVMTY./DAMP N R•w .1`T r , 33147 aMIKkld LOOM Sbct KEjEd k01E5 MW Nam B. Final Plat(dated: 06/27/24) PEBBLEBROOK SUBDIVISION 80M—•PAGE LOCATED IN THE NE V9 OF-SE CT10N 25,TOWNSHIP d NORTH,RANGE 1 WEST,B.I m. CITY OF MERIDIAN,ADA COUNTY,IDAHO LEGEND 2024 If! � io�m aw r � • i2.nn. ® RIM • yA i mvo�[NNmexi Nauno �.m. Nr us ur PNN u.u.i NNr O � � � ��s � rir NMY� w u IMIfIn m L i►im � �_ � � r sK NI,rNt w � imrwy s as mway � C4 �- ® ;� it q =� u art rnw. u Ilar re,rt .. �•w,n f a (qpIle r aar�rNr w rr mrNt o et wxta x / w iw MNV, w kr NYrlII a yW w,IefY 4wI hU IC^u IYI[fIr kti PII!MINI NYIt Y i11r1 OIY! .�.� A OEfh o NNr Iro NI,Ie,v i DETAIL G w x.i.,.x ari.xxin xx,q.i�xwan-eun w.x, � N s,r IIIM tY1111t� �i[ ww,•,mwxxcinx--x p IINI!fl�m[ eK IrN NNN r9 f• e• �. i• �•vtiv .xr�wm�c.wxrmnua�w�n s a1Y wr wrc'e.fN[ xw � wIv a„I niv wrN1 NC . .. I1.1 x11 YAIf d1}y1 .III W/fYr -0Nf •,Ilrl RN n»wa.x•nvixuw, a a1 w .f�wrk Nr � u aet � Nn,rt Ir Ya l�r yrr�1 _ A wd �I!.rlf a1YrT./ pl wr wr Nlfr INYL.w 1 DUAL Mn Av�D Ef/l Nrr mm +nllr aNIv1 Nr NN'N Iw R+�vr+.. - a Nt v Nev,wrw r n .» yr sr�rt .r Imr W." nly NII iJF NY YIIM mllxt hM r�� .x..x..»x.,..xi...�, M wa v aNr rmwl m aY w NrN wre1 Nr rI W w Nrr arNt w � xA+x«x.w.,xi. Mr w,1 Nflf f'wVN NR IAII 1111 N111!IMN�e NR v..tl1 "���•. ... '.�••.���• � rr Nr uva Nr.N,r,ur pr our ar rw serr Nmr �. La dSoblutions su"aying and consuming NkRRATIVC urwgo vu meaaawr..Namx Page 3 C. Landscape Plan(dated: 07/06/2024) ru WEER rn •n w ""r,"LLANDSCAPE PLAN ' ) 2 -' -{V � Imo• " TaLL -i Y4,.DSOAPE PLAN!-AREA ONE -T� U.S �3 KEY MAP erne«.o f, -- EE 4a, O LANDSCAPE PLAN-AREA Two c v. KEY MAP tie-pro cu�art wores_-�^ ® mM -CAPE P[AN-AREA THREE ww.•c.w.x...�N, Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(H-2024-0005 AZ,PP,Development Agreement-Inst. #2024-044664)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 June 4', 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: 06/27/2024, included in Section V.B shall be revised as follows: a. Note#4: Include the recorded instrument number for the ACHD license agreement. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Jensen Belts, dated 07/08/2024, included in Section V.C, shall be revised as follows: a. Provide a fencing exhibit to show the different types of fencing abutting pathways and common open space lots. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 6. 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. 7. Homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2024-044664). 8. 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.Petersongusps.gov for more information. 9. The rear and/or sides of homes visible from N. Meridian Road(Lots 12-20,Block 2) 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. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B.Public Works (Cunumnr)411'F'Q1,11 AF'LC:CONDITIONS 1. F'raurc rFu sL ur s 7 iia s pa�L dinmLFb inGl<raticrn lrmivlrLx. 2. PnwKk-2.Q'N�-muiu ftrr uu<ins,Iryd mrL laki-As mid walcr I'.a` iiwnu simmW rxrwrid up W dic uudof iraiiVliydrmi"s1L-r inacr aril IV Ixyrand A. 3. Pic punruucrd LiUuLLunrx (Iu LN, NLJLL'i, 6udL6ii6, vaiptir" U-mdr rmLltL w1L: walls, fcnLam, urfikraliou Lr-Lnchcs,Light.pules,e1c.)itF Ir_built witlun the uhLity Laxcoori CHNEF-Al.,CCJNUI'LION S: 1. Lianirary xwcr�rvioc ki Ilns Lk- cJrryPuruu is a�ai lalFlr via ralurswrrr of ux:isLnig rrrmnx aril iiL ki L1rL rkVcltgrcucuL'Llir appLi<anL slaLl iiuWL rimiud Lip and lliurugh diis sulxlivisroiti appliuurl slmlJ ctmrduaLc noun 5zi i arul nmlurg wdlr dw Pubbu MAN lkparinrcnL,and cx u[c AaivJanl firrnis of 1�11ruids ftrr any oauis 11ME arc"ronal ki Ian Fvrrk scrvrL r- Miiuulwn ctrvcr i)�ur scwrr umiw is thrLi fuel,if LZFvcr from lrrp td pipe L.i sub-gradv 1%kms Llrarr IhrL-c fL'LI duii aJILiiaLc nialLTials shall Ic UMLA ill LFidunumiLY Lif t:ily of MLridian M&L Wur" 1}LpartuwrrL% Stmidwid 5pocifiwotms. 2. WalLir•4Lxvin:[i)diiN}lrc is aval lablu via L-aIL-ikswlr of cxiN[ii%n nuns a wxrlL[ia dre&L L:1411[11cuL. '1'6L alrpliLard shall bu icslaairablu L.r im!JWl warcr naiiu lu and llinmgb Ilns ikxckjiuixnL, currfduralc imin sizc aixl rLmhng widr PubLiu Wm-ks. 3. All iinpnarcrrrorLs rclaLcrl LrF puldic ML,sak-Ly aird ImmaUrsliaJl hcunryrlc[cd ltliur lu twa:u3rtua:yof Llre s[ruclwx.N.Where alrpruxcd by lhL City F'rigirwur,an uwrwr uury Farrel a lwTfonruurrx surety fur x 6 rmpnry irxnLs 6ronlcrist44 Lriu[','ity Yinguccrsigraiu im lrw GraL L36L m sd forl.lr in LUC L L-3C-31i. 1. Upon rriiAjJ [Lai of 11w I uAm2rpmg mid pr�w Ya inslwc[uai by J'lam6rig Jlclarrrrrrill guff,rkc appLimnl.slraU]mwidc-a wriLLcn=LifiLarlu ufconrplc[arri as sc[fnrlh in 1JJH:11-311-AA- 3. A JL7[c7 of Ludo iR nali s Ly iu Ill:anrrwu;if L I ON.will br n:quimd fiw all rrwrnrrplLLc fcrwing, land.mp6h&mncrILULN,pfLNNnrL4Ld]r-FiNo L Ik,priur lrr signaLut:tm flic fuel pinL b. 'J'llc C ily of Wrrrlum rcyuin3llLa Llw nwrwr JnrsL wilt the l:ily a pu furrnarwi N=Ly in lkw anr<anrl of L 23%of dw L.dal milt -Iron u W fur AIL incoogrlLk scwui,wale[rufndruLiurr prror L.r lirurf Flat 3ijgraLurc.'I1us w n:Ly will bL s riJiu l by a liic iluru ornJ L4 mall lauvrrkrl by do uwncr LL drL C:ily. 'J'Ilc ayaplr<wrl sha]L be"LiinA W Liacr 6blu a 13Lve1Lrpucul Surely Agrrcncut with ncc City of ML7IL6m. 1 Iw surLiv Lan bL']mwc'd in dre limn of ml irrcw ahlL JL*[ r of urt il,LMJl JLPR it nr buiwl ApphumfL uuLsL 1ik mr applivaLiun for curdy, wlriulr cxu bL fiwxl am lhr L-rrrnnumity Mvulupuwad Lkpaducut wcbsilr. IML7 LaiLui L-md lkL rlupncul riLTriLi fur nrrrn: 6ufornla1iLur m HX7-22 L I. 7. 'J.k.C:i[y of MLTiL6w ru:lurru�dwi ihL uwrrcr p"W lhr Pity a wm nLy surly or the aixwuu of 20%rrf Lkc 1cffA mir[rucwrn cull fur all cunyrkwd u:vdLT,whd water mfrasrruc[u c fur a durariun of iwu ycros-'1'Iris Nway mnomu will k-vcri cd by x line itcnL Cl uul.v,...inwliLang provided Ity IJw owrrcr 1rr Uri C:i[y.'liar surely our 6L lnrslcd in l6c forrrL Of mr irfLwLwalrJr LeLler of cnrrhL casli ikposil or IHxid. Alrplitant in" frLL an application for sun--Ly, w16A cmr Ix ftmmd iai dw Ckauniwrity l)LvrluFimuid Ihjrai Luwol wcbsilr- PLax urruad L d LkvclLafrnwu1 for FIKKI:mfuriirrLitrn aL KW-231 1. K. 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In rxrfminrug such w wk,LhL aMliL ht%lull cumidy widh JLwiu C: k-42-12�f orxl why 43Llcr sggdmmhk law or rcguJa son. w IDIAN� AGENDA ITEM ITEM TOPIC: Final Order 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. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 08/13/2024 ORDER APPROVAL DATE: 08/27/2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 30 BUILDING ) CASE NO. FP-2024-0011 LOTS AND 9 COMMON LOTS ON ) 3.79 ACRES OF LAND IN THE R-40 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT LAVENDER PLACE SUBDIVISION ) BY: BRECKON LAND DESIGN ) APPLICANT ) This matter coming before the City Council on August 13, 2024 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING LAVENDER PLACE SUBDIVISION, LOCATED IN THE SE '/4 OF SECTION 32, TOWNSHIP T.3N, RANGE R.IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 07/26/2024,by Clinton Hansen, PLS, SHEET 1 OF 4," ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Lavender Place—H-2024-0011) Page 1 of 3 is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated August 13, 2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Lavender Place—H-2024-0011) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 27th day of August , 2024. By: Robert E. Simison 8-27-2024 Mayor, City of Meridian Attest: Chris Johnson 8-27-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-27-2024 Charlene Way, Assistant City Clerk ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Lavender Place—H-2024-0011) Page 3 of 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Brundage Estates (TECC-2024-0002) by Engineering Solutions, LLP., generally located 1/4 mile south of W. Victory Rd. on the east side of S. Linder Rd. in the west half of Section 25, T.3N.,R.1W. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for a Two(2)Year Time Extension on the Preliminary Plat(H-2016- 0001),by Engineering Solutions. Case No(s). TECC-2024-0002 For the City Council Hearing Date of: August 20, 2024 (Findings on September 3, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 20, 2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 20, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 20, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 20,2024, 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 I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 20,2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRUNDAGE ESTATES TECC-2024-0002 - I - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a time extension on the preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 20,2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.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- 613-7C). E. Judicial Review Pursuant to Idaho Code § 67-6521(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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRUNDAGE ESTATES TECC-2024-0002 -2- G. Attached: Staff Report for the hearing date of August 20,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRUNDAGE ESTATES TECC-2024-0002 -3- By action of the City Council at its regular meeting held on the 27th 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 8-27-2024 Attest: Chris Johnson 8-27-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-27-2024 City Clerk's Office Charlene Way, Assistant City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRUNDAGE ESTATES TECC-2024-0002 -4- EXHIBIT A COMMUNITY DEVELOPMENTDEPARTMENT REPORT REPORT ✓✓ rY L HEARING 8/20/2024 legend ✓9 DATE: Project Location , _�, @' �r TO: Mayor&City Council ...Area or impact @ @_ y y = City Limits FROM: Sonya Allen,Associate Planner O Analysis J 208-884-5533 sallen@meridiancity.org APPLICANT: Engineering Solutions SUBJECT: TECC-2024-0002 Brundage Estates—TECC LOCATION: 3770 S. Linder Rd., in the west 1/2 of Section 25,T.3N., R.l W. -- - I. PROJECT OVERVIEW A. Summary Two(2)year time extension on the preliminary plat(H-2016-0001)to obtain the City Engineer's signature on the first phase final plat. B. Issues/Waivers None C. Recommendation Staff: Approval with the conditions included below in Section IV. D. Decision Council: Approval as recommended by Staff. IL COMMUNITY METRICS Table 1•Land Use Description Details Map Ref. Existing Land Use(s)/Proposed Use There is currently one single-family home on this rural - residential/agricultural property Proposed Land Use(s) A total of 366 single-family homes are entitled to develop on this site Existing Zoning R R-4(medium low-density residential) VII.A.2 Future Land Use Designation LDR(Low-density Residential)&MDR(Medium-density VII.A.3 Residential) Table 2: Process Facts Description Details Preapplication Meeting date 6/4/2024 Neighborhood Meeting 6/20/2024 City of Meridian I Department Report I. Project Overview Description Details Site posting date 7/10/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District • Comments Received Yes - • Commission Action Required No - See City/Agency Comments and Conditions in Section IV and in the public record for all comments received. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview The UDC states that approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. If phased, each phase must be signed by the City Engineer within two(2) year successive internals. They Applicant may request an extension of time of up to two(2)years if such request is filed prior to the termination period. With all extensions,the City Council may require the preliminary plat to comply with the current provisions of the UDC. See UDC 11-6B- 7C for more information. A two(2)year time extension is requested on the preliminary plat(H-2016-0001)in order to obtain the City Engineer's signature on the first phase final plat. The extension would give the Applicant until July 26, 2026 to obtain signature on the final plat. The reason for delay in moving forward with this development in the past is that the developer has been focused on development of the adjacent Biltmore Estates(Oakwood) and Graycliff Estates subdivisions. There were no new conditions of approval placed on the development with the previous time extensions as the project was determined to be in compliance with the UDC standards in effect at that time, including open space and site amenity standards. The delay since the last time extension is due to improvements to Harris Street(to the east)being completed with Stapleton Subdivision and the City of Meridian extending sewer south in Linder Rd. from Fall Creek Subdivision. Since that time, Stapleton Subdivision has been partially constructed and construction of surrounding developments have necessitated some design changes to match adjacent improvements. The Applicant is currently in the design process of phases 1 and 2 of Brundage Estates. Completed plans are anticipated to be submitted to agencies for review in September of this year; construction of the subdivision improvements is planned for November or December of this year with paving in the Spring or Summer of 2025.As conditions of the subject time extension, Staff recommends 10-foot wide detached sidewalks are provided in lieu of 5-foot sidewalks along S.Linder Rd. and W.Harris St.for public safety; and internal local and collector streets align with stub streets to this property.Note:A 5-foot wide detached sidewalk has already been constructed along most of S. Oakbriar Way along the eastern boundary of the site with development of Graycliff Estates subdivision to the east. The development includes private open space areas with playgrounds,picnic shelter and pathways.A 10-foot wide multi-use pathway and landscaping is planned through the Williams' Pipeline easement corridor and an 8-acre City park is planned within the development. Services are available at the site for extension with development. Development of this subdivision will allow Harris Street, a mid-mile collector,to be extended from the east boundary through the site to Linder Rd. in accord with ACHD's Master Street Map. City of Meridian I Department Report III. Staff Analysis Approval of the subject time extension will allow the Applicant to move forward with development as entitled without having to go back through the preliminary plat process again. The proposed low-density development will provide larger lot sizes (i.e. average of 10,193 square feet)than is typical these days with an overall gross density of 2.68 units per acre,which is consistent with Policy#2.01.01 in the Comprehensive Plan,which states, "Encourage diverse housing options suitable for various income levels, household sizes, and lifestyle preferences." The provision of a City park is also consistent with Policy#4.02.02,which states,"Provide a variety of park types (neighborhood parks, community parks, regional parks) with a diversity of uses and activities interspersed throughout the community." Table 4:Proiect Overview Description Details History AZ-13-014 Victory South(Ord.#14-1594);H-2016-0001 (PP Brundage Estates);A-2018-0231 (11t time extension);TECC-2020-0001 (2nd time extension);TECC-2022-0001 (3rd time extension) Acreage 13 6.63-acres B. History and Process The preliminary plat(H-2016-0001) for this property was approved in 2016. Three (3)previous time extensions have been approved for this subdivision,the last of which would have expired on July 26,2024 had the subject time extension request not been submitted. IV. CITY/AGENCY COMMENTS& CONDITIONS A. Meridian Planning Division 1. The Applicant shall comply with all previous conditions of approval associated with this development(i.e. A7--13-014 Victory South; H-2016-0001 (Brundage Estates PP);A-2018- 0231,TECC-2020-0001, TECC-2022-0001 Brundage Estates)as well as those listed below. 2. Ten(10) foot wide detached sidewalks shall be constructed along S. Linder Rd. and W. Harris St. 3. Internal local and collector streets shall align with stub streets to this property. 4. The Applicant shall obtain the City Engineer's signature on the first phase final plat on or before July 26,2026; or, apply for a time extension prior to that date as set forth in UDC 11- 6E-7 in order for the preliminary plat to remain valid. Other Agency comments may be accessed in the proiect file, included in the public record. V. ACTION A. Staff: Staff recommends approval of the proposed TECC application and finds it in conformance with the Comprehensive Plan and the UDC with the conditions included in Section IV. A. City Council: The Meridian City Council heard this item on August 20 2024. At the public hearing,the Council moved to approve the subject TECC request. 1. Summary of the City Council public hearing: a. In favor: Becky McKay, Engineering Solutions b. In opposition: None c. Commenting:None City of Meridian I Department Report V. Action d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff recommendation: a. None City of Meridian I Department Report V. 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Aerial Photo f w t-o s s 5. .." nrotrr a ' I, City of Meridian Department Report VI. Exhibits C. Approved Preliminary Plat(dated: 1/16/16) � M 11 IN �,a[.TIV Ell I- L-T 13 .,. u,. ri . .,�... r --�*,n i - __ - �_ sr - - e�eF • w.°.., _J; L=wk`x , e ru p 7 15 , q m } a..• e _ +` t �P 'e W s x ° > • . 11. Ix _ zy M1 6 x A e . . a N' x Al W� wswva �� olx x r — — — - — — I 11______ �MES °v¢cc wuvarxfnLTl ii "li. can®f va s �� TY��L eE=oE� I „�y P� CoLLCTOR I—IN ROX „`IL City of Meridian Department Report VI. Exhibits D. Service Accessibility Report PARCEL S1225233910 SERVICE ACCESSIBILITY Overall Scare: 22 11 th Percentile Description Location In City Limits Extension Sewer Trunkshed mains a 500 ft.from parcel Floodplain Either not within the 100 yrfloodplain or a 2 acres Emergency Services Fire Response time a 9 min. Emergency Services Police Meets response time goals most of the time Pathways Within 1/4 mile of current pathways Transit Not within 1/4 of current or future transit route Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets YELLOW plan)a existing(#of lanes)&road IS in 5 yr work plan School Walking Proximity From 1/2 to 1 mile walking YELLOW School Drivability Not within 2 miles driving of existing or future school Park Walkability No park within walking distance by park type Report generated on 07-31-2024 by MERIDIA%sallen City of Meridian I Department Report VI. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Brundage Estates MDA (H-2024- 0031) by Engineering Solutions, LLP., generally located 1/4 mile south of W. Victory Rd. on the east side of S. Linder Rd. in the west half of Section 25, T.3N.,R.1W. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--- AND DECISION& ORDER In the Matter of the Request for a New Development Agreement for Brundage Estates Subdivision as Required with Annexation of the Property(AZ-13-014,Ord.#14-1594),by Engineering Solutions. Case No(s). H-2024-0031 For the City Council Hearing Date of: August 20,2024 (Findings on August 27,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 20, 2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 20,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 20, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 20,2024, 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 BRUNDAGE ESTATES MDA H-2024-0031 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 20,2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a new Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of August 20, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(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 August 20,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRUNDAGE ESTATES MDA H-2024-0031 -2- By action of the City Council at its regular meeting held on the 27th 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 8-27-2024 Attest: Chris Johnson 8-27-2024 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 8-27-2024 City Clerk's Office Charlene Way, Assistant City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRUNDAGE ESTATES MDA H-2024-0031 -3- EXHIBIT A COMMUNITY DEVELOPMENT C��fE DEPARTMENT REPORT HEARING 8/20/2024 Legend -✓9 DATE: _ @@, -: Project Location , _• TO: Mayor&City Council ...Area or impact = City Limits �� FROM: Sonya Allen,Associate Planner O Analysis 208-884-5533 sallen@meridiancity.org APPLICANT: Engineering Solutions , SUBJECT: H-2024-0031 Brundage Estates—MDA LOCATION: 3770 S. Linder Rd., in the west 1/2 of Section 25,T.3N., R.l W. -- - I. PROJECT OVERVIEW A. Summary Request for a new development agreement for Brundage Estates as required with annexation of the property(AZ-13-014, Ord. #14-1594). B. Issues/Waivers None C. Recommendation Staff: Approval with the provisions included below in Section IV. D. Decision Council: Approved the MDA request with the stipulation the Applicant submit revised conceptual elevations as requested by Staff that comply with the minimum design standards in the Architectural Standards Manual for approval by Staff prior to Council approval of the DA. The conceptual elevations included in Section VI.F below are not approved—see subsequent Development Agreement for approved elevations. II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s)/Proposed Use There is currently one single-family home on this rural - residential/agricultural property AM Proposed Land Use(s) A total of 366 single-family homes are entitled to develop on this site Existing Zoning R-4(medium low-density residential) - Future Land Use Designation LDR(Low-density Residential)&MDR(Medium-density VI.A.3 Residential) City of Meridian I Department Report I. Project Overview Table 2: Process Facts Description Details Preapplication Meeting date 6/4/2024 Neighborhood Meeting 6/20/2024 Site posting date 8/10/2024 III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview This property was annexed in 2014 with the Victory South annexation,which was a Category B annexation of approximately 310.08-acres of land by the City of Meridian(AZ-13-014, Ord. #14-1594). One of the provisions of the Declaration of Consent to Annexation was that the property owner may not develop(or receive development approval)until such time as the property owners and the City execute a Development Agreement(DA). A preliminary plat for Brundage Estates Subdivision was approved in 2016, followed by several time extensions,the most recent of which is currently in process. The developer is now nearing submittal of a final plat application,which constitutes"development"; therefore, a DA is requested as required. The preliminary plat entitles the property to develop with 366 building lots,20 common lots and one (1) other lot on 136.63-acres of land in the R-4 zoning district as shown in Section VI.0 below.An 8-acre City park is planned within the development as well as the extension of W. Harris Street,a mid-mile east/west collector street,from the east boundary of the site to the west to S. Linder Rd. in accord with ACHD's Master Street Map,which will improve transportation in this area(see landscape plan and conceptual park master plan in Section VI.D below). When the preliminary plat was approved, a step-down in density was approved on the southern portion of the property from medium-to low-density residential to match that on the northern portion of the property. The proposed development will provide larger lot sizes(i.e. average of 10,193 square feet)than is typical these days with an overall gross density of 2.68 units per acre,which is consistent with Policy #2.01.01 in the Comprehensive Plan,which states, "Encourage diverse housing options suitable for various income levels, household sizes, and lifestyle preferences."The provision of a City park is also consistent with Policy#4.02.02,which states, "Provide a variety of park types (neighborhood parks, community parks, regional parks)with a diversity of uses and activities interspersed throughout the community." Staff recommends the proposed DA include provisions for future development of this property to be consistent with the approved preliminary plat,landscape plan and conceptual park master plan.As conditions of the concurrent time extension application, Staff recommends 10-foot wide detached sidewalks are provided in lieu of 5-foot sidewalks along S.Linder Rd. and W.Harris St. for public safety; and internal local and collector streets align with stub streets to this property. Staff recommends these provisions are also included in the DA. Conceptual building elevations were approved for future homes within the development with the preliminary plat application as shown in Section VI.E. These approved elevations incorporate a variety of field and accent materials including stucco; a large number of windows/glazing; and lap,board& batten and shake siding with stone accents and architectural elements consisting of corbels to emphasize roof gables,masonry/stone columns at the entries,trim around windows, etc. A variety of color changes are incorporated as well for interest and accents. Because the developer of this subdivision is different from the original developer, alternate elevations are proposed to be included in the new DA, as shown in Section VI.F below. The proposed elevations lack the variety in materials, colors,and architectural details and elements shared with the community, supported by City Council,and memorialized in the original approvals.Many of these of these City of Meridian I Department Report III. Staff Analysis elevations do not meet the minimum,baseline standards in the Architectural Standards Manual(ASM) pertaining to building form, architectural elements and materials, as follows: Building Form(pp. D-7 &D-8): • Goal#R3.10—Articulate building forms, including,but not limited to,massing,walls, and roofs, with appropriately scaled modulations that contribute to the development of visually aesthetic and well-articulated building designs.Applies to building facades visible from a public street or public spaces. R3.1F—Incorporate visually heavier and more massive elements or materials, such as stone or masonry,primarily at the base of buildings, and lighter elements and materials such as siding, above. This excludes columns, supports,modulated walls,architectural features, and roof elements. (Applies to the modern cottage and modern farmhouse elevations) RESIDENTIAL:SE t »l 0 Visually heavier material such as stone or masonry should generally be located or begin at the base of the building,but may continuously(aver any area upwards on the fapde,so long as they appropriately transition into other materiah,modulation,or roof forms. • Goal#R3.20—Residential designs should articulate facades into smaller components and break up monotonous wall planes by integrating horizontal and vertical elements. R3.2A—Use any combination of material, color,modulation,or other articulation to delineate and break up wall planes greater than 20-feet by 10-feet or wall planes exceeding 200 total square feet(whichever is more stringent).Applies to public oriented building facades visible from a public street or public spaces. (Applies to the modern cottage and modern farmhouse elevations) • Goal#R3.40—Modulate and articulate roof forms to create building profile interest and to reduce the appearance of building mass and scale. Applies to public oriented facades visible from a public street,public spaces, and pedestrian environments. R3.4D—Sloped roofs shall have a significant pitch,to be no less than 5/12 (22-1/2 deg). (possibly applies to prarie and prairie elevations) R3.4E—Sloped roofs must extend at least 12 inches beyond the face of walls. (Applies to modern cottage and possibly mid-century modern) Architectural Elements(pp. D-13 and D-14): (applies to most if not all of the elevations) • Goal#R4.10—Use architectural elements and detailing to add interest and contribute to an aesthetic building character. Applies to building facades visible from a public street or public spaces. City of Meridian I Department Report III. Staff Analysis R4.I—Provide detailing that transition or frame facade material changes,and that integrate architectural elements such as lighting, doorways and windows. Examples include but are not limited to: cornice work, decorative caps on brick or stone, decorative lintels,porch railing, transom light, and shutters. • Goal#R4.20—Strategically locate focal points as key elements within the building design to enhance architectural character.Applies to building fagades visible from a public street or public space. R4.2A-Provide details that emphasize focal elements such as building corners, entries, or unique features. Detail examples include but are not limited to: quoin or rustication, canopies, and columns, or using roof lines and modulation to direct views.At least one focal element is required and must be accented with a contrast in color,texture, or modulation of the wall or roof plane. M k.T as This single family residential home has a number of added architectural elements including:{A} the envy;{E}stone column bases with caps to anchor the building;and{F}shutters and trim corbels to emphasite roof gables;10)transom windows to rreate more interest:(Cl stained wood around windows and vents to accent and transition materials. columns and accents,to frame the entry and front of the house;Q sidelights to emphasize Materials(pp. D-17, D-18, D-19): (applies to most if not all of the elevations) • Goal#R5.20—Incorporate material and color changes as integrated details of the building design;maintain architectural integrity and promote a quality appearance and character.Applies to building fagades visible from a public street,public space, and pedestrian environments. R5.2A—Use a cohesive color scheme featuring a minimum of two field colors, a trim color, and an accent color or unique material. Garage door colors must coincide with this scheme or other accents. R5.213—For each wall plane area greater than 20-feet in length or height, and visible from prescribed areas,incorporate at least two distinct field materials,patterns,or colors in any combination, for at least 25% of the visible area. Windows or portals with qualifying accent materials may count toward this requirement,when meeting overall material requirements for the fagade elevation. City of Meridian I Department Report III. Staff Analysis • Goal#R5.30—Use colors that complement building materials and support innovative and good design practices.Applies to building fagades visible from a public street,public spaces,and pedestrian environments. R5.3A—Use of subtle,neutral,or natural tones must be integrated with at least one accent or field material. ''. MIDENTIAL SR s r rT- 4�µ �. .a as This single-family home contains a number of materials to integrate and relate design elements facade materials wrap around outside corners and are finished off with trim or other transitional to another.These include:{A}distinct trim colors;{8}board and batten siding in a neutral material.The home also includes a number of roof slopes and ridges coinciding with modull tion. field color,to compliment accent colon and stone materials;Q window trim and stone ledges to integrate windows(01 gutters colored to match trim;and{EJ a stone field material used to anchor the building and transition into other materials,with ledges,trim,and stone caps-All stone Staff discussed these concerns with the Applicant prior to application submittal and advised the Applicant to heighten the design of their elevations; however,the developer preferred to stay with their established product type.Note:Although single-family detached dwellings are not typically required to comply with the design standards in the ASM, instead receiving higher level review typical with annexations and preliminary plats, UDC 11-5B-8B.2 does allow compliance to be required with a DA. Previous concepts proposed with the preliminary plat were in closer conformance to these standards; therefore, compliance with the standards was not required. Staff finds the existing elevations to be of a higher quality of design in terms of the baseline standards in building form, architectural elements,materials and colors. Therefore, Staff is not in support of the proposed modification without changes to the elevations to comply with the design standards noted above. Staff recommends the Applicant make revisions to the elevations to comply prior to City Council taking action on this application.This may require continuance of the hearing to a later date if the Applicant is unable to make these changes prior to the Council hearing. City of Meridian I Department Report III. Staff Analysis Further, and which is typical of developments along major roadways,because the rear and/or sides of homes facing S.Linder Rd.,W.Harris St. and S. Oakbriar Way will be highly visible, Staff recommends a provision in the DA that requires these elevations to 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.Single-story homes are exempt from this requirement. Table 3: Proiect Overview Description Details History AZ-13-014 Victory South(Ord.#14-1594);H-2016-0001 (PP Brundage Estates);A-2018-0231 (1st time extension);TECC-2020-0001 (2nd time extension);TECC-2022-0001 (3rd time extension);TECC-2024-0002(4th time extension—currently in process) Acreage 136.63-acres B. History and Process The preliminary plat(H-2016-0001) for this property was approved in 2016. Three (3)previous time extensions have been approved for this subdivision, a fourth is currently in process. IV. CITY/AGENCY COMMENTS & CONDITIONS Staff recommends the Applicant make revisions to the proposed elevations to comply with the design standards noted above in Section III prior to City Council taking action on this application. This may require continuance of the hearing to a later date if the Applicant is unable to make these changes prior to the Council hearing. A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation of this property and shall be entered into between the City of Meridian,the property owner(s), and the developer. 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 subject application.A final plat application shall not be submitted until the DA has been recorded. 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 and conceptual park master plan approved with H-2016-0001 and the associated conditions of approval, including those associated with subsequent time extension applications (i.e. A- 2018-0231, TECC-2020-0001, TECC-2022-0001, TECC-2024-0002). b. A 10-foot wide detached sidewalk shall be constructed within the required street buffers along S. Linder Rd. and W. Harris St. as required with TECC-2024-0002. c. All internal local and collector streets shall align with stub streets to this property. d. The rear and/or sides of homes facing S. Linder Rd.,W. Harris St. and S. Oakbriar Way 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 City of Meridian I Department Report III. Staff Analysis 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. Other Agency comments may be accessed in the proiect file, included in the public record. V. ACTION A. Staff: Staff recommends approval of the proposed MDA application per the analysis in Section III, including changes to the elevations to comply with the design standards in the ASM, and the recommended provisions in Section IV above. A. City Council: The Meridian City Council heard this item on August 20,2024. At the public hearing,the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Becky McKay, Engineering Solutions b. In opposition: None c. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Agreement with Staff that the conceptual elevations need to be revised to comply with the minimum design standards and the process for such. 4. City Council change(s)to Commission recommendation: a. Council approved the MDA request with the stipulation the Applicant submit revised conceptual elevations as requested by Staff that comply with the minimum design standards in the Architectural Standards Manual for approval by Staff prior to Council approval of the DA. The elevations included herein are not approved. City of Meridian I Department Report V. 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Aerial Photo v� Wi'F151A l d11�J � "i x m- t t- aa'! U WN551- W BLUE IA•CE UR� 'S J G • SPRIN SDR-:N tr'a ak sI ' °A 5R'p �W.lVRry ri T.l - i City of Meridian Department Report VI. Exhibits C. Approved Preliminary Plat(dated: 1/6/16) � M 11 IN �,a[.TIV Ell I- L-T 13 .,. u,. ri . .,�... r --�*,n i - __ - �_ sr - - e�eF • w.°.., _J; L=wk`x , e ru p 7 15 , q m } a..• e _ +` t �P 'e W s x ° > • . 11. Ix _ zy M1 6 x A e . . a N' x Al W� wswva �� olx x r — — — - — — I 11______ �MES °v¢cc wuvarxfnLTl ii "li. can®f va s �� TY��L eE=oE� I „�y P� CoLLCTOR I—IN ROX „`IL City of Meridian Department Report VI. Exhibits D. Approved Landscape Plan& Conceptual Park Master Plan HI <' r , 69 — / �tl — '� -�$:^�h.-"�—��F=Ei'fi� b`'.^ro.� as •. T • - W i OVERALL LANDSCAPE PLAN 1 14 9 1 i x VICINITY MAP la `� e Iz I. --� LEGEND - 5 4 e Ahssoes iecH s CONCEPTUAL PARK MASTER PLAN_ M•� _ Paa. i ENGINEERING SOLUTIUNS City of Meridian I Department Report VI. Exhibits E. Approved Conceptual Building Elevations/Photos ro ITR City of Meridian Department Report VI. Exhibits F. Proposed Conceptual Building Elevations—NOT APPROVED(See Development Agreement for approved elevations) JUNIPER COLLECTION BROOKSI DE COLLLCT I ON PRhRI E MODERN E At MODERN FAFINAI I±7J,F � kll:}i:I V".JR P.9OJk RN An f:h5[:P•I}I PMi§IE City of Meridian Department Report VI. Exhibits i MODERN FARAMHDUSE RIVE RBEND CQLLECI IC N K40DERN FA RMHR7USF - - .71"ail . .II I.I r� ra ADE PRAME City of Meridian Department Report VI. Exhibits G. Service Accessibility Report PARCEL S1225233910 SERVICE ACCESSIBILITY Overall Scare: 22 11 th Percentile Description Location In City Limits Extension Sewer Trunkshed mains a 500 ft.from parcel Floodplain Either not within the 100 yrfloodplain or a 2 acres Emergency Services Fire Response time a 9 min. Emergency Services Police Meets response time goals most of the time Pathways Within 1/4 mile of current pathways Transit Not within 1/4 of current or future transit route Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets YELLOW plan)a existing(#of lanes)&road IS in 5 yr work plan School Walking Proximity From 1/2 to 1 mile walking YELLOW School Drivability Not within 2 miles driving of existing or future school Park Walkability No park within walking distance by park type Report generated on 07-31-2024 by MERIDIA%sallen City of Meridian I Department Report VI. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Luna Hospice (H-2024-0012) by CivilSphere Engineering, Located at 525 E. Overland Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER , In the Matter of the Request for 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,by CivilSphere Engineering. Case No(s).H-2024-0012 For the City Council Hearing Date of. August 13,2024 (Findings on August 27, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 13,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 13,2024,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 13, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 13, 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 § 1 I-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(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 13,2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 13,2024,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -2- 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 August 13,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -3- By action of the City Council at its regular meeting held on the 27th 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 8-27-2024 Attest: Chris Johnson 8-27-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-27-2024 City Clerk's Office Charlene Way, Assistant City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -4- EXHIBIT A E STAFF REPORT 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 JIB 84 _ Q H! 84 O Wth OVER:-"ND OVE^',AND a ....... ��%. .� =_-:....1.aMEN .. : f 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����♦�♦.■■■ ■� • 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 EXHIBIT A 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 EXHIBIT A 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 EXHIBIT A 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 EXHIBIT A 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 EXHIBIT A A-2021-0223 9 ---'-- I � r Ls ____ 3 I� 167 M I'ON 1. i q!I y f � ■1' i 0 � MEAIIAH 1 .s•I — w FB, �q� ME AN Q 1 � 1�3 A — �'� rp,C EEHS THE }i 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 EXHIBIT A 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 EXHIBIT A 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 EXHIBIT A 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 EXHIBIT A a. Add a Development Agreement Condition to approve the nonconforming structure (garage)remaining on the site. C. The Meridian City Council heard these items on August 13,2024. At the public hearing.the Council moved to approve the subject Annexation and Conditional Use Permit requests. 1. Summary of the City Council public hearing: a. In favor: Carmen Weber,Weber Design Studio&Albert Lieu.Owner b. In opposition:None c. Commenting: Rodney By rode 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. Concerns with Meridian Greens Subdivision irrigation pipe residing on this property. 3. Key issue(s)of discussion by City Council: a. Concerns with tobacco usage from employees negatively impacting the surrounding residents. b. Council would like to see the irrigation issues resolved with Meridian Greens Subdivision prior to occupancy of the building, 4. City Council change(s)to Commission recommendation. a. The Applicant shall provide a revised annexation exhibit map prior to Council adopting the ordinance. b. The Applicant shall provide a letter of acceptance from the Meridian Greens Homeowner's Association confirming the agreement regarding the use of irrigation water to meet the needs of both the homeowner's association and the Applicant prior to issuance of CZC. Page 11 EXHIBIT A 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 EXHIBIT A PUVW CO M"EY W. 14a4- IEGEMO NSTRWIP•T 144 —Lv tea;V�db rpy.pp.we•. RECORD OF 'SURVEY sURVE7VR"&NANIIATIYE *'rr* FOR • n..c �.rw ✓nrt.�..�.f1r+hlu „ oLLD1J11Y rover �•�„'••`�••" owrwc ro4s ax I,�oulvl ff!E 1 f1 I!1 1 fl,�wpl x ilk!�NL WFWK Auk CWK OW ' rt ib w n,_,w er9e R LerlhC IF [fe__ .__ .__ • ___ __.moo ___. r..e..r... roST#lEkL.r 110 KmW F tea.•,. ..wa.s..arr,rvss N•4enu ' r L � ■ r $rf S 5 x 4 —1.1,TPul- TCLI 9. h iTll•I.ATTL'.[} s � sl a .•tir�.y� ____.� � f P•�o7a•r#iEnd• r y e RCCBRprR'f Cr RTIK4CATt I s1xr¢rur ru.i REF'EAENCE 'A111YiY6 AND PLJLTE _ y SyLyI.+4Tw�e it y.r.w<m ain,• —N:Pk:l;l A14 CFIfr1:r:N :l RI- I.:: 1yw..n 1•mar rr�}arr 1y a] }i�•With Mrpu`PI[rt #r140� �� .i.mtk Ti MY CERTIFICATE 6F SURVEYOR rr 4M!L* 1,a.ru,rr a[nm,w.4 k1 PPIO,•1rn E!Lr�a.ee 1oa1 wrrt„N.r+r•rr.!*�w•m�rrrt n..•r• _ ATTENTION 11..r nw tsm IO1T TO rZ . uo llrn+e vo ry care nrn 1,yrr x,a.us Y1 I I JYLN!•RWf1 o••tlo r.[+„Y1��Irsn[•MYM Ytl iLirF ]�r+li y� 4G1 Wn IS �'.r�i 3b�YIn:�f.M L4F Y•rlY.� �v.�,r�,r•sra•r-'- � '•�fir.���• MA�,Y�N+�.y.•�ti rem . "`"'" ••`" ••••rt••�••• grC0QDNc MMX Ma.ilrn•rra-0a 40ov �iwoK mm+ °aion Page 13 EXHIBIT A B. Revised Site Plan(dated: 6/25/24) LEGEND 101)-7 i --- -------------------------------- ------------------------- -------- - -------------------------------------- A F1 Z ------- -------- ----------- --------------------------- ue -------------------------------- xrw ----------- ---------------------------------------------------- ------------------------------------------------------ - - - SPLO C. Revised Landscape Plan(dated: 77/a244/2024 aQ24) -QM1-7O--nOr4 OL-N 7WJM FMC7TOCT4ON N4PTOO. Page 14 EXHIBIT A x.... ,� � .���� �~ ..y„�..�,.,. m ....vim:..-a.,� -• V V hY ELn�d1iJ w_. •+a ern^ -��� � ems-»w�•»�4.a..-. ,.4 .-.J"' e �M1�SGP.aE P-AM1 f _ I....ti}5.},��G Lw'•F3 n��..WRw qw�Anpti rv+�TPM .,.,.,ir�vwwe vaa' -'•-��i yt�'.SMr--.n..Nx=n�.......,.. trm�- mLIMP :� �d Si 9e8f}.Si�'7SSC"-i4''V.�tR3,7�27$'A '.o1.�ti - .,....., -a_�.:7,..w.va.a�.__..r.,.s..r..,, •~-.'�..'�75'a'�GLY_.�.-��.,.~...�,�.N t.�'r'.v —_����.� .�a.....w n�M # --_ 7 conKExweTneE ruurw oone,earas� �e..vH-�� «:7=mm3.'-.�:r::.:a;"'C.""-,•.=y.�:".w �"_'Y1V.�f iq'i"..,-,..,..� ..c-.r. 'ti....�.w.~� - cl c BPWII'WO.. 7;;.:�.ri.'.:�.'".,::�"!a-'Ww5nC2`.Tom' .kiTb�3.-a-or-a.--�i:�:ir�:.��•,-e '.�r� 6 �"aSC5E2:.:'-ice.=,.-,'�.:,nwP -w__7�=.I�"=ate.�2'v�«'TL:,ra+•-.awr...-..moo w�u ry 'r"-a'Y.t.�m,..�-,.7:Y•17r,�.i wz=mew a.wv+.--..n a��w�..^-:�w.wi,a.w.•.�,... l�`TnEEENHTHC W�ElE binrE `�. -.s- L:i' �.� .��Y'�'GCL'!."7-::.w��Y�.�www .-- •••w• LUHp HD�Y.E -•��-..v-P,-P9--•--P,r,. � - _""'""' CZCfCw9�GLL ticsw "�.LV'9• x�i;`ix� - � Lmir.s.£ � dITEWE �TfRErr.�u�hC�N]CO,fF-x�'.tFxxErvf o;^_F�33 R.JIfYI� � Page 15 EXHIBIT A E cc fvcc • "��C C�1L^GE } Page 16 EXHIBIT A D. Conceptual Building Elevations LJ m �.0 Page 17 EXHIBIT A 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 adopting the ordinance. Hear-ing• 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 future to reduce access points and submit a copy of the recorded easement to the Planning Division with the fixture Certificate of Zoning Compliance. b. All sidewalks to and around the building shall be a minimum of 5-feet in width per 11- 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 Page 18 EXHIBIT A sidewalk to 7 feet to accommodate vehicle overhang as set forth in UDC 11-3C-5B.4.If 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- 3B-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-19B.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 The Applicant shall provide a letter of acceptance from the Meridian Greens Homeowner's Association confirming the agreement regarding the use of irrigation water to meet the needs of both the homeowner's association and the Applicant prior to issuance of CZC. 2.5 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 Page 19 EXHIBIT A requested asset forth in UDC 11-5B-6F. B. PUBLIC WORKS DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=348143&dbid=0&repo=MeridianC ky C. KUNA SCHOOL DISTRICT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=348150&dbid=0&repo=MeridianC ky D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) No comments received. E. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=348840&dbid=0&repo=MeridianC ity F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=350386&dbid=0&repo=MeridianC dy 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; Council 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; Council 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; Council 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 20 EXHIBIT A 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds 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. Council 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. Council 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. Council 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. Council 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. Council 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. Council 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 21 EXHIBIT A 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Council finds the proposed use 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) Council 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 22 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Task Order Agreement with McCall Studios for Fabrication and Installation of Public Art at Chateau Park for the Not-to-Exceed amount of$45,000 TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK ARTWORK This TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK ARTWORK("Agreement") is made this 27th day of August , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ken McCall, on behalf of McCall Studios LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, City seeks to cultivate park identity and add theming through public art at Chateau Park, located at 2640 W. Chateau Drive, in Meridian, and to that end, requested that Artist submit a proposal for a design of original artwork to be installed at Chateau Park; WHEREAS,Artist and City have entered into a Master Agreement for Professional Services: Park Identities Public Art Roster("Master Agreement"), which establishes the terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of artwork, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; WHEREAS,Artist proposed the fabrication and installation of a composition bench, flower sign, and flower bench, as generally depicted in Exhibit A hereto ("Artwork"); WHEREAS,project stakeholders, including representatives of the Meridian Parks and Recreation Department, the Meridian Parks and Recreation Commission, the Meridian Arts Commission, and neighborhood residents, have evaluated Artist's proposal and recommend installation of the proposed artworks at Chateau Park; WHEREAS, on July 11, 2024, the Meridian Arts Commission reviewed the Artist's proposal, and recommends to the Meridian City Council that Artist's proposal be commissioned for full design, fabrication, and installation; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall design, fabricate, and deliver one (1) composition bench, one (1) flower sign, and one (1) flower bench, as described and depicted in ExhibitA (together, the "Artwork"), and shall install such Artwork at Chateau Park. Artwork design, fabrication, and delivery shall comply in all respects with applicable industry and engineering standards, Idaho Standards for Public Works Construction, policies and ordinances of the City of Meridian, and the direction of the Arts and Culture Coordinator. TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE I II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork shall be forty-five thousand dollars ($45,000.00). This amount shall constitute full compensation for any and all design, engineering, fabrication, delivery, installation, site restoration, and other services; travel; materials; shipping; contingency; commission; artist fee; and any and all other costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City invoices for services and/or materials provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. City Approval of Proposal, Project's Projected Detailed Timeline, and Detailed Site Plan: $5,000.00 shall be paid to Artist within thirty (30) days of the Arts and Culture Coordinator's approval of Artist's detailed proposal for design, fabrication, and installation of the Artwork at Chateau Park a detailed project projected timeline, and a detailed site plan for the location and positioning of installation of the Artwork at Chateau Park. 2. Engineering Approval, and Other Items: $10,000 shall be paid to Artist within thirty (30) days of the engineering approval; and a building permit application. Engineering Approval and Other Items shall be defined as: a. Engineered, stamped plan for installation of footings and foundations; b. Plan for transportation of artwork to Chateau Park for delivery and installation; c. Plan for any site restoration regarding landscaping and utilities; d. Plan for engaging an independent testing agency to test and inspect construction materials and methods, if necessary; e. Final construction drawings and structural calculations for Artwork,prepared and stamped by an engineer certified in the state of Idaho; f. Proof of application for a building permit from the City of Meridian Community Development Department/Building Division, and for any permits required by from the City of Meridian Community Development Department/Planning Division. 3. Fabrication of Artwork, Phase I: $10,000 shall be paid to the Artist within thirty(30) days of a meeting between Artist and the Arts and Culture Coordinator, demonstrating at least fifty percent(50%) completion of fabrication of Artwork. The Arts and Culture Coordinator shall approve, or approve as modified, the Fabrication of Artwork at 50% completion within seven(7) days of Artist's notice of such 50% completion. Prior to issuing approval, the Arts and Culture Coordinator shall determine that the Artwork is in keeping with the standards set forth in this Agreement and with Artist's representations as set forth in the proposal set forth in Exhibit A, with the limited exception of non-material design refinements and/or improvements. TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE 2 4. Fabrication of Artwork, Phase II: $10,000 shall be paid to the Artist within thirty(30) days of Artists' completion of fabrication of the Artwork. The Arts and Culture Coordinator shall approve, or approve as modified, the Artwork within seven(7) days of Artist's notice of such completion. Prior to issuing approval, the Arts and Culture Coordinator shall determine that the Artwork is in keeping with the standards set forth in this Agreement and with Artist's representations as set forth in the proposal set forth in Exhibit A, with the limited exception of non-material design refinements and/or improvements. 5. Installation of Artwork: $5,000.00 shall be paid to the Artist within thirty(30) days of Installation of Artwork, which shall be defined as: a. Complete installation of the completed Artwork at the Site, in coordination with and as confirmed by the Arts and Culture Coordinator; b. Artist's submission to the Arts and Culture Coordinator of a report from an independent testing agency approving construction materials and methods; if requested c. Final inspection and approval of the installation of Artwork at the Site by the Arts and Culture Coordinator and City Building Official; and d. Full restoration of the Site, including restoration of landscaping and any aboveground or underground facilities, to pre-installation conditions. 6. Submission of Maintenance Plan and Final Acceptance: $5,000.00 shall be paid to the Artist within thirty(30) days of Submission of Maintenance Plan and Final Acceptance. Submission of Maintenance Plan and Final Acceptance shall be defined as: a. Artist's submission to the Arts and Culture Coordinator of a recommended maintenance plan for the Artwork b. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City; express waiver of Artist's right, title, or interest in the Artwork; and waivers of lien from any and all sub-contractors and major materials suppliers; which agreement shall be prepared by the City Attorney's Office. c. Meridian City Council's approval and execution of the acceptance agreement; and d. City Council's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. III.TIME OF PERFORMANCE. A. Monthly Communication. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Artist will communicate monthly with the Arts and Culture Coordinator about project updates. B. By 5:00 p.m.,March 3, 2025: Artist shall be responsible for installation of Artwork at Chateau Park. The Arts and Culture Coordinator may extend the date of installation of Artwork for a reasonable amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to a written agreement by the Parties. C. By 11:59 p.m.,April 7, 2025: Provided that Artist has completed Installation, as provided herein, the Parties shall execute Final Acceptance of the Artwork. TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE 3 D. Time of the essence. The Parties acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. E. Inspection. Upon the Arts and Culture Coordinator's request, the Artist shall provide the Arts and Culture Coordinator and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline and the proposal as described and depicted in Exhibit A hereto or as otherwise mutually agreed by the Parties in writing. If during such inspection, or in the course of the approval processes required herein, the Arts and Culture Coordinator or City concludes that the Artwork or any portion or component thereof do not conform to the timeline or to the proposal as described and depicted in Exhibit A hereto or as mutually agreed by the Parties in writing, notice of the specific non-conformity and request for Artist to address the specified non-conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen(14) days to address and correct any non-conformity. If, upon Arts and Culture Coordinator's re-inspection, the Arts and Culture Coordinator concludes that the Artwork or the nonconforming portion or component thereof remain nonconforming, termination procedures may commence. City's failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. IV.MAINTENANCE AND REPAIR. A. Two years following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City's Final Acceptance of the Artwork, and during such time shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such period Artist shall not be required to replace or repair any damage to the Artwork caused by City's employees, by vandalism, or by an act of God. B. Determination of need for repair. At all times, including in the first two years following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION,INTEGRITY,AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights. Between Artist's Final Completion and City's Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Artwork. Artist understands that this waiver shall include waivers of the rights of reproduction, adaptation,publication, and display, except as otherwise permitted by this Agreement. Artist agrees to relinquish any and all rights, title, and interest to the Artwork developed in connection TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE 4 with this Agreement, and hereby expressly waives any rights Artist has to the Artwork, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Originality of Artwork. Artist also warrants that,unless otherwise stipulated in writing, the Artwork is original, that it is an edition of one (1), and that Artist is the sole creator and owner of all rights in the Artwork and the design thereof. Artist shall not sell, license, perform or reproduce the Artwork or a substantially similar copy of the Artwork without the prior written consent of City. However, nothing contained herein shall prevent the Artist from creating future works in Artist's style and manner of working. The Artist shall not reproduce the Artwork, or any portion thereof, in a way which reflects poorly upon, disparages, or discredits the City or the Artwork. C. Ownership. Upon City's Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City's sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork,provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three- dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE 5 prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. If any alteration occurs to the Artwork after installation, whether intentional or accidental and whether caused by City or others,upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist, unless otherwise allowed by Artist in writing. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. I. Removal from display. City shall have the right to remove the Artwork from Site and/or from public display. In the event that City determines that the Artwork or any component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. J. Subcontracting or assignment of obligations.Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise, including, but not limited to, such obligations as transport and installation of the Artwork, and other obligations as outlined in Artist's proposal as set forth in Exhibit B. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or business invitees, occurring before City's Final Acceptance of the Artwork. B. Waiver. Artist waives 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 Artist'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. C. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00)per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE 6 components or materials thereof, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Upon completion of the sculptures, through City's Final Acceptance of Artwork, Artist shall procure and maintain, at Artist's own expense, in an all-risk form with limits of not less than fifty thousand($50,000), and any deductible not to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven(7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. E. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four(24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City shall obtain property insurance for the Artwork. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE 7 specify the grounds for termination. The defaulting party shall have thirty(30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any verified additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs,plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen(14) days' notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs,plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to Artist's estate until such time as the exact amount of damages due to City from Artist or Artist's estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist's estate of liability to City for damages. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE 8 B. Exhibits. All exhibits to this Task Order are incorporated by reference and made a part of hereof as if set forth in their entirety herein. C. Entire agreement. This Task Order constitutes the entire agreement between the Parties regarding the Scope of Services described herein. This Task Order supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, whether before or after the execution hereof, regarding the Scope of Services described herein. The terms of this Task Order may not be enlarged, modified or altered except upon written amendment signed by both parties hereto. D. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving the Task Order. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: A h"- Ken McCall Manager, McCall Studios LLC CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 8-27-024 Chris Johnson, City Clerk 8-27-2024 TASK ORDER FOR FABRICATION AND INSTALLATION OF CHATEAU PARK PUBLIC ARTWORK PAGE 9 EXHIBIT A Park Identity and Theming Public Art Project Chateau Park Meridian , ID Final Proposal Ken McCall Final Proposal Mix Match CHATEAU PAR , ik WE � 1 ti 5 pp ._ - 'w3- �.•'F-. .W:- l'Y 1�Li� _ .yk3`�., ^Lja•.ty .E.--.a '•.•r-:sf.' • .�.' ,=•.Y�_ . : � •: ,__em�s � •1'• '°irk ��-�r�yi ��w rV�_ ��^r _ •��A v ivi+'� .A•-T _ _ Inspired by the idea of a garden theme, this flower bench represents a stylized yellow cone flower while providing the interactive element of being seating. I � ••r� fir' J r �� 7,k 0 r � r 1 11 IN 11 !f a Al r- The composition bench will depict sunflowers, provide seating and incorporate an educational aspect by having the scientific name cut out of the front. r .. r L' S �TL1DIDS • fA k 1 �' � r • I y R' r The three sculptures will represent flowers native to Idaho as well as ; pollinators: each will have a three- , dimensional hummingbird, bumble bee or butterfly affixed to the blossom. �f f FLO � BEN r �• .,. t consistMaterials will of powder coated steel and painted aluminum. Maintenance will be minimal — washing with mild detergent and water as desired and checking hardware OT/-00", 40 400 1r � M�cnL� sruo�os I CHATEAU PARK BUMBLE BEE �cn�� sruoios i CHATEAU PAS, WOW, FLOWER BENCH �� �/ _ flower _ CHATEAU PARK • I • FLOWER BENCH bench of t2r J_ c approximately 30 and will be ADA 9 a OW ig The composition bench will stand '( 'ha � about 4 feet tall , be approximately 5 feet wide and will be ADA compliant. q . 1.1 S i 1I U 5 A N IN !1 5 CHATEAU FLOWER The entrance sign will stand 1 10 • • • - feet - • / feet wide. All edges/points will be rounded for safety. JIM - CHATEAU P�RK _ FF - - FLOWER SIGN / J • PARK BUMBLE BEE CHATEAU PARK 18" BUTTERFLY CHATEAU PARK im `APPROXIMATE DIMENSIONS s 16�a HUMMING BIRD *APPROXIMATE DIMENSIONS CHATEAU PARK 16.11 `APPROXIMATE DIMENSIONS s .a Budget Engineering $2,000 Insurance $500 Permits $500 Materials $10,000 Fabrication $22,000 Concrete $4,000 Transportation/Installation $2,000 Contingency $3,000 Artist Fee $1 ,000 Total $459000 The sculptures will take approximately 6 months to complete after the contract is signed, engineering is stamped and permits are obtained: Order/Delivery of Materials 1 month Fabrication 4.5 months Concrete/Installation 2 weeks `p1:,2;.� '+ 1F .-� - .tir: ram.?:T'�z�aJ";Tti Yr37• J,. ag'�'xs. - ., ^ty,;-�, ar�:.ti'- - �n ,;�tiY'^. .� •?-Y.*.a�il"7ri'o�f"ks�q�=•`�£iV�A_�.+�. r'i;R�'r/�'+�;,�se: _y�.�}_•.,N-^t' .. .7`'•{xA� "w�'j.S�"4 �^a'•�:��},�•�.`ti�..� *' ,� �r..�}.�L��i 6/ e a� y't`}r( •�ri:x� Fi v.. `.x•'•''A�,�FJ' .. rl.M4i_ •y •�; e "�,�!' �,}�.'Sf4` `5...! !.. ^ �� �i t,.F;E c'"' ? e .L tom►'^ �4.v?!o� r. # r. ,t'jr. ','4r ..• . �'S� +� �.. .�.'�t<''7• -,,�q. .?vim 'f�� a.. r�r =.. .�s�•��3:w� �i:.sY'4 � � —� -f^^. _ Z 4•'m '.R• � "fi �•^ - _ L Lek � ':�.,.� �a .'I,y riC. �^[i_.Jj'�y_Sl;e�Y7•� ���.�['f�,:..`Ii'e�{.T- 1.�f•' y� .; � Y' � Iy.� �{:. �� �• 1f ,�. •�V ,�•__ i ff �. l':��rw.. it '�n���i t..y�'V. r. � - •ice;• �'� • ;,�, � r •�. ,�a� r'. `'r-' Wig- ;' w }�y� i`E�;"�`�'-�'R:;�++g`- ,yY•• � r E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement between the Idaho State Historic Preservation Office (SHPO) and the City of Meridian to Receive a Grant Award of$12,000 for Eligible Project Costs on an Updated Historic Preservation Plan for the City of Meridian CLG-2024-06 IDAHO CERTIFIED LOCAL GOVERNMENT GRANT MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT ("Agreement") is entered into by the Idaho State Historic Preservation Office ("SHPO"), a division of the Idaho State Historical Society, and Meridian (UM 028-451-367 ("Grantee"), effective as of the date of final signature ("Effective Date") and relates to a project to be undertaken by the Grantee, with financial assistance from a National Park Service ("NPS") matching grant in aid program (Assistance Listing No. 15.904 -- Historic Preservation Fund �E— Grants-In-Aid; Federal Award Identification Number: PXL1 krO IIcV. ) supporting the Certified Local Government ("CLG") and National Register of Historic Places programs in Idaho, administered by SHPO. The National Register of Historic Places program was established by the National Historic Preservation Act of 1966, as amended, and is administered by the National Park Service, U.S. Department of the Interior. The SHPO and the Grantee agree as follows: 1. Application, Project Description and Budget. Grantee submitted an Application (Attachment A) for Historic Preservation Plan ("Project") for FY24. SHPO has reviewed the Application and has determined that SHPO will provide a matching grant in aid from the National Park Service to assist Grantee with a portion of costs related to the Project as described in Attachment B ("Project Description"). Grantee hereby agrees to carry out the Project work as described in Attachment B within the budget set forth in Attachment C ("Project Budget"). All funds provided by SHPO for this Project siTa1 be federal funds from the National Park Service. No state funds shall be used under this Agreement. 2. Period of Performance. The Idaho Certified Local Government Grant program period shall begin 1 October 2023 and end 30 September 2026. Work under this Project shall commence after the Effective Date and shall be completed no later than 30 September 2026. Prior to the Certified Local Government incurring expenses on this Memorandum of Agreement, a fully executed copy of the MOA must be in place. 3. Allowable Costs. Allowable Project costs are for items described in Attachment B and are included within the Project Budget set forth on Attachment C. Allowable Project costs must be documented to the satisfaction of SHPO and determined by SHPO to: a. Meet federal requirements as set forth in the Office of Management and Budget Guidance Property Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Rules, 2 C.F.R. Part 200, and any amendments thereto; b. Be allowable under the U.S, Department of the Interior, National Park Service, State, 1 9LG-2024-06 Tribal, Local Plans & Grants Division, Historic Preservation Fund Grants Manual (]Line 2007), https;/[www,_nps.uovlorg5 6231t�gf-grater [�manual.htm; c. Be necessary and reasonable for the completion of the Project; d. Have been incurred for the Project during the Period of Performance as described in Section 2 of this agreement; and e. Meet the Project description outlined in Attachment B. 4. Project Payment. Upon successful completion of the Project as described in Attachment B, Grantee is awarded $12.000 in CLG Grant funds. Grantee agrees to contribute cash or donated services to the Project in the minimum total of$12.000 or 50% of eligible Project costs, whichever is less, Upon SHPO's verification of successful completion of the Project by Grantee, Grantee may submit a request for reimbursement by SHPO. With prior approval from SHPO, Grantee may request partial reimbursement from SHPO after the completion and acceptance by SHPO of each completed milestone activity for the Project, as agreed to by SHPO and Grantee. All bills submitted must include supporting fiscal documentation detailing the federal and non-federal share of Project costs. Reimbursements will be made by SHPO for expended funds only. Grantee's final request for reimbursement shall include a comparison of completed activities and budget to those in the approved Project Budget. Grantee agrees to maintain all financial and administrative documents and records pertaining to the full Period of Performance of this grant as described in Section 2 of this agreement for a period of not less than five (5) years after completion of the Project. S. Procurement of Personnel and Services. a. Grantee shall comply with the United States Office of Management and Budget Guidance Property Standards Rules, 2 C.F.R. §§ 200.310 through 200.327, and any amendments thereto, for soliciting supplies, equipment and other services. At a minimum, all procurement transactions, regardless of whether by sealed bids or by negotiation, and without regard to dollar value, shall be consistent with the requirements of 2 C.F.R. §§ 200,310 through 200.327, and any amendments thereto. Procurement procedures shall not restrict or eliminate competition. Written selection procedures shall include, at a minimum, the following procedural requirements: 1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured, Such description shall not, in competitive procurements, contain features which unduly restrict competition, The description may include a statement of the qualitative nature of the material, product, or service to be procured. When necessary, descriptions shall set forth those minimum essential characteristics and standards necessary to satisfy its intended use. Detailed product specifications should be avoided, if possible. When a clear and accurate description of the technical requirements is impractical or uneconomical, a "brand name or equal" description may be used as a means to -2- CLG-2024-0b define the performance or other salient requirements of a procurement. The specific features ok the named brand which must be met shall be clearly stated. ii. Clearly set forth all requirements which must be fulfilled and all other factors to be used in evaluating bids or proposals, such as a deadline for completion of the Project. iii. Contract awards shall be made only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources, iv. Contract awards shall not normally be made to a contractor or professional who has developed or has drafted bid specifications, requirements, a statement of work, an invitation for bids, and/or a request for proposals for a particular procurement. If formal advertising does not result in any acceptable bids, Grantee or subgrantee may negotiate with any available contractor, Including the contractor who produced the bid requirements. b. Procurement shall be made by one of the following methods: (1) small purchase procedures; (2) competitive sealed bids (formal advertising); (3) competitive negotiation; or (4) noncompetitive negotiation. Evidence of competitive negotiation for professional services and/or formal advertising must be forwarded to SHPO to evidence compliance with federal procurement requirements prior to disbursement of funds; C. Grantee shall include all of the of the terms and conditions of Attachment D ("Required Conditions for CLG Subagreements") of this agreement in any and all agreements between Grantee and any consult or contractor, 6. Project Supervision. Grantee agrees to ensure that work performed related to the Project conforms to Attachments B and C, to all appropriate guidance documents from SHPO, and to the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, 48 Fed, Reg. 44,716 (Sept. 29, 1983), avai able at i?ttps llwww.n s. ov ub'ects historic r servo ion./s andards.htm. 7. Interim Reports and Requests for Reimbursement. Grantee shall submit to SHPO Interim fiscal and programmatic reports in compliance with the schedule set forth in the SHPO, Idaho State Historical Society, Idaho Certified Local Government Grant Manual, available at: httgs�1h tory,ldaho,.gov�-rW, Reimbursement requests can be made for federal funds at the completion of the Project. Within thirty (30) days after the completion of the Project, 100% of the federal grant award must be requested, Grantee shall contact SHPO immediately in writing if any situation arises that will affect the -3- CLG-2024-0fi timely or successful completion of this Project, 8. Indemnification. To the extent not prohibited by Idaho law, Grantee shall indemnify, defend, and save harmless the State of Idaho, SHPO, and the Idaho State Historical Society, its officers, agents, and employees from and against ail liability, claims, damages, losses, expenses, actions, and suits whatsoever, Including injury or death of others or any employee of the contractor or subcontractor caused by or arising out of the negligent acts or omissions of Grantee in the performance, act or omission of any term of this Agreement. 9. Amendment. This Agreement shall not be amended without the parties' prior written agreement. Any major alterations, increases, or decreases in the Project or any changes to the Project Budget must be submitted in writing for review and approval to SHPO at least 30 days In advance of the proposed Project commencement date and in accordance with the requirements detailed in the SHPO, Idaho State Historical Society, Idaho Certified Local Government Grant Manual, available at: httjjsJlhistorv.ida,ho.uov/clot. SHPO will endeavor to respond to requests for review and approval in writing within 15 days of receipt, 10.Attachments. All attachments referenced herein and attached hereto are incorporated into the terms of this Agreement, 11.Termination. This Agreement may be terminated by either party upon fifteen (15) days'prior written notice. Should this Agreement be terminated by SHPO, except for reasons of non-compliance by Grantee, SHPO will reimburse Grantee for up to 100% of the eligible costs incurred up to the termination date, Should this Agreement be terminated by Grantee, SHPO, at Its sole and absolute discretion, may reimburse Grantee for up to 100% of the eligible costs incurred prior to the termination date, or may require Grantee to return any or all federal funds transferred to Grantee prior to the termination date, depending upon the circumstances of the termination, 12.Special Conditions. The Idaho State Historical Society reserves the right to include any additional special conditions on this Agreement as outlined below: -4• CLG-2024-06 a. Meridian shall provide a copy of any Request for Proposal or other solicitation for consultant services for review and approval by the Idaho State Historic Preservation Office; b. Meridian shall provide the Idaho State Historic Preservation Office a copy of an executed contract with a contractor for completion the Meridian Historic Preservation Plan project prior to any work being done, said contractor meeting the Secretary of the Interior's Professional Qualification Standards: Federal Register Vol. 62, No. 119, p. 33719, 1997 (36 CFR part 61) in at least one (1) of the following fields: Architectural History; Historic Architecture; Historic Preservation; Historic Preservation Planning; or History; c. All drafts of the HP Plan shall be submitted to SHPO staff in Word format (no PDFs); d. The Meridian Historic Preservation Plan must include an acknowledgement of the National Park Service, as outlined in the Idaho Certified Local Government Grant Manual; e. Meridian shall submit an in-progress draft of the HP Plan to SHPO staff on or before 31 January 2026 for review and comment; and f. Meridian shall submit a completed draft of the HP Plan to SHPO staff on or before 31 May 2026 for final review and approval. ID STATE H T RICALS ETY: Janet ore, Executive Director Da o State Historical Society Idaho State Historic Preservation Officer GRANTEE: CILV of Meridian A�— C 8-27-2024 Name Date Print: Robert E. Simison Title: Mayor, City of Meridian Authorized Re resentatjyAfor ntee,. Attest: Chris Jolln, Me ian. y Clerk 8-27-2024 5 CLG-2024-06 ATTACHMENT A: APPLICATION sf� '.;AT Ik"• ') sc Idaho State Historic Preservation Office FE iOFFICESCrrVAiIOFi nrt" Certified Local Government Subgrant Application I kOti'a`G+„aC191, FY2024 Application Coversheet Applicant/Local Government Name; Meridian Historic Preservation Commission (MHPQ Address: 33 East Broadway Ave, Address: Meridian, Idaho 83642 Telephone: UEI No.: 028-451-367 City/County Staff Contact Name: Cassandra Schiffler, Meridian Arts and Culture Coordinator Address: 33 E Broadway Ave. Ste, 206 Address: Meridian, Idaho 83642 Telephone: T E-mail: Grant Coordinator (if different from City/County Staff Contact) Name; Address: Address: Telephone; E-mail: Budget Summary Total CLG Grant request: $15,000 Total Matching share: $12,500 Total cost of all project(s): $27,500 Sources) of match: $2,500 MHPC cash; $10,000 In kind staff/volunteer hours Please provide a more detailed budget breakdown on the attached budget form. Authorization The undersigned certifies that he/she is authorized to apply for this subgrant on behalf of the local government, to commit local matching funds to the project, and to enter Into a contract If the subgrant is awarded. Signature: pate: �2y unty Chief lest official's signature Print: Robert Simison Title: City of Meridian, Mayor FY2024 CLG Subgrant Application: Cover Sheet Project; Historic Preservation Plan for the City of Meridian Applicant; Meridian HPC Part A: Proposed Project Project Description Complete a separate Part A: Project Description for each proposed project. Please state the objectives, the work to be performed, how the project relates to the goals set forth in the Idaho State Historic Preservation Plan, how the project relates to any local goals or objectives,and how the project will meet the Secretary of the Interior's Standares. The Meridian Historic Preservation Commission(MHPC)wishes to create an updated Historic Preservation Plan for the City of Meridian. The City of Meridian has experienced tremendous growth and is now the second largest city in Idaho.In times of rapid growth, historic sites and buildings can often be neglected or demolished. It is important that the history of Meridian continues to be responsibility preserved and protected.The City of Meridian's Comprehensive Plan supports creative opportunities which allow historic resources to remain in active and productive use while maintaining their historic character.Towards that goal,the city has a Historic Preservation Plan.The current Plan was crafted in 2014.As it is coming up on the ten-year-old mark,and as recommended by SHPO,it is now an advantageous time to update the plan and make it more robust. To accomplish this goal,the MHPC plans to contract with a professional historic research consultant who is trained and experienced in this area,The consultant will work with the City and the Historic Preservation Commission to deliver a complete Historic Preservation Plan that meets all requirements,is within the budget,and is delivered in the agreed to time period.Once those goals are accomplished,the project will be complete. This project is in direct alignment with the Idaho State Historic Preservation Plan's stated goals.The Plan will create a local preservation plan to help ensure that Meridian decision makers and the general public are informed and knowledgeable about historic preservation issues,practices,and opportunities;it will create an opportunity for people to take an active role in historic preservation efforts;it will help efforts to transition into the 21st century through current best practices and technologies,and it will provide the financial support to ensure historic preservation efforts locally.This plan will follow the Secretary of the Interior's Standards and Guidelines for historic preservation,and will fulfill the MHPC's mission to to preserve the character and fabric of historically-significant areas and structures within the City of Meridian to honor and preserve its rich heritage for future generations. Final Products CLG grant projects should result in a tangible product. Provide a detailed and specific list of the expected final products. Typical products include but are not limited to survey reports and forms; published document(e.g. walking tour guide); a National Register nomination; or similar. In some cases, the product may be an activity like a lecture or workshop. A short narrative describing the event must be submitted to the SHPO at the completion of the project. The narrative will describe the number of people attending, who composed the audience,and whether the project was carried out according to the proposal. The final product of this project is an updated Historic Preservation Plan for the City of Meridian.The final plan will include,at a minimum:an introduction:a history of Meridian;an overview of relevant regulations,codes,laws;an overview of the National Register of Historic Places and a list of locally recognized sites;an overview of the CLG program;a SWOT analysis;a recommendation for Vision,Goals,Objectives,and Strategies for future preservation efforts; an implementation plan;and a community input survey.The plan would be presented and recommended to City Council to approve and adopt. The MHPC is currently working on an RFP for the plan,and a current version of the draft RFP is attached to this grant. FY2024 CLG Subgrant Application: Part A Project: Historic Preservation Plan for the City of Meridian Applicant: Meridian HPC Timetable Provide an anticipated timetable for carrying out the proposed project, Include significant milestones such as project commencement, issuing of RFPs, public engagerrent events,any necessary appro•::,Is, and projected completion. March 2024•SHPO notifies applicants of grants awarded or not awarded April 2024•RFP for Historic Research Consulted to complete a Meridian Historic Preservation Plan issued May 2024-HPC reviews RFP applications,selects historic research consultant June 2024-contract negotiated with consultant September 1,2024:Project Start date.dependert on SHPO receiving its notice of funding from the National Park Service September 2024•July 2025:consultant to create updated Meridian Historic Preservation Plan,monthly in-progress reports will be sent to MHPC.Completed first draft due by July 1,2025 August 2025:-IPC review of draft September 2025:HPC shall submit a final copy of the Historic Preservation Plan to SHPO (`September 1,2026 Final projects and reimbursement request due,as per SHPO guidelines) Key Staff/Personnel Provide a list of the key staff or personnel who will be Involved in the proposed project, including a brief description of the roles and responsibilities for each member.Any anticipatec subcontractors to be hired can simply be Identified as such (e.g. -"consultant," "architect,""building contractor,"et cetera). Cassandra Schiffier,Meridian Arts and Culture Coordinator:City Staff-coordinate and manage contracting,marketing logistics, documentation,ensure all deliverables are met Meridian Histcric Preservation Commission:review and approve work completed by consultant,assist consultant with any volunteer tasks as needed for plan Patrick Gittings,Meridian Historic Preservation Commissioner:Lead Project Manager for HPC Historic Research Consultant:research,write,and complete the Historic Preservation Plan Brian McClure,City of Meridian Long Range Planner:Review plan and answer any questions from the Historic Research Consultant I Attachments (Surveys, A&D, reprinting) Attach any additional documents in support of th s project application. Note: some project types have required attachments; please refer to Chapter VII of the Idaho CLG Grants Manual for details on these requirements. Have you included any/all attachments for the project? Yes No FY2024 CLG Subgrant Application: Part A Project: Historic Preservation Plan for the City of Meridian Applicant: Meridian HPC Part B: Project Budget Applicant: Meridian HPC Project• Historic Preservation Plan for the City of Meridian Provide a breakdown of the budget items for this specific project. Include hourly or daily rates for professional fees, costs for specific project items, and any associated travel costs. For any cash matches from the Applicant, please include the source of the matching money(e.g. -CDBG, Idaho Heritage Trust, private donation, et cetera). Item 1 Federal Local Match Total Share Cash In-Kind Cash match from Meridian HPC budget 2500 2500 Estimated volunteer time from HPC commissioners 3000 3000 Estimated City Staff administrative support time 7000 7000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Subtotals 2500 10000 Totals 0 12500 12500 FY2024 CLG Subgrant Application: Part B Meridian Historic Preservation Plan RFP Draft 1. Introduction The City of Meridian has experienced tremendous growth and is now the second largest city in Idaho. In times of rapid growth historic sites and buildings can often be neglected or demolished. It is paramount that the history of Meridian continues to be responsibly preserved, protected, and experienced, not just remembered.The City of Meridian's Comprehensive Plan supports creative opportunities which allow historic resources to remain in active and productive use while maintaining their historic character.Towards that goal, the city has a Historic Preservation Plan. The current Plan was crafted in 2014. As it is coming up on the ten-year-old mark it is advantageous to update the plan and make it more robust. 2. Project Description The city wishes to update the existing Meridian Historic Preservation Plan 2014.The new plan will be effective for 10 years and meet the requirements of the Certified Local Government Program (CLG)as well as other requirements.To accomplish this goal,the city plans to contract with a professional consultant who is trained and experienced in this area. The consultant will work with the city and the Historic Preservation Commission to deliver a complete Historic Preservation Plan that meets all requirements, is within the budget, and is delivered in the agreed to time period. Once those goals are accomplished,the project will be complete. 3. Project Schedule and Deliverables The project schedule and deliverables are established by the CLG Grant Program agreement between the City and SHPO. This agreement requires: Deliverable Description/Comment Historic Preservation Plan The consultant will work with the city and the HPC to deliver a complete Historic Preservation Plan per requirements. Monthly progress reports The consultant will provide HPC with monthly updates including progress against requirements. Schedule 0 The Consultant will begin work on or before September 1,2024, • The Consultant shall submit a draft of the (Historic Preservation Plan]to HPC on or before July 1,2025,for review and comment,' • The City of Meridian shall submit a final copy of the [Historic Preservation Plan] to SHPO staff on or before September 30, 2025. All related project The consultant may produce documents or data related to this project which shall artifacts become the property of the city. Summary of all project At the end of the project,the consultant will present a summary report of all work work products completed to the Historic Preservation Commission. Page 1 of 8 Meridian Historic Preservation Plan RFP Draft a. Project Area The project area for the project shall include the City of Meridian,and its area of impact.An area of interest shall also include the Old Town district of the city. s. Staffing and Budget The city anticipates an approximately 12-month timeline and a consultant project budget of $17,500, not including printing cost or in-kind volunteer and staff hours. Per the agreement between the City and SHPO,the financial breakdown of the consultant budget is as follows: CLG grant: $15,000 Local cash match: $ 2,500 Consultant Budget:$17,500 The consultant budget includes all tasks in the scope of work,deliverables,and consultant travel. The selected consultant will conduct activities identified under the tasks listed below and ultimately produce the preservation plan. The City is the ultimate client of the consultant.The funding is provided by SHPO's CLG Grant Program, and primary oversight will be provided by the Historic Preservation Commission and City Staff. Key staff and personnel in this project include: Meridian Arts and Culture Coordinator: coordinate and manage contracting, marketing, logistics, documentation, ensure all deliverables are met Meridian Historic Preservation Commission: review and approve work completed by consultant, assist consultant with any volunteer tasks as needed for plan City of Meridian Long-range Planning: Review plan and answer any questions from the Historic Research Consultant Historic Research Consultant: research,write, and complete the Historic Preservation Plan 6. Scope of Services The Historic Preservation Plan shall include: I. Introduction—The Purpose of the Preservation Plan a. Meridian's rich history and its contribution to the community b. The importance of historic preservation in maintaining Meridian's character c. The need for an historic preservation plan II. Regulations, Programs&Management a. The National Historic Preservation Act of 1966 b. Federal government's responsibility to protect historic resources c. Partnership with states,tribes, and local governments Page 2 of 8 Meridian Historic Preservation Plan RFP Draft III. National Register of Historic Places a. Recognition of historic properties b. Listing on the National Register IV, Certified Local Government Program a. Partnership between local, state, and national governments b. Assistance for local historic preservation efforts V. History of Meridian a. Settlement and development linked to irrigation b. Establishment of canals and irrigation districts c. Growth of agriculture, fruit orchards, and dairy industry d. Meridians history with minority groups such as Chinese, Hispanic, and Indigenous populations. e. Transition from rural center to urban community VI. Historic Preservation Accomplishments a. Establishment of the Historic Preservation Commission b. Meridian's designation as an Idaho Heritage City c. Certified Local Government status d. Historic resources surveys and documentation e. Use of maps, charts,tables, photographs, and illustrations VII. Public Survey and Community Outreach a. Summary of issues and concerns from the public,qualified experts,the HPC, County and City government boards, and Idaho SHPO. VIII.Current Historic Preservation Tools and Conditions;SWOT analysis IX. Vision, Goals, Objective, and Strategies for future preservation efforts a. Investigate current incentive programs in the City of Meridian and other cities. b. Recommendations for Historic Preservation Districts in Meridian c. Recommendations for educational programs to expand the public's awareness of historic preservation. X. Implementation Plan with priorities and resources XI. Reference information XII. Maps and surveys XIII.Survey of National Register of Historic Places Nomination Forms XIV.Historic Sites Inventory 7. Required Activities Research the City of Meridian's current municipal code, zoning regulations, building code,ordinances, design review guidelines and standards, policies,and programs regarding historic preservation. Make recommendations for additions and improvements. Perform a thorough SWOT analysis. Explore new policies and regulations that will maintain historic neighborhoods as livable,affordable communities. Research the step-by-step process for restoring a historic building in Meridian. Page 3 of 8 Meridian Historic Preservation Plan RFP Draft Develop recommendations so that the City of Meridian is helping, not hindering the process of preservation and restoration of buildings and sites. Investigate current incentive programs in the City of Meridian and other cities. Make recommendations about tax incentives,grant programs,and other financial incentives available to maintain and rehabilitate historic structures Research the process that building owners must go through to restore a historic building.Talk to owners of historic properties to ensure the process is working. TAG has identified two areas that are potentially eligible for the national historic register.The report should be documented,with recommendations on next steps. Survey community and other interested stakeholders to ascertain interest in historic preservation Develop a step-by-step process for owners of historic buildings.Create an awareness program. Make recommendations for incentivizing preservation instead of demolition,and develop a realistic, integrated workflow to implement within or modifying the existing development review process. Interview building owners who preserved or restored a building in the city of Meridian and make recommendations. s. Contract Type The selected proposer(s) will be required to execute a professional services agreement with the City of Meridian that includes a not-to-exceed cost.Terms will be negotiated with the successful consultant.The contract period for the services contemplated by this RFP is expected to be through September 30, 2025.The terms of the contract shall commence upon the awarding of the contract.The successful consultant will be required to provide general liability insurance. 9. Qualifications and Evaluation The selected consultant must meet the minimum qualifications in at least one of the following fields as outlined in the draft revisions to the Secretary of the Interior's Historic Preservation Professional Qualification Standards that were published in 1997(also referred to as Notice 1997). Additionally, the grant agreement between the City of Meridian and SHPQ specifies that a professional in one of the following professions must be selected to prepare the Historic Preservation Plan for Meridian.Special preference will be given to Historic Preservation Planners. • Architectural History • Historic Architecture • Historic Preservation Planning • Historic Preservation • History Page 4 of 8 Meridian Historic Preservation Plan RFP Draft Standard for Architectural Historian (a) The applicant, an employee, consultant, or advisor will have a graduate degree in Architectural History or a closely related field of study(see Academic Background for Architectural History), plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Architectural History that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Architectural Historians); or (b) An undergraduate degree in Architectural History or a closely related field of study (see Academic Background for Architectural History), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of Architectural History that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historians). Standard for Historical Architect (a) The applicant, employee, consultant, or advisor will have a State Government-recognized license to practice Architecture, plus, a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Architecture that enables professional judgments to be made about the evaluation,documentation,or treatment of historic structures in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historical Architects); or (b) A Masters of Architecture degree with demonstrable course work in Architectural Preservation, Architectural History, Historic Preservation, Historic Preservation Planning, or a closely related field (see Academic Background for Historic Architecture), plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Historic Architecture that enables professional judgments to be made about the evaluation, documentation, or treatment of historic structures in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historical Architects); or (c)A Bachelors of Architecture degree with at least one year of graduate study in Architectural Preservation, Architectural History, Historic Preservation, Historic Preservation Planning, or a closely related field (see Academic Experience for Historic Architecture), plus a minimum of two (2) years of full-time professional experience applying the theories, methods and practices of Historic Architecture that enables professional judgments to be made about the evaluation, documentation, or treatment of historic structures in the United States and its Territories; and Page 5 of 8 Meridian Historic Preservation Plan RFP Draft products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historical Architects). Standard for Historic Preservation Planner (a) The applicant, employee, consultant, or advisor will have a State Government-recognized certification or license in Land-use Planning, plus, minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation Planning that enables professional judgments to be made about the identification, evaluation, documentation, registration, protection, or treatment of historic and archeological properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservation Planner); or* * *. (b)A graduate degree in Planning with demonstrable course work in Historic Preservation, or a graduate degree in a closely related field of study with demonstrable course work in Historic Preservation (see Academic Background for Historic Preservation Planning), plus a minimum of two(2)years of full-time professional experience applying the theories,methods,and practices of Historic Preservation Planning that enables professional judgments to be made about the identification, evaluation, documentation, registration, protection, or treatment of historic and archeological properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservation Planner); or* * *. (c) An undergraduate degree in Planning with demonstrable course work in Historic Preservation or an undergraduate degree in a closely related field of study with demonstrable course work in Historic Preservation (see Academic Background for Historic Preservation Planning), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation Planning that enables professional judgments to be made about the identification, evaluation, documentation, registration, protection, or treatment of historic and archeological properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservation Planner). Page 6 of 8 Meridian Historic Preservation Plan RFP Draft Standard for Historic Preservationist (a) The applicant, employee, consultant, or advisor will have a graduate degree in Historic Preservation or a closely related field of study (see Academic Background for the Historic Preservation discipline), plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservationists); or * * *. (b) An undergraduate degree in Historic Preservation or a closely related field of study (see Academic Background for the Historic Preservation discipline), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation that enables professional judgments to be made about the identification,evaluation, documentation, registration, or treatment of historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservationists). Standard for Historian (a)The applicant, employee, consultant, or advisor will have a graduate degree in History or a closely related field of study (see Academic Background for History), plus a minimum of two (2) years of full-time professional experience applying the theories, methods,and practices of History that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historians); or* * * (b) An undergraduate degree in History or a closely related field of study (see Academic Background for History), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of History that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historians), See full details in the proposed Professional Qualification Standards document(Notice 1997), which is available online at: lit °. j/wwvv.ncptt.nps.gc�vjarkicles/r2ti/sc,i t�rofes�u�gal %alification-standards/ It is important to note that,as per the definitions,a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. Page 7 of 8 Meridian Historic Preservation Plan RFP Draft 10. Evaluation and Selection Proposals should demonstrate a clear understanding of the project and provide a summary of the team's qualifications, examples of successful projects, and proposed deliverables. Proposals should not exceed 20 pages and must include the following items: 1. Provide a cover letter, including a brief history of your firm, key personnel, and background experience, as well as a narrative addressing your interest in the project and your understanding of the anticipated work identified in this proposal. (20 points) 2. Please provide a detailed scope of work incorporating the tasks identified in the RFP, as well as a timeline for deliverables. (20 points) 3. Provide a detailed resume for all individual professionals you will have available for this project, if selected - including education, expertise, and experience. Please identify any partners, consultants or sub-contractors.(20 points) 4. Please list relevant and similar studies you have completed. Include the following: . Project description a. Conclusions and recommendations b. Start and completion dates c. Names of project personnel involved d. Project owner contacts—name,title and current phone numbers(20 points) 5. Please provide three(3) references from recent historic preservation planning engagements of similar size and scope, with name, title and current contact information.(10 points) 6. Please provide an itemized budget not to exceed$17,500. (10 points) The Historic Preservation Plan Subcommittee of the HPC and City Staff will perform the RFP evaluation. 11. Directions for Submission To be completed by Purchasing.Applicants will submit via BONFIRE application. Page 8 of 8 CLG-2024-06 ATTACHMENT B: PROJECT DESCRIPTION The following Projects have been approved for Idaho Certified Local Government Grant funding for FY24: Project #1: Historic Preservation Plan CLG ATTACHMENT C: PROJECT BUDGET(S) Project #1: Historic Preservation Plan :ITEM FEDERAL$ LOCAL $ TOTAL $ Consultant Fees 12,000 2500 14,50 In Kind Match 10,000 10,000 TOTAL $12,000 $12,500 $24,50 I r I I i CLG-2024-06 ATTACHMENT D: REQUIRED CONDITIONS FOR CLG SUBAGREEMENTS The following conditions must be included in any subagreement between the Certified Local Government and any consultant or contractor: 1. Consultant shall complete all work related to this project in accordance with the most recent version(s) of all applicable United States Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation; 2. All billable costs from the Consultant for reimbursement to the Certified Local Government shall be allowable under the most recent version of the United States National Park Service Historic Preservation Grants Manual; 3. Consultant shall complete all work related to this project in accordance with the most recent version(s) of all applicable guidance documents from the Idaho State Historic Preservation Office, including, but not limited to: Consulting with the Idaho SHPO; IHSI Manual of Instruction for Data Entry; ASI Manual of Instruction for Data Entry; the Idaho Certified Local Government Grants Manual; and any other appropriate guidance documents as identified by the Idaho State Historic Preservation Office; 4. Consultant shall complete all work related to the project in accordance with the Grant Agreement between the Certified Local Government and the Idaho State Historic Preservation Office; 5. Consultant shall make all revisions or modifications to submitted project materials as required by the Idaho State Historic Preservation Office. W IDIAN� AGENDA ITEM ITEM TOPIC: Nondisclosure and Confidentiality Agreement between the City of Meridian and Idaho Power Company C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: August 27, 2024 Presenter: Brian McClure, Long Range Planning Estimated Time: 0.5 minutes Supervisor Topic: Nondisclosure and Confidentiality Agreement with Idaho Power Company Recommended Council Action: Council please approve and Mayor please sign the agreement. Background: The City seeks GIS data owned by Idaho Power Company pertaining to the Eastern Treasure Valley Electrical Plan, including existing transmission lines (138-500W), all of the preferred and alternate 138 and 230 kV lines, and the existing, preferred, and alternate source and distribution substations. for City of Meridian internal planning purposes. This agreement establishes terms and conditions of the transfer of the data, and governs public disclosure of the data to the extent that data shared with City by IPC may include non-public, confidential, or proprietary in nature. Docusign Envelope ID:22846445-150C-4012-A409-9CB376023641 !'qqq IDW POMR. An IDACORP Company NONDISCLOSURE AND CONFIDENTIALITY AGREEMENT This NONDISCLOSURE AND CONFIDENTIALITY AGREEMENT("Agreement")is entered into to be effective as of the i i th day of July,2024("Effective Date")between the City of Meridian,Idaho("Recipient"),in favor of Idaho Power Company("IPC"). BACKGROUND In connection with GIS data owned by IPC pertaining to the Eastern Treasure Valley Electrical Plan, 2023-24 Update, including existing transmission lines(i 38-5ookV),all of the preferred and alternate 138 and 23o kV lines,and the existing,preferred,and alternate source and distribution substations for City of Meridian internal planning purposes only(the"Purpose"), Recipient desires to receive certain information from IPC that is non-public,confidential,or proprietary in nature. Some or all of the non-public,confidential,or proprietary information IPC may disclose may contain non-public information about IPC's transmission or generation system that may be considered CEII (as defined below). IPC generally does not make such information available,consistent with certain regulatory and security requirements. IPC desires to disclose such non-public,confidential,or proprietary information to the Recipient,subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual obligations and undertakings in this Agreement, the sufficiency of which is acknowledged, IPC and Recipient agree as follows: i. Confidential Information.Except as set forth in Section 2 below,"Confidential Information"means: (a) All non-public,confidential,or proprietary information disclosed by IPC to Recipient or its affiliates,or to any of such Recipients or its affiliates' employees, officers, directors, shareholders, agents, attorneys, accountants or advisors (collectively,'Representatives"),whether disclosed orally or disclosed or accessed in written,electronic or other form or media,and whether or not marked,designated or otherwise identified as"confidential'(in such cases where not so marked or designated,where it would reasonably be expected in the industry that such information would be deemed confidential), which may include(i)all information concerning IPC's and its affiliates',and their customers',suppliers"and other third parties'past,present and future business affairs including,without limitation,finances, customer information,supplier information,products,services,organizational structure and internal practices,forecasts,sales and other financial results, records and budgets,and business,marketing,development,sales and other commercial strategies;(ii)IPC's unpatented inventions, ideas, methods and discoveries, trade secrets, know-how, unpublished patent applications and other confidential intellectual property;(iii)all designs,specifications,documentation,components,source code,object code, images,icons,audiovisual components and objects,schematics,drawings,protocols,processes,and other visual depictions, in whole or in part,of any of the foregoing;(iv)any third-party confidential information included with,or incorporated in, any information provided by IPC to Recipient or its Representatives;and(v)all notes, analyses,compilations,reports, forecasts,studies,samples,data,statistics,summaries,interpretations and other materials(the"Notes")prepared by or for Recipient or its Representatives that contain,are based on,or otherwise reflect or are derived from,in whole or in part,any of the foregoing;and (b) All Critical Energy/Electric Infrastructure Information("CEII"),as defined by the Code of Federal Regulations,Title 18, Section 388. CEII includes both Critical Energy Infrastructure Information and Critical Electric Infrastructure Information. As used in this Agreement, Critical Energy Infrastructure Information means specific engineering, vulnerability,or detailed design information about proposed or existing critical infrastructure that:(i)relates to detail about the production,generation,transportation,transmission,or distribution of energy;(ii)could be useful to a person planning an attack on critical infrastructure;(iii)is exempt from mandatory disclosure under the Freedom of Information Act, 5 U.S.C. 552;and(iv)does not simply give the general location of the critical infrastructure.As used in this Agreement, Critical Electric Infrastructure Information means information related to critical electric infrastructure, or proposed LGL of 5(6/1/2020) Page i of 6 Docusign Envelope ID:22846445-150C-4012-A409-9CB376023641 critical electrical infrastructure,generated by or provided to the Federal Energy Regulatory Commission("FERC")or other Federal agency other than classified national security information,that is designated as critical electric infrastructure information by FERC or the Secretary of the Department of Energy pursuant to section 215A(d)of the Federal Power Act. CEII includes but is not limited to: transmission conductor details, transmission structure design details, planned or expected transmission outages critical to the power system,substation design details,control center locations or design details, power plant facility design details, geographic coordinates more specific than line routes and natural gas line locations or design details. 2. Exclusions from Confidential Information. Except as required by applicable federal, state or local law or regulation, the term "Confidential Information"as used in this Agreement shall not include information that: (a) At the time of disclosure is,or thereafter becomes,generally available to and known by the public other than as a result of, directly or indirectly,any violation of this Agreement by Recipient or any of its Representatives; (b) At the time of disclosure is,or thereafter becomes,available to Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information to Recipient by a legal,fiduciary or contractual obligation to IPC; (c) Was known by or in the possession of Recipient or its Representatives,as established by documentary evidence,prior to being disclosed by or on behalf of IPC pursuant to this Agreement;or (d) Was or is independently developed by Recipient,as established by documentary evidence,without reference to or use of, in whole or in part,any of IPC's Confidential Information. 3. Recipient Obligations.Recipient shall: (a) Protect and safeguard the confidentiality of all such Confidential Information with at least the same degree of care as Recipient would protect its own Confidential Information,but in no event with less than a commercially reasonable degree of care; (b) Not use IPC's Confidential Information,or permit it to be accessed or used,for any purpose other than directly for the review and verification of the Purpose; (c) Not disclose any such Confidential Information to any person or entity,except to Recipients Representatives to the extent such Representatives(i)need to know the Confidential Information to assist Recipient,or act on its behalf,to review and verify the Purpose or to exercise its rights under the Agreement;(ii)are informed by Recipient of the confidential nature of the Confidential Information;and(iii)are subject to confidentiality duties or obligations to Recipient that are no less restrictive than the terms and conditions of this Agreement; (d) Promptly notify IPC of any unauthorized disclosure of Confidential Information or other breaches of this Agreement by Recipient or its Representatives of which Recipient has knowledge; (e) Fully cooperate with IPC in any effort undertaken by IPC to enforce its rights related to any such unauthorized disclosure; and (f) Be responsible for any breach of this Agreement caused by any of its Representatives. 4. Additional Confidentiality Obligations.Except as otherwise permitted by this Agreement or required by applicable federal,state or local law or regulation,Recipient shall not,nor permit any of its Representatives to,disclose to any person: (a) That the Confidential Information has been made available to Recipient or its Representatives,or that it has inspected any portion of the Confidential Information; (b) That discussions or negotiations may be, or are, underway between IPC and Recipient regarding the Confidential Information or the Purpose,including the status thereof;or LGL of 5(6/i/2o2o) Page 2 of 6 Docusign Envelope ID:22846445-150C-4012-A409-9CB376023641 (c) Any terms, conditions or other arrangements that are being discussed or negotiated in relation to the Confidential Information or the Purpose. LGL of 5(6/i/2o2o) Page 3 of 6 Docusign Envelope ID:22846445-150C-4012-A409-9CB376023641 5. Recipient Representations and Warranties.Recipient represents and warrants that: (a) It will comply, and will require its Representatives to comply, with all applicable federal, state and local laws and regulations,including without limitation,all data protection laws and regulations in the maintenance,disclosure and use of all Personal Information contained in any Confidential Information that is disclosed to Recipient or its Representatives. For purposes of this Agreement,"Personal Information"means information that:(i)relates to an individual person and;(ii) identifies or can be used to identify, locate or contact that individual alone or when combined with other personal or identifying information that is or can be associated with that specific individual; (b) The performance of its obligations herein does not and will not violate any other contract or obligation to which Recipient is a party,including covenants not to compete and confidentiality agreements; (c) It is not legally or contractually prohibited from:(i)discussing a potential relationship with IPC;(ii)receiving information about a potential relationship with IPC;or(iii)entering into a principal agreement with IPC;and (d) It has implemented and will continue to maintain sufficient information security protocols to secure and protect the confidentiality of all Confidential Information in Recipients or its Representatives'possession or control. 6. Required Disclosure.Any disclosure by Recipient or its Representatives of any of IPC's Confidential Information pursuant to(i) applicable federal, state or local law or regulation, (ii) a valid order or other legally supported data request issued by a court or governmental agency,or(iii)a valid discovery or data request submitted by a party to a court or governmental proceeding(each of the foregoing, a"Legal Order"), shall be subject to the terms of this Section 6 (Required Disclosure). Prior to making any such disclosure,Recipient shall provide IPC with: (a) To the extent reasonably possible and not prohibited by law,prompt written notice of such requirement so that IPC may seek,at its sole cost and expense,a protective order,confidential submission treatment,or other remedy;and (b) Reasonable assistance, at IPC"s sole cost and expense, in opposing such disclosure or seeking a protective order, confidential submission treatment,or other limitations on disclosure. If,after providing such notice and assistance,Recipient remains subject to a Legal Order to disclose any Confidential Information, Recipient(or its Representatives or other persons to whom such Legal Order is directed)shall disclose no more than that portion of the Confidential Information which such Legal Order specifically requires Recipient to disclose and shall take all authorized measures to submit the Confidential Information in confidential or restricted form. Recipient shall not be in breach of this Agreement or liable to IPC for any disclosure made pursuant to this Section 6(Required Disclosure). 7. No Transfer of Rights,Title or Interest. IPC hereby retains its entire right,title and interest,including all intellectual property rights,in and to all of its Confidential Information.Any disclosure of such Confidential Information shall not be construed as an assignment, grant, option, license or other transfer of any such right, title or interest whatsoever to Recipient or any of its Representatives. 8. Return or Destruction of Confidential Information.At any time during or after the duration of the Disclosure Period(defined in Section 1 I)under this Agreement,upon the written request of IPC,and within five(5)business days of the request,Recipient and its Representatives shall promptly return to IPC all copies, whether in written, electronic or other form or media, of IPC's Confidential Information, or, in the sole discretion of IPC, destroy all such copies and certify in writing to IPC that such Confidential Information has been destroyed;provided,however,that Recipient may keep copies of the Confidential Information solely for legal compliance,systematic backup or archival purposes,and will hold such copies subject to the terms of this Agreement. In addition,Recipient shall also destroy all copies of any Notes created by Recipient or its Representatives and certify in writing to IPC that such copies have been destroyed; provided, however, that Recipient may keep copies of the Notes solely for legal compliance,systematic backup or archival purposes,and will hold such copies subject to the terms of this Agreement. 9. Injunctive Relief. Recipient acknowledges and agrees that money damages may not be a sufficient remedy for any breach or threatened breach of this Agreement by Recipient or its Representatives.Recipient therefore agrees that IPC will have the right,in addition to its other rights and remedies available at law(which IPC does not waive by the exercise of any rights hereunder),to seek LGL of 5(6/i/2o2o) Page 4 of 6 Docusign Envelope ID:22846445-150C-4012-A409-9CB376023641 and obtain specific performance and injunctive and other relief as a remedy against Recipient and its Representatives for any violation or threatened breach of this Agreement,and Recipient hereby waives any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such claim. i o. No Representations or Warranties. By providing the Confidential Information hereunder, neither IPC nor any of its Representatives make any representation or warranty,expressed or implied,as to the accuracy or completeness of the Confidential Information disclosed to Recipient hereunder.Neither IPC nor any of its Representatives shall be liable to Recipient or any of its Representatives relating to or resulting from Recipients use of any of the Confidential Information or any errors therein or omissions therefrom. i i. Duration of Disclosure Period;Survival of Obligations.This Agreement governs disclosures of Confidential Information by IPC for a period of three years from the Effective Date("Disclosure Period"). Notwithstanding,and regardless that the Confidential Information may have been returned or copies destroyed prior to the expiration of the Disclosure Period, the obligations of confidentiality and nondisclosure imposed by this Agreement shall survive any termination or expiration of the Disclosure Period and shall be in effect in perpetuity. i a. Intentionally Deleted. 13. Attorney Fees. In the event that IPC institutes any legal suit, action or proceeding, against Recipient to enforce the covenants contained in this Agreement,IPC shall be entitled to receive in addition to all other damages to which it may be entitled,the costs incurred by IPC in conducting the suit,action or proceeding,including reasonable and actual attorneys'fees and expenses and court costs. 14. No Other Obligation.Recipient agrees that: (a) This Agreement does not require or compel IPC to disclose any Confidential Information to Recipient;and (b) IPC shall not be under any legal obligation of any kind whatsoever,or otherwise be obligated to enter into any business or contractual relationship,investment,or transaction,by virtue of this Agreement,except for the matters specifically agreed to herein;and (c) This Agreement does not create a joint venture,partnership or any other formal or informal business relationship or entity of any kind. 15. Cumulative Obligations.Recipients obligations hereunder are in addition to,and not exclusive of,any and all of its other obligations and duties to IPC,whether express or implied,in fact or in law. 16. Waivers.No waiver by IPC of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by IPC. No waiver by IPC shall operate or be construed as a waiver in respect of any failure,breach or default not expressly identified by such 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 shall operate or be construed as a waiver thereof;nor shall 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. 17. No Assignment.Recipient may not assign all or any part of this Agreement,by operation of law or otherwise,without IPC's prior written consent,which consent shall not be unreasonably withheld or denied.This Agreement shall be binding on and inure to the benefit of Recipients successors and assigns. 18. Governing Law,Etc.This Agreement shall be governed,interpreted and construed in accordance with the laws of the state of Idaho, without reference to its choice of law rules,and may be executed in several counterparts.The exclusive venue of any action shall be Ada County,Idaho.If a provision of this Agreement is held invalid under any applicable law,such invalidity will not affect any other provision of this Agreement that can be given effect without the invalid provision. Further,all terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law. LGL of 5(6/1/2o2o) Page 5 of 6 Docusign Envelope ID:22846445-150C-4012-A409-9CB376023641 19. No Waiver of Privilege. Unless agreed upon in writing by IPC,IPC does not intend to waive the attorney-client,attorney work product,or other applicable privilege of IPC or any of its subsidiaries, affiliates,or joint ventures ('Privilege")by providing any information subject to a Privilege.Accordingly,Recipient agrees that a production to Recipient by IPC of Confidential Information protected by a Privilege shall not constitute a waiver of any such Privilege by IPC,and Recipient agrees that,upon request by IPC, Recipient will immediately return and/or destroy such inadvertently produced information. 2o. Notices.All notices,requests,consents,claims,demands,waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) When delivered by hand(with written confirmation of receipt); (b) When received by the addressee if sent by a nationally recognized overnight courier(receipt requested); (c) On the date sent by facsimile or e-mail of a PDF document(with confirmation of transmission)if sent during normal business hours of the Recipient,and on the next business day if sent after normal business hours of the Recipient;or (d) On the third day after the date mailed,by certified or registered mail,return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the following addresses(or to such other address that may be designated by IPC or Recipient from time to time in accordance with this Section): Idaho Power Company Attention:Enterprise Contracting 1221 W.Idaho St. Boise,ID USA 83102 City Of Meridian,Idaho 33 E.Broadway Ave. Meridian,Idaho 83642 21. Entire Agreement and Amendment.This Agreement expresses the entire agreement with respect to the disclosure,delivery and use of the Confidential Information and supersedes and cancels all prior communications,understandings,and agreements,whether written or oral,express or implied,with respect to such subject matter.This Agreement may not be modified except by a writing duly signed by both Recipient and IPC. AGREED AND ACCEPTED to be effective as of the Effective Date. CITY OF MERIDIAN,IDAHO Type text here By: Name:Robert E.Simison 8-27-2024 Title:Mayor Attest: Chris Johnson, City Clerk 8-27-2024 LGL of 5(6/1/2020) Page 6 of 6 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement with Valley Regional Transit for Use of Parking Stalls C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: August 27, 2024 Presenter: David Miles, Chief of Staff Estimated Time: 0.5 minutes Topic: License Agreement with Valley Regional Transit for Use of Parking Stalls Recommended Council Action: Council please approve and Mayor please sign the agreement. Background: VRT is in need of an area to park vehicles temporarily, and City has four (4) parking stalls that it can make temporarily available for this purpose at 489 N. Meridian Road. This agreement establishes terms and conditions of VRT's use of these stalls. i LICENSE AGREEMENT WITH VALLEY REGIONAL TRANSIT FOR USE OF PARKING STALLS i This LICENSE AGREEMENT WITH VALLEY REGIONAL TRANSIT FOR U E OF PARKING STALLS ("Agreement") is made and entered into this:`7 day of Au , U St 2024 ("Effective Date"), by and between the City of Meridian, a municipal corpora on organized under the laws of the State of Idaho ("City"), and Valley Regional Transit, a regional public transportation authority organized under the laws of the State of Idaho ("VRT"). i WHEREAS, City owns property and facilities, including garages, at 489 N. Meridian Road, in Meridian, Idaho,Ada County parcel no. R8342000355 ("Property"); WHEREAS, VRT is in need of an area to park vehicles temporarily, and City has four (4)parking stalls at the Property that it is willing to allow VRT to use temporarily; NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above,which are incorporated herein, City and VRT agree as follows: I. License granted. City, for and in consideration of the covenants and conditions set forth in this Agreement, and agreed to be kept and performed by VRT, does hereby provide to VRT a license to use the four(4)parking stalls on the Property, as identified on Exhibit hereto, for the purpose of temporarily parking and accessing four(4)passenger vans. The portion of the Property utilized for this purpose shall be referenced hereinafter as "Licensed Area." VRT shall not use the Licensed Area for any other purpose without the express written consent of City. II. Term. The term of this Agreement shall be deemed to have commenced on the Effective Date and shall terminate on October 31,2024, unless earlier terminated by either Party by the method established herein. III. Day-to-day communication. A. Primary Source of Contact for VRT. VRT shall provide City the name, e-mail address, and office and mobile telephone numbers of specific personnel ("VRT Contact")who shall serve as VRT's primary contact between VRT and City for all day-to-day matters regarding VRT's use of Licensed Area. B. Primary Source of Contact for City. City shall provide VRT the name, e-mail address, and office and mobile telephone numbers of specific City personnel ("City Contact")who shall serve as City's primary contact between City and VRT for all day-to-day matters regarding VRT's use of Licensed Area. LICENSE AGREEMENT WITH VRT PAGE 1 OF 5 IV. Rights and responsibilities of VRT. With regard to VRT's use and occupancy of the Licensed Area under this Agreement, VRT shall be responsible for each and all of the following. A. Gate security. The gate to the Property may be open and unlocked between 8:00 a.m. and 5:00 p.m.,Monday through Friday, and closed and locked at all other times. VRT shall close and lock the gate each time it or its agents, employees, guests or invitees enter or leave the Property before 8:00 a.m. or after 5:00 p.m., Monday through Friday, or at any time on Saturday or Sunday. VRT Contact shall obtain the gate code from the City Contact. B. Good repair. VRT shall be solely responsible for ensuring that its use of Property does not damage or interfere with or degrade City's facilities or operations, or present any threat to the health and safety of VRT's invitees and volunteers, or that of the public. C. Repair of Licensed Area. VRT shall be responsible for all costs related to restoration or repair of the Licensed Area necessitated by damage caused by VRT's use thereof under this Agreement. Following City's restoration or repair of Licensed Area necessitated by damage caused by VRT's use thereof under this Agreement, City shall invoice VRT for City's actual costs of such work. VRT shall pay such invoice in full within thirty (30) days of City's invoice. This provision shall survive for one (1)year following expiration or termination of this Agreement. D. Assumption of risk. VRT acknowledges that activities undertaken pursuant to this Agreement carry risks, some of which are unknown, and accepts any and all such risks. Other than tortious act by City, no circumstance shall obligate City to repair or replace VRT's property at City's expense. E. Acceptance as is. VRT acknowledges that VRT has inspected the Licensed Area and does hereby accept same as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Licensed Area. VRT accepts the Licensed Area"as is." F. Indemnification. VRT specifically indemnifies City and holds City harmless from any loss, liability, claim,judgment, or action for damages or injury to VRT,to VRT's personal property or equipment, and to VRT's employees, agents, guests or invitees arising out of or resulting from the condition of City property or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. VRT further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the Licensed Area by VRT or by VRT's agents, employees, guests or invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this LICENSE AGREEMENT WITH VRT PAGE 2 OF 5 i I i i paragraph, VRT, at City's option, shall defend City and assume all costs, including j attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. G. Liability insurance. VRT acknowledges and understands that City shall not provide insurance or benefit coverage of any kind for property damage, injury, death, or illness related to VRT's use of the Licensed Premises. VRT shall submit to City proof of an insurance policy, issued by an insurance company licensed to do business in Idaho,protecting VRT,VRT's employees, and VRT's agents from all claims for damages to property and bodily injury, including death,which may arise during or in connection with services and work provided under this Agreement. Such insurance shall name City as additional insured, and shall afford at least one million dollars ($1,000,000.00)per person bodily injury, one million dollars ($1,000,000.00)per occurrence bodily injury, and one million dollars ($1,000,000.00)per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided, VRT 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. VRT shall provide City with a certificate of insurance or other proof of insurance evidencing VRT's compliance with the requirements of this paragraph. In the event the insurance minimums are changed, VRT shall immediately submit proof of compliance with the changed limits. H. Property insurance. VRT may; at VRT's option, maintain property insurance for property placed or stored in Licensed Area. City shall not maintain property insurance on VRT's behalf. V. Rights and responsibilities of City. With regard to VRT's use and occupancy of the Licensed Area under this Agreement, City shall be responsible for the following. A. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized , at all times,to inspect the Licensed Area and personal property located thereon, for the purposes of inspection for compliance with the terms of this License Agreement, for the exercise of City's rights hereunder, and for all other lawful purposes. B. No utilities. City shall not provide utilities or infrastructure of any kind related to VRT's use and occupancy of the Licensed Area. Specifically,without limitation, City shall not provide water services, sewer services,trash collection,heat, air conditioning, or security. VT. General provisions. A. Termination. Either party may terminate this Agreement for convenience or for cause. Termination shall be effective fourteen (14) days following mailing of written LICENSE AGREEMENT WITH VRT PAGE 3 OF 5 notice. Upon termination or expiration of this License Agreement, City may remove all of VRT's equipment and personal property from the Licensed Area and notify VRT that VRT may claim its equipment from City Contact during business hours. VRT agrees to surrender possession and occupancy of the Licensed Area peaceably at the termination of this Agreement and any renewal or extension thereof. B. Notices. Communication between the VRT Contact and the City Contact regarding day-to-day matters (e.g., installation, maintenance, and access to Licensed Area) shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed by U.S. mail,postage prepaid. Notices shall be addressed as follows: VRT: Meridian: Chief Executive Officer City Clerk Valley Regional Transit City of Meridian 700 NE 2nd St, Ste. 100 33 E. Broadway Avenue Meridian ID 83642 Meridian ID 83642 C. Limitation of liability. Notwithstanding anything in this agreement to the contrary, City shall not be liable or obligated, and VRT shall hold City harmless,with respect to any subject matter of this agreement or under contract, negligence, strict liability or any other legal or equitable theory, for the following: 1. Any special,punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); 2. Interruption of use of VRT's equipment or access to personal property; 3. Security breach, including theft, vandalism, or other crime; or 4. Any other matter beyond City's reasonable control. This provision shall survive termination of this Agreement. D. No agency. It is further understood and agreed VRT shall not be considered an agent of City in any manner or for any purpose whatsoever in VRT's use and occupancy of the Licensed Area. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by VRT. F. No assignment. VRT shall not assign, sublicense or transfer the Licensed Area, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement,without the express written consent of City. Any assignee, sublicensee, or transferee shall be bound by all terms of this Agreement. LICENSE AGREEMENT wITH VRT PAGE 4 OF 5 i G. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. l IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. VALLEY REGIONAL TRANSIT: a UGa ne BY: Elaine Clegg(Aug 21,2 4 3:31MDT) 1 I Elaine Clegg, Chief Executive Officer CITY OF MERIDIAN: Attest: BY: Robert E. Simison,Mayor 8-27-2024 Chris Johnson, City Cleric 8-27-2024 LICENSE AGREEMENT WITH VRT PAGE 5 OF 5 EXHIBIT A LICENSED AREA FLEET VEHICLES — 24 SPACES SURFACE OPTION 1: ASPHALT SURFACE OPTION 2: RECYCLED ASPHALT �1--30'- 1 1 - 60'IT -- - GATE BUILDING A w 32 77 37' c� t BUILDING B Temporary VRT 250' designated parking stalls .. VJ IJ 1 �b n LICENSE AGREEMENT WITH VRT PAGE 6 OF 5 F2024-CGO-LETA-N-AC0830-CITY OF MERIDIAN- BOWER PARKING LOT- PARKING STALLS Final Audit Report 2024-08-21 Created: 2024-08-21 By: Kevin Womack(kwomack@ridevrt.org) Status: Signed Transaction ID: CBJCHBCAABAAW9vHR6eWe5QYKOsus8-Pe80t1qGDiEGj "2024-CGO-LETA-N-AC0830-CITY OF MERIDIAN- BOWER PA RKING LOT- PARKING STALLS" History Document created by Kevin Womack(kwomack@ridevrt.org) 2024-08-21 -5:50:28 PM GMT-IP address:208.98.167.66 12�- Document emailed to Elaine Clegg (eclegg@ridevrt.org)for signature 2024-08-21 -5:50:53 PM GMT Email viewed by Elaine Clegg (eclegg@ridevrt.org) 2024-08-21-7:30:41 PM GMT-IP address:208.98.167.66 i 3o- Document e-signed by Elaine Clegg (eclegg@ridevrt.org) Signature Date:2024-08-21 -7:31:04 PM GMT-Time Source:server-IP address:208.98.167.66 Agreement completed. 2024-08-21-7:31:04 PM GMT Powered by valleyregionalfiransit Adobe Acrobat Sign E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Animal Welfare and Enforcement Agreement by and between the City of Meridian and The Idaho Humane Society C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: August 27, 2024 Presenter: Bill Nary, City Attorney Estimated Time: .1 minutes Topic: Animal Welfare and Enforcement Agreement by and between the City of Meridian and The Idaho Humane Society Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: Pursuant to presentation by the Idaho Humane Society at City Council's June 18, 2024 meeting,this agreement establishes IHS's duties and commitments for the provision of animal control, shelter services, animal code enforcement, animal welfare, fee collection, reporting, and dog licensing, in fiscal year 2025 (October 1, 2024 - September 30, 2025). ANIMAL WELFARE AND ENFORCEMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY This Animal Welfare and Enforcement Agreement ("Agreement") is entered into on this 27th day of August, 2024, by the Idaho Humane Society, Incorporated, a non-profit corporation organized under the laws of the state of Idaho ("IHS") and the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("Meridian") (collectively, "Parties"). WHEREAS,pursuant to Idaho Code sections 50-302, 50-319, 25-2803 and Title 6, Chapter 2, Meridian City Code, Meridian is authorized to provide animal welfare and enforcement services to further the public health, safety, and welfare; and WHEREAS, Meridian requires the assistance of a third-party independent contractor to provide such services; WHEREAS, IHS is uniquely qualified and able to provide such services within Meridian safely and humanely, pursuant to the terms and conditions contained herein; NOW, THEREFORE,in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: I. SCOPE OF WORK;GRANT OF AUTHORITY. IHS shall serve as Meridian's animal welfare and enforcement authority and shall act as a limited agent for Meridian in the enforcement of all animal-related provisions of Meridian City Code and Idaho Code. IHS shall enforce Meridian City Code, Title 6, Chapter 2, and carry out the duties of the animal control officer as set forth therein, including, without limitation: seizing and impounding animals that are at large and unattended in city limits; seizing, impounding, and euthanizing animals in accordance with IHS policies and the provisions of Meridian City Code; removing and properly disposing of the carcass of any dead animal found in any public place; declaring that an animal is abandoned; deciding whether an abandoned animal shall be euthanized or made available for adoption; declaring that a dog is a vicious dog; issuing uniform citations for violations of Meridian City Code; and providing the Meridian City animal shelter, to include adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of animals impounded therein. IHS shall provide animal code enforcement, emergency services, animal welfare services, field services, shelter services, responsible animal ownership services, and other services as described in Exhibit A. Meridian may contract separately with IHS for the provision of any additional services. II. COMPENSATION;FEES. A. Payment amount and method. For IHS's performance of services as contemplated by this Agreement, Meridian agrees to pay IHS the sum of seven hundred seventeen thousand, two hundred fifty-one dollars ($717,251.00). Meridian shall pay this amount to MERIDIAN—Ills AGREEMENT,OCTOBER 2024—SEPTEMBER 2025 PAGE 1 IHS in twelve (12) equal monthly installments, each installment payable on or before the 15th of each month during the term of this Agreement. B. FY26 increase. If IHS seeks to increase the amount due for services to be provided to Meridian in fiscal year 2026, IHS shall provide to Meridian the proposed increased amount no later than May 1, 2025, and shall provide a presentation to Meridian City Council explaining the proposed increase by June 1, 2025. C. Impound fees; boarding and veterinary fees. IHS shall collect, and shall remit to Meridian within thirty(30) days of collection, 100% of all animal impound fees, as set forth in Meridian's fee schedule, as set forth in Exhibit C, or as may be amended by Meridian, after consulting IHS, in accordance with Idaho Code section 63-1311A. IHS shall be authorized to establish, collect, and retain reasonable and necessary fees for boarding and veterinary services. D. Dog license fees. IHS shall issue dog licenses and collect applicable license fees on behalf of Meridian. IHS shall remit to Meridian a portion of animal licensing fees as set forth in Exhibit D. III. GENERAL TERMS AND CONDITIONS. A. Term. The term of this Agreement is from October 1, 2024 through September 30, 2025. B. Independent contractor. In all matters between the Parties pertaining to this Agreement, the relationship between Meridian and IHS shall be that of principal and independent contractor. Neither IHS nor any person performing work on behalf of IHS shall be deemed to be an employee of Meridian. The selection and supervision of IHS's personnel performing work pursuant to this Agreement shall be in the sole discretion of IHS. Neither IHS nor any person performing work on behalf of IHS shall be deemed to acquire any of the rights, privileges, powers, or advantages of an employee of Meridian, or vice versa; however, those persons performing work on behalf of IHS shall act as a limited agent on behalf of Meridian, which limited agency granted herein shall be strictly limited to performance under this Agreement, as expressly set forth herein, and shall not extend to any other purpose. C. Audits. At any time during normal business hours and as often as Meridian may deem necessary, there shall be made available to Meridian for examination all IHS's records concerning all matters covered by this Agreement. IHS shall permit Meridian to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other data relating to all matters covered by this Agreement. At its own expense, Meridian may conduct a fiscal year audit of all expenses and revenues and services provided hereunder. Any auditor engaged by Meridian must use generally accepted auditing standards. IHS shall maintain books, records, reports, and accounts adequate to allow an auditor to evaluate fully, assess, and audit IHS's performance of the Scope of Service. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 2 D. Compliance with laws. In the performance of services under this Agreement, IHS shall comply with all applicable federal, state, and local laws, regulations, and ordinances in effect or promulgated during the term of this Agreement. This obligation shall include timely payment of all taxes and license fees. E. Non-waiver. Failure by the representatives of any of the Parties to, at any time, enforce or require strict compliance with any terms or conditions of this Agreement shall not constitute a waiver of, or affect, or impair such terms or conditions in any way; nor shall such failure affect the rights of the Parties to avail themselves at any time of such remedies as they may have for any breach of such terms or conditions against another Party. F. Indemnification. IHS shall indemnify, save, hold harmless, and defend Meridian from, for, and against any and all direct or third-party claims, actions,judgments, damages, injuries to persons or property, losses, liabilities, and expenses caused by, or arising out of an act or omission of IHS or IHS's officers, employees, agents, servants, and volunteers in connection with IHS's performance under this Agreement and not caused by or arising out of the tortious conduct of any of Meridian or their respective officers, officials, employees, agents, servants, and volunteers, or Meridian's code that is deemed unconstitutional or in conflict with state or federal law. Notwithstanding anything to the contrary in this Agreement, the liability of Meridian is at all times strictly limited and controlled by the provisions of the Idaho Tort Claims Act, Idaho Code Sections 6-901 through 6-929, inclusive, as or hereafter amended. Nothing herein shall be deemed a waiver of any privilege, immunity, protection, or defense afforded to Meridian as a political subdivision of the state of Idaho, under the Idaho Constitution, the Idaho Tort Claims Act, or any other applicable law, and shall not be construed to waive any such protections, which are hereby expressly retained. G. Insurance. 1. Standard Insurance Coverages and Limits of Liability Required: a. Worker's Compensation Insurance. Where required by law, IHS shall have and maintain during the term of this Agreement, Worker's Compensation Insurance, including Employer's Liability, meeting the statutory requirements of the state of Idaho. Employer's Liability insurance in the following minimum amounts: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee If any work is sublet, IHS shall require its subcontractors to provide proof of Worker's Compensation and Employer's Liability Insurance. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 3 b. Commercial General Liability. IHS shall have and maintain throughout the Agreement term, Commercial General Liability Insurance, with the following minimum limits of liability: General Aggregate $2,000,000 Product/Completed Operations Aggregate $2,000,000 Personal &Advertising Injury Liability $1,000,000 Per Occurrence $1,000,000 Fire Legal Liability $ 50,000 c. Automobile Liability Insurance. For all owned, non-owned, and hired vehicles, IHS shall maintain throughout the Agreement term, Business Automobile Liability insurance providing bodily injury and property damage liability coverage for a minimum of one million dollars ($1,000,000)per occurrence limit. Business Automobile Liability insurance shall be written on a standard ISO policy form, or equivalent,providing coverage for liability arising out of owned, hired, or non-owned vehicles in connection with this Agreement. 2. Additional Insured. IHS shall include Meridian as an additional insured party to all of the insurance coverage listed above. 3. No Limitation of Liability. Insurance coverage and limits of liability as specified herein are minimum coverage and liability requirements only. Nothing in this Agreement's requirements for minimum insurance coverage shall be interpreted to limit or release the liability of IHS or any of IHS's insurers. IHS's insurance policy shall include a "separation of insureds" or"severability" clause that applies coverage separately to each insured and additional insured, except with respect to the limits of the insurer's liability. IHS's insurance policy shall not contain any provisions, exclusion, or endorsement that limits, bars, or effectively precludes Meridian from coverage or asserting a claim under IHS's insurance policy on the basis that the coverage or claim is brought by an insured or additional insured against an insured or additional insured under the policy. Failure to comply with any of the requisite insurance provisions shall be a material breach of this Agreement and grounds for termination of the Agreement or, if applicable, and at the discretion of Meridian, shall serve as grounds for Meridian to procure or renew insurance coverage with any related costs of premiums to be repaid by IHS or offset against the payment due from Meridian to IHS. 4. Evidence of insurance. IHS shall provide the following as evidence of insurance: a. A certificate of liability insurance evidencing coverages, limits of liability, and other terms and conditions as specified herein. In the "Certificate Holder" field of the certification of insurance, the City of Meridian shall be written in; and b. An attached designated additional insureds endorsement or blanket additional insureds wording to the required insurance policies that names each of Meridian. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 4 At any time upon Meridian's request, IHS shall also cause to be timely furnished a copy of declarations pages and schedules of forms and endorsements. If Meridian tenders a claim or lawsuit for defense and indemnity invoking additional insured status, and the insurer either denies the tender or issues a reservation of rights letter, IHS shall also cause a complete and certified copy of the requested policy to be timely furnished to Meridian. 5. Notice of cancellation or modification; renewal. IHS's certificates of insurance shall be signed by an authorized representative of the issuing insurance carrier and shall state that the issuing company shall provide the Parties with a minimum of thirty (30) days' written notice prior to canceling or reducing any of the policies or limits required by this Agreement. Renewal certificates or binders must be provided to the Parties a minimum of five (5) days prior to the effective date of the renewal. If binders are used, they must be replaced by appropriate insurance certificates no later than thirty (30) days after the effective date. G. Termination. 1. Termination of this Agreement shall not relieve the Parties of their obligations or liability to each other incurred prior to the expiration of this Agreement. 2. This Agreement shall terminate between Meridian and IHS upon the following events: a. Meridian or IHS gives the other Party written notice of termination, which termination shall be effective on the first day of the calendar month that is at least ninety (90) calendar days after delivery of such notice of termination; b. Meridian fails to appropriate adequate funds for this Agreement in its budget for the fiscal year, in which case Meridian shall notify IHS of any non-appropriation of funds within thirty (30)business days of such non-appropriation; or c. Meridian and IHS agree, in writing, to terminate this Agreement. H. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to its subject matter, and this Agreement supersedes all prior agreements and understandings, whether written or oral, with respect to its subject matter. I. Amendment. This Agreement may be amended at any time by mutual written agreement signed by the authorized representative of each Party. J. Notices. Each Party shall deliver all communications in writing either in person, by U.S. mail, postage prepaid, by email, addressed to the other Party as set forth below: Idaho Humane Society City of Meridian ATTN: Chief Executive Officer ATTN: City Clerk 1300 S. Bird St. 33 E. Broadway Avenue Boise, Idaho 83709 Meridian, Idaho 83642 jrosenthal@idahohumanesociety.org cityclerk@meridiancity.org MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 5 Either Party may change its notice address by notifying the other Party as described in this section. K. Attorneys' Fees. In the event of any dispute or litigation arising from this Agreement or its subject matter, the prevailing parry in such dispute or litigation may recover its costs and reasonable attorneys' fees as may be provided by applicable Idaho law. L. Assignment; Subcontract. Neither IHS nor Meridian may assign or subcontract any of their rights or obligations under this Agreement without first obtaining the written consent of the other. M. Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. Venue for any action brought pursuant to this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. N. Non-Discrimination. In performing the services required herein, neither IHS nor its subcontractors shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or disability. O. Severability. Any section or provision of this Agreement that is held invalid by a court of competent jurisdiction shall be stricken, and the remainder of this Agreement shall continue in full effect. P. 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. IN WITNESS WHEREOF, the authorized agent or representatives of Meridian and IHS execute this Agreement and make it effective on the date first written above. IDAHO HUMANE SOCIETY: By: %\�/_ — Dr. os t al, Chief Executive Officer CITY OF MERIDIAN: ATTEST: By: Robert E. Simison, Mayor Chris Johnson, City Clerk MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 6 EXHIBIT A SCOPE OF SERVICES I. SERVICES. IHS shall be responsible for selecting and training adequate and qualified staff to carry out all of the following services in a professional manner: A. Animal Code Enforcement. IHS shall provide animal code enforcement services seven (7) days per week, from 8:00 a.m. to 7:00 p.m. In performing animal code enforcement duties, IHS shall: 1. Timely and thoroughly investigate all complaints and calls for animal enforcement service, and as contemporaneously as possible, draft clear and complete reports sufficient to support the prosecution of the offense. For any cases involving dangerous animals or nuisance violations (e.g., bites, barking, aggressive behavior, vicious dog, etc.) search IHS's internal case management database for any prior incidents involving the same suspect animal-owner and/or animal. If prior incidents are discovered, a reference to such priors shall be included in the current investigation report. 2. Collect available evidence at the time of investigation and shall include it with the corresponding reports as may be necessary. 3. Timely file all citations and reports with the Court and/or prosecutor, as appropriate. 4. Upon request, timely provide to Meridian copies of the citation, reports, or evidence. 5. Appear on time for all court hearings and trials and shall be fully prepared to testify, including reviewing all relevant reports, photographs, audio recordings, video recordings, and other records and evidence. 6. Comply with subpoenas and notify the prosecutor at the earliest opportunity of any scheduling conflicts that may prevent the appearance of a subpoenaed IHS employee at a scheduled court date or meeting. 7. Provide to Meridian an accurate telephone contact list containing the names, titles and direct office telephone numbers of IHS CEO, CFO, Director of Animal Control, and Dispatch. IHS shall provide Meridian updated contact lists within thirty(30) days of any changes. 8. Return all telephone messages and emails within forty-eight(48) hours of receipt of the message or email. B. Emergency Services. IHS shall provide emergency services twenty-four(24) hours per day, seven (7) days per week. For purposes of this Agreement, "Emergency Services" shall include field calls for the following: 1. Injured stray dog or cat; 2. Dog bite or cat bite with animal still at-large; 3. Dog bite requiring quarantine of the animal; 4. Vicious or dangerous dog with the dog still at-large, constituting a threat to persons or domesticated animals; 5. Animal caught in a trap that is making a disturbance, or that is injuring itself; 6. Dog, cat, or livestock causing traffic safety issue; 7. Animal cruelty violations; 8. Dangerous animal at-large; MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGF 7 9. Exotic animals and wildlife; 10. Multiple calls received on the same non-emergency animal-related problem (IHS officer to be on-call, and police dispatch will evaluate the circumstances to determine whether to respond); and 11. Request from a law enforcement agency, received after the hours of regular enforcement services, for assistance with an animal. C. Animal Welfare Services. IHS shall provide animal welfare services in Meridian, including investigating complaints, responding to calls for service,patrolling (as time and personnel permit), issuing citations to suspected violators, following through on such citations by appearing to testify in court as appropriate, apprehending and impounding stray and other animals, and picking up small dead domesticated or wild animals within public areas. Large wild animals will be referred to Fish and Game. Animal Welfare Services shall also include: 1. Impoundment of free-roaming animals to protect the public from animal attacks, bites, and accidents. 2. Protection of public health through animal disease surveillance in conjunction with the Idaho Department of Health and Welfare. 3. Quarantine of disease-suspect and bite case animals. 4. Participation in local disaster planning to address animal-related issues. 5. Enforcing animal cruelty statutes and codes. 6. Transporting injured animals to IHS's veterinary hospital or other critical care facilities. 7. Removing and dispositing of dead animals, whether wild or domesticated, from public areas. 8. Referral to appropriate governmental agencies, private entities, and volunteer service groups who respond to reports of injured wild animals and provide transportation of such animals to veterinary hospitals or local wild animal rehabilitation facilities. D. Field Services. The provision of field services include, without limitation, responding to the following complaints and calls for service: 1. Dog at large. 2. Trapped dog. 3. Livestock at large. 4. Excessive dog barking. 5. Unlicensed dog. 6. Dog or cat without rabies vaccination. 7. Dogs threatening a person or domestic animal. 8. Dog or cat bite. 9. Injured or sick stray dog, cat, or other domesticated animals. 10. Abandoned or mistreated animal. 11. Negligently confined animal. 12. Animal cruelty or neglect. 13. Dead dog, cat, or other animals (including wild animals). 14. Prohibited or dangerous mammal or reptile investigation. 15. Unsanitary premises (e.g., excessive animal waste) inspection. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 8 E. Shelter Services. IHS shelter services shall be open to the public seven (7) days per week from 10:00 a.m. to 6:00 p.m. For purposes of this Agreement, "Shelter Services" shall include: 1. Maintaining a lost and found program for animals. 2. Holding stray or lost animals in accordance with the applicable Meridian ordinance. 3. Examining stray and lost animals for licenses or identification chips, and if a license or chip is found, to make a reasonable attempt to return such animal to its owner. 4. Coordinating with IHS's veterinary clinic to ensure that all dogs and cats are spayed or neutered prior to adoption. F. Responsible Animal Ownership Services. IHS shall provide services to support the goal of responsible animal ownership in the respective territorial limits of Meridian, including public information and education, making recommendations to Meridian regarding needed changes in policies, fees, and ordinances, and other community animal welfare matters. IHS shall strive to reduce animal-related violations and increase voluntary compliance with animal-related provisions. Further, IHS shall: 1. Provide court-ordered humane animal education classes to individuals convicted of animal cruelty and neglect regularly (no less frequently than every sixty (60) days). IHS may charge a fee for such humane animal education classes, which is paid by the individuals who attend such classes. 2. Promote animal adoptions. 3. Continually educate the public regarding the benefits of spaying or neutering pets. 4. Issue Meridian dog licenses in accordance with this Agreement. 5. Promote citizen compliance with dog license requirements. II. RECORDKEEPING,ACCOUNTING,AND REPORTING. A. Operations records. IHS shall prepare and maintain complete and accurate records regarding its performance of Scope of Services, including, without limitation, records of the disposition of any animal picked up by IHS, by a Meridian employee, or by a private citizen and then delivered to IHS ("Impounded Animal"). B. Separate accounting. IHS shall maintain accurate and complete records of its operating expenses in connection with the Scope of Services. IHS shall account for services provided under this Agreement separately from other functions to the extent administratively feasible, and shall establish a reasonable basis for allocated costs. C. Records of fees. IHS shall maintain accurate and complete records of the fees it collects on behalf of each of Meridian. D. Annual Report. IHS shall provide a written annual report, no later than January 31 of each year to each of Meridian. The annual report shall include the information provided in Exhibit B, and: 1. Documentation showing the current service levels in Meridian in comparison to a three-year average baseline. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 9 2. Projected target service levels for the next twelve (12) months. 3. Number of field calls within the jurisdictions of Meridian, sorted by call category. 4. Average response times to calls for service within Meridian. 5. Number of citations issued for animal code violations. 6. Number of Impounded Animals. 7. Number of days Impounded Animals were boarded. 8. Number of Impounded Animals returned to the owner. 9. Number of animals adopted. 10. Number of Meridian dog licenses issued by IHS. E. In-person presentation. Meridian may request that IHS present the annual report to Meridian City Council. IHS shall provide such presentation within thirty (30) days of the request. F. Requested reports. Meridian may request that IHS provide reports or documentation in addition to the annual report as may be necessary to assist Meridian in its budgeting process. IHS shall timely respond to all Meridian requests for reports and documents. G. Standard Operating Procedures. IHS shall develop internal standard operating procedures and policies ("SOPS")related to the services provided under this Agreement. All applicable IHS employees are to be trained on these SOPS. Upon request, IHS shall produce a current and accurate written copy of such SOPS. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 10 EXHIBIT B FORM OF ANNUAL REPORT SCHEDULE 1 ANNUAL REPORT MERIDIAN Idaho Humane Society Annual Statistics For the Calendar Year Ended December 31, 2024 2024 3-Year Projection Average City?County Field Calls diUided by category: AggressiUe Attack Barking Bite ❑eadllnlured Dog at Large Large?Small Animal Cruelty?Negleot Miscellaneous Pickup-Cat Pickup-dog Loose Livestook Wildlife Related Calls Extra Patrol Barrister?Sheriff's Office?City Hall,eto Total number of calls IHS aUerage response times to Priority Calls for SerUioe-Minutes Number of city licenses sold by IHS Number of Citations issued for Animal Code Violations Number of Letters and Warnings issued for Barking dogs[1st and 2nd offenses] Number of Letters issued for dog at Large Notices-2nd year Number of Warnings issued for Animal Code Violations other than Barking dog or dog at Large Number of times officers educated Us.citing Number of animals handled Number of animals impounded Number of animals returned to owner IHS General Stats (non-agency specific) Live Release rate total Cats Dogs Number of cats adopted Number of dogs adopted Total Number of animals adopted Number of animals fostered Number of spaylneuter procedures performed Number of volunteer hours logged Humane Education program youth reached MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 P;\Cir',I I EXHIBIT C CITY OF MERIDIAN IMPOUND FEES Fee Name Description Amount Impound Fee — Dog Cost of services necessary to capture a dog at large $50.00 in Meridian and impound it at the IHS facility. Impound Fee—Dog Cost of services necessary to capture a dog at large $75.00 bite case or vicious in Meridian and impound it at the IHS facility, where dog the dog has bitten a person or another animal, and/or is reported to be vicious. Impound Fee—Cat Cost of services necessary to process cat into shelter, $15.00 where animal is captured in Meridian is dropped off at the IHS facility. Impound Fee— Cost of services necessary to capture livestock or $150.00 Livestock or large large animal in Meridian and impound it at the IHS animal facility. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 12 EXHIBIT D DOG LICENSING DESIGNEE AGREEMENT The City of Meridian hereby authorizes and empowers IHS to issue dog licenses on behalf of Meridian in accordance with all applicable provisions of Meridian City Code and the following terms: A. Issuance of dog licenses: IHS shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), or any subsequent iteration thereof, including, but not limited to: 1. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed. 2. Collection of appropriate license fee. B. Rabies education. IHS shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. C. Official log: IHS shall keep an official, monthly, written log of all dog licenses issued by IHS on the form provided by City and shall keep such written log complete and current at all times. D. Administrative fee: City hereby authorizes IHS to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. E. Monthly submission to City Clerk: City shall provide dog license tags to IHS. At the end of each month during the term of this Agreement, IHS shall submit to the Meridian City Clerk: 1. All dog license fees collected by IHS on City's behalf; and 2. A true and correct copy of the IHS's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (loth) day of the month following the month for which the fees were collected and the monthly log completed. F. Remission of discrepancy: If,following the Meridian City Clerk's review and accounting of IHS's issuance of dog licenses, the Meridian City Clerk notifies IHS of a discrepancy in fees collected and data reported by IHS in the log or quantity of unissued tags, IHS shall remit to City funds in the amount of such discrepancy. IHS's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of IHS's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 13 EXHIBIT E CERTIFICATIONS 1. Pursuant to Idaho Code § 67-2346, as applicable, IHS certifies that IHS 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. 2. Pursuant to Idaho Code § 18-8703, as applicable, IHS certifies that it 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. Pursuant to Idaho Code§ 67-2359,as applicable,IHS certifies that IHS 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. 4. IHS certifies that: (i) as of the Effective Date, it is not engaged in a "Boycott," as defined in Idaho Code §67-2347A, of any individual or company because that individual or company engages in or supports (a) the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture, or (b) the manufacture, distribution, sale, or use of any "Firearm," as defined in Idaho Code §18-3302(2)(d); and (ii) it will not engage in any such boycott during the term of this Agreement. MERIDIAN-IHS AGREEMENT,OCTOBER 2024-SEPTEMBER 2025 PAGE 14 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report -June 2024 City of Meridian Monthly Financial Report FY2024 Jun-24 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 Amp I. ism �r F:\Reporting\Monthly Reports\FY2024\FY24-9 June Council Report 1 of 1 Monthly Financial Report �E IDIAN�--- FY2024 Jun-24 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL IDAHO BOND 3.55% FUND CASH 000% FIB -FIB MoneyMarket$5,071,485 •Cash$17,409,427 MONEYMARKET 5.42% .Idaho Bond Fund$76,065,649 .Idaho State Pool$129,294,792 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $4,000,000 $118,000,000 $3,500,000 $117,000,000 $3,000,000 $116,000,000 $2,500,000 $115,000,000 $114,000,000 $2,000,000 $113,000,000 $1,500,000 $112,000,000 $1,000,000 $111,000,000 $110,000,000 $500,000 $109,000,000 $0 $108,000,000 General Enterprise $107,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY24 ■FY23 F:\Reporting\Monthly Reports\FY2024\FY24-9 June Council Report 1 of 1 Monthly Financial Report FY2024 Cjf1ERjDIAN*,--- Jun-24 IDAHO 6/1/2024 GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $200,000,000 $80,000.000 $60A00,000 W.000,C00 $20,000,C00 9/30/2015 9/30/2016 9/30/2017 9/30/2016 9/30/2019 9/30/2020 9/30/2021 9/90/2022 9/30/2023 X.-penda6le ■Restricted ■Committed ■Assigned ■Assigned Reserves ■U—*.ed ENTERPRISE FUND BALANCE ALLOCATIONS 5120.000,000 S100.000,000 $80,000.000 $60,000,000 $40.000.000 $20.000.000 $_ 9/30/2015 9/30/2016 9/30/2017 9/3C/2018 9/30/2019 9/30/2020 9/30/2.021 9/30/2022 9/30/2923 ■As signed ■ll-.igned ■A—ged Reserves F:\Reporting\Monthly Reports\FY2024\FY24-9 June Council Report 1 of 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report -July 2024 City of Meridian Monthly Financial Report FY2024 Jul-24 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 s - , _� �■ _= ■ a If � F ff � ■i � 5, ,. ___ T �I Y T i ;tpmIw7tTv ��E IDIAN F:\Reporting\Monthly Reports\FY2024\FY24- 10 July Council Report 1 of 1 Monthly Financial ReportIDIAN�-- FY2024 Jul-24 D A H O City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 5.17% IF DAHO BOND FUND —A 3.55% CASH 0.00% F I B 5.42 •FIB MoneyMarket$5,095,603 •Cash$40,652,601 MONEYMARKET •Idaho Bond Fund$76,279,965 •Idaho State Pool$119,868,106 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $4,500,000 - $4,000,000 $126,000,000 $124,000,000 $3,500,000 $122,000,000 $3,000,000 $120,000,000 $2,500,000 $118,000,000 $2,000,000 $116,000,000 $1,500,000 $114,000,000 $112,000,000 $1,000,000 $110,000,000 $500,000 $108,000,000 $0 $106,000,000 General Enterprise $104,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY24 ■FY23 F:\Reporting\Monthly Reports\FY2024\FY24-10 July Council Report 1 of 1 Monthly Financial Report FY2024 E IDIAN:-- Jul-24 7/1/2024 GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $s0,000,000 $60.000.000 $40.000.000 $20.000.000m---M- *t 9/30/ZO15 9/30/2016 9/30/2017 9/30/2018 9/30/Z019 9/30/Z020 9/30/2021 9/30/2022 9/30/2023 ■N—pendable ■Reajeted ■Committed ■Assigned ■Assigned Reserves ■U-saigned ENTERPRISE FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 .. ........ .. 9/30/2015 9/30/2.016 9/30/2017 9/30/2018 9130f2019 9/30/2020 9/30/202.1 9f3012022 9/30/2023 ■As signed ■11—igned ■Assinged Reserves F:\Reporting\Monthly Reports\FY2024\FY24-10 July Council Report 1 of 1 E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : August 27 , 2024 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals , business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit ( you may be interrupted if your topic is deemed is for this forum ) Name ( please print ) Brief Description of Discussion Topic C� E IDIAN Planning and Zoning Department Presentation and Outline Item #16: Firenze Plaza MDA, CUP (H--2024-0007) Application(s): Development Agreement Modification & Conditional Use Permit Size of property, existing zoning, and location: This site consists of 1.933 acres of land, zoned C-C, located at 3182 E. Mount Etna Drive. History: Firenze Plaza Subdivision approved in 2019. The approved concept plan in the recorded development agreement for this area depicts four lots with commercial buildings. Comprehensive Plan FLUM Designation: Mixed-Use Community (MU-C) Summary of Request: Modification to the existing Development Agreement (DA) (Inst. #2017-041827) to include new owners’ information and revised concept plans for the four (4) commercial lots north of E. Mount Etna Drive. A Conditional Use Permit is being requested for a 3,320 square foot bank with drive-through for an automatic teller machine (ATM). Development Agreement: The Applicant is requesting a modification to the existing Development Agreement Inst. # 2017-041827 to update the owner’s information and revise the concept plan, elevations, site and landscape plans north of Mt. Edna Drive to reduce the commercial square footage from 20,000 square feet to 11,000 square feet, a reduction of 9,000 square feet. The applicant submitted two concept plans with the DA modification. The concurrent CUP is only approving the drive-through on the southern portion of the development for the proposed bank. Hours of Operation: The bank hours are within the required operating hours; however, the drive-through and walk-up ATM will be available twenty-four (24) hours/seven (7) days a week. Condition 2.6 needs to be amended to include language stating the ATM will be in operation after 11 p.m. Utilities: Water and sewer services were installed with the development of the Firenze Plaza subdivision. Any stubs not used should be abandoned per City requirements. Location of water meter should not be in a drive or walking path and should be in a landscaping area. The City requires twenty (20) feet easements for mains, hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and ten (10) feet beyond it. Current water stub easement does not meet City's current standards and should be updated. No trees or permeant structures are allowed in utility easements. Access: Access to the site is from E. Mt. Etna Drive via S. Eagle Road. There is no direct access to the property from S. Eagle Road. The applicant is requesting to relocate the entrance to the property further west. ACHD has approved the applicant’s request to relocate the existing entrance to the property. Parking: UDC 11-3C-5B requires one space for five hundred (500) square feet of gross floor area of the office space. Based on 3,182 s.f., a minimum of six (6) parking spaces is required. A total of thirty-two (32) parking spaces are proposed, exceeding UDC the minimum standards. A minimum of one (1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Based on thirty-two (32) vehicle parking spaces, a minimum of two (2) bicycle parking spaces is required. A bicycle rack has been depicted on the landscape plan. Landscaping: There is an existing twenty-five (25) foot landscape buffer with a ten (10) foot detached sidewalk along N. Eagle Road an arterial street. The applicant is proposing a sixteen (16) foot landscape buffer along E. Mt. Etna Drive with a five (5) foot detached sidewalk when they relocate the entrance to the property further to the west. The applicant is also proposing a twenty-five (25) foot landscape buffer along the west property line as a buffer to the residential uses with a seven (7) foot sidewalk. Landscaping shall be installed per the standards listed in UDC 11-3B-7, UDC 11-3B-8 and UDC 11-3B-9C. The applicant shall protect the existing landscaping during construction. Fencing: The applicant is proposing a privacy fence along the boundary to the west and north of the properties. The fence shall meet the requirements of UDC 11-3A-7. Building Elevations: Building elevations were submitted for the proposed Chase Bank. Building materials consist of smooth face CMU panels, glass, and fiber cement. Staff has reviewed the design which complies with the design standards in the Architectural Standards Manual (ASM). Upon approval of the Conditional Use Permit approval of the Design Review shall be issued. A conceptual design was submitted for the retail building as part of the Development Agreement Modification. Final plans will be submitted for review and approval prior to building permit submittal. Written Testimony: Andrea Covolo – Not in support of the bank at that location Joy Livingston - Not in support of the bank at that location Staff Recommendation: Approval of the DA Modification and Conditional Use Permit per the conditions and according to the Findings in the Staff Report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0007, as presented in the staff report for the hearing date of August 27, 2024. (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2024-0007, as presented during the hearing on August 27, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item #17: McKay Farm Subdivision (TECC-2024-0001) Application(s):  Time Extension Size of property, existing zoning, and location: This site consists of 9.59 acres of land, zoned R-8, located at 5875 S. Eagle Road. History: The preliminary plat (H-2020-0030) consisting of 42 building lots, 9 common lots, and approximately 11% qualified open space on 10.5 acres of land in the R-8 zoning district and was approved by City Council on June 23, 2020. Comprehensive Plan FLUM Designation: Medium Density Residential Summary of Request: Request for a two-year time extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. The previous time extension approval was set to expire on June 23, 2024; however, the subject time extension application was submitted prior to the expiration date as required. Time Extension: A 2-year time extension (TED-2022-0002) was approved by the Director to extend the period of time to June 23, 2024 in which the City Engineer is required to sign a final plat. The reason for the previous time extension request was due to the adjacent subdivision not yet being constructed which is the utility and vehicular access for this subdivision. No new conditions were placed on the application with the time extension. Preliminary Plat Approval: The reason for this time extension is that the applicant states they have been waiting for the neighboring developer, Boise Hunter Homes, to bring the underground infrastructure through their project and to their property. The applicant also states, the rule of bringing infrastructure to and through is not being upheld by the neighboring developer nor the City of Meridian in this scenario. The developer states, to date, Boise Hunter Homes has intentionally not developed their final phase to keep them from developing their plat. The adjacent property being developed by Boise Hunter Homes requested a two (2) year time extension to obtain the City Engineer’s signature for Sky Mesa Commons Subdivision No. 5 which expires on February 25, 2025. Open Space Requirement: Since the preliminary plat was approved, an amendment to the common open space and site amenity standards listed in UDC 11-3G changed. The provisions for common open space increased from 10% to 15% and require compliance with the quality standards in UDC 11-3G-3A.2 and the qualifications in UDC 11-3G-3B. The provisions for site amenities changed from one (1) required amenity to a point system based on the area of the development per the point values listed in UDC Table 11-3G-4. A total of 10.9% (or 1.15 acres) of qualified open space is depicted on the preliminary plat consisting of a large common lot with open space, a smaller common lot that holds the irrigation pump station, parkways along all proposed local streets, and half of the arterial street buffer to S. Eagle Rd. Under the current standard (i.e. 15%), a minimum of 1.58 acres is required for the 10.5-acres. In order to comply with the current open space standards, the applicant will be required to meet the current open space requirement. A total of one (1) site amenity was proposed with the preliminary plat consisting of a picnic area with shade structures located in the large open grassy area for easy access by all residents in the development. The open grassy area proposed with this development is not large enough by UDC standards to count as qualified open space and a site amenity but Staff finds that it will still be used as if it were an amenity due to its location and its relative size to the size of the proposed project. The current standard requires one (1) point of site amenity for each five (5) acres. Per the approved Development Agreement (DA), the applicant was required to provide an additional site amenity per UDC 11-3G-4. Adding more open space to the development might result in losing some of the originally planned lots. The applicant needs to update the final plat to comply with the DA stipulations as follows: • The DA limits the number of lots that can be accessed via a single common driveway to two (2) lots. • There are currently four (4) common driveways, each serving more than two (2) lots. This setup does not meet the DA requirements. To comply with the DA, the applicant will need to either redesign the layout to ensure that no more than two (2) lots are served by each common driveway or potentially lose additional lots to meet this requirement. Staff Recommendation: Approval of the subject time extension will allow the Applicant to obtain the City Engineer’s signature on a final plat and proceed with development of the property. If City Council does not approve the requested time extension, the preliminary plat will expire and a new preliminary plat application will be required. Outstanding Issue(s) for City Council: i. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number TECC-2024-0001, as presented in the staff report for the hearing date of August 27, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number TECC-2024-0001, as presented during the hearing on August 27, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number TECC-2024-0001 to the hearing date of August 27, 2024 for the following reason(s): (You should state specific reason(s) for continuance.) h2 City Council MeetingAugust 27,2024 Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 ZoningAerialFLUM Existing Site PlanProposed CUP Site Plan Existing Landscape PlanProposed CUP Landscape Plan Concept Plan AConcept Plan B ZoningAerialFLUM Looking SouthLooking North W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. Application Materials: https://bit.ly/H-2024-0007 A. Request: Modified Development Agreement to modify the existing development agreement (DA) (Inst.#2017-041827) to include new owner's information and revised concept plan for the four (4) commercial lots north of E. Mount Etna Dr. B. Request: Conditional Use Permit for a 3,320 sq. ft. bank with a drive-through for an automatic teller machine (ATM). PUBLIC HEARING SIGN IN SHEET DATE : August 27 , 2024 ITEM # ON AGENDA : 16 PROJECT NAME : Firenze Plaza ( H = 2024 - 0007 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please l provide HOA name 1 6 ' 361 � E 6" loS � YOU 3 4 5 6 7 8 s 9 10 11 12 13 14 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 8/27/2024 Legend DATE: R Project Location 1 f TO: Mayor&City Counci101e FROM: Linda Ritter,Associate Planner 208-884-5533 .. SUBJECT: H-2024-0007 Firenze Plaza—MDA, CUP LOCATION: 3182 E Mount Etna Drive in the SE 1/4 of the SE 1/4 Section 29,Township 3N., - Range l E. " I. PROJECT DESCRIPTION Modification to the existing Development Agreement(DA) (Inst. #2017-041827)to include new owners' information and revised concept plans for the four(4)commercial lots north of E.Mount Etna Drive. A Conditional Use Permit is being requested for a 3,320 square foot bank with drive- through for an automatic teller machine(ATM). II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 1.933 acres Future Land Use Designation Mixed-Use Community(MU-C) Existing Land Use Commercial Proposed Land Use(s) Commercial Current Zoning Community Business District(C-C) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 12/12/2023 attendees: History(previous approvals) AZ,CPAM,PP(H-2016-0102);DA Instr.#2017-041827;FP(2019-0067) Page 1 1 1 I 1 nnllilrr�d=�s� r: •i.�... ;; I{IIIIIIIIIIIO+III■ IIIgIr� ,�f�r�f���r�� - i � . - Legend Legend V Project Location Project Location NOMINEE _uu1�unnnm�i ■�. 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Legend q+�p qA■Milli � � � ■��■{■fl III � I ���■{■fl III Project Location •* y�,� ■�Ll�fl * l R�Lgflfl 111 iI► _. ���'` ■III w�� , „vim'`�11111 Project Location III■II iflfll■ IIIIIIr� �r�����C 1��' I'/� �r�`���Wi..c i11n11 IIIIIIIIIIq.'di'1_w■I -- 11111 Planned City Limit IIIIII:� *w■L, MTV--"'T- !1_L' u� uuu'uuu nn nn�-11■1111 i�L■■\ � � illu. •• - 1111 C, ��1■�■\ � LIII{ mmhi,�� __nn nlr. �rm■■y III n■- �Imm■■y �I� ii oil = mot uu uu p�J 111� anon mi uu�- -� m mm.nnn wyr_ i_■uuunl,W:�i�Innlr/��y��:111 mi :� 0 111111111111 :■r I, .t� ��-r■ ......111r um-,1 •I��j�i•�N n1��f1111i Illrllllllll'�J.7�,�1 II�frG7ef7R7L7L7C7C]:� �'Je yr�f lam �r mil,■_ Ili y •lam ro nln;.: I 11111i � 111P /y I� ��I'11111i � 7 w 111P•• �•Vi iiiiii r■` _ �° - ■=��piVtii iinii ■■`s`��°[s �" —III �� _=�.; III►� �y ` SH71724 zz -AMITY -�- F�'�in1 1. —AMITY .�+- _- ■■■11 ilYll■■■ 1; JIB_ �. 'i ��■■■■■■■■■ •- - rlrINI •, •, i11111111111111111P=_ llllllllll-j Ill�hll I IImo�-- �_IIIIIIIIIIIII =i_tiiiu iiw ■■ , rlr - -�auw -IIIIIrIr� - �-pp IIIIIrIr� +Illllllrl . ■--�Illllun �I-� 'llll►�1 IIIIII,Inl��� 11 IIIr{ 111111111111,I�IrI� 1111 111111 � ���1 i� 1111 M���q IIIII■1����y111� 1111111111�Ipu111 1111��+ Iry1� 1111 � r� �y1■111:��+wllby.��i.,'� e-.__: :m+ .,ar+;ice III. APPLICANT INFORMATION A. Applicant: Aaron Zuzack,Browman Development Company, Inc. — 1556 Parkside Drive,Walnut Creek, CA 94596 B. Owner: Same as Applicant C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 07/02/2024 8/6/2024 Radius notification mailed to properties within 500 feet 6/25/2024 8/5/2024 Public hearing notice sign posted 7/8/2024 8/9/2024 on site Nextdoor posting 6/25/2024 8/6/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Mixed Use Community on the Future Land Use Map(FLUM). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood areas,but not as large as in Mixed Use—Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Sample zoning include: R-15,R-40,TN-R, C-C and L-O. No changes to the FLUM designation or zoning is proposed with this application. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Existing city water and sewer service are available at this location. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Page 3 A bank with a automatic teller machine and retail building does not conflict with the existing land uses in the area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) With development a twenty-five (25)foot landscaped street buffer will be required along the northern property line to buffer the commercial property from the residential zoning district in accord with UDC 11-3B-9 standards. Staff is also requiring a six (6)foot privacy fence be placed along the northern boundary adjacent to the residential property. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 25 foot wide landscape buffer and fence will be required to be provided with development along the property boundaries adjacent to the residential property. Landscaping along S. Eagle Road was installed with the development of the the plat. The developer will be required to protect the existing landscaping during development of the properties. Landscaping shall be installed per UDC Table 11-2B-3 and 11-3B-9. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity." (6.01.02B) Access to the property is via E. Mount Etna Drive, a local road. There is no direct access to S. Eagle Road from the property. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk was constructed with the development of the Firenze Plaza subdivision (FP-2019-0067). Hook-up to City water and sewer service was a requirement of the approved plat. • "Support beautiful and high quality development that reinforces neighborhood character and sustainability."(5.01.02) The design of the building fits in with the surrounding area and neighborhood character. Staff reviewed and approved the design of the building proposed for Chase Bank to be located on the parcel addressed as 3182 N. Mount Etna Drive. VI. STAFF ANALYSIS The applicant is requesting a Conditional Use Permit and modification of the existing Development Agreement to reflect the change in ownership and change the layout of the parcels to include a bank with a drive through ATM and a retail tenant building with or without a drive through use. Instead of the property lay out with 4 buildings comprising of 20,000 square feet,the applicant is proposing two buildings (3,320 square foot bank with drive through ATM and a 4,900 square foot multi-tenant commercial building with a drive-through or a 7,600 square foot multi-tenant commercial building without a drive through). A maximum total of 11,000 square feet of retail/commercial uses which is a reduction of more than 9,000 square feet of allowable buildable area. A Conditional Use Permit is require Page 4 for the ATM drive through. All uses shall be required to meet the UDC standards for the C-C zoning district. The proposed bank ATM drive through is subject to the following Specific Use Standards(UDC 11-4-3- 11)—Drive-Through Establishment: (Staff analysis in italics) A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area,pick up windows, and exit lanes)is: 1. Not within three hundred three hundred(300) feet of another drive-through facility, a residential district, or an existing residence: or 2. Separated by an arterial street from any other drive-through facility,residential district or existing residence; or 3. Not within the O-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 O-T zoning district. The site plan shown is Exhibits B provide the location of the stacking lane for the proposed ATM. Speakers and menu boards are not being proposed. 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. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive through is visible from S. Eagle Road. D. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. Dimensional Standards(UDC L1-2): The proposal would meet the dimensional standards for setbacks, landscape buffers,parking and height requirements. Staff ,finds the proposed bank with an ATM drive through if approved at this location would be compatible with the existing surroundings and integrate into the community. Hours of Operations(UDC 11-213-313): The UDC(11-2B-3B) limits business hours of operation in the C-C zoning district from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district; extended hours may be Page 5 requested through a CUP. These restrictions apply to all business operations occurring outside an enclosed structure, including,but not limited to,customer or client visits,trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure,including,but not limited to,cleaning,bookkeeping, and after hours work by a limited number of employees. The bank hours are within the required operating hours; however, the drive-through and walk-up ATM will be available twenty-four(24) hours/seven (7)days a weeks. Self-Service Uses(UDC 11-3A-16) Any unattended, self-service uses, including,but not limited to,laundromats, automatic teller machines(ATMs),vehicle washing facilities,fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided. A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. C. Landscape shrubbery shall be limited to no more than three(3)feet in height between entrances and financial transaction areas and the public street. Staff ,finds the proposed bank with an ATM drive through if approved at this location meets the above requirements. Access(UDC 11-3A-3,11-3H-4)• Access to the site is from E.Mt. Etna Drive via S. Eagle Road. There is no direct access to the property from S. Eagle Road. The applicant is requesting to relocate the entrance to the property further west. ACHD has approved the applicant's request to relocatate the existing entrance to the property. However;staff is not in support of this proposal as the improvements have been installed and it interfers with the cross access that was approved with the recorded plat. Utilites have already been installed and would need to be relocated. Staff recommends the concept plan be revised to keep the access in its current location. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required for every 500 square feet(sf.) ofgross floor area of the office space. Based on 3,182 sf., a minimum of six(6)parking spaces is required. A total of thirty-two (32)parking spaces are proposed, exceeding UDC the minimum standards. A minimum of one(1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Based on thirty-two (32) vehicle parking spaces, a minimum of two (2) bicycle parking spaces is required.A bicycle rack has been depicted on the landscape plan. Sidewalks(UDC 11-3A-17): Sidewalks were installed with the approved Firenze Plaza subdivision along Eagle Road and E. Mt. Etna Drive. The applicant is proposing to relocated the entrance further west on E. Mt. Etna Drive. Landscaping(UDC 11_3B): There is an existing twenty-five (25)foot landscape buffer with a ten (10)foot detached sidewalk along N. Eagle Road an arterial street. The applicant is proposing a sixteen (16)foot landscape Page 6 buffer along E.Mt. Etna Drive with a five (5)foot detached sidewalk when they relocate the entrance to the property further to the west. The applicant is also proposing a twenty-five (25) foot landscape buffer along the west property line as a buffer to the residential uses with a seven (7)foot sidewalk. Landscaping shall be installed per the standards listed in UDC 11-3B-7, UDC 11-3B-8 and UDC 11-3B-9C. The applicant shall protect the existing landscaping during construction. Fencing(UDC 11-3A-6,11-3A-7)• The applicant is proposing a privacy fence along the boundary to the west and north of the properties. The fence shall meet the requirements of UDC 11-3A-7. Outdoor Lighting(UDC 11-3A-111 All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11 C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure I in UDC 11-3A-11C. Utilities(UDC 11-3A-21): Water and sewer services were installed with the development of the Firenze Plaza subdivision. Any stubs not used should be abandoned per City requirements. Location of water meter should not be in a drive or walking path and should be in a landscaping area. The City requires twenty (20)feet easements for mains, hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and ten (10)feet beyond it. Current water stub easement does not meet City's current standards and should be updated.No trees or permeant structures are allowed in utility easements. Structure and Design Standards (UDC 11-3A-19 I Architectural Standards Manual): Building elevations were submitted for the proposed Chase Bank as shown in Section VIII(F). Building materials consist of smooth face CMUpanels, glass, and fiber cement. Staff has reviewed the design which complies with the design standards in the Architectural Standards Manual(ASM). Upon approval of the Conditonal Use Permit approval of the Design Review shall be issued. Conceptual design was submitted for the retail building aspart of the Development Agreement Modification. Final plans will be submitted for review and approval prior to building permit submittal. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The Applicant is requesting a modification to the existing Development Agreement Inst. #2017- 041827 to update the owner's information and revise the concept plan, elevations, site and landscape plans north of Mt. Edna Drive to reduce the commercial square footage from 20,000 square feet to 11,000 square feet, a reduction of 9,000 square feet. The applicant submitted two concept plans with the DA modification. The concurrent CUP is only approving the drive-through on the southern portion of the development for the proposed bank. Staff is not in support of another drive-through on the northern property and therefore does not support Concept Plan A. The applicant has provide a legal description for the boundary of the new DA. Staff recommends the following DA provison be included in the new DA: Page 7 1. Revision of the concept plan to show the entrance to the property at its current location. 2. Eliminate the concept plan showing the drive through on the northern property. EXISTING SITE PHOTOS 41 — _ -+ ��fs} may' Fs�' �•� � .y,ty� } Page 8 a. VII. DECISION A. Staff: Approval: Staff recommends approval of the proposed modification to the Development Agreement and Conditional Use Permit per the DA provisions and conditions in Sections IX and the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on July 18,2024. At the public hearing,the Commission moved to recommend approval of the subject Conditional Use Permit and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Aaron Zuzack,Tamara Thompson b. In opposition: Romeo Gervais,Andrea Covolo,Joy Livingston C. Commenting: Romeo Gervais d. Written testimony: Andrea Covolo,Joy Livingston e. Staff presenting application: Linda Ritter,Associate Planner f. Other Staff commenting on application: Bill Parson,Planning Supervisor 2. Key issue(s)of public testimony a. Drive-through next to residential parcel,relocation of the existing access point 3. Key issue(s)of discussion by Commission: a. Entrance location and drive-through on the north property 4. Commission change(s)to Staff recommendation: Page 9 a. Include Concept Plan A and remove the condition to leave the entrance in its current location. 5. Outstanding issues for City Council: a. None VIII. EXHIBITS A. Existing Site Plan (5/26/2016) i I yy I. - I•i� I I - _ __.r _I I. J �n a Of e I.. I I orr coxe.l I z- T Prelim.rf Plal-PAL Etu Mi.&Offices Commercial Sit.Plan E aWI�+M o � w 6 _ — V�r � w w• w.•vu.ww• m•...vx PP1.02 Page 10 B. Proposed Conditional Use Permit Site Plan(4/18/2024) E E ---- --- --------- ffl U E I 41& II 8 C1.00 C. Proposed DA Modification Site Plan A and B(4/18/2024) UND NOT A RR LIMUP ......... ... ...... . ... ... ....... ... E E -4A ....... cL E loll! O In a is Siln Plan > C1.00 Page 11 L TH, ILA M.,OP Zr .. .......... 'Wrr" E D Sile Plan E in M7- -7 C2.00 Page 12 D. New DA Legal Description LEGAL DESCRIPTION ►A0a2 T HE Exhibit"A" LAND GRDUP March 4,2C24 Project No..123141 DEVELOPMENT AGREEMENT MODIFICATION FIRST MERIDIAN LP An area of land being Lots 3.,2,3&4,Block 2 of Firenze Plaza Subdivision,as same is shown in the official plat thereon,recorded in Book 124,Page 19867,Ada County records,located in the Southeast one quarter of the Southeast one quarter of Section 29,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: COM ME KING at the South One Sixteenth comer of said Section 29,(from which point the Southeast corner of said Section 29,bears South 00'37'07'west,1121.29 feet distant);thence North 89'39'52"West,49.01)feet,to a point on the westerly right of way line of South Eagle Road;thence on said westerly right of way line,South 00'37 Q7'west,210.27 feet,to a point common to the northeast corner of said Lot 4,Block 2 and the northeasterly corner of said Firenze Plaza Subdivision AND the POINT OF BEGINNING: Thence continuing of said westerly right of way line,South 00"17'07"West,7.76 feet; Thence South 04'22'S7"west,144.71 feet; Thence South 00'37 07"west,81.76 feet; Thence South 51'56'30"west,34.58 feet; Thence South 00'37 07"west,19.09 feet; Thence North 89'22'53'west,5.00 feet; Thence South 00'37'07"west,1.00 feet,to a point common with the northerly right of way line of East Mount Etna Drive; Thence on said northerly right of way line,North 99'22'53"west,273.80 feet; Thence leaving said northerly right of way line,North 00°37'07"East,274.02 feet; Thence South 89°40'14"Fast,316.30 feet,to the POINT OF BEGINNING_ The above-described area of land contains 1.913 acres(84,225 Ft'),more or less. PREPARED BY: LLA The Land Group,Inr. pTt`f' Michael Femenia,PLS 0 b3 L ZU2# 462 East Shore Drive.Suite 1DO.Eagle.Idaho 93816 200.939.4941 thelandgroupina."FM Page 13 D.A. Modification for First Meridian LP Situate in a portion of the SE 1r4 of the SE 1'4 of Seetioe 29, Township 3 Harth,Range 1 East,Boise Meridian,Clay of Meridian, Ada County,Idaho 2024 L1 1 I 8116 CDR SEC 29 I� ABS IM LE I � � G f APN'1 ?M9355 POP S89'417'14"E 316.38' _ _ I 4��NL LA � 50"N7'YY 7.78' f DAM6Q r zs 1.933 Acres± a I Line Table SI I LINE BEARING LENGTH I I � Ll '293�1srw 49.0 II I Q 2 � I � L2 561'5630w 34�9• o tr� r L3 50T370J�Y 1B.J9' II by L4 W225M aw _ LS S00'3T m 1AP 789-22'53'W 273.0 L4 E. ]Mount Etna Dr, 504"37'07'W 69_G6' fL1N— R-W— R+W I 5E COR SEC 29 a r Exhibit "'B" L � Horllarltal Scale:1'=3G' Peo�SclN�:123}43 � � rJa6e of Issuaflce:Mach 4.2D24 f THE Development Agreement Modification LARD First Meridian LP s3� MW Firenze 2 Page 14 E. Existing DA Concept Landscape Plan (10/12/2016) I 1 I � I I I 1 � — I I — 1 i --i---------------------------= 3. PrelBe oq Plal-iR E4w 00ve d OPAsU Landscape Plan I.WEaYa rwM,e� �. I�aP.iWYaw: El ,.._...-..__,..... !PLAN[5CHEQVLE W,��..........�.. ��� - ..w,,,.....,,..._.. :off=wn...__ •� �� LP1.OE F. Perimeter Fence Detail (6/27/2024) Fireawe Plan Phase z NW Eagle A Mnant Etr,Dw, Fence oetags wn�wigos�Ea vMCEAu wwaw aaenneosopwm � eoaeoe III Ill.l au01vi'�oarea __ ao.,o.,00..ew. III � � III ourt+n r�.¢wss VI VI 1 1 PERIMETER FENCE ELEVATION PERIMETER FENCE PLAN DETAIL Ass 110.1a- Page 15 G. Proposed Conditional Use Permit Landscape Plan (3/01/2024) nnm saEouE__ _ — lMel Nvha s _.v_ � �eE q-� is 0 if $ L2'00 Page 16 H. Building Elevations Concept A (l1/30/2023) 134 Er -------- Puoel7 I. Building Elevations Concept B (3/06/2024) IAT� WEST ELEVATION, �7 f — NORTH ELEVATION SOUTH ELEVATION :c %e _ o X EASY ELEVATION LL EXTERIOR FINISHES Page 18 IX. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Development Agreement Modification fGV the Tiit��I,eLRZG12TiGCa"112f�, [12G app2Z000I.1 shall e�1Ze-FG'iTJCC[ E6nEf;1}t-i3la-a that shows i3zcmcrc-yisvicesS-iir�the c*rscrflgzvcucrvir. 1.1 The new DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The DA shall,at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the Concept Plan A or B and conceptual building elevations included in Section VIII and the provisions contained herein. 2. Conditonal Use Permit 2.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-11 —Drive- Through Establishment. 2.2 The Applicant shall comply with the specific use standards listed in UDC 11-3A-16—Self- Service Uses. 2.3 Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards. 2.4 The applicant shall install the privacy fence as shown on the approved site and landscape plans that is adjacent to the residential parcel to mitigate noise and glare from headlights of vehicles utilizing the proposed drive-through per UDC 11-3A-7. 2.5 Protect the existing landscaping on the site during construction,per UDC 11-3B-10. 2.6 The facility hours of public operation shall be limited to 6:00 a.m.to 11:00 p.m. because the property abuts a residential zoning district per UDC 11-2B-3B. 2.7 Prior to building permit submittal,the Applicant shall obtain Certificate of Zoning Compliance(CZC) and Design Review approval. 2.8 The site and!andse"e plans submitted with the Ceffifieme of Zenine Complian shall deviet the fellowia,,i� a. The. s t the r reFox: it's , at leemian. 2.8 The conditional use permit is valid for a maximum period of two (2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested asset forth in UDC 11-5B-6F. B. PUBLIC WORKS https:llweblink.meridianciU.or lWebLinkIDocView.aspx?id=349838&dbid=0&repo=MeridianC Lty Page 19 C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=354401&dbid=0&repo=MeridianC Lty D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org WWebLink/DocView.aspx?id=352867&dbid=0&repo=MeridianC hty E. BOISE PROJECT BOARD OF CONTROL(ITD) https://weblink.meridiancity.org/WebLink/DocView.asp x?id=352034&dbid=0&repo=MeridianC hty F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orgIWebLink/DocView.aspx?id=353876&dbid=0&re2o=MeridianC hty G. KUNA SCHOOLS https://weblink.meridiancity.org/WebLink/DocView.aspx?id=349955&dbid=0&repo=MeridianC hty X. FINDINGS 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 (Le drive-through establishment)and can meets all of the dimensional and development regulations of the C-C zoning district. 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 (i.e. drive-through establishment) will be harmonious with the Meridian Comprehensive Plan. 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. Commission finds 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 (i.e. drive-through establishment) will not adversely change the essential character of the same area with the addition of a 25 foot landscape buffer and the addition of a privacy fence or wall. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Page 20 Commission finds that the proposed use(i.e. drive-through establishment) will not adversely affect other property in the vicinity. 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 can be served by essential public facilities and services as required; the proposed use(i.e. drive-through establishment) will not have an impact to the provision of services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Commission finds the proposed use (i.e. drive-through establishment) will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 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 (i.e. drive-through establishment), 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. 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 (i.e. drive-through establishment)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 21 C i E IDIAN.;--- Agenda Item Applicant Presentation FIRENZE PHASE 2 AUGUST 27, 2024CITY COUNCIL MEETING V Vicinity Map AP M ICINITY F C -16 acres (40%) = C8-24 acres (60%) = RProperty = 40 Acres Zoning LAZA P IRENZE F Master Plan LAZA P IRENZE F C -16 acres (40%) = C8-24 acres (60%) = RProperty = 40 Acres Existing Conditions LAZA P IRENZE F 2 acres (12.5%)14 acres (87.5%)-C Existing Conditions LAZA P IRENZE F Approved Preliminary Plat LAZA P IRENZE F Final Plat LAZA P IRENZE F Residential Concept Plan LAZA P IRENZE F LAZA P IRENZE DA Modification PlansSite Plan BSite Plan A CUP Plan THANK YOU ACHD approval letter dated March 29, 2024 w IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for McKay Farm Subdivision (TECC-2024-0001) by Sam Johnson, Scentsy, Inc., located at 5875 S. Eagle Rd. Application Materials: https://bit.ly/TECC-2024-0001 A. Request: for a second time extension for the preliminary plat of Mckay Farm Subdivision PUBLIC HEARING SIGN IN SHEET DATE : August 27, 2024 ITEM # ON AGENDA : 17 PROJECT NAME : McKay Farm Subdivision ( TECC - 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 1 21;1)q VV 2 I� ric � el� SGr , e A) 3 4 5 6 7 8 9 10 11 12 13 14 i STAFF REPORT C� W IDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/27/2024 Legend RUT R-15 C7.NA 0 DATE: C-N Project Location TO: Mayor&City Council R_4 R-2 R4 ' R-8 FROM: Linda Ritter,Associate Planner 208-884-5533 _8 R-15 _ R-15 ., SUBJECT: TECC-2024-0001 R 40 !l? — C C R-8 RUT r McKay Farm Subdivision �i: R-8' R.4 R-8 R-2 LOCATION: 5875 S. Eagle Road, on the west side of R-15 S. Eagle Road between E.Amity Road _ and E. Lake Hazel Road,in the NE 1/4 of T the SE 1/4 of Section 32, Township 3N., Range 1E. SW I. PROJECT DESCRIPTION Request for a two-year time extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 10.5 Existing/Proposed Zoning R-8 Future Land Use Designation Medium Density Residential(MDR) Existing Land Use(s) Residential and Agricultural Proposed Land Use(s) Residential Neighborhood meeting date;#of 03/07/2024 attendees: History(previous approvals) H-2020-0030(AZ,PP);DA Inst.#2020-095243;TED- 2022-0002 III. APPLICANT INFORMATION A. Applicant: Sam Johnson—Scentsy Inc,2701 E. Pine Ave,Meridian, ID 83642 B. Owner: Sam Johnson-HBU Investments LLC,2701 E. Pine Ave,Meridian,ID 83642 Page 1 C. Representative: Sam Johnson-Fairbourne Development LLC, 2701 E.Pine Ave,Meridian,ID 83642 IV. NOTICING City Council Posting Date Notification published in newspaper 8/6/2024 Notification mailed to property owners within 300 feet 8/5/2024 Applicant posted public hearing notice on site 8/15/2024 Nextdoor posting 8/6/2024 V. UNIFIED DEVELOPMENT CODE ANALYSIS UD Per UDC 11-6B-7C, "Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, 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." VI. STAFF ANALYSIS The Applicant requests approval of a 2-year time extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. The previous time extension approval was set to expire on June 23,2024; however,the subject time extension application was submitted prior to the expiration date as required. The preliminary plat(H-2020-0030)for this project consists of 42 building lots, 9 common lots, and approximately 11%qualified open space on 10.5 acres of land in the R-8 zoning district and was approved by City Council on June 23, 2020. A 2-year time extension(TED-2022-0002)was approved by the Director to extend the period of time to June 23,2024 in which the City Engineer is required to sign a final plat. The reason for the previous time extension request was due to the adjacent subdivision not yet being constructed which is the utility and vehicular access for this subdivision.No new conditions were placed on the application with the time extension. The reason for this time extension is that the applicant states they have been waiting for the neighboring developer,Boise Hunter Homes,to bring the underground infrastructure through their project and to their property. The applicant also states,the rule of bringing infrastructure to and through is not being upheld by the neighboring developer nor the City of Meridian in this scenario. The developer states,to date,Boise Hunter Homes has intentionally not developed their final phase to keep them from developing their plat. Since the preliminary plat was approved, an amendment to the common open space and site amenity standards listed in UDC 11-3G changed. The provisions for common open space increased from 10% to 15%and require compliance with the quality standards in UDC 11-3G-3A.2 and the qualifications in UDC 11-3G-3B. The provisions for site amenities changed from one(1)required amenity to a point system based on the area of the development per the point values listed in UDC Table 11-3G-4. Page 2 A total of 10.9% (or 1.15 acres) of qualified open space is depicted on the preliminary plat consisting of a large common lot with open space,a smaller common lot that holds the irrigation pump station, parkways along all proposed local streets, and half of the arterial street buffer to S. Eagle Rd. Under the current standard(i.e. 15%),a minimum of 1.58 acres is required for the 10.5-acres.In order to comply with the current open space standards,the applicant will be required to meet the current open space requirement. A total of one(1) site amenity was proposed with the preliminary plat consisting of a picnic area with shade structures located in the large open grassy area for easy access by all residents in the development. The open grassy area proposed with this development is not large enough by UDC standards to count as qualified open space and a site amenity but Staff finds that it will still be used as if it were an amenity due to its location and its relative size to the size of the proposed project. The current standard requires one(1)point of site amenity for each five(5) acres.Per the approved Development Agreement(DA),the applicant was required to provide an additional site amenity per UDC 11-3G-4. Adding more open space to the development might result in losing some of the originally planned lots. The applicant needs to update the final plat to comply with the DA stipulations as follows: • The DA limits the number of lots that can be accessed via a single common driveway to two (2)lots. • There are currently four(4) common driveways, each serving more than two (2)lots. This setup does not meet the DA requirements. To comply with the DA,the applicant will need to either redesign the layout to ensure that no more than two(2)lots are served by each common driveway or potentially lose additional lots to meet this requirement. Approval of the subject time extension will allow the Applicant to obtain the City Engineer's signature on a final plat and proceed with development of the property. If City Council does not approve the requested time extension,the preliminary plat will expire and a new preliminary plat application will be required. VII. DECISION A. Staff: Staff recommends approval of the proposed time extension for a time period of 2 years as requested for the application to expire June 23, 2026. Page 3 VIII. EXHIBITS A. Preliminary Plat(date: 1/31/2020) PRELIMINARY PLATLIZ,�, o • EGEN� —— McKAY FARM SUBDIVISION - ►l�Sp` I I� � _ p I� _-.R�P rll �i� r 1 of L f --7---T— I �� i l a � i�� ��•,,,t• I I I I I l l � �:�tC 1 i i I � u -- i ..,... o.. •i' I f ® _i �Y SAtl. I• f�•a � f m' o I ®if I .�Y i 5���:,m{..�.'I � �,�.E� • :L P ; . �.,.mot-�-1-.;0--d-t�_�.��'� l'.•-.m,-..a I 7 i 14 SO -- 9 F - - �� ^ 1 I I 5 I I I x I �1g�I I I pN I / �• a a }i NCI I Page 4 B. Conceptual Site Plan(1/31/2020) i sKrr+asawsowisioe a � �-+ 3 ----------- A ' -- -- — a �n o w ® — �t-� 19 i I1� MCKAY FARM SUBDIVISION - = ®5875 S EAGLE RD MERIDIAN,IDAHO 83642 C. Landscape Plan(date: 1/23/2020) .xr cuwmxwLANDSCAPE LEGEND p ®--- ® I o..,...e,,.. s � r .I CALLOUT LEGEND n , .... I PROJECT INFORMATION a LANDSCAPE REQUIREMENTS O❑ 0. �rr•� «r,, r r v wr-� w•, e • >' Q d Lu w PLAN as PLANT SCHEDULE � Q: 9 L1.1 Page 5 D. Open Space Exhibit(date: 8/6/2024) MCKAY FARM SUBDIVISION ON- �Kjmw- OPEN SPACE EXHIBIT 0 50 100 200 SCALE: 1"=100' �1 8S peal ---- o - WT S.GusTAV AYE N� �----- � __-__--- 1 -- ixw�•Mxv�w��:n-v.'y wx-r-:"^�•w Y �' � 0 Gal •.[:NixiM;'rir-l;-ix�w:v- .'•i•J'ivx:i.:'xvw•r• y� ra �OC1(1 J TRHau .wavr-v-v-�W N•"wx.••'.:v" -:•en: ::- ,4Fy: rwrirrr IUD• ,y w��J?'.,•n+ v- rr rr _ WW v.Y _�-'•�_nn�[_y a AYE'• " ,I I� „o i •• 1 � I I I I I x. - wr•-W -�n•.W-::rr-: -r:•M-- - �=rr--��'v•'':- :•iY:iJ�r:-v.^:x--w,-"+iy:rY-:.x - - :-r..Y+nw---�--. ..rx:-x.•.r.�v.�-•-e:^�iv:��.vrx:-v..r.vr-�'-xmv:isi.:"-ir..v-.:ii%i, :._:�:vr-:::�:i,..�i� -.v.--r-_w-x...r-:-r-::r�� ::.rr-w.•M.. --�:.•r-.i�x i..r xr-r:xM v"-.::"-•--w.ar�.rr--":..:- ."-.-Y:•v-.w--- •."-.W--v.::^:-:.:"-•-r•.•r-::•.v-�x.•.a?x- .w:-w-wvrx_x.::-w ....rr- x:.i:._.�-:r..r-::r.�--i... �v W.i::v-::-i%:w:: v.:r•'::i%::�••ivH x-:'!:'nw _ .vxvw---r_-- ...."-•-i...•er�x.•-�:vx-w..::._rx:-v...•- .....iv.•.•l-:i..v-w-.v.::rrr-w•-xmvv..i---x•-i.•.•r-:::rr-. .?4 v�rr_-ir:..r-.•r.:•�:-r."-•-w.::-:i::-. xi�v.•.r-:.ri:-i..w-::x::�:-xxiw•."-•_ S-EAGLE ROAD PREPARED BY CIVIL. SURVEY CONSULTANTS. INC. 2893 S. MERIDIAN ROAD EXHIBIT MERIDIAN IDAHO 83642 NOTFOR DATE: BUG 6, 2024T11OH Page 6 McKay Farm Subdivision Open Space Calculation Prepared By: Civil Survey Consultants,Inc. 2893 S.Meridian Road Meridian,Idaho 83642 Date:August 6,2024 Open Space Percentage= Total Open Space X 100 9'a Total Sub Area Open Space Lots Acres Additional Lot Area(Sf) (At) Info Lot 1 Black 1 6344 0.12 Lot 7 Black 1 4040 0.09 Lot 11 Block 1 30310 0.70 Lot 1 Blnck4l 2183 0.05 Lot 1 Block 15156 0.35 Tata l 67033 1.31 Parkway Calculations Acres Additional Category Area(Sf) (Ac) Info GrOss Parkway Area(8'Wide) 15727 0.36 - Number Building Lots - 38 Lots Typ.Driveway Width - 26 ft Driveway Area 7904 0.18 - Net Parkway Area 7823 0AB Total Given Sub Area':415813 Sf or 9.55Acres Final Open Space Percentage- 57033+ (15727— 7904) _ 15.Goo 415813 'NOTE:The S.Eagle Road right-of-way was not considered for the open space square footage calculation. Page 7 IX. CONDITIONS OF APPROVAL 1. Provide an additional .43-acre of common open space that complies with the quality standards listed in UDC 11-3G-3A.2,the qualifications listed in UDC 11-3G-3B and the general standards listed in UDC 11-3G-5. 2. Provide an additional site amenity for a total of two(2)amenity points that comply with the qualifications listed in UDC 11-3G-4 and the general standards listed in UDC 11-3G-5 per the recorded DA. 3. Comply with all previous conditions of approval for this development H-2020-0030(AZ,PP); DA Inst. #2020-095243; TED-2022-0002. Page 8 C i E IDIAN.;--- Agenda Item Applicant Presentation McKay Farm Sub Subject APPROVE: June 23, 2020•Subject Property Sky Mesa Subject Southern Highlands plat• Sky Mesa Commons Subject Recorded: 12/10/2018•Phase 1– Sky Mesa Subject Recorded: 12/18/2018•Phase I– Sky Mesa Commons Subject Recorded: 10/2/2019•Phase 2– Sky Mesa Commons Subject Recorded: 10/11/2019•Phase 3– Sky Mesa Commons Subject Recorded: 10/11/2019 •Phase 4– Sky Mesa Subject Recorded: 1/14/2020•Phase 2– Sky Mesa Subject Recorded: 9/14/2020•Phase 3– Sky Mesa Subject Recorded: 3/30/2021•Phase 4– Sky Mesa Highlands Subject Recorded: 9/7/2021 •Phase 1– Sky Mesa Subject Undeveloped request coming spring 2025Second time extension •February 2023Received Time Extension in •Left 13 lots undeveloped•Over 500 lots• W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2468: A Resolution of the City Council of the City of Meridian Certifying the Levy of$504,546 of Forgone Property Taxes in Fiscal Year 2025 for the Specific Purpose of Funding Firefighter Personnel Expenses and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2468 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN CERTIFYING THE LEVY OF $504,546 OF FORGONE PROPERTY TAXES IN FISCAL YEAR 2025 FOR THE SPECIFIC PURPOSE OF FUNDING FIREFIGHTER PERSONNEL EXPENSES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code section 50-235 empowers the City Council to levy taxes for general revenue purposes; and WHEREAS, Idaho Code section 50-1002 requires the City Council to pass an annual budget, which is referred to as an annual appropriation ordinance; and WHEREAS, Idaho Code section 63-802 sets limitations on all taxing districts concerning the amount of property tax revenue that can be used to fund programs and services; and WHEREAS, Idaho Code section 63-802(1) authorizes each taxing entity to increase property tax budget amounts by a maximum of three percent (3%),plus an amount calculated based on the value of both new construction and annexations added during the previous calendar year, plus an amount for forgone property taxes; and WHEREAS,the City Council intends to collect $504,546 of forgone property taxes in Fiscal Year 2025 for the specific purpose of funding firefighter personnel expenses; and WHEREAS,the recovery of$504,546 of forgone property taxes in Fiscal Year 2025 complies with the one percent(1%) limitation set forth in Idaho Code section 63-802(1)(e)(ii); and WHEREAS,the City Council has satisfied the noticing and public hearing requirements set forth in Idaho Code section 63-802(1)(e)(i)to collect $504,546 of forgone property taxes in Fiscal Year 2025. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian certifies that, in addition to other increases allowed under Idaho law, the City shall levy $504,546 of forgone property taxes in Fiscal Year 2025 for the specific purpose of funding firefighter personnel expenses. Section 2. That this resolution shall be in full force and effect immediately upon its passage. ADOPTED by the City Council of the City of Meridian, Idaho, this 27th day of August, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of August, 2024. RESOLUTION CERTIFYING LEvY OF FORGONE PROPERTY TAXES PAGE I APPROVED: Robert E. Simison, Mayor 8-27-2024 ATTEST: By: Chris Johnson, City Clerk 8-27-2024 I, Chris Johnson, City Clerk of the City of Meridian, Idaho, do hereby certify that the above is a full, true, and correct copy of the Resolution titled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN CERTIFYING THE LEVY OF $504,546 OF FORGONE PROPERTY TAXES IN FISCAL YEAR 2025 FOR THE SPECIFIC PURPOSE OF FUNDING FIREFIGHTER PERSONNEL EXPENSES AND PROVIDING AN EFFECTIVE DATE." By: Chris Johnson, City Clerk 8-27-2024 RESOLUTION CERTIFYING LEvY OF FORGONE PROPERTY TAXES PAGE 2 w IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2059: An Ordinance of the City of Meridian, Idaho amending Ordinance No. 23-2035, the appropriation ordinance for the fiscal year beginning October 1, 2023 and ending September 30, 2024 (FY2024), by increasing total appropriations from $233,617,299 to $241,358,900, increasing total revenue from $153,722,889 to $173,614,188, and decreasing the use of fund balance from $79,894,410 to $67,744,712; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-047714 BOISE IDAHO Pgs=6 VICTORIA BAILEY 08/28/2024 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2059 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR,WHITLOCK AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 23- 20359 THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024 (FY2024), BY INCREASING TOTAL APPROPRIATIONS FROM $233,617,299 TO $241,358,900, INCREASING TOTAL REVENUE FROM $153,722,889 TO $173,614,188, AND DECREASING THE USE OF FUND BALANCE FROM $79,894,410 TO $67,744,712; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No. 23-2035 the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1,2023 and ending September 30,2024 be and the same is hereby amended as follows: Capital Improvement Fund - 5 FY2024 FY2024 FY2024 Original Budget Amendments Final Budget Revenues Total Revenue Expenditures Operating Administration Fire:.. Police Park Total operating Capital Administration Fire 6,96 ) 6,96 ) Police (2,971) (2,971) Parke Total Capital (413198,36) ( 99836 Carr fon and- operating Administration Fire.: Police Parrs Carr fon, yard- Operating - AMENDMENT TO BUDGET ORDINANCE NO. 23-2035—FY2024 Budget-Page 1 of 7 Carryforward- Capital Administration - $ - Fire $ 4,922,579 (2,763,1377) $ 2,158,602 Police $ 3,213,219 (2,855,234) 356,984 Parks $ - - Carryforward- Capital $ 8,135,797 (5,620,211) 2,515,586 Total Carryforward $ 8,135,797 (5,620,211) 2,515,586 Total Expenditures $ 8,135,797 (5,570,047) $ 2,455,750 Transfers - - $ - Total Expenditures with Transfers $ 8,135,797 $ (5,670,047) $ 2,465,750 {Use}/Addition of =und Balance (8,135,797) $ (2,465,750) Enterprise fund - 60 - 65 M024 FY2024 M024 Original Budget Amendments Final Budget Revenues Water/Sewer Sales 30,461,744 30,461,744 OtherSources 22,468,150 $ 1,211,222 23,679,372 Total Revenue 52,929,894 1,211,222 54,141,116 Expenditures Personnel Utility Billing $ 660,539 $ 650,53.9 Public Works $ 5,427,640 $ 5,427,640 Water $ 3,138,362 $ 3,138,352 Wastewater $ 4,855,828 $ 4,855,828 Total Personnel $ 14,082,368 $ - $ 14,082,359 Operating Utility Billing $ 760,102 $ 750,102 Public Works $ 780,332 $ (0) 780,332 Water $ 3,940,330 $ 315,969 $ 4,257,198 Wastewater $ 4,559,564 $ (0) 4,559,554 Total Operating $ 10,(W0,428 315,969 $ 10,357,296 Total Personnel and Operating 24,122,796 315,859 24,439,554 AMENDMENT TO BUDGET ORDINANCE NO.23-2035—FY2024 Budget-Page 2 of 7 Capital Utility Billing - Public'Works - Water 8,440,000 $ 589,000 9,029,000 Wastewater 37,502,179 1,354,854 38,957,033 Total Capital 45,942,179 $ 1,943,854 $ 47,886,033 Carryforard - Operating Utility Billing $ - - Public'Works $ SM,554 $ (240,561) 343,993 Water $ 331,530 $ (362,043) (30,513) Wastewater $ 1,033,550 $ (224,425) $ 809,125 Total Carryforward- Operating $ 1,949,634 $ (827,029) $ 1,122,605 Carryfarward- Capital Utility Billing - Public forks - Water $ 13,226,13313 $ (2,(04,294) $ 11,222,645 Wastewater $ 27,048,552 $ (6,013,304) $ 21,035,249 Total Carry-forward- Capital $ 40,275,491 $ (8,017,598) $ 32,257,893 Total Carryforward 42,225,12.5 (8,844,527) 33,380,499 Total Expenditures $ 112,290,100 $ (5,593,906) $ 105,706,194 Transfers $ 4,330,617 $ - $ 4,330,617 Total Expenditures with Transfers $ 116,620,717 $ (6,583,1306) $ 110,036,812 (Use)/Addition of Fund Balance (63,690,823) 7,7135,129 (55,895,6136) Governmental Funds - D 1 ,07,08, 0 (01,07,08,20) (01,07,U8,20) (01,07,U8,20) FY2024 FY2024 FY2024 Original Budget Amendments Final Budget Revenues Property Taxes $ 47,639,055 $ - $ 47,639,055 Other Revenue 53,153,940 18,580,077 71,834,017 Total Revenue $ 100,792,995 18,590,077 $ 119,473,072 Expenditures Personnel Administration $ 7,8137,652 $ 2,0W $ 7,899,652 Fire $ 21,709,5133 $ 1,380,13413 $ 23,090,542 Police _ $ 27,505,411 $ 82,149 $ 27,587,559 Parks $ 5,606,859 $ - 5,606,859 Community Development $ 5,012,359 $ - 5,012,369 Total Personnel $ 57,731,883 $ 1,455,097 69,196,980 AMENDMENT TO BUDGET ORDINANCE NO.23-2035—FY2024 Budget-Page 3 of 7 Operating Administration 6,213,144 $ 16,5138,208 $ 22,811,353 Fire 2,960,035 $ 502,5413 $ 3,462,584 Police 4,916,570 $ 85,540 $ 5,002,110 Parks 4,120,358 $ 515,535 4,635,1303 Community Development 3,846,085 $ 52,608 3,899,693 Total Operating $ 22,056,201 $ 17,754,441 39,810,642 Total Personnel and Operating 89,799,094 19,219,538 109,007,622 Capital Administration $ 462,407 $ 1,449,000 $ 1,910,407 Fire $ 2,036,588 $ - $ 2,035,599 Police $ 933,130 - 933,130 Parks $ 2,276,465 4,776,032 7,052,497 Community Development $ - - - Total Capital $ 5,709,590 6,224,032 11,932,521 Carryforward- Personnel Administration $ - $ - Fire $ $ - $ - Police $ - $ - Parks $ - - Community Development $ - $ - - Total Carryforw@rd - Personnel $ - - - Carryforward- Operating Administration $ 1,070,015 $ 1,472,965 $ 2,542,1380 Fire $ 71,896 $ 12,377 $ 84,273 Police $ 609,116 (258,180) 350,936 Parks $ 696,038 (275,277) 410,761 Community Development $ 20,000 - 20,000 Total Carryforward - Operating $ 2,457,055 $ 951,885 $ 3,409,950 Carryforward- Capital Administration $ 389,431 $ (138,214) $ 251,217 Fire $ 2,102,359 $ (2,093,959) 19,400 Police $ 2,634,057 $ (244,591) 2,399,476 Parks $ 10,111,815 $ (3,933,147) $ 6,179,669 _ Community Development $ - $ - $ - Total Carryforward- Capital 15,237,663 $ (6,399,901) $ .9,837,762 AMENDMENT TO BUDGET ORDINANCE NO.23-2035—FY2024 Budget-Page 4 of 7 Carryforward Administration 1,459,446 $ 1,334,751 2,794,197 Fire 2,174,255 $ (2,071,582) 102,673 Police 3,243,173 $ (502,761) 2,740,412 Parks 10,797,854 (4,209,424) 6,599,430 Community Development $ 20,000 $ - 20,000 Total Carryforward $ 17,694,728 $ (5,449,016) $ 12,246,712 Total Expenditures 113,191,402 $ 19,995,554 $ 133,186,955 Transfers (4,330,617) - (4,330,617) Total Expenditures with Transfers $ 109,860,784 $ 19,995,554 $ 128,856,338 (use)/Addition of Fund Balance (8,067,790) (1,315,476) (9,383,256) Total GF Expenses Per G/L 108,860,787 19,995,554 128,856,341 Reconciliation Difference $ (3) $ - $ (3) Total GF Revenue Per G/L $ 100,792,995 $ 18,680,077 $ 119,473,072 Reconciliation Difference (0) - (0) Total Budget - All Funds FY2024 FY2024 FY2024 Original Budget Amendments Final Budget Revenues Total Revenue 153,722,889 19,891,299 173,614,199 Expenditures Total Personnel and Operating $ 113,910,880 $ 19,535,405 $ 133,447,296 Total Capital 51,650,769 $ 8,118,050 $ 59,769,919 Total Carryforward 69,055,650 (19,912,854) 48,142,796 Total Expenditures 233,617,299 $ 7,741,501 241,359,900 Transfers - $ - $ - Tot@IExpenditures with Transfers $ 233,617,299 $ 7,741,601 $ 241,358,900 (Use)/Addition of Fund Balance (713,8134,410) 12,149,698 (67,744,712) AMENDMENT TO BUDGET ORDINANCE NO.23-2035—FY2024 Budget-Page 5 of 7 Section 2. This Ordinance, once passed, 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 27th day of August ,2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of August , 2024. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this 27th 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. (SEAL) Notary Public Charlene Way My Commission Expires: 3-28-2028 AMENDMENT TO BUDGET ORDINANCE NO.23-2035—FY2024 Budget-Page 6 of 7 i 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 . ('Ju Z' Y"XI 0 j William L. M . Nary, City Attorn -27- 2024 SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 24 -2059 An Ordinance of the City of Meridian, Idaho amending Ordinance No . 23 -2035 , the appropriation ordinance for the fiscal year beginning October 1 , 2023 and ending September 30 , 2024 (FY2024), by increasing total appropriations from $233 , 617 ,299 to $241 ,358 , 900 , increasing total revenue from $ 153 ,722, 889 to $ 173 , 614, 188 , and decreasing the use of fund balance from $79 , 894,410 to $ 67, 744,712 ; 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 . AMENDMENT TO BUDGET ORDINANCE NO . 23 -2035 — FY2024 Budget - Page 7 of 7 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2060: An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of$255,511,778 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts specified for the fiscal year beginning October 1, 2024 and ending on September 30, 2025; to levy all such appropriate taxes and levies as authorized by law upon taxable property; to collect all authorized revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date. ADA COUNTY RECORDER Trent Tripple 2024-047715 BOISE IDAHO Pgs=6 VICTORIA BAILEY 08/28/2024 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2060 CAVENER, LITTLE ROBERTS, OVERTON BY THE CITY COUNCIL: STRADER, TAYLOR,WHITLOCK AN ORDINANCE, PURSUANT TO IDAHO CODE §50-1002 AND §50-1003,PROVIDING FOR A TITLE AND FINDINGS, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF $255,511,778 TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING ON SEPTEMBER 30, 2025; TO LEVY ALL SUCH APPROPRIATE TAXES AND LEVIES AS AUTHORIZED BY LAW UPON TAXABLE PROPERTY; TO COLLECT ALL AUTHORIZED REVENUE; TO PROVIDE FOR A WAIVER OF THE 2ND AND 3RD READINGS PURSUANT TO IDAHO CODE §50-902; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the"2024-2025 Fiscal Year Annual Appropriation Ordinance of the City of Meridian." FINDINGS: The City Council finds: Section 2. A. That it has duly noticed and held a public hearing on the 20th day of August, 2024 for a Proposed Budget for Fiscal Year 2024-2025 (FY2025) City of Meridian, Idaho; and B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2024-2025 is correctly stated in the Adopted Budget which is herein set forth in Section 3; and C. The appropriations and sums of money as hereinafter set forth in Section 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2024-2025. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as the budget and the appropriation of funds for the City of Meridian for the Fiscal Year commencing October 1, 2024 and ending on September 30, 2025 the following: 2024-2025 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE(FY2025) -Page I of 7 City of Meridian Capital Improvement Fund - 55 FY2023 FY2024 FY2025 Actual Original Budget Original Budget Revenues Total Revenue $ 694,6710 $ - Expenditures Operating Administration Fire - $ - Police - ParksTotal Operating Capital Administration Fire fi,325,121 $ - Police 5 3,404,342 $ - Parks - Total Capital 5 9,730,463 $ - Carryforward-Operating Administration Fire Police Parks Carryforward-Operating Carryforwa rd-Ca pital Administration - $ - Fire 5 4,922r579 907,612 Police 5 3r213r21a Parks 5 - 5 - Carryforward-Capital 5 - $ 8,135,797 907,612 Total Carryforward - $ 8,135r797 907,612 Total Expenditures $ 9,730,463 $ 8,135r797 907,612 Transfers 5 13,647,53E1 5 - Total Expenditures with Transfers $ fi3Oa2,9F5 $ 8,135r797 $ 907,612 (Use}/Adldition of Fund Balance {5,385,255} $ {8,135r797M 5 (907,612} Enterprise Fund - b0 - 65 FY2023 FY2024 FY2025 Actual Origina I Budget O riginal Budget Revenues Water/Sewer Sales $ 30r461,744 5 31,765,506 Other Sour€es $ 60,092,847 $ 22r46S,150 5 W,527,857 Total Revenue 60,092,847 S 52r929,894 5 52,293,363 Expenditures Personnel Utility Billing 5 572,837 $ fi60,53S S 700,443 Public Works $ 4,773,992 $ 5r427rfi40 $ 5,726,445 Water 2,693,503 3r13Br362 3,328,372 Wastewater $ 4,199,780 $ 4,855,E28 5 5,282o563 Total Personnel 12,220,112 S 14X82,36a 5 15,043,S23 2024-2025 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE(FY2025) -Page 2 of 7 Operating Utility Billing 5 884,119 5 760,102 5 950,436 Public Works 5 1,079,045 5 780,332 5 740,950 Water $ 4,004,335 $ 3,940,330 4,092,3a4 Wastewater 4,673,674 $ 4r559,564 5,362,593 Total Operating 10,641,173 $ 10,040,429 11,046,363 Total Personnel and Operating 5 22,861,2m $ 24,122,796 26,090,iafi Capital Utility Billing $ Public Works $ 55,000 Water $ 7,298,724 $ 8,440X0 fi,055,000 Wastewater $ 13,692,29-6 $ 37,502,179 43,370,000 Total Capital $ 20,991,020 $ 45,942,179 49,4H,000 Carryforward-Operating Utility Billing $ Public Works $ 584,554 $ 377,641 Water S 331,530 $ 182,809 Wastewater $ 1R33550 93fi,562 Tota I Carryforward-Operating $ $ ir949,634 1,497,012 Carryforward-Capital Utility Billing $ Public Works Water $ 13,226,939 16,262,095 Wastewater $ 27,045,552 $ 4,6,639,034 Total Carryforward-Capital $ $ 40,275,491 $ 62,951,129 Total Carryforward $ $ 42225,125 a 64,448,141 Total Expenditures $ 43,852,305 $ 112,290,100 $ 140,018,327 Transfers $ 3,369,332 $ 4330r517 4,443,945 Total Expenditures with Transfers $ 47,221,637 $ 116,620,717 144,4fi2,272 (Used/Addition of Fund Balance $ 12,871,210 $ (63,690,8231 J92,163,M43) Governmental Funds - 01 ,07.08.20 ta"Mm Rt.137)N,20E FY2023 FY2024 F52025 Actual 'DriginaI Budget Origina Budget Revenues Property Taxes 5 46,09fi,236 5 47rfi39,055 $ 513,728,163 Other Revenue 5 48,494,159 5 53,153,940 $ 51,649,194 Total Revenue 94,590,395 100,792,995 102,377,357 Expenditures Personnel Administration 5 fi,963,869 $ 7,897r652 8,619,4&4 Fire 5 16,272,943 $ 21r709,593 23,805,219 Police $ 24,947,172 $ 27r505,411 $ 30,161,193 Parks 5,110,719 Srfi06r859 5,239,583 Community Developrnent $ 3,750,470 $ 5r012r36S 5,169,085 Total Personnel 57,045,172 S 67r731,883 73,994,544 Operating Administration $ 7,417,698 $ 6r213r144 $ 7,5a8,792 Fire 3,467,348 5 2r960r035 4,024,543 Police 5,196,402 5 4r916r570 fi,398,094 Parks 5,104,021 5 4r120,368 4,943,499 Community Development 5 3,168,742 5 3,E46d085 2,420,247 Total Operating 5 24,354,210 22,056,201 25,375,175 2024-2025 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE(FY2025) -Page 3 of 7 Total Personnel and Operating 5 81,399,382 5 99,789,094 5 99,3fi9,719 Capital Administration 5 SS2,500 $ 462,407 940,000 Fire 5 9,460,a60 2,036,588 Police 2,652,009 $ 933,130 279,440 Parks 9,104,367 $ 2,276,465 2,9133,070 Community Development Total Capital $ 22,099,73- $ 5,709,590 $ 4,122,510 Carryforwa rd-Person nel Administration Fire Police Parks Community Development Total Carryforwrard-Personnel Ca rryforwa rd-Operating Administration $ - $ 1d070,615 2,044,659 Fire 5 - $ 71,896 SM,700 Police 5 - $ 609,116 223,693 Parks $ - $ 586,035 $ 237,78E Community Development - 20r00O Total Carryforward-Operating 5 - 5 2r457R65 5 3,392,8v Carryforward-Capital Administration 5 - $ 389r431 1,263,439 Fire 5 - $ 2,102,359 1,955,394 Police $ - $ 2,634X57 $ 314,013 Parks $ - $ 10,111,816 $ 4,167,924 Community Development - $ - Total Carryforward-Capital 5 - $ 15,237,663 7,700,770 Ca rryforwa rd Administration 5 - $ ir459,446 3,30E,09E Fire 5 - $ 2,174,255 2,842,094 Police - $ 3r243r173 537,706 Parks - $ 1-Br797,854 4,40'S,712 Community Development 5 - $ 20P00 Total Carryfarward 5 - $ 17r594,728 11,093,610 Total Expenditures 5 103,499,118 $ 113,191,402 114,5E5,839 Transfers $ 278,206 $ (4r331)r517M $ (4,4430945) Total Expenditures with Transfers 5 103,777,324 $ 109,E60,784 110,1410994 (Use)/Addition of Fund Balance $ (9018609291 $ (ar067,790) (7,76405371 2024-2025 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE(FY2025) -Page 4 of 7 Total Budget - A■ Funds Ff2O23 FY2024 FY2025 Actual UrignalBudget Original Budget Revenues Total Revenue 155,377,912 153,722,889 154,670,720 Expenditures Total Personnel and Operating 5 104,260,666 5 113,914,880 $ 125,459,905 Total Capital 52,821,218 Sirfi50r769 $ 53,602,Si0 Total CarryPorward 6:9X55rfi50 5 76,449,363 Total Expenditures 5 157,051,86fi 5 233,617,299 5 255,511,778 Transfers Total Expenditures with Transfers $ 157,081,HE $ 233,617,299 255,511,778 (Usel/Addition of Fund Balanoe $ 11,7W,9741 5 (79A%,410) 5 {100,B41,05B} Section 4. That the general tax levy and all appropriate taxes and levies be imposed as authorized by law and all authorized revenue be collected. Section 5. That the 2nd and 3rd readings of this ordinance are waived by suspension of the rule as allowed pursuant to Idaho Code §50-902. Section 6. The City Clerk is directed to forthwith publish this Ordinance, and the same shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this 271h day of August, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of August, 2024. APPROVED: Robert E Simison, Mayor ATTEST: Chris Johnson, City Clerk 2024-2025 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE(FY2025) -Page 5 of 7 STATE OF IDAHO ) ) ss. County of Ada ) On this 27th 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. (Seal) Notary Public Charlene Way Commission Expiration: 3-28-2028 2024-2025 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE(FY2025) -Page 6 of 7 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 . William L . M . Nary, City Attorney 8-27 2024 SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2060 An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $255 ,511 ,778 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts specified for the fiscal year beginning October 1 , 2024 and ending on September 30, 2025 ; to levy all such appropriate taxes and levies as authorized by law upon taxable property; to collect all authorized revenue; to provide for a waiver of the 2nd and 3"r readings pursuant to Idaho Code § 50-902; and providing for an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho . II I 2024-2025 FISCAL YEAR ANNUAL APPROPRIATION ORDINANCE (FY2025) - Page 7 of 7