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2015-09-22C�/WIERIDIAN_CITY COUNCIL REGULAR A H 0 MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 22, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance Lead by Boy Scouts Hernan and Bruno Guitierrez 3. Community Invocation by Pastor Gene Hill with Parkview Christian 4. Adoption of the Agenda Adopted 5. Proclamation for Global Pulmonary Fibrosis Awareness Month 6. Consent Agenda Approved A. Amended to read: Final Order Finding of FaGt, ConGl signs of L TEC 15-004 Shops at Victory by Ken Lenz Located Southeast Corner of S. Eagle Road and E. Victory Road Request: One (1) Year Time Extension on the Conditional Use Permit (CUP -08-011) and Preliminary Plat (PP -08-006) Approved B. Memorandum of Understanding Between the City of Meridian and Intermountain Pet Hospital Regarding the Donation of Dog Agility Equipment in the Storey Bark Park C. Police Department: School Resource Officer Agreement between Idaho State University/West Ada School District and the City of Meridian D. Approval of Contract Amendment for "Liquid Emulsion Polymer" to BASF Corporation for the Not to Exceed amount of $171,000.00 E. Approval of Contract Amendment for "Bulk Ferric Chloride" to Weschem, Inc for the Not to Exceed amount of $95,000.00 Meridian City Council Meeting Agenda — Tuesday, September 22, 2015 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Approval of Award of Bid and Agreement to Kemira Water Solutions, Inc. for "PolyAluminum Chloride Solution" for a Not -to -Exceed amount of $77,235.00 G. Approval of Assignment of Master Agreement and Task Orders from SPF Water Engineering LLC to Western W.E., LLC. H. Approval of Agreement to Mercer Health for "Benefits Brokerage and Consulting Services" for a Not -To -Exceed amount of $50,000.00 I. Development Agreement Sovi Subdivision (AZ -15-007) Located in the NE 1/4 of the NE % of Section 29, Township 3 North, Range 1 East, Boise J. Development Agreement for Stonesthrow Subdivision (AZ -15-005) Located Approximately 1/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue, in the NE '/4 of Section 9, Township 3N., Range 1E., Boise Meridian, Ada County, Idaho K. Final Order: FP 15-029 Solterra Subdivision No. 2 by C15,LLC Located Near the Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Forty -Six (46) Single Family Residential Lots and Six (6) Common Lots on Approximately 5.34 Acres in the R-15 Zoning Districts L. Final Order: FP 15-030 Heritage Grove No. 3 by Green Village Development, Inc. Located North of E. Ustick Road and West Side of N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -One (31) Single Family Residential Lots and Four (4) Common Lots on 5.36 Acres of Land in the R-15 Zoning District M. Approval of Task Order 10613.A to JUB Engineers, Inc. for the " East Washington & Carlton Sewer Replacement — Design" project for a Not -To - Exceed amount of $72,138.00. N. Approval of Award of RFQ and Master Agreements for Professional Services in Categories: lb - Civil Survey Consultants, JUB Engineers, Murray, Smith & Associates for Water Supply and Distribution Engineering — Waterline Construction, Rehabilitation, and Reconstruction I Replacement. (Civil Survey Consultants, JUB Engineers, Murray Smith Associates) 2b - JUB Engineers, Keller Associates, Murray, Smith & Associates for Wastewater Collection and Treatment Engineering — Lift Station design and construction 7a — Advanced Control Systems, Bowen Collins & Associates, CH2M Hill Engineers for Electrical Engineering — Water and Wastewater control systems and SCADA system design and programming 8a - Civil Survey Consultants, HDR, JUB Meridian City Council Meeting Agenda — Tuesday, September 22, 2015 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Engineers for Environmental Engineering — Reclaimed Water Program Development, Design, Etc. 8b — Brown and Caldwell, CH2M Hill Engineers, HDR for Environmental Engineering — NPDES Stormwater Consulting; Environmental Assessment for NPDES Permitting; Wetlands delineation and Wetlands Mitigation, Stream, Wetland, and Riparian Environment Restoration O. FP 15-031 Sovi Subdivision by DevCo Located 3515 S. Eagle Road Request: Final Plat Approval Consisting of Thirty -Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.86 Acres in the R-15 Zoning District 7. Items Moved From the Consent Agenda None 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District Continued to October 6, 2015 B. Public Hearing: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty -One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District Continued to October 6, 2015 C. Public Hearing: AZ 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Annexation and Zoning of 52.46 Acres with R-8 (36.66 Acres) and R-40 (15.8 Acres) Zoning Districts Approved D. Public Hearing: PP 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Preliminary Plat Approval Consisting of 120 Building Lots, Nine (9) Common Lots and One (1) Other Lot on 52.46 Acres of Land in the R-8 and R-40 Zoning Districts Approved Meridian City Council Meeting Agenda — Tuesday, September 22, 2015 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Department Reports A. Community Development: Discussion and Update on the RFQ's for Building Inspection Services, Plans Examiner Services 1. Approval of Professional Services Agreement with Idaho Division of Building Safety for Commercial and Residential Plans Examiner Services Approved 2. Approval of Professional Services Agreement with Idaho Division of Building Safety for Building Inspection Services Approved 10. Ordinances A. Ordinance No. 15-1660: An Ordinance (AZ 15-007 Sovi Subdivision) for Annexation and Rezone of a Parcel of Land Located in the NE '/4 of the NE '/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho Approved B. Ordinance No. 15-1661: An Ordinance (AZ 15-005) Stonesthrow Subdivision for Annexation and Rezone of a Parcel of Land Located Approximately '/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue, in the NE '/4 of Section 9, Township 3N., Range 1E., Boise Meridian, Ada County, Idaho Approved 11. Future Meeting Topics Adjourned at 7:34 p.m. Meridian City Council Meeting Agenda — Tuesday, September 22, 2015 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council September 22, 2015 A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, September 22, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Genesis Milam and Luke Cavener. Members Absent: Joe Borton. Others Present: Ted Baird, Jaycee Holman, Bruce Chatterton, Bruce Freckleton, Sonya Watters, Josh Beach, Warren Stewart, Jamie Leslie, David Jones, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X _ David Zaremba _ _ Joe Borton ___ Charlie Rountree X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Thank you for joining here at the City Council. We always appreciate having visitors and students join us for City Council meeting. So, thank you for being here. For the record it is Tuesday, September 22nd. It's a few minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance Lead by Boy Scouts Hernan and Bruno Guitierrez De Weerd: Item No. 2 is our pledge and tonight we are going to be led by two different scout troops. First we have Hernan and Bruno Gutierrez that -- they are with Troop 94 from St. Mark's and we also have Troop 173 that are sponsored by the Greenhill Ward. They are going to be leading us in the pledge? If you will all come forward, I will ask all of you to rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) De Weerd: If I could ask you five to come forward I'd love to give you a City of Meridian pin for leading us in the Pledge. Item 3: Community Invocation by Pastor Gene Hill with Parkview Christian De Weerd: Item No. 3 is our community invocation. Tonight we will be by Pastor Gene Hill. Pastor Hill is with the Parkview Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Thank you, Pastor Hill, for being here. Meridian City Council September 22, 2015 Page 2 of 32 Hill: Thank you, Madam Mayor. Let us pray. Loving God, we do thank you for this wonderful city that we live in and we pray your blessing to be upon us as we continue to live our lives. Be with this Council and with our Mayor tonight as they proceed in the issues and challenges before the City of Meridian. We thank you for their leadership and all that they do for all of the citizens of this great community. And so we pray now for your will to be done in hearts and lives as we focus upon you and as we look to the business of this very special time. And so we lift this prayer now in thy name, amen. De Weerd: Pastor Hill, I would like to offer you a City of Meridian pin -- oh, you wore it. Hill: I wore it. De Weerd: Thank you. It looks good on you. We appreciate you being here. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 6-A needs to be amended to read: Final Order TEC 15-004, striking the words Finding of Fact, Conclusions of Law. Item 10-A the ordinance number is 15-1660 and Item 10-B the ordinance number is 15-1661. And with those amendments, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Proclamation for Global Pulmonary Fibrosis Awareness Month De Weerd: Item 5 is a proclamation. I will go down to the podium. I will be presenting this proclamation afterwards and we will see if you have a few words to share as well. Okay? You don't have to. Whereas, pulmonary fibrosis is a serious disorder that progressively attacks the delicate lung tissue, causing it to become scarred, which greatly affects the quality of life for all those who are diagnosed and whereas about 200,000 people in the U.S. are estimated to be affected by the disease and every individual diagnosed has a unique experience, making it difficult for healthcare providers to offer a standardized course of treatment and whereas there being no cure, the disease is often fatal within three to five years of diagnosis, but the good news is that there are treatments designed to specifically manage the symptoms of the disease and researchers are Meridian City Council September 22, 2015 Page 3 of 32 studying new ways to stop its progression and whereas the Pulmonary Fibrosis Foundation, established in 2000, is a nonprofit organization with the global mission to spread awareness and find a cure through involved patient advocacy and support services, thoughtful education and press initiative and steadfast research and funding opportunities alongside active participation in legislative efforts and whereas the Idaho Pulmonary Fibrosis support group has made it their goal to let the residents of Meridian, Idaho, and the world know that September is Pulmonary -- or Global Pulmonary Fibrosis Awareness Month. So, it is my honor to hereby proclaim September 2015 as Global Pulmonary Fibrosis Awareness Month in the City of Meridian and I call upon all of our citizens and members to become informed and involved in the fight to eradicate this serious disease. I would like to turn over the mike here and ask that you say a few words. Gilmore: I will make it short. De Weerd: Okay. Gilmore: I just wanted to say that we are -- we have a pulmonary fibrosis support group here in Meridian. It is one of only two in the whole state of Idaho. There has been an ongoing one for a few years in Idaho Falls and it was three and a half years ago that this group was formed. This is a very serious disease, as this proclamation mentions, and there are more people who are afflicted with it than we realize. Some of their symptoms start usually with a shortness of breath and maybe a persistent cough, with a loss of weight, tired, et cetera. I'm afflicted with this and have been for three and a half years. I'm very fortunate to still be able to stand in front of you at this time. My friend here Debbie also is a member of this group and she is a caregiver. Would you like to say anything? Herndon: Thank you very much. My name is Debbie and my husband Steve is afflicted with idiopathic pulmonary fibrosis, which is one of 200 types of interstitial lung diseases that are categorized under the term pulmonary fibrosis. He was diagnosed -- he was -- when he was first diagnosed the doctor told him that he would die within three to five years. Well, he's on his sixth year. So, he passed his expiration date. But it is a horrible disease and a disease that not very many people know too much about and so our goal here is to reach out to anybody who may be afflicted with this disease to know that there are those of us out there that are willing to help them, just because just talking amongst themselves with other members of the group can be so beneficial. So, thank you for giving us this opportunity to make those of you here aware of this ugly disease. Item 6: Consent Agenda Approved A. Amended to read: Final Order Findings of Fact, Conclusions of Law: TEC 15-004 Shops at Victory by Ken Lenz Located Southeast Corner of S. Eagle Road and E. Victory Road Request: One (1) Year Time Extension on the Conditional Use Permit (CUP-08-011) and Preliminary Plat (PP-08-006) Approved Meridian City Council September 22, 2015 Page 4 of 32 B. Memorandum of Understanding Between the City of Meridian and Intermountain Pet Hospital Regarding the Donation of Dog Agility Equipment in the Storey Bark Park C. Police Department: School Resource Officer Agreement between Idaho State University/West Ada School District and the City of Meridian D. Approval of Contract Amendment for "Liquid Emulsion Polymer" to BASF Corporation for the Not to Exceed amount of $171,000.00 E. Approval of Contract Amendment for "Bulk Ferric Chloride" to Weschem, Inc for the Not to Exceed amount of $95,000.00 F. Approval of Award of Bid and Agreement to Kemira Water Solutions, Inc. for "PolyAluminum Chloride Solution" for a Not- to-Exceed amount of $77,235.00 G. Approval of Assignment of Master Agreement and Task Orders from SPF Water Engineering LLC to Western W.E., LLC. H. Approval of Agreement to Mercer Health for “Benefits Brokerage and Consulting Services” for a Not-To-Exceed amount of $50,000.00 I. Development Agreement Sovi Subdivision (AZ-15-007) Located in the NE ¼ of the NE ¼ of Section 29, Township 3 North, Range 1 East, Boise J. Development Agreement for Stonesthrow Subdivision (AZ-15- 005) Located Approximately ¼ Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue, in the NE ¼ of Section 9, Township 3N., Range 1E., Boise Meridian, Ada County, Idaho K. Final Order: FP 15-029 Solterra Subdivision No. 2 by C15,LLC Located Near the Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Forty- Six (46) Single Family Residential Lots and Six (6) Common Lots on Approximately 5.34 Acres in the R-15 Zoning Districts L. Final Order: FP 15-030 Heritage Grove No. 3 by Green Village Development, Inc. Located North of E. Ustick Road and West Side of N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty-One (31) Single Family Residential Lots and Meridian City Council September 22, 2015 Page 5 of 32 Four (4) Common Lots on 5.36 Acres of Land in the R-15 Zoning District M. Approval of Task Order 10613.A to JUB Engineers, Inc. for the “ East Washington & Carlton Sewer Replacement – Design” project for a Not-To-Exceed amount of $72,138.00. N. Approval of Award of RFQ and Master Agreements for Professional Services in Categories: 1b - Civil Survey Consultants, JUB Engineers, Murray, Smith & Associates for Water Supply and Distribution Engineering – Waterline Construction, Rehabilitation, and Reconstruction / Replacement. (Civil Survey Consultants, JUB Engineers, Murray Smith Associates) 2b - JUB Engineers, Keller Associates, Murray, Smith & Associates for Wastewater Collection and Treatment Engineering – Lift Station design and construction 7a – Advanced Control Systems, Bowen Collins & Associates, CH2M Hill Engineers for Electrical Engineering – Water and Wastewater control systems and SCADA system design and programming 8a - Civil Survey Consultants, HDR, JUB Engineers for Environmental Engineering – Reclaimed Water Program Development, Design, Etc. 8b – Brown and Caldwell, CH2M Hill Engineers, HDR for Environmental Engineering – NPDES Stormwater Consulting; Environmental Assessment for NPDES Permitting; Wetlands delineation and Wetlands Mitigation, Stream, Wetland, and Riparian Environment Restoration O. FP 15-031 Sovi Subdivision by DevCo Located 3515 S. Eagle Road Request: Final Plat Approval Consisting of Thirty-Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.86 Acres in the R-15 Zoning District De Weerd: Item No. 6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: With the previous amendment I move that we approve the Consent Agenda, authorizing the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: And I'm going to ask, Council, if you would pull your mikes closer to your mouth when you speak. Dean would love you. So, I have a motion and a second to Meridian City Council September 22, 2015 Page 6 of 32 approve the Consent Agenda as amended in our adoption of the agenda. All those in favor -- oh, I'm sorry. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From the Consent Agenda De Weerd: And it's not just for Dean, it's for the people in the back of the room who can't hear us as well. So, Item 7 we had no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District B. Public Hearing: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty-One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District De Weerd: So, we will move into our Action Items. 8-A is -- AZ 15-009, 8-B is PP 15-014. I will open these two public hearings with staff comments. Beach: Good evening, Mayor, Council Members. This is an application for annexation and zoning, preliminary plat and alternative compliance for the Creason Creek Subdivision. The applicant CS2, LLC, has submitted application for annexation of 16.08 acres from county's RUT zoning to the R-8 or medium density residential zoning district. The preliminary plat consists of 51 single family residential lots and eight common lots on approximately 15.75 acres. So, as I said, the subject property has a land use designation of medium density residential, as well as civic on the Comprehensive Plan future land use map. The density for these projects is 3.24 units per acre, which falls between the three to eight dwellings per acre as defined in the Comprehensive Plan. A couple things to note. The length of Northwest 13th Street -- let me get there on the map here on the PowerPoint. The length of Northwest 13th Street here exceeds the 750 foot maximum. The -- working with ACHD the applicant has -- this isn't exactly the -- the layout that has been approved, there will be some bulb outs here for some traffic calming. The applicant has worked with ACHD to get that work done. They are finalizing those designs as we Meridian City Council September 22, 2015 Page 7 of 32 speak. Access to the site is from extensions to Lowry you can see here to the -- to the north here or I guess this is the east side of the property, Lowry, and, then, Pebble Creek here. There will be stub streets here, the other side of Pebble Creek, and, then, this is a stub street here to this property that's on the corner of Linder and Ustick. North is to the left just if you're looking for orientation. The applicant is -- in addition to this, the applicant is requesting alternative compliance. There is a substantial flood plain that runs through the property right here that is nonbuildable, so this will all be included as open space. The applicant is requesting alternative compliance to not have the 25 foot landscape buffer along Linder, but, instead, to seed this with fescue grasses and in addition to that there will be some walking the paths throughout this area. The open space and amenities, the applicant is proposing 4.56 acres of open space, which is well above the ten percent that's required for the development, understanding that most of that will be seeded with fescue grasses. If you see up here on the pointer, this was -- the applicant is proposing a -- a dog area or a dog park up here. There will be some pedestrian bridges that cross over to this lateral here to access the open space and then, the applicant is also proposing some picnic areas and some benches as well as part of the development. In addition to that, the applicant is proposing to fence a portion of this Creason Lateral here with wrought iron -- six foot wrought iron fence. The portion that cannot be fenced that's within that flood plain, the applicant is requesting that the Council approve that to remain untiled due to the size of the -- under our code and, then, the Five Mile Creek, which runs along right here, will remain open due to the fact this is a natural waterway. Are there any questions? De Weerd: Council, any questions at this time? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here this evening? Good evening. If you will, please, state your name and address for the record. Unger: Good evening, Mayor and Council. My name is Bob Unger. I'm with ULC Management, 62104 North Gary Lane, Boise, Idaho. 83714. And I represent CS2, LLC, on the project. We worked with Josh and staff on the design of this project, because it has so many unusual issues, such as the floodway and also some flood plain issues. So, what you -- what you're seeing this evening is the -- is the final of all of our work. I think Josh has done a great job of reviewing the project and we have no issues with the staff report or the conditions of approval and stand for any questions you might have. De Weerd: Thank you. Council, any questions for the applicant at this time? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council September 22, 2015 Page 8 of 32 Milam: I'll wait. I guess -- Bob, I guess my -- my question is regarding of the -- the tiling of the waterway. That is an area that we are going to be sending the families to play and children to go hang out and play. Is this -- is this safe when it's all laid out if it can't be fenced or -- Unger: Madam Mayor and Council, the Creason Lateral, which runs kind of a diagonally across there, you know, we are proposing to fence that with six foot wrought iron fence, but, then, when we get down to the floodway, the floodway rules and regulations won't allow us to fence it. So, it does pose a bit of a problem there. Certainly, you know, we would like to fence it, but I can't -- the cost of tiling it it's very expensive. It's over 200 dollars a foot, so we would be looking at -- just that section there we would be looking at somewhere in the area of 150 to 200 thousand dollars to tile it. And I'm not sure what we can do, because we can't fence it. Milam: Thank you. De Weerd: Mr. Rountree. Rountree: Okay. With respect to the property along Creason, how are the folks that are going to be responsible for that property going to access it. I assume the HOA is going to be responsible for that piece of property. Unger: Madam Mayor, Mr. Rountree, yes, it would be maintained by the HOA. The nature park and all of the parks throughout the project and we do have a -- we do have a bridge to go over the lateral to access from the project itself. Rountree: Okay. Unger: We also have one up at the dog park, which is in the southeast corner. Rountree: Okay. And will the covenants, CC&Rs, have stipulations, guidelines, or criteria that the HOA is to meet in order to maintain those sites, so, one, they don't get in issues with the floodway regulations and, two, that it's maintained in such a way as it -- it is, in fact, an amenity and does not become an eye sore. Unger: Yes. Our CC&Rs will be -- they are going to have to be pretty explicit in this particular case. You know, most of the time on a project you do your standard CC&Rs and you maintain everything, but this is going to be more -- a little more intricate in the -- in what can be done within the floodway and -- and the maintenance of the fescue and also we want to also put some natural, you know, flower seed out there, but that will all have to be maintained by the association and we will have pretty strict regulations and rules and guidelines as to how that has to be maintained. Rountree: And the final question, if you will. Explain the layout of homes, residents, or apartments or whatever they are going to be, off of -- and I can't read this drawing. It's Meridian City Council September 22, 2015 Page 9 of 32 fuzzy on my screen, but it's right there where there is a -- it looks like they might be alley loaded or they might have a common driveway to all of those lots. Unger: Yes. We have -- we have two common driveways. One that -- on the north side of -- I can't read this either. Tumble Creek Drive. And those six lots will all front on the common driveway and, then, we have an additional common driveway -- that right there. That accesses three lots and all of those lots will also face the common driveway area. Rountree: Okay. Unger: So, they are not rear load. Rountree: And do you propose some off-street parking anywhere in the vicinity of those driveways for folks that might have visitors, because I can see that that could be a real problem with six houses on one common driveway that looks like it's probably large enough to back in and back out of your garage and that's about it. Unger: Yes, sir. The common driveways are -- I believe they are 25 feet in width and, of course, each residence will have to have a 25 -- 20 foot parking pad, you know, going into their garage. So, there would be parking within their individual driveways, but, then, there would be -- still be on-street parking on Tumble -- Tumble Creek. Rountree: Thank you. De Weerd: Okay. Any other questions at this point for the applicant? Thank you, Bob. Unger: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Thank you for joining us. If you will, please, state your name and address for the record. Olsen: May name is Dorothy Olsen. I live at 2887 Northwest 12th Drive. De Weerd: Thank you. Olsen: My house backs this project and I am concerned about the traffic that this development is going to mean for my neighborhood. With that approval of 51 -- a 51 lot subdivision there is the potential of adding at least a hundred cars to the traffic in the neighborhood. During high traffic periods we are already experiencing difficulty in making left turns off Ustick into our development on 12th Drive. When you add another potential hundred cars, the intersection problems will get much worse. The widening of Ustick to five lanes, scheduled for 2017, may solve some of our problems, but it has the potential of making our problems worse or at least -- and as -- and is at least two years in the future. As part of the final approval for Creason Creek Subdivision I would like to request the Council consider the developers participate in the cost to install two signal lights, one at Meridian City Council September 22, 2015 Page 10 of 32 the intersection of Ustick and 12th Drive and the other one at Linder and Claire Street. Those are the only two accesses in and out of this area and the one that goes down Claire routes through another private neighborhood area separate from ours. I just would like to have you consider that as a possible solution to one of -- some of what I think is going to be a traffic problem. De Weerd: Thank you, Dorothy. Olsen: Thank you. De Weerd: In addition to Dorothy signing to speak I have Joe Semanich. Would he like to provide testimony? I don't see him. Oh. No. He signed up as neutral. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Justin, could we perhaps ask you a couple questions with Ada County Highway District. Lucas: Madam Mayor, Members of the Council, Justin Lucas, Ada County Highway District, business address is 3775 Adams Street, Garden City, Idaho. How can I help you? De Weerd: Well, as -- I love that attitude. What was just mentioned in terms of the concerns along Ustick and Linder, these two roads are on a plan to be improved in the future, but I'm not sure on Ustick does the additional lane that -- that was put in with the intersection improvement on Ustick and Linder, does it extend all the way to 12th Drive? Lucas: Madam Mayor, Members of the Council, I don't believe that the additional lane extends all the way to 12th on Ustick. I'm familiar with both the intersection of Ustick and 12th and Ustick and Claire, which I didn't catch the woman's last name. I believe her name was Dorothy. Olsen. Mrs. Olsen. She brought that up. But we did analyze this project per our standards and typically we try to limit signalized intersections on principal arterial roadways, which Ustick is. The signals are planned for the Ustick and Linder intersection, which is complete. Ustick and Venable, which is down the way by Settlers Park. There will likely be a signal there when that's all complete. I know that doesn't completely address her concern of the left turn out, but when the -- when the intersection is -- when the roadway is improved and there is a viable center turn lane there, I think that should help on both of the legs of that intersection. Claire is a -- is a difficult one and I'm not going to deny it. It's got some Jersey barrier there and it's a -- and there is a canal -- the Creason actually runs right down there and so that is a difficult intersection to navigate and so what -- that would have to be improved when the -- that section of Linder Road is widened. That's not a simple project because of the interaction with the irrigation facility. So, I don't know if that totally answers the questions. Typically, you know, homes, it's going to add some traffic, but this area, due to the level of service and the standards around there, we believe should be able to handle it. That's per our standards. Now, the neighborhood oftentimes looks at it differently. De Weerd: Well, I would agree. My son delivered newspapers in that neighborhood -- the older neighborhood and getting in and out of there was very limited at that time. Meridian City Council September 22, 2015 Page 11 of 32 Lucas: Correct. De Weerd: And we have grown a lot since then. If you knew my son's age you would know I just aged my comment. Any other questions from Council for Justin? Okay. Thank you. Lucas: Thank you. De Weerd: Okay. Any further testimony? I would ask the applicant to make closing remarks. Unger: Madam Mayor, Bob Unger again. I had a question for Justin. I -- I was told by ACHD that the Ustick widening has been moved up to 2016. No? Okay. All right. Well, I think Justin pretty much answered the question pertaining to the -- the traffic. The way our project is laid out we feel that the bulk of the traffic is going to go to the north access into the South Lake Subdivision and 12th Avenue there. So, I don't -- we don't feel that, you know, we are going to have a lot of traffic going through the subdivision itself. It will be going out to the access there to Ustick and that is our primary access. I really -- I think that's all I had. The only other comment I have on Mrs. Olsen's comments and I would stand for any questions that you might come up with. De Weerd: Okay. Council? Mr. Cavener. Cavener: Bob, the map that we have in front of us is somewhat fuzzy, so I have been pushing back between the map provided in Google Map to make sure that I'm orienting myself in the right spot. But 13th connects to a street that I can't see the name and that -- north towards Ustick -- correct. Right there. That street. And that street right there where the arrow is, does that connect to 12th? Is that what I'm seeing? Unger: Yes, it does. 12th comes across and then -- and, then, takes a bend to the west and, then, comes out to Ustick. Cavener: Great. Appreciate it. Thanks for the clarification. De Weerd: Mr. Zaremba. Mr. Zaremba, we can't hear you. Zaremba: That's because I didn't switch it on. Now we are on. My question is actually going to be for the fire department, but it has a lot of premise to it and I'm referring to Northwest 13th Street where block length exceeds the 750 foot maximum. There are several reasons, actually, for that being in the requirements and one of them is walkability, which I think has been mentioned. The other is traffic calming and I can see that the little meander there will probably help with that. The third is a fire department concern and that is if there is any constriction to access on that street there is only so far they can drag a hose and I guess my question is is the fire department satisfied that they can service this area if there is an obstruction on the street. Meridian City Council September 22, 2015 Page 12 of 32 Jones: Madam Mayor, Councilman Zaremba, that section of the subdivision doesn't present an issue. Each one of our trucks carries over 800 feet of supply line. The only concerns I see with that are those -- those stubbed out dead end driveways, that does present a bottleneck issue where once we get an engine in there and they have laid lines in, that's the only apparatus we can get in there. So, it doesn't, you know, decrease our ability to fight fire, it just is kind of going to slow our progress, because we are going to have to walk and carry equipment further. That's the only concern I see. Zaremba: Thank you. De Weerd: Okay. Any other questions from Mr. Unger? Unger: Madam Mayor, can I respond? De Weerd: Uh-huh. Unger: Thank you. Where was I going there? Oh. On the -- on the two common drives, they are 150 feet or less, which, you know, meets fire code. And also a correction. There isn't a little hoopty Doo in that street. Okay? De Weerd: A hoopty Doo. Is that an engineering term? Unger: I'm not an engineer, so I can get away with it. I'm a planner. But that actually is a straight street. But at the intersection there of Tumble Creek and 13th there are knuckles to knuckle down the traffic, slow down traffic and that has been reviewed by ACHD staff and approved. Okay? And the difficulty that we have here -- and we understood that the 750 distance -- block distance, but we were somewhat restricted by our -- the two accesses coming off of the Southwick Subdivision in that they were more than the 750 and I know they were approved prior to this ordinance going in. So, it was pretty -- it was difficult for us to -- to make that 750, although we did on the west side with our stub street that goes down through there, but we just couldn't do it on the east side, because there was nobody to put in a pathway that went nowhere or a road that went nowhere. So, we were kind of restricted there in our abilities to meet that part of the code. So, that's -- that's why we have asked for the consideration on that. Zaremba: Thank you for the clarification. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor. Question for staff and, then, Bob. What -- what does the land use planning map designate the corner? Beach: That is -- it's a great question. I think it's commercial. Meridian City Council September 22, 2015 Page 13 of 32 Rountree: So, would the applicant be willing to sign the stub streets that, one, they will eventually go through and, two, that the adjacent property is commercial? Unger: Madam Mayor, Mr. Rountree, there will be barricades at both of those stub streets as required by ACHD and they do have a sign that says this street, you know, may be extended or will be extended in the future. As far as the zoning -- certainly, I don't have a problem putting a sign up that, you know, this property is -- whatever the zoning is. I actually think it's neighborhood commercial. Beach: Okay. Unger: If I remember correctly, because we have actually looked at that piece and are still looking at it. But we have no problems putting up a sign to that effect. Rountree: Okay. Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Bob, what is your estimated date of completion? Unger: Oh, my goodness. Madam Mayor, we would hope -- and, again, we are optimistic -- we are always optimistic and I'm very optimistic. We would hope to start pulling building permits in June, July of next year. We would like to -- we have already started our engineering drawings for the project and we are hoping to break ground mid November and work throughout the winter. We won't be able to pave probably until March, but that works about right when all the landscaping goes in. So, I would think June, July for building permits. Milam: Thank you. De Weerd: Any other questions from Council? Cavener: Madam Mayor, maybe a question -- De Weerd: Mr. Cavener. Cavener: -- question for staff. The alternative compliance with the landscape along the Creason Lateral, does that extend just the length of the lateral or until its stubbed or to the edge of the property line? Beach: Yes, it's the length of the property. So, they would -- they would have been required to put the 25 foot landscape buffer in on the entire length -- Cavener: Uh-huh. Meridian City Council September 22, 2015 Page 14 of 32 Beach: -- and they -- our code reads equal to or better than has been approved by Caleb to do what they propose is putting those -- those pathways and the fescue grasses -- let me get here to the landscape plan so you can kind of see what they are proposing. It was agreed to install some additional trees here. There is some existing mature trees along the lateral. They will be installing some additional trees -- Cavener: Okay. Beach: -- as well as part of that. But, yes, that was part of our review as well. Cavener: Okay. Thank you. De Weerd: So, Bob, I understand the challenges of in-fill, but how are you going to distinguish this as neighborhood in and of itself, so that it doesn't belong to the neighborhood on 12th Drive? Unger: Madam Mayor. I think anytime you do a development and you put in common areas and -- to be used by the homeowners and people like that, it's almost impossible to restrict someone else from walking over from the other neighborhood and maybe using your park area. That's -- I mean it's pretty typical throughout everything. Certainly it's not -- we are not going to post it or run people off, but it is a pretty typical thing that you see throughout that area. And, really, anybody that would like to use the nature park I think -- you know, it might be fun. I mean we are going to have some benches there where you can sit and, hopefully, we will have birds and wildlife in that area. So, I guess to answer your question, we -- you know, we are not going to restrict anyone else from using our park area. It's just -- De Weerd: And do you have a sign by the entrance coming in off of 12th? Unger: Oh. Madam Mayor, yes. We do have two little triangular landscape spots there and we will be coming in for a sign permit to sign up that identifies our subdivision. We will probably have one at that entrance and also at the southerly entrance. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Bob, so the walking path in this whole section is just really difficult to absorb and appreciate. So, where do they end? As they go away from their subdivision where is the ending point of those paths? Unger: Madam Mayor and Council, the walking path will start at our -- be our -- our westerly side there at the Creason Lateral where the commercial property is and, then, it will run south and east paralleling the lateral until we get to -- until we get to a point where I can't go any further and, then, we are going to go directly east and connect with the Meridian City Council September 22, 2015 Page 15 of 32 sidewalk there, which will take you over to the pathway that's over in Southwick that also parallels the lateral. De Weerd: Where is that connection on the lateral? Unger: I'm sorry, Madam Mayor. Which -- De Weerd: With the pathway. Unger: With the pathway. Okay. To the east, which is to the adjoining subdivision -- De Weerd: Can you get the other map on here? Beach: Absolutely. De Weerd: There you go. Yes. So, staff, do you know where the -- the pathway he's referring to is? Can you -- Beach: There is -- thank you, Madam Mayor, Council Members. So, there is -- there is a couple of paths you can be referring to, so I guess for clarification there is a path that runs along Creason Lateral here, as he indicated. It goes up here and connects with the sidewalk and, then, it will connect to the Southwick Subdivision and there is this pathway here. Are we referring to where this connects right here? De Weerd: I think that's what you were referring to. Beach: There is a -- there is an existing pathway there that this will connect to. Is that your question? De Weerd: Yes. Unger: Excuse me, Madam Mayor. Actually, that will be an ACHD sidewalk. They required us to put our sidewalk on the -- on the other side of the Five Mile Creek. De Weerd: So, it won't connect. Unger: We will connect to the north, but I don't believe it connects to anything to the south at this point. De Weerd: Okay. Unger: There is a dirt pathway down through there, I believe, and I think that's all there is. But ACHD is requiring us to put in the sidewalk in that area, so we thought it would be good to connect with that with our pathway. De Weerd: Okay. Did that answer -- did that help? Meridian City Council September 22, 2015 Page 16 of 32 Milam: A little bit. Madam Mayor. I guess I still have a question for staff and it goes back to the -- the nontiling issue. Unger: Okay. Milam: And I understand that 150,000 dollars is a lot of money, but a life is a lot more valuable. So, is this a safe alternative? Beach: I'm not sure I'm qualified to answer that question. They are -- the applicant is required to come to Council to ask for a waiver to not tile that, so that's up to -- up to the Council Members to make that decision. It's currently not -- you know, it's open currently and as Bob has indicated, they are not allowed to build or construct anything within that area. So, really, that would be the only way to make sure. But as Bob indicted, he's just asking for that waiver based on the size and the cost. De Weerd: And certainly I would imagine that that is not that different from the pathway we have in Tully Park, so -- Milam: The Bud Porter. De Weerd: Yeah. The Bud Porter. Unger: Madam Mayor, if I could. De Weerd: Oh. It's like where is that coming from. Unger: Yeah. I -- you know, that is a concern that we really hadn't discussed, because we were always going to fence that and, then, when staff informed us that we couldn't fence that area, it -- I think it got overlooked. Okay? Boy, as much as I hate to say this, I -- I think we are going to have to do that. I mean I agree with you, I mean, you know, our concern is safety also and I hadn't thought about that, so -- we will have to tile the section that's within the floodway. Milam: Thank you. Unger: My boss is going to kill me. But you would probably require it anyhow. De Weerd: Yeah. I'm not sure you can. Bird: In a flood plain I don't think you can. Unger: Pardon? De Weerd: I'm not sure you will be able to. Meridian City Council September 22, 2015 Page 17 of 32 Unger: To tile it? De Weerd: Uh-huh. Unger: Yes, we can. I have discussed it with Nampa-Meridian Irrigation District. De Weerd: Really. Unger: And they will allow us to tile it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As a curiosity, I have an engineering question. If you tile it is it still a floodway? The water can't go anywhere outside the pipe. Unger: Madam Mayor. Yes, we can go in and tile it within the floodway, we can go in and tile it, as long as we do not cause a rise in the base flood elevation within that area. In other words, we can't -- we can't make it higher, we can't make it lower, and it's a 72 inch pipe -- concrete pipe that will have to go in, so as long as we don't change the -- the elevations in that area, then, we are fine and we will have to do a flood plain application. We have to do a flood plain -- or floodway application anyhow with the city, so city staff will have to review it. Zaremba: I think I'm understanding that. You're talking about the area before and after the pipe -- Unger: Correct. Zaremba: -- has to be unaffected. Unger: Correct. Zaremba: So, it is still a floodway. Unger: Yes. Zaremba: All right. Thank you. De Weerd: But you will still have the Five Mile Creek, too. You have the Creason Lateral and you have the Five Mile Creek; right? So, that little island is surrounded by water. Unger: Yes, it is. Meridian City Council September 22, 2015 Page 18 of 32 De Weerd: I guess an alternative -- and maybe Warren or Mike have some ideas, but we did a demonstration project over by Locust Grove and Franklin where they did some treatments along the ditches to -- to kind of step it down and to make it further away from the water delivery itself, but to make -- to make it safer so that -- to show how naturally you can build in a safer atmosphere or environment. I don't know -- we don't want to tile everything, but -- Warren, do you have any -- any comment on this? Stewart: Madam Mayor, Members of the Council, there is probably a couple things you can do. You can tile the ditch as long as the pipe is of sufficient size that it is -- it will carry the hundred year flood event. So, you just have to size it appropriately. So, that can be done if that's what they choose to do. As an alternative to that you probably could, if you could get permission -- you would have to get, of course, permits from the Corps of Engineers and the irrigation districts, and sort of widen that section of the -- the ditch and step it down so that you have a situation where you didn't have steep banks. In other words, people could wade in and out fairly safely. Still is an issue if you have a flood event, but you could -- normal flows it might be okay. I don't -- certainly haven't looked at this particular situation, so I couldn't say that you could do that emphatically, but that's a possibility. De Weerd: Okay. Any other questions or comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You know, I think this issue is kind of come full circle that we are not, now we are, and we are not sure if we can, so my suggestion is maybe continue the hearing on this and give Bob another week to -- to work with his client and work with the city flood plain regulatory people and find out just what can and can't be done, as opposed to approving something that you're back here in another month with a new hearing, because a decision was made and had to be remade. So, that would be my suggestion, continue the hearing on this item. Bird: Is that a motion? De Weerd: I -- certainly if we have a motion, but, you know, at this point it would be my hope that Mr. Unger's client could obtain the corner, so you do -- you plan something all at once. We -- we have had multiple applications in. You never see the full picture and the homes that go in never know what's going to be built in their -- their backyards and it's always nice to have a full picture. The access to Linder will be dictated by whatever development goes in on that corner and -- and so will it -- in terms of the Ustick it would be a second access in addition to the 12th -- 12th Street or 12th Avenue, whatever that -- 12th something. But -- I don't know. I guess -- I understand in-fill and -- and that, but it just -- my thoughts. So, do I have a motion of any kind? Unger: Thank you. Meridian City Council September 22, 2015 Page 19 of 32 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue the public hearings for Items 8-A and 8-B until -- a week? De Weerd: It's two weeks. Rountree: Two weeks. Until October 6th, 2015. Bird: Second. De Weerd: I have a motion and a second to continue this item to October 6th and that's Items 8-A and 8-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. So, this will be continued to August 6th and we will take testimony again at that time. Thank you for joining us. C. Public Hearing: AZ 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Annexation and Zoning of 52.46 Acres with R-8 (36.66 Acres) and R-40 (15.8 Acres) Zoning Districts D. Public Hearing: PP 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Preliminary Plat Approval Consisting of 120 Building Lots, Nine (9) Common Lots and One (1) Other Lot on 52.46 Acres of Land in the R-8 and R-40 Zoning Districts De Weerd: Items 8-C and D. I will open the public hearings AZ 15-012 and PP 15-012. I will open these with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for annexation and zoning and a preliminary plat. This site consists of 52.46 acres of land. It's currently zoned RUT in Ada County and is located southwest of West Harris Street and South Meridian Road. A little history on this property. In 2008 an amendment to the future land use map was approved for the northeast portion of this site to change the future land designation from medium density residential to high density residential. The applicant has applied for annexation and zoning of a total of 52.46 acres of land, 36.66 acres of which with an R-8 zoning district and 15.8 acres with an R-40 zoning district, consistent with the associated future land use map designations of medium density residential and high density residential. The applicant proposes to Meridian City Council September 22, 2015 Page 20 of 32 develop 119 new single family residential detached homes in an R-8 district and 224 apartment units in the R-40 zone. This is an exhibit showing the proposed zoning. R-40 on this. And R-8 to the south. The multi-family portion is proposed to consist of five structures with a combination of two and three stories and 18 and 24 units in each structure and does require conditional use permit approval in the future. The preliminary plat as shown consists of 119 single family residential building lots, one multi-family residential building lot, nine common lots and one city well lot. The minimum property size of the single family lots is 7,049 square feet, with an average lot size of 9,177 square feet. The subdivision is proposed to develop in four phases as shown on the preliminary plat. The applicant has submitted a revised plat since the staff report was written and that is shown there on the screen. A 75 foot wide easement for the Williams Pipeline bisects this site. It is the green corridor at the pathway. You can see here on the right. Oops. All development within the easement must adhere to the most current standards in the Williams Gas Pipeline Developer's Handbook. The Sundial Lateral bisects the western portion of this site and is proposed to be relocated and piped along the west boundary of the site. The Tumbler Lateral runs along the northeast boundary and is also proposed to be piped. A 20 foot wide landscape street buffer is required along Harris Street and south Redwater Avenue, both collector streets. Harris is the one that comes in here and Redwater is the one the runs along the west boundary of the site. A total of 7.95 acres or 15.16 percent of qualified open space is proposed with the development, consisting of a 1.77 acre park there at the northwest corner. Parkways along local and collector streets. A 75 foot wide open space corridor where the gas pipeline is located. Micropaths and open space areas. A ten foot wide multi-use pathway is proposed through the gas pipeline corridor in accord with the master pathways plan. A bocce ball court or horseshoe pit area and park benches are proposed as site amenities in accord with UDC standards. A city well lot is proposed within the park area at the northwest corner of the site. A 99 year lease will be provided to the city and the well lot will be deeded at the time of final platting. Access is proposed via the extension of West Harris Street from the northeast. Again, that's the street right here. And when Biltmore Subdivision develops to the north access will be available via South Kentucky Way. And coming up right there. Stub streets are proposed for future extension to the west, east and south. A north-south collector street is proposed off site along the west boundary in accord with the master street map, which will eventually extend south to Amity Road. A traffic impact study was submitted to and reviewed by ACHD. As recommended in the study, ACHD is requiring, if allowed by ITD, a dedicated southbound right turn lane and eastbound left and right turn lane at the State Highway 69 Meridian Road-Harris Street intersection prior to plan approval or signature on the first final plat. The Commission recommended approval of the subject applications. Becky McKay testified in favor. No one testified in opposition. Vicki Laidlaw and Gordon Hamilton commented on the application and written testimony was received by the applicant Becky McKay. There were no real key issues of discussion by the Commission, although the Commission did make changes to the staff report, they modified conditions as requested by the applicant in a response letter to the staff report and recommended by staff. Those are reflected in the Commission recommendation to Council document. There are no outstanding issues from the Commission meeting for City Council and there has been no written testimony received by the city since the Commission hearing. Based on the applicant's response to the staff report submitted prior Meridian City Council September 22, 2015 Page 21 of 32 to the Commission hearing, staff is recommending condition number 2.1.2 is revised to read: Applicant shall be required to connect to the proposed 12 inch water main located in South Kentucky Way as part of the future Biltmore Estates Sub -- development. The applicant shall be required to extent the proposed 12 inch water main proposed by Public Works in Harris Street west in the extension of Harris Street and south in the proposed collector South Redwater Avenue. The city project is being proposed as part of the fiscal year 2016 budget. Therefore, service must be considered contingent at this time. This change is due to the boundary of this project not extending to West Amity Road as anticipated by staff in the staff report. Staff will stand for any questions the Mayor and Council may have. De Weerd: Thank you. Councilman Zaremba. Zaremba: Madam Mayor. I'm understanding all the stub streets and the future connectivity, but since Harris is going to be the current access -- is that paved all the way to Meridian Road? Watters: Madam Mayor, Councilman Zaremba, no, it is not. It would be extended with the Biltmore Estates development to the north. Zaremba: So, there will be a period of time where the only access to this is unpaved? That's what I'm not understanding. Watters: It likely won't be developed until the access from Harris is extended or they construct it with consent from that property owner. I'm sure the applicant can speak to that. Zaremba: Okay. Watters: I would like to make a further note. I forgot to mention the conceptual building elevations for the single family homes that were submitted by the applicant also as shown. De Weerd: Any other questions for staff? Okay. Would the applicant like to make comment? McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay with Engineering Solutions. 1029 North Rosario, Meridian. Business address. I'm representing Mr. Centers on this application. He will be developing this particular piece of property under his Star Development, Inc., company. De Weerd: Thank you, Becky. McKay: Whoa? I think I got this caught. Watters: Becky, you have to pull that to release it. Warren will help you. Meridian City Council September 22, 2015 Page 22 of 32 McKay: Oh, there we go. De Weerd: Sorry. Trying to make it a challenge. McKay: Always throwing me a curve ball. Keeps me on my toes. This particular 52 acres is located just south of Harris Street. As Councilman Zaremba indicated, Harris Street is improved to the western edge of Meridian Heights Subdivision. Mr. Centers came through the City Council with Biltmore Subdivision here, what was it, last year. We have our first phase and second phase constructed. An extension of Kentucky Way will come up and intersect with Harris Street. Therefore, with Kentucky Way going down and connecting to Victory there will be two points of ingress and egress. We did provide a traffic study to Ada County Highway District. They evaluated it. They indicated that State Highway 69, if ITD will allow us to install a right turn decel lane that will allow traffic to go into Harris Street and, then, there is enough right of way to add like a left turn bay and a right -- pre- right out of -- onto Highway 69 from Harris allowing for southbound and northbound traffic. Back in 2008 I came through the City Council with a comprehensive plan map amendment, with Hawkins Company, who owned the adjoining property just to the east. They had a regional commercial development that included retail, office, and a multi- family component. One of the things that the Council considered when evaluating my Comprehensive Plan map amendment is the fact that this property is bisected -- I guess it goes this way. Sorry. Bisected by the Williams Northwest Pipeline. That is kind of a natural boundary and what the Council weighed is, well, if we are going to have like a regional commercial type user we should have some transition from single family to that regional commercial development. So, this was designated high density residential. So, what we are bringing before you is an annexation and rezone to high density residential, R-40, for that portion, which is just east of the W illiams Pipeline and, then, R-8 for that portion which lies to the west. We have a conceptual plan that is consistent with the conceptual plan that we showed when we brought that Comprehensive Plan map amendment through. I think with the Williams Pipeline you have that big 75 foot buffer that separates the two uses. It will also have a multi-use pathway that will extend all the way from Meridian Road to Victory. So, that's going to be a nice greenbelt type corridor where we can have bicycles, pedestrians. In your Comprehensive Plan there are also right in the center of the section was a neighborhood park designation. Obviously, you want to connect that greenbelt to the parks and so what we have been doing is we have been planning this particular property owned by Mr. Centers is building a component neighborhood park with each parcel that we bring through the process. So, as you can see, part of -- part of the parcel is in -- or the -- sorry. Part of the neighborhood park is within Biltmore and, then, we have this section that's in this particular development we call Graycliff and, then, the remainder of that neighborhood park would be in the western 140 acres that Mr. Centers owns. And so it is our desire to, obviously, have a total of a seven acre park and that would be located right there. You guys need a well site. We have been working with your Public Works Department. We have signed and submitted a well agreement that we have been working with Mr. Baird on to get that well off and running, so that there can be a second and a third well on that zone five, because that's going to be critical in that upper elevation area that water be extended. So, one of the things that's part of our conditions of approval we obviously have to meet fire flow and that is Meridian City Council September 22, 2015 Page 23 of 32 contingent on, obviously, extension of your Amity Road water main up Meridian Road and down Harris and, then, interconnecting to Kentucky Way's water. This particular piece of property -- we have 119 single family lots that you're looking at. We wanted to, obviously, follow your master plan, which you and the highway district show that Harris Street will eventually connect all the way to Linder Road. There will also be a collector that goes south and connects all the way to Amity. In working on the Biltmore Subdivision one of the things that I promised the Kentucky Ridge residents that we wouldn't put an entrance for the other collector or another roadway directly across from their road. So, that entrance is over in this location. So, it will T into Harris, just like we had initially promised when we did Biltmore, so that we weren't feeding traffic all the way from Amity through the half mile collector and, then, dumping it through their development onto Victory Road. So, we -- we have, basically honored our commitment. As far as the design of the park, we -- Mr. Centers did pay the landscape architect to kind of come up of a conceptual plan that's only for concept purposes, just so that the city could see that their standard footprint for a neighborhood park as far as the improvements are concerned will fit. This ten foot multi- use pathway -- better use red -- will run along here. We plan like a couple of park benches so people can walk or sit. We will have amenities right here in our primary open space. We are at about 15 percent open space and I guess we hope that the city is still in agreement for the neighborhood park. We heard kind of rumblings through the Parks Department that, well, you know, we have a regional park that's going to go in south Meridian area and, therefore, we are not sure as far as the dollars that will be allocated to neighborhood parks. We have kind of, you know, been going in the direction that -- that there would be a neighborhood park in the center of this section. I hope that that's still the opinion of the Council and the Mayor and so I guess I'd like some feedback on that. One of the challenges of this parcel is the fact that it is triangular in shape and so I tried to basically make the streets so that they would T into other streets, so we didn't get long straight blocks with traffic speeds that exceed that of a neighborhood. So, by taking these streets, diving them in -- T'ing them into these roadways, creating a collector here at the entrance, another outlet here that will come into that southern collector, you know, we kind of disperse the traffic. We created a nice micropath that comes through the mid section. We also have interconnectivity to our multi-family component. Obviously at this juncture it's kind of premature to design a multi-family component. What we did is provide this concept to staff, so that they could see that it would work and that that shape of that parcel is viable for a multi-family. We are also creating stub streets for interconnection, cross-access to the Hawkins parcel. They have not proceeded forward with their development agreement. I believe their time has ran out. But they still have the property under option and it is designated on the Comprehensive Plan as like regional mixed use. We feel that we have a good project. The homes that Mr. Centers is building out in Biltmore, they will be similar style. These particular lots are a little bit narrower. Their average square footage is a little over 9,000 square feet. Our sizes range from about seven to 16 thousand. So, we have a variety. The homes -- this kind of gives you an idea of the architectural style. These -- these are some of the ones, like I said, that were going into Biltmore. In this particular project we have also stubbed to Mrs. Laidlaw. She did attend our Planning and Zoning Commission hearing. She had two comments. She wanted to make sure that, one, we fenced the southern boundary that adjoins her. Two, that we would provide some type of fence on the exterior, like electric fence, in the event Meridian City Council September 22, 2015 Page 24 of 32 that she has put some animals in her pasture. She said she didn't have animals now, but she may want them in the future and, obviously, vinyl fences and large animals don't mix. She also asked if -- that we would install some type of just small play equipment for the little kids, so that they had something like right here at the southeast portion of our project, since the neighborhood park play equipment will be at the northwest area. It's kind of, like I said, a challenging site. I think we have done a really good job of making it work. Our density -- we are roughly in -- the single family portion is about 3.27 units per acre gross and I think 4.75 net. We have a really -- you know, this is an opportunity in this section to get these collectors in and I think Mr. Centers has been approaching it correctly. We are now doing the planning on the western 140 acres, so the third component of the plan will be coming in, basically completing that neighborhood park. We have reviewed all of staff's conditions. We are in agreement and do you have any questions that I could answer? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm just full of questions tonight, Becky. So, one question is regards to your -- the high density residential. McKay: Yes. Milam: So, there are no amenities in that area -- in that area or are we just using the park? McKay: As far -- Madam Mayor, Councilman Milam, as far as the multi-family component is concerned, they will have to have their own amenities. In our conceptual plan we showed like a clubhouse, a pool, a rental center, something along that line. You are not approving any specific number of units or any specific site plan this evening. They will have to come through with a conditional use permit and a site plan, landscape plan. Elevations. We did kind of -- like I said, a conceptual view, because it's always kind of been the Council's idea that we don't want to annex and zone something unless we can kind of see what you're -- what the intent is and so this kind of gives -- tells you what the intent is. You know, we have kicked around different ideas, you know, maybe a senior center type thing. Also might -- this might be a good area. Obviously, you need that retail component, so that people can walk to shopping and that's kind of a chicken and egg. Unfortunately, the multi-family is always like the last component. Invariably. It's been that way at Lochsa Falls, it was that way, you know, at Bridgetower that it's always kind of contingent, chicken and egg type deal. Single family is first and, then, we get the retail and, then, we get the multi-family. So, we want to make sure that everyone is aware and the staff thought so, too, this is multi-family. Planned for multi-family. It's on the comp plan land use map. It was shown when we annexed and zoned it, so everyone is aware. Milam: Put a sign up for the people that buy these properties, so they come here and fight next time when you come back. Meridian City Council September 22, 2015 Page 25 of 32 McKay: Council has had me do that on occasions, yes. It's in the CC&Rs that this -- this property is a high density residentially zoned property and will develop as such, yes. Milam: Madam Mayor? And my other question really is -- may be answered by the same type of answer, but in the ACHD report or study they didn't mention the multi-family and I just want to make sure that was not a -- oh, I logged out. Okay. There. So, in the ACHD study it just says 119 single family dwelling units. McKay: Madam Mayor, Councilman Milam, that is because we are only annexing and zoning it. So, they -- what they will require is when the multi-family component comes in as a conditional use they would have to provide a new traffic study and they would meet -- most likely meet the warrant for a signal. A signal is eventually planned at Harris and Meridian Road. It was also a requirement of Cavanaugh Ridge Subdivision that the -- if they came in first that they would install a signal. Hawkins had a condition from ACHD If they came in first, if this multi-family component comes in it would warrant it. With our 119 lots it doesn't warrant it and, of course, you have to meet the warrant in order to install the light. So, yes, it would have to come back through hearing and have a traffic analysis in itself. Milam: Thank you, Becky. De Weerd: Any questions from Council? Bird: I have none. De Weerd: Thank you. McKay: Thank you. De Weerd: This is a public hearing on Items 8-C and D. Is there anyone who would like to provide testimony on these two items? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how nobody wants to testify anymore, I move we close AZ 15-012 and PP 15-012. Milam: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-C and D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council September 22, 2015 Page 26 of 32 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 15-012 and to include all staff, applicant, and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-C. I know Becky had mentioned the signage about the multi-family, that she has done that in the past. I would like to make sure that's included in -- Bird: And that was included, because she mentioned that she would do it, so -- and my motion said that. De Weerd: Okay. Well, just wanted no question on that. Also just that it's noted in the marketing material. We have seen some of those -- these plats as they are marketing the single family that it excluded the multi-family and just want to be clear. Any further discussion from Council? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we have approve PP 15-012 and to include all staff, application, and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-D. Any discussion by Council? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. Meridian City Council September 22, 2015 Page 27 of 32 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Community Development: Discussion and Update on the RFQ's for Building Inspection Services, Plans Examiner Services 1. Approval of Professional Services Agreement with Idaho Division of Building Safety for Commercial and Residential Plans Examiner Services Approved 2. Approval of Professional Services Agreement with Idaho Division of Building Safety for Building Inspection Services De Weerd: Okay. Under Item 9-A, we -- Department Reports. I will turn this over to Mr. Chatterton. Chatterton: You could have said Bruce, Madam Mayor, and you would have been right regardless. Mayor and Council Members, very happy to present to you tonight the results of our RFQ process for two very important contracts. Building plan review and building inspection. This process was very competitive. We were really gratified to receive at least four submissions for each of the contracts and each of the folks putting in submissions under the RFQ were highly qualified. So, that was a really good result. You always want to be able to have a -- to be put in a position of making a -- making a hard choice on something like this. So, the result is we are recommending that you approve a professional service agreement with both -- for both contracts with the state of Idaho's Division of Building Safety. We wanted to talk a little bit about the results. From DBS we expect the -- both the quality and the comprehensiveness, as well as the thoroughness of the work to approve for plan review and inspection with DBS. We now get full-time coverage, a full-time presence, where currently we have part time coverage in our office. It's important to note, though, that this is not a change in our system of using contractors to perform plan review and inspections. There is no change there. It's simply a change in the contractor's performing those services for us. As I say, we -- we believe that we are going to have the -- improve the quality of services, the thoroughness, comprehensiveness of them, without spending anymore and perhaps saving a bit of money. Obviously it's -- it's difficult to estimate that, but in terms of the overall numbers it's looking like we are going to be able to save a bit of money. We have a lot more information that we could give you. I guess my question is what more would you like to know about this process. Obviously, the next thing on the agenda is the approval of both professional service agreements. Ron Whitney with DBS is here in the audience, if you have any questions for him, and we are expecting this to be the beginning of a -- of a great relationship -- actually, the continuation of a great relationship, because, as you know, DBS currently holds the contracts for electrical and mechanical inspections and review and is performing admirably under those contracts. So, I guess my question for Meridian City Council September 22, 2015 Page 28 of 32 you is do you have questions. We certainly can get more down into the details of this if you wish. Bird: I have none. De Weerd: Council, any questions? Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: One question, Bruce. When -- when would they begin and if there is any lag or any wait time, what do we do in the interim? Chatterton: Madam Mayor, Councilman Cavener, they would begin October 1st and so there would be no -- no interruption in service. In fact, I understand that DBS has already ramped up to make sure that they have the boots on the ground as we need them. Cavener: Great. Excellent. Nice job. De Weerd: Okay. Any other questions? Mr. Zaremba. Zaremba: Just -- I think I know the answer to this. We supply space at our facility for them to work; is that correct? I know they are out -- probably out in the field quite a bit, but they can do their work here in City hall? Chatterton: Madam Mayor and Council Member Zaremba, yes, we do provide office space for them here. We also provide laptops with Accella automation. Very important for us. But, of course, they have a Meridian office as well. So, they have an additional backup having an office close by. Zaremba: Thank you. Freckleton: Madam Mayor, Members of the Council, I just want to maybe add to what Bruce said. In the area of plans examining for residential and commercial, one of the enhancements that we are looking at with regard to the office space is that the state of Idaho has a very robust electronic document review software system that has been very successful statewide. There is an opportunity to possibly have their plan review services based out of their Meridian office and we handle the -- the transmission of plans and the review and comments back to our applicants and that sort of thing electronically. So, very good chance that the plans examiners will not be in City Hall. However, the inspectors will. We feel it's very important to have the inspectors here, having the dialogue with our staff, having the dialogue with the other trade inspectors. It helps bring consistency to our approach and it just helps with the overall communication in the office, so -- Meridian City Council September 22, 2015 Page 29 of 32 De Weerd: Thank you, Bruce. Bruces. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You did a great job on this. I thank you and if we have no more questions, I would move that we approve the professional services agreement with Idaho Division of Building Safety for commercial and residential plans examiner services. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-A-1. Any discussion? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Chatterton: Madam Mayor, one final note I should add. I would be remiss if I didn't take just a moment to knowledge the long service, more than 20 years of Daunt Whitman at Whitman and Associates. Change can be hard, but we appreciate the dedication of Daunt and his team over these years. Just thought it was important to -- to remember that. They have been a big part of our team. De Weerd: Certainly I would have noted it myself at the end of this item. I do think that Daunt has been the face of our city for many years and he has given -- he's weathered the storm with us and certainly the high -- the high -- the high notes as well. But I -- I hope that there will be a celebration and an opportunity for all of us to come by and give our respects. Chatterton: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve -- approval of the professional services agreement with Idaho Division of Building Safety for building inspection services. Cavener: Second. Meridian City Council September 22, 2015 Page 30 of 32 Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-A-2. Any discussion by Council? Bird: I have none. De Weerd: Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: And thank you for the thoughtful process that was put together and insuring that not only do we get a good value for the money that we do pay, but continue to look at quality and life safety issues as a priority for the city. So thank you. Item 10: Ordinances A. Ordinance No. 15-1660: An Ordinance (AZ 15-007 Sovi Subdivision) for Annexation and Rezone of a Parcel of Land Located in the NE ¼ of the NE ¼ of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho De Weerd: Okay. Item 10-A is Ordinance No. 15-1660. Madam Clerk, I will ask for this ordinance to be read by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1660: An Ordinance (AZ 15-007 Sovi Subdivision) for Annexation and Rezone of a Parcel of Land Located in the NE ¼ of the NE ¼ of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A. And annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-15, Medium High Density Residential District, in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date . De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? I don't see anyone jumping up and down. Milam: Madam Mayor? Meridian City Council September 22, 2015 Page 31 of 32 De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve Ordinance No. 16-1660 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 15-1661: An Ordinance (AZ 15-005) Stonesthrow Subdivision for Annexation and Rezone of a Parcel of Land Located Approximately ¼ Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue, in the NE ¼ of Section 9, Township 3N., Range 1E., Boise Meridian, Ada County, Idaho De Weerd: Item 10-B is Ordinance No. 15-1661. Madam Clerk, will you, please, read this by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1661: An Ordinance (AZ 15-005) Stonesthrow Subdivision for Annexation and Rezone of a Parcel of Land situated in the NW 1/4 of the NE 1/of Section 9, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situation in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-40, High Density Residential District, in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date . De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 15-1661 with suspension of rules. Meridian City Council September 22, 2015 Page 32 of 32 Bird: Second. De Weerd: I have a motion and a second to approve Item 10-B. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd: Council, under Item 11, the Parks Department has requested that at our next workshop we have a joint meeting with the parks commission for presentation by Green Play. We do have our strategic plan presented by the Public Works, as well as some design standards, so it will be a full workshop, but it will give incentive to end by 5:30 where we could post for a second special meeting with the -- a joint meeting with the parks department. Anyone have any concern about that? Bird: I have no problem at all. I think it's great. De Weerd: Okay. Any other items for consideration under future meeting topics? Bird: I don't. De Weerd: Okay. With that I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:34 P.M. (A FILE OF THESE PROCEEDINGS) /D / 13 MAYOR TA Y de WEE DATE APPROVED �$GO4�0gp.TEDAU�.Lsrl joW ATTEST: ., Cit,y of EPIDIAN- 0 J EE OLMAN, CITY CLE I SEAL jrF�Ode rRFAS�� Changes to Agenda: None Item #8A and B: Creason Creek Subdivision (AZ -15.009; PP -15-014; ALT -15.020) Application(s): ➢ Annexation and Zoning ➢ Preliminary Plat ➢ Alternative Compliance Size of property, existing zoning, and location: This site consists of 16.08 acres of land, is currently zoned RUT, and is located near the southeast corner of N. Linder Road and W. Ustick Road. Summary of Request: The applicant, CS2, LLC, has submitted an application for annexation of 16.08 acres of land from RUT zoning district to the R-8 (Medium high-density Residential) zoning district, a preliminary plat consisting of fifty one (51) single-family residential lots and eight (8) common lots on approximately 15.75 acres of land; and alternative compliance to deviate from the landscape standards setforth in UDC 11-313-7C. The subject property has a land use designation of Medium Density Residential (MDR) and Civic (C) on the Comprehensive Plan Future Land Use Map. The MDR designated anticipates densities between 3 to 8 dwelling units per acre. The gross density of the development is proposed at 3.24 dwelling units per acre. The length of NW 13th St. exceeds the 750 foot maximum block length set forth in UDC 11 -6C -3F. At the time Southwick Subdivision was approved the applicant received approval for a longer block length and pedestrian connectivity was not required. To mitigate the block length, staff is requiring the applicant to install traffic calming measures on NW 13th St. in coordination with ACRD. Access to the site is via the extensions of W. Lowry and W. Pebblestone Drive, both from the east (Southwick Subdivision). The future homes constructed within the subdivision will take access from local streets in accord with UDC 11-3A-3. The proposed stub streets are W. Pebblestone Drive, and NW 14th Street. Landscaping and Alternative Compliance (ALT): A 25 -foot wide street buffer is required along N. Linder and W. Ustick Roads. Due to the Five Mile Creek and the floodway designation, the applicant has requested alternative compliance for the 25 -foot wide landscape buffer along N. Linder Road. The Director has approved alternative compliance to landscape the nature park with fescue grass. Other improvements include a 5 -foot side walk and a 5 -foot wide walking path. The required trees will be planted on the east side of the Creason Lateral adjacent to a grove of mature trees. Common Open Space & Site Amenities: The applicant is proposing 4.56 acres of open space as part of the development which consists of a dog park, covered picnic area, playground equipment, picnic tables, benches, a nature park a 10 foot multi -use pathway and several pedestrian bridges. The proposed open space is excess of the UDC requirements due to the several waterways and the limitations imposed by the floodway designation. Fencing: The applicant is proposing 6 -foot tall wrought iron fencing along the entire length of the Creason Lateral that traverses the proposed development. No other fencing has been proposed for the subdivision. With the final plat application, the applicant shall provide a detailed fence plan and eliminate the wrought iron fencing from encroaching within the floodway. Ditches, Laterals, and Canals: The applicant is seeking a waiver from Council to allow the Creason Lateral to remain un -tiled due to the size of the facility as allowed under UDC 11-3A-6A3.b. The Five Mile Creek will remain open because it is a natural waterway. Elevations: The proposed elevations have been provided and the applicant is conditioned to comply with them in the development agreement. Commission Recommendation: Approval a. Summary of Commission Public Hearina: i. In favor: Bob Unger ii. In opposition: Robin Brooks, Jan Nettleton iii. Commenting: Randall Birch, Michael Buckius iv. No opinion: Stephanie Hale, Lynette King, Pegge Trelford, Tom Trelford, Dorothy Olsen, Dave Nettleton, Carol Mattson, Morris Mattson v. Written testimony: Robin Brooks, Wilfred Sindon vi. Staff presenting application: Josh Beach vii. Other staff commenting on application: Bill Parsons Key Issue(s) of Discussion by Commission: i. The pressurized irrigation system proposed for the subdivision. ii. Quality of the amenities within the subdivision. iii. Construction of the temporary turnaround on the adjacent property to the north. iv. Orientation of homes on Lots 13-15, Block 1. Key Commission Chanqe(s) to Staff Recommendation: i. Include in the DA that the applicant provide commercial grade play structure, benches, and picnic tables within the development (See condition 1.1.1 Q. ii. The Commission reaffirmed that the elevations be part of the recorded development agreement as proposed in DA provision 1.1.1a. Outstanding Issue(s) for City Council: i. The applicant is seeking a Council waiver to leave the Creason Lateral open. Six (6') foot tall wrought iron fencing i; proposed along a portion of the lateral that is outside of the floodway. Written Testimony since the Commission Hearing: Wilfred Sindon and Bob Unger Item #8C, D: Graycliff Estates (AZ -15.012; PP -15-012) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 52.46 acres of land, zoned RUT in Ada County, located southwest of W. Harris Street & S. Meridian Road. History: In 2008, an amendment to the FLUM was approved for the northeast portion of this site to change the future land use designation from MDR to HDR. Summary of Request: The applicant has applied for annexation & zoning of a total of 52.46 acre of land; 36.66 acres with an R-8 zoning district & 15.8 acres with an R-40 zoning district, consistent with the associated FLUM designations of MDR & HDR. The applicant proposes to develop 119 new SFR detached homes in the R-8 zone & 224 apartment units in the R-40 zone. The multi- family portion is proposed to consist of (5) structures with a combination of 2- & 3 -stories and 18 & 24 -units in each structure and requires CUP approval. The preliminary plat consists of 119 SFR building lots,1 multi -family building lot, 9 common lots and 1 City well lot. The minimum property size of the SFR lots is 7,049 s.f. with an average size of 9,177 s.f. The subdivision is proposed to develop in 4 phases as shown on the preliminary plat. The applicant has submitted a revised plat since the staff report was written as shown. A 75' wide easement for the Williams gas pipeline bisects this site. All development within the easement must adhere to the most current standards in the Williams Gas Pipeline Developer's Handbook. The Sundall Lateral bisects the western portion of this site & is proposed to be relocated & piped along the west boundary of the site. The Tumbler Lateral runs along the northeast boundary of the site & is also proposed to be piped, A 20' wide landscaped street buffer is required along Harris St. & S. Redwater Ave., both collector streets. A total of 7.95 acres (or 15.16%) of qualified open space is proposed within the development consisting of a 1.77 acre park, parkways along local & collector streets, an 75' wide open space corridor where the gas pipeline is located, micro -path lots & open space areas. A 10' wide multi -use pathway is proposed through the gas pipeline corridor in accord w/the Pathways Master Plan; a bocce ball court or horseshoe pit area and park benches are proposed as site amenities in accord with UDC standards. A City well lot is proposed within the park area at the NWC of the site; a 99 year lease will be provided to the City & the well lot will be deeded at the time of final platting. Access is proposed via the extension of W. Harris Street from the northeast & when Biltmore Subdivision develops to the north, access will be available via S. Kentucky Way. Stub streets are proposed for future extension to the west, east & south. A north/south collector street is proposed off-site along the west boundary in accord w/the Master Street Map which will eventually extend south to Amity Rd. A TIS was submitted to and reviewed by ACRD. As recommended in the TIS, ACHD is requiring (if allowed by ITD), a dedicated southbound right turn lane & eastbound left & right turn lanes at the SH69/Meridian Road/Harris Street intersection prior to plan approval or signature on the first final plat. Commission Recommendation: Approval a. Summary of Commission Public Hearing: L In favor: Becky McKay ii. In opposition: None iii. Commenting: Vicky Laidlaw, Gordon Hamilton iv. Written testimony: Becky McKay v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. Modify the following conditions as requested by the applicant in her response letter to the staff report and recommended by staff: #11.1.1a; #111k; #1.1.2d; #1.1.3c; 1.1.31; Section 7 will be updated based on the revised ACHD report. ii. Delete the following conditions as requested by the applicant and recommended by staff based on the revised plat: #1.1.2a and #1.1.2c d. Outstanding Issue(s) for City Council: i. None Written Testimony since the Commission Hearing: None Based on the applicant's response to the staff report submitted prior to the Commission hearing, staff recommends condition #2.1.2 is revised to read, "Applicant shall be required to connect to the proposed 12" water main located in S. Kentucky Way as part of the future Biltmore Estates development. The applicant shall be required to extend the proposed 12" water main proposed by Public Works in Harris Street west in the extension of Harris Street and south in the proposed collector (S. Redwater Avenue). The city project is being proposed as part of the Fiscal Year 2016 budget; therefore, service must be considered contingent at this time." This change is due to the boundary of this project not extending to W. Amity Road. Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6A PROJECT NUMBER: TEC 15-004 ITEM TITLE: Shops At Victory Findings of Fact, Conclusions of Law: TEC 15-004 Shops at Victory by Ken Lenz Located Southeast Corner of S. Eagle Road and E. Victory Road Request: One (1) Year Time Extension on the Conditional Use Permit (CUP - 08 -011) and Preliminary Plat (PP -08-006) Approved MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Memorandum of Understanding - Intermountain Pet Hospital Memorandum of Understanding Between the City of Meridian and Intermountain Pet Hospital Regarding the Donation of Dog Agility Equipment in the Storey Bark Park MEETING NOTES Uv Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MERIDIAN AND INTERMOUNTAIN PET HOSPITAL This MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MERIDIAN AND INTERMOUNTAIN PET HOSPITAL is made this day of '� e 9 Ae" 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Intermountain Animal Hospital, PLLC, a limited liability company, doing business as Intermountain Pet Hospital, organized under the laws of the State of Idaho (hereinafter "IPH"). WHEREAS, City and IPH are mutually interested in enhancing the Meridian community's quality of life by providing spaces where people can bring their dogs for off -leash exercise, play, and socialization; WHEREAS, City's Storey Park, located at 205 E. Franklin Road, Meridian, Idaho, upon completion, will include a designated area where dogs are allowed ofd leash; WHEREAS, IPH wishes to donate to City, for public use in Park, dog agility equipment as described in Exhibit A hereto; WHEREAS, City is grateful to IPH for this donation, as it will enhance the dog park amenity at Storey Park for Meridian residents and visitors, both human and canine; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. IPH CONTRIBUTION. IPH shall contribute to City the dog agility equipment enumerated in Exhibit A hereto. Upon delivery of the dog agility equipment, City shall assume full, irrevocable ownership thereof. II. ACKNOWLEDGEMENT. City shall publicly acknowledge IPH's contribution by posting two signs, approximately eight inches wide and twelve inches high (8"xl2"), inside the dog park at Storey Park ("Signs"). Except as otherwise set forth herein, the Signs shall be posted for seven (7) years, the anticipated useful life of the agility equipment. City's posting of the Signs is a gesture of acknowledgment and gratitude, and shall not be construed as consideration for donation of the agility equipment. If City should remove the Signs, City need not return the agility equipment donated by IPH. City may remove either or both of the Signs in the event of: an act of nature, loss of funding, premature end of the useful life of the agility equipment, or other unforeseeable event; a change in circumstances that renders the Signs or the agility equipment a detriment to the public health, safety, or welfare; or reasoned determination by the Meridian City Council that removal of the Signs is in the best interest of City. MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAGE 1 of 3 III. CITY OWNER OF EQUIPMENT. Upon delivery of the dog agility equipment, City shall be the owner of the equipment and shall, in City's sole discretion, determine whether, how, when, where, and under what circumstances the equipment shall be installed, used, or maintained. If for any reason, City determines that the equipment is no longer safe, useful, or attractive, City may repair or remove such equipment, in City's sole discretion. IV. CITY OWNER OF PARK. Nothing in this Agreement shall prevent City from making any improvements or changes to Storey Park or any component thereof, including the dog park, whether temporarily or permanently, as may be necessary to protect the health, safety, and/or welfare of the public or to fulfill the duties of the Parks and Recreation Department Director as set forth in Meridian City Code. V. NON -APPROPRIATION. IPH acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. VI. APPLICABLE LAW. This Agreement 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. VII. 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. VIII. APPROVAL REQUIRED. This Agreement shall not become effective or binding until approved by the governing body of City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of f b , 2015. INTERMO AIN PET HOSPITAL: Roberf Beede, DVM CITY OF MERIDIAN: BY: Tammy alerd, Mayor 4,e Attest: Jaycee HolWan, City �eoV'AreDAjjC T I ~ u> lty OE ILIA Nk- IDA110 L m "SFS SEAL v MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAGE 2 of 3 1 * T, 444 1111 'Doi 511X1211AGILITY EQUIPMENT DONATION SIGNS & EQUIPMENT LIST Dedicated to healthy pets, happy families and building strong communities Total of Donation: $8,469.90 MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAGE 3 of 3 ty Itern Code Desof UM Pfice E3ch Anmu t 1 6413- AOftyWalk et of 5) EA. PROD 963.ODT 1 I- A Frdme, THigh EA '2140.011 `�,49°S.00T 1 t 5620- %6u ky Tile Hoop, Color Re&BhoTellow Ell 566.0Q 566.00T 1 6402- Dog Wak RmV,; Y Edi 3;41 .0D 2.4%.00T1 6403- Wait Table, 8" I7�- Donaimu EA 0.01► 0.0DT I 1 306- Scottie Seesaw, Color. RedMlve - Domam Edi 0.014 O.ODT 1 6516- FleaVe Weave Pales (Set of 6) - Dcmatkn RA 0.00 0.00T 2 7260 Red FireHyilxmiL 33' high ESP 3 .00 796.09T 1 6703- BOW WON Bawl EA 1,090.041 1,090.00T }** Stboul t** 9,411.OD Loos y taxi S= Disco� 1t-10..yI4q°�`6�{, -941.10 Fra& �-ei_ and g � - 9110.011 } 9W.W Total of Donation: $8,469.90 MEMORANDUM OF UNDERSTANDING WITH INTERMOUNTAIN PET HOSPITAL PAGE 3 of 3 Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Police Department Police Department: School Resource Officer Agreement between Idaho State University/West Ada School District and the City of Meridian MEETING NOTES mr r ? Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Idaho State University / West Ada School District SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and West Ada School District Number 2, Meridian, Idaho hereinafter referred to as "the District", and Idaho State University, Meridian, Idaho, hereinafter referred to as "ISU". WHEREAS, the District and ISU desire increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District and ISU, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District, ISU, and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractors, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 1 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at the designated campus, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at the Unified School District #2 main administration building and Idaho State University Meridian complex located at 1303, 1307, and 1311 E. Central Drive, Meridian, Idaho, hereinafter referred to as the "Campus". 4. As a member of both schools management teams, the SRO shall endeavor to maintain open and regular communication with the assigned school officials and shall positively promote the schools, staff, students, and administration to the community. 5. The Meridian Police Chief, the District, and ISU will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school officials whenever concerns or problems regarding scheduling, duties, or other items occur. The SRO shall maintain high visibility with students during breaks and meal periods. 2 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's or ISO's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. Parental Notifications for students of the District or a student under 18 years of age at ISU. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the District principal and/or a student's parents about the interaction of the SRO with students from the district or student under 18 from ISU: L When an SRO interviews a student in the course of investigating a crime at the campus location, the SRO shall notify the school officials, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the District / ISU officials, or designee. 3 iii. Upon receiving notice of any of the above circumstances from an SRO, the District officials, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the district official may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the District official is aware the official may then give the parent or guardian that information. iv. If a student's parent or guardian contacts the District / ISU officials about interviews conducted by an SRO, the officials may disclose any information received from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the officials are aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use a suitably trained police officer in meeting its obligation herein, whom should be physically present at the campus location referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District, ISU, and the Meridian Police Department. If scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with the District / ISU officials to provide adequate coverage. 4 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District and ISU may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District or ISU. The SRO shall inform the school officials, or their designees, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 25, 2015, and ending June 3, 2016. It is agreed under the terms of this Agreement that the SROs shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2015, and will complete the obligations one (1) day after the last day of classes in June 2016. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, 61 the start and end dates of the 2015 — 2016 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District and ISU shall pay the total sum of $25,000.00 each ($50,000.00 total) to the City of Meridian in two installments. One-half ($12,500) shall be paid on January 30, 2016 by both parties, and the balance on or before May 31, 2016 by both parties. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District or ISU shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for the campus at which the District or ISU is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of one police officers for each event. b. If an event should arise that is not on the original special event list provided by the District or ISU, the Community Service Division (CSD) SRO Sergeant shall attempt to provide the law enforcement officers to comply with the request. 0 RECORD OF TIME AND REIMBURSEMENT C. SRO's who attend a special event at his/her designated school and/or officers who work at special events at the request of the District or ISU Officials shall complete a Meridian Police Department Time Slip for the event and the requesting officials or his/her designee may sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the District or ISU hosting the special event(s) at which SRO(s) or other officers worked at the end of each month. The District or ISU shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District or ISU shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District or ISU may desire to have the Meridian Police Department provide additional security services for sanctioned school events at other locations. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District / ISU agrees to provide the SRO with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or ISU, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays not observed by the District or ISU. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against them which arises from acts or omissions of the District or ISU, its officers, agents, or employees, the District or ISU shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event the District or ISU or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend 0 and indemnify the District, ISU and their officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District or ISU personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District or ISU. 21. This Agreement may be cancelled by any of the three parties for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's or ISU's failure to timely correct the default in its performance, the District or ISU shall pay to the City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Assistant Superintendent has the authority to execute this Agreement on behalf of the District; The Provost and Vice President for Academic Affairs have the authority to execute the agreement on behalf of Idaho State University; and she/he shall promptly bring this Agreement before said Board of Trustees (District) and Vice President of Finance and Administration (ISU) for its ratification. Idaho. 23. This Agreement shall be interpreted in accordance with the laws of 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 9 25. This agreement may be modified only by a mutually executed written addendum signed by the Meridian School District Assistant Superintendent, the Idaho State University Director of Public Safety and the Associate Vice President of University Programs and the Mayor of the City of Meridian. 26. The District and ISU officials, in writing, shall provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the designated official when so required pursuant to this Agreement. 27. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Joe Yochum Chief Operations Officer West Ada School District 1303 E. Central Drive Meridian, Idaho 83642 Bessie Katsimlometes, Ph.D. Associate Vice President of University Programs Idaho State University 1311 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10 28. 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. it DATED this day of r , 2015. CITY OF MERIDIAN BY: Tmy de a erd Mayor o ridian BY: J f Y IV�eridian Chief of Polio ATTEST: City Clerk City of ti E 101A N,- A10 ,a Oy S l Wes da School 4 District y ti� D'T4� TREAS��`yn By. Che Opera ' ns Offic r SEAL By:� Chairman of the Board �9�_JI ATE UNIIVERS Y r-� Zell,- '-A �-- Is e-- is Fletcher President, Finance and Administration 12 Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6D ITEM TITLE: Approval of Contract - Liquid Emulsion Polymer Approval of Contract Amendment for "Liquid Emulsion Polymer" to BASF Corporation for the Not to Exceed amount of $171,000.00 MEETING NOTES $R Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Laurelei McVey Date: September 11, 2015 Re: September 22, 2015 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 22n City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to extend the contract for "Liquid Emulsion Polymer" to BASF Corporation in the Not -To -Exceed amount of $171,000.00. Recommended Council Action: Approval of Contract Amendment to BASF Corporation for the Not -To -Exceed amount of $171,000.00. Thank you for your consideration. 0 Page 1 E IDI N. IOAFIO -CITY OF MERIDIAN CONTRACT AMENDMENT No 2 BASF CORPORATION LIQUID EMULSION POLYMER 'CONTRACTOR NAME; DEPARTMENT NAME: CITY OF MERIDIAN BASF CORPORATION WASTEWATER -,ADDRESS: ADDRESS: 100 Park Avenue 3401 N Ten Mile Rd Florham Park, NJ 07932 Meridian, ID 83642 CURRENT CONTRACT i FORMATION: Contract name & Project No. l.iauid Emulsion Polymer— PWA 2-10373 Amendment Date: 8-10-2015 Previous Amendments: 1 Current Contract Dates: START: 10-23-2012 COMPLETION: 9-30-2015 Current Contract Amount Inclusive of Previous Amendments to Date): $450,484.28 AMENDMENT OPTIONS AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): The City of Meridian is opting to extend this contract for an additional one year. This is the first year of two additional one ear op tions to extend the contract. BASF will guarantee product pricing at 1.23/lb for an additional 12 months. NEW CONTRACT INFORMATION: Amendment Date: 10-1-2015 New Contract Dates: START: 10-1-2015 COMPLETION: 09-30-2016 Amount of Amendment Change:-- $171,000,00 Current Contract Amount (Inclusive of PreviousAmendmments to Date): $620,484.28 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND INF ORCE AND EFFECT. CITY OF MERIDIAN-'- BY. ERIDIAN'_BY: TA MY d1 ER , AYOR _ Dated: � nUC1,s Council Approval Date: f l City of TDTAN 16AF10 SEAL rF'T`� °r the 7R4'nSJ��,T BASF CRPORATION Approved by City as to BY: P AGENT Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Approval of Contract - Bulk Ferric Chloride Approval of Contract Amendment for "Bulk Ferric Chloride" fo Weschem, Inc for the Not fo Exceed amount of $95,000.00 MEETING NOTES 11 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Laurelei McVey Date: September 11, 2015 Re: September 22, 2015 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 22n City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to extend the contract for "Bulk Ferric Chloride" to Weschem, Inc in the Not -To -Exceed amount of $95,000.00. Recommended Council Action: Approval of Contract Amendment to Weschem, Inc for the Not -To -Exceed amount of $95,000.00. Thank you for your consideration. 0 Page 1 L ITY OF MERIDIAN CONTRACT AMENDMENT No 3 WESCHEM, INC BULK FERRIC CHLORIDE CONTRACTOR NAME: DEPARTMENT NAME: WESCHEM, INC WASTEWATER ADDRESS: ADDRESS: P O Box 4072 3401 N Ten Mile Rd Boise, ID 83711 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract name & Project No. Bulk Ferric Chloride —WW -13-10427 Amendment Date: 8-5-2014 Previous Amendments: 2 Current Contract Dates: START: 10-1-2014 COMPLETION: 9-30-2015 Current Contract Amount Inclusive of Previous Amendments to Date): $179,000.00 AMENDMENT OPTIONS AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): The City of Meridian is opting to extend this contract for an additional one year. This is the second year of the 3 (three) one year optional extensions. Weschem will guarantee product pricing at 0.15/lb for an additional 12 months. Pricing includes service if needed. See attached email. NEW CONTRACT INFORMATION: Amendment Date: 10-1-2015 New Contract Dates: START: 10-1-2015 COMPLETION: 09-30-2016 Amount of Amendment Change: $95,000.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $274,000.00 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERI IAN BY: T MMY,de ERD, MAYOR Dated: Council Approval Date: City of rte. LA IDIAN& EE H AN, C CLERA IDA _"° SEAL f ti WESCHEM, INC Dated: Y—( q —1y— Council 1y— Approved by City as to Content BY: /'�' KEITH S, 151-111CKgSWAGENT August 6, 2015 Ms. Laurelei McVey Meridian Public Works Suite 200 33 Broadway Meridian, ID 83642 Re: Bid Extension Dear Laurelei: This letter will serve to confirm pricing for extending Bid No. PW -13-0659e for ferric chloride. Weschem Inc. will guarantee pricing for this product at $0.15l1b. for a contract extension period of 12 -months. The ferric chloride is stocked locally in Nampa, ID. Normal lead time is 3-5 days, with emergency shipments being available. Please feel free to contact either me if you have any question. Best regards,.. Weschem Inc - �?4 Mark M. Plafcan Vice President Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6F li ► ► = -1 LIP ITEM TITLE: Approval of Bid Kemira Water Solutions Approval of Award of Bid and Agreement to Kemira Water Solutions, Inc. for "PolyAluminum Chloride Solution" for a Not -to -Exceed amount of $77,235.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS kv I �- rft =11 To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Laurelei Mcvey/PM Date: 9-10-2015 Re: September 22"d City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 22" City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to KEMIRA WATER SOLUTIONS, INC for "POLYALUMINUM CHLORIDE SOLUTION" for a Not -To -Exceed amount of $77,235.00. Recommended Council Action: Award of Bid and Approval of Agreement to KEMIRA WATER SOLUTIONS, INC for the Not -To -Exceed amount of $77,235.00. Thank you for your consideration. 0 Page 1 CONTRACT / AGENDA CHECKLIST Date: 8/20/2015 REQUESTING DEPARTMENT Wastewater Fund: 60 Department: 3510 GL Account: 52015 Project # 10317 Construction: Task Order PSA Equipment Project Name: PolyAluminum Chloride Project Manager: Laurelei McVey Department Representative: i I Contractor/Consultant/Design Engineer: Kemira Water Solutions i Budget Available (Attach Report): Yes Contract Amount: $77,235.00 i Will the project cross fiscal years? Yes No x I i Budget Information: FY Budget: FY16 Enhancement #: Grant #: j Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) na (Type in date verified and the status) Date Award Posted: September 8, 2015 10 day protest period: September 18, 2015 PW License # na Expiration Date na Corporation Status Goodstanding Insurance Certificates Received (Date): September 14, 2015 Expiration Date: April 1, 2016 Rating: A Payment and Performance Bonds Received (Date): na Rating: na Builders Risk Ins. Req'd: Yes na No na If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: September 14, 2015 Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) AGREEMENT FOR SUPPLIES POLY -ALUMINUM CHLORIDE SOLUTION THI$.AGREEMENT FOR EQUIPMENT/ SUPPLIES PROCUREMENT is made this of,2015 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 Kemira Water Solutions Inc, hereinafter referred to as "SUPPLIER", whose business address is 4321 W. 6�St., Lawrence, KS 66049. INTRODUCTION Whereas, the City has a need for services involving the procurement of POLY -ALUMINUM CHLORIDE SOLUTION; and WHEREAS, the Supplier 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. Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies 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 document titled "Supply Specifications & Requirements" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The Supplier 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 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. Except for that representation and any representations made or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 1 of 12 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not -To -Exceed $77,235.00 in Fiscal Year 2016) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, 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 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. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2016 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 The City reserves the right to extend the resulting contract for up to three (3) additional one year terms from the date of expiration, provided such extension is mutually agreeable to both parties. Any such extension must be in writing in the form of a Contract Amendment and executed by both parties. Pricing is firm fixed and shall be held through the life of the agreement. 3.3 The City reserves the right to extend the Agreement based on the terms and conditions of the Invitation for Bid Document and Specifications for up to three years from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. 3.4 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. 3.5 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 2 of 12 may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.6 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Supplier's business; or c) Death of Supplier 4. Termination: 4.1 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. SUPPLIER may terminate this agreement at anytime by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 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. 5. Independent Supplier: 5.1 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. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 3 of 12 5.2 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. 5.3 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. 6. Indemnification and Insurance: 6.1 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, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER 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 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, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier'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. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof 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 it's 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. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 4 of 12 6.2 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 Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. . 6.3 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. 6.4 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. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7. 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 Kemira Water Solutions, Inc Purchasing Manager Attn: Christina Imbrogro 33 E Broadway Ave 4321 W. 6th Street Meridian, ID 83642 Lawrence, KS 66049 208-888-4433 Phone: 800-879-6353 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. 8. 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. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 5 of 12 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. 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. 11. 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. 12. Reports and Information: 12.1 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. 12.2 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. 13. 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 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. 14. 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. 15. 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. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 6 of 12 16. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and conditions of this Agreement. 17. 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. 18. 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. 19. 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. 20. 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. 21. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, and successful bid document. 22. 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. 23. Public Records: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Supplier may be open to public inspection and copying unless exempt from disclosure. The Supplier shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The City will not accept the marking of an entire document as exempt. In addition, the City will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Supplier shall indemnify and defend the City against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Supplier's failure to designate individual documents as exempt. The Supplier's failure to designate as exempt any document or portion of a document that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any such release. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 7 of 12 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN KEMIRAWATER SOLUTIONS, INC hi Vogt TAMMYe-'*Er,MAYOR Dated: _ ' I Approved by Council: 1-1 ' Cusfamer Service Manager Dated:. til r i �Cityof s DTAN — lbAtltl 1 HOLMAN, CITY d. ARK SEA T-. Purchasing Approval, ` `' ",' BY: KEi , urch sing Manager Dated:: / _ Department Approval BY:: LAURELEI MCV1EY, WW Superint6ndent Dated:: I / 0 A a�- POLY-ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 8 of 12 Attachment A Supply Specifications & Requirements The City of Meridian, referred to herein as the City, has agreed to purchase a one-year supply of Polyaluminum Chloride (PAX 14) solution that will be used for the specific purpose of limiting the growth of Microthrix Parvecella, a nuisance organism that is common to the activated sludge process. The vendor awarded the Contract is referred to herein as the Seller. The PAX 14 solution furnished shall meet the specified terms and conditions herein: Product Name: Polyaluminum Chloride Solution Chemical Family: Polynuclear inorganic Salt Formula: Al2(OH)XCI6 X 0<X>6 Synonym: Poly(aluminum hydroxy)chloride; Aluminum chlorohydrate; PAX -10; PAX -11; PAX -14; PAX -18; PAX- 28; PAX -29; PAX-XL8; PAX-XL9; PAX-XL19; PAX -XL30; PAX-XL30A; PAX-XL30C; PAX-XL31; PAX-XL31A; PAX-XL31C; PAX-XL35D; PAX-XL36, PAX-XL37;PAX-XL37A; PAX-XL37C; PAX-XL39; PAX-XL39A; PAX-XL39C; PAX-XL50; PAX-XL52; PAX-XL54; PAX-XL60; MSDS Code: PAX Acceptable Product Uses: Water treatment chemical COMPOSITION / INFORMATION ON INGREDIENTS Component CAS Number # Concentration ACGIH TWA Polyaluminum chloride 1327-41-9 8-24% 2 mg/m (as Al) WHMIS Classification: CLASS E OSHA Classification: Physical: Corrosive Health: Corrosive PHYSICAL AND CHEMICAL PROPERTIES Appearance: Clear amber or colorless Odor: Pungent chlorine -like odor Form: Liquid pH as is: 0.5-4.4 Vapor Pressure (mm Hg): ca. 18 mm Hg at 200C Boiling Point: 100 —110 0C Specific Gravity): 1.15 —1.40 @ 25 ,C Solubility (water): soluble Vapor Density (Air=1): 1.3 Percent Volatile by Vol.: N/A Freezing Point: -20 to -5 OC Characteristic Specification Unit Specific Gravity 1.33 +/- 0.02 Aluminum Oxide (AI203) 13.6 +/-0.5 % Basicity 26 +/-6 % H <1 POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 9 of 12 POLYALUMINUM CHLORIDE (PAX -14) Refer to Invitation for Bid WW -15-10317, all addendums, attachments, and exhibits included in the Invitation for Bid package # WW -15-10317, are by this reference made a part hereof. Performance Requirements: The Supplier shall demonstrate compliance with the performance requirements herein. The bid shall be based on deliveries of approximately 50,000 lbs contained in approximately 10,000 gallons bulk delivery. The expected yearly usage is as follows: • 271,000 lbs • 10,000 gallon bulk delivery The amounts are estimated and may increase or decrease over the term of the Contract but each delivery shall consist of a quantity of approximately 10,000 gallons. The Supplier shall submit a Certificate of Analysis (COA) with each delivery. The City reserves the right to conduct lab analysis on each load of Polyaluminum chloride (PAX 14) solution delivered to verify the COA. The City reserves the right to discontinue the use of Polyaluminum chloride (PAX 14) (and associated PAX 14 purchases) and to employ alternate methods of microthrix control. If the chemical delivered does not meet specifications and as a result, causes deterioration to City of Meridian owned equipment, the supplier will be responsible for replacement of said equipment and the labor costs involved with any repairs. The Supplier shall be able to supply this product, at the same performance quality and manufacturing specifications, at the volume necessary to fulfill the terms/length of the annual contract. The Supplier shall supply the City with a twenty-four (24) hour emergency phone number in the event of a chemical incident. The Supplier shall be able to provide on-site facility assistance if requested and technical support within one (1) hour of notification by the City, if required. The prices in the bid dated 8-30-2015 shall not change for the term of the Contract. The Contract will become effective upon approval by the Mayor and shall continue for a period of one year, unless terminated under terms and conditions set forth in this Agreement. The City reserves the right to extend the Contract based on the terms and conditions of the Invitation for Bid Document (WW -15-10317) and Specifications for up to three years POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 10 of 12 from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. Polyaluminum Chloride shall be delivered by the Supplier to the City of Meridian Wastewater Treatment Facility: 3401 N. Ten Mile Road, Meridian, Idaho 83646 All shipping and delivery charges shall be paid by the Supplier and shall be included in the price. Deliveries shall be made within 7 days of the City's order and shall be made between 8:30 am and 3:30 pm, Monday — Friday, excluding holidays. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 11 of 12 Attachment B PAYMENT SCHEDULE TASK DESCRIPTION AMOUNT/LB A. Kemira PAX 14, per attached Specifications (Attachment A) Price includes shipping and delivery. .285 Total Price to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals and applicable taxes. Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. POLY -ALUMINUM CHLORIDE SOLUTION WW -15-10317 page 12 of 12 H J U) W w 0 M CV U) t - O N M W m 2 W F- a w w W �L N W a 0 W D 0 z E J O 4. w Q z c m w m z 0 m C O � o O N m C M v c 0 a^ d 7S rL O o C M seoueje;ak{ uaao-q aoueildwo3 peusig w O 0 z w r., ACORN® �� CERTIFICATE OF LIABILITY INSURANCE 1nn016 DATE(MMIDD/YYYY) 8i28i2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL_ INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER LOckton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 CNACT NAME: PHONE E PIC No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Insurance Company 23035 4/1/2016 INSURED KEMIRA WATER SOLUTIONS, INC, 1314254 1000 PARKWOOD CIRCLE, SUITE 500 INSURER B: Insurance Company Of the State Of PA 19429 INSURER c: National Union Fire Ins Cc Pitts. PA A 19445 INSURER D: Steadfast Insurance Company 26387 ATLANTA GA 30339 INSURER E: GENERAL AGGREGATE $ 10,000,000 INSURER F: COVERAGES KEMWA01 CERTIFICATE NUMBER: 13148053 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X BLNKT ADDTL INS N N TB2-651-289679-015 1/1/2015 4/1/2016 EACH OCCURRENCE $ 10,000,000 DAMAGE O RENT PREMISESTEa occurEDrence $ 100 000 MED EXP (Any one person) $ 5,000 X WAIVER OF SUB PERSONAL & ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO JECT [:]LOC OTHER: GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ 10,000,000 C AUTOMOBILE X XIXX X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X NON -OWNED AUTOS AUTOS COMP/COL DED - $1,000 N N CA 3788896 1 9/15/2015 9/15/2016 COMBINED SINGLE LIMIT $ Ea accident 11000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE $XXXXXXX Per accident $ XXXXXXX A A FEXCESS UMBRELLA LIABX LIAB OCCUR CLAIMS -MADE N N TL2-651-289679-032 (EXCESS AUTO LIAB) 1/1/2015 4/1/2016 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED I RETENTION$ $ XXXXXXX B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N❑ (Mandatory in NH) if yes, describe under DESCRIPTION OF OPERATIONS below N / A jQ WC015626468 WC013626467 9/15/2015 9/15/2015 9/15/2016 9/15/2016 X PER EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 '000.000 D POLLUTION N N EPC9384234 1/1/2015 1/1/2016 $15,000,000/EACH INCIDENT $15,000,000/AGGRAGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION 13148053 Meridian City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fi a Finance Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Broadway Ave., Ste 10 ACCORDANCE WITH THE POLICY PROVISIONS. Meridian, ID 83642 AUTHORIZED REPRESENTAT E ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for KEMIRA CHEMICALS INC. ] [ Monitor KEMIRA CHEMICALS, INC. business filingsKEMIRA ] CHEMICALS, INC. 1000 PARKWOOD CIRCLE SUITE 500 ATLANTA, GA 30339 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: GEORGIA Date of 10 May 2007 Origination/Authorization: Current Registered Agent: C T CORPORATION SYSTEM 921 S ORCHARD ST STE G BOISE, ID 83705 Organizational ID / Filing C173041 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 29 Apr 2015 Annual Report Due: May 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 10 May 2007 CERTIFICATE View Image (PDF format] OF AUTHORITY View Image (TIFF format AnnualReports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 CHNG View Image (PDF format) View RA/RO Image (TIFF format] Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image (TIFF format] http://www.accessidaho.org/public/sos/corp/Cl73041.html 9/8/2015 Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6G ITEM TITLE: Approval of Assignment of Master Agreement Approval of Assignment of Master Agreement and Task Orders from SPF Water Engineering LLC to Western W.E., LLC. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Warren Stewart Date: 9/16/2015 Re: September 22nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 22n City Council Consent Agenda for Council's consideration. Approval of Assignment of Master Agreement and Task Orders from SPF Water Engineering LLC to Western W.E., LLC. Recommended Council Action: Award of Assignment of Master Agreements and Task Orders from SPF Water Engineering Western W.E., LLC. Thank you for your consideration. 0 Page 1 ENGINEERING July 13, 2015 Keith Watts Purchasing Manager City of Meridian 33 E. Broadway Avenue Meridian, 1D 83642 Subject: Consent to Assignment of Master Agreement for Professional Services — Water Supply and Distribution Engineering — Well Pump Facility, Booster Station, Storage Reservoir (Site/Civil), and Valve Station (Pressure Reducing, Sustaining, Relief) Design — Category 1a, by and between SPF Water Engineering, LLC ("SPF) and the City of Meridian ("City'), effective as of October 1, 2094 (the 'Agreement') Dear Keith, We are pleased to inform you that SPF is planning to transfer substantially all of its assets to Western W.E., LLC, an Idaho limited liability company (the "Buyer") held by Lindsay Corporation. In conjunction with the proposed transaction, SPF intends to assign the Agreement to Buyer and desires that City consent to such assignment. SPF will continue to operate as SPF Water Engineering, LLC, and I can assure you that the same SPF people the City has always worked with will continue on your projects into the future. We look forward to continuing our good working relationship with Meridian, and are excited about the new opportunities our affiliation with Lindsay Corporation will provide. Please countersign this letter below to evidence City's consent to the assignment of the Agreement to Buyer and waiver of any restrictions in the Agreement that would prohibit such assignment. If the transaction with Lindsay Corporation is not finalized, this consent will be voided. After the City executes this consent, please e-mail a copy to me at ccooper@spfwater.com, or fax to us at 208-383-4156. If you have any questions, please do not hesitate to contact me. We appreciate your cooperation with this request. Sincerely, Cathy oper, P.E. Manager Acknowledged and Agreed: City of Meridian, Idaho Na Tit Date: � , Z,?- - i 300 E, Mallard Drive, Suite 350, Boise, Idaho 83706 Tel: 208-383-4140 Fax: 208-383-4156 SP MAUER- ENGINEERING July 13, 2015 Keith Watts Purchasing Manager City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Subject: Consent to Assignment of Master Agreement for Professional Services — Hydrogeological Services — Test well and production well design, well rehabilitation design, and well reconstruction design; test well monitoring, chemical analysis of groundwater, hydrogeological mapping; groundwater modeling, proof of beneficial use examinations, water right transactions and analysis — Category 6a, by and between SPF Water Engineering, LLC ("SPF) and the City of Meridian ("City'), effective as of October 1, 2014 (the "Agreement') Dear Keith, We are pleased to inform you that SPF is planning to transfer substantially all of its assets to Western W.E., LLC, an Idaho limited liability company (the "Buyer") held by Lindsay Corporation. In conjunction with the proposed transaction, SPF intends to assign the Agreement to Buyer and desires that City consent to such assignment. SPF will continue to operate as SPF Water Engineering, LLC, and I can assure you that the same SPF people the City has always worked with will continue on your projects into the future. We look forward to continuing our good working relationship with Meridian, and are excited about the new opportunities our affiliation with Lindsay Corporation will provide. Please countersign this letter below to evidence City's consent to the assignment of the Agreement to Buyer and waiver of any restrictions in the Agreement that would prohibit such assignment. If the transaction with Lindsay Corporation is not finalized, this consent will be voided. After the City executes this consent, please e-mail a copy to me at ccooper@spfwater.com, or fax to us at 208-383-4156. If you have any questions, please do not hesitate to contact me. We appreciate your cooperation with this request. Sincerely, Cathy 'op%er,E. Manager Acknowledged and Agreed: City of Meridian, Idaho By� Name: c( Title: Date: 300 E. Mallard Drfve, Suite 350, Boise, Idaho 83706 Tel; 208-383-4140 Fax; 208-383-4156 251 Md O CERTIFICATE OF ORGANIZATION FILED EFFECTI _ a LIMITED LIABILITY COMPANY 7015 MAY 15 AM 10: 13 (instructions on back of application) SECRETARY OF STATE 1. The name of the limited liability company is: STATE OF IDAHO Idaho WE, LLC 2. The complete street and mailing addresses of the initial designated office: 921 South Orchard Street, Suite G, Boise, ID 83705 (Street Address) (Mailing Address, if different than street address) 3. The name and complete street address of the registered agent: C T Corporation System 921 South Orchard Street, Suite G, Boise, ID 83705 (Name) (Street Address) 4. The name and address of at least one member or manager of the limited liability company: ,fume ERIC R. ARNESON ddress 2222 NORTH 111TH STREET, OMAHA, NE 68164 6. Mailing address for future correspondence (annual report notices): 2222 NORTH 111TH STREET, OMAHA, NE 68164 6. Future effective date of filing (optional): Signature of a manager, member or authorized person. Signature rte% c Typed Name: Teresa A. eaufait (1 Signature Typed Name: MIN= Rev. Secretary use only ZDAHO SECRETARY Or STATE 85,1542015 05:00 Gly:128491 CT:2x7510 BH:1475638 11a 100-00 = 100-00 ORGA?'T LLC #2 SL 20.00 = 20.00 EXPEDITE C #& W1��1651 06/18/2015 10:20 FAX [1003 254 FILED EFFECTIVE s AMENDMENT TO 1015 JUN 8 m CERTIFICATE' OF ORGANIZATION AM 9:44 LIMITED LIABILITY COMPANY ��ST,gr��'�'F 8A TE (instructions on back of application) 1, The name of the limited liability company is. OAHt7 WZ LLC 2. The name of the limited liability company is amended to read - WESTERN W.E. LLC 3. The date the certificate of organization was originally filed: MAY 15, 2016 4. The complete street and mailing addresses of the designated principal office is amended to: S. The mailing address forfuture correspondence (annual reports) is amended to: 6. The name and address of the managers/members shall be amended as follows: Name AddLess AgLd Delete Uther ❑ ❑ ❑ ❑ ❑ ❑ 7. Si nature of an authorized person. /�� -?(J4 Signature TERESA A. BEAL15AIT Typed Name Signature typed Name Secretary of State use only IDAHO SECRETARY OF STATE 06/1$/203-5 05:00 CK:2944192 CT:172099 SH:14803 10 30.00 = 30.00 ORGAN AMUT 1@ 20.00 1 = //20.00 �~EXPEDITE C � Wt6N57 30 2 3 07/22/2015 10:14 FAX I1001 FILED EFFEGTIV� 254 AMENDMENTTO CERTIFICATE OF ORGANIZATION 2815 JUL 22 AMlO--20 LIMITED LIABILITY COMPANY Title 30, Chapters 21 and 25, Idaho Code �w57ATE�F I�ANI'i(k Base Filing tee: $30.00. Complete and submit the application In duplicate. 1. The name of the limited liability company is; Western W, E, LLC 2. The date the certificate of organization was originally filed : May 15, 2015 3. The name of the limited liability company is amended to: SPF Water En ineerirl LU; 4. The complete street and mailing addresses of the principal office Is amended to: $00 E. Mallard Drive, Suite 350 Boise ID 83706 (Street Address) (City) (state) (Zipocde) (Mailing Address, if dillarent) (City) (Stale) 013cade) 5. The mailing address for future correspondence (annual reports) is amended to; (Address) (City) (State) (Zipoade} 6. The name and address of the managers/members shall be amended as follows: Add: ❑ Delete; 0 (Name) (Address) (City) late) (xipaode) Acid: []'Delete: 0 (Name) (Address) (City) Matt) (ztpcpde} Add: ❑ delete: [l me rens (cuy) (state) (zipcoda) 7. Signature of a manager, member, or authorized person. Printed Name: Eric R. Arneson Signature: Printed Name: Signature: Rev. Urt2016 use IDAHO SECRETARY OF STATE 017/22/2015 05:00 CK:3049072 CT:1' 2055 $H:1484696 1@ 30.00 = 30,0D ORGAN AMEN #2 1@ 20.00 = 20.00 EXPEDITE C #3 W 16 IL0617 07/22/2015 10:14 FAX 16004 BOARD OF PROFESSIONAL ENGINEERS A ND PR(1+PESSIONA L LANA SURVEYORS July 22, 2015 Westem W.E., I..LC Attn: Catherine Glilmor Cooper 300 E, Mallard Dr. Ste, 350 Boise, ID 83706 Usa RE: State of Idaho Certificate of Authorization Dear Ladies and Gentlemen: I S10 F- watcrtower sL. snits 110 Meridien, Idaho 83642.7993 Phme: (108) 373-7210 Fox: (208) 373.7213 http;//Www,ipols.fdmo.gov The application for s Certificate of Authorization for Western W.E., LLC was reviewed and approved. Enclosed you will find Certificate of Authorization #3353. The original application covers the period through July 31, 2016, A notice of renewal will he sent to you approximately thirty days prior to the renewal date, We cap your attention to Section 541235, Idaho Code (Practice by a Business Entity) of the Engineering and Land Surveying Law, which provides that the business entity must keep the Board advised of changes in professional engineers who will have resporlsibte charge of the professional engineering work done in Idaho - if you have not already done so, you may be required tofile for a Certificate of Authority with the Secretary of State's office. They can be contacted at (208) 334-2301 for further information. Sincerely yours, JJe ifer Rowe A 'nistrative Assistant Enclosure: Certificate of Authorization cC: Secretary of State's Office Attn' Kim Hunter EQUAL OPMRTuNt7Y EMPLOYER Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Approval of Agreement Mercer Health Approval of Agreement to Mercer Health for "Benefits Brokerage and Consulting Services" for a Not -To -Exceed amount of $50,000.00 MEETING NOTES k Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Patti Perkins Date: 9-17-2015 Re: September 22nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 22n City Council Consent Agenda for Council's consideration. Approval of Agreement to Mercer Health for "Benefits Brokerage and Consulting Services" for a Not -To -Exceed amount of $50,000.00. Recommended Council Action: Award of Agreement to Mercer for the Not -To - Exceed amount of $50,000.00. Thank you for your consideration. 0 Page 1 Patti Perkins Director of Human Resources City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 June 12, 2015 Statement of Work C SOW') Sheila Stayner 800 West Main Street, Suite 1250 Boise, ID 83702 +1 208 338 6477 SheIIi.R,Stayner®mercer.com www.mercer.com The objective of this Statement of Work ("SOW") is to confirm the scope of our work and the compensation for this engagement. This SOW is subject to the terms and conditions contained in our existing engagement letter dated 12/10/2010. All capitalized terms not defined in this SOW shall have the meanings ascribed to them In our'existing engagement letter. Service Details — Service name: 2016 Scope of Service — Description of Mercer responsibilities: See attached Service Schedule Description of client responsibilities: Mercer's ability to provide the services herein this letter is dependent on Mercier being provided with and continue to receive accurate, up to date and timely documentation and Information from you and any insurance carrier providing benefits. Period of time over which work will be performed: January 1, 2016 through December 31, 2016 — Compensation/fees: We will be compensated for the services described herein in consideration of your payment of our professional fees of $50,000 annual. We will bill you monthly with such invoices due within thirty (30) days of your receipt of an undisputed invoice. If any invoice remains unpaid after longer than ninety (90) days from the date of the invoice, we may either suspend the provision of the services until payment is received, or terminate this SOW with immediate effect. VALENT • HE4TH • RETIREMENT • INVESTMENTS COM ANIELENNAN S MERCER Page 2 June 12, 2015 Patti Perkins City of Meridian Subcontractors We may need to utilize various subcontractors {"Subcontractors") in the course of our provision of the Services to assist us in such tasks as printing and mailing, development of interactive tools, graphic design, etc. You consent to our use of the Subcontractors and further acknowledge and agree that we may provide such Subcontractors with your Confidential Information, including Work, on a confidential and a need to know basis for the purposes contemplated by this SOW. Additional Terms 1. We do not act on behalf of any insurer or other service provider, are not bound to utilize any particular insurer or service provider, and do not have the authority to make binding commitments on behalf of any insurer or service provider. In addition, we do not guarantee or make any representation or warranty that coverage or service can be placed on terms acceptable to you. We are not responsible for the solvency or ability to pay claims of any insurance carrier or for the solvency or ability of any service provider to provide service. Insurance carriers or service providers with which your other risk or insurance coverage or other business is placed will be deemed acceptable to you, in the absence of contrary instructions from you. - You understand that the failure to provide, or cause to provide, complete, accurate, up-to-date, and timely documentation and information to us, an insurer, or other service provider, whether Intentional or by error, could result In impairment or voiding of coverage or service. You agree to review all policies, endorsements and program agreements delivered to you by us and will advise us of anything which you believe is not in accordance with the negotiated coverage and terms within thirty (30) days following receipt. Mercer and its Affiliates serve a wide array of clients, including clients who compete with or whose interests may be adverse to one another. In addition, Mercer interacts with insurance carriers and other service providers through numerous business and contractual relationships, including serving as a broker for its clients and receiving commissions from carriers, providing consulting or administration services to carriers, and auditing carriers' claims data. Mercer is committed to serving each of its clients in an objective manner and maintaining the confidentiality of each of its client's Information. - You expressly acknowledge that, with respect to the provision of the Services, we are not, nor are any of our Affiliates or subcontractors, an "administrator" within the meaning under applicable law, including the Employee Retirement Income Security Act of 1974, as amended MARSH&MCLENNAN COMPANIES 0` 061 MERCER Page 3 June 12, 2016 Patti Perkins City of Meridian ("ERISA"), nor, with respect to the provision of the Services, are we or any of our Affiliates or subcontractors a "fiduciary" within the meaning under applicable law or ERISA, unless provided otherwise herein or required by applicable law. Title V of the Gramm -Leach -Bliley Act and related state laws and regulations establish limitations on the use and distribution of non-public information collected by financial institutions from their customers and consumers. Our insurance -related work qualifies us as a financial institution under this Act. Our Privacy Policy Notice and additional information regarding other compliance policies at Mercer, including our conflicts of interest policy available at the following web address http://www.mercer.com/insights/point/2014/transparency.htmi. At this web address you will also find information regarding Marsh & McLennan Companies, Inc. and its subsidiaries' equity interests in certain insurers and contractual arrangements with certain insurers and wholesale brokers. Without limiting the generality of Section 2 of our engagement letter, you will inform us at the commencement of our work under each SOW (and thereafter in the event of any change) as to whether or not you or any of your Affiliates are subject to any restrictions or obligations directly relevant to the Services as a result of or in connection with having received any federal financial assistance in connection with any federal law or program, including, but not limited to, the American Recovery and Reinvestment Act of 2009 and the Emergency Economic Stabilization Act of 2008, including the Troubled Assets Relief Program. In the event that you or your Affiliates are subject to such restrictions or obligations, you will also promptly describe such restrictions and obligations to us in writing in reasonable detail and make an expert (including internal or external counsel) available to us for additional clarification that we reasonably request regarding the analysis or interpretation of any such restrictions or obligations. You agree that we will be entitled to rely on, and have no liability for, the accuracy and completeness of the information, analysis or interpretation that is provided to us in connection with the foregoing. — Mercer is unable to provide insurance broking, risk consulting, claims or other services or provide any benefit to the extent that the provision of such services or benefit would violate applicable law or expose Mercer or its Affiliates to any sanction, prohibition or restriction under UN Security Council Resolutions or under other trade or economic sanctions, laws or regulations. [Remainder of this page left blank intentionally] MARSH & MCLENNAN COMPANIES �!1 MERCER Page 4 June 12, 2015 Patti Perkins City of Meridian We appreciate your business and look forward to working with you on this engagement. Please acknowledgryrour agreement to the terms contained herein by signing below. & Benefits LLC 0 I Name: �� (Please Print) Title: -:?6n6P& ACCEPTED AND AGREED City t By: Name: Title: Date: Date: 1 -a -a 'IS MARSH & MCLENNAN COMPANIES Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 61 PROJECT NUMBER: AZ 15-007 ITEM TITLE: Development Agreement Sovi Development Agreement Sovi Subdivision (AZ -15-007) Located in the NE 1/4 of the NE'/4 of Section 29, Township 3 North, Range I East, Boise MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-088643 BOISE IDAHO Pgs=42 BONNIE 09/24/201510:57 AM MERIDIAN CITY NO FEE II"III"I'lllIIIIIIIIII�IIIIIIII IIIIIIIIIIIIIIII 00148609201600886430420423 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. C15 LLC, Owner/Developer A' THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this l4tfh day of September , 2015, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C15 LLC, whose address is 4824 W. Fairview, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for the annexation of approximately 5.08 acres of land from the RUT zoning district in Ada County to the R-15 (Medium -High Density Residential) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— SOVI SUBDIVISION (AZ— 15-007) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 1 st day of September, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to C15, LLC, whose address is 4824 W. Fairview Avenue, Meridian, Idaho 83642, the parties that are DEVELOPMENT AGREEMENT - SOVI SUBDIVISION (AZ - 15-007) PAGE 2 OF 8 Na developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium -High Density Residential (R-15) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the .terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan (including the common open space; a covered picnic area and a pedestrian connection to the school on the west boundary) and building elevations attached in Exhibit A of the Findings of Fact and Conclusions of Law attached as Exhibit `B" and the revisions noted in the staff report. b. All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit A.4 of the Findings of Fact and Conclusions of Law attached as Exhibit `B". The rear or sides of structures on lots that back up to S. Eagle Road (Lots 2-9, Block 1), as well as to S. Milan Ave. and Ionia Court (Lots 14, 16, 25 and 44, Block 1) will be highly visible; these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT - SOVI SUBDIVISION (AZ - 15-007) PAGE 3 OF 8 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (18 0) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developers reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any- covenant to be performed hereunder by either. Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT - SOVI SUBDIVISION (AZ - 15-007) PAGE 4 OF 8 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Cleric. City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: C15 LLC 4824 W. Fairview Avenue Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as DEVELOPMENT AGREEMENT - SOVI SUBDIVISION (AZ - 15-007) PAGE 5 OF 8 may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT- SOVI SUBDIVISION (AZ- 15-007) PAGE 6 OF 8 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: C15 LLC 3 1 Jim Conger` CITY OF MERIDIAN By: Mayo a -e Weerd ATTEST: Sa�Pten aucvl ti City of DIAN?" l0 AH0 ayce Holman, dity Clerk,/ y SEAL All DEVELOPMENT AGREEMENT — SOVI SUBDIVISION (AZ — 15-007) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this day of ", 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Jim Conger known or identified to me to be the d of C15, LLC, and acknowledged to me that he executed the same on behalf of said Company. 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) °.•1�Iy Nig®s., ' a °.•°°°°°•••; sr Notary Public for Idaho e ty0 TqR Residing at: * My Commission Expires: B OF I F; D STATE OF IDAHO ) : ss County of Ada ) On this � � day of 'N'l , 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `®some®® r l i -C- A, Jam®® (SEAL)�® Notary ubl c for Ida .g Residing at:y i '6yi e � e Commission expires: iA • DEVELOPMENT A• lI $LIEDIVISION (AZ— 15-007) PAGE 8 OF 8 °•.BBB°6 Exhibit A Sawtooth Land Surveying, LLC P: (208) 398-8 1Oji r: (208) :398-8105 - 2030 5. tiW;)5hnq['on Ave., Frnmett, ICJ 835 17 July 14, 2015 Annexation Legal for SOVI Parcel A parcel of land located in the NE1/4 of the NE1/4 of Section 29, T. 3 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northeast corner of Section 29; Thence South 0027'46" West, coincident with the east line of the NE1/4 of the NE1/4 of said Section 29, a distance to 960.97 feet to the POINT OF BEGINNING; Thence continuing South 01127'46" West, parallel with said east line of the NE1/4 of the NEI/4 of Section 29, a distance to 330.00 feet; Thence North 89037'13" West, 670.97 feet to a point on the north boundary of Messina Village Subdivision No. 1, as shown on file in Book 86 of Plats at Page 9758, Ada County Records; Thence North 0027'46" East, coincident with the north boundary of said Messina Village Subdivision No. 1, and the east boundary of Messina Hills Subdivision No, 1, as shown on file In Book 87 of Plats, at Page 9829, Ada County Records, 330.00 feet to a point on the south boundary of Medford Place Subdivision, as shown on file in Book 97 of Plats at Page 12107, Ada County Records; Thence South 89037'13' East, coincident with said south boundary of Medford Place Subdivision, 670.97 feet to the POINT OF BEGINNING. The above described parcel contains 5.08 acres more or less. Together with and subject to covenants, easements and restrictions of record. Carl Porter, PLS End Description SPL L4N`p GV -N SRC P!V R2015\15042-CMG-SOVI\Drawings\Descriptions\ANNEXATION LEGAL.docx I i!;! I i Sovi Subdivision — AZ 15-007 Exhibit A KfEbrORD PLACE SUB 89-37'13' E Dll — ----- - ------ PHOJL:cr" /I FARCI-1 ?JJ MESSINA VILLAGE SUB NO. 1 `OVAL L.A �c ,,EN < 21 ,),7 t�- C OF 4 POVO NTS OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# DEVCO, I.I.0 EMMETT, ID 83617 __ 15042 -EX 4624 W FAIRVIEW AVE. P: (208) 398-8104 ROJECIV P - BOISE, IDAHO 83706 336-5355 F., 00j 398-8105 -- 15042 ow. SHEET EWE, 712-015 015 WWW.SAW TOOTHLS,COM I Sovi Subdivision — AZ 15-007 CITY OF MERIDIAN �- E l�r��.» FINDINGS OF FACT, CONCLUSIONS OF LAW AND I.AHO DECISION & ORDER In the Matter of the Request for Annexation of 5.08 Acres of Land with an R-15 Zoning District and Preliminary Plat Consisting of Thirty -Six (36) Residential Building Lots and Seven (7) Common Lots on Approximately 4.86 Acres for Sovi Subdivision, located at 3515 S. Eagle Road, by DevCo. Case No(s). AZ -15-007 and PP -15-010 For the City Council Hearing Date of: August 18, 2015 (Findings on September 1, 2015) A. Findings of Fact 1. Heating Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference). 2. Process Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 18, 2015, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of -the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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 of the annexation and preliminary plat request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AL -15-007; PP -15-010 -1- copy served by the Clerk upon the applicant, the Planning Division, 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 18, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Pact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the conditions of approval in the attached staff report for the hearing date of August 18, 2015, 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 I I -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 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 613-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 513-313). 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 two (2) year approval period (UDC 11-513.3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -15-007; PP -I5-010 2 E. Notice of Final Action and Right to Regulatory Takings Analysis l . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, F. Attached: Staff Repoli for the hearing date of August 18, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). AZ -I5-007; PP -I5-010 -3- By action of the City Council at its regular meeting held on the day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED) COUNCIL MEMBER DAVID ZAREMBA VOTED LA - COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED_LDS MAYOR TAMMY de WEERD VOTED ✓' (TIE BREAKER) Mayor Ta e 0`,p;[BDAUCcs o Attest:G ?o 4� P City of i CyEP\,TD lAi�*,- ITiAHO Taycee Jbiman ` y SEAL. City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By:_ Dated: I , City Clerl 's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-007; PP -15-010 -4- STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A August 18, 2015 Mayor and City Council Bill Parsons, Planning Supervisor 208-884-5533 Josh Beach, Associate City Planner Bruce Freckleton, Development Services Manager 208-887-2211 AZ -15-007; PP -15-010 — Sovi Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DevCo, has submitted an application for annexation and zoning (AZ) of five (5) acres of land with an R-15 zoning district; and a preliminary plat (PP) consisting of thirty-six (36) building lots and seven (7) common lots in the R-15 zoning district for Sovi Subdivision. Note: On the submitted preliminary plat, the applicant contends that subject plat consists of 4.77acres of land. The County's land records indicate that the property is 5 acres in size. During the surveying of the property, the applicant discovered a discrepancy in the boundary of the property that would create a strip of land (varies in width between 10 feet to 14 feet) that is not included in the annexation or plat boundary. This discrepancy is not addressed in the application. II. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ and PP applications. The Meridian Planning and Zoning Commission heard these items on July 16, 2015. At the public hearing, the Commission voted to recommend approval of the subiect AZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Jim Conger ii. In opposition: None W. Commenting: None iv. Written testimony: Ann Marie Baird, Steven Yearsley, and Jerry and Judy Ferrell v. Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: L The requirement to connect S. Milan Ave. to E. Rome Dr. c. Key Commission Change(s) to Staff Recommendation: i. Prior to the Commission hearing, the applicant was able to secure ownership for the strip of land on the west boundary of the develop. The revised exhibits in the staff report reflect the incorporation of property into both the annexation boundary and the Preliminary plat boundary including the inclusion of an amenity and a commitment to providing a pedestrian connection to the school site along the west boundary. Because the applicant was able to correct the discrepancies identified in the staff report, the Commission voted to recommend approval with the conditions of approval that were presented during the public hearing. The Commission did not require (condition of approval 1.2.2a) the applicant to extend S. Milan Ave. to the south boundary of the Preliminary plat and approved the connection to E. Rome Drive as proposed. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 1 EXHIBIT A d. Outstanding Issue(s) for City Council: L Stubbinia E. Rome Drive along the south boundary in lieu of a common driveway. ACHD, Tuscany HOA and the Commission are not supportive of the stub street. ii. Converting Lots 29 and 31, Block linto non -buildable lots and creating an exclusive use easement for the future owners of Lots 28 and 32 Block 1 to use and maintain Jill 1 •1 1 1 1_'. 1 1 I1 IJ -'--'-- -: I_ :_ L' 1_1_ ! _1• 1' . 11.1 • 11 • J_1 I'' 1 - - III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15- 007 and PP -15-010, as presented in the staff report for the hearing date of August 18, 2015, with the following modifications: (Add any proposed modifications.) of subjeet staff report. If the �t� , Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-007 and PP -15-010, as presented during the hearing on August 18, 2015, for the following reasons: (You should state specific reasons for denial.) 1. Th i ying/owner-ship diserepaney between the deeds, the legal deseription supplied the west by the > and the subdivision boundary of the proposed subdiAlsion. plat, 2. The layout spalee, the of the preliminary plat does use of common driveways eould not inelude the proper- ereate a parking amount issue of useable open for the proposed development, 3. Annexation there is novehieulaF eonneetivity of the subjeet property is to Messina not in the best interest Village, of the In favor: JI I1' jL J opposition: None IJ1JJ_' L n• \ I L Written testimon \1J y, Staff 1 1_ _1'1L__io OtheryL on all 1 1 ► 1 1• J 1_ Discussion 1 L The extension of S. Milan Ave, t E. RmngDx1y-e. jL Proposed lots sizes within the development, UL Extending 1 1 1 the development in lieu of public The use of Lots 29 and 31as part -of t1 • side yardsof Lots _: and 32, i -1 Setbacks - measured on Lots 28 and i 1 .. Key CouncilI_ J_ • ' I Staff/Commission i 1 _I_! 1_I_ • 1 1 a _ I J_ Council Il_1a 1 the requirementta-twistructMilan Ave,1 street to the south Council boundary_(condition approved_ 1 of i' ap1 1 _: Block 1 take access from a common-driyeim accord with site specificcondition 1. approval III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15- 007 and PP -15-010, as presented in the staff report for the hearing date of August 18, 2015, with the following modifications: (Add any proposed modifications.) of subjeet staff report. If the �t� , Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-007 and PP -15-010, as presented during the hearing on August 18, 2015, for the following reasons: (You should state specific reasons for denial.) 1. Th i ying/owner-ship diserepaney between the deeds, the legal deseription supplied the west by the > and the subdivision boundary of the proposed subdiAlsion. plat, 2. The layout spalee, the of the preliminary plat does use of common driveways eould not inelude the proper- ereate a parking amount issue of useable open for the proposed development, 3. Annexation there is novehieulaF eonneetivity of the subjeet property is to Messina not in the best interest Village, of the and ther- City at this time. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 2 EXHIBIT A Continuance I move to continue File Numbers AZ -15-007 and PP -15-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 3515 S. Eagle Road, in the NE t/4 of Section 29, Township 3 North, Range 1 East. (Parcel No.: 51129110400) B. Owners: Sara Jane Brodin 3515 S. Eagle Road Meridian, ID 83642 C. Applicant: Jim Conger, DevCo 4824 W. Fairview Ave. Meridian, ID 83642 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29 and July 13, 2015 (Commission); July 27 and Aumust 10, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: June 25, 2015 (Commission); July 23, 2015 (City Council) D. Applicant posted notice on site(s) on: July 6, 2015 (Commission); August 7, 2015 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property and a single-family home zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Medford Place Subdivision, zoned R-8. 2. East: S. Eagle Road; single-family residential zoned property in Golden Eagle Estates Subdivision, zoned R-8. 3. South: Single-family residential properties in Messina Village Subdivision, zoned R-4 4. West: Siena Elementary School, zoned R-4. C. History of Previous Actions: None Sovi Subdivision AZ -15-007; PP -15-010 PAGE 3 EXHIBIT A D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop the property with thirty-six (36) single-family detached and attached dwellings at a gross density of 7.55 dwelling units per acre (d.u./acre) and a net density of 10.56 d.u./acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the MDR designation; however staff believes that the plat as designed lacks useable open space, has limited connectivity and limited on -street parking and would create a "no mans" strip of land that is not incorporated into the proposed project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D, Page 53) The proposed development will not connect to Eagle Road which is an arterial street. The traffic from the proposed development will be funneled through S. Milan Ave., which is a local street that connects to Eagle Road through Medford Place Subdivision. Staff is supportive of the extension of S. Milan Avenue however; staff believes the applicant should extend this street to the south boundary of the property so the City and ACHD can work with the Tuscany HOA on a f tture connection to E. Rome Drive. "Require appropriate landscaping and buffers along transportation corridor (Setback, vegetation, low walls, berms, etc.)." (3.06.02F Page 54) The applicant has proposed a 25 foot wide landscape buffer along S. Eagle Road in accordance with UDC 11 -3B -7C. 3. "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B, Page 56) Sovi Subdivision AZ -15-007; PP -15-010 PAGE 4 EXHIBIT A If approved, the proposed single-family detached and attached dwellings would contribute to the variety of housing types available within the City, consistent with the surrounding residential developments. 4. "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A Page 55) UDC 11-3G-3 requires that a minimum of 10% of open space be provided as well as one site amenity. The plat as designed provides no useable open space. The drainage pond proposed for the development is not useable open space. Due to ACHD's requirement for a twelve foot wide gravel access road across the proposed open space, this area does not constitute usable open space. 5. "Require common area in all subdivisions." (3.07.02F Page 55) The proposed plat depicts a total of 0.44 acres of qualified open space; however the preliminary engineeringplan shows that the open space will be used as a drainage pond. With the requirement of a 12 foot gravel access road to the pond by ACHD, there will be no useable open space and the proposed subdivision would not comply with the UDC. 6. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C Page 55) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Medford Place Subdivision to the north. The plat does not, however, connect pedestrians to the Messina Village Subdivision to the south, or to Siena Elementary School to the west. 7. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F Page 45) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 8. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020 Page 48) The proposed plat depicts connections to the existing stub street from the north; an emergency access to the south via E. Rome Drive is also shown. NOTE: There is an existing cross -access easement to this property, created with the platting of Messina Village Subdivision to the south. The applicant is not proposing to utilize this existing cross -access easement for a public street connection to E. Rome Drive, but has chosen to only provide an emergency access in this location. In reviewing the history of the Messina Village Subdivision, staff believes that this cross access easement was meant to serve as a public street connection to E. Rome Drive. Without this connection, residents driving their children to school will have to turn out onto Eagle Road (an arterial road) and then turn back onto E. Rome Drive. 9. "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I Page 55) The subject property is adjacent to existing single-family homes and similar lot sizes to the north in Medford Place Subdivision. The proposed development, with the proposed zoning of R-15, is similar to the surrounding uses. 10. "Ensure development provides safe routes and access to schools, parks, and other community gathering places." (3.07.02N Page 56) Sovi Subdivision AZ -15-007; PP -15-010 PAGE 5 EXHIBIT A The proposed development notes a possible pedestrian access to the Siena Elementary school. The development should ensure that pedestrian access is provided ft•om this site to Siena so that children are not required to access the school property by using Eagle Road and E. Rome Drive. NOTE: Currently, a strip varying in width from 10 feet to 14 foot 6 inches exists behmen what the applicant claims to own and Siena Elementary School, which prevents the development from connecting to the school property to the west. No one is claiming ownership of this strip of land. This small strip of land could become a real nuisance and potentially a hazard if no one claims ownership and maintains it. Before the subject property is annexed and developed, this ownership discrepancy should by resolved. Based on the above analysis, staff finds that the proposed development is not consistent with the comprehensive plan and recommends denial. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family detached and attached dwellings is principally permitted use in the R -I5 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-7 for the R-15 zoning district. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning: The applicant has applied for annexation and zoning of five (5) acres of land with an R-15 zoning district. As discussed above in Section VII, staff believes the proposed zoning and density is consistent with the vision of the Comprehensive Plan, however due to the lack of pedestrian and vehicular connectivity, the lack of useable open space, the limited on - street parking due to the number of common driveways and the potential to create a "no man's strip", staff believes it is not in the City's best interest to annex the property until these issues are resolved. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City to the north, south and east, and is within the Area of City Impact boundary. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 6 However if annexed a "no man's strip" will be created on the west boundary, just east of Siena Elementary. This area is not included in the annexation and creates a parcel that is not developable and may not be maintained into the future. Staff believes until the entire lands between Eagle Road and Siena Elementary are included, annexation of this property is not in the best interest of the City. Preliminary Plat: The proposed plat consists of thirty-six (36) building lots and seven (7) common lots on 5 acres of land. The R-15 zoning district is proposed for the development (see Exhibit A.2). The gross density for the subdivision is 7.2 d.u./acre. The average lot size is 4,126 square feet. The plat, as currently designed, would create a strip of "no man's land" that varies in width from 10 feet to 14 foot 6 inches on the west boundary. Staff believes that the annexing and subdividing this property would create several significant problems for the City including: It would create a parcel that is not developable or annexed into the city — and probably never would be annexed; It would create an enclave parcel that would not be maintained by an HOA or any of its members — and may become a nuisance; The parcel may create significant issue for code enforcement, police and/or fire personnel; and With the design as proposed using three (3) common driveways to access seventeen (17) of the proposed lots, there could be significant parking issues within the proposed development. Existing Structures: There is an existing single family home on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-7 for the R-15 district and. Staff has reviewed the proposed plat and found it to be in compliance with the R-15 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. Staff has determined that the preliminary plat does not show the required details as set forth in UDC 11-6C-3. Staff believes that there are too many homes being accessed off of private driveways, due to the current design of the plat, and the limited connectivity to and through the proposed subdivision. The applicant has the option to propose private streets within the development and provide access from E. Rome Drive. This would give the applicant more flexibility in the road design in the development and could potentially reduce the need for common driveways. Access: Vehicular access is proposed for this site via an extension of S. Milan Avenue. An emergency access to the south on S. Milan Ave to E. Rome Drive is also proposed. Staff believes that S. Milan Ave. should be stubbed to the south boundary so that there is the potential to construct a future public street to E. Rome Drive. Stubbing the street to the south boundary would allow the City and ACHD to work with the Tuscany HOA on a future road connection. ACHD has stated they have no jurisdiction over the cross access easement because it is private easement on private property and is not dedicated right-of-way. As mentioned above, this easement was always meant to serve as a public street connection and Sovi Subdivision AZ -15-007; PP -15-010 PAGE 7 EXHIBIT A staff would like to have the opportunity to work with all parties to extend the roadway in the future. Pedestrian access to the proposed subdivision is also limited. Because the proposed subdivision is in such close proximity to Siena Elementary School, staff believes the applicant should provide a pedestrian connection on the west boundary however; the "no man's" strip of property between the proposed subdivision and the school currently prevents any such connectivity. Streets: All of the proposed streets depicted on the plat are public. A total of 44 -feet of right-of- way is proposed throughout the subdivision with 33 feet between the back of curbs. ACHD's staff has indicated support of the road design as proposed by the applicant. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide detached sidewalks throughout the development. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4, A 25 -foot wide street buffer is required along S. Eagle Road, an arterial street, per UDC Table 11-2A-7 and is required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. A 25 -foot wide buffer is depicted on the plans. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. The landscape plan incorrectly notes that there are no existing trees on the site. Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. The landscape plan depicts existing cedar fence along the north side of the development, an existing six foot tan colored vinyl fence along the south side of the development and an existing chain-link fence along the west side of the development. There is a discrepancy between the applicant's landscape plan and their site plan as to the location of the chain link fence. The landscape plan indicates that the chain link fence is along the western boundary of the parcel and the site plan indicates that the chain link fence is on the west side of the "no man's strip" of property. The applicant is proposing a six foot tan colored fence along the east boundary of the property; no other fencing is proposed. Per UDC 11-3A-7A.b, fencing adjacent to all interior pathways and common open space is restricted to 4 feet in height if closed vision material is used or 6 feet in height if open vision material is used per UDC 11-3A-7A.b. The landscape plan should be revised to include these requirements and incorporate the strip of land on the west boundary. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (5 acres), a minimum of 0.5 acres of qualified useable open space is required to be provided as set forth in UDC 11 -3A -3B. Based on the preliminary plat the applicant is proposing 0.44 acres which is 8.4% of the proposed development. With the ACHD requiring a 12 foot gravel access road across common Lot 26 Block 1, the useable open space will be further reduced. Depending on how it is designed, staff is concerned about how useable the open space will be; the drainage pond may not count towards the required 10% open space as set forth in the UDC. The drainage pond must comply with the storm -water integration standards as set forth in UDC 11-3B-11. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11 -3G -3C. Based on the area of the preliminary plat as determined by staff (5 acres), staff recommends a minimum of 1 qualified Sovi Subdivision AZ -15-007; PP -15-010 PAGE 8 EXHIBIT A site amenity be provided. The applicant has not proposed a site amenity as set forth in UDC 11 -3G -3C. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15, The applicant is proposing to use City's domestic water as irrigation, however as noted in UDC 11 -3A -15.C, the applicant has not provided a waiver of requirements from the irrigation district of proof that they do not have water rights. Use of the City's domestic water as irrigation shall be a last option in providing irrigation water to a proposed development. Building Elevations: The applicant is proposing a mix of attached and detached single- family homes. The applicant has submitted 5 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding, board and batten with stone accents. Because homes on lots that back up to S. Eagle Road (Lots 2-9, Block 1), as well as to S. Milan Ave. and Ionia Court (such as lot 42, 14, 15, and 25 Block 1) will be highly visible; staff recommends that the side of any structure that faces the public street on these lots, incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In addition, the attached single-family homes will be subject to design review (see below.) Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single family attached homes. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In accord with the Findings contained in Exhibit D, Staff recommends denial of the proposed annexation and preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. Kl� W10,11 fy A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06115 15 07/15/2015) 3. Proposed Landscape Plan (dated: W27/15 07/15/2015) 4. Conceptual Building Elevations B. Agency & Department Cormnents/Conditions C. Legal Description & Exhibit Map for Annexation Boundary (REVISED) D. Required Findings from Unified Development Code Sovi Subdivision AZ -15-007; PP -15-010 PAGE 9 EXHIBIT A A. Drawings 1. Vicinity Map Vicinity Map 0 0.125 0.25 Miles Print Date: 7! OM Sovi Subdivision AZ -15-007; PP -15-010 PAGE 9 EXHIBIT A 2. Proposed Preliminary Plat (dated: 85 07/15/2015) MEDFORD PLACE SUB, NO TN 11 7�1 V�1� 14T F� MWANLIRW-1 SOVI SUBDIVISION F,illQXl Si, ELEMLNTOL ARN , , I , '0 SCHO% 8 MESSINA VILLAGE NO. 1 Sovi Subdivision AZ -15-007; PP -15-010 PAGE 10 ===2 t2 to to W Sovi Subdivision AZ -15-007; PP -15-010 PAGE 10 EXHIBIT A 3. Proposed Landscape Plan (dated: 05/27/2015 07/15/2015) ILANDSCAPEILEGEND f3 0 0 C 08 ELOCK I 0 CALLOUT LEGEND 3 OD 600� rh E-1 LLI 0 0 00 U)W CO C@ of LANDSCAPE �PLAN� LANDSCAPE NOTES! PLANT SCHEDULE LANDSCAPE REQUIREMENTS ia[ctxous sone rnccs .r, i1 W.- 7 -7 411 R-1 1 4' R. U.0 Sovi Subdivision AZ -15-007; PP -15-010 PAGE 11 EXHIBIT A 4. Conceptual Building Elevations KJTGE1 PANT 3 L.AUNPR E=NTRY PORCH Mc -M BATH Sovi Subdivision AZ -15-007; PP -15-010 PAGE 13 EXHIBIT A bArH m5T, MATH Sovi Subdivision AZ -15-007; PP -15-010 PAGE 14 EXHIBIT A 4wi DplY 15AIH Sovi Subdivision AZ -15-007; PP -15-010 PAGE 15 EXHIBIT A Sovi Subdivision AZ -15-007; PP -15-010 PAGE 16 EXHIBIT A Sovi Subdivision AZ -15-007; PP -15-010 PAGE 17 EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Councilrg anting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminau plat, landscape plan (including the common open space; a covered picnic area and a pedestrian connection to the school on the west boundary) and building elevations attached in Exhibit A and the revisions noted in the staff report. b. All single-family dwellings constructed within the project shall substantially conform to the materials and elevations proposed and included in Exhibit A.4. The rear or sides of structures on lots that that back up to S. Eagle Road (Lots 2-9, Block 1), as well as to S. Milan Ave. and Ionia Court (Lots 14, 16, 25 and 44, Block 1) will be highly visible; these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.2 The preliminary plat, dated 07/15/15, is approved with the following changes: a. r:i. ,, A.,oto the south r.,.,,nda-. , of the olimin the Commission and Council aim3rove the use of the ,.,,Y,,,,,o drivew The ingress/egress easement across the Messina Village common lot shall be constructed as an emergency access as proposed. The applicant shall coordinate with the Tuscany Homeowner's Association on the design of the access prior to the construction of the emergency access. b. Direct lot access shall be prohibited to S. Eagle Road in accord with UDC 11-3A-3. 1.1.3 07/15/15, is approved with the following changes: a. The fencing proposed along the west boundary of lots 21-25, and the east and south boundary of 27 and 28 shall be a 4 -foot tall solid fence or a 6 -foot tall open vision fence in accordance with UDC 11-3A-7. b. The applicant shall construct a 5 -foot wide pathway to the school site across Lot 30, Block 1 as proposed. The applicant shall coordinate with the West Ada School District on the design and the location of pathway connection to the school property. c. The applicant shall construct a covered picnic area on common Lot 26, Block 1 as proposed. d. The drainage facilitesproposed on Lot 26, Block 1 shall comply with the standards listed in UDC 11 -3B -11C. If sand is proposed for the bottom of the drainage facility, this area shall be removed from the open space calculations. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 18 EXHIBIT A 1.1.4 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are required along both sides of E. Ionia Court and S. Milan Ave. and a 5 -foot wide detached sidewalk is required along S. Eagle Rd. 1.1.5 Lots 18 19 21 22 23 27 28 32 33 34 35 Block 1 shall take aeeess f om eem a..:..emw SAND Lots 7, 8, 9, 11, 12, 13, Blo!',,.,, ck 1 if the mission and Gounei ^ e the e -shall take access from the common driveways as shown. An exhibit depicting the setbacks, buildingenvelope and orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway_ 1.1.6 The applicant shall obtain Certificate of Zoning Compliance and Design Review approval for all attached homes in the proposed subdivision. 1.1.7 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable irrigation district that the property does not have water rights and/or water delivery to the subject property with the submittal of a final plat application. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5 UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 19 EXHIBIT A 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC I1 -6B-3 C2. 1.4.4 The applicant shall obtain approval for all successive phases of the Dreliminary plat within two ears of the signature of the Citv Engineer on the Drevious final Dlat as set forth in UDC 11 -6B - 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2Zagi in approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to connect to the existing 8 -inch sewer main line is located within E. Rome Drive in Messina Village Subdivision No. 1. 2.1.2 Applicant shall be required to connect to the existing water main located in S. Milan Ave., and the main located within E. Rome Drive, thereby looping the water system into all available locations. 2.1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 20 EXHIBIT A 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinaiy water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Departunent of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2. 10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 21 EXHIBIT A 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 22 EXHIBIT A 3. POLICE DEPARTMENT 3.1 The Police Department has concerns that the ten foot space between the western boundary and the school has low visibility. They are also concerned that weeds will grow within that ten foot space and be a problem for code enforcement. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments. 5. REPUBLIC SERVICES 5.1 Republic Services wants to ensure that the garbage totes get to the curb for pickup. 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 48 -feet of right-of-way from the centerline and construct a 5 -foot wide sidewalk, 41 -feet from centerline of Eagle Road. Eagle Road is in the CIP and compensation will be provided for the right-of-way. 7.1.2 Widen the pavement on Eagle Road to 17 -feet from centerline plus a 3 -foot wide gravel shoulder adjacent to the entire site. 7.1.3 Extend Milan Avenue into the site as a 33 -foot street section with curb, gutter, and a 5 -foot wide sidewalk within 44 -feet of right-of-way; terminating in a modified cul-de-sac with an inside turn radius of 26 -feet. 7.1.4 Construct Ionia Court as a 33 -foot street section with curb, gutter, and a 5 -foot sidewalk within 44 -feet of right-of-way; terminating in a snoopy turnaround with an inside turn radius of 26 feet. 7.1.5 Provide a 10 —foot wide easement and access road across the flag portion of Lot 26, Block 1 for an ACHD storm drain facility; and a note on the plat. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACRD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 23 EXHIBIT A 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 24 EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary (REVISED) 5awtoot:h Land 5urveying, LLC P: (208) 396-8104 F: (208) 398-8105 2030 5. W-1, sin6) - /eve., Cminett. IF) 8361 7 July 14, 2015 Annexation Legal for SOVI Parcel A parcel of land located in the NE1/4 of the NE1/4 of Section 29, T. 3 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northeast comer of Section 29; Thence South 0027'46" West, coincident with the east line of the NE1/4 of the NE1/4 of said Section 29, a distance to 960.97 feet to the POINT OF BEGINNING; Thence continuing South 0127'46" West, parallel with said east line of the NE1/4 of the NE1/4 of Section 29, a distance to 330.00 feet; Thence North 89037'13" West, 670.97 feet to a point on the north boundary of Messina Village Subdivision No. 1, as shown on file in Book 86 of Plats at Page 9758, Ada County Records; Thence North 0027'46" East, coincident with the north boundary of said Messina Village Subdivision No. 1, and the east boundary of Messina Hills Subdivision No. 1, as shown on file In Book 87 of Plats, at Page 9829, Ada County Records, 330.00 feet to a point on the south boundary of Medford Place Subdivision, as shown on file in Book 97 of Plats at Page 12107, Ada County Records; Thence South 89037'13' East, coincident with said south boundary of Medford Place Subdivision, 670.97 feet to the POINT OF BEGINNING. The above described parcel contains 5.08 acres more or less. Together with and subject to covenants, easements and restrictions of record. End Description �0- 1_ LAJOa 5- s ��L P:12015115042-CMG-SOVI1DrawingslDescrlptlonslANNEXATiON LEGAL.docx rage 11 Sovi Subdivision AZ -15-007; PP -15-010 PAGE 25 EXHIBIT A Sovi Subdivision AZ -15-007; PP -15-010 PAGE 26 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex 5.08 acres with an R-15 zoning district and develop 36 new single-family residential homes. The Council finds that the proposed map amendment does not comply with the provisions of the Comprehensive Plan. (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The Council finds that annexing the proposed property is net in the best interest of the City if the applicant adheres to the recommended development agreement and the conditions of approval contained in Exhibit B of the staff report.^ its o (fent design been se of the following reasons! 1. There is a surveying/owner-ship diserepaney between the deeds, the legal description supplied by the > and the subdivision plat, development, which would create a County enelave on the west boundary of the proposed subdh4sion; 2. The layout of the preliminary plat does not inelude the proper amount of useable open spaee, the use of eommon driveways eould ereate a parking issue for the proposed > and there is no pedestrian eonneeti-Aty to Siena Elementary Sehool. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is not in substantial compliance with the adopted Comprehensive Plan. i,o,,ause of the lack ,.f ,.,,,,,,eeti ity to the seheel and . useable open Sovi Subdivision AZ -15-007; PP -15-010 PAGE 27 EXHIBIT A ,„ stfip ef land te the west of the proposed subdivision and the exeessive- of eommon dfiyo. ays. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. L The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Commission and staff is unaware. Sovi Subdivision AZ -15-007; PP -15-010 PAGE 28 Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6J PROJECT NUMBER: AZ 15-005 ITEM TITLE: Development Agreement Stonesthrow Development Agreement for Stonesthrow Subdivision (AZ -15-005) Located Approximately'/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue, in the NE'/4 of Section 9, Township 3N., Runge 1 E., Boise Meridian, Ada County, Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a�CY ADA COUNTY RECORDER Christopher D. Rich 2015-088644 BOISE IDAHO Pgs=55 BONNIE 09/24/2015 10:57 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111 11 II II I I III "II'll 00148510201500886440660554 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Four Doors, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of� �, , 2015, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Four Doors, LLC, whose address is 313 N. Main St. Hailey, ID 83333, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 9.22 acres of land from the RUT zoning district in Ada County to the R-40 (High Density Residential) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT— STONESTHROw SUBDIVISION (AZ -15-005) PAGE I OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 28th day of July, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Four Doors, LLC, whose address is 313 N. Main St. Hailey, ID 83333, the party that is developing said DEVELOPMENT AGREEMENT- STONESTHROW SUBDIVISION (AZ -15-005) PAGE 2 OF 8 Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned High Density Residential (R-40) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of the site shall substantially comply with the site plan, building elevations and materials included in Exhibit A of the Staff Report as attached to Findings of Fact and Conclusions of Law (Exhibit `B"), the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual, and the conditions of the Staff Report. 5.1.2 The developer shall work with Wal-Mart to construct a driveway from Venture Street to the existing Wal-Mart north of the site. ACHD would pay for the design and the construction of the driveway if an agreement with Wal- Mart could be made, as the driveway would provide direct access to shopping reducing vehicle trips on the area residential streets. If Wal-Mart declines permission in writing, the developer shall be absolved of this requirement. 5.1.3 The developer shall work with Wal-Mart to obtain permission to remove a small section of the wall along the north boundary of the site for a pedestrian connection between this development and Wal-Mart. If Wal-Mart declines permission in writing, the developer shall be absolved of this requirement. 5.1.4 Signage shall be erected at the exit of the development on E. Florence Drive notifying the public of special needs/hearing impaired residents in the vicinity. 5.1.5 A road trust shall be deposited with ACHD for construction for speed bumps in N. Mt. Hood Avenue adjacent to the site. The trust shall be submitted prior to issuance of the last Certificate of Occupancy for this development and may be released after three years if it is not utilized. DEVELOPMENT AGREEMENT - STONESTHROW SUBDIVISION (AZ -15-005) PAGE 3 OF 8 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City DEVELOPMENT AGREEMENT - STONESTHROW SUBDIVISION (AZ -15-005) PAGE 4 OF 8 nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, ID 83642 DEVELOPMENT AGREEMENT- STONESTHROW SUBDIVISION (AZ -15-005) PAGE 5 OF 8 OWNER/DEVELOPER: Four Doors, LLC 313 N. Main St. Hailey, ID 83333 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject DEVELOPMENT AGREEMENT- STONESTHROW SUBDIVISION (AZ- 15-005) PAGE 6 OF 8 matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval ofthe 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Four Doors, LLC By; %'A VM N & CITY OF MERIDIAN By: pJED.\(I�,LSl May r T 'bmy—deWeerd 0 l ATTEST: City of I IDIANk I O Ali 0 9 aycee Holman, City Clerk ' q rF aH °�rb� rRtas� DEVELOPMENT AGREEMENT —STONESTHROW SUBDIVISION (AZ— 15-005) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this ay of 5eek> ,� X2O15, before me, the undersigned, a Notary Public in and for said State, personally app ared t- , known or identified to me to be the -, e�q of Four Doors, LLC, and acknowledged tome that he executed the same on behal 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. (SEAL) •.•• BEV E qR {•.,�� ,,,,�• 00006#00 0*0 ...•.•.0*0 0 ,0 100 N0T9 %�O =S Al. 08LIC y'' •, 7 •. •. NN 0 40 STATE OF IDAHO ) ss County of Ada ) On this ), day of .) o f , 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cgWfigQQ first above written. ,••g51CA �'`• (SEAL) Nota Public for Idaho , Residing at:%; L 1 IC Commission expires: �1OF— DEVELOPMENT AGREEMENT- STONESTHROW SUBDIVISION (AZ- 15-005) PAGE 8 OF 8 EXHIBIT A Legal Description and Exhibit Map' EXHIBIT A ANNEXATION AND REZONE DESCRIPTION STONESTHROW SUBDIVISION A parcel of land situate in the Northwest quarter of the Northeast quarter of Section 9, Township 3 North, Flange 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of said Section 9; Thence along the East boundary line of said Section 9 South 00°13'40" West, 1325.93 feet to the Southeast corner of the Northeast quarter of the Northeast quarter of said Section 9; Thence leaving said East boundary line North 89°22'16" West, 1335.83 feet along the Southerly boundary line of the Northeast quarter of the Northeast quarter of said Section 9 to the Northeast corner of Macaile Meadows Subdivision, as shown on the official plat thereof filed in Book 84 of Plats at Pages 9264 through 9256, records of Ada County, Idaho; Thence along the North boundary line of said Macaile Meadows Subdivision North 89°22'16" West, 387.92 feet to the Northwest corner of Lot 43, Block 8 of said Macaile Meadows Subdivision, said point being the REAL. POINT OF BEGINNING; Thence continuing along said North boundary line North 89°2216" West, 947.68 feet to the Northwest corner of said Macaile Meadows Subdivision; Thence along the West boundary line of Crossroads Subdivision No. 6 as shown on the official plat thereof filed in Book 76 of Plats at Pages 7941 through 7942, records of Ada County, Idaho and the southerly boundary line of Lot 2, Block 1 of Records East Subdivision, as shown on the official plat thereof filed in Hook 80 of Plats at Pages 8654 through 8656, records of Ada County, Idaho North 0004613" East, 453.40 feet to an angle point in the southerly boundary line of said Lot 2; Thence along said southerly boundary line South 89°37'21" East, 590.85 feet to the Southeast corner of said Lot 2; thence along the exterior boundary line of that parcel of land as described in that Warranty Deed recorded as Instrument No. 102040075, records of Ada County, Idaho the following 10 courses; Thence South 00°51'31" West, 38.46 feet; Thence 11.63 feet along the arc of a curve to the right having a radius of 20.00 feet, a central angle of 33°18'51" and a long chord which bears South 17°30'57" West, a distance of 11.47 feet; Thence 137.27 feet along the arc of a reverse curve to the left having a radius of 50.00 feet, a central angle of 157018'20" and a long chord which bears South 44028'47" East, a distance of 98.05 feet; Thence 11.74 feet along the arc of a reverse curve to the right having a radius Stonesthrow Subdivision AZ -15-005 EXHTBIT A of 20.00 feet, a central angle of 33°38'21" and a long chord which bears North 73°41'13" East, a distance of 11.57 feet; Thence South 89°29'36" East, 306.00 feet; Thence 31.42 feet along the arc of a curve to the right having a radius of 20.00 feet, a central angle of 89°59'59" and a long chord which bears South 44°29'35" East, a distance of 28.28 feet; Thence South 00°30'24" West, 170.09 feet; Thence 30.87 feet along the arc of a curve to the right having a radius of 75.00 feet, a central angle of 23°35'09" and a long chord which bears South 12°17'58" West, a distance of 30.66 feet; Thence South 24005'33" West, 78.00 feet; Thence 51.19 feet along the arc of a curve to the left having a radius of 125.00 feet, a central angle of 23°27'44" and a long chord which bears South 12°21'38" West, a distance of 50.83 feet to the REAL. POINT OF BEGINNING. Containing 9.22 acres, more or less Stonesthrow Subdivision AZ- 15-005-, a 0 ir of 0 EXHIM A RECORDS EAST SUBDIVISION UNPLATTED W. FAIRAEW AVE S 4 5 3 S 9 5 10 589'3721 "E 5 0 5' $0'51'31 "W 38.46' N. MOUNT C1 HOOD AVE. I --y- cn Qi C4 I co 0 M 306.00' I w� �I C3 Nlo UNPLATTED I m �1 9.22 ACRES j-, (� a V) Mho o C5 lav 524.05'33"W S89.22'18"E ; _ 78.00 1335.85' C6 N89'22'16"W 947.68' REAL POINT OF BEGINNING N1/16 589'22'16"E NE COR, MACAILE MACAILE SUBDIVISION 387,92' SUBDIVIS1oN CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Ct 20.00 11.63 11.47 S17'30'57" W 33'18'51" C2 50.00 137.27 98.05 544'28'47"E 157'18'20" C3 20.00 11.74 11.57 573'41'13"W 33'38'21" C4 1 20.00 1 31.42 1 28.28 S44'29'35"E: 89159'59" C5 75.00 30.87 30.66 Si 2'17'58"W 2335'09" C6 125.00 1 51.19 50.83 Sl 2-21-38"W 23'27'44" 7 729 Y G,0 IDAHO WO WATSMOVISR ST, SURVEY sun 190 MFEMOM 10AHOMM2 GROUP, P.C. I20a1 a4aavo Stonesthrow Subdivision AZ -15-005, 2s 100 400 0 50 200 600 SCALE: 1 " = 200' EXHIBIT B 15-004 STONESTHROW SUB. ANNEXATION & RE -ZONE SHEET HC 1 LOCATED IN HW 1/4 OF THE HE 1/4 OF SCO11ON D. OWO, NT UN„ (ME„ DAA., AOA COUNW, IDAHO 4/20/14 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW , AND law, I DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 10.26 Acres of Land with an R-40 Zoning District; Preliminary Plat Consisting of Thirty Five (35) Multi -Family Residential Building Lots and Six (6) Common Area Lots on 9.22 Acres of Land for Stonesthrow Subdivision; and Conditional Use Permit for a Multi -Family Development Consisting of One Hundred and Forty (140) Dwelling Units in an R-40 Zoning District, by Steve Arnold. Case No(s). AZ -15-005; PP -15-006; CUP -15-009 For the City Council Hearing Date of. July 7, 2015 (Findings on July 28, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 7, 2015, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-005; PP -15-006; CUP -15-009 - I - 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 Planning 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 7, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the Development Agreement, Rezone, and combined Preliminary and Final Plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of May 19, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C): Notice of Two (2) Year 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-005; PP -15-006; CUP -15-009 - 2 - 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 -5B -6F). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D). 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 two (2) year approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 7, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-005; PP -15-006; CUP -15-009 - 3 - By action of the City Council at its regular meeting held on the day of , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT IaITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER VOTED VOTED VOTED VOTED_ VOTED COUNCIL MEMBER GENESIS MILAM VOTED VV--A,- MAYOR A, - MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y Weerd �4OXtgV BD nunvrr Attest: CU�p City of E IDIAN 1nni10 Jay-cZe H a—n SEAL yYw City Clerk r�9°rhe raE15��f�� Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. B Dated: O t )I � .l Q°��1_n I� City erk's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW .AND RECISION & ORDER CASE NO(S), AZ -15-005; PP -15-006; CUP -15-009 -4- EXHIBIT A STAFF REPORT HEARING DATE: July 7, 2015 E IDIAN - TO: Mayor & City Council t FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -15-005; PP -15-006; CUP -15-009 — Stonesthrow Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Steve Arnold, has submitted an application for annexation and zoning (AZ), preliminary plat (PP) and conditional use permit (CUP) for Stonesthrow Subdivision. The applicant proposes to annex and zone 10.26 acres of land from the RUT zoning district in Ada County to the R-40 zoning district in the City. The preliminary plat consists of 35 multi -family residential lots and 6 common lots in an R-40 zoning district on 9.22 acres of land. The conditional use permit is for a multi -family development consisting of 140 dwelling units in a proposed R-40 zoning district as required by UDC Table 11-2A-2. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PP and CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian PlanninLy & Zoning Commission heard these items on June 4. 2015. At the public hearinE, the Commission moved to recommend approval of the subiect AZ. PP and CUP requests. a. Summary of Commission Public Hearing: L In favor: Steve Arnold ii. In opposition: Alvera McClain, Georgia Lett; Linda Monroe, Rubv Strubal; Deborah McKnight; Ray Valenti; Emery Helm; Richard Salisbury; Patricia Jennings; Randy Jennings; Doug Peterson; Lori Cover, Robert Stucker; Scott Kim, Delores Sass; Megan Ward; Ken Sansoucie iii. Commenting: None iv. Written testimony: Steve Arnold; petition from adjacent property owners in Crossroads Subdivision, Emery & Pamela Helm; and Shirley Lovett v. Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Traffic circulation and volumes in the general vicinity. c. Key Commission Change(s) to Staff Recommendation: i. Erect signage notifying the public of special needs/hearing impaired residents in the vicinity at the exit of the development on Florence (see condition #1.1.ld) ii. Where crosswalks are proposed they should be constructed as raised crosswalks for a length of 6-8 feet for traffic calming (or other traffic calming method as allowed by ACHD) (see condition #1.1.5e). Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 1 EXHIBIT A d. Outstanding Issues) for City Council: L None The Meridian City Council heard these items on July 7, 2015, At the public hearing. the Council approved the subject AZ. PP and CUP requests a� Summary of City Council Public Hearin= I. In ! 1!M 1L In opposition: Emory Commenti= None Ly� Written testimony: Steve Arnold; petition from property owne Crossroads Subdivision; Emory and Pamela Helm; and Shirle y� Staff presenting application: Sonya )YaAters A Other staff commenting on applicationLNone Key Issues of Discussion Council: c. kev Council Changes to Staff/Commissi-on Recommend-a-dQu L Inclusion of a development agreement provision- _ i ' - oad trust to with ACHD for construction of speed bumps in N. Mt. Hood Avenue adi=nt to tile site, The trust shall be submitted prior to issuance of the last Certificate of for this development and be released after three years if it's not utilizWA&e"ondition III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15- 005, PP -15-006 & CUP -15-009, as presented in the staff report for the hearing date of July 7, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-005, PP -15-006 & CUP -15-009, as presented during the hearing on July 7, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers AZ -15-005, PP -15-006 & CUP -15-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located approximately 1/4 mile south of E. Fairview Avenue on the west side of N. Mount Hood Avenue, in the NE '/a of Section 9, Township 3 North, Range 1 East. (Parcel No. S1109121000) B. Applicant: Steve Arnold 1785 S. Whisper Cove Boise, ID 83709 C. Owner: Sable, LLC Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 2 EXHIBIT A 2074 W. Rieber Drive Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation, preliminary plat and conditional use pennit. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 18 and June 1, 2015 (Commission); June 15 and 29- 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission); June 11, 2015 (City Council) D. Applicant posted notice on site(s) on: May 22, 2015 (Commission); June 19, 2015 (City Council) VI. LAND USE A. Existing Land Use(s): The site consists of vacant undeveloped land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Wal-Mart, zoned C -C; and a cemetery, zoned RUT in Ada County South: Single-family residential properties in Macaile Meadows Subdivision, zoned R-8 East: Single-family residential properties in the development process, zoned RUT in Ada County West: Single-family residential properties in Crossroads Subdivision, zoned R-4 C. History of Previous Actions: NA D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists at the western boundary in E. Florence Drive. 2. Location of water: Water mains intended to provide service to the subject site currently exist at the end of E. Florence Drive, N. Venture Street, and N. Mount Hood Avenue. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no open ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) currently designates this property as High Density Residential (HDR). The purpose of the HDR designation is to allow for the development of multi -family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. Developments might include duplexes, apartment buildings, townhouses, and other multi -unit structures. A desirable project would consider the placement of parking areas, fences, berms, and other landscaping features to serve as buffers between neighboring uses. Developments need to Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009 PAGE 3 EXHIBIT A incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The applicant proposes to develop 140 apartment units on the site consisting of a mix of 2 and 3 bedroom units resulting in a gross density of 15.18 dwelling units per acre (d.u./acre) and a net density of 16.39 d.u./acre, consistent with the HDR designation. Staff has reviewed the proposed building elevations for the multi -family structures and deems them to be of high quality design and materials (e.g. mix of fiber cement board and batten and/or shingle style siding, horizontal lap siding, and trim and fascia with architectural grade asphalt shingles) as desired in HDR designated areas. Landscaping is proposed along the perimeter boundaries, which will assist in providing a buffer to adjoining residential and commercial uses. The layout and design of the development with the off -set buildings provides modulation, interest, and varying setbacks to adjacent sheets and abutting uses. Although the adjacent residential developments to the west, south and north did not provide any pedestrians connections to this sit, pathways are proposed internally for interconnectivity throughout the development. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B) The proposed multi family residential development will contribute to the variety 4housing types available within this part of the City and offer rental options for 2 and 3 bedroom units. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the property. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117) The proposed multi family residential development should be compatible with existing and future single-family residential uses to the south, west and east while providing a transition and buffer to the existing commercial use (Wal-Mart) to the north. The applicant proposes a modified pinwheel design for the structures that abut existing residential properties to the west and south. These structures have their front entrance on the other sides of the structures; only a patio with a sliding door will face the west and south respectively. Additionally, a greater rear setback is proposed than the required l5 feet, ranging from 22-30 feet along the west boundary and 30-40 feet along the south boundary. "Encourage infill development." (3.01.02B) The subject property is surrounded by property on the north, west and south sides that has been annexed and developed in the City. Development of this parcel will allow cit)) services to be extended to this site as planned. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 4 EXHIBIT A "Require common area in all subdivisions." (3.07.02F) Common area is proposed on Lot 1, Block 2 for a clubhouse, swimming pool and bocce ball court as shown on the landscape plan attached in ExhibitA.3. The applicant is required to provide qualified open space in accord with the standards listed in UDC 11 -3G -3B. "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The proposed apartments will contribute to the variety of residential housing options and rental prices available within the City. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.3. "Provide a walkable community through good design." (2.01.01 A) There are several sidewalk connections between buildings and to and through the proposed parking meas. The extension of sidewalk along Florence Drive also makes this conznnunity/neighborhood more walkable. There is a major retailer (Wal Mart) just north of the subject site. Staff believes a pedestrian connection should be provided so members of the community/neighborhood do not have to walk all the way around the existing block wall to get there. "Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc). (3.01.01B) Staff has evaluated the impact this development would have. Please see the analysis section and comments from other service providers. ACHD has included analysis in their report for the impact this development will have on traffic. "Designate areas for high density residential on the Future Land Use Map." (3.07.01 G) This property is one of the few areas throughout the Cit) designated high density residential ort the FL UM. "Provide housing options close to employment and shopping centers." (3.07.02D) This site is adjacent to a Wal-Mart and near both the Crossroads shopping center and The Village. There are already single-family housing options in this area; the proposed project will provide additional housing options. For the above reasons, staff believes the proposed development is consistent with the policies and goals of the Comprehensive Plan and will be a desirable project in the HDR designated area. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 5 EXHIBIT A B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-40 zoning district. The proposed multi -family development is listed as a conditional use in the R-40 zoning district. The specific use standards listed in UDC 11-4-3-27 for multi -family developments apply to development of this property. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district apply to development of this site. D. Landscaping Standards (UDC I 1-3B): The standards for landscaping contained in UDC I 1-3B and 11-4-3-27F apply to development of this site. E. Common Open Space and Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-3-27C; andl1-4-3-27D. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION (AZ): The applicant proposes to annex and zone 10.26 acres of land from the RUT district to the R-40 zoning district. As discussed above in Section VII, staff believes the proposed zoning and development is consistent with the goals and policies in the Comprehensive Plan and with the HDR designation for this site. The applicant has submitted a site plan, included in Exhibit A.4, which depicts how the site is proposed to develop with a multi -family residential development consisting of 140 dwelling units. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The City may require a development agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B and as detailed below. CONDITIONAL USE PERMIT (CUP): A CUP is requested for a multi -family development in an R-40 zoning district as required by UDC Table 11-2A-2. The multi -family development is proposed to consist of a total of 140 dwelling units in 35 four- plex structures with a clubhouse, swimming pool, pathways and a bocce ball court on 9.22 acres of land. A mix of 2 and 3 bedroom units are proposed. Specific Use Standards: The specific use standards for inulti-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staffs comments in italics) A minimum of 80 square feet (s.£) of private useable open space is required to be provided for each unit. The applicant states that 80 s.f ofprivate useable open space will be provided for each unit through private patios. Staff recommends revised floor plans are submitted prior to the City Council hearing that clearly depicts the square footage of the patios in accord with this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory snap of the development at an entrance or convenient location for those entering the development. The propero3 Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009 PAGE 6 EXHIBIT A management office is proposed within the clubhouse building; each building will have a storage area for maintenance supplies; a central mailbox location with provisions for parcel mail and directory nrap of the development should be depicted on a revised site plan submitted prior to the City Council hearing. At a minimum, 250 s.f. of common open space is required for each unit containing more than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units contain between 500 and 1,200 square feet of living area, a minimum of 35,000 s.f. (or 0.80 of an acre) of common open space is required to be provided. A total of 4.39 acres of common open space consisting of the clubhouse/swimming pool/bocce ball court lot and open space between buildings is proposed in excess of UDC standards. For multi -family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. Because 140 units are proposed, more than 4 amenities should be provided for the site with at least one from each category (i.e. quality of life, open space, recreation). The applicant proposes to provide a clubhouse, swimming pool, bocce ball court, walking paths throughout the development, and a fitness facility in the clubhouse, which fall under the quality of life and recreation categories. Staff recommends one additional amenityfrom the open space category (i.e. open grassy area of at least 50'x 100' in size, community garden; ponds or water features; or a plaza) is provided within the proposed development. The architectural character of the structures shall comply with UDC 11-4-3-27E. The conceptual elevations included in Exhibit A.4 appear to comply with this requirement. Administrative design review is required with the Certificate of Zoning Compliance application to ensure final design of structures comply with this requirement and design review requirements. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows; the landscaped area shall be at least 3 -feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plans. The landscape plan submitted with the Certificate of Zoning Compliance should comply with this requirement for the structures that front on E. Florence Drive and N. Mount Hood Avenue. The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should submit documentation of compliance with this requirement with the Certificate of Zoning Compliance application. Parking: For multi -family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6. Based on (140) 2-3 bedroom units, 140 covered spaces and 140 open spaces are required for a total of 280 parking spaces. The site plan depicts a total of 284 parking spaces, 50% of which will be covered, in accord with UDC standards. The site plan should be revised prior to the City Council meeting to include the locations of the covered parking stalls. For the clubhouse, a minimum of one space per 500 square feet of gross floor area is required to be provided in accord with the standards listed in UDC 11 -3C -6B. Based 2,375 square feet, a Stonestbrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 7 EXHIBIT A minimum of 4 parking spaces are required; 4 spaces are depicted on the site plan in accord with UDC standards. A minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof is required to be provided on the site per UDC 11 -3C -6G in accord with the standards listed in UDC 11 -3C -5C. Based on 284 vehicle spaces required to be provided on the site, a minimum of 12 bicycle spaces are required. The applicant proposes 23 bicycle racks in compliance with this requirement. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C. The landscaping appears to comply with these standards except for the two rows of parking on the east side of the clubhouse/pool. Per the UDC, a linear group of parking spaces can't exceed 12 in a row without an internal planter island. The parking area on the west side of the clubhouse and pool area has two rows of parking with more than 12 stalls and no planter island. Planter islands should be added within the parking areas on both sides of the drive aisle in accord with this requirement. Landscaping is required along the foundation of all street facing elevations in accord with the standards listed in UDC 11-4-3-27F; the landscape plan submitted with the Certificate of Zoning Compliance application should include landscaping in accord with this requirement on all street facing elevations along E. Florence Drive and N. Mount Hood Avenue. Building Elevations: Building elevations and pictures were submitted for the residential and clubhouse structures within this development as shown in Exhibit A.5. Three different designs of the residential structures are proposed consisting of a pinwheel design, modified pinwheel (there is not an entry on the back side of the structure, only a patio, on structures that abut existing residential properties), and a modern design. The proposed structures have the appearance of single-family homes rather than apartments. Building materials are proposed to consist of a mix of fiber cement board and batten and/or shingle style siding, horizontal lap siding, and trim and fascia with architectural grade asphalt shingles. Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC I 1-5B-1. Design Review: The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and design guidelines included in the Meridian Design Manual. PRELIMINARY PLAT (PP): A 41 lot PP consisting of 35 building lots and 6 common lots in the R-40 zoning district is proposed on 9.22 acres of land for Stonesthrow Subdivision. The plat is proposed to develop in three phases as shown on the phasing plan in Exhibit A.2. Existing Structures: There are no existing structures on this site. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.8 for the R-40 zoning district. All of the lots comply with the minimum standards. Construction of buildings on the site should comply with the setback and dimensional standards for the R-40 district. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 8 EXHIBIT A The proposed plat is required to comply with the maximum block length standards listed in UDC 11 -6C -3F; staff has reviewed the plat and it complies with these standards. Access: The proposed plat depicts access to the development via N. Mount Hood Avenue and the extension of E. Florence Drive, both local streets. Several driveways are proposed via E. Florence Drive. The UDC does not restrict access to local streets. Stub Streets: There is one stub street (E. Florence Drive) that exists to this site located at the west boundary, which is proposed to be extended through the site and connect to N. Venture Sheet with the first phase of development. Extension of Florence Drive into and through this site is key for both neighborhood connectivity and vehicular circulation and access to a signal at Fairview Avenue (at Records). No stub streets are proposed with this development as the surrounding property is already developed. Traffic Impact Study (TIS): A TIS was submitted to and reviewed by ACHD which included the single-family residential project to the east (White Cloud Subdivision). The ACHD report states all of the existing local streets will operate within ACHD's acceptable level of service thresholds for local streets. Street Improvements: The applicant proposes to complete Venture Street and Mount Hood Avenue as 36 -foot street sections with vertical curb, gutter, and 5 -foot wide attached concrete sidewalks within the existing right-of-way. Florence Drive is proposed to be extended through the site and connect to Venture Street as a 36 - foot street section with curb, gutter and 5 -foot wide detached sidewalks. Three bulb outs are also proposed to be constricted on Florence for traffic calming purposes. ACHD recommended to the applicant and the City in their staff report that the applicant work with Wal-Mart to construct a driveway from Venture Street to the existing Wal-Mart north of the site. ACRD would pay for the design and the construction of the driveway if an agreement with Wal-Mart could be made, as the driveway would provide direct access to shopping reducing vehicle trips on area residential streets. Staff concurs with ACHD's recommendation and is including a condition of approval to that effect. Landscaping: Street buffer landscaping is not required to be provided as only local sheets abut this site; local streets do not require a street buffer in the R-40 zoning district. Open Space: A minimum of 10% (or 0.92 of an acre) of the area of the site is required to consist of qualified open space in addition to the requirements listed in UDC 11-4-3-27, per UDC 11 -3G - 3A. Qualified open space must comply with the standards listed in UDC 11 -3G -3B. A total of 4.39 acres of common open space is depicted on the plans. However, the open space proposed does not meet the minimum requirements for qualified open space. A total of 19,402 s.f. (or 0.45 of an acre) of qualified open space is proposed within Lot 1, Block Block 2; an additional 0.47 of an acre of qualified open space is required to be provided. Staff recommends the applicant provide details on the provision of the additional qualified open space at, or prior to, the Commission hearing. Site Amenities: A minimum of one site amenity that meets the requirements listed in UDC 11- 3G -3C is required to be provided with this development in addition to the site amenity requirements listed in UDC 11-4-3-27, Multi -family Developments, per UDC11-3G-3A. Qualified site amenities must comply with the standards listed in UDC 11 -3G -3C. Staff recommends the applicant provide one additional site amenity in accord with this standard; details of the amenity should be provided at, or prior to, the Commission hearing. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 9 EXHIBIT A Multi -Use Pathway: No multi -use pathways are designated on the Pathways Master Plan for this site. Waterways: There are no open ditches on this site. Fencing: All fencing should comply with the standards listed in UDC I 1-3A-7. A detail for six-foot tall vinyl privacy fence and 6 -foot tall vinyl with lattice top fence is depicted on the landscape plan for fencing that may be constructed around the perimeter of this site to replace the existing fence(s); the applicant is unsure at this point if fencing will be constructed. The plan submitted with the Certificate of Zoning Compliance application should depict the type and location of all fencing if proposed. There is existing cedar fencing along the west boundary of this site and along the north boundary of the building lots along the south boundary of the site; cinder block fencing exists along the north boundary of the site. For interconnectivity to the Wal-Mart parcel to the north, staff recommends a small section of the wall is removed, with the permission of Wal-Mart, and a pathway connection is provided. Additionally, because there is a 10 -foot wide common area lot along the southern boundary of the site on the Macaile Meadows property, staff recommends any fencing installed along this boundary comply with the standards listed in UDC 11 -3A -7A.7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17 along E. Florence Drive, N. Venture Street and N. Mount Hood Avenue. A 5 -foot wide detached sidewalk is proposed along both sides of E. Florence Dr. and a 5 -foot wide attached sidewalk is proposed along N. Venture Street and N. Mount Hood Avenue. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Storm drainage is proposed to be retained on-site through surface and subsurface facilities as approved by ACRD. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 04/08/15) & Phasing Plan 3. Landscape Plan (dated: 04/08/15) NOT APPROVED 4. Site Plan (dated: 04/08/15) REVISED 5. Conceptual Building Elevations (dated: 10/15/14 and 04/09/15) & Pictures Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 10 EXHIBIT A B. Agency Comments/Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Annexation D. Required Findings from Unified Development Code Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009 PAGE 11 EXHIBIT A Exhibit A.1: Vicinity/Zoning Map Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 12 EXHIBIT A Exhibit A.2: Preliminary Plat (dated: 04/08/15) & Phasing Plan u ,R 11 ld, %1 YP � •�Y ^>LOCAWN - � �- �� -tib-- ___- -.. . - i . \ •'. -_-. -�-_-= ._ — — � � ., t;.. �r� � •� � xn trr urs _• —Lar t6� µ `' �2 y Lrt 3S Lt J) t:.i 7d L..t 11'. Lorit 5 IS ` 1 `yn^^• -• 16 Lot f¢ - 4Ic-V MR F, k—, 21 �( c� t t /{f u 1 I -A �r „V � Y g. i t roe`: r m I SIONENSOWSUSUYMON a ...;-, TEAM Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 13 L y • �I if ` I:OIES LECEI-v PFFLI`!1\4:f CEt¢.n"4'E'R {i/1T.f'E. Ds .2.=,`,`v`-:sem•=-. u:�„a"' auc ` -`� - UE _ fz PNEGMINMYPurmp STONETUROW SUBDIVISION i ..,��ll��il� ,,, c M ��=— °nrnurtvntH� roar t+r rrnraark alR uflYrallY vnrreaw..w erm.auas 1' �'� a,.�•a ��. �� _ � rt,. `�� rff u,ti�_r�.�e.�u� ,��, TEAM 4Ic-V MR F, k—, 21 �( c� t t /{f u 1 I -A �r „V � Y g. i t roe`: r m I SIONENSOWSUSUYMON a ...;-, TEAM Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 13 EXHIBIT A Exhibit A.3: Landscape Plan (dated: 04/08/15) — NOT APPROVED 1^ OG4TICtJ i I L1 3, � __ _ __T —^ — _ I r 1� � ''C" �"Ti•`� j� I � � �, � } , — c J 111 . �i/ _ _.EFrartin 1 ?. 'I•S 1 '�'--tRl�j% ' - 1 � `.r .I f P71 a P-77,- 1 �-} ]4 .? >✓ r _ y I, �I � LINT S kiLE I �`"�.-� L a >ti•->� �� 8 I} I M a1 - 'ff'"T i— '� D 1( ---� i 4`' rC—. �TtiF {_•. �' �.--1 '� #— �'—_ fid'. r, •Y� �_Y� I i,F y5� - I,p� yl I , t V, Tm ,. ,. (� •,„r `' .. =' -ELIMINIIRYMMUCHEPIAN .�� •� --, --. -� = - .nor rcu -..• ;' -• • ,1 [� I .• '`� ,S � `_ \ ♦�\� ,. Arf' •• iT •�_)._ \�ss3 STONETNRDW SUBDIVISION I 11(11/ RIRRIYR -•, UiIWKf.Ka14 RIYYIIMY ,. •... tlAlfYfli'NII, Y1gMIt.tV/ .uaumz vmz y.. �„��- F - i ,:L Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 14 EXHIBIT A Exhibit A.4: Site Plan (dated: 04/08/15) R VI D 7 _ - Wkk aocK I L - n a + r It is - .-� � � �I hK. r L -a LE<iE�9 NMI f Etl%4NAfif EE%fL�PEE%T iFAT-�E3[ _ _ _ u aim w+.•Z oc'r >Yq crmixc Z-1 �E+R:L IYAYfllfi[dcc �auar �rxT pi niv cLLi nas w� `y _. cti-,� .. [[ My w w rto et Kms. �:. M+[•r•ers .r:nv... u..vn - et [,= •- PW MAP SNNETHROW SUBDIVISION E... _-�— �[ r•. u iStBR[ Lilt MR�i �.i+�r. [cIIMM S1EILwII.tY� •^ ' 'a' 1�2CSWii>.�E+LL 4,[5<4'i c.� 'KtT .I� Stonesth ow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 15 EXHIBIT A t4 , L .z s o411:1 L t�; L . -.-m.. + vFWECT b I1 6 Loc MN 71 L T-L i:�q° \ C BLOCK 2 IHtiL i _ iCWTY M1rFP L C ZE e v r , ( s , U, 11 VA t,riz,J ® 1 x t� s r., LECEVD r Q <s,? 1.07E5 NE11.11"RY EE\ L'ti E'aT M4T:REic —•—• — KrJ£C rtrlr:Ms. r.x.�.s-a'r'c t'=r. -- miltarur IRm . ..rz ur'c �� • • .�. ra .0 wn 7.tt.v er xr..wa e.c+r.+ � c.r.n3 v,r.� IteHYlL uz PUD Mar STDNETHRUW SURDMISIUH --� - >�rumvwranlpwmul�w E.====3— � �. ' wrnrw, fJCL14lYtEYfI11Y1 - a- �% emwraaµw�aim,rue Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 16 EXHIBIT A Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 17 EXHIBIT A Exhibit A.5: Conceptual Building Elevations (dated: 10/15/14 and 04/09/15) & Pictures Pinwheel Design (Internal lots — Lots 17-20 & 30-33 and Lot 5, Blk 2) Ill ELT lZrIl,'OTES T � I 2 ENTRY/ D UNIT - SIDE ELEVATION .IIP:' T) ' TLE I Uff, ENTRY; A tTNIT -SIDE ELEVATION SQVAME F&WTG-F aR 2 FLOOR PLAN' 1 IIR5:' FM)R PL1N Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 18 F - EXHIBIT A Modified Pinwheel Design (no rear entry) (lots along south and west boundaries) SHEETI�A>OTE5 A C'N1TS - ENTRY ELEVATION 3 !LUN 'IT - ENTRY/ A UNIT - SIDE ELEVATION C'NlT L\7R5'i D UNIT SIDE ELEVATION 1 C\ITS SIDE ELEVATION I ei 4 7'. DC!LDING SFCTIO\ �, "A-,', "B" UNITS UNPIS 2 SECO\D FLOOR PLAN - "A"& "B" UNrr,1 6ROU\D FLOOR PLAN - "A" & "B" UNITS Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009 PAGE 19 Y W 1 UW 3 O¢�s SQ In EXHIBIT A Modem Design (all other lots) 2 SIDE E ,E% A nON I' E\TRI; ELEVATIO\ 1 FIRST FLOOR PLi\ Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 20 to X Q J (n w W D QU. O 0 t" ------------ T - m A 7-111 o o o R1MI, I blj I B-1� _ o 8 1 'o o 1 FIRST FLOOR PLi\ Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 20 to X Q J (n w W D QU. O 0 EXHIBIT A 2 SECO�*DF'OOx PL`v Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 21 EXHIBIT A Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 22 EXHIBIT A Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 24 Excerclse 18'.4"x28' EXHIBIT A Stonesthrow Sub Clubhouse Concept 1 April 7, 2015 2,375 sq ft FYI — . I I . ,Pool Unisex Offi 1,X10, Equip. wl Shower Catering Mech. Men 12'x9'.4" o Gathering 777� Area WX31, �Reception Office Women tt t 7= 70 -4 - Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 25 EXHIBIT A B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the site shall substantially comply with the site plan, building elevations and materials included in Exhibit A, the design standards listed in UDC l 1-3A-19 and the guidelines contained in the City of Meridian Design Manual, and the conditions in this report. b. The developer shall work with Wal-Mart to construct a driveway from Venture Street to the existing Wal-Mart north of the site. ACHD would pay for the design and the construction of the driveway if an agreement with Wal-Mart could be made, as the driveway would provide direct access to shopping reducing vehicle trips on area residential streets. If Wal-Mart declines permission in writing, the developer shall be absolved of this requirement. c. The developer shall work with Wal-Mart to obtain pennission to remove a small section of the wall along the north boundary of the site for a pedestrian connection between this development and Wal-Mart. If Wal-Mart declines permission in writing, the developer shall be absolved of this requirement. d. Signage shall be erected at the exit of the development on E. Florence Drive notifying -ft public of special needs/hearing impaired residents in the vicinity. e. A road trust shall be deposited with ACHD for constriction of speed bumps in N. Mt. Hood Avenue adjacent to the site. The trust shall be submitted prior to issuance of the last Certificate of Occupancy for this development and may be released after three years if it's not utilized. 1.1.2 The developer shall comply with the specific use standards for multi -family developments listed in UDC 11-4-3-27, including but not limited to the following: a. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. b. Floor plans shall be submitted with the Certificate of Zoning Compliance application that clearly depicts a minimum of 80 square feet for the patios in compliance with private useable open space standards. ., ... .............. u Stonestluow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 26 EXHIBIT A 1.1.4 The landscape plan included in Exhibit A.3, dated 4/8/15, shall be revisedpr4er to the City Council hearing as follows: a. Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards in UDC 11-4-3-27-F. b. Include a calculations table demonstrating compliance with the qualified open space requirements listed in UDC 11 -3G -3B. c. A landscaped planter island is required within the rows of parking on each side of the drive aisle on the east side of the clubhouse/swimming pool in accord with UDC 11-313-8C. d. Fencing details should be included on the plan if fencing is proposed. Any fencing proposed along the southern boundary should comply with the standards listed in UDC 11 -3A -7A.7 for fencing adjacent to common open space. 1.1.5 The site plan included in Exhibit A.4, dated 4/8/15, shall be revised prief to the City Couneil hearing as follows: a. Depict the location of a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development at an entrance or convenient location for those entering the development, in accord with UDC 11-4-3-27B. b. Inelude leeations of eever-ed par -king in aeeE)fd with the standards listed in UDG 11 3C 6. e. The site plan shall depiet a eentral Fnailbox leeation with pfevisie-as for- par -eel mail and difeetefy map of the development in aeeer-d with UDG 11 4 3 27B.-7-. d. Provide an additional minimum 0.47 of an aer-e of qitaloed open spaee as required in UDG- 1 i 3G 3A •n aeeordwith the standards listed -DC- 1 i 3G 3B. Tl I L3SG-'TCArIQLTt �-LT.]TG 17�1T S e. Where crosswalks are proposed they should be raised for a length of 6-8 feet for traffic calming (or other traffic calming method should be provided as allowed by AQW . fA planter island is required within the rows of narking on each side of the drive aisle on the east side of the clubhouse/swinunina pool in accord with UDC 11 -3B -8C. 1.1.6 The final plat shall substantially comply with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3 C. 1.1.7 A minimum 5 -foot wide detached sidewalk shall be constricted along E. Florence Drive and a 5 - foot wide attached sidewalk shall be constructed along N. Mount Hood Avenue and N. Venture Street as proposed in accord with the standards listed in UDC 11-3A-17 with the first phase of this development. 1.1.8 A minimum of 0.92 of an acre (or 10% of the area of the site) of qualified open space is required to be provided on the site as set forth in accord with the standards listed in UDC 11 -3G -3B. The applieant shall provide details at the Commission hearing regarding eomplianee with this standard. 1.1.9 The developer shall provide a clubhouse, swimming pool, bocce ball court, walking paths throughout the development, and a fitness facility in the clubhouse as site amenities in accord with UDC 11-4-3-27D and 11 -3G -3C as proposed. 7r addition, two other site amenities are required to be provided; one from the open space eategery (i.e. open grassy area of at least 50' X 100, in , ' ity gar -den; ponds or water features; or a plaza). per UDC- 11 4 3 271); and one -ass sset foar-4-h- int UDC 11 3G 3C. The appliennt shall provide details at, or- pirior- Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 27 EXHIBIT A to, the Commission hearing on what these amenities will . As presented at the Council hearing, the applicant shall also provide a half basketball or volleyball court, a community garden area, plaza and sitting areas and possibly a dog run as amenities. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3B -5I, 11 -3B -8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.11 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design standards as set forth in UDC 11 -3C -5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-313-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-613 as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions asset forth in UDC 11-513-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 28 EXHIBIT A 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11 -5B -6F1 or 2) gain approval of a time extension as set forth in UDC 11 -5B -6F4. 1.4.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building pen -nit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Street lighting is shown on the landscape plan for private entrances, but type 2 lighting will be required at the intersection of Florence Drive and Venture Street, and at the corner where Florence Drive meets Mount Hood Avenue. A street light plan needs to be included as part of the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/pLiblic_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in confonnance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Stonesttuow Subdivision A7--15-005; PP -15-006; CUP -15-009 PAGE 29 EXHIBIT A 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 30 EXHIBIT A 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4'/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 31 EXHIBIT A 3.5 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible constriction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-27. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.9 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.10 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.11 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 3.12 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or rolson(c',republicservices.com to obtain approval of the dumpster locations on the multi -family residential portion of the site. 6. PARKS DEPARTMENT 6.1 The Park's Department has no cormnents on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Complete Venture Street and Mount Hood Avenue as 36 -foot street sections with vertical curb, gutter, and 5 -foot wide attached concrete sidewalks within the existing right-of-way, as proposed. 7.1.2 Extend Florence Drive east through the site tying into Venture Street as a 36 -foot street section with vertical curb, gutter, and 5 -foot wide detached concrete sidewalks within 50 -feet of right-of- way. Provide a permanent right-of-way easement if public sidewalks are placed outside of the dedicated right-of-way. 7.1.3 Construct 2 bulb -outs providing a minimum width of 24 -feet of pavement curb to curb on Florence Drive, as proposed. Provide written fire department approval for the use of the bulb - outs. 7.1.4 Construct 5 driveways onto Florence Drive and one driveway onto Mount Hood Avenue, as noted below. Pave all of the driveways their full width at least 30 -feet into the site beyond the edge of pavement of Florence Drive and Mount Hood Avenue. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 32 EXHIBIT A Two 24 -foot wide driveways onto Florence Drive (north and south sides), located approximately 125 -feet east of the west property line. One 28 -foot wide driveway onto Florence Drive, located approximately 250 -feet east of the west property line. One 28 -foot wide driveway onto Florence Drive, located approximately 340 -feet east of the west property line. One 28 -foot wide driveway onto Florence Drive, located approximately 455 -feet east of the west property line. One 28 -foot wide driveway onto Mount Hood Avenue, located approximately 200 -feet north of the south property line. 7.1.5 If an agreement can be made with Wal-Mart, coordinate the construction of a driveway from Venture Street to the existing Wal-Mart located north of the site. ACHD will be responsible for the design and construction of the driveway. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be bore by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009 PAGE 33 EXHIBIT A Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACRD Commission. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 34 EXHIBIT A C. Legal Description and Exhibit Map for Proposed Annexation EXHIBIT A ANNEXATION AND REZONE DESCRIPTION STONESTHROW SUBDIVISION A parcel of land situate in the Northwest quarter of the Northeast quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of said Section 9; Thence along the East boundary line of said Section 9 South 00013'40" West, 1325.93 feet to the Southeast corner of the Northeast quarter of the Northeast quarter of said Section 9; Thence leaving said East boundary line North 89°22'16" West, 1335.83 feet along the Southerly boundary line of the Northeast quarter of the Northeast quarter of said Section 9 to the Northeast corner of Macaile Meadows Subdivision, as shown on the official plat thereof filed in Book 84 of Plats at Pages 9254 through 9256, records of Ada County, Idaho; Thence along the North boundary line of said Macaile Meadows Subdivision North 89°22'16" West, 387.92 feet to the Northwest corner of Lot 43, Block 8 of said Macaile Meadows Subdivision, said point being the REAL POINT OF BEGINNING; Thence continuing along said North boundary line North 89°22'16" West, 947.68 feet to the Northwest corner of said Macaile Meadows Subdivision; Thence along the West boundary line of Crossroads Subdivision No. 6 as shown on the official plat thereof filed in Book 76 of Plats at Pages 7941 through 7942, records of Ada County, Idaho and the southerly boundary line of Lot 2, Block 1 of Records East Subdivision , as shown on the official plat thereof filed in Book 80 of Plats at Pages 8654 through 8656, records of Ada County, Idaho North 00°45'13" East, 453.40 feet to an angle point in the southerly boundary line of said Lot 2; Thence along said southerly boundary line South 89°37'21" East, 590.85 feet to the Southeast corner of said Lot 2; thence along the exterior boundary line of that parcel of land as described in that Warranty Deed recorded as Instrument No. 102040075, records of Ada County, Idaho the following 10 courses; Thence South 00°51'31" West, 38.46 feet; Thence 11.63 feet along the arc of a curve to the right having a radius of 20.00 feet, a central angle of 33°18'51" and a long chord which bears South 17030'57" West, a distance of 11.47 feet; Thence 137.27 feet along the arc of a reverse curve to the left having a radius of 50.00 feet, a central angle of 157°18'20" and a long chord which bears South 44°28'47" East, a distance of 98.05 feet; Thence 11.74 feet along the arc of a reverse curve to the right having a radius Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 35 EXHIBIT A of 20.00 feet, a central angle of 33°38'21" and a long chord which bears North 73°41'13" East, a distance of 11.57 feet; Thence South 89°29'36" East, 306.00 feet; Thence 31.42 feet along the are of a curve to the right having a radius of 20.00 feet, a central angle of 89059'59" and a long chord which bears South 44°29'35" East, a distance of 28.28 feet; Thence South 00°30'24" West, 170.09 feet; Thence 30.87 feet along the arc of a curve to the right having a radius of 75.00 feet, a central angle of 23°35'09" and a long chord which bears South 12017'58" West, a distance of 30.66 feet; Thence South 24005'33" West, 78.00 feet; Thence 51.19 feet along the arc of a curve to the left having a radius of 125.00 feet, a central angle of 23°27'44" and a long chord which bears South 12°21'38" West, a distance of 50.83 feet to the REAL POINT OF BEGINNING. Containing 9.22 acres, more or less Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 36 EXHIBIT A 1- T RECORDS EAST SUBDIVISION UNPLATTED _ _ 589'37_21 "E 590, 859 - - ZL18 '31"Wp C1 6' z Om 1 of \, S89'29 36"E _ 306.00' a �I `t C3 O WI i 9.22 ACRES oU) U z C5— I S24'05'33"W 78.00' N89'2216"W 947.68' REAL POINT OF BEGINNING MACAILE SUBDIVISION W. FAIRVIEW AVE S 4 S 3 S 9 S 10 -N. MOUNT HOOD AVE. RADIUS C4 � CHORD BRIG, Irn�Q Ci 20.00 IL6Z O I C'4 N Of p d UNPLATTED m a Sow C2 50.00 137.27 98.05 544'28'47"E 157'18'20" C3 20.00 I p m v 589'22'16"E I �^ z I 1335.83' 1 NI/16 S89'22*16"E NE COR. MACAILE 387,92' SUBDIVISION T V SG � ER�o �1 7729 FTFOF�peC�� \CRY IDAHO 1466 E. WATERTOWER $T. SURVEY SUITE 160 IDAHO 63642 GROUP, P.C. (164"570 AP JL 25 100 400 0 50 200 600 SCALE: 1 " = 200' EXHIBIT B 0 04 STONESTHROW SUB. ANNEXATION & RE -ZONE SHEET Ni LOCATED IN NW 1/4 OF THE HE 1/4 OF SECTION 8, DWO. DAT T - 3N., R.1E., D,N., AOA COUNTY, IDAHO _ 4/20/14 Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009 PAGE 37 CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG, DELTA Ci 20.00 11.63 11.47 517'30'57"W 33'18'51" C2 50.00 137.27 98.05 544'28'47"E 157'18'20" C3 20.00 11.74 11.57 S73'41'13"W 3338'21" C4 20.00 31.42 128.28 S44'29'35"E 89'59'59" C5 75.00 30.87 30.66 S12*17'58"W 23'35'09" C6 125.00 51.19 50.83 512'21'38"W 1 23'27'44" T V SG � ER�o �1 7729 FTFOF�peC�� \CRY IDAHO 1466 E. WATERTOWER $T. SURVEY SUITE 160 IDAHO 63642 GROUP, P.C. (164"570 AP JL 25 100 400 0 50 200 600 SCALE: 1 " = 200' EXHIBIT B 0 04 STONESTHROW SUB. ANNEXATION & RE -ZONE SHEET Ni LOCATED IN NW 1/4 OF THE HE 1/4 OF SECTION 8, DWO. DAT T - 3N., R.1E., D,N., AOA COUNTY, IDAHO _ 4/20/14 Stonesthrow Subdivision A7--15-005; PP -15-006; CUP -15-009 PAGE 37 EXHIBIT A D. Required Findings from Unified Development Code 1. ANNEXATION: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds the proposed annexation to the R-40 zoning district is consistent with the HDR future land use designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed R-40 zoning district and proposed multi -family residential use is consistent with the purpose statement of the residential district in that it provides for a range of housing opportunities including apartments as proposed. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with R-40 zoning district is in the best interest of the City as the property will be able to develop as multi -family project consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the StaffReportfor more information. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 38 EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details front public set -vice providers) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on continents provided by public service providers (i.e., Police, Fire, ACRD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development (see Exhibit B for more detail) . e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. Therefore, the City Council finds the proposed subdivision will not be detrimental to the public health, safety or general welfare. 3. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 zoning district and the specific use standards for multi -family developments. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed multi -family residential use in the R-40 zone meets the objectives and policies of the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the multi -family use will be compatible with existing residential and commercial uses in the Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 28 EXHIBIT A vicinity and with the existing and intended character of the area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. 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. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. 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. The City Council finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of this development; however, whenever undeveloped property is developed, the amount of traffic generation does increase. The ACHD report states all of the existing local streets will operate within ACHD's acceptable level of service thresholds for local streets. h. 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. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Stonesthrow Subdivision AZ -15-005; PP -15-006; CUP -15-009 PAGE 29 Meridian City Council Meeting DATE: September 22, 2015 1ITEM NUMBER: 6K PROJECT NUMBER: FP 15-029 ITEM TITLE: Solterra Subdivision Final Order: FP 15-029 Solterra Subdivision No. 2 by C15,LLC Located Near the Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Forty -Six (46) Single Family Residential Lots and Six (6) Common Lots on Approximately 5.34 Acres in the R-15 Zoning Districts MEETING NOTES f Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6L PROJECT NUMBER: FP 15-030 ITEM TITLE: Heritage Grove Final Order: FP 15-030 Heritage Grove No. 3 by Green Village Development, Inc. Located North of E. Ustick Road and West Side of N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -One (31) Single Family Residential Lots and Four (4) Common Lots on 5.36 Acres of Land in the R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6M PROJECT NUMBER: 106131.A ITEM TITLE: Task Order JUB Enaineers Approval of Task Order 10613.A to JUB Engineers, Inc. for the " East Washington & Carlton Sewer Replacement - Design" project for a Not -To - Exceed amount of $72,138.00.. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TASK ORDER NO. 10613.A Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND JUB ENGINEERS, INC. (ENGINEER) This Task Order is made this 22nd day of September, 2015 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", and accepted by JUB Engineers, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2C) between the above mentioned parties dated October 22, 2013. The Project Name for this Task Order 10613.A is as follows: CITY OF MERIDIAN EAST WASHINGTON & CARLTON SEWER REPLACEMENT - DESIGN PROJECT UNDERSTANDING The CITY intends to extend collection sewer in the area of east Carlton Avenue and East Washington Avenue. Sewer services for homes fronting Washington Avenue and Carlton Avenue will be connected to the new collection sewer. This project conforms to the CITY's overall objective of decommissioning existing alley sewers in the downtown area per a concept developed from a previous task order. Overall the project will encompass approximately 2000 lineal feet of 8 -inch collection sewer. The CITY's goal is to complete a portion of Task 4 in FY2015 with the remainder of the design and construction in FY2016. SCOPE OF WORK Task 1 — Project Administration 1. Kickoff Meeting: Attend a kick-off meeting with the CITY for the purpose of discussing the project approach, obtaining available information, landowner coordination and determining project schedule. Task Order 10613.A E. Washington & Carton Sewer Replacement Page 1 of 7 JUB 2. Progress Meetings: Attend regular progress meetings during the design phase with the CITY as needed throughout the project to discuss project status, provide budget status summaries, present deliverables, and receive direction from the CITY. It is assumed that three (3) such meetings will be required at the various project deliverable stages. 3. Project Administration and Tracking. Monitor team progress, action item lists, task deadlines, items needed from CITY; provide documentation, subconsultant administration, and monthly updates to project team and CITY as needed. Task 2 — Topographic Survey and Base Mapping Survey and Base Mapping: J -U -B shall complete a topographic survey along the proposed sewer corridor as defined below. A. Research and Utility Request: Research available land monuments, plats, records of survey, and right-of-ways on the project sites. J -U -B shall contact utility companies prior to survey via Dig -line to request available utility mapping. Utilities will be shown to the extent they are visible in the field or located by the utility or Owner. B. Survey Control Establish survey control along the alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. Land monuments will be located and shown where found from visual observations during the field survey. Temporary construction benchmarks (T.B.M.'s) will be established on each block of the site. C. Topographic Survey: Complete topographic survey along the sewer mainline corridor. The level of detail for the topographic survey will be commensurate with open trench replacement to locate visual physical features, such as fences, utility poles, surfacing, utilities to the extent that they are found or field located by the utility companies, edge of pavement, face of curb, sidewalks, signal poles, signs, mail boxes, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Width of survey will extend from ROW to ROW on Carlton Avenue and Washington with additional detail areas at street intersections, points of connection, driveways, and existing structures. Sill elevations of the effected residences or building will be established for reference in designing service line depth. The presence of basements will be determined while completing Task 4 work. Existing manholes will be located where connections are intended or reference depth need to be established. D. Base Mapping: Prepare topographic mapping in Civil 3D 2015 at a 1" = 20' scale, 11 "x17". Topographic features will be depicted using standard symbols. Topographic features will be shown on the design plans. Locations (X & Y coordinates) and elevations of local TBMs will be shown. Street ROW will be shown based on the CITY's G.I.S. mapping. Water system and water service will be shown based on CITY's G.I.S. mapping and as marked by the CITY in the field. Storm drainage systems will be referenced based on ACHD's available G.I.S. information and field survey of visible storm drainage facilities. Roadway will be cross-sectioned at 50' intervals, on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Property addresses and ownership will be shown from available GIS information adjacent to the project corridor. Approximate footprints of buildings/homes to be served will be drafted from Ada County's GIS photogrammetry along with approximate existing service line location as generalized from City CCTV. Task Order 10613.A E. Washington & Carton Sewer Replacement Page 2 of 7 JUB Task 3 — Preliminary and Final Design Services 1. Preliminary Desian: A. Review Existing Data, Information: J -U -B shall review CCTV inspection video on the existing sewers in the project area in addition with available record information. The review shall be used to determine approximate location of existing services connections at the main. In addition, major structural deficiencies in the sewer Segment S7 will also be reviewed and evaluated for in-situ rehabilitation. The approximate locations of the service connections will be overlain on available aerial mapping for reference during the preliminary design. B. Preliminary Design: J -U -B shall complete preliminary design of the vertical and horizontal alignments of the collection sewer. The preliminary design profile shall include an allowance for service rerouting and known basements containing water services through work tasks completed in Task 4. Properties of apparent controlling service lines will be identified based on length of service line, depth of service connection at existing sewer, potential service line re-routing and grade controlling service connections. Horizontal alignment shall consider ACHD and City corridor compliance, sanitary separation and constructability. 2. 75% Complete Desian Packaae: A. Final Design: Design shall include referencing the landowner's preferred location of the sewer service connection at the street ROW as developed in Task 3. Design shall incorporate utility corridor compliance, service connections, manhole connections or replacement, utility separations, utility conflicts, sewer manhole abandonment where applicable, constructability, construction access, excavation depths, minimization of pavement repair and impacts to traffic and adjoining properties. Pavement section shall be based on ACHD's standards for local roads and ACHD's potholing information. Known utility or non -potable water crossing will be indicated on the Plans. B. Construction Plans: Plan and profile sheets will be prepared showing proposed sewer, sewer service connections, surface repair, manhole replacements or connections, existing sewer connections, surface repair and other pertinent details. Plans will be 11 "x17" with a 1 "=20' or similar scale. Details will utilize CITY and ISPWC standard drawings as applicable. C. SWPPP and ESC: J -U -B will prepare a SWPPP narrative per the 2012 Construction General permit and the CITY ESC plan requirements and standards for initial review by the CITY's Environmental Division. The SWPPP and CITY's ESC requirements will be incorporated into the technical specifications. D. Technical Specifications: Prepare revisions to the most current versions of the standard specifications (2012 ISPWC and Meridian's Supplemental Specifications and Standard Drawings) for the project. Special provisions shall be developed for specialty work items in conformance with ISPWC formatting. E. An opinion of probable construction cost and preliminary bid schedule will be prepared. F. A senior engineer will perform a QC of the plans and technical specifications. G. J -U -B will submit the 75% review package to the CITY for review and comment. One (1) set of SWPPP narrative and ESC plans will be submitted to CITY's Environmental Division. One (1) set of plans will be submitted to the utility companies for informational purposes. J - Task Order 10613.A E. Washington & Carton Sewer Replacement Page 3 of 7 JUB J -U -B will meet with the CITY to review submittal package and receive comments and direction from Public Works staff on the project. H. Deliverables: Four (4) copies of 75% review package, plans, specifications, SWPPP, cost estimate. 3. 90% Final Desian Packaae (Aaency Review): J -U -B shall complete the following subtask in preparation of the 90% complete agency review package. A. Final Design: Revise the alignment, profile, and details from the CITY's 75% review comments as applicable. Complete final design of the collection sewer by addressing pertinent issues with the alignment, profiles, service line stub -out locations or depths, ACHD/CITY corridor compliance, constructability, surface disturbance, sanitary separations, utility conflicts, excavation depths, and other pertinent design issues. B. 90% Construction Plans: Plan and profile sheets will be revised to include 90% design revisions, and details. Plans will be 11 "x17" with a 1 "=20' or similar scale. Details will utilize CITY and ISPWC standard drawings as applicable. C. SWPPP and ESC: Revise the 75% submittal package per CITY's comments and incorporate final design modifications into the technical specifications. The City Environmental Division will approve the plan. D. Technical Specifications: Finalize revisions to the standard specifications and special provisions as required. E. Update the opinion of probable construction cost and preliminary bid schedule as necessary. F. A senior engineer will perform a QC of the plans and technical specifications. G. J -U -B will submit the 90% review package to the CITY and the agencies (Task 5) for review and comment. J -U -B will meet with the CITY to review submittal package and receive comments and direction from Public Works staff on the project as provided in Task 1. H. The CITY will provide full review and comments from the Community Development Divisions as appropriate. I. Deliverables: I. Four (4) copies of 90% review package, plans, specifications, SWPPP, opinion of probable construction cost estimate. ii. Technical specifications in word format for CITY review and editing. iii. Two copies (2) of the SWPPP and ESC 4. 100% Final Desian and Proiect Manual Packaae (QLPE Review. Bid Ready): A. J -U -B will incorporate CITY and agency review comments (as applicable) and revise the Construction Plans, Technical Specifications, and SWPPP. B. Update opinion of probable construction cost and preliminary bid schedule. C. J -U -B will submit six (6) copies of the 100 %( Bid Ready) submittal package for CITY QLPE review and approval. If revisions are necessary, J -U -B will incorporate and resubmit submittal the package. Task Order 10613.A E. Washington & Carton Sewer Replacement Page 4 of 7 JUB D. Deliverables: Six (6) copies of the Final (100% QLPE, Bid Ready) Plans and Project Manual, final opinion of probable construction cost. Electronic pdf version of the 100% Plans, technical specifications, SWPPP. Task 4 — Landowner Coordination and Service Line Routing 1. J -U -B shall assist the City with landowner coordination on the project during the design phase which will include the following: A. Right of Entry Letter: J -U -B will create a right of entry form, informational letter and project vicinity map for CITY review and approval. The flyer will have J -U -B and City contact information that interested parties can call for additional information along with the anticipated timeline to complete the work. All landowner mailings will be sent by the CITY. B. Landowner Meetings and Service Line Routing: J -U -B will visit each property and meet with each landowner (approximately 30) to determine approximately where the existing service exists the building, preferred routing of the new service line, and determination if basements are present. J -U -B will in conjunction with the landowner and CITY staff will develop a preferred corridor for the new service line. Sewer service depth at the existing structures shall be estimated from existing mainline invert elevations at the observed service connections from the CITY's CCTV and assumed grade to the structure. Approximate ground elevation at the building's connection point will be estimated from the sill elevation established in Task 2. Photo images will be used to document each corridor, building service connection location, and physical features. A topographic survey shall not be provided, nor is an exhaustive investigation on features such as underground utilities, landscaping sprinkler systems, etc. A map sheet shall be prepared for each service line showing approximate connection location, routing, topographic survey within street ROW, parcel boundary and approximate home footprint taken from Ada County GIS aerial photogrammetry, property images of service line routing, and other pertinent information. Accompanying the map sheet will be service line corridor images edited to identify the preferred corridor and point of connection at the building. The map sheet and corridor images each service line routing shall be placed in an Appendix with the Technical Specifications. Scope of the meetings and service line re-routing will vary for each parcel. The anticipated level of effort is shown on Attachment A. C. Deliverables: I. A project tracking log will be kept to summarize discussions and feedback. ii. Service line map sheet and corridor images for each service line in electronic pdf format for inclusion with the Technical Specifications for the deliverables in Task 3. Task Order 10613.A E. Washington & Carton Sewer Replacement Page 5 of 7 JUB Task 5 — Agency Coordination and Permitting 1. ACHD Coordination and Permitting A. Coordinate alignments with the Ada County Highway District (ACHD) to establish acceptable corridor and re -paving plan at Main Street and State Avenue. B. Submit 90% Plan Set review for ACHD approval. ASSUMPTIONS a) Conceptual layout to serve the project area was shown within Sewer Replacement Program Alternative No.2 prepared by J -U -B for the CITY in February, 2015. Segments for final design include W3 through W6, C513 and C6B and 5t" Street Sewer. Segment S7 located in the alley south of Carlton Avenue will remain and be evaluated for rehabilitation. b) There are approximately 30 services to residential homes, including four (4) multi- family buildings. Topographic survey on private property or a detailed final design of each residence's service line on private property is not provided. The GC will be responsible for the actual final design and coordination of each service line with the landowners. Refer to Task 4 for service line routing and landowner coordination. c) Existing sewer manholes will be abandoned in-place and include abandonment of mainline where accessible from the existing manhole. Existing service connections on existing sewer mains will not be abandoned, only at the re-routing point of connection where the sewer service exits the residence or building. d) Exact locations of utilities are not known and may affect the alignment during construction. No potholing is provided to confirm utility locations, including the exact elevation of the service line leaving the residence or building. e) Right-of-way (ROW) and parcel information will be referenced from the Ada County GIS base mapping. Refer to Task 2 for assumptions regarding scope of services on the project research and topographical survey. f) Traffic control plans and approvals shall be secured by the GC. g) The disturbed area will likely be over one (1) acre in size and require a project specific Erosion and Sediment Control (ESC) plan and Stormwater Pollution Prevention Plan (SWPPP). h) J -U -B will coordinate and ACHD will perform potholing of the local streets to determine existing asphalt and street base depth. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by September 2015 and resulting in Final Design being completed by May 2015. A NTP issued on a different date will change the schedule accordingly. Task Order 10613.A E. Washington & Carton Sewer Replacement Page 6 of 7 JUB The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10613.A is seventy two thousand one hundred thirty eight dollars ($72,138.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To - Exceed Task Order Total per the Compensation and Completion Schedule above. CITY -OF MERIDIAN JUB ENGINEERS, INC. .ry x BY: 4L!C;C7 TAMMY de WE' , MAYOR Phillip H. Krichb aum Dated:_ I S Dated: Approved by Council: q " AI eST:t\ City of IDfAI'�'' JA 1 -0 -101 -MAN, EE, CITY CL '_9 ,r SEAL W Purchasing Approval4 , rpt"SdrlSublic irks DZI ant Approval �.- BY:BY.aKEIT S, Purc a ng Manager WA EN STEWneering Manage Dated: City Projp°ct Ma ger f r Garrick Ngl _. Task Order 10613.A E. Washington & Carton Sewer Replacement Page 7 of 7 JUB COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Project Meetings and Administration • May 1, 201*5 $5,540 2 U Topographic Survey Update & Final Design Services - May 1, 2016 $51,078 4 Landowner Coordination - November 30, 2015 $14,975 5 Agency Coordination & Permitting - May 1, 2016 $545 TASK ORDER TOTAL: $72,138.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10613.A is seventy two thousand one hundred thirty eight dollars ($72,138.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Any travel and/or reimbursables paid will be paid as part of the Not -To - Exceed Task Order Total per the Compensation and Completion Schedule above. CITY -OF MERIDIAN JUB ENGINEERS, INC. .ry x BY: 4L!C;C7 TAMMY de WE' , MAYOR Phillip H. Krichb aum Dated:_ I S Dated: Approved by Council: q " AI eST:t\ City of IDfAI'�'' JA 1 -0 -101 -MAN, EE, CITY CL '_9 ,r SEAL W Purchasing Approval4 , rpt"SdrlSublic irks DZI ant Approval �.- BY:BY.aKEIT S, Purc a ng Manager WA EN STEWneering Manage Dated: City Projp°ct Ma ger f r Garrick Ngl _. Task Order 10613.A E. Washington & Carton Sewer Replacement Page 7 of 7 JUB Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 6N PROJECT NUMBER: ITEM TITLE: Approval of Award Approval of Award of RFQ and Master Agreements for Professional Services in Categories: 1 b - Civil Survey Consultants, JUB Engineers, Murray, Smith & Associates for Water Supply and Distribution Engineering- Waterline Construction, Rehabilitation, and Reconstruction /Replacement. (Civil Survey Consultants, JUB Engineers, Murray Smith Associates) 2b - JUB Engineers, Keller Associates, Murray, Smith & Associates for Wastewater Collection and Treatment Engineering - Lift Station design and construction 7a - Advanced Control Systems, Bowen Collins & Associates, CH2M Hill Engineers for Electrical Engineering - Water and Wastewater control systems and SCADA system design and programming 8a - Civil Survey Consultants, HDR, JUB Engineers for Environmental Engineering - Reclaimed Water Program Development, Design, Etc 8b - Brown and Caldwell, CH2M Hill Engineers, HDR for Environmental Engineering - NPDES Stormwater Consulting; Environmental Assessment for NPDES Permitting; Wetlands delineation and Wetlands Mitigation, Stream, Wetland, and Riparian Environment Restoration MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 60 PROJECT NUMBER: FP 15-031 ITEM TITLE: Sovi Subdivision Final Plat FP 15-031 Sovi Subdivision by DevCo Located 3515 S. Eagle Road Request: Final Plat Approval Consisting of Thirty -Six (36) Single Family Residential Lots and Seven (7) Common Lots on Approximately 4.86 Acres in the R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items moved from Consent Agenda MEETING NOTES A%Jvv�-�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Se p t e m b e r 2 2 , 2 0 1 5 Se p t e m b e r 2 2 , 2 0 1 5 Se p t e m b e r 2 2 , 2 0 1 5 Se p t e m b e r 2 2 , 2 0 1 5 It e m s # 8 A & B : C r e a s o n C r e e k S u b d i v i s i o n - Z o n i n g & A e r ia l M a p s Pr o p o s e d P r e l i m i n a r y P l a t Pr o p o s e d L a n d s c a p e P l a n Si n g l e - f a m i l y E l e v a t i o n s Am e n i t i e s De v e l o p m e n t A g r e e m e n t p r o v i s i o n s De v e l o p m e n t o f t h i s s i t e s h a l l s u b s t a n t i a l l y c o m p l y w i t h t h e p r e l i m i n a r y pl a t , l a n d s c a p e p l a n a n d t h e c o n c e p t u a l r e s i d e n t i a l b u i l d i n g e l e v a t i o n s sh o w n i n E x h i b i t A . A c o p y o f s a i d e l e v a t i o n s s h a l l b e i n c l u d e d a s a n e x h i b i t in t h e D A . Th e a p p l i c a n t s h a l l p r o v i d e a m i n i m u m o f 4 . 5 6 a c r e s o f c o m m o n o p e n sp a c e a n d t h e f o l l o w i n g a m e n i t i e s o n a s s h o w n o n t h e l a n d s c a p e p l a n : 5 - fo o t w a l k i n g p a t h s , a d o g p a r k , c o v e r e d p i c n i c a r e a , p l a y g r o u n d eq u i p m e n t , a 1 0 - f o o t m u l t i - u s e p a t h w a y a n d s e v e r a l pe d e s t r i a n b r i d g e s a s pr o p o s e d . D e t a i l s o f t h e p r o p o s e d a m e n i t i e s s h a l l b e p r o v i d e d p r i o r t o t h e Co m m i s s i o n h e a r i n g Th e a p p l i c a n t s h a l l p r o v i d e c o m m e r c i a l g r a d e pl a y s t r u c t u r e , b e n c h e s , a n d p i c n i c t a b l e s a s p a r t of t h e de v e l o p m e n t . It e m s # 8 C , D : G r a y c l i f f E s t a t e s S u b d i v i s i o n - Z o n i n g & Ae r i a l M a p s An n e x a t i o n & Z o n i n g Bo u n d a r y Pr o p o s e d P r e l i m i n a r y P l a t - R E V I S E D La n d s c a p e P l a n - R E V I S E D Co n c e p t u a l B u i l d i n g E l e v a t i o n s f o r S i n g l e - F a m i l y D w e l li n g s Pr o p o s e d C o n c e p t u a l B u i l d i n g E l e v a t i o n s f o r A p a r t m e n ts Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: $A PROJECT NUMBER: AZ 15-009 ITEM TITLE: Creason Creek Subdivision - public hearing Public Hearing: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District MEETING NOTES � to 6 ll ' ! dZ%�l Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: $B PROJECT NUMBER: PP 15-014 ITEM TITLE: Creason Creek Subdivision - public hearing - Final Plat Public Hearing: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty -One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS t CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 22, 2015 Item # Project Number: Project Name: AZ 15-0091 PP 15-014 Creason Creek PLEASE PRINT NAME FOR AGAINST NEUTRAL o a, 07" h 7� :llZ TY OF offxs:a CITY CLERKS OFFICE Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: $C PROJECT NUMBER: AZ 15-012 ITEM TITLE: Graycliff Estates annexation Public Hearing: AZ 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Annexation and Zoning of 52.46 Acres with R-8 (36.66 Acres) and R-40 (15.8 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Me r i d i a n C i t y C o u n c i l Se p t e m b e r 2 2 , 2 0 1 5 L. C . D e v e l o p m e n t L L C L. C . D e v e l o p m e n t L L C Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 8D PROJECT NUMBER: DD 15-012 ITEM TITLE: Graycliff Estates Preliminary Plat Public Hearing: PP 15-012 Graycliff Estates by L.C. Development, Inc. Located Southwest of W. Harris Street and S. Meridian Road Request: Preliminary Plat Approval Consisting of 120 Building Lots, Nine (9) Common Lots and One (1) Other Lot on 52.46 Acres of Land in the R-8 and R-40 Zoning Districts MEETING NOTES 0-1`11 �t ! sN Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 22, 2015 Item # 78AIS g C/C) Project Number: Project Name: PLEASE PRINT NAME CITY CLERKS OFFICE AZ 15-012 / PP 15-012 Graycliff Estates FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 9A PROJECT NUMBER: Item Title: Community Development Community Development: Discussion and Update on the RFQ's for Building Inspection Services, Plans Examiner Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 9A-1 PROJECT NUMBER: Item Title: Approval of Professional Services Examiner Services Approval of Professional Services Agreement with Idaho Division of Building Safety for Commercial and Residential Plans Examiner Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES ("Agreement") is made and entered into this - day of `k.V�bey', , 2015, by and between IDAHO DIVISION OF BUILDING SAFETY ("Contractor") whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the Division is self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 39-4107 and 67-2601A to enter into contracts with a local government or municipality for the purpose of performing building inspection services; and WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4103 and 39-4116, Idaho Code to adopt and implement a building code enforcement program, and having duly adopted such ordinances and established in its City Code a building code for the purpose of prescribing the standards of all structures constructed in its jurisdiction; and WHEREAS, the City is authorized by Idaho Code sections 50-301 and 39-4116 to enter into contracts for the purpose of implementing such ordinance or codes; and WHEREAS, both Parties are a "Public Agency" and statutorily authorized by Idaho Code sections 67-2326 through 67-2333 to cooperate to their mutual advantage to make the most efficient use of, and to exercise jointly the authority to perform inspections of building construction and renovation in their jurisdictions, and to enjoy all the benefits and authority contained therein those sections; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and WHEREAS, the Division though applicable statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. WHEREAS, subject to the covenants and conditions set forth herein, the City and the Division desire to memorialize the contractual relationship between the parties in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE I OF 20 I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications as per Section I.D below. Contractor shall notify the Building Official of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegees shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code section 39-4108; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Building Plans Examiner (commercial). 2. ICC Residential Plans Examiner. 3. Idaho licensed structural engineer shall perform peer reviews, provide review comments and specify the necessary corrections for all of the commercial and residential structural calculations received by the City of Meridian. PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 2 OF 20 4. Any and all other certifications required by law. E. Office Hours. Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to attend consultations and attend any plan review meetings as needed and as scheduled by the City. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone number thereof to the Building Official, G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the Building Official any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records, and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. State's Insurance. The Division of Building Safety Contractor is a State of Idaho agency and provides liability coverage for public liability personal injury death and property damage through the Risk Management Program established under Idaho Code section 67-5776 which is funded and in effect subject to limitation on liability of the Tort Claims Act Idaho Code sections 6-901 et seq. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic Equipment. If the Commercial plans examining tasks are conducted in the City offices, City shall supply, for Contractor's use in completing tasks and providing PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 3 OF 20 services under this Agreement, electronic equipment enumerated in Exhibit B, Desktop PC and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City -issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City -issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City -issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City -issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft -bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. Building Official. City shall designate a City employee to act as a Building Official, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the Building Official. III. GENERAL PROVISIONS. A. Term. The term of this Agreement shall be for three (3) years starting on October 1, 2015, and ending on September 30, 2018, unless sooner terminated as provided below. This Agreement term may be extended by separate written addendum, duly executed by both parties. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are governmental entities This Agreement shall in no way or manner be construed so as to bind or obligate Division City or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 4 OF 20 Council as may exist from time to time. Each party reserves the right to terminate the agreement if in its sole judgment the legislature of the State of Idaho or the Meridian City Council as the case maybe fails neglects or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the agreement Any such termination shall take effect on sixty 60 days prior notice and be otherwise effective as provided in this Agreement. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, Contractor's payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract (attached hereto as Exhibit D, Fee Schedule): 1. 35% of commercial building plan review fees collected by the City, except that the State Division of Building Safety shall not be paid for commercial plan reviews for public schools in the State of Idaho as they are required to perform this service by state statute 39-4113(4)(b). The City of Meridian will withhold such payment from all commercial public school applications. See exhibit "C" attached. 2. 15% of the commercial building plan review fee for any permit issued for a structure valued at more than two -million dollars ($2,000,000). D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all plan review fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects plan review fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though Contractor shall provide all required plan review services related to such permits through issuance of Certificate of Occupancy. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of five hundred dollars ($500.00) for each business day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 5 OF 20 G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. 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 shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Worker's Compensation or unemployment insurance payment from the City or charged to City's account. I. Notice. Communication between the Building Official and Contractor regarding day-to- day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 6 OF 20 City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E Watertower Street Suite 150 Meridian Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non -terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty -day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor on an hourly basis as established herein. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15 -minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 7 OF 20 required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. City and Division each shall be responsible only for the acts omissions or negligence of its own officers employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 8 OF 20 Idaho Tort Claims Act Each party shall defend itself against any claims that arise solely from wrongful acts omissions or negligence of its officers employees or agents in the course of the performance of this Agreement but shall not assume responsibility for the acts omissions or negligence of the other party or the other party's officials employees agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 9 OF 20 of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. IDAHO DIVI I N OF BUILDING SAFETY: C. Kelly Pearce, Administrator CITY OF MERIDIAN: A UgUsr lf, , aycee H6j6an, City Clerk ERTnI S Ehe �l 4i PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 10 OF 20 EXHIBIT A: SCOPE OF SERVICES I. COMMERCIAL PLANS EXAMINATION SERVICES A. Overview. Contractor shall perform building plan reviews, structural plan reviews and review of structural calculations on every commercial project submitted to the City. Contractor shall verify through plan review and plan review corrections that all project submittals meet or exceed the minimum life safety compliance of the adopted International Building Code and other resources and reference materials or codes adopted by City. Plan review shall include, but shall not be limited to, determination of a legal parcel, site setback and easement verification, fire separation requirements, structural calculations, energy, accessibility, re -submittals and ADA compliance for any and all commercial building projects in the City of Meridian. Commercial plan reviews shall ensure and verify that all commercial construction documents submitted to the City for the purpose of a building permit meet or exceed all current codified or ordained codes of the City prior to permit issuance. It is the City's preference that Contractor utilize commercial building plan review software, checklists and that computer generated reports be provided to City and applicants, to ensure accuracy and consistency of all plan reviews. B. Plan Review and Compliance Reports. Contractor shall perform building plan review and structural plan review for all commercial building submittals, sheds, accessory structures, additions, alterations, remodels, and temporary use permits. Contractor shall communicate and coordinate commercial plan reviews and re -submittals with the City Community Development staff, City Planning staff, City Public Works staff, as well as Meridian Fire and other fire plan reviewers prior to permit issuance to ensure that the requirements in Section I. Overview, above, are met, as a minimum. A compliance report shall be generated and provided to the design professional in responsible charge, and electronically saved in the City archives for every commercial submittal, and for every set of structural calculations received by the City of Meridian. C. Certification of Project Value. Contractor shall review and approve submitted Certificates of Valuation for all projects to ensure accurate valuation. Contractor shall collaborate with appointed Building Official for the City to compute plan review fees and establish total building permit fees prior to permit issuance as needed. D. Computerized Permit Tracking Programs. Contractor shall utilize the Accela Software provided by City to provide data entry and comments related to plan review workflows. Every time a plan review is delayed and a resubmittal is requested the contractor shall add comments to Accela so City staff is aware of the resubmittal request. Contractor shall also conduct research of archived information as needed for departmental needs. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 11 OF 20 or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This shall include, but not be limited to attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances related to land use, Flood Damage Prevention Ordinance, building sites, and building uses. Contractor shall report to the City of Meridian Building Official any observed violations of City Code of which Contractor has knowledge as well as violations of current International Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. Commercial Projects a. Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications, unless specifically excluded under this contract as identified under section I(A) herein. b. Contractor shall provide plan review no more than one (1) business days after receipt of complete application for the following miscellaneous commercial applications; shed, detached accessory structures, patio covers, signs, pools and temporary use permits. c. Contractor shall provide plan review comments, redlines, re -submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. d. City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. e. Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. 2. Tenant Improvement Projects PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 12 OF 20 a. Contractor shall perform plan review for all tenant improvement projects. b. Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. c. Contractor shall provide plan review no more than three (3) business days after receipt of complete application for the following miscellaneous commercial tenant improvement applications; sheds, detached accessory structures, patio covers, signs, and pools. d. Contractor shall provide plan review comments, redlines, re -submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. e. City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. II. RESIDENTIAL PLANS EXAMINATION SERVICES. A. Overview. Contractor shall conduct building plan reviews on every residential project submitted to the City, and verify through plan review and plan review corrections that all project submittals meet or exceed the minimum life safety compliance per the adopted International Residential Code, International Energy Conservation Code and other resources and reference materials. Plan review shall include, but shall not be limited to, determination of a legal parcel, site setback and easement verification, fire separation requirements, structural calculations, energy, and re -submittals for any and all residential building projects in the City of Meridian. Residential plan reviews shall ensure and verify that all construction documents submitted to the City, for the purpose of obtaining a building permit, meet or exceed all current codified or ordained codes of the City prior to permit issuance. It is the City's preference that Contractor utilize residential building plan review software, checklists and that computer generated reports be provided to City and applicants, to ensure accuracy and consistency of all plan reviews. B. Plan Review. Contractor shall perform residential building plan review for all PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 13 OF 20 residential building submittals, sheds, accessory structures, additions, alterations and remodels. Contractor shall communicate and coordinate all residential plan reviews and re -submittals with City Community Development staff, City Planning staff, City Public Works staff, as well as Meridian Fire and other fire plan reviewers prior to permit issuance to ensure that the requirements in the overview above are met as a minimum. A compliance report shall be generated and provided to the design professional or designer in responsible charge on each residential submittal and electronically saved in the City archives for every residential submittal and every set of residential structural calculations received by the City of Meridian. Plan review shall verify minimum code compliance with (but not be limited to); soils and concrete, beam and column calculator, floor joist span verification, deck calculator, truss engineering, tall -wall and shear wall design and engineering, loads, bearing point verification, deflection and Res check energy compliance. C. Certification of Project Value. Contractor shall review and approve submitted valuation for all projects to ensure accuracy. Contractor shall collaborate with appointed Building Official for the City to compute fees and establish total building permit fees prior to permit issuance as needed. D. Computerized Permit Tracking Programs. Contractor shall utilize the Accela Software provided by City to provide data entry and comments related to plan review workflow. Contractor shall note Accela of all delays in plan review so City staff is aware. Contractor shall also conduct research of archived information as needed for departmental needs. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This shall include, but not be limited to attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the Flood Damage Prevention Ordinaince, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian Building Official any observed violations of City Code of which Contractor has knowledge as well as the current International Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 14 OF 20 accordance with the following process and performance standards: 1. Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all residential applications, unless specifically excluded under this contract as identified under section I(A) herein. 2. Contractor shall provide plan review comments, redlines, re -submittal requests and other correspondence via email to the design consultants and to City, and shall archive same in the manner and in the location specified by City. 3. Contractor shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. 4. Contractor shall perform plan review for compliance with the most current version of "Res Check" and/or prescriptive or performance based energy submittals for the building envelope and systems for all residential projects. 5. Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. I11. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display a City -issued contractor photo identification badge. 2. Provide a City -issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than the State Division of Building Safety. 4. Wear appropriate clothing and safety gear to protect from personal injury. A. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 15 OF 20 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co- workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 16 OF 20 EXHIBIT B DESK TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR Asset ID Tag Number, E ui inext 100468 Desktop PC PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 17 OF 20 EXHIBIT C PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Commercial — New Permit issuance 100% of fees due Contractor Commercial — TI Commercial — Shell Only Commercial — Multi -Family The State Division of Building Safety shall not be paid for All Commercial Public School commercial plan reviews for Applications public schools in the State of Idaho as they are required to perform this service by state statute. The City of Meridian will withhold such payment from all commercial public school applications. All other commercial permit Permit issuance 100% of fees due Contractor types Residential — New Permit issuance 100% of fees due Contractor Residential — Multi -Family All other residential permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 18 OF 20 EXHIBIT D FEE SCHEDULE Building Fee Schedule 01. Application feels (All plan review application fees are non-refundable. Fees will be applied to building permit) Residential (additions, remodels, garages, sheds, other misc.)......... $50.00 Residential (new projects)...................................................$150.00 Commercial (tenant improvement)........................................$150.00 Commercial (new project)..................................................$500.00 Floodplain.................................................................. $25.00 02. Residential/Commercial Valuation -The per square foot project valuation is based on the current International Code council building valuation data (BVD) table published in the Building Safety Journal. The permit fee is established by multiplying this square foot valuation (per $1,000 or fraction thereof) by $5.50. In addition, a $50.00 base permit fee is applicable and will also be added to all permits. 03. Residential/Commercial Permit Fee's - $50.00 base fee plus $5.50 for each $1,000 of project value or fraction thereof. 04. Re-Review/Re-stamping and all extra stamped sets Residential (all).............................................................$50.00 Commercial (tenant improvement)........................................$150.00 Commercial (new project)..................................................$500.00 05. Permit Extensions after 180 days (Non -Refundable. Will not be applied to permit fee) Residential (all)...............................................................$100.00 Commercial (tenant improvement)........................................$150.00 Commercial (new project)..................................................$500.00 06. Permit Expires (after 180 days) - Application fee is forfeited. New Application fee required. 07. Demo Fee................................................................................. $50.00 08. Woodstoves...............................................................................$50.00 09. Mobile Home Set Up Fee............................................................... $50.00 10. Inspection Card Replacement (all lost or destroyed field inspection card) ...... $50.00 PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 19 OF 20 11. Failure to post inspection record at job site ....... ...... Re -Inspection fees will apply for all trades. 12. Contractor Change after permit issue ........................................................ $50.00 13. Commercial plan check fee - 65% of Building Permit Fee 14. Re -Inspection Fees - $45.00 for first re -inspection. $90.00 double re -inspection fee. 15. Construction without permit — Double permit fees will be the minimum charge assessed. PROFESSIONAL SERVICES AGREEMENT FOR COMMERCIAL AND RESIDENTIAL BUILDING PLANS EXAMINER SERVICES PAGE 20 OF 20 Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: 9A-2 PROJECT NUMBER: Item Title: Approval of Professional Services Building Inspection Services Approval of Professional Services Agreement with Idaho Division of Building Safety for Building Inspection Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES,AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN DIVISION OF BUILDING SAFETY, INC. AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES ("Agreement") is made and entered into this day of �;.4pj(.W\bfZ,2015,by and between IDAHO DIVISION OF BUILDING SAFETY ("Contractor") whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, the Division is self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 39-4107 and 67-2601A to enter into contracts with a local government or municipality for the purpose of performing building inspection services; and WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4103 and 39-4116, Idaho Code to adopt and implement a building code enforcement program, and having duly adopted such ordinances and established in its City Code a building code for the purpose of prescribing the standards of all structures constructed in its jurisdiction; and WHEREAS, the City is authorized by Idaho Code sections 50-301 and 39-4116 to enter into contracts for the purpose of implementing such ordinance or codes; and WHEREAS, both Parties are a "Public Agency" and statutorily authorized by Idaho Code sections 67-2326 through 67-2333 to cooperate to their mutual advantage to make the most efficient use of, and to exercise jointly the authority to perform inspections of building construction and renovation in their jurisdictions, and to enjoy all the benefits and authority contained therein those sections; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and WHEREAS. the Division though applicable statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. WHEREAS, subject to the covenants and conditions set forth herein, the City and the Division desire to memorialize the contractual relationship between the parties in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE I OF 18 I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I.D herein. Contractor shall notify the Building Official of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegees shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by. Idaho Code section 39-4108; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Commercial Building Inspector; 2. ICC Residential Building Inspector; 3. Any and all other certifications required by law. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 2 OF 18 E. Office Hours. Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform consultations and meetings as needed and as scheduled by the City. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the Building Official. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this Agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the Building Official any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. State's Insurance. The Division of Building Safety Contractor is a State of Idaho agency and provides liability coverage for public liability personal injury death and property damage through the Risk Management Program established under Idaho Code section 67-5776 which is funded and in effect subject to limitation on liability of the Tort Claims Act Idaho Code sections 6-901 et seq Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipinent Issiced to Contractor hereto. Any electronic equipment famished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 3 OF 18 equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City -issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City -issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City -issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City -issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft -bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. Building Official. City shall designate a City employee to act as a Building Official, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone number of the Building Official. III. GENERAL PROVISIONS. A. Term. The term of this Agreement shall be for three (3) years starting on October 1, 2015, and ending on September 30, 2018, unless sooner terminated as provided below. This Agreement term may be extended by separate written addendum, duly executed by both parties. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. B. Appropriation . By signing this Agreement both parties understand and agree that Division and City are governmental entities This Agreement shall in no way or manner be construed so as to bind or obligate Division City or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time. Each party reserves the right to terminate the agreement if in its sole judgment the legislature of the State of Idaho or the Meridian City Council as the case maybe fails neglects or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 4 OF 18 the agreement Any such termination shall take effect on sixty 60 days prior notice and be otherwise effective as provided in this Agreement. C. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council The City reserves the right to terminate the Agreement if the Meridian City Council fails neglects or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically with no consequence to the City on the last day of the last fiscal year of appropriated funds. D. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract (attached hereto as Exhibit D, Fee Schedule): 1. 30% of building permit fees for the first $100,000 collected by the City. 2. 20% of building permit fees over $100,000 collected by the City. 3. 15% of any building permit fees issued for a structure valued at more than two - million dollars ($2,000,000). E. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. F. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefor upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though Contractor shall provide all required inspections related to such permits through issuance of Certificate of Occupancy. G. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business day. Such payment shall be construed to be liquidated PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 5 OF 18 damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. H. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. I. Independent Contractor. 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 shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 6 OF 18 J. Notice. Communication between the Building Official and Contractor regarding day-to- day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division of Building Safety Attn: Administrator 1090 E Watertower Street Suite 150 Meridian Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. K. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non -terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty -day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor on an hourly basis as established herein. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15 -minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 7 OF 18 a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. L. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. M. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 8 OF 18 under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. N. Liability. City and Division each shall be responsible only for the acts omissions or negligence of its own officers employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act Each party shall defend itself against any claims that arise solely from wrongful acts omissions or negligence of its officers employees or agents in the course of the performance of this Agreement but shall not assume responsibility for the acts omissions or negligence of the other party or the other party's officials employees agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. O. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. P. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. Q. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. R. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. S. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. T. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 9 OF 18 U. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. V. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. W. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. IDAHO DIVISION OF BUILDING SAFETY: i C. Kelly Pea e, Ad mistrator CITY OF MERIDIAN: Tammy W erd Mayor Attest: Go¢��,�AZLp A uG�sr�l City Clerk N.I �F. SriAt the TP.E\SUP PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 10 OF 18 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform detailed building inspections for any and all projects that have received a building permit for commercial and residential projects in the City of Meridian to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation, and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Inspection. Contractor shall perform detailed building inspections for any and all projects that have received a building permit for commercial and residential projects in the City of Meridian. Contractor shall verify and ensure that all projects are inspected and meet or exceed minimum compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. B. Verification. Contractor shall field verify that all property pins are present, strings exist, setbacks and easements are verified and correct, and that the foundation elevations match the approved and recorded subdivision plat, special notes on plat, and/or City drainage documents, records or agreements in the subdivision between the City and the contractor. C. Special inspection reports. Contractor shall verify that all special inspection reports have been received and meet or exceed minimum code requirements before final inspection is passed in the Accela database. D. Aging Inspections. Contractor shall be directly responsible to close all aging inspections as identified in the Accela database, or by city staff for which permits are issued. This includes contacting builders, owners, tenants, and others to obtain permit closure before issuance of certificate of occupancy. Contractor shall verify code compliance for all building permits issued and to obtain compliance on expired permits. E. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non -business day shall be performed the next business day. F. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the Building Official so that proper adjustments in submittals and valuations are achieved. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 11 OF 18 G. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, field inspections and re -inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall assess regular or double inspection fees as required. Data entry for every building inspection shall immediately be entered following the completion of the inspection. H. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-mail messages within one (1) business day. I. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. J. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the Flood Damage Prevention Ordinance, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian Building Official any observed violations of City Code of which Contractor has knowledge as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. K. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: Contractor shall perform all building inspections for commercial and residential projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. 2. Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on a non -business day, the inspection shall be performed the next business day. 3. Contractor shall sign off final building inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 12 OF 18 4. Contractor shall input all building inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re -inspection. 5. Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re -inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display a City -issued contractor photo identification badge. 2. Provide a City -issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than the State Division of Building Safety. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 13 OF 18 customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 14 OF 18 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 15 OF 18 EXHIBIT C PAYMENT SCHEDULE BUILDING INSPECTION - PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Commercial — New Permit issuance 100% of fees due Contractor Commercial — TI Commercial — Shell Only Commercial — Multi -Family Residential — New Residential — Multi -Family All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 16 OF 18 EXHIBIT D FEESCHEDULE Building Fee Schedule 01. Application fee's (All plan review application fees are non-refundable. Fees will be applied to building permit) Residential (additions, remodels, garages, sheds, other misc.)......... $50.00 Residential (new projects)...................................................$150.00 Commercial (tenant improvement)........................................$150.00 Commercial (new project)..................................................$500.00 Floodplain.................................................................. $25.00 02. Residential/Commercial Valuation -The per square foot project valuation is based on the current International Code council building valuation data (BVD) table published in the Building Safety Journal. The permit fee is established by multiplying this square foot valuation (per $1,000 or fraction thereof) by $5.50. In addition, a $50.00 base permit fee is applicable and will also be added to all permits. 03. Residential/Commercial Permit Fee's - $50.00 base fee plus $5.50 for each $1,000 of project value or fraction thereof. 04. Re-Review/Re-stamping and all extra stamped sets Residential (all).............................................................$50.00 Commercial (tenant improvement)........................................$150.00 Commercial (new project)..................................................$500.00 05. Permit Extensions after 180 days (Non -Refundable. Will not be applied to permit fee) Residential (all)...............................................................$100.00 Commercial (tenant improvement)........................................$150.00 Commercial (new project)..................................................$500.00 06. Permit Expires (after 180 days) - Application fee is forfeited. New Application fee required. 07. Demo Fee................................................................................. $50.00 08. Woodstoves...............................................................................$50.00 09. Mobile Home Set Up Fee...............................................................$50.00 10. Inspection Card Replacement (all lost or destroyed field inspection card) ...... $50.00 PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 17 OF 18 11. Failure to post inspection record at job site ....... ...... Re -Inspection fees will apply for all trades. 12. Contractor Change after permit issue ....................................................... $50.00 13. Commercial plan check fee - 65% of Building Permit Fee 14. Re -Inspection Fees - $45.00 for first re -inspection. $90.00 double re -inspection fee. 15. Construction without permit — Double permit fees will be the minimum charge assessed. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 18 OF 18 Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: PROJECT NUMBER: Item Title: Future Meeting Topics MEETING NOTES jc (k4�, CU2Gt"-19 _ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: q PROJECT NUMBER: AZ 15-007 Item Title: Ordinance No Sovi Subdivision Ordinance No. ISS 16P : An Ordinance (AZ 15-007 Sovi Subdivision) for Annexation and Rezone of a Parcel of Land Located in the NE'/4 of the NE'/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-088641 BOISE IDAHO Pgs=5 BONNIE 09/24/201510:57 AM MERIDIAN CITY NO FEE IIIIIIIIIIIIIII IIIIIIIIIIIIII III II 1111111 II 1II III 00148606201600886410060062 CITY OF MERIDIAN ORDINANCE NO. `S �d WD BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 15-007 SOVI SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NE 1/40F THE NE 1/4 OF SECTION 29, TOWNSHIP 3 NORTH., RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-15 (MEDIUM- HIGH DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit : Sara Jane Brodin. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-15 (Medium -High Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — SOVI SUBDIVISION (AZ 15-007) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. ASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ZZ day of , 2015. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2015. MAYO AMMY de WEERD ATTEST: eucvs� �9 amu+ HOLMAN, CIT IDIAN IDAHO a � SBALv ANNEXATION — SOVI SUBDIVISION (AZ 15-007) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 3 day of & pA-e—M �kY, 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,•'g$lC-A Jp•. • pT.4 ,,�� NO Y P BLIC FOR ID �� RESIDING AT:lej 1 MY COMMISSION EXPIRES: r► �-1 a©ate • *' pg �•� *•..0.�� ANNEXATION — SOVI SUBDIVISION (AZ 15-007) Page 3 of 3 Exhibit A Sawtooth Land Surveying, LLC P; (208) 398-8104 r: [208) 398-8105 2030 5. Washington Ave„ PmmetC, 10 83617 A parcel of land located In the NEI/4 of the NEI/4 of Section 29, T. 3 N., R. 1 E., B,M,, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northeast comer of Section 29; Thence South 002746" West, coincident with the east line of the NEI/4 of the NE1/4 of said Section 29, a distance to 960.97 feet to the POINT OF BEGINNING; Thence continuing South 002746" West, parallel with said east fine of the NEI/4 of the NEI/4 of Section 29, a distance to 380,00 feet; Thence North 89°37'13" West, 670.97 feet to a paint on the north boundary of Messina Village Subd€vision No. 1, as shown on file in Book 86 of Plats at Page 9758, Ada County Records; Thence Not1h 0°27'46" Eai w- Inddent with the north f�dundary of said k(iessirla. Vipage Subdivision Nu.1, kind( a st bauridbry d Messind Nilli 8Ubdlvlsfbn*N6,1,`as Shown on file - in Book 87 of Plats, at Page 9829, Ada County Records, 330.00 feet to a point on the south boundary of Medford Place Subdivision, as.shown on file In Book 97 of Plats at Page 12107, �'iie Baia tti9Ifrls:tI tuyt M00064 ftwa Together with and subject to covenants, easements and restrictions of record. f :12016115042•CMG-SOVITrawings10ewripVonMNNEXATION l.EGAL.doc)c Page 11 Sovi Subdivision — AZ 15-007 Exhibit S r 7�ji • �i8YM�0, �µ 1 L % K r ; MESSINA VILLAOB SUB NO. f \OVAL L.qN� oyy�GEN sG�m a 1 21 0 G�q OF l0 RL POR, NTS PROJECY: OWNERIDEVELOPER; DWR# 2030S. WASNINGTONAVE, SOVI PARCEL W FAIR IE EMMETT, ID 83617 15042 -Ex 4824 W FAIRVIEW AVE, ANNEXATION EXHIBIT TO BOISE, IDAHO 83'706 � Fr(208)398--8 05 P15042 335.5355 SHEET :,;- N• WWW.SAWTDOTHLS,COM t of t DATE - 712015 Sovi Subdivision — AZ 15-007 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NE 1/ of the NE 1/4 of Section 29, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 5.08 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2015. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 15- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2015. William. L.M. Nary City Attorney ORDINANCE SUMMARY - SOVI SUBDIVISION (AZ 15-007) NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the NE 1/ of the NE 1/4 of Section 29, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 5.08 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2015. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 15- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2015. William. L.M. Nary City Attorney ORDINANCE SUMMARY - SOVI SUBDIVISION (AZ 15-007) Meridian City Council Meeting DATE: September 22, 2015 ITEM NUMBER: ! B PROJECT NUMBER: AZ 15-005 Item Title: Ordinance No Stonesthrow Subdivision Ordinance No. / �-- I w (Q I : An Ordinance (AZ 15-005) Stonesthrow Subdivision for Annexation and Rezone of a Parcel of Land Located Approximately IA Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue, in the NE'/4 of Section 9, Township 3N., Range 1 E., Boise Meridian, Ada County, Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-088642 BOISE IDAHO Pgs=6 BONNIE 09/24/2015 10:57 AM MERIDIAN CITY NO FEE IIIIIIIIIIIII IIIIIIIIIIIIIIII 1111111 111111 IIII III 00148508201500886420060065 CITY OF MERIDIAN ORDINANCE NO. l - I BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 15-005 STONESTHROW SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-40 (HIGH DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit : Sable, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-40 (High Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — STONESTHROW SUBDIVISION (AZ 15-005) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this `d day of , 2015. APPROVED Y THE M YOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2015. r @I MY de WEERD All ri ATTEST' GO�4p�ACP.D lUC•1+. ti� iso q City of w ' ✓ t�2I,01IAN*_-_ J YCE L. HOLMAN, CI F�CLRI w TF9 ,v (be 7fl f,5U0F. ANNEXATION - STONESTHROW SUBDIVISION (AZ 15-005) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this day of cam_, 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ones NO AR PUBL1C-Fi0R IDAHO RESIDING AT: )c\dja 0 t � MY COMMISSION EXPIRES:'�,. Cf t®' ANNEXATION — STONESTHROW SUBDIVISION (AZ 15-005) Page 3 of 3 EXHIBIT A Legal Description and Exbibit Map for Proposed Annexation EXHIBIT A ANNEXATION AND REZONE DESCRIPTION STONESTHROW SUBDIVISION A parcel of land situate in the Northwest quarter of the Northeast quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the Northeast corner of said Section 9; Thence along the Fast boundary line of said Section 9 South 00°13'40" West, 1325.93 feet to the Southeast corner of the Northeast quarter of the Northeast quarter of said Section 9; Thence leaving said East boundary line North 89°22'18" West, 1335.83 feet along the Southerly boundary line of the Northeast quarter of the Northeast quarter of said Section 9 to the Northeast corner of Macaile Meadows Subdivision, as shown on the official plat thereof filed in Book 84 of Plats at Pages 9254 through 9256, records of Ada County, Idaho; Thence along the North boundary line of said Maeaile Meadows Subdivision North 89922116" West, 387.92 feet to the Northwest corner of Lot 43, Block 8 of said Maeaile Meadows Subdivision, said point being the REAL POINT OF BEGINNING; Thence continuing along said North boundary line North 89022'16" West, 947.68 feet to the Northwest corner of said Macaile Meadows Subdivision; Thence along the West boundary line of Crossroads Subdivision No. 6 as shown on the official plat thereof filed in Book 76 of Plats at Pages 7941 through 7942, records of Ada County, Idaho and the southerly boundary line of Lot 2, Block 1 of Records East Subdivision, as shown on the official plat thereof filed in Book 80 of Plats at Pages 8654 through 8656, records of Ada County, Idaho North 00°45'13" East, 453.40 feet to an angle point in the southerly boundary line of said Lot 2; Thence along said southerly boundary line South 89037'21" East, 590.85 feet to the Southeast corner of said Lot 2; thence along the exterior boundary line of that parcel of land as described in that Warranty Deed recorded as Instrument No. 102040075, records of Ada County, Idaho the following 10 courses; Thence South 00°51'31" West, 38.46 feet; Thence 11.63 feet along the arc of a curve to the right having a radius of 20.00 feet, a central angle of 33"18'51" and a long chord which bears South 17°30'57" West, a distance of 11.47 feet; Thence 137.27 feet along the are of a reverse curve to the left having a radius of 50.00 feet, a central angle of 157°1870" and a long chord which bears South 44128'47" East, a distance of 98.05 feet; Thence 11.74 feet along the arc of a reverse curve to the right having a radius Stonesthrow Subdivision AZ -15-005; EXHIBIT A of 20.00 feet, a central angle of 33°38'21" and a long chord which bears North 73°41'13" i±ast, a distance of 11.57 feet; Thence South 89°29'36" East, 306.00 feet; Thence 31.42 feet along the arc of a curve to the right having a radius of 20.00 feet, a central angle of 89°59'59" and a long chord which bears South 44°29'35" East, a distance of 28.28 feet; Thence South 00°30'24" West, 170.09 feet; Thence 30,87 feet along the arc of a curve to the right having a radius of 75.00 feet, a central angle of 23°35'09" and a long chord which bears South 12917'58" West, a distance of 30.66 feet; Thence South 24°0633" West, 78.00 feet; Thence `;1.19 feet along the arc of a curve to the left having a radius of 125.OQ feet, a central angle of 23027'44" and a long chord which bears South 12°21'38" West, a distance of 50.83 feet to the REAL. POINT OF BEGINNING. Containing 9,22 acres, more or less Stoneschrow Subdivision AZ -15-005; EXHIBIT13 RECORDS EAST SUBDIVISION z UNPLATTED W. FAIRVIEW AVE S 4 S 3 5 9 S 10 SBWR3 21"E 59_0,85 _ z SO'5i'31"1Y 38,46' N. MOUNT i Ci HOOD AVE, ID I a[ t0',' S69 29'36"E- C4 tv� o 306Ili.00' - s t N z 9 Y 4 Ui _t r 0 W1 C3 o1a UNPLATTED f m a ort 9.22 ACRES of r I o 6 U p C5 tomes zl S24'05'33'W S8922'16"E t x 1 78,00' 1335.83' 1 N89'2216'W 947,66' REAL POINT OF BEGINNING N1/16 589'22'16"E NE COR. MACAII E MACAILE SV801VISION 387,92' SUBDIVISION y\� 1160 E. YlATEt t0Y1ENSi. SURVEY CURVE TABLE ugw uDANmmu CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Cl 20,00 11.63 11,47 S17'30'57"W 33'18'51" C2 50.00 157.27 98,05 544'2.8'17" E 157'18'20" C3 20,00 11,74 11.57 S73'41'13"W 3338'21" C4 20.00 31.42 28.28 544'29'35"E 89'59'59" C5 75,00 30.87 30.66 S12'17'58"W 23'35'09" C6 125.00 51.19 50.83 512'21'38"W 23'27'44" IDAHO 1160 E. YlATEt t0Y1ENSi. SURVEY u ugw uDANmmu GROUP, P.C. �e}assas7D Stonesthrow Subdivision AZ -15-005. 25 100 400 0 50 200 600 SCALE: 1 " = 200' 'w ND. EXHIBIT B I5-nu4 STONESTHROW SUB, ANNE)(ATION & RE—ZONE ffiff? Ht LOCATED 01 NW 1/4 OF THE HE 1/4 OF SECTION 1, Owul OA -R Y.m., H.1E„ D,N., ADA COUNTY, IDAHO 4/20/14 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land situate in the Northwest quarter of the Northeast quarter of Section 9, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 9.22 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2015. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 15- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2015. William. L.M. Nary City Attorney ORDINANCE SUMMARY - STONESTHROW SUBDIVISION (AZ 15-005) NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land situate in the Northwest quarter of the Northeast quarter of Section 9, Township 3 North, Range 1 East, Boise, Ada County, Idaho. This parcel contains 9.22 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2015. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 15- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2015. William. L.M. Nary City Attorney ORDINANCE SUMMARY - STONESTHROW SUBDIVISION (AZ 15-005)