Loading...
HomeMy WebLinkAbout2024-09-10 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 10, 2024 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison 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, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the August 20, 2024 City Council Work Session 2. Approve Minutes of the August 20, 2024 City Council Regular Meeting 3. Approve Minutes of the August 27, 2024 City Council Regular Meeting 4. Adler Building 514 Water Main Easement (ESMT-2024-0121) 5. Avani Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT- 2024-0113) 6. Avani Subdivision No.1 Sanitary Sewer and Water Main Easement No. 2 (ESMT- 2024-0114) 7. Horse Meadows Water Main Easement (ESMT-2024-0112) 8. The Oaks North Subdivision No. 13 Full Release of Pedestrian Pathway Easement (ESMT-2024-0116) 9. U-Haul Overland Sanitary Sewer and Water Main Easement (ESMT-2024-0115) 10. Final Plat for Apex Northwest Subdivision No. 5 (FP-2024-0017) by Brighton Corporation, located near the northwest corner of S. Locust Grove Rd. and E. Lake Hazel Rd. 11. Final Plat for Avani Subdivision No. 1 (FP-2024-0013) by Conger Group, located southeast of Franklin Rd. and Black Cat Rd., North of I-84 12. Final Plat for McDermott Village No. 1 (FP-2024-0003) by Kimley Horn, located at 3235 N. McDermott Rd. 13. Final Order for Pebblebrook Subdivision (FP-2024-0014) by Hayden Homes, LLC., located at 5725 N. Meridian Rd. 14. Final Order for McKay Farm Subdivision (TECC-2024-0001) by Sam Johnson, Scentsy, Inc., located at 5875 S. Eagle Rd. 15. Findings of Fact, Conclusions of Law for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. 16. Development Agreement (Vanguard Village H-2023-0072) Between City of Meridian and Endurance Holdings, LLC (Owner), Challenger Development, Inc. (Developer), and Ten Mile West Commercial, LLC (Owner/Developer) for Property Generally Located 1/4 Mile South of W. Franklin Rd. and West of S. Ten Mile Rd. 17. Approval of Agreement for Supplies and succeeding PO to Dubois Chemicals, Inc. for Sodium Hypochlorite (12.5%) FY2025 for the Not-To-Exceed Price Per Gallon of $4.52 18. Approve award of multi-year contract to Lawn Co. for Landscape Maintenance Services for the Not-to-Exceed amount of $368,338.00 for Fiscal Year 2025 19. Resolution No. 24-2469: A Resolution of the City Council of the City of Meridian Establishing the Reappointment of Charlie Rountree to Seat 3 of the Meridian Board of Adjustment; and Providing an Effective Date 20. Resolution No. 24-2470: A Resolution Approving Lease Agreement Concerning Patio Area in Generations Plaza; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date 21. Lease Agreement Concerning Patio Area in Generations Plaza 22. Resolution No. 24-2472: A Resolution of the City Council of the City of Meridian Appointing Doug Taylor to Seat 6 and Reappointing Steve Vlassek to Seat 3 and Nathan Mueller to Seat 8 of the Meridian Development Corporation; and Providing an Effective Date 23. Resolution No. 24-2473: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 24. Years of Service Recognition 25. Proposed Unified Development Code (UDC) Changes EXECUTIVE SESSION \[Action Item\] per Idaho Code Sections 74-206(1)(c): To acquire an interest in real property not owned by a public agency; and 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code. Motion to enter executive session made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener Into executive session: 5:32 PM Out of executive session: 6:01 PM ADJOURNMENT 6:01 PM Meridian City Council Work Session September 10, 2024. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, September 10, 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, Caleb Hood, Bill Parsons, Bruce Freckleton, Lacy Ooi, Emily Kane, Chris McGilvery 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 September 10th, 2024, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Don't see any changes needed for today's agenda, so I move we adopt the agenda as presented. Strader: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the August 20, 2024 City Council Work Session 2. Approve Minutes of the August 20, 2024 City Council Regular Meeting Meridian City Council Work Session September 10,2024 Page 2 of 22 3. Approve Minutes of the August 27, 2024 City Council Regular Meeting 4. Adler Building 514 Water Main Easement (ESMT-2024-0121) 5. Avani Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0113) 6. Avani Subdivision No.1 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0114) 7. Horse Meadows Water Main Easement (ESMT-2024-0112) 8. The Oaks North Subdivision No. 13 Full Release of Pedestrian Pathway Easement (ESMT-2024-0116) 9. U-Haul Overland Sanitary Sewer and Water Main Easement (ESMT- 2024-0115) 10. Final Plat for Apex Northwest Subdivision No. 5 (FP-2024-0017) by Brighton Corporation, located near the northwest corner of S. Locust Grove Rd. and E. Lake Hazel Rd. 11. Final Plat for Avani Subdivision No. 1 (FP-2024-0013) by Conger Group, located southeast of Franklin Rd. and Black Cat Rd., North of 1-84 12. Final Plat for McDermott Village No. 1 (FP-2024-0003) by Kimley Horn, located at 3235 N. McDermott Rd. 13. Final Order for Pebblebrook Subdivision (FP-2024-0014) by Hayden Homes, LLC., located at 5725 N. Meridian Rd. 14. Final Order for McKay Farm Subdivision (TECC-2024-0001) by Sam Johnson, Scentsy, Inc., located at 5875 S. Eagle Rd. 15. Findings of Fact, Conclusions of Law for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. 16. Development Agreement (Vanguard Village H-2023-0072) Between City of Meridian and Endurance Holdings, LLC (Owner), Challenger Development, Inc. (Developer), and Ten Mile West Commercial, LLC (Owner/Developer) for Property Generally Located 1/4 Mile South of W. Franklin Rd. and West of S. Ten Mile Rd. Meridian City Council Work Session September 10,2024 Page 3 of 22 17. Approval of Agreement for Supplies and succeeding PO to Dubois Chemicals, Inc. for Sodium Hypochlorite (12.5%) FY2025 for the Not- To-Exceed Price Per Gallon of $4.52 18. Approve award of multi-year contract to Lawn Co. for Landscape Maintenance Services for the Not-to-Exceed amount of $368,338.00 for Fiscal Year 2025 19. Resolution No. 24-2469: A Resolution of the City Council of the City of Meridian Establishing the Reappointment of Charlie Rountree to Seat 3 of the Meridian Board of Adjustment; and Providing an Effective Date 20. Resolution No. 24-2470: A Resolution Approving Lease Agreement Concerning Patio Area in Generations Plaza; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date 21. Lease Agreement Concerning Patio Area in Generations Plaza 22. Resolution No. 24-2472: A Resolution of the City Council of the City of Meridian Appointing Doug Taylor to Seat 6 and Reappointing Steve Vlassek to Seat 3 and Nathan Mueller to Seat 8 of the Meridian Development Corporation; and Providing an Effective Date 23. Resolution No. 24-2473: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date Simison: First up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move to 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. Meridian City Council Work Session September 10,2024 Page 4 of 22 ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 24. Years of Service Recognition Simison: So, we will move on to Department/Commission Reports, which will be years of service recognition, which I will do from the podium this evening. So, Council, typically when we do our years of service in the department for less than this, the 25 year, we are in the department, the directors are there. So, Bruce, first come on up, please, and join me up here. Because really the directors are the ones that spend their time, get to know the employees and can typically add a lot more than I can do, but think we are seeing -- we see a pattern when we look out here with the people that are here to support our years of service today and that's longevity. You know, I think Community Development might be our department of longevity more so than many others in that context, because you see the history of the city sitting right here and the amount of people that have been here as long if not longer than myself is quite impressive in that context. But we are here to celebrate two of Bruce's employees. So, what I'm going to do is I'm going to read what was written up and I'm going to turn it over to Bruce to say a few words, but let's start off with Mindi. Mindi, if you would be so kind to come join us up at the podium. So, Mindi has been a very valuable member of the staff in the Community Development. In years with the city she has grown and developed tremendously with her knowledge, skills and abilities. She is always willing and quite able to share her knowledge and education with others. Mindi enjoys reading. Loves to travel. Especially if there is a beach to visit, whether it's in tropical climate or the Oregon coast. Mindi is a very dedicated daughter and mother to her daughter Harley and, you know, I can -- you know, Mindi is one of those people that I think that for many years she probably regretted every time I was going to call down there, because it meant that there was something going on with our report that talked about how many permits we have done and what the valuations were and it's like, oh, no, here we go again. But anytime that there is an issue you were -- you were there to fix it with a smile and help Mayor Tammy get the numbers she was looking for for an upcoming presentation to a group or otherwise and I know that's just one small area where I interacted with you over the years, but I know also your valuable role you played in many of the processes and transitions that have occurred over the years. So, you are a true asset to the department. So, I'm going to turn this over to Bruce for any comments that he would like to add. Freckleton: That was coordinated. Thank you, Mayor. You know, it is really cool to see Daunt Whitman made it out today. Daunt goes back to -- Mindi- Before me. Meridian City Council Work Session September 10,2024 Page 5 of 22 Freckleton: Before Mindi. And, you know, the Mayor talked about longevity and -- and Mindi's been there. I mean she has been there from the start. I think about the old Legacy software packages we used, old DOS based programs that -- it's just crazy how far we have come and Mindi has been so instrumental in everything that we have done to get us to where we are today. You know, she is the resource that everyone looks to for support and help. Our customers just love her and she's just a member of the family. So, congratulations. It's been a great ride and glad you are here. Do you want to -- Mindi: Thank you, everyone, for coming and supporting me and I just love what I do. I love the City of Meridian. I love the family we have in Community Development. My employees are all here. I couldn't do what I do without you. So, thank you. Simison: Next up Steve. So, Steve is another one of our 25 year -- not -- I want to say nominees, but 25 years of service for the city today. But Steve is quiet, but a very present person in a lot of ways and I think that we probably passed each other more coming in and out of City Hall than most anybody else over my tenure here and it's always a pleasure to see him. He has always got a smile on his face. So, with that Steve has extensive knowledge and experience and performs his job duties at a high level. He provides technical support and guidance to the other members of the land development team. Steve is an outdoor enthusiast. He loves spending time outside, riding his bike or hiking amongst nature. Steve takes pretty remarkable photographs while out on these adventures. He also loves to be outside when in downtown Meridian. You can find him most days showing our streets at 10:00 and 3:00 p.m. That must be when I come in and out of the building. I'm here at work before that, Council, don't worry. Steve is one of the most principled people. He believes deeply in treating everyone fairly and equitably. These attributes have served him well in his role at the city. Steve is always there for his coworkers and friends and is always looking out for his coworkers on and off the clock. He is truly an amazing person to work with and his coworkers feel blessed to call him a friend. Bruce. Freckleton: Man, I was going to say how much I appreciate -- no. Steve is -- is -- he is that steady -- steady guy on our team. I mean he is -- he is so fair and equitable with people and that's something that he brings us all back to at times. You know, we will be in a discussion about the way somebody is approaching a project and Steve will say, well, it's really not fair that this guy gets to do it and this guy doesn't or whatever and so it's a -- he's just a steady voice of reason that we appreciate greatly. You know, Steve is -- he is quiet and he is just -- he does his job, he does his work and he does it at an extremely high level and everybody looks up to him for support and guidance. Just love having you on the team. Seems like we have been here forever together, so -- but very much appreciate Steve and all he does. So, thank you. 25. Proposed Unified Development Code (UDC) Changes Simison: And with that for those -- there is some refreshments out in the lobby to help celebrate. Hope you will stay and celebrate with these two wonderful and valued Meridian City Council Work Session September 10,2024 Page 6 of 22 employees. All right. With that we will move on to Item 25, which is the proposed Unified Development Code changes. Turn this over to Mr. Hood. Hood: Thank you, Mr. Mayor, Members of Council. You should have a memo in your packet that I sent to the clerk. I will be largely working from that as some talking points. I drew the short straw, so, yeah, I get a talk, but I -- but I am supported here. It's been a team effort. Emily's back there. She's been -- been part of the team at this table with Lacy and Bill. But, again, I will kind of MC, facilitate this discussion a little bit and look to them when I say something -- not inappropriate, maybe inaccurate or, hopefully, I don't say anything inappropriate. But we did want to give you a heads up. So, this -- this kind of corresponds with what you will actually see on your regular agenda later. Bill Parsons presented to you a current round of UDC changes and part of that the request was to come to Council earlier with some of these as a heads up, so you can start to think about the next round of changes that are coming. So, that's what we are here to do. Need some direction, kind of give you a flavor for where we are headed with things, but an opportunity for Council to chime in and say, well, have you thought about this way or -- or you don't like the direction this is headed or whatever the case may be. We will still vet that direction and our, you know, thought process through the UDC focus group and, then, through, obviously, the Planning and Zoning Commission through a public hearing before it comes back to you. These ones are, you know, ones that we have been -- when -- we have been talking about. Some of them for months. Some of them even years. Honestly, I don't know that we will ever get it right, but that's largely because there maybe isn't a right or a wrong answer, it's what's best for our community. So, that's kind of what we are trying to touch base with you on is, you know, as we evolve as a community what -- what is appropriate as we regulate some of these things going forward. So, I think we will go ahead and start. I'm going to share kind of some of these -- these topics that we have. A couple of examples, like they say, a picture is worth a thousand words. We have about ten pictures, so, hopefully, that will save 10,000 words or so for me, but -- so, the first one I think we will talk about is fencing. And maybe before I -- we jump too much into this, Bill, yeah, if you can share the fence examples. Generally the way things work, right, the UDC, Unified Development Code, you are all familiar with Title 11 of city code, planning uses that tool to condition and regulate projects, both residential and commercial. We rely pretty heavily, obviously, on code enforcement to, then, enforce that if someone builds a structure -- a fence in this case that isn't code compliant. They are the strong arm of enforcement, right, of our police department. Sometimes when there is an interpretation question it comes back to planning and legal oftentimes, too, to say, you know, is this a fence or not in this case so -- but at a high level when there is question of a Code Enforcement Officer saying, hey, you know, there is gray area here in the code, how have we worked with this before? That's where planning kind of gets back into the game and -- and helps that conversation and a lot of times it is a conversation of does -- you know, how do we apply this, what's the intent of this code in this case and fences is a tough one, you know, and the two things I think we really want to -- and, again, Lacy's here, she is going to see this with her team more than -- than -- than we do in planning, but the height is an issue a lot of times and the materials used as an issue. So, we really are going to try to define that better in the UDC about what -- what materials are appropriate Meridian City Council Work Session September 10,2024 Page 7 of 22 and what aren't and, again, on the screen you can see some of those materials that are questionable anyways and beauty is in the eye of the beholder a lot of times and we are trying to police or play referee between neighbors. Esthetics are one piece of this. There is a life safety concern, though, that really we -- you know, that -- at the heart that's what we try to -- you know, safety first and, then, we will look to the code when there is an esthetic or a question about the appropriateness of some of these structures and fences and people saying, well, no, it's not a fence. It's art. Or, no, it's not a fence, it's a trellis or, no, it's not -- you know, whatever else they are going to try to call it. So, again, those are some of the examples of where we want to tighten up that definition for screening purposes. So, if you are screening, you know -- and maybe this is a good place to just explain or acknowledge that if it's a -- if it's vegetation, if it's live material we do not regulate that. So, there are a lot of things so a property owner, a homeowner in this case, a lot of these are in residential districts, can do to screen themselves, to buffer themselves, to provide some of that barrier between various properties. When it's not just vegetation, though, that is largely when our code comes into apply and, again, you can't use boxes, cardboard, you can't use -- and, again, back to the height, berming that up, building up three -- three or four foot with -- with, you know, dirt and, then, putting a six foot fence on top of it, we see some of those similar examples where it's like, okay, that's not the intent. It's the grade. You can't build up the grade and, then, build your -- your fence on top. So -- but, again, back to, you know, the safety piece of this and I will also say we have talked about this philosophically, we are not trying to be in people's backyards. We really don't want to regulate what they are doing and I'm speaking for code enforcement here, but I have heard that from code enforcement. Do what you want to do in your backyard. Keep it below six feet. It's when it gets above that and your neighbors now can see it and, then, complain to us, that's where, okay, now we got to regulate those things, because you are infringing on some of their -- to a certain degree; right? That's not everything all the time, but that's when typically we are going to get those complaints is, hey, this is right on the property line and they built it 12 feet tall and have to look at the backside of this thing. So, that's I think some of the examples. I'm actually looking at these for the first time myself where they are affixing things to existing fencing that does -- that does comply or, again, the materials just aren't of the Meridian quality I will say and we do have some of that today, again, where we -- we prohibit boxes, sheet metal, other unsightly materials in our definition. So, one other thing before -- before I look for maybe some -- some direction on this. We changed our process about three years ago I think, something like that. Three or four years ago where we went to an automated fence permit process. We think we need to go back. It's one where it's sort of on the honor system, I guess a way to -- to paraphrase that. You apply online. It's only ten bucks, so it's not -- it doesn't really cost anything, but it walks you through that permit. But we don't inspect them. You basically get your own permit and you build it and you say this is what I'm going to build and where it's going to go and we have a record of that, but there is no real oversight of that and I don't know that that's working well, so that's part of what we are going to talk about actually with fencing and actually we are going to talk about limited duration signs here in a little bit in a very similar tone with that. So, I want to just put that out there, too, that we are going to probably go back to doing those -- you could -- you still apply online, but there is a human component where we go out and inspect what you have Meridian City Council Work Session September 10,2024 Page 8 of 22 built to make sure it's code compliant, rather than relying on the plans that you submitted, if you even submitted plans, to be compliant with code. So, maybe before I turn it back over for any feedback you have I will look to the rest of the team to see if there is any other information regarding the first couple of parts with fencing that we should highlight. Ooi: I think that that covered most of our concerns is that clearer definition for us is what we are looking for. I don't know that I ever tell planning, but I tell other people that we consider ourselves to be in a marriage with planning, so we enforce the code, but they have to interpret it and so we need that two part relationship and if we get people that are coming to us saying it's not a fence, then, we send that back for interpretation. So, if we had some clearer definition it would help us on the enforcement side and save time for both of our -- our teams. The other thing that we are looking at is there is a definition that just says that the fence has to remain in good repair and it's kind of as arbitrary as customer service or common sense -- that we would like that to be more defined as to what that is and look at the safety side of what good repair means and what that means between your neighbors. If the fence is falling down or dilapidated. Hood: Maybe I will just run through -- so, we have three issues in the memo. So, again, hopefully, you have it kind of pulled up and I'm going to just throw the third one on the table now and, then, maybe look for feedback and, again, kind of the approach we are taking with that -- with that third piece of it is really the location of that and, again, back to sort of the philosophy of we -- we really don't want to be in people's backyards. If you can do things in the building envelope, it's basically -- you know, so keep it outside your setbacks. You can do those things. The other part of that, though, is we currently allow a shed to encroach, one, to encroach within your rear setback. So, you don't -- there really isn't a setback for a shed as -- so long as it meets the other building code requirements. It's not 250 square feet. It has to be 200 square feet or less. But it can encroach and you can have one of those. One of the changes we are looking at is to still allow one of those encroachments, but you couldn't have a fence -- a double fence -- you couldn't put up -- if there is an existing fence on the property line you can't put up another fence, a dog run and a shed. You get to choose what that thing is that gets to encroach into the setback. So, that is a little bit newer option that I didn't come up with it, so I'm not going to take credit for it, but one of the things I think that said, hey, within that typically ten or 12 foot rear setback on most homes you can put something there, again, a shed, a dog run, another fence, whatever that thing is, but you get -- but you get one of them and you can't litter your backyard, your rear yard with that and all those things can, again, be within your building envelope, so if you are outside the five foot -- typically five foot side, ten or 12 foot rear -- and, again, you start attaching it to your dwelling, then, you need a building permit. You start doing these other things. We are talking about detached, standalone structures, if you will. Fences. That's kind of where we are headed with -- with some of the -- so, I think I just -- I'm checking my notes. Yeah. You will still have to comply with all the other standards in building code, planning code and whatever. So, anyways, that's -- I think that's teed up and we will look for any feedback or questions. Meridian City Council Work Session September 10,2024 Page 9 of 22 Simison: Council Woman Strader. Strader: Thank you, Caleb. Thanks, everybody. So, how would this change work for people that already have like multiple structures within their setback? If we make this change is that, then, enforceable or would this -- or would people be sort of grandfathered, quote, unquote, under the previous code or how would that work? Hood: Yeah. And I will -- they are talking about it, I will maybe kick that off, though, and just say -- and, again, this will even come up when we talk about limited duration signs more. Historically -- I mean recently -- most recently anyways, you know, code enforcement works off of complaints. If it's been there it's not like we are necessarily going to advertise this to everybody and now you get to rat your neighbor out that's had two sheds in their backyard forever. It's typically when something new goes in; right? So, going forward I imagine that's where we are going to see most of the complaints is going forward when someone changes something on their property, not for ones that have already been there for months and years. So, again, I don't -- I don't -- we are not looking to go out and make everyone, then, comply with any new standards. Typically we get contacted when something changes on the property and a neighbor says, hey, check out my neighbor, they are doing something new and different. We think it violates code. Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: I understand we are not looking to create problems where problems don't exist, but I think this may be more of a legal question for Emily, but does making this change in the UDC, then, make it enforceable upon people that previously had these structures? I'm just concerned that there is an individual that may have like a dog run and a shed, maybe also a fence and, then, suddenly now this is something that someone could complain about. Ooi: Mr. Mayor, Council Member Strader, this is -- depending on the scenario. It might already be a violation of the UDC and this would be a clarification to make it -- to make it more obvious what is and what isn't allowed in the setback. Often that setback is protecting an easement or just giving space between properties. So, generally the scenario that you are setting up is probably already illegal, but to answer your question, depending on -- so, there are land uses and, then, there are kind of behaviors that -- that violate the UDC and depending on which -- we would -- we would have to kind of do some analysis, but the -- there -- we don't really have grandfather rights in Meridian. So, if the code changes we don't surprise people, we don't, you know, go looking to find who violates this brand new code, but if the code changes sometimes existing use -- not uses -- sometimes the existing behaviors are, then, illegal. It doesn't happen very often that we change the code and, then, we surprise everybody. It does happen and that comes up a lot with parking or kind of the more ephemeral uses of property and this is probably more on that side. Meridian City Council Work Session September 10,2024 Page 10 of 22 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I promised this is my last one. I think why I'm more concerned about this is when it comes to something like parking -- or at least the things I remember that we have dealt with in UDC changes, they have been things that could be remediated easily. Like, you know, don't park your RV in front of your house for three days, et cetera, stuff like that. Here, though, if there are already a bunch of existing structures -- like I'm a little more concerned about someone having to comply and, then, it being costly, difficult, etcetera. So, I -- maybe I'm overthinking it, but -- I don't know. Just kind of came up as a concern that I have. Ooi: Mayor, Council Member Strader, I -- I don't think this is -- you are going to see that come up. It's -- so, one -- you are allowed one shed in your setback as it is, but we are -- we are trying to move more toward a model that is -- that doesn't look so much in people's backyards and allows people to generally do what they need to do in their backyards, while still protecting the setback, which is, again, typically an easement or just a buffer between properties. So, I wouldn't say you are overthinking it, but I don't think we are going to see an uptick in neighbors ratting each other out or code enforcement going to look for things. Really, backyard code -- code enforcement issues are everyone's least favorite. It's -- we really would like to facilitate people doing what they need to do in their backyard. Simison: Maybe a direct question, because I had -- double fences. Are double fences illegal currently? They are currently illegal. So, anything that's there now someone could go and address if they wanted to. Ooi: That's correct. Kane: Could I -- could I add a little? So, in two sections is one that this is talking about the fences, but the accessory structures and the setbacks is already enforced in different sections and so it actually is just adding clarification that you can't call your dog run a fence in your fence code. It would already allow one structure in your rear setback, whether that's a shed, a play set, a dog run -- and of those are your -- your violations for the accessory structures. The fence would actually be allowing that to be one of the options you could have in your setback in addition as an option. So, they are still separated, this just allows you to have one including a fence as an option. It would actually allow you to have one that currently -- you couldn't have a double fence in your rear setback at this point. Taylor: Mr. Mayor? Simison: Councilman Taylor. Meridian City Council Work Session September 10,2024 Page 11 of 22 Taylor: Just a quick question. This is maybe a little bit more on -- for code enforcement. Can you give me a sense of how big of an issue this is in terms of the amount of time you spend responding to complaints about fencing and, then, as a quick follow on I'm curious with these changes maybe as proposed or some small modifications, are you hoping it would reduce the number of complaints or just give you more clarity about how to, then, proceed when those complaints come in? Ooi: I don't think that it will reduce complaints. I don't know how many we get -- how many complaints we get right now, but they are time consuming when we do get them in the investigation side and the fact that they are between two private parties and it's normally a civil situation, you have to get compliance from one party or the other or both to see the fence, if it's not visible from public view, so they are something that we hold open for a couple of months. We have one that's been sent to prosecution right now and the prosecution set for summons is usually approximately three months before we see it go to court if they screen it in. So, I think if we had clearer definitions, better answers, more options, then, we could alleviate some of those maybe from seeing them go to prosecution in the first place. It would be nicer for us if we had those clear answers that we can say, yes, that's okay, that -- you know, we have other definitions that are holding that height is really the one that gets us. It's just when people decide that they are not calling it a fence and it's something else, it gets difficult, because, then, they can allow height to be different if it's not a fence. Parsons: Mayor -- Overton: Mr. Mayor? Parsons: -- Members of the Council, too, just -- the reason why we show you these examples is a lot of the complaints that planning sees is the fact that people want more privacy and so what they are really doing is they are extending their fence and, then, they get very creative with the way they -- their terminology. Some call it art. Some call it a hedge and it's a fake shrubbery. So, we put this in here just to show you all the things that we deal with and that's why it's important for us to say, hey, do we have our code right? Because Caleb is correct, the majority of our complaints is when they are adjacent to a common open space, they want to do double fencing, or they want a taller fence, because they want more privacy. I do also want to let the Council know that we also have the alternative compliance process for our fencing as well. So, there is always weird anomalies out there, so we still have that option for homeowners to take advantage of, too. So, I just at least wanted to bring your attention to the first graphic here with the two homes. You can see where one homeowner is complying with -- the fence is right at their backyard and the other one has put it right up against the sidewalk. So, that's -- in this particular scenario you can see here that person that done it right wants the opportunity to use their side yard, but because of our current fence code they had to put their fencing up along their backyard, which is -- exposes their side yard. So, just want to leave you -- give -- give you some of -- some of the complaints or some of the questions -- or questions -- comments we get from homeowners as they look to erect fences on their property. Meridian City Council Work Session September 10,2024 Page 12 of 22 Cavener: Mr. Mayor? Oh. Simison: Councilman Overton. Overton: Mr. Mayor. For all three of you over the years we have -- we have done this dance so many times and each time that I have seen it done I have seen planning and code and legal all come to the table and we are working closer each time trying to clarify problems that we didn't really see before, but now we are seeing. We are seeing -- I don't know what it is about people wanting to do things, but they seem to get more creative as time goes on on things that don't fit the code and what I -- the way I look at this is from a lot of history is the three of you respectively working together trying to make sure that we can be more efficient from the planning department and as much as I love technology, I am really glad to hear that the human touch is going to come back into those fence permits and from the code enforcement point you depend upon clear language that's approved by legal, that's included in planning documents and from a legal perspective -- Emily, you have always been great in bringing these things forward and making sure that we try to find a solution, because our goal, if I'm not mistaken -- and we should probably say that -- is it's compliance. It's still first and foremost compliance with enforcement being what we have to do when we cannot gain compliance with the situation and someone's in violation of our code. Would that be a correct statement? Thank you. Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. I think that the intention was to introduce these things, not necessary for us to litigate or debate and so I appreciate this and I think it's more -- let's run through these and, then, Council will likely be capturing questions that we can send to you that could, then, be answered as maybe part of a more formal presentation. Hood: We are going to tie those pretty formal, so -- I mean -- but, no, that's great. Thank you, Councilman Cavener. I will take whatever comments you have now, but, yeah, in the interest of time we will move on. Feel free to e-mail, call any of us. Let's -- we will move on to the -- what's a secondary dwelling. So, again, as the outline being the memo, this one really -- so, we have had in our code for some time secondary dwellings as an allowance. A lot of you may recall, although some of you are newer, that we looked at this as part of the housing affordability kind of equation over the last few years and how can we, you know, as one of the levers to potentially pull to address the housing crisis was our accessory dwelling units or secondary dwelling units, what we call granny flats. Been before the Council in previous years to get some idea of how much, if any, leniency there could be on the secondary dwellings on existing lots. We ran numbers. It's a very small percentage of existing lot with their existing homes on them that can actually fit an ADU on it and still meet all the setbacks and the parking requirements and all that. So, part of what -- what the -- the presentation or -- or discussion is today is just to further that conversation a little bit with the feasibility for the ADUs. What the coming subdivisions -- where they are coming before Council, maybe they are similar, but different standards for those when accounted -- when they are Meridian City Council Work Session September 10,2024 Page 13 of 22 laying out a subdivision and the lots need to be a little bit wider so you can fit an ADU on it, but that's more and more happening in our society today, we are planning for the mother-in-law's quarters, not just, oh, we got to figure out how to fit a mother-in-law's quarters on later on. So, that's kind of where we are headed with this code is that it's sort of a two prong approach where in existing neighborhoods, recognizing and respecting the character of that existing neighborhood and not changing that too much or you just drive down and like, well, there is an ADU, there is an ADU and there is an ADU. How do they blend in and fit in? Not 19 additional cars or anything like that. So -- but one of the things that was talked about, again, with the previous body, but some of you were part of that discussion -- was the parking requirement. So, our code today requires car parks based on the number of bedrooms and -- on the property. So, not just in this case, it wouldn't just be your -- your single family home, it would be plus the ADU. So, depending on how many homes you have already in your -- in your home you could potentially add one more bedroom and not have to provide any additional parking, because they are grouped. Bill can correct me if I'm wrong. I didn't actually put this, but I think it's up to two -- it's two in a car -- in a garage and, then, two in a parking pad, then, three and four is grouped together and, then, five or more bedrooms is the next level where you got to have basically a three car garage and three pads. So, that's how it's currently worded in code. Again previous direction was, nope, that seems appropriate. We don't want to modify that. But I just wanted to check in and let you know that's how we are operating. Is, no, you would still have to meet the parking requirements per the code, just like everybody else and, then, the other one that I don't know that there was consensus back when we got the feedback from Council and this is where -- why I'm here again -- there was some notion of, well, if you got the neighbor to say it was okay -- so, the neighbor or neighbors -- we didn't get that far down the line. Maybe the setback, you know, would be okay. If the neighbor's like, okay, yeah, we are okay with you encroaching in the rear setback with one of your ADUs. If you got something in writing from that neighbor saying it was okay or some form of a variance to that, maybe there -- we -- maybe the setback could be some -- some alternative compliance or some variance. I shouldn't say variance, because not necessarily hardship. But to the setback. So, again, not really proposing any of that. A lot of this is to clean up so it marries with our building code. We get quite a few of these where someone says they are building a garage and the garage is really nice and it looks like you could fit your mother-in-law in it and they say, nope, this is my garage. So, we are trying to tighten that up a little bit, too, to say if you have a bathroom, you have, you know, a nice patio looking over this -- you know, again, they -- it quacks like a duck. And so we are trying to marry up terms and -- and codes with our building code as well. So, again, we can -- a lot of it comes to neighborhood character; right? Enforce that, make sure they have the parking -- the adequate parking that meets all the setbacks as if it were another dwelling, so -- and, then, part of that is also mirroring the -- the building permit process. So, we have an ADU permit you pull now, but we are going to really make it, again, feel like -- it almost mirrors the single family permit. So, if you are building a new residence it's the same thing. Our processes are the same. It gets routed to the same people to review, so we ensure that it's on a foundation, it's hooked up to our sewer and water, all of those things are present. So, I think -- Meridian City Council Work Session September 10,2024 Page 14 of 22 Simison: Caleb, a question on this your setback. What is the utility setback requirement? Because is it -- is that the same as the city setback requirement or are they two different -- five feet for utility? Hood: Mr. Mayor, it does vary and it does vary by zone a lot of times and what the utility need is. Typically -- so, your R-15 and R-40 zones you can go down to three foot setback. So, typically that utility that easement, then, the public utility drainage easement is smaller. Most of the time that's platted with your subdivision. So, it's on the face of the plat and it's something that's dedicated at the recordation on the subdivision. But those -- those do -- the width of those do vary widely. Typically the exterior boundary is ten foot. That's pretty standard and has been for some time. The exterior boundary of a subdivision is typically ten. Some irrigation easements, though, can be up to a hundred feet. As small as five or ten. But, again, typically they don't, so, again, they are not the same setback, it's not an equal easement, but a lot of times they do overlap and are real similar, if not the same, particularly in their -- Simison: And that's where I was going to get Council -- it's like even though your neighbor says it's okay, you still have a certain limit that you are not able to get into -- Hood: Yeah. And, Mr. Mayor, I think that's a good point. I will also add to that, your HOA, a lot of our subdivisions have CC&Rs and you may not be able to do it with your HOA either. So, some of this thought process was, well, let's -- let's make sure the city regulations -- if it's not a life safety type of a regulation and whatnot, let's get out of the way and let -- let the HOAs police themselves and if they allow it per their CC&Rs what do we care? Don't violate easements, but provide the required parking for whatever standard the city -- citywide standard is, but -- that's a good point, Mayor, and, again, just to piggyback on that, you still need to go through if you have an HOA, get their approval for whatever this thing's going to look like. But we are trying to -- again, kind of clarify that and unify that, make sure it's clear what our process is and what the standards are when you want to build one of these. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just from a practical perspective, I'm curious how do we prevent someone from building within a utility easement? Is there some sort of a check in our process? Because we might permit it, we don't want -- from a practical perspective we don't want someone building something that can't be there. Hood: Council Woman Strader -- Mr. Mayor, Council Woman Strader, yes, so that is part of our -- and why I said it's going to really mirror the single family review. You basically have the recorded subdivision plat you are looking at, okay, where are the easements or encumbrances. You know, most of the time it parallels your property lines. Sometimes it doesn't. It can go to a 45. So, we are -- should be -- looking at those plats when we are reviewing the building plans and they are supposed to put Meridian City Council Work Session September 10,2024 Page 15 of 22 them on their site plan where the easements are, but we are verifying them against recorded documents to say, okay -- now, if you don't pull a permit and you just build it we aren't verifying that, obviously. So, there are, like some of these fences, they didn't pull a permit. There is swimming pools. There are other encumbrances that aren't adhered to. But, again, to answer your question, we are verifying that, that's one of the main reasons for our process. I will just say we don't have this totally figured out yet and we still have some questions with addressing. So, some of these -- you know, do we give them a separate address? Is it and a half street or, you know, 33 and a half or how do we do these? Does it matter if it's turned sideways and attached to the single family dwelling? So, we got to talk with EMS some more, make sure we are unified in that and some more things. But, again, just getting this back on your radar a little bit and we will take feedback when your thoughts -- or any feedback you have. Again, did miss anything with that one you guys want to add? Okay. I think, then, there is nothing, now I'm going to jump to the third one we wanted to cover today and that is our limited duration signs. So, again, I mentioned it already. This one's automated. I don't know a percentage. I don't know how many are out there. A very small percentage, though, I will say actually pulled permit anymore, because it's sort of on the honor system and we are like, you know -- and back to, you know, the three E's; right? We are trying to educate people to know that. You know, this is necessary, but a lot of times it comes down to enforcement when there is a safety concern, you put this right on an intersection and it's blocking your ability to see oncoming traffic, code enforcement will step in or if businesses say, hey, there is 19 of these in front of one business, why do they have one every five feet, we will go check it out. But this -- but this one is -- I don't want to say it's becoming more and more of a problem, but it's been -- and I will let Lacy -- maybe I will just turn it over to you now and you can tee this one up, because this one -- I will just say, too, this one we have some differing opinions on what's appropriate here, so some of that direction might be good for Council. Ooi: So, historically -- and I'm going to guess that we have someone in this room that's an expert in the history -- is that this is the one code in the UDC that code enforcement would proactively enforce and so before snowfall and after snowfall, usually around October and March, we would go down and go to every main intersecting street, all the way down, then, through all of our jurisdictions, how we have our areas assigned and go inform all of the business owners that they are required to get these permits or remove their signs. It's very time consuming. I mean when I say October and March that's what we are doing in October and in March. 2020 came along and there was something that happened during that year that created less contact and so in a way of trying to be creative and enforcement of contact and how to continue these is that we stopped going in October and in March and having business owners go in and get their permits and, instead, looked for other violations of the regulations and so the regulations have standards and the requirements that they only post one limited duration sign, but they are so far away from any other permanent sign or another limited duration sign, that they stay in good repair. Another time I think we used the word good repair. So, when we see these other violations we enforce upon those instead of all of them individually. So, my -- my dream and my -- my first option of looking into rewriting this section would be to write it similar to our yard sale and garage sale codes. We do Meridian City Council Work Session September 10,2024 Page 16 of 22 have regulations that restrict yard sales and it keeps people from having them too frequently or for too long, keep all of those standards and regulations that we currently have in the code, but, actually, remove the requirement for the permit and just deal with the violations of other standards and regulations that become a problem of a sign that's in a clear vision triangle or causing a hazard. So, that would be one -- one way of handling them, that, without the permit, would likely remove the time restrictions and that's where we get a lot of a little bit of our discrepancies. They are called limited duration signs. But without a permit you can't really tell what the restriction of time is. So, a second option would be to remove the permit requirement and make them all for the maximum time of 120 days, which is what the current code allows for. You can get them in different increments, but, basically, go with them for 120 days and find a way, probably using one of our record keeping systems, to either allow the business to apply for an application and just say that they are posting it on the state to start that timeline or for code enforcement to become aware of the sign and deal with it for the different things that we would do that ourselves and start that timeline for that 120 days or the third option is to keep it the way that it's written. The -- the problem is is that we just don't have the staffing on either side to realistically go and spend two months out of our time and it's the only code that we do proactively enforce in the UDC. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Thank you. Can you -- can you just walk me through a little bit more -- like what's the process? And I mean this was a new -- I had to Google what's a limited duration sign when I saw this on the agenda. Like what is this? So, I don't understand internally our process, kind of what it's for and its purpose. So, if you could give me a -- you know, limited duration signs for dummies talk I would appreciate it. Parsons: Mr. Mayor, Members of the Council, Council Member Taylor, happy to do that. That was what -- that was part of our internal discussion side. Same thing. If I'm a business owner, I go to our website, I see nowhere on that website how to apply for a limited duration sign. So, there is -- there -- there is one -- there is problem number one, is business owners don't know that we have a permitting process. Two, as Caleb mentioned, it's automated. So, it isn't -- we built a series of questions. They answer those -- those questions appropriately, they get a permit issuance. Just like you are approved. But they don't have to provide any documentation on site that they got an approval from us. So, code enforcement goes out there, they don't know if that sign's approved or not, unless they look in the system or they go ask the business owner. So, to ask, three, if you want to apply for a permit and I had this e-mail with Council Woman Strader, so she's very aware of how cumbersome it is. A business owner has to go on to our website, find our online portal, make sure they know which department they create an account, create a password, get on and know exactly where to find your permit and there is three different departments. There is land development, there is building, there is planning and they need to go under planning, click on planning, go in and accept the terms of use, the disclaimer and, then, search for your limited duration Meridian City Council Work Session September 10,2024 Page 17 of 22 sign and now you have to go in there and physically fill out all the questions they ask you and upload your drawings as what those are and, then, again, if you meet that criteria it gets pushed out to an approval and no one even reviews it or approves it. It's the honor system. So, it's -- it sounds great in theory, but in practice we have realized it has not worked as well as we had hoped. It -- yes, has it relieved some -- some review time for staff and freed up us to do other things, yes, it has. But are we getting rich off of it? No, because no one's applying and, two, no one's verifying. So, it's actually created more work for Code Enforcement I would say than it has -- and reduced less work for planning, but I'm with Caleb, I think at some point we need to redirect this, open up our lines of communication, get with the Mayor's office, figure out how we can better advertise this and help educate people and, then, teach people how to use the system better and we are having those conversations. Hood: Mr. Mayor? Strader: Mr. Mayor? Simison: Council Woman Strader. Hood: Can I just continue on that just real quick, a little -- a little finer point. So, at its heart -- so, our sign code has been around for a while now and its current version largely, with some -- with some smaller tweaks, but I will say 15 years or so. The limited duration was meant for those promotional events, a weekend, a holiday or whatever. Limited duration; right? A weekend, 30 days, 60 days, up to 120 and we have said, you know, let's simplify that, you can just get 120. You don't have to use all 120, but you can get up to 120, but the limited duration, that's the part -- it's supposed to be -- it's not your -- it's not your permanent brick and mortar sign. You get one of those. You also get these banner signs, these flag signs, a frame sign. So, there is regulations that talk about -- they are portable; right? That's -- that's the idea with these. So, the concern, though, is if you don't have any limit to that duration that they are out there, you are just going to get littered with a whole bunch of temporary and sometimes dilapidated -- I mean some of these are in disrepair. That's not really what you want to see driving down the road necessarily. I don't know where that line is; right? No right or wrong necessarily, but I think we need to be a little careful with this, but that's the intent with these is, yep, we recognize you are going to have, you know, a Black Friday sale, those types of things. You can do some extra advertising. They shouldn't be left out. 24/7. 365. Simison: Council Woman Strader. Strader: Thank you. So, I did go through this process with a local business owner that lives near my district. I was trying to help this person -- without getting into their specific situation now to navigate this process and I found it to be extremely cumbersome and not intuitive at all. I think a lot of this could be handled by streamlining the process, talking about what you don't want to see. So, like it would make more sense to me to have a process where I think we will all think about it more, but maybe a process where Meridian City Council Work Session September 10,2024 Page 18 of 22 someone has put the date on their sign somewhere that they have posted it, you know, similar to like, you know, we require certain types of verbiage on campaign signs and stuff, something like that that has the date maybe taped on the bottom of the sign or something and, then, I think just a list of where you can't put a sign; right? You can't put a sign in a vision triangle near an intersection. You know, I think if we stick to more what you can't do and try to err on the side of supporting our businesses I think that would be helpful. You know, if they are in disrepair where we might take them from you, you know, things like that. But just the -- the way the process is now I totally agree it has to be reworked. It is -- for anyone that's just trying to follow it, it's completely confusing and what I thought -- the funniest thing to me, just like maybe one piece of feedback, like the affidavit of legal interest, for example. Like a business owner -- it -- you know -- and what's funny is that actually is not necessarily required for certain things. It's very confusing what is required. What came out through the wash to me was at the end of the day if you go on Google Maps and print that and draw a circle where you are going to put your sign and send it to us, that's ultimately what we were looking for. I think maybe if we just figure out what parts of the process we are actually using that might be a way to attack it or a way that the sign itself would indicate where it was put out or something. Like I get it, we don't want to see signs everywhere, but at least like from a practical standpoint for a business owner they need the ability to promote their business if they are having special events. So, I really do think we need to make this a little more user friendly like it's a really difficult process the way it's currently happening. So, I appreciate you trying to tackle it. I'm not sure if -- if we have gotten to the answer yet, but definitely we need to rework it for sure. Parsons: Mayor, Members of the Council, the other component is the business owners don't know the setbacks for the signs, because we do specify they have to be 50 feet apart from one another. There is a certain size criteria depending whether or not it's on the building or along the street and so, again, all of that was built into the system to help try to guide them, but if they don't apply for a permit or they don't know how to get to it, it's -- it's a moot point. They don't know what they don't know. So, I -- after you shared that e-mail with me I could see this was -- I see why people aren't getting permits anymore, because I -- as a -- I know -- I like technology, I like things to be easy and intuitive and it's not and when you don't have things that are focused on the customer, then, you don't have people applying for things. So, I -- I totally get that aspect. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Maybe just some initial feedback, too. To me it's such a strange concept to get a permit to advertise. I mean I get it. I understand the reasoning behind it and I understand it's not unique to Meridian at all, I just -- it's just a strange concept. My -- my feedback would be how do you make it so that it doesn't become a more burdensome time consuming exercise for code enforcement, for planning either. I'm wondering if there is a way where there is sort of a -- and, again, how many business owners know they have to actually apply for a permit? I have no idea. It just seems totally strange. I Meridian City Council Work Session September 10,2024 Page 19 of 22 would think most business owners, especially small business owners, wouldn't think that they even need to do that. They might maybe find out from -- from us, hey, you are not in compliance. So, maybe would probably want to think on this, but it would seem -- is there maybe a way where there is sort of a default, yes, you can do this for a time, instead of having to apply for a permit, there is just a time restriction on limited -- I don't know. Again, just kind of thinking out loud, but I would hate for you guys to be involved in temporary sign permits when there is so many other things that you guys have to do, it seems just really odd. So, I would be very much interested in finding a way where it's more streamlined simple and maybe you are just automatically in compliance. You can -- you can do that up to a certain amount of time. Maybe 120 days is too long. Maybe we can shorten that time frame. I don't know. But it's just some of my initial thoughts on -- on that. Hood: So, Mr. Mayor, we will -- we will -- I think kick that around a little bit more. I think that's kind of where Lacy is wanting to head with this, is like yard sales, you don't have to have a permit to have a yard sale. We are kind of watching to make sure you don't put it in the vision triangle and make sure you don't have a yard sale every weekend. So, it is some work. We are not going to get totally -- you know, we got to do some monitoring, but that's kind of where it's headed. Maybe you don't have to pull a permit, but you got to comply with the code. So, appreciate that feedback. If there is anymore comments we certainly can. I know you have executive session, though, too, so I -- I don't know how much time you want to spend on this and -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just a couple quick comments, then, as -- as we wrap up. Thanks for bringing this early. I think this helps. It gets kind of the wheels turning. You kind of tell us what you are going to come tell us, then, you will tell us, then, we can -- we can deliberate. Some suggestions, things that I would like to see maybe as we move forward. I love the memo where we have got the issue, proposed solution, miscellaneous information. A couple -- if you can, I think a couple of additional pieces that I would find very very helpful. One is this a life safety issue or is this a quality of life esthetics issue? I think for me to be able to -- sometimes I look at something as, oh, that's just, you know, to make it look pretty, but there may be a life safety element. So, being able to call that out and why specifically it is life safety or why it is just esthetics or quality of life. I think there were some good questions that came up about some of the historical decisions about this. I was looking for a copy of the minutes, but a -- you know, a twitterized version of this was the last time the City Council addressed this. Here is the history then. It gives us a little flavor for how long it's been since we have addressed this or how short it's been since we have last addressed it and I love -- in there you bring a proposed solution. I would almost challenge you if you can when it makes sense to delineate -- this is a proposed solution for Council action and here are some proposed solutions from staff and specifically some of the feedback that Council Member Strader provided, some of the context, Caleb, you provided about making Meridian City Council Work Session September 10,2024 Page 20 of 22 some changes to our fence permitting, giving us a little of that flavor, too. It's not just a Council where you need to do this, it's these are the things we are doing internally to address some of this as well. Overton: Mr. Mayor? About 30 seconds. Simison: Councilman Overton. Overton: Little history just to make sure we understand what we are all trying to accomplish here. Fifteen, 20 years ago when we looked at this what we really looked at is what we didn't want to be is a city with sign pollution everywhere and that was the term we used, because people were putting signs up, sandwich boards everywhere they wanted to. There was very little regulation. When the regulation started we needed to level the playing field on the type of signs people could put out and it wasn't so much that it was all about being government regulating what you do, most of those complaints were coming from their fellow business owners who were their neighbors, who were looking at their signs being spread all over that common area or that corner and they knew that -- they knew the rules and they were trying to do things right, but someone else decided to just put signs up wherever they wanted to. Hence, here we are. Here comes the police department, here comes code enforcement, because we got to come in as the referee of the game and say there are rules here and this is why we have to do this. And, unfortunately, marketing companies have gotten amazing at making these beautiful brilliant signs and selling them to people and they don't care when they sell those signs whether it's legal or not legal to put them up and for how long they can put them up and it's not a little task that you have in front of you, because it continues to get tougher because this city is growing much faster than your code enforcement team and I know how much work you guys have got and that's -- it's a lot to haul, but, you know, we got to remember that at the same time that we trying to regulate these signs, we are trying to keep it as fair as we can to all the other businesses that are following the rules and doing things right and protecting their rights as well to exist in the city. Simison: Great sage advice to end today's conversation. Hood: Mr. Mayor, I don't want to necessarily -- Councilman Overton did a great job, but if I can just sort of wrap it up. I just want to call your attention really to the second to the last paragraph. So, we will be back at another workshop on these. One of them, though, you could potentially take action on tonight, because, like I said, Bill's on the regular agenda for the continued option. You mentioned home occupation, swim lessons. We don't have time now, but we are prepared tonight, if you are ready to act on that. Not time to dialog about it now, but he has got a presentation that he will make as part of that tonight that you could potentially act if you are comfortable with that. Planned unit development stuff, kind of to Councilman Cavener's point, we are doing some stuff as staff, but the PUD ordinance just doesn't get used anymore, so we are trying to figure out a way to revive that. We will come back at another workshop with that. And, then, the last one I wanted to just highlight is MDC is updating their Meridian City Council Work Session September 10,2024 Page 21 of 22 destination downtown plan and there are some code implications to what they are doing with that plan, but I think Ashley Squyres will be looking for some face time with you all to have some of that discussion, which, again, has potential implications for the UDC, depending on how Council reacts to that plan. So, just -- read that paragraph, please, but we will be back with some more UDC changes here in the near future. Thank you for your time. EXECUTIVE SESSION [Action Item] per Idaho Code Sections 74-206(1)(c): To acquire an interest in real property not owned by a public agency; and 74- 206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code. Simison: Thank you, everybody. With that -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we go into Executive Session pursuant to Idaho State Code 74- 206(1)(c) and (1)(d). Strader: Second. Simison: Have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and we will go into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:32 p.m. to 6:01 p.m.) Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move to come out of Executive Session. Strader: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. Meridian City Council Work Session September 10,2024 Page 22 of 22 MOTION CARRIED: ALLAYES. Simison: Do I have a motion to adjourn? Cavener: Mr. Mayor, I move to adjourn the meeting. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned from our work session. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-1-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 10-1-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 20, 2024 City Council Work Session Meridian City Council Work Session August 20,2024 Page 14 of 14 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think unless Council has an objection, that's noticing at the requested amount, very similar to how we would do budget and, then, we can make a formal decision on the 10th. Simison: Not seeing any objection to that viewpoint, we will move forward. Freitag: That's how we will proceed then. Thank you. Simison: Okay. Thank you. Stanley: Thank you, Mayor. Thank you, Council. We sure appreciate the time. Simison: All right. Council, we are at the end of our work session. Do I have a motion? Strader: Mr. Mayor, I move that we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5.07 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 20, 2024 City Council Regular Meeting Meridian City Council August 20,2024 Page 42 of 42 Strader: Mr. Mayor? Simison: Council Woman Strader. Cavener: No future meeting topics, I move that we adjourn the meeting. Simison: I have a 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 8:15 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 27, 2024 City Council Regular Meeting 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: Adler Building 514 Water Main Easement (ESMT-2024-0121) ADA COUNTY RECORDER Trent Tripple 2024-050338 BOISE IDAHO Pgs=5 ANGIE STEELE 09/11/2024 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Adler Building 514 - Water Easement Water Main Easement Number: 01 Identify this Easement by sequential number if the projeck contains more than one easement of this type.See instructions/checklist for additional information For Internal Use Only ESMT-2024-0121 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 10th day of September 2024 between Adler Benchmark LLC, an Idaho limited liability company ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a water main easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee a non-exclusive easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of underground water mains and their underground or aboveground allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 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 Water Main Easement Page 1 Version 01/01/2024 Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. GRANTOR may place sidewalks, curbs, gutters, and asphalt parking in the easement area. THE GRANTOR covenants and agrees with the Grantee that should any part of the easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent, such 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: Adler Benchmark LLC i(jo .11 Bradley E. iller,Vice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on August a7*42024, by Bradley E. Miller on behalf of Adler Benchmark LLC, an Idaho limited liability company, in his capacity as. Vice President. Notary Stamp Below Notary Signature My Commission Expires: VIRNA K.MCENTEE NOTARY PUBLIC-STATE OF IDMO COMMISSION NUMBER 202136M MY COMMISSION EXPIRES 84.2027 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-10-2024 Attest by Chris Johnson, City Clerk 9-10-2024 STATE OF IDAHO ) : ss. County of Ada ) This record was acknowledged before me on 9-10-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 01/01/2024 EXHIBIT A WATER LINE EASEMENT A PORTION OF LOT 2,BLOCK 2 CHEWIE SUBDIVISION SITUATED THE SE`/4 OF SECTION 11 T.3 N.,R. 1 W.,B.M., CITY OF MERIDIAN,ADA COUNTY,IDAHO A 20.00 foot wide easement being a portion of Lot 2,Block 2,of Chewie Subdivision,a recorded subdivision on file in Book 122,at Pages 19282 through 19286,records of Ada County,Idaho,situated in the Southeast'/4 of Section 11,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Idaho,and being 10.00 feet each side of the following described centerline: Commencing at the northeast comer of said Lot 2; thence along the northerly boundary of said Lot 2 North 89°09'12"West 100.00 feet; thence leaving said northerly boundary of Lot 2 South 0150'48"West 30.00 feet to the southerly boundary of that Sanitary Sewer And Water Line Easement recorded as Instrument Number 2021-173037,records of Ada County,Idaho,and the POINT OF BEGINNING; thence continuing South 0050'48"West 21.00 feet; thence South 89109'12"East 22.00 feet to the POINT OF TERMINUS,comprising 860 square feet,more or less. E N SSA� d= ® in 0 FXID® � C. 668-01.doc Page 1 of 1 - -- - EXHIBIT B WATER LINE EASEMENT A PORTION OF LOT 2 BLOCK 2 CHEWIE SUBDIVISION SITUATED IN THE SE 1/4 OF SECTION 11 T3N R1 W BM CITY OF MERIDIAN, ADA COUNTY, IDAHO N. L 00.00' N 89'09'12" W I i W FRED SMITH LANE (PRIVATE) �T I NOT TO SCALE 20' WIDE SANITARY SEWER I AND WATER LINE EASEMENT INSTRUMENT NUMBER 2021--173037 EASEMENT AREA 860E SF DETAIL NOT TO SCALE ti I z BLOCK 2 20' WIDE EASEMENT 1 I I I ! J I I I W FRANKLIN ROAD I D��OL LAND \ � LAND � LINE TABLE NS a LINE LENGTH BEARING L1 30.00' S 0'50'48" W 1 L2 21.00' S 0'50'48" W IV C. W ELLS e ��/Z� L3 22.00' S 89'09'12" E !� ((( 668 EXHIBIT.DWG E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Avani Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0113) ADA COUNTY RECORDER Trent Tripple 2024-050339 BOISE IDAHO Pgs=5 ANGIE STEELE 09/11/2024 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Nacre: Avani Subdivision No. 1 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential nuniWr if the projeel COnlains more 111M one ememeal of this type.See instruclions/checkhm for additional infocmmion_ For Internal Use only ESMT-2024-0113 Record Number: SANITARY SEWER—AM WATER MAIN EASEI1riEL�T THIS Easement Agreement made this 10thday of September 20 24 between F 111 LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences,trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees ofany kind. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This recorq was acknowledged before me on 8-alt d (date) by {name of individual), [complete the following ifsigning in a repre entative capacity, or strike thefollowing ifsigning in an individual capacity] on behalf of Fill L (name of entity on behalf of whom record was executed), in the following representative capacity: W1,Agwfkyl (type of authority such as officer or trustee) • LA Notary Notary Stamp Below a r �, �� a ai G • DIARY • � ! = _ �• ; Notary Signature o1�[JBL ��;p; My Commission Expires: •.,sj, 41 •0.0 0. ...••1p4�.•` a'aagTE pF ��,•�' fflfffff�f�* Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN RobertE. Simi son,Mayor 9-10-2024 Attest by Chris Johnson, City Clerk 9-10-2024 STATE OF IDAHO, } : SS. County of Ada ) This record was acknowledged before me on 9-10-2024 (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 k Notary Signature 3-28-2028 My Commission Expires: i f E F, f�f l: Sanitary Sewer and Water Main Easement Page 3 Version 01/0I/2024 i' Sawtooth Land 5urveying , LLC EXHIBITA P: (208) 398-8104 ff: (205) 398-8105 20305, Wa5hm6jton Ave. , Emmett, ID 53G 17 Off-Site Water Easement Description BASIS OF BEARING for this description is N . 0'43'00" E., between a brass cap marking the 1/4 corner common to Sections 15 and 16 and an aluminum cap marking the northwest corner of Section 15, T. 3 N ., R. 1 W., B . M ., Ada County, Idaho. An easement located in the SW1/4 of the NW 1/4 of Section 15, T. 3 N ., R. 1 W ., B.M ., Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the 1/4 corner common to Sections 15 and 16; Thence N . 0°43'00" E., coincident with the west line of said SW1/4 of the NWi/4 and the centerline of S. Black Cat Road, 660, 15 feet; Thence leaving said west line, S. 89°17'00" E., 50.00 feet to the easterly right of way of said S. Black Cat Road and the POINT OF BEGINNING; Thence N . 0°43'00" E., coincident with said easterly right of way and parallel with said west line, 31 ,50 feet; Thence S. 89°17'00" E ., 180.85 feet to the beginning of a non-tangent curve to the right; Thence 31,64 feet along the arc of said curve, having a radius of 284,50 feet, through a central angle of 6°22' 19", subtended by a chord bearing S. 5046' 12" W., 31 ,62 feet; Thence N . 89°17'00" W ., 178,06 feet to the POINT OF BEGINNING. The above described easement contains 0, 13 acre s more or less. L\CFHS�'p q .L 115 4 7�Z4fZ�� ��r JEAt3LG f i i P:\2023\1 EMT\123135-AVANT SUBDIVISION PLAT-CMG\Survey\DrawingslLegal Descriptions\123135 Off site water ease 1 .docx Page 11 BASIS OF BEARING, JEXHIBIT B N 0°4300 E 265719' ma S . BLACK CAT RD 660015, N $ � 65921 zoo 1328.59' 8 rl 7, A m lz I z m c� 90 $ N � 'Cl_{y I b � � I PRor ay5 r t ' " o 2ID Z w 3 i PROJECT: OWNVVOEVELOPER: 2030 S. VVA$J-JINGTON AVE DWG # OFF-SITE WATER Ahak EMMETT, 10 83617 123135-IX EASEMENT FXHIIBT CONGER GROUP Pox 208 398-8104 PROJECT# ` ADA COUNTY, IDAHO F: (208� 358.81 05 123135 SHEET' DATE: 712024 1.a17, r, UNcyix7,, 11-G WWW.SAWTOOTHLS.COM I OF2 V IDIAN� AGENDA ITEM ITEM TOPIC: Avani Subdivision No.1 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0114) ADA COUNTY RECORDER Trent Tripple 2024-050340 BOISE IDAHO Pgs=5 ANGIE STEELE 09/11/2024 09:14 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Avani Subdivision No. 1 Sanitary Sewer&Water Main Easement Number: 2 Identify Ili is Easement by sequential number if the project contains more than one easement of this type.See instructionskkdlist for addinannl information For Internal Use Only ESMT-2024-0114 Record Number: LAMIARY$EWER AND WATERA EASE +NT THIS Easement Agreement made this 10th day of September 20 24 between F 111 LLC - ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I Version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences,trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: i STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on gLaIARL4 (date) by (name of individual), [complete the following ifsigning in a rep sentative ca acity, or strike thefollowing ifsigning in an individual capacity] on behalf of VV1 L.tCC (name of entity on behalf of whom record was executed), in the following representative capacity: Om&,V� t (type of authority such as officer or trustee) Notary Stamp Below 6000 *00 •. pT�1Rt' • L • w Notary Signature • -•- S-3 � • My Commission Expires: gPUBL1t�r ' ••'•�. � t •Sewer and Water Main Easement Page 2 Version 0 1 10 1 12024 GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 9-10-2024 Attest by Chris Johnson, City Clerk 9-10-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-10-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notury Stamp Below Notary Signature 3-28-2028 My Commission Expires: f f E f i Sanitary Sewer and Wafer Main Easement Page 3 Version 01/01/2024 t. 5awtooth Land Surveying , LLG EXHIBITA 00 P : (208) 398-8104 F : (208) 398-8105 2030 5 , Wa5hm3ton Ave . , Emmett, ID 83G 17 Off-Site Water Easement Description BASIS OF BEARING for this description is N . 0°43'00" E., between a brass cap marking the 1/4 corner common to Sections 15 and 16 and an aluminum cap marking the northwest corner of Section 15, T. 3 N ., R. 1 W., B. M ., Ada County, Idaho. An easement located in the SW1/4 of the NW1/4 of Section 15, T. 3 N ., R. 1 W., B. M ., Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the 1/4 corner common to Sections 15 and 16; Thence N. 0°43'00" E., coincident with the west line of said SW1/4 of the NW1/4 and the centerline of S. Black Cat Road, 544,15 feet; Thence leaving said west line, S. 89017100" E ., 50.00 feet to the easterly right of way of said S. Black Cat Road; Thence continuing, 5. 89017'00" E ., 142 .89 feet to the POINT OF BEGINNING and the beginning of a non-tangent curve to the right; Thence 47 .85 feet along the arc of said curve, having a radius of 315,50 feet, through a central angle of 8041121", subtended by a chord bearing N . 19°26'45" E., 47 ,80 feet and the beginning of a reverse curve to the left; Thence 105,30 feet along the arc of said curve, having a radius of 284,50 feet, through a central angle of 21*12123", subtended by a chord bearing N . 13*1V15" E., 104.70 feet; Thence 5, 89017'00" E., 31.01 feet to the beginning of a non-tangent curve to the right; Thence 117,78 feet along the arc of said curve, having a radius of 315 ,50 feet, through a central angle of 21023'24", subtended by a chord bearing S. 13005'44" W., 117 . 10 feet to the beginning of a reverse curve to the left; Thence 43 ,15 feet along the arc of said curve, having a radius of 284.50 feet, through a central angle of 8041'21", subtended by a chord bearing S. 19026'45" W., 43 . 10 feet; Thence N . 74053'55" W., 31 ,00 feet to the POINT OF BEGINNING. r� The above described easement contains 0. 11 acres more or less. °- 11574 I 4PEOF t3('NO ; f ✓�-Fr f3�.AG�-�'l I i I I P:\2023\1 EMT1123135-AVANT SUBDIVISION PLAT-CMG\Survey\Drawings\Legal Descriptions\123135 Off site water ease 2.docx Page 11 --- i I f BASIS OF BEARING EXHIBIT B m S BLACK CAT RD NO 4300" E 2657419' m Iu a 544.15' �++ 1319.36' - x� 1328,59 tsn Q mn c � Qm �ia u T � om c 8 2 n N �G) pp00 A b � OvOO 1 � mHNm ""r I ^' � aW � im I m I W � xzo I a a PROR� A s w - m \ � P � � I 3 I I __...._— _ ._.._._.—....-.._..�—_...-_—_ . DWG # PRo1ECP: oWNEa/DEVE1.oPER: 2030 S. WASHINGTON AVE OFF-SITE WATER EMMETT, ID 83617 123135-Ex EASEMENT ERHINT CONGER GROUP P '208 398 8104 PR6Ecr# ADA COUNTY, IDAHO �yTDOT F; (208) 398-8105 123135 � SHEEP DATE: 712024 La�Surieyi LLG WWWSAWr0OTHLS.00M 1OF2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Horse Meadows Water Main Easement (ESMT-2024-0112) ADA COUNTY RECORDER Trent Tripple 2024-050342 Project Name or Subdivision Name: BOISE IDAHO Pgs=5 ANGIE STEELE 09/11/2024 09:16 AM Horsemeadows Subdivision Water Easement CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: Q1 Identify Otis Easement by sequential number if the protect wntaIns more than one eosaneeN of this type.See instrutdoWchecld st focatdditipraJ information. For Internal Use Only ESMT-2024-0112 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 10th day of September 20 24 between KB Home Idaho LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described prop (SEE ATTACHED EXHMITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance, repair-and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS ENPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including,but not limited to,buildings, trash enclosures, carports, sheds,fences,trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Page 1 Version 01/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: KB Home Idaho LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 2,; -'2�[I (date) by Stan Katanic (name of individual), [complete thefollowing Y signing in a representative capacity, or strike the following xf signing in an individual capacity] on behalf of KB Home Idaho LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Division President {type of authority such as officer or trustee) Notary Stamp Below •';'�$� A D�+Px�, otary Signature Korq�r n� My Commission Expires: 30 �w OF,4�,���4,. Ifive Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN RobertE. Simison, Mayor 9-10-2024 Attest by Chris Johnson, City Clerk 9-10-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-10-2024 (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 Notaiy Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 01/01/2024 Exhibit A Horse Meadow Subdivision Water Easement No. 1 August 17, 2024 A portion of the Northwest 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 1/4 corner common to Sections 9 and 10, T.3N., R.1 W., B.M., from which the Section corner common to Sections 9 and 10, 15, and 16, T.3N., RAW., B.M., bears South 0038'55" West, 2653.02 feet; thence South 32004'08" East, 207.73 feet to the POINT OF BEGINNING; thence 11.02 feet on the arc of a non-tangent curve to the left having a radius of 23.50 feet, a central angle of 26052'42", and a long chord which bears South 75045'14" East, 10.92 feet; thence South 89011'35" East, 9.38 feet; thence South 00048'25" West, 7.00 feet; thence North 89011'35" West, 20.00 feet; thence North 00048'25" East, 9.54 feet to the POINT OF BEGINNING. Containing 149 square feet, more or less. End of Description. Page 1 of 1 Exhibit B Horse Meadow Subdivision Water Easement No. 1 1/4 W. Pine Ave. S.9 S.10 I �'-0 -7r 48.0' I •V� i C1 cV Point of L1 In p Beginning v c I L4 L3 L2 � NfU m � Y O In U L v v, oo m O (/7 1 I I 48.0' i 25' Line Table Line Bearing Length ,d AL LA Lt S89'11'35"E 9.38' S 4�CENS S.9 S.10 L2 S00'4825'W 7.00' 11779 S.16 S.15 L3 N89'11'35"W 20.00' JJ L4 I N00'48'25"E 9.54' 0. 9>.4s� of SOP �4f McCA►�'� Curve Table Curve Length Radius Delta Chord Bearing Chord Length N Scale: 1"=80' C1 11.02' 23.50' 26'52'42" S75-45-14"E 10.92' 0 20 40 80 160 P;\HWu 4aodaus Sub,3-335Ndwg\rOU H2O mhaiid" 4/17/y02i e0:31:35 NI DAHO Exhibit B Job No. SURVEY 9W5 W.EMERALD ST. Water Easement 23-335 eDISF—IDAHOB3M4 Sheet No. (208)816-8570 Horse Meadows Subdivision 1 GROUP, LLC A portion of the NWI/4 of the SWi/4 of Section 10. Dwg. Date — -- Uhl, R.M. B.M., City of Meridian, Ada County, Idaho 8/17/2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: The Oaks North Subdivision No. 13 Full Release of Pedestrian Pathway Easement (ESMT-2024-0116) ADA COUNTY RECORDER Trent Tripple 2024-050343 BOISE IDAHO Pgs=1 ANGIE STEELE 09/11/2024 09:17 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2024-0116 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Pedestrian Pathwav Easement GRANTEE: CITY OF MERIDIAN GRANTOR: Toll Southwest LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated December 5th , 2023 and recorded as Instrument Number 2023-067995 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 10th day of September 20 24 CITY OF MERIDIAN RA eh Simi n r 9-10-2024 R117IAN4�- � SF,AL Attest by ris Johnson,fity Clerk 9-10-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-10-2024(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Na&ycW" Notary Signature 3-28-2028 CHARLENE WAY My Commission Expires. COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: U-Haul Overland Sanitary Sewer and Water Main Easement (ESMT-2024- 0115) ADA COUNTY RECORDER Trent Tripple 2024-050344 BOISE IDAHO Pgs=9 ANGIE STEELE 09/11/2024 09:17 AM CITY OF MERIDIAN, IDAHO NO FEE Proieet Name(Subdivision): U-Haul Moving & Storage LDIR-2022- Sanitary Sewer&Water Main Easement Number: 1 Identity this Easement by sequential nurnber if Project contains more than one easement of this type, (See Instructions for additional infon-nation). ESMT-2024-0115 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this10thday ofSe tq ember 20 24 between Arnerco Real Estate COMPANY ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible; for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, Sanitary Sewer and Water Main casement REV,0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any pennanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated.herein. 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 fizrther effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawfiil right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Amerco Real Estate Company STATE OF Ili Ifl ) mclrica� ss County off ) This record was acknowledged before me on 2023 (date) by dame of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of ArnCrCb Rml rCcMfan4 of entity on behalf of wham record was executed), in the following representative acity: PreSider1 .(type of authority such as officer or trustee) (stamp) VAL€RIA C. R0©R —Cz Notar i nature NOTARY PUBLIC-ARIZONA y MMMIS O #62441 M Commission Expires:- 30 Z02 OUNTY COMMISSION�624419 y 1� MY COMMISSION EXPIRES MAP"31 20,2026 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-10-2024 Attest by Chris Johnson, City Clerk 9-10-2024 STATE OF IDAHO, ) ss, County of Ada ) This record was acknowledged before me on 9-10-2024 (date) by Robert E. S i rn i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 Exhibit "A" City of Meridian Sanitary Sewer Easement Description For U-Haul — 1250 East Overland Rd. The following Describes a Twenty foot (20.0') Wide Strip of Land for the Purpose of a Sanitary Sewer Easement being a portion of Parcel "A" of Record of Survey No. 6228, Records of Ada County, Idaho lying in a portion of the Southeast 114 of Section 18, Township 3 North., Range 1 East., B.M., City of Meridian, Ada County, Idaho, and more particularly Described as follows: COMMENCING at the South 114 of Section 18, Township 3 North., Range.1 East., B.M., From which, the Southeast Corner of said Section 18 bears, North 89143'00" East, 2,649.09 feet; Thence along the Southerly Boundary Line of the Southeast 114 of said Section 18, North 89143'00" East, 1,866.31 feet; Thence leaving said Southerly Boundary Line, North 00°15'42" West, 209.34 feet to a point on the Southwesterly Boundary Line of a Certain existing Sanitary Sewer Easement Recorded as Instrument No. 9269084, Records of Ada County, Idaho; Thence along the Southwesterly Boundary Line of said Certain Sanitary Sewer Easement, North 29004'02" West, 334.58 feet to the POINT OF BEGINNING: Thence, leaving the Southwesterly Boundary Line of said Certain Sanitary Sewer Easement, South 22°42'43" West, 21.76 feet; Thence, North 67°17'17" West, 20.00 feet; Thence, North 22°42'43" East, 37.51 feet to the Southwesterly Boundary Line of said Certain Sanitary Sewer Easement; Thence along the Southwesterly Boundary Line of said Certain Sanitary Sewer Easement, South 29°04'02" East, 25.26 feet to the POINT OF BEGINNING: The above described Strip of Land Contains 590 Sq. Ft., more or less. S//S/Zy 8 1 0 C O I I N I o p O O fi C I I -a I � pp I as v I I I o I m r� ` < (D m 0.0 w Q IOL I C] r C7 VI C7 �7 r ' I O (D fD ° O (p c rt 3 O n S n C C_ 3 u I @ m a c I� -- -- - ° r C p 3 O C = Q I rn O j' 7 K �. //TVV 1 � °S �y 'ts 3 mo r- � 3 P.R C C u I "3 N p 0 `C w C7 m O I °�`"'° f ;0 r ° r � Ca 00 CO fl o O Q r S 0 3 0 1 o 0 R 1 Ngm Q ,y, f^: m m mm CD �im tp 'a N �E~ O1 I ` 00o N?.� I � • � �/ I �N O I ,• mo O I LO 060/a o� 00. 2.0 02, z C 10\0'' rr 0 p .0qt� �'-ifo � m I 0 aS g c a �a . ' - A0, i 7 O :3s N00'15'42"W 209.34' 1 moo. CD o r+ Q D o O rn I �1``d PR�FFS N p � 1 (C I 00 oo E 3 v �y 00 yy �4j m Co N m c _ -n Lr, NP%L y v \\ cl"a nl"i m N m r o a '4'9 � = II > 4 J� N v N o m O •7 Cry O_r i O 4 J 4* 7' —1 N W V W 43 p 00\ 7 rt U V p r tD I p S. Locust Grove Rd. ,�'°� c� o 0 0 Z t0 z �. - - - S N * O 4 O � W O s as .m ,a oa .. �V c n� N e ��a�eoo 8IkVZ4 >> 825 1�. City of Meridian Sanitary Sewer Easement Description 8/15/2024 Scale: 1 inch= 5 feet File: Tract 1:0.0136 Acres(590 Sq.Feet),Closure:s29.0709e 0.20 ft.(11530).Perimeter=105 ft. 01 s22.4243w 21.76 02 n67.1717w 20 03 n22.4243e 37.51 04 s29.0402e 25.26 Exhibit "A" City of Meridian Water Easement Description For U-Haul — 1250 East Overland Rd. The following Describes a Parcel of Land for the Purpose of a Water Easement being a portion of Lot 1, Block 1 of Pack it Up Subdivision as filed for Record in Book 84 of Plats at Page 9360, Records of Ada County, Idaho lying in a portion of the Southeast 114 of Section 18, Township 3 North., Range 1 East., B.M., City of Meridian, Ada County, Idaho, and more particularly Described as follows: COMMENCING at the South 114 of Section 18, Township 3 North., Range.1 East., B.M., From which, the Southeast Corner of said Section 18 bears, North 89043'00" East, 2,649.09 feet; Thence along the Southerly Boundary Line of the Southeast 114 of said Section 18, North 89143'00" East, 1484.55 feet; Thence leaving said Southerly Boundary Line, North 00°15'42" West, 48.00 feet to the Northerly Right of Way Line of East Overland Road, the POINT OF BEGINNING: Thence, leaving the Northerly Right of Way Line of East Overland Road, North 00°17'00" West, 9.00 feet; Thence along a Line being 9.00 feet Northerly of and parallel with the Northerly Right of Way Line of East Overland Road, North 89°43'00" East, 20.00 feet; Thence leaving said parallel Line, South 00°17'00" East, 9.00 feet to the Northerly Right of Way Line of East Overland Road; Thence along said Northerly Right of Way Line, South 89043'00" West, 20.00 feet to the POINT OF BEGINNING: The above described Parcel of Land Contains 180 Sq. Ft., more or less. 82�1 0 00 fo o ` I L I 0 O ± m O N O � 7 I a I I C o d I I I 0 1 U 00 I Col�D I �3C �v - rt 0 , �O 0 CCD O ' 3 1 .or � CD (10 CIO 0 � I O n n O p R cCL � fnD— W 3 I CL C I [�► g m rrj W N m 40 O in 07 7 C QCD CL . C [k} 3 I m °. o r o I (C2 �o r S� m% tm D Y N O N a 0 O 0 N y n I w OiA I � � I S m n Q 0, o C I a (D Ul 0 0 Parcel.,B" o Q i 41 Record of Survey i 4� W ,+ s I-ft No. 6228 3o ,+ Mm Q < o i 1 PRQF r (A -F� (A N � CD O Kea 3 �y OD r*- p �N m co $ o o GoZ) ° I i U7 N C.) A w �! w �I to Q ID Q. I ay o 0 0 0 o N o I O y `ate m r*i * Cr \o W` Zi0?•�P o (o o "o Co Co 1 0 O O O O O +O NCT �.... O 0 O O ? (0 Z 0 0 o° No S. Locust Grove Rd. n89°43'00"e 20 o 0 0 c:a J � o 0 0 o s89°43'00"w 8251 0 City of Meridian Water Easement Description 8/14/2024 Scale: 1 inch= 3 feet File: Tract 1:0.0041 Acres(180 5q.Feet),Closure:n00.0000e 0.00 ft.(11999999),Perimeter-58 ft. 01 n00.1700w 9 02 n89.4300e 20 03 s00.1700e 9 04 s89.4300w 20 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Apex Northwest Subdivision No. 5 (FP-2024-0017) by Brighton Corporation, located near the northwest corner of S. Locust Grove Rd. and E. Lake Hazel Rd. STAFF REPORT C� w IDIAN:--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 09/10/2024 Legend NO DATE: Project Location TO: Mayor&City Council ::: Area of Impact E, = City Limits FROM: Nick Napoli,Associate Planner 0 Analysis —_ 208-884-5533 SUBJECT: Apex Northwest No. 5 FP-2024-0017 LOCATION: Near the northwest corner of S. Locust Grove Rd. &E. Lake Hazel Rd., in the SE '/4 of Section 31,Township 3N., Range 1E. I 1 1 I. PROJECT DESCRIPTION Final Plat consisting of 40 single family building lots and eleven(11) common lots on 16.40 acres of land in the R-8 zoning district for the Apex Northwest Subdivision No. 5. II. APPLICANT INFORMATION A. Applicant: Amanda McNutt,Brighton Corporation—2929 W.Navigator Drive, Suite 400,Meridian ID 83642 B. Owner: Brighton Development Inc.—2929 W.Navigator Drive, Suite 400,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-2020-0066 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 lot configuration have changed slightly from the preliminary plat. This is due to S.Apex Way being designated as a collector which does not allow direct lot access. Since there is no change to the number of buildable Page 1 lots and the amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 03/16/22) wol.o APEX WEST SUBDIVISION PRELIMINARY PLAT A PARCEL OF LAND 5"ATED IN A POFMON OF TIIE SOLFTHEAST 1/4,THE NORTHEAST VA OFTHE SOIITIIWEST .,..w�..., 1(0,ANDTHE$OVTHEAST i140F THE NORTHWQST 1/40F SECTION 21,TOWNSHIP I NORTH,RANGE E EAST, BOISE MERIDIAN,AOA MUNW,,IDAHO. - ��• ��. ..�..,.- y � Wit:x_.•. 1 wunlw�naAoaa SS ., 1 w w •... am-,c. _ ' x m1=% RiRnr,flan -� ___r _m.. li•__ .______ M71- ---•` -- - PP1.4 B. Final Plat(dated: 05/29/24) PL OF APEX NORTH WEST SUBDIVISION No.5 nw..al..e.w�m�...nc... rxnn.wnw iraa e.ea.,cmduaaesaeanrnr.ieaa a.r"=o.....ro•c�,cu..i o.e xbe V I __,40P9,P W W W..... ��•� ' r r1 '4.- �• �/Ut!'9 W H N wNa v rr�v y� 0 q, pld"�f i 4M.rtP.tl+.'bMC/CY9 to Y* E �4.WFA yi ~� � lPTSK .ur•m.k � f1 Fw SA . � __— p.YXCX.iwi d!�T�?+� S�PpPp��i rco gvlW�i RW r E SnKY 4' 4 vy W YC.'f2CYm rSo[adYF h¢Mk iSi "»•'�^+�n I � ^III wv�rivs � .""�",�.�'.`°"°' 41.•X.IM1X MY Y'.� =s�uri�nf 1 �••lr� � �Snn'1'.m.a� f I.CYewxYaA' m�a f �#'rY1. an �i — YES RI.W IA,m� l Nf Y]4E`�I 1.[Yn[titloLf. °1''t n4 ` 1*-"" srMw�mF +59 s em"m Brighton 0�wiilon xuio Page 3 C. Landscape Plan((dated: 05/24/2024) 5141 LG illlYf41Yi4YYtlY OPE kSPACC SRCC CAICULATIOh.S 11 LR[UR000 SF] R�+-!�� �• �. s [,OOCD � f�Y T.x:.�o'-•.� roru oPFI.SPACE TRRS IaTu sLF� •• ® FOFALSTRF[l TR[CS O � � , © ,`gas PATH WAY GlC4llAilgNS IF TPCC,!]ORLq � �. � lgTAL PATlIWAY FR[[5 - •—a.._. •..»...._• -y � � MRIGAFIOH RCgIIIREM[Hi5 � rcq IANi)SCAPE COVER S G n •.tea-.r.�.s:.� ��.�-. "��.xs. sianrc'. • ..�ras�r�sraQ'-- ,.mom x��,x�.xr� ®----_.m_es__ m m..�e �.,..,,., s,.•�-,axu�.s���.. y.. � :r;,;�.::........, •aye_s�•��x_-•-� a�: aaisua�rsera �=rye m - mar— \ 0- �asr• 0'o (D- 11 "� _o• �:- WA a COD kmWMEMM lANOSCAPE PLAN '! ���•`��'A Y' j •, +,�.' �F�•1 •��~ � '^W � �� s a.r rar uw WF.4W pee ML 2 LANDSCAPE PLAN •Gf'��'l� -7"F�3s�S® Y m�•Rr�Ar.m is�rr� �• rarer ra• mEram.".-=. P •Gr'"II.r���-�uu r.GS'.i'NR-ww.a".Pi._.4 on.ro.� ...w aw era _ fir Ian � v��•xi:::-. �.�'.era.-�� �. 1 ® ¢r 1 = I• 1 1 1 1 ��lANL75CAPE PLAN 1� La 0 Page 5 {'� .,..,.o... ram...-. .,.. �...� "�L'4:�'i � LSSL 0— 77 WXPL. F: �LANNSLAPE PLANPLAN Ls o VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(H-2020-0066 (Development Agreement Inst. #2020-178120(Apex);H-2020-0117,Development Agreement Inst. #2021- 102396(Schafer View Terrace);Preliminary Plat H-2021-0087; A-2024-0075 (Apex NW Pool); applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of Apex Northwest Subdivision No. 4 on July 25t'', 2023 in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Sawtooth Land Surveying, dated: 06/12/2024, included in Section V.B shall be revised as follows: a. Note#10: Include the recorded instrument numbers for the ACHD right of way easement. b. Note#17 and 18: Include the recorded instrument number of the ACHD sidewalk easement. c. Note#16: Include the recorded instrument number of the City of Meridian Sanitary Sewer and Water Easement. d. Lot 15,Block 10 shall be extended through Lot 14,Block 10 and Lot 19,Block 10 shall be extended through Lot 20,Block 10 to depict identical building setback envelopes shown on adjacent properties. The intent behind this is to prevent residents from backing down the common lot out of their garage. Please depict on an updated common drive exhibit. e. Replace the street name for"S. Highmark Way"with"S. Highmark Avenue"in accordance with the Ada County Street Name Review. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 05/24/2024, included in Section V.C, shall be revised as follows: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accordance with the standard listed in UDC 11-3B-1OC.5. b. Include shrubs and lawn or vegetative groundcover along with the trees within the landscape strips along the multi-use pathway adjacent to the McBirney lateral in accord with the standards listed in UDC 11-3B-12C. c. All required landscape areas shall be at least 70%covered with vegetation at maturity, with mulch used under and around the plants in accord with UDC 11-3B-5N. Either depict detailed landscaping in the areas where a cross-hatch symbol is used for shrubs, perennials or grasses that demonstrates compliance with this requirement; or,include a note in the plant schedule for the cross-hatched area that states compliance with this standard. A copy of the revised landscape plan 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. A 14-foot wide public use easement for all multi-use pathways (Lot 1,Block 15; Lot 16, Block 10; Lot 9,Block 16; Lot 7,Block 17) shall be submitted to the Planning Division prior to submittal for City Engineer's signature on the final plat(s). 8. Homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-178120). 9. 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. 10. Homes on lots that abut the collector street(i.e. S. Apex Ave.)_will be highly visible;therefore, the rear and/or side of structures on these lots (i.e. Lots 13 and 14,Block 10 and Lots 17, 18, and 20,Block 10) should 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. 11. 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 Page 7 Wastewater + datanmtoSewer Sew Ax iL3WeatSite Se rrioes + Sewer Shed • Emi malcd Project Sec applimLion Sewer EAU% • WiRl LltmlininA Lla lJnLe + ProICLL Consistent Yes wiLh'.WW MasLcr PIanJFacilit Plan + ImpacWs norms See Public WurksSitc Sprcilic Conditions WOLer + DhrLancc Lu 4WaLer 443Lcr Available at Sitc Services • Pressure Zone + CAmmed Prajcct Sec applimLion W;JLcr ERLI's • Water$uality None • ProlecLCondaant Yes wiLh WaWr Master Plan + ImpadlsjC.unmms None-Ensure nu MMcm amwiLhioS ferL ur Lhe rrnm sdjusl au xmxIm6ly.WULer Services cannoL run across a property other than Ube one bei ng served.Warner service need Io rvn along Lhe common lot with McLrr brio IocaLed in Iandlsaa area- (Common)SITE SPFDrlrIC tY?NDIT10NS: 1. Vi'a.ter servrcex LanMN rim amass a property other ilmn the imL hnnv screed.Staler sarice needN to mo alling the t]nmucn lot.Meter should be]ocaledin]anLLNLaped acca. 2. Fence LUMMVL he wilbin S feet of Water milers-Mil Lmt=4c dmgly. 3. Tree tnmlL must he al Inal 5 feet Fnrm the WzLer serriu- 4. IituwerLltsewerservrces plea IbnnLgh infillratinn trenches. S. Pnwkk 2rY]iaxements fiwm ms.by LhanL Iateralszml water x ex.I;mements should extend up Ilt the erd afmainlhydranOwaleT rnelerarul lCr heymdit. d. No permanent MLIUU res(trees,bashes,buildanp.carport+,trmhreceptacle wad fences, iofiltratiLm trenches,Iigbt prides,eLL-)to he hmll wFdhia the uLiliyeamariemL GENERAL_CON❑ITI€1NS: I. Smitary sewer service dr this develltpment rsaaailahle vTaeRTensv+n cl'cxixLiogmams adjacent ill the de3,el vpment.The appliranl shall msaall Toams lu and Lhmrugh Ihm.iubd3 isi4m;mppli=L shall ami-donue mam siax and T(IuLing with The Public Works L7ernarime311,mod execute slmdard RmTrr ufeasemenls Fur any imim LhaLaae mgmred dFprovide Berri re. Mrmimom mi erorer sewer mmm is throe feel,rF awer from kip irf pipe w srrh grade is less Iban Lhmx Feet Ihm a]bQ Le marenak shall be used in cvmfunnanee of City uF VCrrdrao Public War" DeparbnenLs MamLud Specif calicos. 2. Water seTaxe In This xi Le Ix avmlaMe vLl eLrleasmm iFfeF I%bmg marrLx adycent dF the drvellhlrrlent. The mpplr L shall he Tesponsiblr to linxdll waver mains Io and through this derrlolmrnu, coordinate main sine amd mulmg with Public WarLs_ 3. All impmremLmB relaled bit public lifr,safety and heahln shall be cumpkled Tani Lo nccnlhukcy of the sbTlctrnes.Where appmaed lry Lhe City Fngirseer,an owner rosy past a lre:i-R rlarre sraety Fier such wTmrmmemLs in arLkT lu uhlam Cily Isnginrer sigrulure Imn Lhe fmLI plaLas set Fimlb in LJD€: 11 5C 3G. 4. lJpen imsullatioa of Lhe larsdecapimg amd lrrrlla to mspecuun by PLamrrg ❑eparlment slaFF, Lhe a,rpliramt shall pmwxLe awnllen reruficale orcmopletkm as Bel forth in UIX'11 333 IhA. S. A Ielter of credit ira rash sraely m the am mmt of 11 D%will he required for all mmmpleLe feming, landscapigg,amempies,pre%staixed nrigalnoo,rxirt bsigFLalue on Llnr Final plat 6. The CiLy ofMeridim requres that the ommer past wilh Lhe€ity a perfiumaarce surety in the mwtunL of 125%of&e biw al am tnxtiom MINL for all inramplele s,ewrr,water mfri anacLnre prior Lu Final plmL si6malure.This snarly w ill be vmfred by a Ire item 0t%L eslrmare pmwided by the owner W the Cily. Thu mpplicant shall be required ua enter mdr a DevehopnocnL Surety AgreementwAll The€sty aLf Mu ldoan.The xLaeLy cmL he posted in the form nfam irffL:Vocable k tLr afmml.it.L Lih deposit m hand. AppLlcant must fk an appliralxm fm surety, whmh ran bL found an Llrc {'4msmumty L3evL:Lohrroocnt Department websile. Please coMLLCL L3uaL L7eael gmnLmL Service fia more infurmadan at SK7 2211. 7. The City ol'Maidam requires that the owner peel to Lhe€:ILy a warranLy surety m The amounT uF 20%oftim tool amsLiuclmin ulsL for all almplehed sewn,and water mkLKtrucrure for a duri Lmm of two years.This slmely amuuN will he x+cri lied by a lime item final ciml mwlicmg pnwided by Lhe nwmer w Llne Cily.The suTeLv can he posted in Lhe farm of m irtevocahk leLLer arf credit,cash depuslt m hood AprIA6=L mail lile an applxation kir surly, which can he frlumd tar the ('iLrnmunLLy L7erelolmlenL Duparlmenl wehslLe. Please amlact L.and F)evehlpcnmt Senice for Tmorc_ilkirmatnm x8g7 2211. R. In chc each tlnal an applicmL arxllur uwner cannuL cnmplele Tien Itfe,mon safety arwl nun health impruvemenls,prior NF Vi Ly l--agineer s]LT2Ltrar irm Lhe fina3 plax arrdror pr it ha u Llparxy,a surely apvuroenL may be appnwed as Bel forth in UDC:1 I s5Cs3C. 4. ApplxamL shall be mgvmed do pay Public Worts developwwmt plan review, Lund LLmstrucuLm ingwcimn fees, as delemuoed dLming The plan review rlrmcas,prises do Lhe rsxumce of a plan approval lever. 10. It shall he the resprarsibi hLv of Lhe applicant Io ensure Lha1 all develvyim l featlaes cornply wLth Lbe Amerimms wilb Ilisabilrlres ALL and the Fair Eliusigg Art 11. ApplrraN shall be regmmulfle F4ir appl3Lmliom armL anmpliance Wall any Smtion IM Permitting lhai Tray he requiredhv Lhe Army f:mps of Lingineea_ Page 9 12. Drvelthrer shall awwdinale mailtruc locations with the Meridrm Pool€lfftoe. 13.All 6rmbmgufLlresrteshall lie pQfonoedmamfnrrnaTILe with hd€:€'11 1 4G. 14.0wn1aru n IesL relulls shall bu srhrnitted Mr the MertiLian Building Department fur a I I bLL3kbTLg pads receiving enginuurcd buLkfrll.where frwrting waruld siLatirp fill material. 15.The engineer shall he Tegmred in ossify that the sbwl cbrledime elmalia u we seL a minimum of 3 feeLahatve The bigbesl esubhshed peak g inmdwaterelevalirm. This is to ensure Lhal Ike brwtrtm elrvaliam of the Lrawl spaces air hutnes is al kasL 1 foot abrrve. 16.ThK applwmilsdcrgn engineer shall be respumilik formspecLiLm lrfall irrigaLlnn andkar drdinagg FaeiliLy WA11M Llrapnrlect IhaLdig nnL fall under the jumsdrelnm a l'um inigaLmn du;lrlcs or ACM]. The desi r engineer shall provide ctatificatiun thal 16e fac ililies have heen imuliccl in actxirdm e with the approveddesignplams ThlsciTidu:aLiLm will be required befure aaemFicalc Ir1'Itccupancy is issued fur any sirm-uses VAIM the l mjecL. 17.Al the arwnpktion of the pmjed,The appliramt shall he Txxpolsuble Lai submLLTuc.ird drdwi ii-5 pur the Vily uF Meridian AvtoCAD stmi aFdN. These reuaml drawings must be reoeLvcJ a Ll appruMed prior drthe lxsuartoe ofacerliFiralirm nfncropamey flxamy slnich¢eswithir the prl+lccL IR.StreeL Iiglrt plain requoements me Iisttsd in sectiom 6 7 arF the[TmlwVVcvLem Marxlawls Ric Street Lighting {Lrup:��x�ww.mrndianciLy.orglpuhlic wor♦csaspx?i41-272}. All S&eet Iighls shall he ioslallydat dc%xlagx7's cKpcosr. Final dcsigri%hall be submittal m pmtorthc dcvclopr nl plan sa for approval,which muxL include the Iocaliom or any misting Kurct Irgh Ls_ Thr cum LTac Lflr'S worLL mad unatemals shall mnfi n to the Ml1W(' and the €my of Mcritbm Suppknicntal Specifications W the IRI'V4'€'.€'onlacL the€sty arf Mendian TranxportaLion and lllilrly€:ourdinakv aL H99 5.541E fur ml0rmaLmm on the IucaliamsarFexisting sheet llghling_ 19.The applicant shall.pTuvwle cam men h r.)ftu all public WUbLT-seWeT mains atuLswLearFpLLMic TighLa01' way(include all vraLLr scrrims and hyLharrt%). The easement widLlrs shall he 20 feel wile Iiir a singk utility,Vf IO IceL wide fxi-Imt. The easememLs shall nuLbe dedicatedvu Orplat,bLILTalker dedicated awLskLe the plat praKxw usigg the€3Ly atf McrxLiao's sum uF4i Gwrns_Thr ca•Nxr3L.sha11 he graphically Lkpirled our die pLML for refkmi=c purprrses.Submit m erreculed eaxememL(arn the Rwmarailahle 1iurn PublicVgorks),a IcIal descrgtliomlwelwedby ao Idaho[.kxmsed Prrtfessinmal [.and Swvi:3mr,whrLh must mclurLc Lhr mea of Ole La'4unLML{o MkLd EX El[BIT A)and an Rl-'2'x I I'map with bLaringys and d3sLMLL%(mark: l EX133BIT 13)fur rcvicw. Ruth cchrlwLs must be sealed,signed and dated hp a PMfesslun;L]Land Surveyor.IX)NOT R[CORD. Add a rmile W the plat Teferenrimg this drvnuneaL All LLLNLnlcmL must be xubmrued,rev3ew4!4 and z"coved priur to sggnahue of OLe final Flat by the Crtp LingincLr. 20.ApplicaoL shall he Mspunsrhle For applicaurm and compliance with and t;PD1i5 perm3tung IFaL may he required by IILe Ii:TLvuunmental PlnLecu m.Agency. 21.Amy well%Mat will nnL cnnLm uu ltl he used must he prL pcTly sh aiduned according to Idaho Wull C mxhVL'tlan Sumilmr-L kLLILL:adrnmixteTed by the Idaho Department of Water Retortruus. The ❑L Llrgrcr's 1:ngimLr shall prurialc a stag wr I mL3ressuog whclbcr Ihaoc auc any cxi%Ling wells in Lbe develUrnenl, ark if w, haler Lhuy will a:onlinue to he used, or prarvide Teconl 411'the3r ahanllrmmarl. 22.Any exisling supLic systems within this projccI shall be reroirved Fmvm service perCrly Clydrnancu Sectioo 4 1-1 and 9 1 Ji_ {.'onLa L the ('cnlral Di%trirl [1ea11h Deparment Iar abatwlainmcnL prncedures arK1 Ins7rcclwms. 23.The Cily all'Mcndlarr requires Lhal lwexxurixed irrigation systems he supphed by a year ruwtd .WLLTUe 01'wa6er BUD€'11 311 A-).The appbcanL xhould he required to use any erustmg surface or well rater 4n•the primary souse. If a%urface or well sLnlrre 3s nuL available,a srggk poinL amnation dlh the culinary wader syslrm shall he eryuued.IFa single poind amorotion is ulilimL the deveInper will he resplmsihle fur Lhe pa)mmr3L of assemcneios for the cLwmnvn areas prior Lo dEveMtpment plan approval_ 24.All iFrigaLiun d3Lches,canals,laderals. m wins, exclusive 411'nsLural walerways, inLe tm& Gnwzhg nr laying ad}aomL and amtigmus ILt the anv he irig suhdisided shall he addressed per UDC 1 13A 6. In Vrfi rming such w4 rk,Ole appL¢md steal I amnp]}'wish Idaho Code 42•12d7 and aey ofl a applxahle law ur T ffu]atim. Page 11 w IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Avani Subdivision No. 1 (FP-2024-0013) by Conger Group, located southeast of Franklin Rd. and Black Cat Rd., North of 1-84 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 09/10/2024 Legend DATE: Project Location 0 TO: Mayor&City Council FROM: Nick Napoli,Associate Planner 208-884-5533 --`-- �Bag SUBJECT: Avani No. 1 y FP-2024-0013 LOCATION: Southeast of Franklin Road and Black - Cat,North of I-84, in the SW%4 of the ) ------------- ---- NW '/4 of Section 15,T.3N., R.1W. (Parcel#S1215233650) • P I. PROJECT DESCRIPTION Final Plat consisting of 67 single family building lots and four(4) common lots on 11.88 acres of land in the R-15 zoning district for the first phase of Avani Subdivision. II. APPLICANT INFORMATION A. Applicant: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise, ID 83706 B. Owner: C4 Land LLC—4824 W. Fairview Avenue,Boise,ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2023-0031)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. Since there is no change to the number of buildable lots and the amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. 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: 10/18/23) /Lfl f1PRUIMINMY PLAT FOR AVANI SUBDIVISION ------ Tif SFr..' WL 1W.. F ra,,....� PPS_o B. Final Plat(dated: 06/12/24) AVANT SUODM5M NC.I B"—PArF. Leh LOCATEDDV irlE SWIMOF THENWIli GF&EL YI 15 i.3 M1 R. W.,B.K,=OP POUDLW ADA MLU 2ffi9 rw.o..� 1 I �a6Yu f..ew I u•fms+w�s£umoemia„o¢w .k —_-- �V�.J ,.... Oar i L��8 �� SPl4hve , i11� no`amir�wa.i c�nn+,a.rr i. :_�ry �.7, >tm Cp, �l�"'41a°•r'.�-�'�� i�' i �_.£IX__ ��� �lfij{N pili�,] p11 10 y• /�' �' �,„I§ J. Lis a �ti0[kl i.0 ;.S' .0 ! ,. �_—� x5'�x.•F.� _ .� - - - - �J ' i�1w wi �� '� -~ __ k.W�r ..J�_•�f_� _iF -i�lil-_� 'ra— __ * jg ^�-.�F� s•--', .� - }�.. e.�,�.r.ar.^a..Ad';�.,a', i4 .��—ter. Ir �b r —'�m a' � - e,e,.m it 'iu;li •� IbsI:N N�I• [tiMfa j �! ju , p�' J b, I • a`;�.s><T'�xr"3rY is -kbe Ydf :_ 'x• - ,`1Y'�l.b'• }t�atl a�a�[mar' �a•J or g _ am v 1 • ' i+xw•,t,v � Y 4 r w •��r P� �..�-_���,s�a��ar�w -.�M',N.YM i1Ia. Y -`p461rR���—���� Y__�.�.-��� y�`S "�' � SrF'.M�rlff 7Kw MfrrS ur.f�'� A E�Ena ZOA7 3 rn[�ina sxwiuuor nxarne a.�e.e EwMPT,JP SW 77lf, 7 77— PAJI fdPR13486}OS r ' '• �•-,•.«r,�..�,,. .®...,.. _., _:.�.wr---. W w.siwroolwsmr Page 3 I ®® ME 110 MINE ---_---------_-- _-- - MOM Arm win oil oil __--- ---- II �►IF; 77 I Sir '€��r__�_9�-• -_ — ='` _� ___—_ •..__.._ r�111111111I �I��III== .�. •.. IC`lunar=_ slim l ■�ux „vra�.=ar�csm'�, I iIJG�f;u1��lIIITr, e � * ag ;n4 nY�. . 'IL ,�,�>�^�`.n.-_��`��n,:��{•�=-�'-���. � fillilllll�lll�jll= - �� . �- - . Illlllljlllllllll�lllll�������� ti ;9�: - IIlll�llllll� llll��illll - � j Avani Playground IORKI- ' ACES TAP VIEWa �Kceca� .ccecau Ws T� 5-12 P* GENERAL NOTES: Wawa Slide Id—11 MR w+ Teleawpe Rr Twkter er.P.avr.,sm�: eedG $YdC 72' 72' T12 C.Imher Rlhbed IRMO PyreM.,Roos FlFeP0I0RJPy Quarter ilMf1 slide Transfer Stmn SIRUCIl1REI� R352BZMA PROlECI*. LUR21221306 PLAYCRAFT REP. UAI L:IV 191L9L2 I JFtAWN BY:AlyE6a MIN.USE ZONE:35'x 33' Lu rj"Rnfeaf m VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(H-2023-0049 AZ,PP,Development Agreement-Inst. #2024-034385)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 April 2, 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 Sawtooth Land Surveying, dated: 06/12/2024, included in Section V.B shall be revised as follows: a. Note#6: Include the recorded instrument number for the ACHD license agreement. b. Note#9: Include the recorded instrument number of the Development Agreement. c. Note#14: Include the recorded instrument number of the ACHD sidewalk easement. d. Note#15: Include the recorded instrument number of the City of Meridian Sanitary Sewer Easement. e. Note#15: Include the recorded instrument number of the City of Meridian Water Easement. f. Note#16: Include lots 2-6,Block 4 in the common driveway note. Additionally, include a provision that Lot 8,Block 3 and Lot 8,Block 4 are private alleys to be owned by the HOA. g. Replace"W.Villagio"with"W. Grand Mogul Drive"on the note regarding right of way. h. Replace the street name for"W. Minaret Street"with"W. Donahue Street in accordance with the Ada County Street Name Review. i. Replace the street name for"S. Sage Flat Avenue"with"S. Moshova Avenue"in accordance with the Ada County Street Name Review. A copy of the revised plat shall be submitted prior to City Engineer signature. 5. The landscape plan prepared by Jensen Belts, dated 06/17/2024, included in Section V.C, shall be revised as follows: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accordance with the standard listed in UDC 11-313-1OC.5. b. Depict a 25-foot wide landscape buffer and landscaping along Black Cat Road in accordance with the updated standards listed in UDC 11-313-7C. Lawns and other grasses shall not comprise of more than sixty-five(65)percent of vegetated coverage in the buffer. A copy of the revised landscape plan shall be submitted prior to 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. A Certificate of Zoning Compliance and a Design Review application shall be submitted to construct the pool and changing facility;parking shall be provided in accordance with the standards in UDC 11-3C-6 or apply for Alternative Compliance in accordance with UDC 11-5B- 5. 8. A Design Review application shall be submitted for all single-family attached structures; one application can be submitted for the overall development if desired. 9. 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. 10. The rear and/or sides of homes visible from S. Black Cat Road(Lots 17-43,Block 1)and the new collector road Vanguard Way(Lots 1-15,Block 1; Lots 2-14,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. 11. Provide a common drive exhibit to the Planning Division prior to City Engineer's signature on the final plat. 12. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Page 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for McDermott Village No. 1 (FP-2024-0003) by Kimley Horn, located at 3235 N. McDermott Rd. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 9/10/2024 Legend DATE: Project Location t Impact t r TO: Mayor&City Council Area of Im p � E y City Limits FROM: Sonya Allen,Associate Planner O Analysis 208-884-5533 SUBJECT: McDermott Village No. 1 —FP,PS FP-2024-0003; A-2024-0078 LOCATION: Generally located at the NWC of W. ; -- Ustick Rd. and future SH-16 at 3235 N. McDermott Rd., in the SE 1/4 of Section ` 32. TAN.,R.W. I. PROJECT DESCRIPTION The Applicant requests approval of a final plat(FP) consisting of four(4)building lots and one(1) common lot on 15.99-acres of land in the R-40 and C-G zoning district; and six(6)private streets (PS)within the multi-family portion of the development,by Kimley Horn. II. APPLICANT INFORMATION A. Applicant Nicolette Womack, Kimley-Horn 950 W. Bannock St., Se. 1100, Boise, ID 83702 B. Owners: Pacific McDermott Village Apartments,LLC—430 E. State St., Ste. 100,Eagle,ID 83616 Woodside Avenue Investors,LLC— 1132 E.Laguna Shore Ln.,Eagle, ID 83616 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0056)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. Staff has reviewed the proposed final plat and there is no increase to the number of buildable lots and the amount of common open space is the same;therefore, Page 1 Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required with the conditions noted in Section VI below. The proposed private streets are depicted on the exhibit in Section V.E. IV. DECISION Staff recommends approval of the proposed final plat and tentative approval of the proposed private streets with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 10/25/21) OHvm'Hv111e3w yV'l'S( IV-1d AMVNIWI138d Ujo <Aa�UJI °ii 3sv iin uowa3a�w °��'v €'a 8 T �9 9" •9Y o� m "a f � O c hil is' 4 TqK J Page 3 B. Final Plat(dated: 06/14/24) a a �$�a 5�����^ � � . 3�5'�s•�zod'63� of � 5��� £S `n° mom a •a � ��® ""a s � fr � a1 � � ��fd �e O EL j� ;E A a 9 1.1U.1§A har s-m iLA 21 $ j a gpp°�! =�O LO 'o LU s soa a oog fi s ?a� 3 $ _si gsS OSp is gts � t €pyginy a S �.6=8p8p E Sgg�n �_ _ ti S a c� �� s€3 s v0A e o f$ a_$+a .— fie8 `>l�, i�" 'Vu, '5 U e fis a3a% � 3 0 o � a 1 s gggS��s� � 8 a" g6 g �s a� fi fig �Es a g a 3s 9w x 9 eds o seaQsg i» ash aY x #S 11frs sso 'spa bo 6 15 1� _Ffa Sfi B6 $ s fi €5 ao= M a5 - s €^ ao>46 si_ :sv < a5 Ea 6s €W E €rao 9s n N .90'Llfl M.9fAFA05 M� �q hlgnd7'Pa 7louuaQ W'N N L Ez 3�3 a 'h•1S.py4,a°°P � Sil6j q IS m 31�u ! z .Z9'Y£Z13,L0,££AON I - P.l 14-a I P.;md n °g. - roaY s ab,H Maw o I 8 S Q I I = C18 - A C. Landscape Plan(dated: 04/30/2024) 0 J �� mow w Oz fist O Al a � ash-paxiw aaowiada W Eaafo,d ? w g 13S 07%00L 1 -a•.-' I' r i m Ip ee+p+p�Eppp'gp� ��yqYq 9�� W pq�(y y E g§g�� I W 1e303e1EED clot o Ile e �1 �MQ lgg! Lj s . p ell�69Q ° ��� ilE°E -Q =, ----- 92i N�LLSfI w Page 5 D. Noise Abatement Berm/Wall Details&Cross-section 0 z 0 w< N zz"'m w Joz -wo Z QO Qw �� 3z— � II== II I a a�—III b II—III—II �� IIIIIIIIIIIIIIilllll - � Iw -II } lad¢ = III o _� I" Nallll W �? M U i�i 0 Of 'a "�m IIII11 1 11IIIIIIIIII U 0 —III—III—I — I—III—III o — IIIIIIIIIIIIIIIIIII � III—III—III - - IIII III—II II1—III—III o J IIIIIII—III—III Z III III �< o IIIII III III 1111111111 a m< —III—I o IIlI111111iIII��IIII � �� IIII "1=ado=11 Ill�o I=Now � oN III" I �¢F p a. CVO oNval'Nvlalaaw —�+ LI.IOF{K</(ajul.A S1N3W3AOadVT a � r e s Ib 40 E)S11y13O S ���¢B � �3. {€ _•g /�€� ��. �p,���pgp.:n�3: j It I All s M4§§44sss r �•kY§�:"` I II II,_�II,I,I,II IIII,II I lIL III I` �� z ���bb SR Y•>; t 45Y { +453p•"} C� � __ILA_ _ $ � e 99 ••�b I � I 3 i 8 •sss.•s.s.. Ila. ��� � �d'm F� �g e � 06_� c �• �€ �'4 ' r *— - Aee p�9 n� 9Q w P m Ell � E € gill Z e � SIR ce m n I I F €a Page 7 oa+ral'NVIalaaw 11�0�-J<((/�a�l.Ur slNawanoadwl $ too " t (S JO d 311d0lld 17 8 NVId 31MAO 9NIAVd e" l I n€ ©90®a0® aQa44Q04o0 p aO'E]133H53353NI1H�1 E � CLL E III I i�'��nna 0 G Gy' ®p�e�r IItlfi54 II�Yb�i� � �N � 14 6a3g� � I = a� Ile { o®oo� ® ® II III I ' II I II IAVS way ioa s i` ,I ;x IT II — II II lu y jll I c Er�l� ia'a' B��,s�Se or�Val'rlvlala3w 1�J0�J<((/�ajllll� SIUMAoadwl (S do J,)3 ldO'dd '8 NV ld 3LSddO DNIAW e ey{ n�. ,••0 9�.r� - • a.Yoa �^�ems^ "m � ^ 4111d 11 •c �IN t -a l I I q rr ffi ' � 3 p �g y, gg 444 I fff I , I I , I Nag IF I?�y5 sW III R @ 8 ii Os sh pan RR ' �v� a, 1041 Mu � _ � � � � � �9i ��� eye• F;'�' r$�S 'I � ����nE 4� m g b � � �E »'S�133H53353NI1H�IVNY Iv R A �E�1��fG 3 aEoF�p$5J$�B4tli a VQ�JaQaaQ Q !� \/ II c IN 5- I I I` Page 9 E. Private Street ujoH«<Aojw OHtl01'NVIORi3W �oq 3EW-11IA LLONUMION n o 1191HX3 3WVN 133N1S 31VAINd - IM� -------------- OR 1 e 11111111111111 1-1111H 11111111111111111111 LWlIJJIIII�III�IIIIIfIIIIIIIIIIIIILW111WIIIIIII�IIIIIf" -_ __ �,__ °^'�'°�� _ _ _� 4 OHtldl'NtlI01k13W ll.lU}{(K/�ajLll.A L3SVHd 3OYnIALLOINHW4 W rIV134 a- An §IF u' k B BB 8 as;R! S Fa US gg @ g�g� Na �a e g 4 � � gpy�py g 4 € ry �p>'•d � B �I@ p 9a w� p g4g °�SBoE�QAE9 &�d@@$ 3 ��aa o 5 � � @�� o Note: Detail#2 depicted as"alley" should be private street(no alleys are approved). Page 11 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. The Applicant shall comply with all previous conditions of approval associated with H-2022- 0056(McDermott Village—AZ, CUP,PP,VAR), including the provisions in the Development Agreement(Inst. #2023-019413), 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 December 20,2024),in accord with UDC 11-613-7,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 Idaho Survey Group,LLC, dated: 06/14/2024, included in Section V.B shall be revised as follows: a. Note#9: Include the recorded instrument number of the CC&R's. b. Note#14: Include the recorded instrument number of the ACHD permanent easement. c. Note#15: Include the recorded instrument number of the Eight Mile Lateral easement. d. Note#19: Include the recorded instrument number of the cross-access easement. e. If the 10-foot wide multi-use pathway along N. Alameda Creek Ave. adjacent to future SH- 16 is located outside of the public right-of-way, graphically depict a 14-foot wide public use easement for the pathway and include the recorded instrument number of the easement. f. Depict common lot(s)for the proposed private streets that provides access to all properties served by such private streets, in accord with UDC 11-317 4A.1. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Pivot North Architecture, dated 4/30/2024, included in Section V.C, shall be revised as follows: a. Depict landscaping within street buffers in accord with the standards listed in UDC 11-3B- 7C.3.See standards for specific requirements. b. Depict landscaping along all pathways as set forth in UDC 11-3B-12C; include a calculations table that demonstrates compliance. See standards for specific requirements. c. Include tree classifications and size of trees and shrubs in the plant legend in accord with the minimum standards listed in UDC Table 11-313-5-2 and 11-313-7C.3. A copy of the revised plan shall be submitted with the final plat for City Engineer signature. 6. Noise mitigation shall be provided within the street buffer along future SH-16 in accord with the standards listed in UDC 11-3H-4D for residential uses adjoining a state highway. The wall shall be staggered every 300 linear feet as proposed. Prior to signature on the final plat,the Applicant shall submit manufacturer specifications demonstrating the wall is of a sound attenuating material appropriate adjacent to a state highway.A colored detail of the wall shall also be provided that demonstrates an aesthetic quality appropriate next to a state highway. 7. The proposed private streets are tentatively approved. The Applicant shall have one(1)year (by 9/4/25)to complete the tasks listed in UDC 11-3F-3B.Upon completion of these tasks, the Director shall issue a letter stating that the private street has been approved.No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 8. All private streets shall be posted as fire lanes with no parking allowed. In addition,if a curb exists next to the drive aisle, it shall be painted red in accord with UDC 11-3F-4B.2d. 9. All private streets shall have a travel lane width of 26-feet and shall comply with the design and construction standards listed in UDC 11-3F-4. 10. Alleys are not approved with this application; all access drives within the multi-family portion of the development in Lot 1,Block 2 shall be constructed as private streets. 11. A 14-foot wide public use easement shall be submitted to the Planning Dept. for the 10-foot wide multi-use pathway located within the street buffers along N. Alameda Creek Ave. adjacent to SH- 16 if the pathway is located outside the adjacent right-of-way prior to submittal of the final plat for City Engineer signature. 12. The subject final plat shall be recorded prior to issuance of building permits for any structures within this development per requirement of the development agreement. 13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works https:llweblink.meridiancioy.orkIWebLinkIDocView.aspx?id=357362&dbid=0&repo=MeridianC C. Department of Environmental Quality(DEQ) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=359200&dbid=0&repo=MeridianC hty F. Idaho Transportation Department(ITD) https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=360549&dbid=0&repo=MeridianC Lty VII. PRIVATE STREET FINDINGS: In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The Director finds the design of the proposed private streets comply with the standards listed in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity; and The Director does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B. Page 13 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director finds the use and location of the private streets within the multi family development does not conflict with the Comprehensive Plan and/or the regional transportation plan. 4. The proposed residential development(if applicable)is a mew or gated development. This finding is not applicable as the proposed private streets are for a multi family development. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Pebblebrook Subdivision (FP-2024-0014) by Hayden Homes, LLC., located at 5725 N. Meridian Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 8/27/2024 ORDER APPROVAL DATE: 9/10/2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 52 BUILDING ) CASE NO. FP-2024-0014 LOTS AND 6 COMMON LOTS ON ) 13.94 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT PEBBLEBROOK SUBDIVISION. ) BY: ERICKSON CIVIL ) APPLICANT ) This matter coming before the City Council on August 27, 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 PEBBLEBROOK SUBDIVISION, LOCATED IN THE NE 1/4 OF SECTION 25, TOWNSHIP T.4N., RANGE R.1W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 6/27/2024,by Clint Hansen, PLS, SHEET I OF 3,"is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 1 of 11 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 27, 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(PROJECT NAME—FP-2024-0014) Page 2 of I I 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. 10th By action of the City Council at its regular meeting held on the day of September , 2024. By: Robert E. Simison 9-10-2024 Mayor, City of Meridian Attest: Chris Johnson 9-10-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-10-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 3 of I I COMMUNITY DEVELOPMENT DEPARTMENT WE IDIAt4,- 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 _----_ _z___ 208-884-5533 SUBJECT: Pebblebrook Subdivision 1 Wa FP-2024-0014 IBM OR LOCATION: The site is located at 5725 N. Meridian - Road in the NE 1/4 of Section 25 TAN. R.1 W. (Parcels#SO425142030& SO425141990) �r rr1' 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 4 of 11 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,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 06/27/24) \ --C.—...LE..... S IB..... \ Ai LI IIIAT sOI6E MEw.ow OVMTY.eVA.RP H R•W '._�: J — • we '—._—IFs-. .,. ,a,. - _ •}'rye - -' _ __ _-_--li�_� J "0 6' - - 3.1;47 Sta,dal4 L—al Skwt •;:• k'i.1,:^. JJ - . MIA .... T.. .. �_ f .__ o ....... j Keyed 401ft H McY6an Ftd WltlBnYg .. rwrnrar— — •,,••• PaYcelA tldndBd - Y-ItyM-P ...,.....�........�..,e.�'...w .. . .. •� ..,,,.�,w.. ,...........� �.. PPA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 5 of 11 B. Final Plat(dated: 06/27/24) PEEBLEBROOK SUBDIVISION oa PAGE LOCATED IN THE NE IM OF SECTION 25,TOWNSHIP d NORTH,RANGE 1 WEST,B-M CITY OF MERIDIAN.ADA COUNTY,IDAHO LEGEND 2624 0 f! QD y ,yam LO.iOW Y i1 - irt.xttx� �� Y •i ILIlAI[n -_.- a Y � M • ..... �AffYM I�[A:IIurtL �IT��'db � �a �^y '� :res��r � � ....... norc�Y�.rs•u 1JJ{{{ C!ram D ' p v ter. r .r..... � � r aar�rYr Ia v mrYt out rrxy i� � w ur rwyr u rr wrn u w+ rem lIf NOTES ..<�n����� w uIYI AYt ra YAaI orr w•s .YN1C DfTNL u m rr uro-re DCTNL D a<xa i.,.x ari.�xxr xx,w i�xwax..w au xiix.n � N v IY/.!iN11Yt� of i[ x.a ip r.x ar..ra.arxx�iy war�a.arxxraw..i...ix n ir.ar N xr1!f�Yt et[Y�I bi �a t•� � �� i•-�avrs axi�arx•�n�m�aorwrxr�m ww�rn p aV NI wVP l,Yn[ n.Y tY w/at/ 1VP wV.1 W . .. Y.M iW .JIM iRYI M!! Y.M f11.Y flf MYYI R1 manor ursrr 4 iV w aYV sY i1 N/ YwfVh � yM1M�Ni1 A w r mr a.YYY�/ tw war ww YYr w.Lr Yw 1 DETAIL c DETAIL b e! .V .Yo•�Ve W Ial lIL vV aVY amR xV .. - x»xa yy 1w wIM VpM1 4Y tx Mx hIF#r6Y11f hM e�� •.. .��.xasx.w.xi sawn mY wV.S YYP�% Cf aY rY aVY MVel YV GI W wr awYY IafYt altl . .....r.,xir YM IY! IIN/f'aV` Va! lR1f YM YNJf VIl1Y[YN vl.tx arar w aY Ys mV f�.e M[ Y at Ys aIV�R Y .rarer... uxae YV YY YVY YMVa YX aV wY• �([d 4blutions _ Aff fY IIM YM[%Y SIO fNY IYC YMII\ YI r av sr ay r s v YAy��W � LBM$4NG ying PIq Cpngulling a ®..rannar...�rw.�.r�r,.ar.�aax.ram.a»rrxn aa..r SUAVEY1DFZ9NRRRATWE F :tb:ab�oau .Xq�xn ""' S11CCi 1 Cif 7 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 6 of 11 C. Landscape Plan(dated: 07/08/2024) WEER tRW '^r � �wluanN Yi rn uo w OVERALL LANnEAPE PLAN csa. �s rw t ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 7 of 11 ✓,.DSOAPE Pt M-AREA ONE L1.1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 8 of 11 i I I KEYNV MAP EE I yyl"ll� LANDSr&M PLAN ARMTWO ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 9 of 11 �.L.y NEY MAP orcxeiwr_o uuPrt uer�e_�.� RI 1 ®�= FR LAN ESCAPE PLAN-AREA THREE wiau.c.va xt. u c U.3 k 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 4t1i, 2026), in accord with UDC 11-613-7, 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 Rodney Evans and Partners, dated 07/08/2024, included in Section V.C, shall be revised as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 10 of 11 a. Provide a fencing exhibit to show the different types of fencing abutting pathways and common open space lots. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(PROJECT NAME—FP-2024-0014) Page 11 of 11 w IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for McKay Farm Subdivision (TECC-2024-0001) by Sam Johnson, Scentsy, Inc., located at 5875 S. Eagle Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 27, 2024 ORDER APPROVAL DATE: SEPTEMBER 10, 2024 IN THE MATTER OF THE ) REQUEST FOR A TWO (2)YEAR ) TIME EXTENSION ON THE ) CASE NO. TECC-2024-0001 PRELIMINARY PLAT FOR ) MCKAY FARM SUBDIVISION IN ) ORDER OF CONDITIONAL ORDER TO OBTAIN THE CITY ) APPROVAL OF TIME EXTENSION ENGINEER'S SIGNATURE ON ) THE FINAL PLAT,LOCATED IN ) THE NE 1/4 OF SE 1/4 OF SECTION ) 32, T.3N., R.IE, MERIDIAN,IDAHO ) BY: SAM JOHNSON ) APPLICANT This matter coming on regularly before the City Council on September 10, 2024,upon the Applicant's submittal of a preliminary plat time extension application for a two (2) year extension within which to obtain the City Engineer's signature on a final plat for McKay Farm Subdivision, which preliminary plat was originally approved on June 23, 2020, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension TED-2022-0002 for two (2) years was previously approved for this subdivision by the Planning Director on June 1, 2022 and would have otherwise expired on June 23, 2024. IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time,until June 23, 2026, within which to obtain the City Engineer's signature on the ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR MCKAY FARM SUBDIVISION(TECC-2024-0001) Page 1 of 2 final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of August 27, 2024 incorporated by reference. Attached: Staff Report for the hearing date of August 27, 2024. By the action of the City Council at its regular meeting on the 10th day of September ' 2024. DATED this 10th day of September 2024 Mayor Robert E. Simison Attest: Chris Johnson, City Clerk Copy served upon the Applicant,Planning Division,Public Works Department,and City Attorney. 9-10-2024 BY: Dated: ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR MCKAY FARM SUBDIVISION(TECC-2024-0001) Page 2 of 2 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. B. City Council: The Meridian City Council heard this item on August 27 2024. At the public hearing,the Council moved to approve the subject TECC request. I. Summary of the City Council public hearing: a. In favor: Sam Johnson, Scentsy,Inc. b. In opposition: None c. Commenting: Brian Pinter d. Written testimony:None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Denial of access to their property for construction of the approved preliminary plat. b. Ensuring property owner is required to meet the current open space requirements. Page 3 3. Key issue(s)of discussion by City Council: a. No concerns with the extension request but wanted to work with staff to figure out how to avoid such issues expressed by the applicant in the future when it comes to infrastructure. 4. City Council change(s)to Staff recommendation: a. None Page 4 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 5 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 6 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 7 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 Block 1 6344 0.12 Lot 7 Block 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 8 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 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Firenze Plaza (H-2024-0007) by Aaron Zuzack, Browman Development Company, Inc., located at 3182 E. Mount Etna Dr. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Conditional Use Permit(CUP) and modification of the existing Development Agreement(MDA),by Aaron Zuzack,Browman Development Company,Inc. Case No(s).H-2024-0007 For the City Council Hearing Date of: August 27,2024 (Findings on September 10,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 27,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 27,2024,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 27, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 27, 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 § I 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 27,2024,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FIRENZE PLAZA CUP MDA H-2024-0007) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a CUP and MDA is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 27,2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-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). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FIRENZE PLAZA CUP MDA H-2024-0007) -2- Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 27,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FIRENZE PLAZA CUP MDA H-2024-0007) -3- By action of the City Council at its regular meeting held on the 10th day of September 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 9-10-2024 Attest: Chris Johnson 9-10-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 9-10-2024 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FIRENZE PLAZA CUP MDA H-2024-0007) -4- Exhibit A STAFF REPORTC�,WEIIDIAN -- 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 ■�. IIIIb �����I'llllll Illrllll-= 1■1111- .�■E■� 111{ - nnl nm �1 ui ini ini ENI.11111r—� i unn non uu nn�pIJ IIIP .■t...r 11111 _�� nuuinm uu %_ - -- �_■111111111� :::■Illrmrl" �fP■r/1111 ■-r- :'�.�■' _uuuwul : :�■ nq.a_t��L-� NFdD un■�f��jld�ri±fllll un11111111`L��� ■ 1 �11 ��Ijr��y �Q Iiiil J• \\. • - • I � ��r►4V1+t nwi = 71 • r 5`s1IJ� it►� �i��I nLn1 (�IIlona=_� - e �-AN�I�TYA■■■■ f ,. ■■■■■■■■■� --t . �IIIIIIIIIIIIIIIIIIP=_ �■ ale_puuuu y 1 Illlllm �` 1111► ............. . NIIIIIIIII I�Ir1,�\ �1111 IIIIrI - 111�� fl -IInn11 �R A � 1 11/1I�I�-■I� �:1��_!"ti.�I,:Nrr�r1 - �nil•Tier•��_ ea'_U�'[:iFuaY7[1�_■�— Legend A ■■■■■■I. 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 C. The Meridian Citv Council heard these items on August 27.2024.At the public hearing.the Council moved to approve the subject Conditional Use Permit and Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Applicant.Aaron Zuzack,Tamara Thompson b. In opposition: None c. Commenting: Romeo Gervais d. Written testimony:None other than those written for the Planning and Zoning Commission public hearing. e. Staff presenting application: Linda Ritter.Associate Planner f. Other Staff commentingon application: None 2. Key issue(s)of public testimony: a. Tyne of business being proposed for the property 3. Kev issue(s)of discussion by City Council: a. Circulation,pedestrian focus, development and the proposed concept plan for the type of business being proposed 4. City Council change(s)to Commission recommendation. a. Council modified DA provision Page 10 VIII. EXHIBITS A. Existing Site Plan (5/26/2016) I; r � I r uric 1 -- - :.,- - ©©PMiWMV Put-ML DOO DOM A OMoW GOFAMMM sae P]am E aM11rM o - aim •'F V r 8 't� m .m.�.. �• ._.... _,_.. :-:•ate - PP1.02 Page 11 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) LoUNwu NOT APPROVEDDp ......... ... ...... . ... ... ....... ... E F= O C1.00 Page 12 L TH, ILA M.,OP Zr .. .......... 'Wrr" E D Sile Plan E in M7- -7 C2.00 Page 13 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 14 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 15 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 16 G. Proposed Conditional Use Permit Landscape Plan (3/01/2024) nnm saEouE__ _ — lMel Nvha s _.v_ � �eE q-� is 0 if $ L2'00 Page 17 H. Building Elevations Concept A (l1/30/2023) 134 Er -------- Puoel0 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 19 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-ef 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 20 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. Council finds the site is large enough to accommodate the proposed use (i.e 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. Council 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. Council 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 21 Council 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. Council 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. Council 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. Council 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) Council 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 22 w IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Vanguard Village H-2023-0072) Between City of Meridian and Endurance Holdings, LLC (Owner), Challenger Development, Inc. (Developer), and Ten Mile West Commercial, LLC (Owner/Developer) for Property Generally Located 1/4 Mile South of W. Franklin Rd. and West of S. Ten Mile Rd. ADA COUNTY RECORDER Trent Tripple 2024-050341 BOISE IDAHO Pgs=23 ANGIE STEELE 09/11/2024 09:16 AM CITY OF MERIDIAN, IDAHO NO FEE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Endurance Holdings, LLC, Owner 3. Challenger Development, Inc.,Developer 4. Ten Mile West Commercial, LLC, Owner/Developer THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is dated this 10th day of September , 2024, ("FIRST AMENDMENT"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642; and Endurance Holdings,LLC ("OWNER"), whose address is 1977 W. Overland Rd., Meridian, Idaho 83642; and Challenger Development,Inc. ("DEVELOPER"), whose address is 1977 W. Overland Rd., Meridian, Idaho 83642; and Ten Mile West Commercial, LLC ("OWNER/DEVELOPER"), whose address is 1144 S. Silverstone Way, Suite 500, Meridian, Idaho 83642. RECITALS A. OWNER/DEVELOPER have submitted an application for a Modification to the existing Development Agreement recorded May 25, 2022 as Instrument#2022-049799 in Ada County Records. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded May 25, 2022 as Instrument#2022-049799, except as expressly amended as follows: A new Section 4.3 shall be added as follows: 4.3 Notwithstanding anything in the UDC or this Agreement to the contrary, Warehouse, including distribution, and Flex Space uses shall not be permitted in that portion of the property zoned M-E and designated"Warehouse &Flex Space use Not Allowed" as shown on the map and described in the associated legal description/exhibit map in Section VI.B of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A" and the provisions contained herein. Section 5.1(a) is modified as follows: Development of the subject property shall be generally consistent with the site plan, qualified open space exhibit, site amenity exhibit, pedestrian circulation plan, preliminary plat,phasing plan, landscape plan, and conceptual building elevations s b.mit4e with the arm contained hefei in the Development Agreement. An updated phasing plan for the development is included in Section VI.A of the Staff Report attached to the Finding FIRST AMENDMENT TO DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION H-2023-0074 Page 1 of 5 Fact and Conclusions of Law attached hereto as Exhibit"A" and the provisions contained herein and by this reference incorporated herein as if set forth in full. Section 5.1(b) is modified as follows: All future development, site design and building design shall comply with the guidelines in the Ten Mile Interchange Specific Area Plan (TMISAP) and the standards in the Architectural Standards Manual (ASM), as applicable unless otherwise modified herein. The City Council approved alternatives to the design guidelines in the TMISAP consisting of lower roof pitches of 2:12 for the community clubhouse amenity buildings and 3:12 for the townhome garages to allow larger windows with lower sills at the second level, and front patios with railings that frame off the entrances that are covered by the above balconies instead of front stoops due to concerns pertaining to compliance with ADA requirements. Section 5.1(i) is modified as follows: Development in the M-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for Mixed Employment(ME) designated areas except for the M-E zoned area where warehouse, including distribution, and light industry, including manufacturing,uses are proposed as shown on the map and described in the associated legal description/exhibit map included in Section VI.0 of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A" and the provisions contained herein. In that area, a minimum of 8%windows on the frontage and a single plane wall maximum distance of 150' without building modulation will be allowed as shown on the exhibits in Section VI.0 of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A" and the provisions contained herein, instead of 20% windows and a single plane wall maximum equal to the building height without building modulation shown as examples on the transect on pp. 3-50 in the TMISAP. Only the building fakes shown in red on the exhibit will be considered frontage. Section 5.1(1) is modified as follows: Design elements shall be provided within the overall development as required in the Application of the Design Elements matrix on pp. 3-49 of the TMISAP, except as otherwise allowed herein. Section 5.1(m) is modified as follows: The s*eet pr-epei4y shall be siibdivided prior-to submit4a! of any Cei4ifieate of Zoning romplia e ., plieation(s) ands r-building,.v,.,, it ., plieatio,, The Applicant may submit-a Design Review, Certificate of Zoning Compliance, and building permit application(s)to finalize building design prior to recordation of the final plat(s) for the lot on which a building is located; however, the applicant will not receive the Certificate of Occupancy for any buildings prior to the recordation of the final plat for the lot on which the building is located. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not FIRST AMENDMENT TO DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION H-2023-0074 Page 2 of 5 meet the conditions of this First Amendment and the Ordinances of the City of Meridian as herein provided. 3. This First Amendment shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This First Amendment shall be binding on the Owner/Developer(s) of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 4. If any provision of this First Amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this First Amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This First Amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer(s) and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer(s) and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this First Amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This First Amendment shall be effective upon execution by the Mayor and City Clerk. 7. Except as amended by this First Amendment, all terms of the previous Agreements shall remain in full force and effect. [End of text. Acknowledgements, signatures, and Exhibit A follow.] FIRST AMENDMENT TO DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION H-2023-0074 Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this First Amendment and made it effective as hereinabove provided. OWNER: Endurance Holdings, LLC By: Ore Li Arlvn STATE OF T A(LD )ss. County of_ A-6t A ) On this ;0 13. da of A jAci"4- , 2024,before me,the undersigned,a Notary Public in and for said State, personally appeared_ p�reu �rfiovl ,known or identified to me to be the Men'j'!'wl' of Endurance Holdings,LLC and the person who signed above and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ADAIR KOLTES , �r P �ljc- State of IdahoNotary Public Commission Number30062 My commission expires: '05 �12 [Not Commission Expires 06-05-2028 DEVELOPER: Challenger Development, I By: STATE OF JCIA ss. County of6�A ) i' the undersigned,a N=Public in and for said State, On this�_da�of l.t Inb ,2024,before me,personally appeared Or e U ,known or identified to me to be the �c�e-1'r of Challenger Development,Inc.and the person who signed above and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. IR KOLTES E tary ITu lic- State S Idaho Notary Publicommission Numbe of 052 IdahMy commission expires:ommission Expires 06-05-2028 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT-VANGUARD VILLAGE SUBDIVISION H-2023-0074 Page 4 of 5 OWNERIDEVELOPER: Ten Mile West Commercial, LLC By: BV Executive Management, Inc., an Idaho Corporation Its: Executive Manager By: Tahri Molifua Its: Executive Vice President STATE OF IDAHO ) )ss. County of _ ) On this day of V 2024,before me,the undersigned,a Notary Public in and for said State, personally appeared Tahri Molifila,kn wn or identified to me to be the Executive Vice President of BV Executive Management,Inc.,the Executive Manager of Ten Mile West Commercial,LLC and the person who signed above and acknowledged to me that they executed the same on behalf of said corporation. IN Yr=SS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. j (SEAL) Notary Public ; -A�r r'My commission expires: Ucl Og P Z o LCp Zzs r PUBUG CITY OF MERIDIAN ATTEST: By: 9-10-2024 Mayor Robert E. Simison 9-10-2024 Chris Johnson, City Clerk STATE OF IDAHO ) ss County of Ada ) On thislpth_day of September , 2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same.. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My commission expires: 3-28-2028 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION FT-2023-0074 Page 5 of 5 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E Nty AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement Associated with H-2021-0081 Vanguard Village,Recorded as Inst.#2022-049799,by Adler Industrial. Case No(s). H-2023-0072 For the City Council Hearing Date of: July 9, 2024 (Findings on July 23, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 9, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 9, 2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 9, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 9,2024,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 9,2024,incorporated by reference.The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE MDA H-2023-0072 - 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 modification to the development agreement is hereby approved as requested per the provisions in the Staff Report for the hearing date of July 9,2024, 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 § 67-6521(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. G. Attached: Staff Report for the hearing date of July 9,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE MDA H-2023-0072 -2- By action of the City Council at its regular meeting held on the 23rd day of July 2024. COUNCIL PRESIDENT LUKE CAVENER VOTEDAYE COUNCIL VICE PRESIDENT LIZ STRADER VOTEDAYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) M y r obert . Si ison 7-23-2024 Attest: p ` � SEAL Chris Jolinson 7-23-2024 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: , (�b�D,L�V W�)M _ Dated: 7-23-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE MDA H-2023-0072 -3- STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING July 9,2024 Legend DATE: Project Luca ton Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2023-0072 Vanguard Village—MDA LOCATION: Generally located 1/4 mile south of W. Franklin Rd. and west of S. Ten Mile Rd.,in the center of Section 15, T.3N. R.1 W. a I. PROJECT DESCRIPTION The Applicant has submitted an application for a modification to the existing Development Agreement associated with H-2021-0081,recorded as Inst. #2022-049799.See Section V below for more information. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 115.26 acres overall Existing Zoning R-15,M-E,C-C and H-E Future Land Use Designation Mixed Use—Commercial(MU-COM);Medium High- Density Residential(MHDR);Mixed Employment(ME); High Density Employment(HDE) Existing Land Use(s) Vacant/agricultural land Proposed Land Use(s) Multi-family residential,vertically integrated residential, light industry/warehouse,commercial/retail,research and development and other uses(overall). Physical Features(waterways, The Williams gas pipeline bisects this site hazards,flood plain,hillside) Neighborhood meeting date;#of 11/30/23 attendees: History(previous approvals) AZ-09-008 Meridian Crossing(Ord.#10-1467;DA Inst. #110115738);ROS#7623 (Inst.#106170019 2006);H- 2021-0081 [MDA,RZ,PP,CUP—DA Inst.#2022-049799 (replaced previous DA)] B. Project Area Maps Future Land Use Map Aerial Map ffeegend hAeadz- ig. ffL��egend IPrnje t Laca�an a ns ` J`Prnject Laca�iar a,i...,... Side 1 t • L esidenti -Res - _ T. IV i<ntia l $ 'N hAedium ensityr %esidenti6l + } Zoning Map Planned Development Map Legend _ 'g T Legend 1 - fProje-! Umc nor �Jl- f PrnjL--t Luc o'or. I I C R:15 C-N +_ fi R-1 R- 5 — Pk3nned Pflroe', lM1 M1 R. - RUT ` V-C C-C RR it - - it Note: The boundary of the site shown on the above maps is the entire property subject to the DA; the portion of the property that is the subject of this amended DA is only that at the southwest corner of the site in the M-E zoning district. A. Applicant: Will Goede,Adler Industrial—8665 W. Emerald St., Se. 200,Boise, ID 83704 B. Owners: Ten Mile West Commercial,LLC— 1144 S. Silverstone Way, Ste. 500,Meridian,ID 83642 Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Notification published in newspaper 6/23/2024 Notification mailed to property owners within 300 feet 6/21/2024 Applicant posted public hearing notice on site 6/24/2024 Nextdoor posting 6/17/2024 IV.UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Development Agreement Modification(MDA): The Applicant proposes an amendment to the existing Development Agreement(DA) associated with H-2021-0081,recorded as Inst. #2022-049799, as follows: (Staffs comments in italics) • New DA provision—"4.3:Notwithstanding anything in the UDC or this Ag[eement to the contrary, Warehouse, including distribution, and Flex Space uses shall not be permitted in that portion of the property zoned M-E and designated"Warehouse&Flex Space Use Not Allowed"as shown on the map and described in the associated legal description/exhibit map in Section VI.B of the First Amendment." The inclusion of this restriction on approximately 113 of the M-E(Mixed-Employment) zoned area will ensure the property develops with a mix of employment uses as desired by the City with a limitation on flex and warehouse uses. • Modify DA provision#5.1a, as follows: "Development of the subject property shall be generally consistent with the site plan,qualified open space exhibit, site amenity exhibit, pedestrian circulation plan,preliminary plat,phasing plan, landscape plan and conceptual building elevations submit4ed with the apphea4ieas contained herein in the Development Agreement. An updated phasing plan for the development is included in Section VI.A of the First Amendment and by this reference incorporated herein as if set forth in full." Development priorities have changed, along with property ownership, since the time of the initial approvals; the proposed change will allow development to proceed in an alternate order. • Update the phasing plan—see Section VI.A below for existing vs.proposed phasing plan. The existing phasing plan depicts the following: 1) ]"phase—the southern portion of the R-15 zoned property; 2) 2nd phase—the M-E zoned property; 3) 3.d phase—the northern portion of the R-15 zoned property; 4) 4:h phase—the H-E zoned property; and 5) the C- C zoned property. The proposed plan depicts the following: 1) 1"phase—the M-E zoned property at the southwest corner of the property; 2) 2nd phase—the C-C and H-E zoned property on the eastern portion of the property; and 3) 3.d phase—the R-15 zoned property on the northern portion of the site. • Inclusion of alternative design and development guidelines for the distribution and light manufacturing area(i.e.warehouse/distribution and light industry/manufacturing uses) with the conceptual elevations shown in Section VI.C; and modification to the following DA provisions: o #5.1b: "All future development, site design and building design shall comply with the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP) and the standards in the Architectural Standards Manual(ASM),as applicable unless otherwise modified herein. The City Council approved alternatives to the design guidelines in the TMISAP consisting of lower roof pitches of 2:12 for the community clubhouse amenity buildings and 3:12 for the townhome garages to allow larger windows with lower sills at the second level; and front patios with railings that frame off the entrances that are covered by the above balconies instead of front stoops due to concerns pertaining to compliance with ADA requirements." o #5.1i: "Development in the M-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for Mixed Employment(ME)designated areas except for the M-E zoned area where warehouse,including distribution, and light industry, including manufacturing,uses are proposed as shown on the map and described in the associated legal description/exhibit map included in Section VI.C. In that area, a minimum of 8%windows on the frontage and a single plane wall maximum distance of 150' without building modulation will be allowed as shown on the exhibits in Section VLC instead of 20%windows and a single plane wall maximum equal to the building height without building modulation shown as examples on the transect on pg. 3-50 in the TMISAP. Only the buildingfaces aces shown in red on the exhibit will be considered frontage." The TMISAP has elevated guidelines that apply to development within the TMISAP area. The Architectural Standards Manual(ASH) applies to all properties within the City, with established baseline minimum standards. These are in addition to the elevated guidelines in the Plan. The front/south side of the southernmost building will be highly visible from I-84,the front of the other buildings will be internal to the site and not as visible. Staff is unable to support requests for deviations from the guidelines in the Plan due to conflicts with the lesser ASH standards prior, apart from and prior to the design review process. Commercial ASM standards apply to M-E zoned areas, but the buildings are of an industrial style and may conflict with other citywide ASM standards as well.Action is needed from Council for such requests. If Council approves the proposed deviations to the design guidelines in the Plan, the Applicant will need to include a request for a design standard exception with each commercial standard in the ASM that is not met, with subsequent administrative Design Review applications.Any such related request will likely not comply with the design standards in the ASM. o #5.11: "Design elements shall be provided within the overall development as required in the Application of the Design Elements matrix on pg. 3-49 of the TMISAP, except as otherwise allowed herein." This change allows for the above-noted exceptions if approved by City Council. • Modification to DA provision#5.Lm—"The s„ get property shall be s„L.,l:yide.a Prior-to pplie tion( '. The Applicant may submit a-Design Review, Certificate of Zoning Compliance,and building permit application(s)to finalize building design prior to recordation of the final plat(s) for the lot on which a building is located,however,the applicant will not receive the Certificate of Occupancy for any buildings prior to the recordation of the final plat for the lot on which the building is located." The proposed change will allow development to commence but will still require the plat to be recorded prior to occupancy. V. DECISION A. Staff: Staff recommends approval of the requested modifications to the DA, except for the deviations from the design guidelines in the TMISAP,which require Council approval. B. The Meridian City Council heard these items on July 9,2024. At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Will Goede.Adler Industrial(Applicant) 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. Discussion pertaining to the Applicant's request for alternative design and development guidelines. 4. City Council change(s)to Commission recommendation. a. City Council approved the Applicant's request for alternative design and development guidelines for the western portion of the M-E zoned area shown in the exhibits in Section VI.C. VI.EXHIBITS A. Existing&Proposed Phasing Plan R-15 4 \ .� PROSE IiI � P1-4h8E 5 - vu�Cwu wnv —— i i M-E air ��.•- * R+LtFIa•6H.1.1 Y I.iliifFH MH+aa+i-R�4NH IMiLNM N HL1+-►1 M MRi4R�-F+HRii+ii.� * C:O.Ixw�rrweiicr i r L01 CSAENSIOHS; SHEET C1 2R— SITEPLAN: SHEET Czk �'* - E]G1STING CONC.. SMILE T C3A +� r . 7 PHASE {'i f I L. - LG + - F 01, L L 11 �a'f!lily-FNlftiplNlMyiHlfta 1YRH I+H s"►011 iR R\ f.l.i 1 N•i N 111 +IiRMi!<H RHIiilf{+N#fltLt�il+iflfl Nf NAN It l 111 f NI Aid nl Nil f PHASE R re i LOT DlkiEw rONB: SHEE T Ci1 �`}� L LOT DIMENSIONS- SHEET Cl,a SrrEPLAN. SHEETG2,% L SITFPLAN. SHEET CIA EttISTING CCN@: SHEET C2.1 - - - ��- EMSTINGCONP.: SHEE-rC3.2 4 tF PHASE B r r � wrin+ +rPir 2 I \ n�Iz. �..., f, L L .�..1Merc• +q5-rrw�.:o�r �+l�+w L T � -- -. _ I L S T�'�ri7p as .cte Ya•2,xM1-:yr Iyy R�-lSyy,1}Iw � \ B. Exhibit Depicting Warehouse&Flex Space Use Not Allowed Area and Legal Description/Exhibit Map of that Area Depiction of Warehouse&Flex Space Use Not Allowed Area I� R'SS MEDIUM HIGH CENS17W F SMSNT,AL I r I I � � :� , -`I'U::..,..11-F.'I it k � ; �' I•�� i �717 tL ARK + Il COMM ON5T.%rTSINE9P WAREHOUSE &FLEX SPACE USE NOT -f1 l [7 0.I.,, u—t-io ALLOWED +114 JJ i _ �i..;uiQe is m T. y r'------ -I� rrJ ;' 'fl •J ' III IIG"[5"NST �....-^] LCAP6YldENi C7CR Big / RDURR ExIIIBTT"Cn Project No:240076 TO FIRST AMENDMENT Date:May 21,2024 Page 1of1 LEGAL DESCRIPTION OF WAREHOUSE & FLEX SPACE USE NOT ALLOWED AREA A parcel of land located in the NE1/4 of the 5W1/4 and the NW114 of the SE1}4 of Section 15, Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho, more particularly described as follows: COMMENCING at the center one-quarter corner of Section 15;thence,along the north boundary of said NE1/4 of the SW1f4, A. 5.89014'48"17,,291.84 feet to the POINT OF BEGINNING, thence leaving said north boundary, 1. 5,39'31'08"E.,748.08 feet to the beginning of a non-tangent curve;thence, 2. Southwesterly along said curve to the left having a radius of 1000.00 feet,an arc length of 185.66 feet,through a central angle of 10'38'16",of which the long chord hears 5.71'25'13" ., 185.40 feet;thence,tangent frorn said curve, 3. 5.66Q06'05"W..231.67 feet tc the beginning of a tangent curve:thence, 4. Southwesterly along said curve to the right having a radius of 750.00 feet,an arc length of 70.03 feet,through a central angle of 5'21'01",of which the long chord bears S_68'46'35" .,70.01 Feet;thence,non-tangent from said curve, 5. N.89017'19"W.,299.81 feet;thence, 6. N.W`45'12"E.,755.20 feet;thence, T 5.89'14'48"E.,266.65 feet to the POINT OF BEGINNING. CONTAINING: 8.83 Ac. L LANo E q� 3765 "Ile of xl� 0.10 �- 332 N_Broodmore Woy I nnmpo, D8$ 687 I 208.d42.6300 www.ordurro.com EXHIBIT SKETCH - WAREHOUSE AND FLEX SPACE w m LOCATED IN THE NE114 OF THE SVV14 AND THE NW114 OF THE SE114 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO � 9 11 10 2624 16 10 FRANKLIN ROAD NOO*42'57'E 1328.65' N1116 0 o NOO'43`11`E 1328.61' POINT OF FE 16 15 C1N1l16 BEGINNING SB9'14'48'E 291.84' _Cl E1l16 SW14,36"E S8914'48'E Fi 1322.75' 764-29' N89'14'39"Yf 1321.43' ca S G 0 d, &83 AC T O co C4 _ W M] W F rN � O W rn a r7 2 Z 0] N � � Z I I re)LA CI E z a 13755 uj �N89'14!03"W"1324.16' BASIS OF BEARINGS CS1116 SE1f16 N89'14'03`W 1323.80'willb N89'13'31"w 1323.13' S1116 �} 2100PdVa4YM1f0UJSE FLEX.dnp oc / RDURR1 332 N.BROADMORE WAY rti NAMPA,IDAHO 83687 �J 266442-6304 1 WWWARDURRA_COM C. Distribution&Light Manufacturing Area Design Guidelines&Legal Description/Exhibit Map of that Area EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES DISTRIBUTION&LIGNT MANUFACTURING AREA In the Distritlution&Light Manufacturing Area,only the building faces shown in red will be considered frontage. These frontages will meet the majority of the TMISAP frontage requirements, however a variance is requested for the following two requirements(ref TMISAP page 3-50): TMISAP REQUIREMENT PROPOSED Were—concept renderings) -20%windows -8%w0dows -Single plane wall max distance=building height -Single plane wall max distance 150' = I EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES ._ .r 8%Windows on Frontage Single plane max wall distance=150' i EXHIBIT E - DISTRIBUTION & LIGHT MANUFACTURING AREA DESIGN GUIDELINES `y 4. SIPNAGE WIN �d ■ ■■ i �! �.■ ■ if. EXHIBIT DISTRIBUTION ■ ■ • • LIGHT MANUFACTURING 1 AREA DESIGN GUIDELINES 1 r� //�/ ARDURRA Project No:240076 EXIIIBIT"F" Date:May 21,2024 TO FIRST AMENDMENT Page 1 of 1 LEGAL DESCRIPTION OF DISTRIBUTION AND LAND MANUFACTURING AREA A parcel of land located in the NE1/4 of the SW114 of Section 15,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the center west one-sixteenth corner of Section 15; thence,along the west boundary of said NE114of the SW1{4, A. 5,00440'02"K.231A5 feet to the POINTOF BEGINNING,thence leaving said boundary, 1. 5.89014'48"E.,763.91 feet,thence, 2. 5.00°45'12"K,959.44 feet;thence, 3. N.81°25'39"W.,352.27 feet;thence, 4. N.85"10'48"W., 150.33 feet;thence, 5. NA1°21'31'Ild.,266L5 feet to the west boundary of said N Elf4 of the SW1{4;thence,along said boundary, 6. N.00°39'32"E.,864.35 feet to the POINT OF BEGINNING. CONTAINING: 15.97 Ac. pl LA�'U 4 0=Mp1 - 332N.BroodmoreWay I NC3MPrla83687 I 208.d42.6300 I WWW.0rdurr0.c0m EXHIBIT SKETCH — DISTRIBUTION & LIGHT MANUFACTURING U5 LOCATED IN THE NE114 OF THE SW14 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDA[10 2024 $ 10 16 1� FRANKLi1,F ROAD EN80'42'57"E 1328.65` o ❑ 104' 200' 4007 0 N00'43'11'E 1328.61' BASIS OF BEARINGS a 16 15 CW1}� 589'14'48-E 1322.78' C11 a 589'14'36"E 1322-75'FE — — 5 o o c+ ui POINT OF BEGINNING N 4 ti O �I _41 SfJ I LL Cl co � c 7 15_B7 AC t' a Cl La d 50 0;Y!,� //yyo-`iFAkYY'4 N raur nn r 2 � S1116 t SW 111 fi r,�ao�rwa��ue.� imrts .a: :> — N89'1 d'fl3"w 1324.1b' ARDURRA a 332 N.BROADMORE WAY - NAMPA.IDAHO 83687 208-412-6300 I WNWARDURRA_COM E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Agreement for Supplies and succeeding PO to Dubois Chemicals, Inc. for Sodium Hypochlorite (12.5%) FY2025 for the Not-To-Exceed Price Per Gallon of$4.52 (::� WE N DIAN:--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: September 10, 2024 Presenter: Consent Estimated Time: 5-10 Min. Topic: Approval of Agreement for Supplies and succeeding PO to Dubois Chemicals, Inc. for Sodium Hypochlorite (12.5%) FY2025 for the Not-To-Exceed Price Per Gallon of $4.52 Recommended Council Action: Approval of Agreement for Supplies and succeeding PO to Dubois Chemicals, Inc. for Sodium Hypochlorite (12.5%) FY2025 for the Not-To-Exceed Price Per Gallon of$4.52. Background: • This Agreement for Supplies is the result of Formal Bid# WTR-2428-11443 as one (1) bid was received. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 8/27/2024 REQUESTING DEPARTMENT Water Wastewater Project Name: Sodium Hypochlorite(12.5%)FY2025 Project Manager: Dennis Teller Contract Amount: Price Per Gallon $4.52/$677,999.99 Contractor/Consultant/Design Engineer: Dubois Chemicals Is this a change order? yes ❑ No 0 Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 62 Budget Available(Purchasing attach report): Department 3430/3510 Yes 0 No 0 Construction ❑ GL Account 52015 FY Budget: FY 25 Task Order ❑ Project Number: 11443 Enhancement: Yes ❑ No 0 Professional Service ❑ Supplies or Equipment 0 Will the project cross fiscal years? Yes❑ No P1 Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes E] No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 8/13/2024 7 day protest period ends: August 20,2024 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Active Insurance Certificates Received(Date): 8/20/2024 Expiration Date: 10/1/2024 Rating: A Payment and Performance Bonds Received(Date): N/A Rating: N/A Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: August 27,2024 Approval Date September 10,2024 By: City Council Purchase Order NO.: TBD Date Issued: TBD WHS submitted TBD (Only for PW Construction Projects) NTP Date: TBD Contract Request Checklist.5.24.2016.Final AGREEMENT FOR THE SUPPLY OF SODIUM HYPOCHLORITE (12.5%) FY2025 PROJECT# 11443 THIS AGREEMENT FOR SUPPLIES PROCUREMENT is made this 13th Day of August, 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, Dubois Chemicals, Inc., hereinafter referred to as "Supplier", whose business address is 3630 E. Kemper Rd., Sharonville, OH 45241. INTRODUCTION WHEREAS, the City has a need for Sodium Hypochlorite (12.5%) FY2025 per established specifications; and WHEREAS, the Supplier is specially trained, experienced and competent to provide/supply and has agreed to supply such chemical; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment/ Supply Specifications & Requirements: 1.1 Supplier shall supply the equipment, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Invitation to Bid titled "Sodium Hypochlorite (12.5%) FY2025" and suppliers bid dated by which by this reference are incorporated herein, together with all addendums issued. 1.2 The Supplier shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The Supplier represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Sodium Hypochlorite (12.5%) FY2025 Page 1 of 14 Project# 11443 2. Consideration 2.1 The Supplier shall be compensated on a fixed price basis as provided in Exhibit B "Agreement Pricing Schedule" hereto and by reference made a part hereof, for the Not-To-Exceed Price Per Gallon amount of$4.52. 2.2 The Supplier shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 2.4 Price per gallon is fixed and agreed firm for the entire first year of FY2025 including any subsequent years thereafter. Any proposed pricing modification to Exhibit B "Agreement Pricing Schedule" will not be more than up to two (2) percent allowable once annually and must be documented and approved in writing in the form of an executed amendment(s) or change order(s) if mutually agreeable by both parties. In the event both parties cannot agree on a pricing modification per the foregoing sentence, then either party may terminate this Agreement upon thirty (30) days' prior written notice to the non-terminating party without further liability to either party. 3. Invoices Invoices shall be rendered in duplicate and shall include: (1) Purchase Order number; (2) pricing; (3) quantity; (4) description; (5) any sales taxes or use taxes as separate items, giving permit number authorizing collection of use taxes; (6) point of shipment; (7) method and class of shipment; (8) complete routing of shipment; and (9) whether transportation expense has been prepaid. Seller/Contractor/Contractor agrees to make a separate invoice for each order and shipment. Unless otherwise expressly provided in the Sodium Hypochlorite (12.5%) FY2025 Page 2 of 14 Project# 11443 Purchase Order, all taxes, duties, tolls, fees, import charges, or other governmental exactions shall be deemed included in the purchase price of the supplies and services and the City shall have no liability to pay Seller/Contractor/Contractor or any third party any amount in excess of the specified purchase price. City of Meridian, a local governmental entity of the State of Idaho, is exempt from any Federal Manufacturer's Excise Tax under the provision of Section 4221(a)(4) of the Internal Revenue Code. All invoices shall exclude such excise tax. All invoices shall be sent to the following address: City of Meridian, Accounts Payable, 33. East Broadway Ave., Meridian, Idaho 83642. 4. Term: 4.1 This Agreement shall become effective upon execution by both parties, and shall expire upon on September 30, 2025 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibits A or B. 4.2 The City reserves the right to extend the Agreement up to four (4) additional one-year periods. Any and all extensions must be documented and approved in writing in the form of an executed amendment(s) if mutually agreeable by both parties. 4.3 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. 4.4 Should City fail to pay Supplier all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Supplier at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 5. Termination: If, through any cause, Supplier, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving written notice to Supplier of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Sodium Hypochlorite (12.5%) FY2025 Page 3 of 14 Project# 11443 Notwithstanding the above, Supplier shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Supplier, and the City may withhold any payments to Supplier for the purposes of set-off until such time as the exact amount of damages due the City from Supplier is determined. This provision shall survive the termination of this agreement and shall not relieve Supplier of its liability to the City for damages. 6. Independent Supplier: 6.1 In all matters pertaining to this agreement, Supplier shall be acting as an independent Supplier, and neither Supplier nor any officer, employee or agent of Supplier will be deemed an employee of City. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. 6.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Suppliers and not as employees of the City. 6.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 7. Indemnification and Insurance: a. Supplier shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of or resulting from Supplier's or Supplier's servants, agents, officers, employees, guests, and/or business invitees: (i) negligence and/or more culpable conduct; and (ii) Supplier's breach of its obligations under this Agreement to the extent not caused by or arising out of the tortuous conduct of City or its employees. Supplier shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, General and Automobile Sodium Hypochlorite (12.5%) FY2025 Page 4 of 14 Project# 11443 Liability Insurance, in which the City shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Supplier covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, caused in whole or in part by, the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or subSuppliers and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Supplier shall provide City with a Certificate of Insurance, evidencing Supplier's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Supplier begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Supplier shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 7.2 Any deductibles, self-insured retention, or named insureds must be declared in writing. 7.3 To the extent of the indemnity in this contract, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. b. The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 7.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. Sodium Hypochlorite (12.5%) FY2025 Page 5 of 14 Project# 11443 7.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subSuppliers. 7.6 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 8. Bonds: Payment, Warranty and Performance Bonds are not required. 9. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for two (2) years against defects in workmanship and materials from the notice of acceptance. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY: SUPPLIER: City of Meridian Dubois Chemicals, Inc. Procurement Manager Attn: Bradley K. Marsh / Ryan Binder 33 E Broadway Ave. 3630 E. Kemper Rd. Meridian, ID 83642 Sharonville, OH 45241 Ph. (208)-489-0417 Phone: 800-438-2647 / 208-477-8751 Email: Bradley.Marsh@duboischemicals.com Ryan.Binder@duboischemicals.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 12. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Sodium Hypochlorite (12.5%) FY2025 Page 6 of 14 Project# 11443 13. Assignment: It is expressly agreed and understood by the parties hereto, that Supplier shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. 14. Discrimination Prohibited: In performing the Work required herein, Supplier shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 15.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: Subject to applicable laws respecting the protection of privacy and the City's requirement to comply with the Idaho Public Records Act, at any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Supplier's records with respect to all matters covered by this Agreement. Supplier shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 17. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Sodium Hypochlorite (12.5%) FY2025 Page 7 of 14 Project# 11443 18. Compliance with Laws: In performing the scope of work required hereunder, Supplier shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Certifications. Pursuant to Idaho Code§§67-2359 and 67-2346, Supplier hereby certifies: A. That Supplier is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. B. That Supplier is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. 19. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Supplier's compensation, which are mutually agreed upon by and between the City and Supplier, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. Sodium Hypochlorite (12.5%) FY2025 Page 8 of 14 Project# 11443 24. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: DUBOIS CHEMICALS, INC.: 51-wae� k Ma,-sh BY: BY:Bradley K.Mars (Aug 19,202413:15 PDT) KEITH WATTS, Procurement Manger BRADLEY K. MARSH, Vice President DATED: 9-10-2024 DATED: 08/19/2024 Project Manager Dennis Teller Sodium Hypochlorite (12.5%) FY2025 Page 9 of 14 Project# 11443 EXHIBIT A SPECIFICATIONS / SCOPE OF WORK REFER TO INVITATION TO BID (WTR-2428-11443) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS INCLUDED IN THE INVITATION TO BID PACKAGE (WTR-2428-11443), ARE BY THIS REFERENCE MADE A PART HEREOF. Agreement Requirements: Provide and Deliver liquid Sodium Hypochlorite in bulk, gallon totes, to the City's Water and Wastewater facilities as needed per specifications and requirements set forth within Exhibits A and B. Product Quantities: Bulk liquid Sodium Hypochlorite delivery amounts vary, but typically range between 200 to 5000 gallons per order. Due to limited storage, orders will be placed on an as needed basis of the below City facilities. City Water Facility: The City's Water Division operates 25 chlorine injection/storage systems with a total bulk chlorine storage capacity of approx. 20,000 gallons. Deliveries are typically weekly to every two weeks. Annual demands of liquid Sodium Hypochlorite for the Water Division are approximately 140,000 gallons. City Wastewater Facility: The City's Wastewater Resource Recovery Facility operates a wastewater treatment system with a bulk storage capacity of 3,500 gallons. Bulk deliveries will occur as needed throughout the year. Additionally, the City of Meridian Wastewater Resource Recovery Facility, on occasion requires the delivery of Sodium Hypochlorite in 15-gallon containers and in 300-gallon totes. Annual demands of liquid Sodium Hypochlorite for the Wastewater Resource Recovery Facility is approximately 10,000 gallons. The Wastewater Resource Recovery Facility also occasionally uses totes (approximately 1 tote per quarter) and 15-gallon containers (approximately 3 per quarter). Note: The chemical amounts required for both facilities are estimated and may increase or decrease as required over the term of the Contract. Each fiscal year's resulting contract amount and quantity is contingent to each year's appropriation of funds Delivery Locations: The provided list below (TABLE A-1) includes the delivery locations for both the City Water and Wastewater Facilities. This list is all inclusive, however is subject to change as City infrastructure is added or chemical needs change. TABLE A-1 City Water and Wastewater Facilities Requiring Deliveries of Liquid Sodium Hypochlorite 12.5% City Facility Location Address Well #9 725 W. Franklin Road Well #1013 2061 N.. Jericho Way Well #11 2238 E. Lanark Street Well #12 1730 N Ten Mile Road Well #14 755 E. Overland Road Well #15 1624 W. Sunny Slope Drive Well #16B/16C 1100 N. Hickory Ave Well #17 1616 E. Time Zone Drive Well #18 3319 N. Summerfield Way Well #19 3301 W. Neimann Drive Well #20/2013 180 W. Ustick Road Well #21 300 E.. Watertower Street Well #22 2250 S Stoddard Road Well #23 1774 S. Silverstone Way Well #25 2725 E.. Victory Road Well #26 6067 N. Locust Grove Road Well #27 303 N. Ten Mile Road Well #28 2730 E. Taconic Drive Well #29 6355 W. Quintale Drive Well #30 968 E. Radiant Ridge Street Well #31 936 W. Riodosa Drive Well #32 701 W. Harris Street Well #34 3150 N. Valley Green Way Victory Reservoir 1665 E. Coastline Drive Wastewater Resource Recovery Facility 3401 N. Ten Mile Road *Delivery is FOB Destination to the above City locations SODIUM HYPOCHLORITE (12.5%) SPECIFICATIONS AND REQUIREMENTS The liquid Sodium Hypochlorite shall not contain any foreign matter or impurity that may damage or interfere with the City's equipment, facility, or treatment processes. This includes foreign matter or impurities that are a result of shipment or transfer into the City's tanks. The Supplier shall reimburse the City for any damages or costs incurred from any foreign material or impurity. The liquid Sodium Hypochlorite shall not contain any impurity in sufficient quantities that causes or may cause, by the City's normal usage of the liquid Sodium Hypochlorite, the City to violate any existing Federal limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. Should any permit limit or water quality standard exceedance be determined to be directly attributable to the liquid Sodium Hypochlorite supplied, the Supplier shall immediately take the necessary steps to remove or reduce the containment concentrations to levels satisfactory to the City. Liquid Sodium Hypochlorite shall have a concentration of not less than 12.5% Sodium Hypochlorite by weight. The pH of liquid Sodium Hypochlorite shall be not less than 11, and not more than 13 units. The specific gravity of liquid Sodium Hypochlorite shall be not less than 1.20, and not more than 1.23. The City reserves the right to subject samples of the liquid Sodium Hypochlorite to analysis to determine if the liquid Sodium Hypochlorite meets the City's specifications. The Supplier shall facilitate the sampling process, when asked. Failing to comply with the City's specifications shall constitute grounds for rejection of that load and is sufficient grounds to constitute a breach of contract. If in the opinion of the City, there is necessity to remove non-confirming liquid Sodium Hypochlorite within 24 hours of being notified without additional cost to the City. Alternatively, the City may remove the liquid Sodium Hypochlorite and the cost for removal and disposal shall be billed to the Supplier. The Supplier shall not charge for delivered material the City rejects. SUPPLY AND DELIVERY SPECIFICATIONS AND REQUIREMENTS Supplier agrees to keep sufficient liquid Sodium Hypochlorite inventory on hand and available to meet the City's needs. The Supplier shall have the resources and ability to deliver liquid Sodium Hypochlorite in bulk, gallon, and tote containers. City staff shall notify Supplier verbally and or email to place order for delivery. Supplier shall deliver product within five (5)working days upon notice from City. The Supplier shall,when shipping/delivering liquid Sodium Hypochlorite to the City as a "bulk" liquid in a tank/vessel shall ensure all shipments comply with all US DOT regulations for marking. The Supplier's transport tank/vessel must be sealed and equipped with a self-contained system to deliver all the liquid Sodium Hypochlorite in the load into aboveground storage tanks. An example of a delivery mechanism is pressurizing the tank with an air pump. The Supplier shall supply all transfer equipment to transfer chemical. The Supplier shall not use the City's equipment. The transfer mechanics shall be such to allow the Supplier to complete the task alone under normal circumstances, without the aid of the City. Prior to unloading, the Supplier shall provide the following with each delivery: • Date of delivery; • Bill of Lading/Weigh Slip Number; • Gross weight of delivery vehicle and liquid Sodium Hypochlorite in pounds; • Tare weight of delivery vehicle in pounds; • Net weight of liquid Sodium Hypochlorite in the delivery vehicle in pounds; and • Number of gallons; • Certificate; • All other documentation prescribed by DOT, ICC,other regulatory bodies and statues; • Any other applicable order/delivery documents based on inadequate or non- conforming information in the above documents. Failure to supply the required certificates, or failure to meet any specification described herein, shall be sufficient cause for the City to reject the delivery. The Supplier shall follow all City's security procedures and safety requirements for personal protective equipment. (The City shall inform the Supplier of these procedures and requirements initially, and shall communicate any changes throughout the term of the contract.) The Supplier is expected to comply with reasonable requests for emergency deliveries. Failure of Supplier to successfully complete a delivery is sufficient grounds to constitute a breach of the contract. EXHIBIT B AGREEMENT PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $677,999.99. AGREEMENT PRICING SCHEDULE Agreement includes the supply/delivery of liquid Sodium Hypochlorite (12.5%) FY2025 including any incidentals as required for this chemical. NOT-TO-EXCEED AMOUNT.............................................$677,999.99 Agreement is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by City. The City will pay the Supplier based on actual quantities of each item of work in accordance with the agreement documents. Estimated Item No. Description Quantity UOM Unit Price Total Cost 1 Sodium Hypochlorite (12.5%) FY2025 150,000 GAL $4.52 $677,999.99 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve award of multi-year contract to Lawn Co. for Landscape Maintenance Services for the Not-to-Exceed amount of$368,338.00 for Fiscal Year 2025 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: September 10, 2024 Presenter: N/A Estimated Time: 0.00 Topic: Landscape Maintenance Services Contract FY25 Recommended Council Action: Award, approve, and authorize the Procurement Manager to execute a multi-year contract to Lawn Co. for Landscape Maintenance services for FY25 through FY27 with the option to renew for an additional two (2) one (1) year extensions.As well as issue the FY25 Purchase Order for the Not- to-Exceed amount of$368,338.00. The Not-to-Exceed amount for each additional year is based upon the Consumer Price Index (CPI), and will be calculated each February of the previous contract year through February of the current year. Background: Lawn Co.was the low bidder of the two contractors whom submitted bids. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 6.12.2024 REQUESTING DEPARTMENT Pars & Recreation Project Name: Landscape Maintenance FY2025-FY2027 Project Manager: Roger Norberg Contract Amount: $368,338.00 per FY Contractor/Consultant/Design Engineer: Contractor-Lawn Co. Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 1 Budget Available(Purchasing attach report): Department 5210 Yes ❑ No ❑ Construction ❑ GL Account 55704 FY Budget: FY25 Task Order ❑ Project Number: 10151 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. PROCUREMENT USE ONLY-GRANT INFORMATION(to be completed only on Grant funded projects) Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category N/A (Bid Results Attached) Yes No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 5.21.2024 7 day protest period ends: 5.28.2024 VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: Corporation Status Active-Current Insurance Certificates Received(Date): 6.11.2024 Expiration Date: 4.1.2025 Rating: A- Payment and Performance Bonds Received(Date): N/A Rating: Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter supervisor Name Date Approve Vill. PROCUREMENT USE ONLY- AWARD INFORMATION Date Submitted to Clerk for Agenda: September 3,2024 Approval Date 9-10-2024 By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 01 - General Fund 5210 - Parks Division From 10/l/2024 Through 9/30/2025 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 55704 Contracted Services 404,846.04 0.00 404,846.04 Total OPERATING COSTS 404,846.04 0.00 404,846.04 DEPT EXPENDITURES 404,846.04 0.00 404,846.04 TOTAL EXPENDITURES 404,846.04 0.00 404,846.04 Date: 9/3/24 01:23:40 PM Page: 1 AGREEMENT FOR CONTRACTED SERVICES LANDSCAPE MAINTENANCE FY2025-FY2027 PROJECT 10151.11) THIS AGREEMENT FOR CONTRACTED SERVICES is made this 10th day of September 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Lawn Co. , hereinafter referred to as "CONTRACTOR", whose business address is 2581 W Wildwood Boise, ID 83713. INTRODUCTION Whereas, the City has a need for services involving Landscape Maintenance; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that Landscape Maintenance FY25 page 1 of 22 Project#10151.d are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration: 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of$368,338.00 per fiscal year. 2.2 The Contractor shall provide the City with a project statement and supporting invoices no more than once per month referencing the project name on each chain of custody, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Funding: 3.1 Funding for this project will be split between three (3) fiscal years. The first funding year will begin October 2024 for fiscal year 2025. Prior to the end of March of Year 2, Contractor may request a price increase in accordance with the current Consumer Price Index (CPI), defined as the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, U.S. City Average All Items, and calculated using the CPI of February of the previous year through February of the current year, which increase would be reflected in Year 3 of the Agreement. 3.2 Budget for each fiscal year, has not yet been appropriated by the City. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Any and all additional expenditures beyond the current fiscal year MUST be approved by City Council and memorialized by a written a Purchase Order. Landscape Maintenance FY25 Project#10151.D page 2 of 22 4. Term: 4.1 This agreement shall become effective on October 1, 2024 and shall expire on September 30, 2027 or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. Years four and five (4,5) are subject to one year extensions, and may be entered into if approved by City Council; contract must be amended in writing and signed by both parties. 4.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 4.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. Landscape Maintenance FY25 page 3 of 22 Project#10151.d 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per Landscape Maintenance FY25 page 4 of 22 Project#10151.d incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys'fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 8.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. Landscape Maintenance FY25 page 5 of 22 Project#10151.d 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Warranty: All services and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 11. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 12. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. Landscape Maintenance FY25 page 6 of 22 Project#10151.d 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 17. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 18. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Landscape Maintenance FY25 page 7 of 22 Project#10151.d 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 23. Payment Request: Payment requests shall be submitted to City of Meridian Accounts Payable via email: accountspayable@meridiancity.org. The Project Manager will compare the invoice against the chain of custody for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. 24. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 25. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Landscape Maintenance FY25 page 8 of 22 Project#10151.d 26. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 27. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian LAWN CO. Procurement Manager Attn: Thad Cork 33 E Broadway Ave 2851 Wildwood Meridian, ID 83642 Boise, ID 83713 208-489-0417 Phone: 208-323-0234 Email: thad@lawnco.net Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN LAWN CO. Procurement Approval BY: BY: KEITH WATTS, Procurement Manager THAD CORK 9-10-2024 Dated Dated: 6/12/2024 By Meridian City Council Project Manager Roger Norberg Landscape Maintenance FY25 page 9 of 22 Project#10151.d EXHIBIT A SCOPE OF WORK REFER TO REQUEST FOR QUALIFICATIONS # PKS-2417-10151.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Qualifications Package # PKS-2417-10151.D, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK Attachment 1 - Specifications / Scope of Work (10 pages) Landscape Maintenance FY25 Project#10151.D page 10 of 22 ATTACHMENT 1 SPECIFICATIONS / SCOPE OF WORK Landscape Maintenance FY25 Project#10151.D page 11 of 22 LANDSCAPE MAINTENANCE STANDARDS AND SPECIFICATIONS.........................................................2 1.GENERAL STANDARDS....................................................................................................................................2 L L GUARANTEE AND REPLACEMENT.......................................................................................................2 1.2. CONTRACTOR STAFF TRAINING AND EXPERIENCE.........................................................................2 1.3. OWNERICONTRACTOR COMMUNICATION........................................................................................3 1.4. MAINTENANCE RECORD KEEPING.....................................................................................................3 1.5. LANDSCAPE SERVICE SCHEDULING..................................................................................................3 2.SCOPE OF WORK................................................................................................................................................3 2.1. GENERAL PRACTICE GUIDELINES FOR MATERIALS AND EXECUTION.......................................3 3.MATERIALS AND EXECUTION—INTEGRATED PEST MANAGEMENT,INSECTICIDE APPLICATIONS,AND WEED CONTROL............................................................................................................4 3.1. INTEGRATED PEST MANAGEMENT(IPM)..........................................................................................4 3.2. PEST MONITORING................................................................................................................................4 3.3. INSECTICIDE APPLICATIONS...............................................................................................................4 3.4. WEED CONTROL.....................................................................................................................................5 4.MATERIALS AND EXECUTION—TURF MAINTENANCE............................................................................5 4.1. TURF MOWING.......................................................................................................................................5 4.2. TURF MOWING SCHEDULE..................................................................................................................5 4.3. TURF EDGING AND TRIMMING 4.4. TURF FER TILIZA TION...........................................................................................................................6 4.5. TURF CRABGRAS CONTROL.................................................................................................................6 5.MATERIALS AND EXECUTION—TREES,SHRUBS,VINES,GROUNDCOVER MAINTENANCE...........6 5.1. TREES, SHRUBS, VINES AND GROUNDCOVER FERTILIZATION......................................................6 6. SHRUBS,VINES AND GROUNDCOVER WEED,PEST AND DISEASE CONTROL...................................6 6.1. PEST AND DISEASE CONTROL 6.2. TREES, SHRUBS, VINES AND GROUNDCOVER PRUNING................................................................ 7 7.MATERIALS AND EXECUTION-GENERAL AREA MAINTENANCE........................................................7 7.1. LEAF AND BRANCH REMOVAL............................................................................................................. 7 7.2. LANDSCAPE DEBRIS REMOVAL...........................................................................................................8 7.3. LANDSCAPE TRASH REMOVAL.............................................................................................................8 7.4. MULCH REPLACEMENT........................................................................................................................8 7.5. OTHER AREA MAINTENANCE...............................................................................................................8 8.MATERIALS AND EXECUTION—IRRIGATION SYSTEMS..........................................................................8 8.1. GENERAL IRRIGATION SYSTEM OPERATION....................................................................................8 8.2. IRRIGATION SYSTEM MONITORING 8.3. IRRIGA TION SYSTEM MAINTENANCE, WINTERIZATIONAND RE-ACTIVATION 8.4. IRRIGATION SYSTEM REPAIR AND RENOVATION.............................................................................8 Landscape Maintenance FY25 Project#10151.D page 12 of 22 Landscape Maintenance Standards and Specifications Overview: The City of Meridian Parks and Recreation believes that work being performed by qualified professionals will create a landscape that is healthy, resource efficient, sustainable, and cost efficient to manage. It is the City's expectation that the Bidder's submission will comply with these professionally based standards and specifications. The Contractor should also expect to be held to these standards throughout the course of the contract. The following outlines the scope of services and responsibilities required of the Contractor. The specifications outline the quality, quantity and category of work required. The base contract will be for three (3)consecutive fiscal years. Year 1 of the contract will begin 10/1/2024 and end 9/30/2025 running 7 weeks in the Fall and 29 weeks Spring and Summer for every year for the life of the contract. Start and end working days that fall on weekends may be amended. However, 10/1 and 9/30 are hard break dates that follow City fiscal calendar and must be reconciled as such. Invoicing will be issued monthly. Contract Summary Below: Year 1 10/1/2024 11/19/2024 Winter Break 3/11/2025 9/30/2025 Year 2 10/1/2025 11/19/2025 Winter Break 3/11/2026 9/30/2026 Year 3 10/1/2026 11/19/2026 Winter Break 3/11/2027 9/30/2027 Year 4 10/1/2027 11/19/2027 Winter Break 3/11/2028 9/30/2028 'Optional Year 5 10/1/2028 11/19/2028 Winter Break 3/11/2029 9/30/2029 *Optional 1. GENERAL STANDARDS 1.1. GUARANTEE AND REPLACEMENT 1.1.1.Contractor shall replace, at no additional cost to Owner, any turf or plant materials damaged as a result of improper maintenance attention or procedures. Replacement material shall be of the same size and variety as the dead or damaged material. Replace plant material within two weeks of identification of damage. Alternatives to size, variety and scheduling of replacement only by written permission of Owner. 1.1.2.Contractor is not responsible for losses, repair or replacement of damaged work or plant material resulting from theft, extreme weather conditions, vandalism, vehicular incidents (other than Contractor's vehicles) or the acts of others over whom they have no reasonable control. 1.1.3.Contractor shall inform City on a monthly basis of plant losses not covered by warranty and unrelated to the maintenance activities. Provide City with the cause of the plant loss, and provide recommendations for replacement along with pricing for replacement. 1.2. CONTRACTOR STAFF TRAINING AND EXPERIENCE 1.2.1.Contractor will provide staff able to perform work at the highest standards of horticultural excellence. Key staff shall have current knowledge of best management practices (BMP's) regarding: safety, hazardous materials spill response, plant health, pruning, integrated pest management, pesticide application, and irrigation maintenance. 1.2.2.Contractor's personnel shall be identifiable with company logoed shirts at all times when working on city property. Additionally, contractor's personnel shall be subject to background checks. 1.2.3.AII work shall be performed under the direct supervision of a Certified Landscape Technician (CLT). Landscape Maintenance FY25 Project#10151.D page 13 of 22 1.2.4.All pesticide applications shall be performed by a Professional Applicator licensed the Idaho State Department of Agriculture. In addition, staff performing the pesticide application shall be licensed as Professional Applicators licensed in the appropriate category. License numbers will be provided to the City prior to award of contract. 1.2.5.All shrub pruning will be performed by, or under the direct supervision of an ISA Certified Arborist. There is no pruning of trees under this contract. 1.3. OWNER/CONTRACTOR COMMUNICATION 1.3.1.Contractor to provide a supervisor to act on City's behalf regarding all matters pertaining to the performance of the Landscape Service. Contractor must notify City when the supervisor will be on vacation or other leave of absence and who will serve as a substitute. 1.3.2.Provide City with an emergency contact list identifying the names, positions held, and phone numbers of key maintenance personnel. Provide mobile and/or pager numbers for the landscape maintenance manager and site supervisor. 1.3.3.Attend meetings and site inspections of the grounds as requested by City. 1.4. MAINTENANCE RECORD KEEPING 1.4.1.Contractor shall maintain a log of each application of fertilizer, pesticide (includes herbicides), and/or other chemicals. 1.4.2.Pesticide application records shall be kept in accordance with Idaho State Department of Agriculture. Records shall be kept by the Contractor on all pesticide (includes herbicide) applications for a minimum of seven (7)years. Such records shall be completed in accordance with all applicable laws and regulations and on forms as provided by ISDA: http://www.agri.state.id.us/index.php • The location where the pesticide or herbicide was applied. • The year, month, day, and time the pesticide or herbicide was applied. • Purpose of application. • The person or firm who supplied the pesticide or herbicide which was applied. • Trade name of the pesticide or herbicide which was applied, amount and concentration. • Method and rate of application. • The temperature and direction and estimated velocity of the wind at the time the pesticide or herbicide was applied. • The name and license number of the applicator. 1.4.3.Supply the City with written copies of chemical application records monthly. 1.5. LANDSCAPE SERVICE SCHEDULING 1.5.1.Establish a schedule for regular maintenance service days by area and submit to City for review. Contractor to review proposed schedules with the City at the regularly scheduled meetings and adjust as necessary to avoid conflicts. 1.5.2.All maintenance activities shall be performed Monday thru Friday from 7:00 AM to 4:00 PM MST. 2. SCOPE OF WORK 2.1. GENERAL PRACTICE GUIDELINES FOR MATERIALS AND EXECUTION 2.1.1.This document is intended as a benchmark of the City's minimum standards for maintenance, repair and improvements. However, the City respects the Contractor as a professional and as such, will take under consideration, any and all recommendations made by the Contractor. 2.1.2.Contractor shall furnish all labor, equipment, and materials necessary to complete the maintenance of turf and plantings, as specified herein. It is the intent of the City that this site be maintained in a resource-efficient, sustainable, and cost-effective manner. Landscape Maintenance FY25 page 14 of 22 Project#10151.D 2.1.3.Maintenance shall consist of fertilization, pruning, mowing, irrigation, Integrated Pest Management, (IPM), weed/insect/disease control, litter control and any other procedures consistent with good horticultural practice necessary to ensure normal, vigorous, and healthy growth of turf and landscape plantings. 2.1.4.When performing any work requiring subsurface excavation, Contractor shall take care to avoid damage to existing utilities and vegetation. Contractor shall contact DIGLINE INC. at 811. 2.1.5.All turf shall be mowed with professional quality mulch-mowing equipment. 3. MATERIALS AND EXECUTION—INTEGRATED PEST MANAGEMENT, INSECTICIDE APPLICATIONS, AND WEED CONTROL 3.1. INTEGRATED PEST MANAGEMENT (IPM) 3.1.1.City strongly encourages environmentally sensitive maintenance practices. The principles of integrated pest management (IPM)shall be employed. The intent is to limit any insecticide or herbicide applications through healthy landscape management practices. 3.1.2.IPM is an approach to pest control that utilizes regular monitoring to determine if and when treatments are needed and employs physical, mechanical, cultural, biological, and educational tactics to keep pest numbers low enough to prevent unacceptable damage or annoyance. Additional treatments, such as pesticide applications, are made only when and where monitoring has indicated that the pest will cause unacceptable economic, medical, or aesthetic damage. 3.2. PEST MONITORING 3.2.1.Pest monitoring and inspections to include the following: 1. Contractor shall visually inspect all landscape areas once weekly from April through September(following the above service schedule)to identify potential pest problems. Pest problems include insect, disease, and weed infestations. The presence of a pest does not necessarily mean there is a problem. 2. Contractor staff and City Representative shall visually inspect all landscape areas once monthly from April through September. 3. Cooperatively identify any area where non-chemical IPM control methods should begin. 3.2.2. Contractor is encouraged to provide proposals for renovations, replacements and other changes, along with associated budget recommendations. 3.3. INSECTICIDE APPLICATIONS 3.3.1.All insecticide applications shall be preceded by monitoring and positive pest identification. Submit these findings in writing to the City prior to any pesticide application. 3.3.2.Under no circumstances will combination products be allowed ("weed and feed", weed control +fertilizer, insect control +fertilizer, etc,). 3.3.3.Under no circumstances will regularly scheduled calendar-based applications be allowed without written prior approval of the City. 3.3.4.Under no circumstances will preventative "blanket" applications be allowed without written prior approval of the City. 3.3.5.All pesticides must be EPA approved and applied by an Idaho Department of Agriculture licensed Professional applicator per the label directions and in accordance with the rules set forth by the ISDA. All chemicals used must have a MSDS filed with the City. 3.3.6.Contractor is responsible to verify that pesticides are appropriate for use with the respective plant materials. Contractor is responsible for any damages incurred as a result of applications and shall repair or replace any such damage at no cost to the City. Landscape Maintenance FY25 Project#10151.D page 15 of 22 3.3.7.Control of insects: Monitor all turf areas for infestation of Bill bug and other harmful insects. Apply pesticides only to specific areas where insect infestations have been identified on the special conditions sheet. 3.4. WEED CONTROL 3.4.1. All turf areas shall be treated two (2)times annually with "Trimec Low Odor" herbicide to control emerged weeds. 3.4.2. Contractor must exercise caution as to avoid overspray of turf herbicide into tree wells or onto hardscapes. 3.4.3. Emerged weeds in shrub beds may be controlled mechanically or chemically with products containing "glyphosate" systemic herbicide. Under no circumstances will the use of contact herbicides be allowed. 3.4.4. The use of pre-emergent herbicides is encouraged to reduce the frequency of post- emergent applications. 3.4.5. Control of weeds: Use cultural methods (mulch mow, fertilize, and irrigate)to minimize weed growth on all turf. 4. MATERIALS AND EXECUTION —TURF MAINTENANCE 4.1. TURF MOWING 4.1.1.All turf will be mowed with professional quality mulching mower equipment. Bagging and removing clippings will be required only when excessive leaf debris is present, turf is too long to mulch, or when moisture conditions are too high to allow effective mulching without substantial clumping of turf debris. 4.1.2.Prior to each mowing, remove all litter and debris from lawn areas. Turf areas shall be mowed per the schedule below and maintained at a height of no less than 2 inches and no more than 3 inches. Coordinate mowing schedules with City. Alternate mowing direction where feasible every mowing. Maintain a uniform lawn height free from scalping. 4.1.3.Fescue areas shall be mowed once in June and September at a height of 3 inches. 4.1.4.Mower wheels and blade decks are not permitted to encroach into tree wells. 4.1.5.Contractor is responsible for any damages incurred as a result of mower damage to trees and shrubs and must repair or replace any such damage at no cost to the City. Properly maintain tree wells to minimize such damage. 4.1.6.Clippings will be swept or blown from hardscapes after each mowing. 4.2. TURF MOWING SCHEDULE January February March 2 April 4 May 5 June 5 July 5 August 5 Landscape Maintenance FY25 Project#10151.D page 16 of 22 September 4 October 4 November 2 December NOTE: Base Contract price includes 36 mowings per the mowing schedule. Mowings may be modified to site visits for leaf cleanup. 4.3. TURF EDGING AND TRIMMING 4.3.1.Mechanically trim all landscape turf edges every other mowing. Edges include all lawn perimeters and tree wells in lawn areas. Clean debris from hardscapes and non-turf landscape areas; remove larger debris. 4.3.2.Trim all lawn areas that cannot be reached by a mower with hand held equipment. Areas to be trimmed include any lawn adjacent to poles, signs, bollards, trees, walls and all other obstacles. Perform trimming to the same height as mowing. Clean debris from hardscapes and non-turf landscape areas; remove larger debris. 4.3.3.Contractor is responsible for any damages incurred as a result of trimmer and edger damage to trees and shrubs and must repair or replace any such damage at no cost to the City. Properly maintain tree wells to minimize such damage. 4.4. TURF FERTILIZATION 4.4.1.Turf areas shall be fertilized with granular type fertilizers. Fertilizers that contain iron are not allowed. 4.4.2.Submit a fertilizer schedule with application rates per site and application times with your bid. 4.4.3.Contractor shall submit a fertilizer application schedule prior to performing the work. 4.4.4.Approved fertilizer schedule must include three (3) applications per year, no less than one pound of nitrogen per thousand square feet per application, and no more than four pounds of nitrogen per thousand square feet applied annually. 4.5. TURF CRABGRAS CONTROL 4.5.1.Apply"Dimension" pre-emergent herbicide to all turf areas at label rate in mid May. 5. MATERIALS AND EXECUTION —TREES, SHRUBS, VINES, GROUNDCOVER MAINTENANCE 5.1. TREES, SHRUBS, VINES AND GROUNDCOVER FERTILIZATION 5.1.1.Fertilize plant materials as indicated below: 5.1.1.1. Shrubs, vines and groundcovers: Fertilize in March or April with slow-release, "bridge" or natural-organic fertilizer. Use 1-2-2 nutrient ratio (N-P-K), or similar, per manufacturer's recommended rates (not to exceed 5-10-10). 5.1.2.Perennials: Fertilize in June with same fertilizer used above per manufacturer's recommended rates. 5.1.3.Ornamental grasses: Fertilize in September with turf fertilizer approved in turf section above. Fertilize per manufacturer's recommended rates. 6. SHRUBS, VINES AND GROUNDCOVER WEED, PEST AND DISEASE CONTROL 6.1. PEST AND DISEASE CONTROL Landscape Maintenance FY25 Project#10151.D page 17of 22 6.1.1.Control of Weeds: Use cultural methods (mulch, proper pruning, and proper irrigation)to encourage plant health and growth and discourage weeds. Keep planter beds and tree wells free of weeds and debris. Ground covers are to be trimmed so they meet but do not grow over walkways or outside any of the planters. 1. The use of systemic herbicides containing "Glyphosate" as an active ingredient is permitted in shrub beds. The use of products containing 2, 4-D in shrub beds is not permitted. 2. Use of pre-emergent herbicides is permitted. Contractor shall submit pre-emergent product and rate to owner for approval prior to applications. 6.1.2.Control of Insects and Diseases: The control of pests and diseases on shrubs, vines and groundcovers are not included in this contract. If after proper pest monitoring and identification the use of pesticides is required provide City with a written proposal for consideration. 6.2. TREES, SHRUBS, VINES AND GROUNDCOVER PRUNING 6.2.1.Pruning must only be performed by trained personnel in accordance with accepted horticultural practices. Prune to enhance the natural growth and shape of plant materials and intended function of the planting. Plantings are designed to grow together and to the edges of the beds to minimize weed infestation and maximize water conservation. Shearing is only permitted for formal hedges. Prune back branches as needed when interfering with walks, buildings, signage, fire control utilities, site lighting, security/safety visibility, site lighting, and vehicular circulation. Prune dead and broken branches as frequently as required. 6.2.2.Tree pruning is not included in this contract, with the exception of removing low hanging limbs that may interfere with mowing operations and/or pedestrian access. Prune just outside the branch collar in accordance with accepted horticultural practices. 6.2.3.Replace plant materials that are disfigured or damaged due to improper pruning at no additional cost to City. 6.2.4.Prune all plantings (not including trees)once on a rotational basis appropriate to site, need, season and plant species. Discuss significant pruning work with City prior to work beginning. 6.2.5.Cut to ground and remove debris of all Day Lilies one (1)time per season. This shall occur in Autumn just prior to the final service day. 6.2.6.Periodically inspect and adjust tree staking and guying to prevent damage to the cambium layer. Remove guys and stakes as soon as trees are established and self-supporting (generally two years or less). 6.2.7. Basil suckers shall be removed by pruning, no herbicides are allowed for sucker control. 6.2.8.Should the services of an ISA-certified arborist be required for tree pruning, the City is to be contacted for evaluation and input. This is considered an additional service. 7. MATERIALS AND EXECUTION -GENERAL AREA MAINTENANCE 7.1. LEAF AND BRANCH REMOVAL 7.1.1.Keep walks, plazas, planting beds and lawn areas free of leaves and branches weekly. 7.1.2.Leaves shall be mulch mowed when leaf fall is not excessive and turf health is not adversely affected. 7.1.3.In Autumn leaf removal shall occur at each visit. 7.1.4.Excessive branch and debris cleanup from storm damage is not included in the contract work and is considered an additional service at Owner's request. Landscape Maintenance FY25 Project#10151.D page 18 of 22 7.2. LANDSCAPE DEBRIS REMOVAL 7.2.1.Remove and dispose of all landscape debris, the use of on-site dumpsters for disposal of landscape debris is not permitted. 7.3. LANDSCAPE TRASH REMOVAL 7.3.1.Remove all trash from landscaping beds, turf areas and parking lots to an approved trash container(City provided) onsite on a weekly basis. For large amounts of trash, or if there is no approved trash container onsite, Contractor shall haul it away for appropriate disposal. 7.4. MULCH REPLACEMENT 7.4.1.Mulch replacement is not included in this contract. 7.5. OTHER AREA MAINTENANCE 7.5.1.The maintenance of water features and fountains is not included in this contract. 8. MATERIALS AND EXECUTION — IRRIGATION SYSTEMS 8.1. GENERAL IRRIGATION SYSTEM OPERATION 8.1.1.Contractor is responsible for providing a staff completely trained and familiarized with the setup, monitoring and maintenance of the irrigation system at City sites. 8.1.2.Contractor is responsible for understanding the capacities and capabilities of the irrigation system and ensuring that system modifications do not cause landscape water demand to exceed the hydraulic capacity of the system. 8.1.3.Contractor will establish appropriate time intervals for each valve zone in the irrigation systems and adjust during the operating season as necessary. 1. Adjustments should be based on local eva po-tra nspi ration (ET)data as much as possible. 2. Operate systems only during night hours. Daytime operation is permitted only when inspecting or testing the system, after fertilizer application, for new installations and during extreme temperatures. 3. Run times shall be sufficient to allow for saturation of the root zone without run off. This may require "cycle and soak" scheduling in spray zones. Allow adequate run times in drip irrigation zones. 8.1.4.Contractor will manage all irrigation systems for peak efficiency and water conservation. Check for proper water application rates by inspecting soil moisture and health of plant materials on a weekly basis. Adjust the irrigation frequencies as required to correct over or under watering. 8.1.5.Contractor shall manage irrigation schedules so that irrigation is applied more deeply, but less frequently, rather than small amounts on a daily basis. 8.1.6.Contractor and City will work in collaboration during water supply shortages and under drought conditions to develop an irrigation strategy that best preserves and protects the site's landscape investment. 8.2. IRRIGATION SYSTEM MONITORING 8.2.1.Irrigation system monitoring and inspections to include the following: 1. Visually inspect all irrigated landscape areas once weekly from April through September to identify potential leaks as evidenced by water related plant stress, surface water or erosion, broken or damaged equipment, and paved surfaces or building walls/windows affected by irrigation spray. 2. Visually inspect the operation of all irrigation valve zones once monthly from April through September to identify coverage problems, misdirected nozzles, broken or Landscape Maintenance FY25 Project#10151.D page 19 of 22 damaged equipment, hard-scape or building overspray, pressure problems and system leaks. 3. Irrigation repairs that do not exceed $125.00 may be performed without prior approval. Irrigation repairs that exceed $125.00 shall be approved in advance. The City reserves the right to perform irrigation repairs. Contractor shall submit a list of repairs, time and materials used with an invoice for payment of said repairs. 8.3. IRRIGATION SYSTEM MAINTENANCE, WINTERIZATION AND RE-ACTIVATION 8.3.1.Run-off of water from irrigation systems into or onto streets, sidewalks, stairs, or gutters is not permitted. Immediately make adjustments, repairs, or replacements required to correct the source of the run-off. 8.3.2.Clean and adjust heads, nozzles and valves as required. Clean drip irrigation valve strainers as required. Properly prune plantings and remove sod and debris affecting head performance from all zones once during the months of April and May. Properly prune plantings and sod or debris affecting access to valves, and communicate to the City, valve boxes, which have settled during the Winter shutdown months. 8.3.3.The City may be responsible for winterization of sprinkler systems. See special conditions exhibit. 8.3.4.The City may be responsible for Spring start-up and initial adjustments of sprinkler systems. See special conditions exhibit. 8.3.5.The City is responsible for backflow testing, pump startup, maintenance and operation. 8.4. IRRIGATION SYSTEM REPAIR AND RENOVATION 8.4.1.Irrigation on sites that are referred to as City managed. This means the Cty assumes full responsibility for water management of these sites including programming, adjustments and repairs (see special conditions exhibit). The Contractor shall not be held liable for damage to plant material due to improper soil moisture. 8.4.2.All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the City. If a change to the installation will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, request authorization to make the change from the City. 8.4.3.Replacement of system components shall be the same manufacturer and model as original equipment, or better as authorized by City 8.4.4.The following repair activities are considered additional services: 1. Troubleshooting and repair of controller components. 2. Damage by other than Contractor vehicles. 3. Pedestrian or vandalism damage. 4. Special event damage. 5. Construction related damage by other than Contractor's activities. 6. Storm related damage. 7. Product failure. 8.4.5.Provide the following repair or replacement work at no cost to City: 1. Damage due to Contractor maintenance activities. 2. Damage due to work by Contractor's construction activities. 3. Inform City when shutting off the systems during emergencies. Landscape Maintenance FY25 Project#10151.D page 20 of 22 Exhibit B PARKS MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $339,846.00 for complete term of agreement to start on October 1, 2024 through September 30, 2027. PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SERVICES REQUESTED. NOT TO EXCEED CONTRACT TOTAL........................$339,846.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Unit Extended Price 1 PARKS-Landscape Maintenance Service 56 City Sites x8 LS $339,846.00 Service Months Annually TOTAL NOT-TO-EXCEED $339,846.00 Landscape Maintenance FY25 page 21 of 22 Project#10151.d Exhibit C WATER MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $28,492.00 for complete term of agreement to start on October 1, 2024 through September 30, 2027. PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SERVICES REQUESTED. NOT TO EXCEED CONTRACT TOTAL........................$28,492.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Unit Extended Price 1 Landscape Maintenance Service 13 Water Sites LS $28,492.00 x8 Service Months Annually TOTAL NOT-TO-EXCEED $28,492.00 Landscape Maintenance FY25 page 22 of 22 Project#10151.d W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2469: A Resolution of the City Council of the City of Meridian Establishing the Reappointment of Charlie Rountree to Seat 3 of the Meridian Board of Adjustment; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2469 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN ESTABLISHING THE REAPPOINTMENT OF CHARLIE ROUNTREE TO SEAT 3 OF THE MERIDIAN BOARD OF ADJUSTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-8-1 establishes the Board of Adjustment, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Charlie Rountree to Seat 3 of the Meridian Board of Adjustment as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-8-3, Charlie Rountree is hereby reappointed to Seat 3 of Meridian Board of Adjustment with a term to expire September 30, 2027; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 Oth day of September, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this loth day of September, 2024. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENT OF CHARLIE ROUNTREE TO BOARD OF ADJUSTMENT-Page I W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2470: A Resolution Approving Lease Agreement Concerning Patio Area in Generations Plaza; Authorizing the Mayor and City Clerk to Execute and Attest Said Agreement on Behalf of the City of Meridian; and Providing an Effective Date C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: Steve Siddoway, Parks and Recreation Meeting Date: September 10, 2024 Director Presenter: N/A Estimated Time: N/A Topic: Resolution Approving Lease Agreement Concerning Patio Area in Generations Plaza Recommended Council Action: Adopt the attached resolution approving the Lease Agreement Concerning Patio Area in Generations Plaza ("Lease"). Background: The City has authorized the owner of the building at 112 E. Idaho Ave.to utilize a small section of Generations Plaza for patio dining since 2000. Most recently,the patio area was utilized by Deja Brew Bistro, but that business closed in July. A new restaurant- Las Calaveras -will open in September. The proposed Lease will allow for the continued use of the patio area.As in the past, the rent is nominal,but the arrangement benefits Downtown Meridian by making Generations Plaza a more desirable place for community members to congregate and recreate. Legal has approved the Lease as to form. Attachments - Resolution - Lease CITY OF MERIDIAN RESOLUTION NO. 24-2470 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION APPROVING LEASE AGREEMENT CONCERNING PATIO AREA IN GENERATIONS PLAZA; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City owns Generations Plaza, a public gathering space at the northeast corner of the intersection of N. Main Street and E. Idaho Avenue ("Generations Plaza"); and, WHEREAS, Trax Holding, LLC ("Lessee") owns Lot 4, Block 5, of the Amended Plat of the Townsite of Meridian, Ada County, Idaho ("Lot 4"), and wishes to lease a portion of Generations Plaza("Lease Premises") for use as a patio area in conjunction with cafe or restaurant uses on Lot 4; and, WHEREAS,the City is authorized under Idaho Code section 50-1401 to manage real property owned by the City in ways which the City Council deems to be in the public interest; and, WHEREAS,the City Council hereby finds that leasing the Lease Premises to the Lessee serves the public interest by making Generations Plaza a more desirable place for community members to congregate and recreate; and, WHEREAS,the City Council hereby finds that the Lease Premises are not otherwise needed for City purposes, and pursuant to Idaho Code section 50-1407, the Mayor and Council hereby resolve and authorize the lease of the Lease Premises to the Lessee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the terms of that certain Lease Agreement Concerning Patio Area in Generations Plaza, which is incorporated herein by reference, are just and equitable, and said Agreement is hereby approved as to both form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said Agreement for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this10thday ofSeptember2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 Oth day ofSeptember2024. RESOLUTION APPROVING LEASE AGREEMENT CONCERNING PATIO AREA IN GENERATIONS PLAZA PAGE. 1 APPROVED: Robert E. Simison, Mayor 9-10-2024 ATTEST: By: Chris Johnson, City Clerk 9-10-2024 RESOLUTION APPROVING LEASE AGREEMENT CONCERNING PATIO AREA IN GENERATIONS PLAZA PAGE 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lease Agreement Concerning Patio Area in Generations Plaza LEASE AGREEMENT CONCERNING PATIO AREA IN GENERATIONS PLAZA This LEASE AGREEMENT CONCERNING PATIO AREA IN GENERATIONS PLAZA ("Lease") is entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Lessor"), and Trax Holding, LLC, a limited liability company organized under the laws of the State of Idaho, whose address is 877 W. Main Street, Suite 700,Boise, Idaho 83702 ("Lessee"), effective the 10th day ofSeptemb r2024 ("Effective Date"). Lessor and Lessee may be referred to individually as "Party" or collectively as "Parties." WHEREAS, Lessor owns Generations Plaza, a public gathering space located in Meridian, Idaho at the northeast corner of the intersection of N. Main Street and E. Idaho Avenue ("Generations Plaza"); WHEREAS, Lessee owns Lot 4, Block 5, of the Amended Plat of the Townsite of Meridian, Ada County, Idaho ("Lessee Lot"), which is located adjacent to Generations Plaza; WHEREAS, Lessee wishes to lease a portion of Generations Plaza ("Lease Premises") for use as a patio area,which will be used in conjunction with cafe or restaurant uses; WHEREAS, Lessor is authorized under Idaho Code section 50-1401 to manage real property owned by the Lessor in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that leasing the Lease Premises to the Lessee serves the public interest by making Generations Plaza a more desirable place for community members to congregate; WHEREAS, pursuant to Idaho Code section 50-1409, the Mayor and City Council hereby authorize the lease of the Lease Premises to the Lessee; 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, Lessor and Lessee agree as follows: I. Lease granted. In consideration of the payment of rent to be paid by Lessee to Lessor pursuant to this Lease("Rent") and the performance of the other covenants, conditions and agreements in this Lease to be kept and performed by Lessee, Lessor does hereby lease and demise the Lease Premises to Lessee. The Lease Premises shall be defined as follows: That certain area commencing at the southeast corner of Lot 3, Block 5, of the Amended Plat of the Townsite of Meridian, Ada County, Idaho; thence 15 feet west along the south property line of said Lot 3;thence 52 feet due north; thence 15 feet due east to the east property line of said Lot 3;thence 52 feet south along the east property line of said Lot 3 to the point of beginning. II. Use of Lease Premises. Lessee's use and occupancy of the Lease Premises shall be limited to: A. A patio area to be utilized in conjunction with cafd or restaurant uses associated with the Lessee Lot ("Patio Area"); and, B. Landscaping that is compatible with landscaping in Generations Plaza. LEASE AGREEMENT FOR PATIO AREA IN GENERATIONS PLAZA PAGE I Lessee shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Lessor. Lessee warrants and represents that Lessee has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, Lessee has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. III. Compliance with Local, State and Federal Law. As a condition of Lessee's use and occupancy of the Lease Premises, Lessee shall obtain and maintain all required local, state and federal permits, certificates and licenses, and comply with all applicable local, state and federal laws and regulations. IV. Term of lease. The term of this Lease ("Term") shall begin on the Effective Date and expire at 11:59 p.m. on September 30, 2025, unless earlier terminated by either Party by the method established herein("Initial Lease Period"). The lease term shall automatically be renewed for a period of twelve (12) months ("Renewal Period) on a year-to-year basis, until September 30, 2035, unless written notice of termination is given by either Parry to the other in the manner set forth herein. Lessee shall be deemed to have occupied the Lease Premises for purposes of commencing the Term as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Lessee. With regard to Lessee's use and occupancy of the Lease Premises under this Lease, Lessee shall be responsible for each and all of the following. A. Rent. Lessee shall pay Rent to Lessor. Rent for the Initial Lease Period shall be one thousand eight hundred ten dollars ($1,810.00), which shall be paid no later thirty (30) days after the Effective Date. If the Lease is subsequently renewed in accordance with Section IV, Rent shall be ten dollars ($10.00) for each Renewal Period,which shall be paid no later than thirty (30) days after the commencement date of each Renewal Period. B. Property taxes. If applicable, Lessee shall pay,prior to delinquency, all property taxes due and payable in connection with the Lease Premises. C. Repairs and Maintenance. During the Lease term, Lessee shall be fully responsible maintaining and repairing all improvements on the Lease Premises, including, but not limited to, the concrete area,patio cover, lighting, and landscaping.Lessee may make modifications and improvements to the Lease Premises, but only if such modifications and improvements are approved in writing in advance by Lessor's Director of Parks and Recreation. D. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein regarding early termination, upon expiration of the Lease term or earlier termination of the Lease, whether by lapse of time or otherwise, Lessee, at Lessee's sole expense, shall: 1. Remove Lessee's personal property; 2. Remove any and all real property improvements designated for removal by Lessor at Lessee's own cost; and 3. Promptly and peacefully surrender the Lease Premises and yield possession to Lessor. LEASE AGREEMENT FOR PATIO AREA IN GENERATIONS PLAZA PAGE 2 Any property left by Lessee on the Lease Premises after the expiration or termination of the Lease shall be deemed to have been abandoned and shall become the property of Lessor. Lessee shall be liable for all costs associated with the removal and/or disposal of such property. Lessee hereby waives all claims for damages that may be caused by Lessor's re-entering and taking possession of the Lease Premises or removing and storing Lessee's property. No such re-entry shall be considered or construed to be a forcible entry. Lessee shall indemnify Lessor against any loss or liability resulting from delay by Lessee in surrendering the Lease Premises, including, without limitation, any claims made by a succeeding Lessee founded on such delay. E. Condition of Premises. Lessee acknowledges that Lessee has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Lessor makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Lessee accepts the Lease Premises "as is." In entering into this Lease, Lessee is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises,physically and legally, for its intended use. F. Alterations. Lessee shall make no additions, changes, alterations or improvements to the Lease Premises, or to any electrical, mechanical or fire protection facilities pertaining to the Lease Premises, without the prior written consent of Lessor's Director of Parks and Recreation. Lessee shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Lease Premises. G. Waste. Lessee shall not commit or allow to be committed any waste upon the Lease Premises, or any nuisance, or any act in or about the Lease Premises that disturbs the quiet enjoyment of Lessor's Generations Plaza. Lessee, at Lessee's sole expense, shall comply with all laws and regulations relating to its use and occupancy of the Lease Premises. H. Limitation on assignment or subletting. Lessee shall not, without first obtaining consent of Lessor's Director of Parks and Recreation: (1) sell, assign,mortgage, or transfer this Lease or any interest therein; (2) sublease all or any portion of the Lease Premises; or(3) allow the use or occupancy of the Lease Premises by anyone other than Lessee. No assignment or sublease shall relieve the Lessee of any liability under this Lease, unless Lessor consents in writing to accept such assignment or sublease as a whole or partial novation.Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Lessee shall not constitute an assignment hereunder. I. Compliance with ADA. Lessee shall not enter into any change of use of the Lease Premises, whether approved by Lessor or not, if such change in use would result in increased liability of Lessor under the Americans with Disabilities Act of 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time ("ADA"). J. No Hazardous Substances. Lessee specifically agrees not to use, store or deposit any substance that is hazardous or dangerous to persons, property or the environment(or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in, on, or about the Lease Premises. K. Liens. Lessee agrees to keep the Lease Premises free and clear of all mechanics' liens on account of work done by Lessee or persons claiming under Lessee. Lessee agrees to defend, LEASE AGREEMENT FOR PATIO AREA IN GENERATIONS PLAZA PAGE 3 indemnify and save Lessor free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Lessee or persons claiming under Lessee. If Lessee shall desire to contest any claim of lien, it shall furnish Lessor adequate security for the value or in the amount of the claim,plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Lessee shall pay and satisfy the same at once. If Lessee shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Lessee shall not have furnished Lessor adequate security as more particularly provided above,then, in order to protect the Lease Premises and Lessor against such claim of lien, Lessor may, but shall not be required to,pay the claim and any costs, and the amount so paid,together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Lessee to Lessor, and Lessee agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Parry receiving notice of such lien or action shall forthwith give the other Parry written notice thereof. L. Indemnification. Lessee specifically indemnifies Lessor and holds Lessor harmless from any loss, liability, claim,judgment, or action for damages or injury to Lessee, to Lessee's personal property or equipment, and to Lessee's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Lessor or its employees. Lessee further agrees to indemnify and hold Lessor 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 Lease Premises by Lessee or by Lessee's tenants, agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Lessor or its employees. If any claim, suit or action is filed against Lessor for any loss or claim described in this paragraph, Lessee, at Lessor's option, shall defend Lessor and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify Lessor for all such costs and fees incurred by Lessor in the defense or resolution thereof. M. Insurance. Lessee shall purchase and maintain insurance, as follows: 1. Comprehensive Liability Insurance. Lessee shall purchase and maintain in force throughout the term of this Lease in force with an insurance carrier acceptable to Lessor a policy of commercial general liability insurance covering the activities of Lessee in connection with the Lease Premises, having a combined single limit of one million dollars ($1,000,000.00)per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000.00) per accident or occurrence. The insurance shall insure against any and all liability of Lessee with respect to the Lease Premises. 2. Worker's Compensation Insurance. Lessee shall purchase and maintain in force throughout the term of this Lease workers' compensation insurance on any and all persons in Lessee's employ, in the minimum amount(s) as required by Idaho law. 3. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Lessee shall be on LEASE AGREEMENT FOR PATIO AREA IN GENERATIONS PLAZA PAGE 4 forms and with loss payable clauses satisfactory to Lessor naming Lessor as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Lessor. Failure of Lessee to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Lessee may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Lessee. 4. Failure of Lessee to Insure. In the event Lessee shall fail to purchase and keep in force any of the insurance required of the Lessee, Lessor has the right to terminate the Lease. Lessor may, but shall not be required to,purchase and keep in force insurance, in which event the Lessee shall pay to the Lessor the full amount of the Lessor's expenses with respect thereto, said payment to be made within ten(10) days after demand for such payment by the Lessor. VI. Responsibilities of Lessor. During the Lease term, Lessor shall be responsible for each and all of the following. A. Maintenance of Generations Plaza. Lessor shall be responsible for maintaining the portion of Generations Plaza not subject to this Lease. B. Entry to inspect,maintain, or repair. Lessor, at all reasonable times, and at any time in case of an emergency,may enter the Lease Premises for the purpose of inspecting, maintaining, or repairing the Lease Premises. Lessor shall provide reasonable advance notice to Lessee when practicable. VII. General Provisions. A. No agency; independent contractor. It is understood and agreed Lessee shall not be considered an agent of Lessor in any manner or for any purpose whatsoever in Lessee's use and occupancy of the Lease Premises. In all matters pertaining to this Lease, Lessee shall be acting as an independent contractor, and neither Lessee nor any officer, employee or agent of Lessee shall be deemed an employee of Lessor. Lessee shall have no authority or responsibility to exercise any rights or power vested in Lessor. B. Notices. All notices to be provided under this Agreement shall be in writing and addressed as set forth above. Notices shall be either personally delivered or sent by U.S. mail,postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery,to the Parry specified. C. Default or breach; cure; termination. If Lessee is in breach or default of any of the terms, covenants or conditions of this Lease and Lessee fails or refuses to cure such breach or default within fourteen (14) days of written notice thereof, this Lease, and all rights of Lessee in and to the Lease Premises, at Lessor's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Lease and Lessee's failure or refusal to cure as hereinbefore provided, Lessor may, upon three (3) days' notice, enter into and upon the premises, take possession thereof and expel Lessee therefrom, with or without process of law,and without being guilty of trespass, and without prejudice to any and all other rights and remedies Lessor may have. Lessee shall be liable for any damages and any costs,including legal expenses and attorneys' fees, incurred by Lessor in recovering the Lease Premises. The rights, LEASE AGREEMENT FOR PATIO AREA IN GENERATIONS PLAZA PAGE 5 privileges, elections and remedies of Lessor set forth in this Lease or allowed by law or equity are cumulative, and the enforcement by Lessor of a specific remedy shall not constitute an election of remedies or a waiver of other available remedies. D. No waiver. Lessor's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Lease 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 Lessor may have under this Agreement with respect to such subsequent default or breach by Lessee. The acceptance of any Rent by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular Rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. E. No warranty concerning use. By the granting of this Lease,Lessor does not in any way convey any warranty concerning Lessee's ability to use the Lease Premises for any particular purpose. F. No third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a Party hereto. G. Nondiscrimination. The Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, use, occupancy,tenure, or enjoyment of the Lease Premises. H. Attorney fees. Lessee shall be liable to Lessor for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by Lessor in the enforcement of any of the terms, covenants or conditions of this Agreement. I. Nonappropriation of funds. This Lease shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Lessee acknowledges that Lessor is a governmental entity, and the validity of this Lease is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this Lease to the contrary, Lessor's obligations under this Lease are subject to and dependent upon appropriations being made by City Council for such purpose. J. Compliance with law. Throughout the course of this Lease, Lessee and each and all of Lessee's employees, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. K. Agreement governed by Idaho law. The validity, interpretation, performance and enforcement of this Lease shall be governed by the laws of the State of Idaho. Venue shall be in the courts of Ada County, Idaho. LEASE AGREEMENT FOR PATIO AREA IN GENERATIONS PLAZA PAGE 6 L. State of Idaho requirements. The following provisions are required by the State of Idaho. The inclusion of these provisions in this Lease does not indicate that these clauses are necessarily relevant to the subject matter of this Lease; rather,these provisions are included to comply with the laws of the State of Idaho. i. Anti-Boycott Against Israel Act. Pursuant to Idaho Code § 67-2346, as applicable, Lessee certifies that Lessee is not currently engaged in, and will not for the duration of this Lease engage in, a boycott of goods or services from Israel or territories under Israel's control. The terms"company" and "boycott Israel" shall have the meanings ascribed to them in Idaho Code§ 67-2346. ii. No Public Funds for Abortion Act. Pursuant to Idaho Code § 18-8703, as applicable, Lessee certifies that Lessee is not, and will not for the duration of this Lease,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. iii. Contract with company owned or operated by the government of China prohibited. Pursuant to Idaho Code § 67-2359, as applicable, Lessee certifies that Lessee is not a company currently owned or operated by the government of China and will not for the duration of this Lease be owned or operated by the government of China. The terms"company"and "government of China"shall have the meanings ascribed to them in Idaho Code § 67-2359. M. Severability. If any provision of this Lease is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable,the remainder of this Lease shall not be affected. N. Entire agreement. This Lease 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. No oral or written inducements to execute this Lease have been made to Lessee. In entering into this Lease, Lessee relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. O. City Council approval required. The validity of this Lease shall be expressly conditioned upon City Council action approving the same. 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. [END OF TEXT; SIGNATURES ON FOLLOWING PAGE] LEASE AGREEMENT FOR PATIO AREA IN GENERATIONS PLAZA PAGE 7 LESSEE: STATE OF IDAHO ) TRAX HOLDING, LLC ) ss: County off ) I BEREBY CERTIFY that on this day of Jeremy Malone, Agent , 2024, before the undersigned, a Notary-'Public in the State of Idaho, personally appeared Jeremy Malone in his capacity as Agent of Trax Holding, �t",,4„4,,,�� LLC, proven to me to be the person who executed said ,•�`�BROO#",, instrument, and acknowledged to me that he executed the F, I have to set my �Ao 20ZOo same. IN hand and WITNESS officialseOa1, the day and yearin this YY Y W fit,°�yOTAR y certificate first above written. �• • ' AUBLIC � co'); OF N �a Public for Idaho Resiilmg at Idaho My Commission Expires: LESSOR: Attest: CITY OF MERIDIAN Robert E. Simison, Mayor 9-10-2024 Chris Johnson, City Clerk 9-10-2024 STATE OF IDAHO ) ): ss County of Ada ) On this 10th day of September ,2024,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk,respectively, of the City of Meridian, who executed the instrument on behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian, ID ,Idaho My Commission Expires: 3-28-2028 LEASE AGREEMENT FOR PATIO AREA IN GENERATIONS PLAZA PAGE 8 W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2472: A Resolution of the City Council of the City of Meridian Appointing Doug Taylor to Seat 6 and Reappointing Steve Vlassek to Seat 3 and Nathan Mueller to Seat 8 of the Meridian Development Corporation; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2472 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING DOUG TAYLOR TO SEAT 6 AND REAPPOINTING STEVE VLASSEK TO SEAT 3 AND NATHAN MUELLER TO SEAT 8 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Seat 6, Seat 3, and Seat 8 of the Meridian Development Corporation are currently vacant; and WHEREAS, the Mayor and City Council find it to be in the best interest of the City of Meridian and the citizens of Meridian to appoint Doug Taylor to Seat 6 and reappoint Steve Vlassek to Seat 3 and Nathan Mueller to Seat 8 of the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Doug Taylor is hereby appointed to Seat 6, Steve Vlassek is hereby reappointed to Seat 3, and Nathan Mueller is hereby reappointed to Seat 8 of the Meridian Development Corporation with such terms ending August 31, 2027; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this loth day of September, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 10`h day of September, 2024. APPROVED: Mayor Robert E. Simison ATTEST: Chris Johnson, City Clerk RESOLUTION APPOINTING TAYLOR,REAPPOINTING VLASSEK AND MUELLER TO MERIDIAN DEVELOPMENT CORPORATION W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2473: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24- 2473 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS DEPARTMENT LIAISONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Meridian City Code section 1-7-6(A), the president of the City Council is to appoint a city council member to serve as liaison between Meridian City Council and each of the City departments,and at the City Council meeting on September 10, 2024,City Council President Luke Cavener did make such appointments; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City Council members appointed by City Council President Cavener to serve as liaisons to the respective departments, as follows, shall fulfill the duties of such function as enumerated in Meridian City Code section 1-7-6(B). Luke Cavener: City Clerk Human Resources Department Information Technology Department Legal Department Mayor's Office Finance Department Anne Little Roberts: Police Department John Overton: Community Development Department Liz Strader: Fire Department Doug Taylor: Public Works Brian Whitlock: Parks &Recreation Department Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 Oth day of September, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 Oth day of September, 2024. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk SEPTEMBER 2024 RESOLUTION APPOINTING CITY COUNCIL DEPARTMENT LIAISONS PAGE I OF I E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Proposed Unified Development Code (UDC) Changes f1E IDIAN:-- MEMO TO CITY COUNCIL From: Caleb Hood, Deputy Director Meeting Date: September 10, 2024 Presenters: Caleb Hood/ Bill Parsons Estimated Time: 30 minutes Topic: Potential UDC Changes Request: Staff requests the Council direct Staff how best to proceed regarding a few potential, upcoming UDC changes. The direction given will be vetted through the UDC Focus Group and P&Z Commission, but Staff would like Council to be aware and have the opportunity to direct changes, prior to kicking-off the discussions externally. Background: There are a handful of UDC (Unified Development Code) provisions that have presented challenges in interpretation and application for staff as well as members of the public. Staff will share some examples and discuss some proposed solutions. Fencing (11-3A-7, 11-1A-1).: 1. Issue: Need a definition of"fence" that is adequate to include fences that incorporate atypical (and sometimes unsafe) materials, construction, heights, and placement. Proposed solution: Clarify expectations and standards, including an update to the definition of"fence" in the UDC that eliminates the enumeration of specific materials or examples, and focuses on the effect of the fence. Staff recommends an updated definition of"fence" to be: "An enclosure, barrier,wall, trellis, or other design element used to enclose, screen, designate, adorn, or separate an outdoor area." 2. Issue: Need for clarity regarding fence maintenance as a number of fences have fallen into disrepair or present other aesthetic or safety hazards. Proposed solution: Clarify that fences delineating private property and publicly accessible areas must be in good repair; define "good repair." 3. Issue: Whether and how to address double fencing, where the second fence is in the setback. Proposed solution: Establish clear regulations regarding setbacks - allow only one fence in the side setback (includes property boundary); allow one fence, pet run, decorative screen, or second fence in the rear setback. Clarify that items inside the setbacks (in the "building envelope") are not regulated by the UDC. Secondary Dwellings (UDC 11-4-3-12).: 1. Issue: Feasibility of secondary,Accessory Dwelling Units (ADUs) in existing and new subdivisions. Proposed solution: Continue to allow ADUs,but clarify and modify definition, standards and permitting requirements. 2. Issue: Variation in regulation, permitting process in building codes and UDC. Proposed solutions: a. Change terminology in UDC to match IRC (use term "accessory dwelling unit"). b. Mirror review and permitting process of single-family residential. 3. Issue: Whether particular items should be permitted for use as ADUs. Proposed solution: Clarify that only structures constructed/placed on a foundation may be used as an ADU. Vehicles and tents would not be allowed for use as an ADU. 4. Issue: Whether ADUs should have their own water connections,wastewater connections, solid waste services, parking, and addressing, separate from the primary residence, Proposed solution: Add provisions to the UDC that require separate/additional MUBS accounts and addresses, to ensure that hookups meet City and safety standards, and to ensure immediate emergency services response to the appropriate building on the property. Limited Duration Signs (UDC 11-3D-91: 1. Issue: Businesses and sign owners often do not obtain sign permits until contacted by Code Enforcement. Therefore, only those wanting to complying with the UDC requirements or those that have been contacted by Code Enforcement for violations are seeking (and paying the fee for) permits, and required to follow the time limits (currently up to 120 days/calendar year). Proposed solution(s): Re-work current regulations to standardize maximum time limit. One option is to eliminate limited duration sign permits altogether, but keep the time limit. This transfers oversight of time limits to Code Enforcement (similar to parking). Miscellaneous: If time allows, Staff would also like to discuss potential changes to the UDC regarding: Home Occupation, Swim Lessons; Planned Unit Developments (PUD); and non-industrial uses in Industrial zoning districts as these topics are also likely to be part of the next round of UDC changes. Further, MDC is working on a new plan for downtown that could have UDC implications, topics like parking, downtown building and site design standards and multi-family permitting. Next Steps: With direction received from City Council, Staff will further discuss these topics both internally and with community partners.A UDC text amendment application will likely be filed in early 2025. (A different UDC text amendment proposal is before the Council on the September 10th regular City Council agenda.)