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2016-12-06
Meridian City Council Meeting Agenda Tuesday, December 6, 2016 – Page 1 of 5 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. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, December 6, 2016 at 6:00 PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted as noted 5. Proclamation for Rocky Mountain Boy’s Cross Country State Championship 6. Consent Agenda Approved A. Approve Minutes of November 15, 2016 City Council Regular Meeting B. Approve Minutes of November 22, 2016 City Council Regular Meeting C. Dog Licensing Designee Agreement between Treasure Valley Veterinary Hospital and City of Meridian D. Dog Licensing Designee Agreement between Settlers Park Veterinary Hospital and City of Meridian E. Dog Licensing Designee Agreement between Linder Pet Medical Care and City of Meridian F. Water Main Easement between the City of Meridian and 3410 N. Eagle Road, LLC within Model Home Furnishings G. Temporary Construction Easement with Brighton Investments, LLC H. Sanitary Sewer and Access Easement with Brighton Investments, LLC CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, December 6, 2016 – Page 2 of 5 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. I. Temporary Construction Easement with James and Shanah Percy J. Sanitary Sewer Easement with James and Shanah Percy K. Permanent and Temporary Easement Contract for Black Cat Sewer Phase 5, Valley Storage, J.R. Simplot Co as Grantor L. Tag Line Services Agreement for Consulting Services to Determine Future Staffing Needs for the Not to Exceed amount of $9,750.00 M. Award of Agreement Renewal for “UTILITY BILLING CUSTOMER SERVICES” to Billing Document Specialists for the Not-To-Exceed approved budget amount of $272,000.00. N. Approval of Contract Amendment No. 1 to Varsity Facility Services for “JANITORIAL SERVICES” for a Not-To-Exceed amount of $198,325.08 O. Approval of Contract Amendment to extend the contract for “Liquid Emulsion Polymer” to BASF Corporation in the Not-To-Exceed amount of $200,00.00 P. Findings of Fact, Conclusions of Law for Interstate Center (AKA Wahooz/Roaring Springs) H-2016-0119 by Bowden Properties, LLC and Black Mor, LLC Generally Located Near the NW Corner of W. Overland Road and S. Meridian Road Q. Findings of Fact, Conclusions of Law for Paramount Director (H-2016-0104) by Brighton Investments / Land Holdings Located Southwest Corner of W. Chinden Boulevard and N. Meridian Road R. Findings of Fact, Conclusions of Law for Citadel 4 Storage Ten Mile (H- 2016-0114) by Citadel Storage, LLC Located 4015 N. Ten Mile Road S. Findings of Fact, Conclusions of Law for Approval for Knighthill Center Subdivision No 2 H-2016-0121 by James R Wylie IV Located at 6241 N Linder Road T. Findings of Fact, Conclusions of Law for Approval for Linder Road Apartments (H-2016-0111) by S 3 Investments LP, Located at 1770 S. Linder Road U. Final Order for Verado Subdivision No. 1 (H-2016-0122) by DevCo., LLC Located Southeast Corner of N. Locust Grove Road and E. Ustick Road Meridian City Council Meeting Agenda Tuesday, December 6, 2016 – Page 3 of 5 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. V. Development Agreement for Verado Subdivision-H-2016-0047 with C15, LLC located near the southeast corner of N. Locust Grove Road and E. Ustick Road in the NE 1/4 of Section 5, Township 3N., Range 1E W. Amended Development Agreement for Hill's Century Farm Commercial (H- 2016-0092) with Martin L. Hill located at 3625 E. Amity Road, in the Northwest 1/4 of Section 33, Township 3 North, Range 1 East X. Resolution No. 16-1181: Adopting 2017 Initial Point Gallery Schedule Y. Resolution No. 16-1182: A Resolution Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons, Committee Liaisons, Committee Members, Commission Ex -Officio Members, and City Area Contacts 7. Items Moved From the Consent Agenda None 8. Department Reports A. Mayor’s Youth Advisory Council Update Vacated B. Mayor's Office: Resolution No. 16-1183: A Resolution Appointing Megan Larsen to Seat 5 of the Meridian Solid Waste Advisory Commission Approved C. Fire Department: Sale of Surplus Vehicle, 2002 Pierce Enforcer Fire Engine to Middleton Fire & Rescue District D. Resolution No. 16-1184: A Resolution Authorizing Sale of 2002 Pierce Enforcer Fire Engine to Middleton Fire & Rescue District Approved E. Mayor’s Office: Continued Discussion About Potential Expansion of Planning and Zoning Commission 9. 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. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Meridian City Council Meeting Agenda Tuesday, December 6, 2016 – Page 4 of 5 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. Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Final Plat Continued from November 22, 2016 for Goldengrove Subdivision (aka Logan Creek) (H-2016-0124) by Heartland Homes, LLC Located at 4617 Martinel Lane Approved 1. Request: Final Plat Consisting of 67 Building Lots and 15 Common Lots on 21.75 Acres of Land in the R-4 Zoning District B. Final Plat for Whiteacre Subdivision No. 2 (H-2016-0125) by Whiteacre Development Corp., Located West Side of N. Meridian Road, Between W. Ashton Drive and W. Lava Falls Drive Approved 1. Request: Final Plat Approval Consisting of Thirty-One (31) Residential Lots and Eleven (11) Common Lots on 7.04 Acres of Land in the R -8 Zoning District 10. Ordinances A. Ordinance No. 16-1716: An Ordinance (H-2016-0047 – Verado Subdivision) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 SECTION 5, 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-8 (MEDIUM DENSITY RESIDENTIAL) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS 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. Approved 11. Future Meeting Topics Idaho Transportation Department to present an update on Eagle Road at Village Drive at January 10, 2017 meeting 12. Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Into Executive Session at 6:33pm Out of Executive Session at 6:47pm Meridian City Council Meeting Agenda Tuesday, December 6, 2016 – Page 5 of 5 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. Adjourned at 6:47pm Meridian City Council December 6, 2016. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, December 6, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Others Present: Ted Baird, C.Jay Coles, Caleb Hood, Clint Doslby, Jeff Lavey, Perry Palmer and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: Okay. I would like to welcome everyone to our City Council meeting. Always nice to see youthful faces in the audience. No offense, Ralph. So welcome. So, for the record it is Tuesday, December 6th. It's 6:00 o'clock. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in our pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Steve Moore. Welcome back to the community. I think you've been off gallivanting around and celebrating at least several weeks of freedom. Maybe a couple months. Moore: Yeah. We were -- my wife and I were gone for 28 days. De Weerd: Very nice. Moore: Mostly focused on the northeastern states where we had never been and especially in the fall, the colors in Vermont. Even went into Quebec. By the time Meridian City Council December 6, 2016 Page 2 of 17 we got back now we can say we have been in all 48 of the continental United States, so -- De Weerd: Well, welcome home. Moore: We even went to Ecuador. Home for ten days and, then, went to Ecuador, so -- De Weerd: Oh, my gosh. Well, I'd like to invite you all to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you so much for being here. Moore: Honored to do it. Heavenly Father, it's pretty easy to recognize that you are the Creator, that our world couldn't just happen, and there is dynamic balance to it, like the snow we had today that benefits us in so many ways, but this time of year what we really recognize is that you sent a Savior. We are grateful that Jesus has come in the flesh, that we have a God that's invasive into our lives and demonstrates how good life can be. God, in this season we -- we see it as citizens of Meridian how good life is. The experience that we had Friday night in our town parade and just seeing the community come together for all the activities reminds us that we are not an island. The poet is so right. And, Father, the fact that this is a council meeting that reminds us, we don't just have one leader, we have several leaders here and it's a community and we depend on each other. I pray that you would give them special insights. They have an awesome responsibility. They make decisions that affect lives in so many ways and grant them a special measure of -- of wisdom in the decisions to be made today. We seek to glorify you and, then, reflect the gift of Jesus in our life. In his name I pray, amen. De Weerd: Thank you, Pastor Moore. Item 4. Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On Item 6-X the resolution number is 16-1181 and on 6-Y the resolution number is 16-1182. On 8-A the Mayor's Youth Advisory Council update has been vacated. On Item B, 8-B, the resolution number is 16-1183. On Item 8-D the resolution number is 16-1184. And on 10-A, the ordinance number is 16-1716. With that I move we approve the agenda as amended . Borton: Second. Meridian City Council December 6, 2016 Page 3 of 17 De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation for Rocky Mountain Boy’s Cross Country State Championship De Weerd: Item 5 is a proclamation and I'm going to move to the podium and I would like to invite the team from Rocky Mountain to join me up front. Welcome. It's certainly an honor to always recognize the -- the great accomplishments of the young adults in our community and we have here the track team from Rocky Mountain High School -- cross-country. Well, I still consider that track. I guess that's a sensitive topic, uh? Okay. Cross-country team. And it is something that we take great privilege to honor the athletes when they accomplish state titles and I'm going to read a version that doesn't list all the names, but the version that will go officially on record will have each of the athletes' names in it and so someday if you ever want to go back and say I have a proclamation in my honor, you can actually go back to this date, find the minutes and your name will be listed in the minutes. So, you can prove to your family members or whoever you would like to impress that this Proclamation is really for you and it's for the team . It's together that you were able to accomplish this and we just are very grateful that you're here. So, let me read this and, then, I will see if -- I will turn this over to your coach and maybe each of you want to introduce yourself and the grade that you're in and maybe the event that you participate in. Whereas being an athlete is more than training to excel in sports or be physically fit, it is training to build leadership, character, confidence, teamwork and resilience, all traits that are needed to succeed on the course, in the classroom, and in the real world and whereas the Rocky Mountain Boys cross-country team placed first at four major cross-country invitational meets and at the district championship and whereas their hard work and teamwork resulted in running away with the 2016 state championship for cross-country and whereas the capturing of the state title builds school spirit and allows these student athletes to walk the halls of Rocky Mountain with a little extra swagger, whereas the leadership, training, and discipline of their coaches help all the team members to focus their talents and passion to become a winning team , with each player making valuable contributions to their victory. Therefore, I, Mayor Tammmy de Weerd, hereby proclaim December 6th, 2016, as Rocky Mountain High School Cross-country Champion -- State Champions Day in the City of Meridian and call upon the community to join me in congratulating the Grizzlies on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament and we are here to celebrate your success, so congratulations and thank you for being here. Hays: I don't know what to say. It is very hard to win a state title. We are in a very hard district. Mountain View, Eagle, Borah, who was very tough competition this year. We strive to run as a group. We are -- it's a team sport, which you might not Meridian City Council December 6, 2016 Page 4 of 17 think cross-country is a team sport, but it's very much a team sport and the boys try to run as close to each other as possible and these seven guys did just that and that's how we won a state title by closing the gap and running as a team, helping each other out through workouts, hard hill repeats, some mile repeats, grinding through the heat of August and, then, running in the freezing cold of November, you know, late October. As the head coach I was super proud. I couldn't ask for a better team. They showed me true sportsmanship. They are the best of the best in the state of Idaho and they're going to have an awesome track season, too. You want to start with your name and your grade? Jones: My name is Sheldon Jones. I'm a junior at Rocky Mountain and it was an honor running with these guys in state and taking state with them. Tolman: All right. I'm Joey Tolman. I'm in tenth grade this year and I go to Compass, but I run for Rocky and it was great running with you guys. Ghiorso: My name is Anthony Ghiorso. I'm a senior and I also run for Rocky Mountain. It is a pleasure being able to run with Rocky this year, being able to give Bob his first state title as head coach of Rocky Mountain. So, it's a great experience. Phillips: My name is Taylor Phillips. I'm also a senior at Rocky this year and, yeah, had a great time. These past four years have been wonderful with Bob and winning the state title with these guys was awesome. Thieme: I'm Evan Thieme and I'm also a senior at Rocky Mountain and I'm just glad that we could represent the City of Meridian at the state title -- the state meet and get the title. Siwek: My name is Ashton Siwek and I'm just -- I'm an 11th grader at Rocky Mountain. No different from anyone else in this room . But as a team with these guys, we did it, we won state and I would like to congratulate them. Hiatt: My name is Drew Hiatt and I'm a junior at Rocky and it's been a pleasure running with these great guys. Had a lot of fun and glad that we could pull off the state title with the seniors that we have and let's do it again next year. Jannuzzi: I'm Katy Jannuzzi. I'm the assistant cross-country at Rocky Mountain and I'm proud of these boys for who they are and not only as athletes , but as people and who they are in the community. De Weerd: It sounds like half your team are seniors, so great way to cap off your senior year; right? Well, we will look forward to seeing you again. I like that competitive spirit. And you really do not have to stay here, but you're very welcome to -- Meridian City Council December 6, 2016 Page 5 of 17 Item 6: Consent Agenda A. Approve Minutes of November 15, 2016 City Council Regular Meeting B. Approve Minutes of November 22, 2016 City Council Regular Meeting C. Dog Licensing Designee Agreement between Treasure Valley Veterinary Hospital and City of Meridian D. Dog Licensing Designee Agreement between Settlers Park Veterinary Hospital and City of Meridian E. Dog Licensing Designee Agreement between Linder Pet Medical Care and City of Meridian F. Water Main Easement between the City of Meridian and 3410 N. Eagle Road, LLC within Model Home Furnishings G. Temporary Construction Easement with Brighton Investments, LLC H. Sanitary Sewer and Access Easement with Brighton Investments, LLC I. Temporary Construction Easement with James and Shanah Percy J. Sanitary Sewer Easement with James and Shanah Percy K. Permanent and Temporary Easement Contract for Black Cat Sewer Phase 5, Valley Storage, J.R. Simplot Co as Grantor L. Tag Line Services Agreement for Consulting Services to Determine Future Staffing Needs for the Not to Exceed amount of $9,750.00 M. Award of Agreement Renewal for “UTILITY BILLING CUSTOMER SERVICES” to Billing Document Specialists for the Not-To-Exceed approved budget amount of $272,000.00. Meridian City Council December 6, 2016 Page 6 of 17 N. Approval of Contract Amendment No. 1 to Varsity Facility Services for “JANITORIAL SERVICES” for a Not- To-Exceed amount of $198,325.08 O. Approval of Contract Amendment to extend the contract for “Liquid Emulsion Polymer” to BASF Corporation in the Not-To-Exceed amount of $200,00.00 P. Findings of Fact, Conclusions of Law for Interstate Center (AKA Wahooz/Roaring Springs) H-2016-0119 by Bowden Properties, LLC and Black Mor, LLC Generally Located Near the NW Corner of W. Overland Road and S. Meridian Road Q. Findings of Fact, Conclusions of Law for Paramount Director (H-2016-0104) by Brighton Investments / Land Holdings Located Southwest Corner of W. Chinden Boulevard and N. Meridian Road R. Findings of Fact, Conclusions of Law for Citadel 4 Storage Ten Mile (H2016-0114) by Citadel Storage, LLC Located 4015 N. Ten Mile Road S. Findings of Fact, Conclusions of Law for Approval for Knighthill Center Subdivision No 2 H-2016-0121 by James R Wylie IV Located at 6241 N Linder Road T. Findings of Fact, Conclusions of Law for Approval for Linder Road Apartments (H-2016-0111) by S 3 Investments LP, Located at 1770 S. Linder Road U. Final Order for Verado Subdivision No. 1 (H-2016-0122) by DevCo., LLC Located Southeast Corner of N. Locust Grove Road and E. Ustick Road V. Development Agreement for Verado Subdivision-H-2016- 0047 with C15, LLC located near the southeast corner of N. Locust Grove Road and E. Ustick Road in the NE 1/4 of Section 5, Township 3N., Range 1E W. Amended Development Agreement for Hill's Century Farm Commercial (H2016-0092) with Martin L. Hill located at 3625 E. Amity Road, in the Northwest 1/4 of Section 33, Township 3 North, Range 1 East Meridian City Council December 6, 2016 Page 7 of 17 X. Resolution No. 16-1181: Adopting 2017 Initial Point Gallery Schedule Y. Resolution No. 16-1182: A Resolution Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons, Committee Liaisons, Committee Members, Commission Ex-Officio Members, and City Area Contacts De Weerd: Okay. Item No. 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, as stated earlier, Item 6 -X is resolution number 16- 1181 and 6-Y is resolution number 16-1182 and with that I move we approve the agenda as printed and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as read. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Department Reports A. Mayor’s Youth Advisory Council Update De Weerd: And Item 8-A has been requested to vacate. We had some car problems and we just gave a recent update, so thought we would put this off until -- to kick off the beginning of the year. B. Mayor's Office: Resolution No. 16-1183: A Resolution Appointing Megan Larsen to Seat 5 of the Meridian Solid Waste Advisory Commission Meridian City Council December 6, 2016 Page 8 of 17 De Weerd: So, Item 8-E is Resolution 16-1183. It is a resolution to appoint Megan Larsen to Seat Five of the SWAC. Do I have any questions? Okay. If not I would entertain a motion to approve. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 16-1183. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion? Hearing none, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Fire Department: Sale of Surplus Vehicle, 2002 Pierce Enforcer Fire Engine to Middleton Fire & Rescue District De Weerd: Item 8-C is in under our Fire Department and I will turn this over to Chief Palmer. Palmer: Thank you, Madam Mayor, Members of the Council. As you're all aware we recently purchased two new fire engines and put those in service and we have one of the engines that was being replaced to bring it for you to declare surplus. We have an offer from Middleton Fire to purchase that engine for the sum of 30,000 dollars if you declare that surplus and allow us to proceed with working with Middleton on that. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Chief Palmer, was the dollar figure confirmed to be consistent with an appraisal from Pierce for the value of that surplus property? Meridian City Council December 6, 2016 Page 9 of 17 Palmer: As best we could tell, yeah, based on mileage and wear and tear, age, number of hours, that they felt that that was consistent. Having not seen the engine they felt that that was a fair price. Borton: Okay. Thank you. D. Resolution No. 16-1184: A Resolution Authorizing Sale of 2002 Pierce Enforcer Fire Engine to Middleton Fire & Rescue District De Weerd: Okay. If there is no further questions we will move to Resolution 16- 1184. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve resolution 16-1184 authorizing the sale of the 2002 Pierce Enforcer Fire Engine to the Middleton Fire Department. Bird: Second. De Weerd: I have a motion and a second to approve Item 8 -D. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Mayor’s Office: Continued Discussion About Potential Expansion of Planning and Zoning Commission De Weerd: Under Item 8-E just continued discussion. I received a very short and brief e-mail from Chairman Yearsley just saying he supports the increase in P&Z members to seven and the two that -- Jessica and Bill to the commission that we interviewed, he looks forward to serving with the additional two seats and didn't know what questions, just -- I had just said that you would like indication of his support. So, with that I would ask if there is any specific questions I can help you with. Otherwise, I will bring two names to our next meeting. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Meridian City Council December 6, 2016 Page 10 of 17 Cavener: Did we hear from any of the other Commissioners on this issue? De Weerd: I communicated through the chair, so, no, I did not reach out to all of the commissioners. Cavener: Madam Mayor? De Weerd: Yes. Cavener: The reason why I asked is just in my course of day I happened to bump into a commissioner and asked his opinion and he had voiced some concern about a large group and how long the meeting would potentially go and so I encouraged him to reach out to you and voice that or voice that to the chair. I don't know if that has happened or if he reached out to the chair maybe before or after he had reached out to you. De Weerd: Yes. I don't know. I reached out to the chair immediately following our meeting, so he would have had opportunity to and to pass that information on, so, no, I -- Cavener: Okay. De Weerd: Any questions? If not, I will bring the two names forward next week and seek your approval. Item 9. Action Items A. Final Plat Continued from November 22, 2016 for Goldengrove Subdivision (aka Logan Creek) (H-2016- 0124) by Heartland Homes, LLC Located at 4617 Martinel Lane 1. Request: Final Plat Consisting of 67 Building Lots and 15 Common Lots on 21.75 Acres of Land in the R-4 Zoning District De Weerd: Item 9-A is a final plat from 2000 -- or November 22nd, 2016, on H- 2016-0124. I will turn this over to staff. Hood: Thank you, Madam Mayor, Members of the Council. This will be a pretty abbreviated report. We did get concurrence from the applicants that they are in agreement with the staff report, but I do have a couple of exhibits on the screen right now kind of showing you the location of the 67 residential building lots, 17 common area lots, final plat on 21.75 acres in the R-4 zoning district. So, unless there are any questions, we would ask for your approval of the subject final plat. Meridian City Council December 6, 2016 Page 11 of 17 De Weerd: Any questions from Council? Hearing none, do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the final plat on H-2016-0124. Cavener: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Final Plat for Whiteacre Subdivision No. 2 (H-2016-0125) by Whiteacre Development Corp., Located West Side of N. Meridian Road, Between W. Ashton Drive and W. Lava Falls Drive 1. Request: Final Plat Approval Consisting of Thirty-One (31) Residential Lots and Eleven (11) Common Lots on 7.04 Acres of Land in the R-8 Zoning District De Weerd: Item 9-B is also a final plat for H-2016-0125. Caleb. Hood: Thank you, Madam Mayor, Members of the Council. Kind of a similar story here. I do have a verbal consent from the applicant that they are in agreement with the staff report for White Acre Subdivision. This is the second phase of the plat. So, Google Earth doesn't show the first phase, but it is located generally between Ustick and McMillan Road on the west side of Meridian Road. There are 31 residential lots in this phase and 11 common lots on 7.04 acres of the R-8 zone. So, again, unless there is any questions we would ask for your approval of the subject final plat. De Weerd: Thank you, Caleb. Any questions from Council? Bird: I have none. De Weerd: Okay. With that I would entertain a motion. Meridian City Council December 6, 2016 Page 12 of 17 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve H-2016-0125. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-B. Mr. Clerk, we will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. __________________: An Ordinance (H- 2016-0047 – Verado Subdivision) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 SECTION 5, 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-8 (MEDIUM DENSITY RESIDENTIAL) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS 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. Meridian City Council December 6, 2016 Page 13 of 17 De Weerd: Item 10-A is Ordinance 16-1716. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1716, an Ordinance file H-2016-0047, Verado Subdivision, for annexation and rezone of a parcel of land located in Government Lot 3, Section 5, 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-8, Medium Density Residential, and R-15, Medium-High Density Residential zoning districts, 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 the reading of this Ordinance. 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. 16-1716 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10 -A. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Under Item 11, Council, I usually give you a preview of upcoming events. We will be holding the second Growing Together meeting on Thursday, November 8th, at the New Ventures Lab from 9:30 to noon. This is regarding the Fields District and the first meeting was well attended with good dialogue and comments. This will be the second meeting. We also have Coffee With The Mayor next week on Tuesday, December 13th. It will be at Frankie's Java at 8:00 a.m. Meridian City Council December 6, 2016 Page 14 of 17 Always love it when you can join us and have an opportunity to hear the questions or receive comments from our citizens. And, lastly, Scentsy Points of Lights holiday concert is Tuesday, December 13th. Hopefully we might be done with our workshop and you can join them at 6:30 to 8:00. Their campus is decked out with lights and as I understand it there are more than 365 trees that are wrapped in over 26 miles of -- of Christmas lights. So, it will all be lit up. The choirs from Eagle and Rocky High Schools will perform. Plus we will have Christmas carols and other holiday favorites. So, you're invited out to join in an evening of Christmas festivities. Are there any topics for future meeting agendas? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Not really a topic of a future meeting agenda, but I had a son born on Thursday and my -- my dad -- they had their organizational meeting for the legislature and he -- we named him Lincoln Joe Palmer and so he took a moment and mentioned him so that he would be on the record. So, I figured since I'm his dad also I had better do likewise. But wanted to mention that we -- even though Councilman Cavener also has a Lincoln, I had chosen that he would be my second son's name back when I was like 12 after my second favorite president. De Weerd: It's still kind of suspicious, but -- Palmer: And, then, Joe, obviously, after my second favorite legislator. It would have been weird to the name a son Lenore Barras, so I had to go with Joe there. So, I just wanted to throw that on the record so that some day I can look it up. I will probably be the only one that will ever look at those minutes. De Weerd: Well, thank you. As you're mentioning Lincoln Joe Palmer, date, time, weight, length, you know, give us the details. Milam: Social Security number so it will be on public record. Palmer: Thursday. Boy. I think he was 19 and a half inches. Seven pounds, eight ounces. He was our smallest kid, enough though we had twins. The twins were bigger. I think. De Weerd: And he's -- he's beautiful. Palmer: He has the most round head ever. Rounder than mine. De Weerd: Yeah. Well, congratulations. Palmer: Thank you. Meridian City Council December 6, 2016 Page 15 of 17 De Weerd: We wish you many sleepless nights and -- and a great holiday. It's -- it's always fun. Newborns and Christmas, there is nothing better. My daughter was born on the 17th and she was the best present under my tree that year. So, congratulations. Hood: Madam Mayor? De Weerd: Caleb. It was like where did that voice come from. Hood: I wanted to follow up on a future meeting topic that was discussed right before Thanksgiving. I believe it was Councilwoman Ann Little Roberts that asked for an update on the Eagle Road at Village Drive and so I just wanted to let you all know I did talk with Erika Bowen yesterday. She's the ITD District 3 traffic engineer and she will be at your January 10th workshop. So, that is scheduled. Nothing in the details now, but they are working with Center Cal and some legislators and traffic engineers and trying to work that out. But she will give you a more detailed update and have, hopefully, a little more solid answer than the quick update she gave me yesterday on the 10th. De Weerd: We had kind of hoped to hear something about how they were going to deal with transportation pressures during the holiday rush, so -- but I will not kill the messenger, even though it is tempting. Hood: Well, Madam Mayor, I mean if you would like I can follow up with her. She -- she wasn't -- there is not much of an update right now. They are still in negotiations and talking, so I don't think that -- they are playing it out through the holidays, I guess, if I could summarize what I heard, essentially, from her. But they are working towards allowing the signal at Village Drive, but they still have some things to work out, so -- De Weerd: So, chief, I guess it's extra duty for our patrol officers and maybe even our fire department in response to what frustrated drivers will end up doing to -- to beat the line that causes by removing that left-hand turn. So, maybe next week you can have a report on how things are going out in that area as far as enforcement goes and safety. Lavey: We haven't had any crashes. Bird: Had the barricade ran over a couple times. De Weerd: Okay. Well, we are seeking peace on earth this Christmas, so -- Hood: Madam Mayor, if you'd like, I can follow up with Erika and see if she would be willing to come sooner. That was just -- I threw out some dates and she said let's -- let's -- by that time I should have more of a solid update . But if you'd like Meridian City Council December 6, 2016 Page 16 of 17 me to try and advance that I'm willing to invite her to next week or the week after if that's what you'd like to see happen. De Weerd: Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, it was an unfortunate situation that happened, but it sounds like things might be eventually going our way. I shy from poking the bear further if it's trending our way, see where it goes. De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, it would have been nice to have had something sooner, but having spoken with Center Cal and several of the businesses out there and listening to their frustration, but also listening from Center Cal's perspective to the progress, I'm guessing we are probably not going to have any more information than what Caleb has currently provided until talks get further along. But thank you and thank you, Caleb. De Weerd: Very good. Well, we will hear from ITD, then, after the beginning of the year. Thank you for your follow-up, Caleb, on that. Item 12: Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code De Weerd: Okay. Item No. 12 is Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(b). Milam: Second. De Weerd: Have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Meridian City Council December 6, 2016 Page 17 of 17 MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:33 p.m. to 6:47 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. It ff . u- •eM De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: If I could have a motion to adjourn. Bird: So moved. Milam: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Let the record reflect -- Milam: Record. MEETING ADJOURNED AT 6:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYORS MY de WEERD DATE APPROVED ATTE GOV�pORATe -1 C. MY C ES, CITY CLERK M j�l j w m2 s� /O,H0 / The Office of the Mayor P R O C L A M A T I O N Whereas, being an athlete is more than training to excel in sports or to be physically fit. It is training to build leadership, character, confidence, teamwork and resilience – all traits that are needed to succeed on the court, in the classroom and in the real world; and, Whereas, the Rocky Mountain Boys’ Cross Country Team placed first at four major cross country invitational meets and also at the district championship; and, Whereas, their hard work and teamwork resulted in recently running away with the 2016 State Championship for Cross Country; and, Whereas, the capturing of the state title builds school spirit and allows these student athletes to walk the halls of Rocky Mountain with a little extra swagger; Whereas, the leadership, training and discipline of Bob Hays and Katy Jannuzzi helped Taylor Phillips, Evan Thieme, Ashton Siwek, Anthony Ghiorso, Joey Tolman, Drew Hiatt, Sheldon Jones and Braden Heath to focus their talents and passion to become a winning team, with each player making valuable contributions to their victory; Therefore, I, Mayor Tammy de Weerd, do proclaim December 2nd, 2016 as Rocky Mountain High School Cross Country State Champions Day in the City of Meridian and call upon the community to join me in congratulating the Grizzlies on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament. Dated this 2nd day of December, 2016 ________________________________ Tammy de Weerd, Mayor Charlie Rountree, City Council President Keith Bird, City Council Vice President David Zaremba, City Council Luke Cavener, City Council Genesis Milam, City Council Joe Borton, City Council Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Minutes of November 15, 2016 City Council Approve Minutes of November 15, 2016 City Council Regular Meeting 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 November 15, 2016 Page 70 of 70 Bird: Council, any ideas for future topics at this point? Borton: Mr. President? Bird: Yes, Mr. Borton. Borton: Two things. One, will you e-mail around the assignments? Bird: Yes. She's already -- we got that. Borton: And the 29th, the fifth Tuesday, are we planning on -- on meeting that day? Bird: I don't think we will have a meeting on the 5th if we -- Nary: Mr. President, Members of the Council, there is nothing scheduled at all on that, because it is a fifth Tuesday. Borton: Okay. Bird: Hearing none, I would certainly entertain a motion to adjourn. Milam: So moved. Little Roberts: Second. Bird: All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:25 P.M. ( O RECORDI ILE OF THESE PROCEEDINGS) PRESIDE KEITH BIRD DATE APPROVED �I ATTEST. oD AUC� `'Sr City of C. AY COLES; CITY CLERK , t S , s /hI TO Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Minutes of November 22, 2016 City Council Approve Minutes of November 22, 2016 City Council Regular Meeting 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 November 22, 2016 Page 30 of 30 De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Could I have a motion to adjourn. Bird: So moved. Cavener: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Happy Thanksgiving. MEETING ADJOURNED AT 7:26 P.M. (A CORDIN F THESE PROCEEDINGS) MAYO MY de EERD DATE APPROVED ATTEST:,,,-) tiPternu�r, C. JAY -COL CITY CLERK SGS- 71� City of E'l TIMANA IpAI{O r SEAL, ti F/,• o F <Ihe TREN Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Treasure Valley Veterinary Dog Licensing Designee Agreement between Treasure Valley Veterinary Hospital and City of Meridian 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 i DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this day of IM&I. , 20jj, 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 Idaho Avenue, Meridian, Idaho 83642, and Treasure Valley Veterinary Hospital, hereinafter referred to as "Licensing Designee," whose business address is 2600 S. Meridian Road, Meridian, Idaho 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2017 to December 31, 2017. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies, as prepared and provided by City. 2017 DOG LICENSING DESIGNEE AGREEMENT • PAGE 1 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. 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, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Treasure Valley Veterinary Hospital, 2600 S. Meridian Road, 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. I. 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: 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. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. 2017 DOG LICENSING DESIGNEE AGREEMENT • PAGE 3 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The parry to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, 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 Meridian 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 Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. 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. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 2017 DOG LICENSING DESIGNEE AGREEMENT • PAGE 4 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf; and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (10th) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2017 DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 5 S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: TREASURE VALLEY VETERINARY HOSPITAL aesig.nee'siipature BY: tYie e,e �Svt��r,, Print Name CITY OF Egtl IAN BY: Tammy de erd, Mayor Attest: C.Ja, -Coles, itk, Clerk QS z� � � NtA 2017 DOG LICENSING DESIGNEE AGREEMENT m PAGE 5 of 5 Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Settlers Park Veterinary Dog Licensing Designee Agreement between Settlers Park Veterinary Hospital and City of Meridian 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 DOG LICENSING DESIGNEE AGREEMENT \ d This DOG LICENSING DESIGNEE AGREEMENT is made this 7-- day of j "ld V-e-oAW , 20 1,4, 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 Idaho Avenue, Meridian, Idaho 83642, and Settlers Park Veterinary Hospital, hereinafter referred to as "Licensing Designee," whose business address is 3220 N. Meridian Road, Meridian, Idaho 83646. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2017 to December 31, 2017. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies, as prepared and provided by City. 2017 DOG LICENSING DESIGNEE AGREEMENT ■ PAGE 1 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf; and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (10th) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Cleric shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2017 DOG LICENSING DESIGNEE AGREEMENT ■ PAGE 2 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City fiom and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. 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, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Settlers Park Veterinary Hospital, 3220 N. Meridian Road, Meridian, Idaho 83646 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. I. 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: 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. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. 2017 DOG LICENSING DESIGNEE AGREEMENT w PAGE 3 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (3 0) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, 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 Meridian 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 Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. 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. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 2017 DOG LICENSING DESIGNEE AGREEMENT E PAGE 4 OF 5 S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: SETTLERS PARK VETERINARY HOSPITAL Designee's Signature BY: 70wEIA,,, ,5�GLs' Print Name F MERIDIAN M Tammy d�yWeerd, Mayor Attest: C.Ja Coles, Aucasp7 ",� 2017 DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 5 Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Linder Pet Medical Care Dog Licensing Designee Agreement between Linder Pet Medical Care and City of Meridian MEETING NOTES ®-,.4" Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this day of 20_L�L, 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 Idaho Avenue, Meridian, Idaho 83642, and Linder Pet Medical Care, hereinafter referred to as "Licensing Designee," whose business address is 1785 W Cherry Lane, Meridian, Idaho 83642. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee's issuance of dog licenses on City's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(D). B. Time of Performance: This agreement shall be effective from January 1, 2017 to December 31, 2017. C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses: Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies, as prepared and provided by City. 2017 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE I of 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf; and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (10th) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2017 DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. 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, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Linder Pet Medical Care, 1785 W Cherry Lane, Meridian, Idaho 83642 Either parry 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. I. 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: 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. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. 2017 DOG LICENSING DESIGNEE AGREEMENT ■ PAGE 3 OF 5 N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, Licensing Designee, 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 Meridian 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 Licensing Designee at least fifteen (15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. 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. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 2017 DOG LICENSING DESIGNEE AGREEMENT m PAGE 4 OF 5 S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: LINDER PET MEDICAL CARE Designee's Signature BY:,.• e" Print Name i Tammy de NUGUSp j Z "F �v City of t Attest:,,s • ������ '�`�`�� �q ti Clay Cole 'Clerk 2017 DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 5 Meridian City Council Meeting DATE: December 6, 2016 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Water Main Easement between the City of Meridian and 3410 N. Eagle Road, LLC within Model Home Furnishings 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 2016-119075 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/08/2016 01:21 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MMM EASEMENT THIS INDENTURE, made this IV day A6 ZO I�e between J��� �%- E-�9lt f� 6ad' ('� C the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS.:, he ,GRAN -ORS -de --,to:provide a water- n, �.g1�t o� way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be umistt ted.bywhers; aid WHEREAS, it will be necessary to maintain, service and subsequently comlect to said pipeline from time to time by the GRANTEE-; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following dese bed..property. SEE A.TTTACBED. EXIIIBITA and B) The easement hereby granted is for the purpose of construction and operation of a waterline and their allied facilities, together with their maintenance, repair, replacement and subsequentconnection at the convenience of the GRANTEE, with the free -right of.access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-af=way-Lmt f the. said GRANTEE,_ it's- successors- and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs, performing maintenance, replacements orr subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property ,oto thatexistent:,pr Ao : deAaking such:proced res. However, %G�RANITEE :shall :not be : slaonsil l fir nail xg, wplacing or vestoriing enything p]ueedwithin the area described in this easement that was placed there in violation of Phis easement. Water Main Easement REV. 081 5/t6.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed &' permanent, -structures, trees, brush, or perennial, shrubs` or flowers, within the area- described,for this: easement, which would interfine.wiffi•the, use of sai&ea;sement,_ for.the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the riglbt-of:way and casement; hereby granted shall- beconne partl of,. or lie within, the .J)oundaries.of2ny.pubinu :stieet, then, to ,s,teh extent, stick fight -,of way and easemnent hereby ,granted which lies witbin.suah?boundary thereof or which is apart thereof, .stied cease and become null and void anti of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and Iawf dl, ii&to convey sand easement, and4hat-they will warrant andforevet defend the title and quiet possession thereof against the lawful cl'ai4ns of atf persons whomsoever. IN WITNESS VTIIEREOF, the =said parties- ofthe-first part have hereunto- -subscribedtheir signatures the day and year first herein above written. GRANTOR: President Address V�C� R t.)3,05`' STATE OF tDALKO ) . ss. County of Ada ) On this day oLkWke'20 beforo me, the tindexsi-gned, allotary Pub -lie in and for said State,,personalty appeared - Ryow awl and .,"4m..; - own or e4gA e 1, To., me ..-to `tae theBit end- I'A�e n 6e e : ;-m-speef ively, .of the jeorpoxation that -executed the -within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set -my hand and affixed my official seal the day and year est shave Written. (SEA AI�a1iry OUMAM NOTARY' P _;IC �OR"IDAHO state Of Idaho Residing at: �rl'few Commission Expires: r Water Main Easement REV. 08/15/16.doc GRANTEE: CITY OF NIERIDIAN 81- V�� 0 Tammy de or tv p,%+ ar A--*tte,qt'J$y.`CJ.ay We's , -City cl Approved -By city -counm on:: STA TE. 0FI]DA-110, ss .C.OmAty of Ada On this 10 - day of lae_%&mb,,4 _,20 before -me, the undersigned, a Notary Public, in and f6r said States pewsopally 4ppeared Tammy de Weerd and C% Jay ClbjS, lmown to me to be the Mayoy akxd Ci y.Cl xe, specthwely, of the. i y. 0fMleiridjws.ldah%..aAd yvho" P0 'the same. F -M,01 IN WITNESS WHEREOF, I havelereunto sq.my hand and affixed my oMcia.1 seal th-o day and year first above- written, SEAL. NOTTARY PUBLIC . F6R--'lfYAW . . ', I 0002 '00 V. 'S 9 Odd. //0 c nmilsslon s;,, -?**A TB 'Water'M aln-Easemcnt JWV. 0VIM6,doc 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 November 10, 2016 Project No. 16-105 Model Home Furnishings Exhibit -A Easement Legal Description An Easement over a portion of Lot 2, Block 1 of Smitchger Subdivision North (pages 12,639 through 12,641, Plat Book 99 at records. of Ada County, Idaho) situated in the Southwest 1/4 of the, Southwest_1/,4. of Section 33, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described asfollows: Commencing at a found 1/2 inch rebar marking the northwest corner of said Lot 2, thence following the northerly line of said Lot 2, S89030'25"E a distance of 27.97 feet to a point on the easterly line of a public domestic water and sewer per said Smitchger Subdivision North; Thence leaving said northerly line and following said easterly Tine, S00°29'13"W a distance of 4.07 feet to the POINT OF BEGINNING. Thence leaving said easterly line-, S89A18'07"E adistance of 317.38 feet to a point; Thence S00'41'39"W a distance of 20.00 feet to a point; Thence N89'1821"W a distance of 303;06 feetto a point; Thence S00°41'39"W a distance of 3.47 feet to a point; Thence N89°30!4.7"W a distance of 14.24 feet to a; point on the easterly line -of said dome-stic water, and sewer easement; -Thence following the.easterly line of.said easement thefollowing five (5) -calls: 1. N00029'13"E a distance of 2.14 feet to a point; 2. S89°30'47"E a distance of 8.50 feet to a point 3. N00029'13"E a distance of 20.00 feet to a point; 4. N89'30'47"W a distance of 8.50 feet to a point; 5. N00°29'13"E a distance of 1.39 feet to the POINT OF BE=GINNING. Said easement contains 6,228 square feet, more orless, and is subject to all existing easements and/or rights-of-way of record or implied. `oft LA/yQ� E N S,,,g 1`6662 OF Q-1 sqr oP�o ENGINEERS I SURVEYORS I PLANNERS P:\16-105\CAD\EXHIBITS\16.105 FIRE HYDRANT EASEMENT.DW6, JAMES HAPiLEY,11/10/2016, KYOCERA TASKAiFA 455OCI KX.PC3, — o> -Qo c: 0 V) c: TJ -A Z: qc .o 0 V) L-4 rrl G7 02 rl r' 9m' In m M nmzi r m m It M Z Q Ic,-o G 0 vt [ W r r z 3 � 5 po l C.I 'm N , a z r W Cn ` 3540 N— EAGLE. ROAD, a n n m` 0 0 v z DO cn z o (ND W O W W CNfl W -� a (A (A ("I CA C3 Ri M m m PRop s rn 0 N C) G) m C C33 G7 O z z 0 i "0 0 m. a Q C;u M U) za (nxig OOK rn eco to t7 yZ� � m pin m m 0 0 W pj N v W v o f � I 0 ■ E EXHIBIT ► [ t `4 WATERMAIMEASEMENT t 3 � 5 t n a 1 s ` 3540 N— EAGLE. ROAD, a n n m` 0 0 f � I f: - ■ E EXHIBIT ► [ t `4 WATERMAIMEASEMENT t 3 � 5 t ( MODEL HOME FURNISHINGS a 1 s ` 3540 N— EAGLE. ROAD, Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Temporary Construction Easement with Brighton Investments, 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 ADA COUNTY RECORDER Christopher D. Rich 2016-119076 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 12/08/2016 01:21 PM CITY OF MERIDIAN, IDAHO NO FEE TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this (0 day of L�;'016 between .Brighton investments LLC, an Idaho limited liability company, the7 parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS are willing to provide a temporary construction casement across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided by an underground pipeline to be constructed by the GRANTEE; and NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for a temporary easement over and across the following described property: SEE ATTACHED LEGAL EXHIBITS A, 2,1 and A. 2.2. The temporary construction easement hereby granted is for the purpose of construction of a sewer line and access road and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and final acceptance of said sewer line and related appurtenances by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line and access road and related appurtenances, GRANTEE shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever Temporary Construction Easement . Rev.4.4-16 defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. GRANTEE hereby agrees to the extent allowed by law to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the easement by GRANTEE, its employees, contractors and agents, hereunder, and including, without limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the temporary construction easement to the general public. This easement shall be strictly limited to and for the purposes herein expressed. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTO : BRIGHYON INVESTMENTS LLC By: David . Turnbull, Managing Member I Ar 01 I - k ZGv Address ' STATE OF IDAHO ) ss. County of Ada ) rd On this - day of �J 0 V U►'1. 20 t�—, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. -- - � - NANCY THRONGARD (%NRY PUBLIC, STATE OF IDAHO 0'1'0 " L)-]'kW &'�"o NOTARY P BLIC FOR IDkhO Residing at: T� n s-e-� Commission Expires: C- /S-- 1 Temporary Construction Easement Rev.4-4-16 GRANTEE; CITY OF MERIDIAN Tammy de We , Mayor Attest l&C, Jayleoles, City Clerk O�P,�VpAUCpgr� i e City } J Approved By City Council On; (r 1 STATE OF IDAHO ) ss County of Ada ) On this e_ day of I3or,9ajA1,,2e4 , 20 / &� 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) I�OfXRY PUBLIC FOR IDAIIO Residing at; ccs,,, "tjd'1A0- Commission Expires; r '3c� '-�� o2Z) Temporary Construction Easement Rev,4-4-16 CJUB J'u•B ENGINEERS, INC. 1-U-8 COMPANIESIK LANOOON I MAPPING GROUP INC, EXHIBIT A2•1 Temporary Construction Easement Brighton Boundary Description Project Number 10-15-116 October 27, 2016 Three easements situated in the southeast quarter of the northwest quarter and the northeast quarter of the northwest quarter of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Easement 1 Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°57'17"E, 1188,51 feet along the south line of the northwest quarter to the center -west sixteenth -section corner and the southwest corner of Parcel 1- Murgoitio 18 of General Warranty Deed Instrument Number 2014-099401, records of Ada County, Idaho; Thence N00°31'01"E,1087.65 feet along the west line of the southeast quarter of the northwest quarter and Parcel 1 to the POINT OF BEGINNING: Thence continuing NOO'31'01"E, 75.01 feet along the west line of the southeast quarter of the northwest quarter and the boundary of Parcel 1; Thence N89°36'48"E, 295,47 feet; Thence N34°07'06"E, 76.63 feet; Thence S53°26'07"E, 75.07 feet, Thence 534°07'06"W, 112.88 feet; Thence S89°36'48"W, 336.11 feet to the POINT OF BEGINNING. The above-described easement contains 0.71 acres, more or less, Easement 2 Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°57'17"E, 1188,51 feet along the south line of the northwest quarter to the center -west sixteenth -section corner and the southwest corner of Parcel 1- Murgoitio 18 of General Warranty Deed Instrument Number 2014-099401, / o records of Ada County, Idaho; o ,,/U7//did OF Page 1 of 3 V'rgic( S , a 250 S, Beechwood Avenue, Sulte 201, Bolse, ID 83709 p 208-376-7330 % 208-323-9336 w www,jub.com Temporary Construction Easement Rev.4-4-16 PIHO(AP JUB J -U-6 COMPANIES I-AN000N IN GROUP NO. J•U-B ENGINEERS, INC. Brighton continued... Thence N00°31'01"E, 1187.66 feet along the west line of the southeast quarter of the northwest quarter and the boundary of Parcel 1 to the POINT OF BEGINNING; Thence continuing N00°31'01"E, 139.23 feet along the west line of the southeast quarter of the northwest quarter and the boundary of Parcel 1 to the northwest sixteenth -section corner, Thence N00°20'39"E, 231.90 feet along the west line of the northeast quarter of the northwest quarter and the boundary of Parcel 1; Thence N82°35'39"E, 37.97 feet along the boundary of Parcel 1; Thence S36°35'15"E, 33.52 feet; Thence S17"32'30"E, 140.00 feet; Thence S39°51'13"E, 107.57 feet; Thence S53°26'07"E, 165.19 feet; Thence S34°07'06"W, 39,53 feet; Thence S89°36'48"W, 281.92 feet to the POINT OF BEGINNING. The above-described easement contains 1.29 acres, more or less. Easement 3 Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°57'17"E, 1188.51 feet along the south line of the northwest quarter to the center -west sixteenth -section corner and the southwest corner of Parcel 1- Murgoltio 18 of General Warranty Deed Instrument Number 2014-099401, records of Ada County, Idaho; Thence N00°31'01"E, 1326.89 feet along the west line of the southeast quarter of the northwest quarter and the boundary of Parcel 1 to the northwest sixteenth -section corner; Thence N0o°20'39"E, 231.90 feet along the west line of the northeast quarter of the northwest quarter and the boundary of Parcel 1; Thence N82°35'39"E, 84.64 feet along the boundary of Parcel 1 to the POINT OF BEGINNING; Thence continuing N82°35'39"E, 20.32 feet along the boundary of AND Parcel 1; Thence S17°32'30"E, 106.42 feet; 4 s r5 a� Ido /��9�F OF Page 2 of 3 ~:& a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com Temporary Construction Easement Rev.4-4-16 ("JUB .� J•U•e ENGINEERS, INC. Brighton continued... Thence S72°27'30"W, 20.00 feet; KW W -B CONIPANIES I HOOP N ®� O.Ar PINO Thence N17032'30"W, 110.00 feet to the POINT OF BEGINNING. The above-described easement contains 0.05 acres, more or less. Prepared from information of record, Page 3 of 3 >a1lW CL �Pp67, '114 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 1208-323-9336 w www.iub,com Exhibit A2.2 Point of Beginning Temporary Construction Easement 3 o so 100 SCALEINFEET Point of Beginning Temporary Construction Easement 2 N36'35'1 5"W 33.52' w O1 0 M N N0o z NW 1/16 N of \ M 25,00' Point of Beginning-- "` Sanitary Sewer Easernent Point of Beginning Temporary Construction Easement 1 C? r 39"E 518.76 -20'32 413'$0 Temporary Construction ' Easement 3 517'32'30"E 106.42' S17'32'30"E 110.00' S72'27'30"W ON\2 S72'27 � 27'30'W o, 0 10.00' S17'32'30"E 48.54' \w .9q�Si, .J \�% Sanitary Sevier r �Sd F Easement k ` , ss32s Temporary Construction Easement 2 6`579 dry N34'07'06"E SSB, 39,53'}, N89'36'48"E 28 92' _ a�� �S�j\0>1 P/E ._ P/E ,le� 589'36'48"W 295.47' S34'07'06"W /^ `b 76.63' — T/E S89'36'48"W 336.11' w R M or Temporary Construction 00 o io Easement 1 Z LO to (� N (0 C_ W r � o ^ �1/4- N89.� 36G Pl- 11 C -W 1/16 (JUS )I JOH ENGINEERS, INC. Black Cat Trunk NW 1/4 of Section 31, T.3N.l R.1 E., City of Meridian, Ada County, Idaho SHEET 1 of 1 Temporary Construction Easement Rev.4-4-16 Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Sanitary Sewer and Access Easement with Brighton Investments, 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 ADA COUNTY RECORDER Christopher D. Rich 2016-119077 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 12/08/2016 01:21 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND ACCESS EASEMENT THIS INDENTURE, made this day of 1. 66en16 e4- , 2016 between Brighton Investments LLC, an Idaho limited liability company, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS are willing to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided by an underground pipeline to be constructed by the GRANTEE; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an casement over and across the following described property: SANITARYSEWER AND ACCESS ROAD SEE ATTACHED EXHIBITS A-1.1 and A-1.2 The easement hereby granted is for the purpose of construction and operation of a sewer line and access road and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times, In addition to the sanitary sewer and access road easement, a separate, non-exclusive access easement is hereby granted for the purpose of vehicular ingress and egress at the convenience of GRANTEE over, on across and through the following described real property: SEPARATE ACCESS EASEMENT, SEE ATTACHED EXHIBITS A -X 3 AND A-1,4 TO HAVE AND TO HOLD, the said easements and right-of-way unto the said GRANTEE, it's successors and assigns forever, If the GRANTORS utilization of the lands change, the GRANTOR hereby reserves the right to relocate the access easement upon the GRANTOR's property upon thirty days' prior written notice to GRANTEE. The parties then agree to execute, deliver and record Sewer Main Easement Rev, 7-28-16 an amendment to this document to evidence any such relocation, The GRANTEE shall maintain these access facilities and corridors in all-weather travelable condition, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, and GRANTOR shall promptly repair at GRANTOR's expense any damage to the easement areas caused by GRANTOR. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures or trees within the area described for this easement, which would 'interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, or public pathway then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. GRANTEE hereby agrees to the extent allowed by law to indemnify and hold GRANTOR harmless ftom and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the easement by GRANTEE, its employees, contractors and agents, hereunder, and including, without limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the permanent access easement to the general public. This easement shall be strictly limited to and for the purposes herein expressed. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sewer Main Easement Rev. 7-28-16 GRANTO ; BRI TON INVESTMENTS LLC By; DaviW, Turnbull, anagmg Member I ado i r1`I . ��i �'1YP� �, ,S-f�-moo, t�as�,�� 8�►13 Address STATE OF IDAHO ) ss, County of Ada ) On this '�w day o£ LOyMVGK , 201, before me, the undersigned, a Notary Public in and for said State, personally appeared David W, Turnbull, known or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year f lat- havcwitm NANCY THRONGAR® NOTARY PUBLIC V� (SEA-�� OF UAHd NOTARY P LIC FOR AHO Residing at; � l Commission Expires; 1'5-- 1,9 GRANTEE; CITY OF MERIDIAN Tammy C. JYy Coles, City Clerk W �F�r£k o f I h e T 4 E ASUQti Approved By City Council On; _ W W )0116 Sewer Main Easement Rev, 7-28-16 STATE OF IDAHO ) ss County of Ada On this 6 day of -""1' )ZA221 yi , 20 -ko, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de W eerd 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, "C�'/Vo� (SEAL) NOTARY PUBLIC FOR IDAHO 4"81 Residing at; `���(,.( Slily'•, Commission Expires; e '04 v 0 Sewer Main Easement Rev. 7-28-16 ('J -U B ), J-U•B ENGINEERS, INC. t1 U B COMPANIES I OROUP N [ .. I NAC PATK�NO EXHIBI1 Sanitary Sewer Easement Brighton Boundary Description Project Number 10-15-116 October 27, 2016 An easement situated in the southeast quarter of the northwest quarter and the northeast quarter of the northwest quarter of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°57'17"E, 1188.51 feet along the south line of the northwest quarter to the center -west sixteenth -section corner and the southwest corner of Parcel 1- Murgoltio 18 of General Warranty Deed Instrument Number 2014-099401, records of Ada County, Idaho; Thence N00°31'01"E, 1162.66 feet along the west line of the southeast quarter of the northwest quarter and Parcel 1 to the POINT OF BEGINNING: Thence continuing N00°31'01"E, 25.00 feet along the west line of the southeast quarter of the northwest quarter; Thence N89°36'48"E, 281.92 feet; Thence N34°07'06"E, 39.53 feet; Thence N53°26'07"W, 165.19 feet; Thence N39°51'13"W, 107.57 feet, Thence N17°32'30"W, 140.00 feet; Thence N36°35'15"W, 33.52 feet to the north line of Parcel 1; Thence N82°35'39"E, 46.67 feet along the north line of Parcel 1; Thence S17032'30"E, 110,00 feet; Thence S72027'30"W, 10.00 feet; Thence S17°32'30"E, 48.54 feet; . Thence S39°51'13"E, 99,66 feet; 7 Thence S53°26'07"E, 186.16 feet; a 13 4 ,.121%1 1e' o OF Page 1 of 2 �'��� S �y a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 iP www.iub.com Sewer Main Easement Rev. 7-28-16 1 -U -B COMPANIES I pROUp�H I-APPINO J•U•6 ENGINEERS, INC, Brighton continued.., Thence S34°07'06"W, 76.63 feet; Thence S89°36'48"W, 295.47 feet to the POINT OF BEGINNING. The above-described easement contains 0.48 acres, more or less. Prepared from information of record. Page 2 of 2 '11334 OF I�FL a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 u250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330f208-323-9336 wwwJub.com Sewer Main Easement Rev. 7-28-16 Exhibit A1.2 Point of Beginning N0,2 ,39"E 518.76' •35 Temporary Construction Easement 3413,80 Temporary Construction G 60 too SCALEINFEET Point of Beginning Temporary Construction Easement 2 Point of Beginning Sanitary Sewer Easement Point of Beginning Temporary Construction Easement 1 36 37'97 46 67 20,32' 517'32'30"E Easement 3 N36'35'1 5"W 106,42'1 W. rn N 0 z NW 1/16 i 25.00' E 1/4 � N89'57'17"E 31 w 0 M' 0 z z 53.52' 31/ 32 30 E Z m 110.00' S72'27'30"W 20.00' S72'27 2 \ 27'30"W S1 7'32'30"E 1 Q.00' ate, 48.54 Sanitary Sewer Easement F Temporary N Construction 765 60` M Easement 2 79 R S 1188,51' C—W 1/16 F9 -'O' -'I `'°""°!�5�'„� • N34 07 06 E� SS, RE°OpCUtKJir, h1UTIIE9Ei5 N.R OF.i(f,49NWf1'OflATm IKRR4 >Sp' ,� N89'36'4_8"E 28P/92' _ a� NW 114 of Section 31, T,3N„ R,1 E., PTS JS89'36'48"W PTE 295.47' 534'07'06"w ro �— a to 76.63' VE Ve y �� ti\ ro 1 S89'36'48"W 336.11' al Temporary Construction (0 m � Easement 1 cv OD fO to o 1188,51' C—W 1/16 F9 -'O' -'I `'°""°!�5�'„� • Meridian Black Cat Trunk SHEET RE°OpCUtKJir, h1UTIIE9Ei5 N.R OF.i(f,49NWf1'OflATm IKRR4 /�Oft411110Y:13, Ciof Meridian .T311 NW 114 of Section 31, T,3N„ R,1 E., of 1 J.U•G ENGINEERS,tr+c. City of Meridian, Ada County, Idaho "O REYWIOS RP V OV RhTE lJ�ST U?WTEU.Io�l i41 Sewer Main Easement Rev. 7-28-16 t"JUB � J -U-8 ENGINEERS, INC. LY 1 -U -B COMPANIES I LAAGOON M I N PPINO GROUP EXHIBITA-1.3 Access Easement Brighton Boundary Description Project Number 10-15-116 October 27, 2016 An easement situated in the northeast quarter of the northwest quarter of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows; Commencing at the west quarter-sectlon corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N89°57'17"E, 1188.51 feet along the south line of the northwest quarter to the center -west sixteenth -section corner and the southwest corner of Parcel 1- Murgoitio 18 of General Warranty Deed Instrument Number 2014-099401, records of Ada County, Idaho; Thence N0o°31'01"E, 1326.89 feet along the west line of the southeast quarter of the northwest quarter and Parcel 1 to the northwest sixteenth -section corner; Thence N00020'39"E, 196.58 feet along the west line of the northeast quarter of the northwest quarter and the boundary of Parcel 1 to the POINT OF BEGINNING; Thence continuing N00°20'39"E, 35.32 feet along the west line of the northeast quarter of the northwest quarter and the boundary of Parcel 1; Thence N82°3539"E, 37.97 feet along the north boundary of Parcel 1; Thence S36°35'15"E, 33,52 feet, Thence S17°32'30"E, 5.82 feet; Thence S82°3539"W, 60.10 feet parallel with and 35.00 feet from the north boundary of Parcel 1 to the POINT OF BEGINNING, The above-described easement contains 0.04 acres, more or less. Prepared from Information of record. Page 1 of 1 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208376-7330 /' 208-323-9336 IP wwwJub.com Sewer Main Easement Rev. 7-28-16 0 Is 30 SCALE IN FEET 36 E 1/4 31 Exhibit A-1.4 Point of Beginning 1yS2' 35' 39°� 518.76 37.97' �r �lr+ Permanent S _ rNn w Access ;'• Mcu; Easement L 60.1^0' S82!35 39'W N co w � r M O N O O Z NW 1/16 w N89'5i' 17"E 1188,51' C -W 1/16 \ Sanitary Sewer Easement b S17'32'30"E 5.82' b d a a LANA 1134 p 10/ AqQ 9TH OF SOF G, S. eN3EOFOM„T7q! EM1E 1q IFliB gniOHfW1 CC:SSEISJ.'FiltE)1fAi Meridian Black Cat Trunk SHEET RtS COGkI[}+i,AW RtELU9 AVO EEEIJ1NFtQ�PMATFO "EACH yyTpAy t,l015�i 18 AS AV P.9tRL}Itl1TgFPNgFEF9QYK FERt4f:R i15PftLWCN1Y 0- lk/ifOgEUE[D,t15'•tUl£OnPMi. gM1YNq/. M” ■, .Q Cityof Meridian JL2 ENONFER1,1nMi11i FThlAW O/HEAPfiOIEOt„ITFAUT RFE%Pi�35„P.ITIEN qE@4igY:IK v w I NW 1t4 of Section 31, T,3N., R.1 E„ City of Meridian, Ada County, Idaho AMpPo1A1KNgf J11! ENOWEEP6,tt CNECKEDgt: Vs[• /fir ^— 1-U-0 ENGINEER5, INC. 1 of 1♦Q nEV Oil Rfscn Xki nY 0 DAT6 LAST V?VAlE0.1,:5916 Sewer Main Easement Rev. 7-28-16 Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Temporary Construction Easement with James and Shanah Percy 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: December 6, 2016 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Sanitary Sewer Easement with James and Shanah Percy MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF ADA COUNTY RECORDER Christopher D. Rich 2016-119078 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 12/08/2016 01:22 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT THIS INDENTURE, made this. 6 day of D 6C�, 2016 between_ James J, PMand Shanah Percy, husband and wife, hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, hereinafter called the GRANTEE; WITNESSETH; WHEREAS, the GRANTORS are willing to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for an underground pipeline to be constructed by the GRANTEE; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: .6 LANITARYSEWER LEGAL EXHIBITS A-11 andA-L.2,� The easement hereby granted is for the purpose of construction and operation of a sewer line and access road and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer line, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures, However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, Sewer Main Easement Rev 10-10-16 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, or public pathway then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. This permanent access is identified and described along the permanent sewer easement. In addition, additional access is granted by the GRANTOR for the GRANTEE's access to and across the property and premises for the GRANTEE'S access to the permanent sewer easement. Such access points will be mutually approved by both parties. It is understood that seasonal access across or adjacent to the cultivated fields is preferred by the GRANTOR; however, if such unimproved access proves not travelable by the GRANTEE's maintenance vehicles, the GRANTOR shall allow the GRANTEE to construct such improvements to allow all weather access. If the GRANTORS utilization of the lands change, the GRANTOR hereby reserves the right to relocate the Easement upon the GRANTOR's property upon thirty days' prior written notice to GRANTEE. The parties then agree to execute, deliver and record an amendment to this document to evidence any such relocation. The GRANTOR shall maintain the access road, corridors and allied facilities along the permanent easement in an all-weather travelable condition. The GRANTORS recognize the GRANTEE's need for occasional and emergency maintenance activities to the sewer and associated allied facilities. In the event stored items encumber the GRANTEE's access to the sanitary sewer and sewer manholes the GRANTOR shall promptly move said items to allow full utilization to the GRANTEE'S of the permanent sewer and access easements identified herein. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sewer Main Easement Rev 10-10-16 GRANTORS: 9 Percy Address /'2 STATE OF IDAHO ) ) ss County of Ada ) On this oWk day of 4o'b, 20 Vo, before me, the undersigned, a Notary Public in and for said State, personally appeared James Percy, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that said individual executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist aaquaaj��n. ••.••5.�� WAN •., .• .000009. �Y'�s TAR), s+ NO RY PUBLIC FOR IDAHO S •�• *' _ Residing at: CcUalda-A� •• PUB00 � � Commission Expires: CI _ 1 '7 - Zo 21 STATE OF IDAHO ) ss County of Ada ) On this Z 4-h day of (9640b&- 201 L -v, before me, the undersigned, a Notary Public in and for said State, personally appeared Shanah Percy, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that said individual executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abgj4"a)g4,�� en. �••'��TAR Y ••. "": R6VARY PUBLIC FOR IDAHO zdop 0, = Residing at: P 1 •o.• PUB1,1 0.0.0.0 Commission Expires: �- i 7 ® Z®Z/ 4- Osseo* 0FSewer Main Easement .��' 9rE„' �•`��� Rev 10-10-16 GRANTEE: CITY OF MERIDIAN ,o nuc kr-10 'y`So1 t � 79r City Tammy de We Mayo w r `� 6RntfAATRoe Attest C. Ja Coles, City Clerk Approved By City Council On; W�((� STATE OF IDAHO, ) : ss County of Ada ) On this Z.o day of, 20, before me, the undersigned, a Notary Public in. and for said tate, personally appeared Tammy de Weerd and C. Jay Coles, 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) .`°®``'OFF–140 P,- VLY CJ S f A i S —A&tAjjaA' 'S AvA/, NOTARY PUBLIC FOR IDAHO Residing at; , JSP( &k&D Commission Expires: _91 n Sewer Main Easement Rev 10-1016 J•U-B ENGINEERS, INC. 1 -U -e COMPANIES is ITHZ LAN ORODON Q ( MVAC PIINO EXHIBIT A-1.1 Sanitary Sewer Easement Percy - West Boundary Description Project Number 10-15-116 August 25, 2016 An easement situated in the southeast quarter of the northeast quarter of Section 36, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the east quarter -section corner of Section 36, Township 3 North, Range 1 West, Boise Meridian; Thence N00037'51"E,1157.50 feet along the east line of the southeast quarter of the northeast quarter, Thence N89°29'47"W, 78.28 feet the west right-of-way line of S. Meridian Road (Hwy 69), the POINT OF BEGINNING: Thence S89°38'47"W, 57.47 feet; Thence N00°21'13"W, 25.00 feet; Thence N89038'47"E, 56.83 feet; Thence S01°49'29"E, 25.01 feet along the west right-of-way line of S. Meridian Road (Hwy 69) to the POINT OF BEGINNING. The above-described easement contains 0.03 acres, more or less. Prepared from information of record. Page 1 of 1 a 250 S, Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w wwwJub.com l— CJUB, J -U -B ENGINEERS, INC. J -U -B COMPANIES �� I ORaUPDH 0 I INAC PI+HO EXHIBIT A-1.1 Sanitary Sewer Easement Percy - East Boundary Description Project Number 10-15-116 August 25, 2016 An easement situated in the southwest quarter of the northwest quarter of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the west quarter -section corner of Section 31, Township 3 North, Range 1 East, Boise Meridian; Thence N00°37'51"E, 1157.50 feet along the west line of the southwest quarter of the northwest quarter; Thence S89°22'09"E, 77.34 feet to the east right-of-way line of S. Meridian Road (Hwy 69), the POINT OF BEGINNING: Thence NO3°54'08"E, 25.07 feet along the east right-of-way line of S. Meridian Road (Hwy 69); Thence N89°38'47"E, 889.55 feet; Thence N89°36'48"E, 217.91 feet to the east line of the southwest quarter of the northwest quarter; Thence S00°31'01"W, 25.00 feet along the east line of the southwest quarter of the northwest quarter; Thence S89°36'48"W, 217.53 feet; Thence S89°38'47"W, 891.41 feet to the POINT OF BEGINNING. The above-described easement contains 0.64 acres, more or less. Prepared from information of record. Page 1 of 1 a 25U S. BeeMW00f! Avenue, Suite Z01, 80ISe, ID 83709 p 2U8-376-7330 f 208-323-9336 W WWW.JUb,C2M �l Exhibit A-1.2 S00'37'42"W I 21.22' I N 89' 38' 47"E 138,57' Temporary 16.29 Line # Direction Construction L3 L1 S89'38'47"W Easementq — L2 N00'21'l3"W �I� I 00 Sewer �/a N89'38'47"E __ N89'29' _ _ _ - -Sanitary _ _ _ _ _Easement : 78,28' Point of Beginning NPermanent in Easementrn 140 23 � R 1- T/E -- T/E z > 0 25 50 SCALE IN FEET N89'38'47"E I 3 Point of Beginning I Temporary Easement W Line Table Line # Direction Length L1 S89'38'47"W 57.47' L2 N00'21'l3"W 25.00' L3 N89'38'47"E 56.83' 0 'v Q) IZ 36 REUSSOFDRAWWGS YIIE:IU•15.116 EAYEAIENI-A,4BITSREVISED THIS DOCUTAENr,PND THE MEASANO DESIGNS INCORPORATED HEREIR JUBPROJA-.10-13.116 �---- Meridian Black Cat Trunk SHEET AS AN INSTRUMENT OF PROFESSIONAL SERVICE, ISTHE PROPERTY OF �+ FORANYOTHERPROJECT ITT OTTODEUSED,INIYNOLEORFART. DRAWN BY:Tk ��� Percy - West AUTHOI OTHER PROJECT VJRHOUTTHEEXPRESSWftTREN DESIGNBY,7FIs 1 of 1 AUTHOAWTIONOFJUD ENGINEEAS,Mc. SE 1/4 of the NE 114, Section 36, T,3N., R,1W., CHECKED BY:7Asb 1 -U -B ENGINEERS, INC, City of Meridian, Ada County, Idaho. NO REVISION DESCRIPTION BY R ➢AT2S4U E LAST UPDATED; 91B --i CD 3 0 o Q m rt75 O m O O Moa ca Q m m Q• CDQ S. Meridian Rd (Hwy 69) m D ? P, ✓ 5. LO Ngo rn � N00'37'51 "E 1157,50' v 1 S 40 m ^ rn z ch Q: `o ro a w m ' mX, n oz m PRS O d0 ?� 0Mtn II Q Rf M m o ( co �� co co W Ivco co w m I w co m m moor a, w I lu' Im WI (A I I I I o0 U ( IW M o0 io N \ `) 3 0 ' Itt M Q f7 Q o m N3 g - O CD 0 Q O I o Q " N j ((:A CO C) cn Co O N o r C Q O� z ( I I h(D 0 I rn Ci 1� 10 41 I P, 00 00 M m �� %M J J L3 W L6 -t L9 w Cr D 0 D r m .i ■ Z N r -i r � cr" o PRS O d0 ?� 0Mtn II Q Rf M m o ( co �� co co W Ivco co w m I w co m m moor a, w I lu' Im WI (A I I I I o0 U ( IW M o0 io N \ `) 3 0 ' Itt M Q f7 Q o m N3 g - O CD 0 Q O I o Q " N j ((:A CO C) cn Co O N o r C Q O� z ( I I h(D 0 I rn Ci 1� 10 41 I P, 00 00 M m �� %M J J L3 W L6 -t L9 w Cr D rr cr❑ rw v m cr" r (D 0 0 0 o w ro 0 W o r W o V cr CO -P 0 00 -' 0 41 0 O 0 0 Co N 0 <❑ n 0 a ❑ v r*i m m i rri pm V rn N NC', N S N p OV p ,' c V p O W O ? V V ,P �❑ 5 PRS O d0 ?� 0Mtn II Q Rf M m o ( co �� co co W Ivco co w m I w co m m moor a, w I lu' Im WI (A I I I I o0 U ( IW M o0 io N \ `) 3 0 ' Itt M Q f7 Q o m N3 g - O CD 0 Q O I o Q " N j ((:A CO C) cn Co O N o r C Q O� z ( I I h(D 0 I rn Ci 1� 10 41 I P, 00 00 M m �� %M J J L3 W L6 -t L9 w Cr D Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: Permanent and Temporary Easement Contract for Black Cat Sewer Phase 5, Valley Storage, J.R. Simplot Co as Grantor 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 2017-040784 BOISE IDAHO Pgs=7 HEATHER LUTHER 05/08/2017 04:49 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER EASEMENT ZZ>14 THIS INDENTURE, made this day of between J. R. Simplot Company ("GRANTOR"), and the City of Meridian, Ada County, Idaho ("GRANTEE"); WITNESSETH: WHEREAS, GRANTOR will allow an underground sanitary sewer line to be installed underneath and across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer line will be an underground pipeline to be constructed by GRANTEE; and WHEREAS, it will be necessary for GRANTEE to maintain and service said underground sewer pipeline from time to time; NOW, THEREFORE, in consideration of the benefits to be received by GRANTOR, and for other good and valuable consideration, GRANTOR does hereby grant unto GRANTEE the following nonexclusive sanitary sewer easement on and under the following described property to provide for the installation, maintenance and service of an underground sanitary sewer line ("Sanitary Sewer Easement"): (SEE ATTACHED EXHIBIT A-2.1 and A-2.2) The Sanitary Sewer Easement hereby granted is for the purpose of construction and operation of an underground sewer line and allied facilities, together with their maintenance, repair and replacement. Any allied facilities installed within the Sanitary Sewer Easement shall be subterranean, shall be no more than 3 inches above the surface and shall not cover more than 3 square feet of surface area. The Sanitary Sewer Easement shall include the right of ingress and egress along the route of the Sanitary Sewer Easement for maintenance, repair and replacement of the underground sewer line. As matter of convenience, GRANTOR may, but is not obligated to, provide alternative routes for GRANTEE to access the Sanitary Sewer Easement. In the event GRANTOR, in GRANTOR's sole discretion, provides GRANTEE with alternative access to the Sanitary Sewer Easement, GRANTOR hereby reserves the right to relocate the alternate access at any time upon providing at least one hundred and twenty (120) days' prior written notice to GRANTEE. GRANTEE hereby agrees to indemnify GRANTOR from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from GRANTEE exercising the rights granted by GRANTOR herein. GRANTEE shall, and shall require its construction contractors to, acquire and maintain comprehensive general liability insurance with a combined single limit of not less than $1,000,000 and aggregate limits of not less than $2,000,000, and maintain workers compensation insurance in compliance with applicable law. GRANTEE shall, and shall require its construction SANITARY SEWER EASEMENT Page 1 of 7 contractors to, deliver certificates of insurance to GRANTOR evidencing the insurance required hereby prior to exercising any rights granted herein. GRANTEE shall pay, when due, all claims for labor and materials furnished, to, for or on behalf of GRANTEE that may be secured by any mechanic's or materialman's liens against any interest in GRANTOR's property, and shall promptly cause any liens that do attach to be discharged or bonded. GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, or plant any trees or large perennial shrubs, within the described easement area that would interfere with the use of said Sanitary Sewer Easement for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that GRANTEE shall be solely responsible for the repair and maintenance of the surface of the easement area. Additionally, after installing, making repairs, and performing maintenance and replacements to the sanitary sewer line, GRANTEE shall repair and restore the area of the Sanitary Sewer Easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring any permanent structures, trees or large perennial shrubs that GRANTOR has placed within the easement area in violation of this agreement. GRANTOR hereby covenants and agrees with GRANTEE that should any part of the Sanitary Sewer Easement hereby granted become part of, or lie within the boundaries of any public street, or public pathway, then the part of the Sanitary Sewer Easement which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. GRANTOR recognizes GRANTEE's need for occasional and emergency maintenance activities to the sewer line and associated allied facilities. In the event stored items encumber GRANTEES access to the sanitary sewer and sewer manholes GRANTOR shall promptly move said items to allow utilization to GRANTEE of the Sanitary Sewer Easement. GRANTEE may install temporary bollards around the sewer manholes to identify their location and to discourage parking thereupon. In the event any installed bollards interfere with GRANTOR'S operations, GRANTEE shall remove said bollards within 5 days of receiving written notice from GRANTOR. GRANTOR does hereby covenant with GRANTEE that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to grant said Sanitary Sewer Easement. The Sanitary Sewer Easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. In the event Grantee fails to complete the installation of the underground sanitary sewer pipeline on or before December 31, 2018, the Sanitary Sewer Easement shall terminate. In the event of such termination, GRANTEE hereby provides consent for GRANTOR to record a termination and release of this instrument in the official real property records of Ada County, Idaho. Upon the recording of said termination and release, the parties hereto shall have no further obligations to one another except for indemnification obligations or any other obligations which, by their terms, are intended to survive SANITARY SEWER EASEMENT Page 2 of 7 termination. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: J. R implot Compa w B David Spurling, Senior ice President a Secretary Secretary Address STATE OF IDAHO ) . ss. County of Ada ) On this day of , L , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared David Spurling, known or identified to me to be the Senior Vice President and Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. USA . THOMAS (SEW, 1 NOTARY PUBLIC FOR IDAHO IDAH Residing at: Commission Expires: O0PSV,D AUCtIS rl... la 4USS � h� ti City OI ` E i �n�,tttr a. a Atte by Cit Jerk Approved By City Council On: SANITARY SEWER EASEMENT Page 3 of 7 STATE OF IDAHO, ) : ss County of Ada ) On this day of 1) 66e,19 604' , 20 1 (0 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, 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):4, I©A��, NOTARY PUBLIC FOR IDAHO a Residing at: %+ Commission Expires:— —� so i,`��y � f • SANITARY SEWER EASEMENT Page 4 of 7 :B'k J•U•B ENGINEERS, INC. AY J -U -B COMMINIES I GROUP NAPPING EXHIBIT A2.1 Sanitary Sewer Easement Simplot Boundary Description Project Number 10-15-116 November 15, 2016 An easement situated in the west half of the southwest quarter (Government Lots 3 & 4) of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being varying widths on each side of the following described courses: Commencing at the west quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence 589°45'40"E, 80.01 feet along the north line of the west half of the southwest quarter to the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence S01°03'06"W, 308.60 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence SO4°39'32"E, 7.06 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69) to the POINT OF BEGINNING: The width of the easement being 28.00 feet, 10.00 feet left (northeasterly) and 18.00 feet right (southwesterly) of the following six courses: Thence S32°42'44"E, 417.94 feet; Thence S44°47'38"E, 254.83 feet; Thence S35°25'27"E, 338.83 feet; Thence S27°30'10"E, 206.80 feet; Thence S22"33'24"E, 169.87 feet; Thence S03°02'28"E, 401.26 feet; The width of the easement being 36.00 feet, 18.00 feet left (southerly) and 18.00 feet right (northerly) of the following course: Thence 586°49'25"W, 66.59 feet; The width of the easement being 28.00 feet, 18.00 feet left (easterly) and 10.00 feet right (westerly) of the following two courses: Thence S05°11'08"W, 403.23 feet; yam, OF < Page 1 of 2 ���FC S a 250 S. Beechwood Avenue Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 1v www.jub.com SANITARY SEWER EASEMENT Page 5 of 7 J-u•B ENGINEERS, INC. Simplot continued... Thence SO4°00'13"E, 362.40 feet, more or less, to the northerly right-of-way line of E. Amity Rd., the POINT OF ENDING. The above described easement contains 1,68 acres, more or less, The sidelines of the above described easement shall extend or contract to form a closed figure and to close upon the right-of-way lines at the POINT OF BEGINNING and at the POINT OF ENDING. Prepared from information of record. s. Page 2 of 2 �ygEC S 0l a 250 S. Beechwood Avenue Suite 201 Boise, ID 83709 p 208-376-7330 / 208-323-9336 w www,jub.com SANITARY SEWER EASEMENT Page 6 of 7 i U f31_nI�IPA�IIC� TNN ,� (LANGOON MAPPING IM j GATEWAY GROUP INC. J-u•B ENGINEERS, INC. Simplot continued... Thence SO4°00'13"E, 362.40 feet, more or less, to the northerly right-of-way line of E. Amity Rd., the POINT OF ENDING. The above described easement contains 1,68 acres, more or less, The sidelines of the above described easement shall extend or contract to form a closed figure and to close upon the right-of-way lines at the POINT OF BEGINNING and at the POINT OF ENDING. Prepared from information of record. s. Page 2 of 2 �ygEC S 0l a 250 S. Beechwood Avenue Suite 201 Boise, ID 83709 p 208-376-7330 / 208-323-9336 w www,jub.com SANITARY SEWER EASEMENT Page 6 of 7 N o -89'45'40"E 80.01 -- - Exhibit ori olio L---------------- - - -— N SO4'39'32"E ul — Point of Beginning Temporary 7.06' ,,—Construction, \ Ea ement \ 32'42'44"E Y o I 300 \�� 417.94' ' l SCALE IN FEET I � ;o 1 S44'47'38"E \ \ 254.83' \\ i � II S3S25'27"E (DI 338.83' \ = 1 I !t I 1 Permanent -ewer \\ Easement \ m I i S27'30'10"E \� 206.80' \ S22'33'241 I 503'02'28"E �I I I 401.26' {�I S86'49'25"VV -\_ c? 66.59' I I S05-1 1-08"W 1i'a o'- 403.23' I J I IIIA --28' I i 10' —I A'j i 504'00'13"E w I 362.40' Temporary I a 14 Construction Easement I Point of Ending 25 3 36 31 — — — — E. Amity Rd. Meridian Black Cat Trunk I SHEET NUB 1 of 1 I T.P,x, ��,n >. Cit of Meridian _11V' 8'I lc. 1/2 SW 1/4 of Section 30, T3N., R,1 E., B.M., ),U�B ENGINEERS, INC. City of Meridian, Ada County, Idaho PtY`N BV PR (�AtE LASt Uiv>iFn.,r;rRL6rf SANITARY SEWER EASEMENT Page 7 of 7 TEMPORARY CONSTRUCTION EASEMENT ZCAI THIS INDENTURE, made this day of 241.6 between J. R. Simplot Company ("GRANTOR"), and the City of Meridian ("GRANT E"); WITNESSETH: WHEREAS, GRANTOR will provide GRANTEE with a sanitary sewer easement on even date herewith; and WHEREAS, the Sanitary Sewer Easement provides for an underground pipeline to be constructed by GRANTEE; and WHEREAS, during GRANTEE'S initial construction of the underground pipeline, GRANTEE may need to temporarily occupy land outside the area provided under the Sanitary Sewer Easement to store and stage materials to be used during construction; and WHEREAS, during GRANTEE's initial construction of the underground pipeline, GRANTEE wants to use a temporary access to allow for materials and equipment to access the route for installing the underground pipeline. NOW, THEREFORE, in consideration of the benefits to be received by GRANTOR, and other good and valuable consideration, GRANTOR does hereby give, grant unto GRANTEE the temporary use of the following described real property ("Temporary Construction Easement"): (SEE ATTACHED EXHIBIT A.1.1 and A.1.2.) The Temporary Construction Easement hereby granted is for the purpose of constructing an underground sewer pipeline and related incidental work and storage of materials related to such construction. The termination of the Temporary Construction Easement shall expire 30 days after the installation and final acceptance of said sewer line and related appurtenances by GRANTEE or on December 31, 2018, whichever occurs first. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer line and related appurtenances, but no later than December 31, 2018, GRANTEE shall restore the area of the Temporary Construction Easement and adjacent property to that existent prior to undertaking such construction with exception of incidental facilities constructed by GRANTEE including temporary gravel storage pads or roadway improvements. GRANTEE shall also be responsible for repairing, replacing or restoring anything damaged on the aforementioned and described tract of land. TEMPORARY CONSTRUCTION EASEMENT Page 1 of 6 GRANTEE hereby agrees to indemnify GRANTOR from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from GRANTEE exercising the rights granted by GRANTOR herein. GRANTEE shall, and shall require its construction contractors to, acquire and maintain comprehensive general liability insurance with a combined single limit of not less than $1,000,000 and aggregate limits of not less than $2,000,000, and maintain workers compensation insurance in compliance with applicable law. GRANTEE shall, and shall require its construction contractors to, deliver certificates of insurance to GRANTOR evidencing the insurance required hereby prior to exercising any rights granted herein. GRANTEE shall pay, when due, all claims for labor and materials furnished, to, for or on behalf of GRANTEE that may be secured by any mechanic's or materialman's liens against any interest in the subject aforementioned and described tract of land, and shall promptly cause any liens that do attach to be discharged or bonded. GRANTOR does hereby covenant with GRANTEE that GRANTOR is lawfully seized and possessed of the aforementioned and described tract of land, and that GRANTOR has a good and lawful right to grant said temporary construction easement. The Temporary Construction Easement is subject to all prior easements and encumbrances of record or apparent upon the aforementioned and described tract of land. This Temporary Construction Easement shall not be recorded. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: J. R. 'm lot Company B David Spurling, Senior Vi President and Secretary I GRANTEE: CITY OF MERIDIAN �PxBD A UCLs Tammy de , ayor ��° T, City of Er{IDIANk in�wo Att9st by y Clerk � SEAL 1�/ ��Co T� �A Approved By City Council On: P K,. ��� ��"S�¢ TEMPORARY CONSTRUCTION EASEMENT Page 2 of 6 JUB I J•U•B ENGINEERS, INC. PI THE 1 GATEWAY IUB COMP! JIB LANGGON NAPPING 4 1 onoul j INC. EXHIBIT A1.1 Temporary Construction Easement Simplot Boundary Description Project Number 10-15-116 November 15, 2016 Two easements situated in the west half of the southwest quarter (Government Lots 3 & 4) of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Easement 1 Commencing at the west quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S89°45'40"E, 80.01 feet along the north line of the west half of the southwest quarter to the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence S01°03'06"W, 25.00 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69) to the south boundary of Rumple Lane, the POINT OF BEGINNING: Thence S89°45'40"E, 60.01 feet along the south boundary of Rumple Lane; Thence S01°03'06"W, 145.01 feet parallel with and 60 feet from the easterly right-of-way line of S. Meridian Rd.; Thence S89°45'40"E, 823.05 feet parallel with and 170 feet from the north line of the west half of the southwest quarter; Thence S00°29'38"W, 454.00 feet parallel with and 192 feet from the east line of the west half of the southwest quarter; Thence N89°45'40"W, 352.00 feet parallel with and 624 feet from the north line of the west half of the southwest quarter; Thence S00°29'38"W, 118.31 feet parallel with and 544 feet from the east line of the west half of the southwest quarter; Thence S35°25'27"E, 363.20 feet; Thence S27°30'10"E, 33,21 feet; Thence S62°29'50"W, 75.00 feet; Thence S27°30'10"E, 188.33 feet; Page 1 of 3 a 250 S Beechwood Avenue, Suite 201 Boise ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com TEMPORARY CONSTRUCTION EASEMENT Page 3 of 6 J U -B J•U•B ENGINEERS, INC. Simplot continued... Thence S22°33'24"E, 188.15 feet; Thence S03°02'28"E, 508.68 feet; Thence S86°49'25"W, 146.85 feet; Thence N05°11'08"E, 75.81 feet; Thence N86°49'25"E, 61.00 feet; Thence NO3°02'28"W, 420.96 feet; Thence N22°33'24"W, 172.02 feet; Thence N27°30'10"W, 207.92 feet; Thence N35°25'27"W, 340.34 feet; Thence N44°47'38"W, 254.59 feet; TH GATEWAY J -U -b CONIPANIES a, L LANOOON MAPPING .:...K' GROUP INC. Thence N32°42'44"W, 433.10 feet to the easterly right-of-way line of S. Meridian Rd. (SH 69); Thence N01°03'06"E, 271.58 feet along the easterly right-of-way line of S. Meridian Rd. (SH 69) to the POINT OF BEGINNING. The above-described easement contains 12.50 acres, more or less. Easement 2 Commencing at the west quarter -section corner of Section 30, Township 3 North, Range 1 East, Boise Meridian; Thence S14°48'22"E, 2722.90 feet along a random line to the northerly right-of-way line of E. Amity Rd., the POINT OF BEGINNING; Thence N04°00'13"W, 363.49 feet; Thence N05°11'08"E, 491.56 feet; Thence N86°49'25"E, 121.05 feet; Thence 503°02'28"E, 75.00 feet;, Z", Thence S86°49'25"W, 56.10 feet; 'r. Page 2 of 3 a 250 S. Beechwood Avenue Suite 201 Boise ID 83709 p 208-376.7330 f 208-323-9336 11, www.jub.com TEMPORARY CONSTRUCTION EASEMENT Page 4 of 6 u -e J•U•B ENGINEERS, INC. Simplot continued... Thence S05°11'08"W, 420.76 feet; `� j THE GATEWAY 'U'fj COWIIINIFS �` LA GOON MAPPINO GROUP INC. Thence SO4°00'13"E, 362.53 feet to the northerly right-of-way line of E. Amity Rd.; Thence S89°51'41"W, 75.17 feet along the northerly right-of-way line of E. Amity Rd. to the POINT OF BEGINNING. The above-described parcel contains 1.56 acres, more or less. Prepared from information of record. LA n Page 3 of 3 a 250 S. Beechwood Avenue Suite 201 Boise, ID 83709 p 208-376-7330 /'208-323-9336 1v www.lub.com TEMPORARY CONSTRUCTION EASEMENT Page 5 of 6 Lf 0 f Point of Beginning 1 L1 1.3 --so' i f� - - - - - - - - - - -L5- - - - - - - ( t (emporary 'v ' Construction coo Easement 1 LO I �\Y J \ �\ ,cc 1.7 J 544'----- 0 —O 1 + i Per manent/ I J I Sewer \ < < Easement c \\ m l 1'� 1f c -;m i 75' I I III I I f I�Ir �, I f il0) k L28 11 L27✓�L29�) r a ' I L17r L15 t � if L16 04 , I , J' I r I `on III f iIi Temporary Construction--_`` Easement 2 25 3(_ 36 331 E. Amity Rd. ~C Point of Beginning 2 Line Table Line b Direction Length Lt 589'45'40"E SO.0 i' L2 �;Oro3'O6"W 25.00' ----L3 589'45'40"E 60.01' L4 SU 1'U3'OE"V1 145.01' 1-5 589'45'40"E 823 05'! 1-6 S00"29'38"4/ 454.00' L7 N89'45' 40"V/ 352.00- L8 SoW29'.ir/1 118.31' --------- 1..9 ---------- S35'25'27"E 363.20' UO 52?'30'10"E 33.21' 562'29'50"V/ 75.00' _Lit L12 S27'3D'10'E 188.33' L13 522'33'24"E 188.15' L14 503'02'28"E 508_68' L15 58'0 49'25"W 146.85' L16 N05'I 1'08"E 75,81' L17 N86'49'25"E 61,00' U8 NO3'02'28'W 420.96' L19 N22'33'24`W 172.02' L20 N27'3D'10"W 207.92' L21 N35'2527"VI 340.34' L22 N44'47'38'N 254,59' L2.3 N32'42'44"W 433.10' L24 NO 1403'O6'E 271,58' L25 N04'UO'13"VI 363.49' L26 NO:i 11'08"E 491.56' — 127 N86'49'25"E 121.05' L28 ;03'02'28"E 75.00' 1.29 L30 L3' 586'49'25"N S05'I1'08'W .56.10' 420.76' 304-00-1 V'E 362.53' L32 S89'51'41'W 75.17' Exhibit A1.2 "N' f 0 150 300 I SCALE IN FEET Meridian Black Cat Trunk I SHEET City of Meridian The W 1/2 SW 1/4 of Section 30, T3N., R.1 E., B.M., 1 of 1 J -U -B ENGINEERS, INC. City of Meridian, Ada County, Idaho TEMPORARY CONSTRUCTION EASEMENT Page 6 of 6 Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Tag Line Services Agreement for Consulting Services to Determine Future Staffing Needs for the Not to Exceed amount of $9,750.00 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 SERVICES AGREEMENT � This Services Agreement (this "Agreement") is made as of this I j - day of W , 2016, between Tag Line, LLC, an Idaho limited liability company with an address at 313 N. Storybook Way, Eagle, Idaho 83616 ("Company"), and The City of Meridian, an Idaho Municipal Corporation with an address at Meridian Police Department, 1401 E. Watertower Street Meridian Idaho 83642 ("Customer" and together with Company, the "Parties"). WHEREAS, Company provides consulting services and is willing to provide the services set forth on Annex A to this Agreement and incorporated herein (the "Services"); and WHEREAS, Customer is willing to purchase the Services from Company on the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Company agrees to provide the Services. In consideration of the Services, Customer agrees to pay Company the fees set forth on Annex A to this Agreement and incorporated herein. 2. Unless otherwise indicated on Annex A, Customer shall pay the amounts agreed to herein within 30 days of receipt of invoices. 3. The term of this Agreement shall commence on the day of 2016, and shall continue in full force and effect until the Services are completed and all amounts due to Company are paid by Customer, or earlier upon the occurrence of: (i) termination by Company on not less than 30 days prior written notice to Customer; or (ii) termination by Customer on not less than 10 days prior written notice to Company. 4. The termination of this Agreement shall not relieve the Parties of any liabilities, obligations, expenses or charges accruing up to the date of termination, and all rights accruing to either Party up to the date of termination shall also remain in full force and effect. Either Party (the "non -defaulting party") may terminate this Agreement immediately upon written notice to the other Party (the "defaulting party") in the event the defaulting party fails to cure or diligently proceed to cure any failure to perform any material term or provision of this Agreement within five (5) days after written notice of such non- performance is given by the non -defaulting party. 5. Customer warrants that it owns all right, title, and interest in and to any information, data, or materials furnished to Company hereunder. Company may only use or disclose to any person, firm or corporation, for any purpose whatsoever, any information, data, or materials furnished under this Agreement to the extent (a) expressly approved in writing by Customer or (b) Company is legally compelled to disclose such information, data, or materials. 6. Company warrants that Company's performance of the Services do not and shall not violate any applicable law, rule, or regulation; any contracts with third parties; or any third -party rights in any patent, trademark, copyright, trade secret, or similar right, Company makes no other warranties, whether express, oral, or implied, including WITHOUT LIMITATION WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. 7. Customer, to the extent allowed by law, shall indemnify and hold Company harmless from any and all liability for demands, claims, suits, fines, penalties, and/or other damages, including reasonable attorneys' fees, costs and expenses incident thereto, in respect of: (i) the inaccuracy of any information, data, or material provided to Company by Customer; (ii) any acts or omissions of the Customer which violates any Federal, State, local, and/or other laws; and (iii) Customer's negligent performance of its obligations under this Agreement. In the event that any claim, suit or proceeding is brought against Company, it shall give notice in writing to Customer by mail at its address on file with Company. The provisions of this paragraph 7 will survive the termination or expiration of this Agreement. 8. Each Party hereto agrees to comply with all applicable rules, regulations and laws of any governmental body relating to the performance of its obligations under this Agreement, including but not limited to all applicable rules, regulations and laws of any federal, state, or local agency. 9. Except as expressly permitted herein, neither Party may assign any rights, or delegate any duties, under this Agreement without first obtaining written consent from the other Party, which shall not be unreasonably withheld. Any permitted assignment hereunder will be binding upon assigns or successors, as the case may be. 10. Both Parties will be excused from, and not be liable with respect to, any failure of its performance hereunder, other than any failure to make payments of undisputed amounts owed, to the extent due to causes beyond its reasonable control and without its fault or negligence; provided, however, that the excused Party will exercise its best efforts to the extent reasonably practicable, to minimize the effect of such circumstances, and, in the interim, to provide such services as may be safely and practically performed hereunder. The Party invoking this section shall provide as much advance notice to the other Party as reasonably possible. 2 11. Failure of either Party to insist upon strict performance of any of the terms and conditions herein shall not be deemed a waiver of any rights or remedies that either Party shall have and shall not be deemed a waiver of any subsequent default of the terms and conditions hereof. No waiver by either Party of any default or breach by the other Party of any provision of this Agreement will operate as or be deemed a waiver of any subsequent default or breach. 12. Any provision that by its terms survives the termination of this Agreement will continue in full force and effect thereafter as provided herein. Paragraphs 6, and 7 herein shall remain in effect with respect to any occurrence or claim arising prior to the termination of this Agreement in connection with either Party's performance under this Agreement. 13. The provisions of this Agreement will inure to the benefit of and will be binding upon the Parties and their respective successors and permitted assigns. 14. This Agreement shall be governed by and construed in accordance with the laws of the Stale of Idaho without regard to the choice of law provisions thereof. 15. Notices given hereunder shall be in writing and shall be deemed to have been given and delivered when hand delivered or three (3) days after such notice is deposited with a recognized express shipping company, postage prepaid and addressed, to the respective Party: If to Company: Tag Line, LLC 313 N. Storybook Way Eagle, Idaho 83616 Attn: Amy Aaron And if to Customer: Meridian Police Department 1401 E. Watertower Street Meridian, Idaho 83642 Attn: or to such other address as the respective Parties hereto shall from time to time designate by notice to the other Party. 16. The terms conditions and provisions of this Agreement, together with the annex attached hereto and by this reference made a part of this Agreement, constitute the entire agreement between the Parties hereto and shall supersede all previous communications, representations, or agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. IN WITNESSWHEREOF, the Parties hereto have executed this Services Agreement, as of the date first written above. COMPANY: TAG LINE, LLC By: Ault Name: �,. 1 U�� A a-) i Title: CUSTOMER: CITY OF MERIDIAN By: _ Mayor T in y de Weer 2 ANNEX A T4 SERVICES AGREEMENT C49 Scope of Work for meridian Police Departn-ent Police Resource ,final)sis 10 April 5, 2016 C ai: To analyze and determine staffing needs based upon actual workload demand and Meridian Police Department's {MPD) mission to provide high quality service in partnership with the community. This resource analysis will review patrol and Analytical Services teams including: k,Vorklnad Evaluation We gill analyze MPD workload to assess changes in police activity, data entry and analysis and customer requests over the past five years and estimate future needs. Data analyzed will include, at a minimum: _izen calls for service distribution by hour, day and month - peak call times may require additional staffing nature of the calls - types of police work required can vary by area and require different staffing time spent on calls from initial respcnse to clearing the scene to final report (if available) r Officer -initiated activity distribution by hour, day and month nature of the activities time spent on these activities (if available) Data entry, analysis and customer requests • process map identifying work flow by type, quantity and functional area nature of the reports and activities (N18RS data entry, officer request, public information, etc.) • time spent on these activities (if available) i MPD's shift -relief factor for patrol and analytical services staff based on Net Annual Work Hours > Community changes in Meridian — residential, business and traffic Personr--1 Allocation N.jodeis We will research different staffing and resource allocation models that are non-proprietary an: avpropriate fcr patrol such as the National highway Traffic Safety Administration's Personnel Allocation Model (PAM) for Law Enforcement and any others you would like included_ Each model will be evaluated on ease of use, effectiveness, availability of MPD data and fit with the department's goals. taffinia Reccirnmendations We will provide staffing estimates based on the workload evaluation and allocation model research. Staffing recommendations will consider MPD's performance objectives for policing and customer service such as response time goals for citizen calls and information requests, the amount of time an officer should devote to calls for service versus other activities, percentage of Priority 1 calls where at least one officer is available and other services for Meridian neighborhoods, businesses and roadways. The analysis will make recommendations for additional resource needs or relocation (by time and location), and detect trends in workload to illustrate changing activity levels and conditions for best population growth predictors. �,ve will provide: '%Vhat �ve nerd from you Research, analysis and process mapping Aggregate data on citizen calls for service, officer - Summary report of the full resource evaluation initiated activity, analytical services and time with an executive summary of key findings and management in Excel or similar format for Jan recommended model for continuing use 2011— Feb 2016 Presentation of methods and results to an Shift schedule, RD map, minimum manning and audience of your choice, if desired other summary data for fan 2011— Feb 2016 Cost.- $9,750.00 Other information as needed 5 Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed approved budget amount of $272,000.00. MEETING NOTES chi Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: E-MAILED TO STAFF Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Karie Glenn Date: 11/30/2016 Re: December 6 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 6 th City Council Consent Agenda for Council’s consideration. Award of Agreement Renewal for “UTILITY BILLING CUSTOMER SERVICES” to Billing Document Specialists for the Not-To-Exceed approved budget amount of $272,000.00. Recommended Council Action: Approval of Agreement Renewal on a unit price basis for the Not-To-Exceed budget amount of $272,000.00. Thank you for your consideration. City of Meridian Purchasing Dept. 1 Pa g e 1 CUSTOMER SERVICE AGREEMENT RENEWAL with City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, located at 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho and City of Meridian, hereafter referred to as CLIENT. This agreement shall be subject to the following outlined, terms and conditions: Summary of Services: Statement Processing First Page 0.18 each Includes print, fold & Insert, # 10 Double window & tinted # 9 return envelope Additional Pages 0.13 each Merged like names or names & addresses to save postage up to 7 pages per envelope Manual Files 0.21 each merged mailings over 7 pages to flat envelopes fast forwarding 5.50 - 7.50 Per Data File UPSP NCOA moved address changes, including update reports and opt out options. Cost depending on file size Postage 0.38 each average USPS postage at cost for all mailings Lockbox Services: Postings 0.095 per transaction Receive mail, open, scan, post to the web, electronically deposit funds and create import file to A/R Web postings 0.01 each Post pdf images of the billing statements to the BDS 2 Pa g e 2 Admin Web site / on line payment site. On line bank check 0.15 per transaction Set up programming with each processor to receive data files of transactions, previously received as paper checks, processor then ACH deposits the fund direct to the Bank. Shredding 10.00 month BDS has all checks and documents shredded per regulations. P O Box Rental at cost 6 month rental on UPSP P O Box for receipt of payments Maintenance 150.00 month Maintenance for on line web and OTC payment solutions. Processor Fees Nxgen / Authorized.net will invoice the City direct to all processing fees for Credit Cards. Profit Stars / Jack Henry Associates will bill the City direct for all check processing fees. BDS will be the direct customer service link to these processors. BILL INS99CLIMENT SPECIALISTS 71nboundp with Credit Card N/C N/C phone payments BDS will program a dedicated phone number for Client's customers to call Inbound ( VPS ) to check balances, leave messages and or make credit card payments. This Per call for balances and messaging is a touch and voice activated system. Import files and posting of payment without payment transactions $0.25 $0.25 to the Admin Web Site details by customer search and reporting the same as all other payment services. Per call payment transaction $35 $35 Some Client are passing on the per transaction fee to the customers, BDS advised the user that the fee will apply and totals the amount due. The fees are separated from the payments in the import file so that only the amount due is post to the account. LOCKBOX SERVICES: BDS agrees that there are no changes in the lockbox services from the previously dated contracts for the period of this agreement. This agreement is subject to the terms and conditions of the original agreement dated 10/01/2006. By signing below the Client will accept the extension of the services as detailed for the next fiscal year October 1, 2016 to September 30, 2017 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: City of Meridian Signature Date, Please Type or Print Authorizing Pai tyFName Acceptance for: Billing Document Specialists Signature Date: 10/20/2016 A\ , . wt�; PRODUCTS R SRRNICES MiGo Wmano. 3 "J fip14."wt�='fir *. r: ; Wr -. Bos -7 BIL[INBOaLYINENlSPECdUSTS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this f day of 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (by and through its Utility Billing Office), hereinafter referred to as "CITY", and Valli Information Systems, Inc doing business as Billing Document Specialists, hereinafter referred to as "BDS", 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho. 12-9 D16 I F -i *11 1. Whereas, the City of Meridian provides utility billing services for water, sewer, and garbage services; and, 2. Whereas, the City desires to facilitate the provision of those services by utilizing the professional services of BDS; and, 3. Whereas, the City and BDS have agreed upon the terms and conditions under which BDS will provide timely and accurate billing processing services at a fair and reasonable price. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services: BDS shall perform all services, and comply in all respects, as specified in the document titled "Utility Billing Lockbox Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreements all become effective upon execution by both parties, and shall expire on ge 2007 unless earlier terminated or extended. Indemnification and Insurance: a. Indemnification. BDS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury 1 ENS" 6/11INN DOCUMENT SPECIAL /STS to persons or property and losses and expenses caused or incurred by BDS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. b. Insurance. BDS 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 amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, BDS covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, BDS shall maintain Workers Compensation Insurance, in the statutury limits as required by law. C. Certificate of Insurance. BDS shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing BDS's compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, BDS shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho, Boise, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, BDS shall be acting as an independent contractor, and neither BDS nor any officer, employee or agent of BDS will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: For performing the services specified herein, CITY agrees to pay BDS as described in Exhibit "A." 6. Method of Payment: BDS will invoice the City of Meridian Accounting Department at 33 East Idaho, Meridian, ID 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. i�"•^Y-7,..J,;��� _ r,,,,r°'At1'�"�j�4;.a"ate Bos -1 OILNH BOcawEvrsaIcia/STS 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 of Meridian 33 E. Idaho Street Meridian, Idaho 83642 BILLING DOCUMENT SPECIALISTS 915 Main Street, Suite 300 Caldwell, Idaho 83605 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. 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 BDS 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. 3 RUN DZYMENT SPECIALISTS 11. Discrimination Prohibited: In performing the Services required herein, BDS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 13. 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 BDS's records with respect to all matters covered by this Agreement. BDS 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 services required hereunder, BDS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes. The City may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of BDS's compensation, which are mutually agreed upon by and between the CITY and BDS, shall be incorporated in written amendments to this Agreement. 17. Termination. If, through any cause, BDS, 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, 2 . ^ 'R"�'.'�r �.�;k'la�;4'!}rk,�lrr�' rY'''.'C'�'A" figs" 8/11/M6D000MENT SPECIALISTS 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 BDS of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. BDS may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by BDS under this Agreement shall, at the option of the CITY, become its property, and BDS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, BDS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by BDS, and the City may withhold any payments to BDS for the purposes of set-off until such time as the exact amount of damages due the CITY from BDS is determined. This provision shall survive the termination of this agreement and shall not relieve BDS of its liability to the CITY for damages. 18. 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. 19. 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. 20. 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. 21. Approval Required. This Agreement shall not become effective or binding until approved by the City of Meridian. 5 i _ .-"7""}`�'� .. .. �`�'�' .. •, N� 4t •�� �k �a.�f'N^° t ' �t1�+'�1�¢�E4'?Pk`M {yu36,M,.0 �`�y' EDS" HV IN6000UMENT SPECIALISTS VALLI INFORMATION SYSTEMS, INC dba BILLING DOCUMENT SPECIALISTS 44-z'-- •: • PRESIDENT CITY OF MERIDIAN O� ,ode Attest: WILLIAM G. BERG, `uLll'11 f'�` /lhr►rmilliO,`• Ixy MAYOR r, u Utility Billing Lockbox Scope of Services Exhibit A Summary of Services A. BDS shall provide lockbox mail collection services, including timely deposits and efficient processing of remittances for the City's utility payments. B. BAS shall provide daily electronic transfer, including: a. Transmit a data file transfer to City by 5 pm on each banking day. b. Return all payments and stubs relating to exceptions to the City. C. Payments shall be transferred by electronic file. C. BDS shall collect incoming mail from the Post Office Box in Caldwell specified by City the morning of each banking day. D. BDS shall open envelopes, remove and inspect the enclosures, match check amounts to invoices, batch and process payment with exceptions batched and processed separately. Exceptions shall be scanned and sent back to City and all money shall be deposited to bank in separate deposit. E. BDS shall scan all processed checks and payment coupons, scan all documents, and house them on vendor server. The City of Meridian shall have access to scanned documents via a secure web site and access to deposit slips and the remit report via e-mail by 5 p.m. on the same business day as the pickup of payments. Other non -transaction input documents, deposit slips, unmatched input documents, correspondence etc shall be forwarded to the City by noon of the day following the transmission of the reports. F. BDS shall deposit all receipts daily by Spm on the same banking day as received, to the bank account specified by the City. If the specified bank has ACH capability, BDS will work with them to transmit deposits electronically. 2. System Specifications for Electronic Transfers A. Capability to transmit data files to City in fixed record length ASCII text format. Transmission deadline shall be no later than 5 pm for the same day's transactions. The City is responsible for notifying BDS if the file is not received. Utility Billing Lockbox Scope of Services - Page 1 of 4 B. Notify Utility Billing per e-mail by 5 p.m. when files are transmitted and ready for processing by the City. C. Entire transmission process shall take no longer than 1 hour each, per day, including notifications to City. D. There shall be no differentiation between handling of delinquent accounts and regular payments. E. The following are the data requirements for the lockbox vendor for each payment received: a. Utility Billing Account Number b. Dollar amount remitted for this account number C. Date input d. Bill to name e. Identification of any name or address changes f. Dollar amount of invoice F. Batch Identification. Clearly label each bundle of source documents whether payments or exceptions to identify: a. Unique ID number b. Total dollar amount of each batch C. Total number of items in each batch G. Daily Reports. A daily printed or electronic report showing the following items: a. Utility Billing account number b. Bill to name C. Dollar amount remitted to the corresponding account number d. Batch totals together with batch ID e. Grand total of all accounts remitted balanced to the total of all related invoices f. Any customer notations or comments on the return stub to be returned to the City. H. DDS shall provide proof of redundancy in equipment and personnel and contingency plans to provide uninterrupted service. I. Mail Processing. Mail shall be retrieved Monday through Friday at 8 am. Saturday mail to be retrieved at Monday pick-up. Holiday mail to be handled on the next business day. Utility Billing Lockbox Scope of Services - Page 2 of 4 J. Staffing. Adequate staff shall be on hand and cross trained to accommodate varying workload for lock box service. Within the 3 divisions that make up Valli Information Systems, Inc., dba BDS there shall be significant number of personnel maintained with experience in bookkeeping and/or accounting. All of these personnel shall be cross - trained in the correct procedures for working with the City of Meridian lockbox project. Necessary staff shall be configured on a daily basis depending upon the volume of mail/receipts received. A 3 -person processing team shall always be involved, as well as a supervisor. This shall provide the necessary personnel to maintain appropriate security at all times. K. Currency and coin control. In the event that cash is received, it shall be posted in a log when the envelope is opened; with a secondary initial signifying that cash amount noted is correct. A copy of the log shall be mailed electronically to City of Meridian along with the deposit slip copies in the afternoon. 3. Payment Processing A. Three positions shall be employed by BDS to assure dual control. Position I shall open envelopes and run tapes on checks in multiples of 95- 100. Position II shall be responsible for scanning and posting checks to appropriate customer accounts, assuring that totals on tapes match batch totals. Position III shall prepare deposit slips, assuring balance to tapes and daily batch reports, take deposits to bank, scan bank receipt to be sent with data transfer, and send reports to the City of Meridian. B. The main 3 positions shall be as noted above. If an exception item is found in an existing batch (example: an online payment with an incorrect account number), the item shall be noted on the tape with an "E" and the total on the tape corrected. The documents shall also require initials of the person that pulled the item as an exception item and their supervisor. This will provide a documentation trail and shall preserve the integrity of dual cuntrul. Daily balance reports shall be e-mailed prior to 5pai to confirm deposit amounts. Deposit slips and bank receipts shall be scanned and e- mailed prior to Spm. C. Out of balance conditions shall be researched and corrected daily. D. Exception items shall be scanned and deposited as separate batch from routine receipts. Appropriate measures shall be taken to assure that they cannot be posted as normal payment/receipt. Utility Billing Lockbox Scope of Services - Page 3 of 4 E. Other non -transaction input documents, deposit slips, unmatched input documents, correspondence or other related documents shall be forwarded to the City by noon of the day following the transmission of the reports as desired. 4. Disaster Recoyery In the case of an automated equipment or system failure the attached Disaster Contingency Recovery Plan shall be applicable. 5. Qualit List and describe internal quality standards including: A. Scanner shall endorse backs of checks with bank name and account number of the City of Meridian. B. All data to be transmitted to City of Meridian prior to 5pm daily C. Check copies and deposit slips will be filed for viewing on secure web site, no transmission is necessary. E-mails of daily reports shall have confirmation receipt requested to assure receipt by City of Meridian. Any information sent by e-mail shall also be sent with a system -generated delivery receipt. D. Scan quality of all documents will be clear and legible. E. BDS shall investigate errors internally to see what the cause may have been, check processes and documentation and conduct training if needed to prevent future errors. 6. Charges. A. OCR Scan Transaction Fee $0.14 Web Access per statement $0.01 Image CD-ROM (optional) $25.00 PO Box Fees (semi-annually) $65.00 Courier Fees TBD Miscellaneous Copies $.20 B. Lock Box Rental Charge. #4 Post Office box (dimensions l Ow x I I x 14d) at a cost of $65 semi-annually. If day's mail should exceed capacity of box, excess shall be put in tub and held for pick up per notice in PO Box. Utility Billing Lockbox Scope of Services - Page 4 of 4 ,�'! 'S�+Ri' , ...:.:� �8NF+7f;•otiw �;�t _ f���°`�1F'NNfla'''�r��' Bos om 8/1GM6000UNEN/SPECI41ISTS BILLING DOCUMENT SPECIALISTS CUSTOMER SERVICE AGREEMENT With City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, and City of Meridian. hereafter referred to as CLIENT and shall be subject to the following outline, terms and conditions: THE SERVICE E Payments: BDS to provide a link from the Clients web site to a credit or debit card payment site. The Client is to set up the merchant account and notify their customers that the site is available. BDS will assume no fees or charges for the Merchant Account. BDS will provide a link on the Client's Web site where the user can signup, matching account number, and name to the Client's data base. The user must have a valid email address for confirmation of password or to replace lost passwords. The user ID will be the account number with personal passwords to assure payments are credited to the correct account. The web site will be updated upon receipt of the City's statement files. The current & past due amounts will show separately on the payment screen when the user opens the account. Once a payment has been processed the data base will update the information on the user's screen. When a new statement file is received by the City the data base will update to the current statement information. The city will have access to the site during the day to review payments submitted that are not necessarily confirmed. To confirm payment acceptance the City will need to access the merchant account site that processes the payments. s 11111ING DOCUMENT SPECIALISTS BDS will make every effort to design the site to reduce double posting from the user submitting a payment more than once. Any double payments will be handled by the Client through their merchant account. The City can access a report file of all transactions that will be in a format that will update their receivables at any time. This data base will then be automatically archived and a new report file will be created. The City can review the archived data at any time. E Statements: Using the same sign up link there will be a choice for the users to have their City billings sent via email. When the statements are processed the user will receive an email that their statements are available to view, The email will contain a link that will take them to their a statement which will offer a printable reproduction of the mailed out format. Once they have made the selection BDS will flag those account numbers and when the City submits a new file BDS will tag those so that hard copy statements will not be produced or mailed. This will reduce the City's costs per unit sent via email as they will only be invoiced the unit listed below. TERMS and CONDITIONS The Tech Support group will be available to provide technical assistance to you through the toll free customer service center from 8:00am to 5:00pm (mountain time), Monday through Friday on all business days. The Billing Document Specialists service will create the initial web design and setup for a one time charge of $3000.00. The client will be involved in the custom design and BDS will make every effort to match all reasonable requests. The user set up and maintenance of the web site and transaction at a monthly charge of $75.00. E Statements will be processed at a unit price of $.25. wpm --0 nnvmm�f ua��W HILL/NI DOMMEW SPECIALISTS The term of this agreement shall be for a period of 6 months from the date of final acceptance of the web design by the city. At the end of this period the agreement may be renewed with review by both parties. The agreement may be terminated by either party with 120 days written notice. The signatures below indicate acceptance of the agreement. Acceptance for: City of Meridian Signature Please Type or Print Authorizing Pa Acceptance for: Billing Document Specialists ��,ignature EMr_ WIR i7 -ter: a'i a� ywle g~8 a' a S. n -Y de GVe-rte 1' 1 r.(ff fill fill, Bas � B/L [dMS ,99CfIMENI SPfCfA[lSTS Billing Document Specialists CUSTOMER SERVICE AGREEMENT THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, and • Facility Name: City of Meridian • Facility Address: 33 East Idaho Street • Facility City,State & Zip: Meridian, ID 83642 • Facility Phone Number: 208-888-4438 • Facility Fax Number: 208-887-4813 • Facility Primary Contact Person: JayCee Holman hereafter referred to as CLIENT and shall be subject to the following outline, terms and conditions: THE OUTLINE Your facility goes through the normal patient statement process but instead of directing the patient statement to the local system printer, a text or data file is created and submitted by modem to the Billing Document Specialists Bulletin Board. This bulletin board can be accessed through a toll free phone # or transferred through the Internet. A unique password and account name used by you identifies the facility, your format of choice, and other client -specific details. You can process and submit as many documents as you like and as frequently as you like. When BDS receives the statement file (text or data) the statement is produced and mailed within 24 hrs. Billing Document Specialists prints a first generation laser document on a two-color or four color document including a payment return envelope, folds and seals the document, and mails them first class, all within one business day. A report is then produced for each transmission detailing the number of statements processed. This will be returned to the client via fax, or can be retrieved by the client via modem through the Bulletin Board. The whole process requires minimal effort on your part. A better quality statement is produced at a savings to your facility. No more statement runs, materials management, separating, bursting, folding, stuffing, stamping, and delivery to the post office. Rigs -1 Bl(UN6DOCUMENT SPECIALISTS TERMS and CONDITIONS The Service group will be available to provide technical assistance to you through the toll free customer service center. Technical assistance is available from 8:00am to 5:00pm (mountain time), Monday through Friday on all business days. The Bulletin Board Center is open 24 hr. a day, 7 days a week and the client can transmit the documents as they desire. We will process your documents on a daily, weekly, bi-weekly, monthly, quarterly, or annual basis. Special handling of individual statements may be requested by the client for a variety of reasons (e.g., pulling a specific statement from a batch). This request may be accommodated as requested at a special pricing to be quoted by BDS at the time of the request. BDS will bill client for services on a per batch run. Client agrees to pay BDS within 10 days of invoicing for services. Any batches transmitted to BDS for processing, while there is an unpaid delinquent balance, will be held by BDS until account balance has been brought current, unless other arrangements have been made and documented as acceptable between both parties. The Billing Document Specialists will be provided at a contract price of $0.515 per piece to Customer. All additional images will be charged at a contract price of $0.15 per image. Special Inserts may also be included at prices to be negotiated depending upon quantity and specifications. Optional Services: Manual Large Files: For files exceeding 7 pages the images will be billed out at $-015 processing plus, $.024 for the large flat envelope plus actual postage. Inserts: Pre printed inserts that the client provides can be inserted at $.01 for Folding and $.01 for stuffing. Provided inserts must be approved by BDS and delivered to BDS 48 hours before the batch for which they are to be inserted and will be billed for either or both of the folding and stuffing charges that apply. BDS can custom print the inserts in either full color or BNV on specified paper stock. Pricing will vary depending on specifications. Rigs" HEINOMEHMENT SPECIALISTS After customer has approved the layout and site has gone live with transmissions any programming requests after this point may be billed out at our normal programming rates. This does not include simple cosmetic or data changes such as phone numbers or addresses. In the event that any information processed on behalf of Client by BDS is not accurate, and such inaccuracy causes the processed data to be unacceptable as a finished product, BDS will re- process such data at no additional charge, and no other liability is Implied. It Is expressly understood and agreed that BDS shall not be liable or responsible for any damages resulting in the delay in the processing of data or resulting from any unacceptable finished product processed by BIDS. BDS's liability hereunder shall be limited to the additional cost it incurs in re -process the mishandled data. BDS makes no other warranty expressed or implied for its services hereunder. The term of this agreement shall be one (1) year from the date of its signing. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: City of Meridian Mayor - A09rVV-Cd 6(1 Attest: William G. Berg, Jr., City lerk OIF fi O 'rr/ryrrill i1f11�`��\�\ Acceptance for. Valli Information Systems, Inc. dba Billing Document Specialists Robert O. JenkiWs, President /O Meridian City Council Meeting DATE: December 6, 2016 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: 6N Approval of Contract Amendment No. 1 to Varsity Facility Services for "JANITORIAL SERVICES" for a Not -To -Exceed amount of $198,325.08 MEETING NOTES u✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Eric Jensen Date: 11/21/2016 Re: December 6 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 6 th City Council Consent Agenda for Council’s consideration. Approval of Contract Amendment No. 1 to Varsity Facility Services for “JANITORIAL SERVICES” for a Not-To-Exceed amount of $198,325.08. Recommended Council Action: Award of Contract Amendment No. 1 to Varsity Facility Services for the Not-To-Exceed amount of $198,325.08. Thank you for your consideration. City of Meridian Purchasing Dept. CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $198,325 Eric Jensen If yes, has policy been purchased? Varsity Facility Services III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) Multiple TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) Per Contract Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Max Jensen November 21, 2016 I. PROJECT INFORMATION 8/8/2016 9/1/2017 N/A 1 FY17 11/21/2016 Public Works Janitoria Services V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION Current N/A N/A C -/WEND CITY OF MERIDIAN CONTRACT AMENDMENT No. 1 VARSITIY FACILITY SERVICES For JANITORIAL SERVICES - 10150 CONTRACTOR NAME: bFPARTUr-Nr u Varsity f=acility Services Public Works ADDRESS: ADDRESS: ����� 1055 S. 3600 W. 33 E. Broadway Salt Lake City, LIT 84104 Meridian, ID 83642 Contract Name: Janitorial Prolect No. 10160 Previous Amendment Date: _WA Previous Amendments: 0 Current Contract Dates: START: 1011/201 COMPLETION: 9130/16 Current Contract Amount (inclusive of Previous Amendments to Date): $169,777, Muti,NOMENT TO EXERGISF rSPTlnt4 IQ RENEW tCheck all that ADON — Amendment to Contract Performance _ X Amendment to Contract Dates X Amendment to Contract Amount ,_ Other (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach iU relevant documentation dstaNing amartdmttntj: Executing the first of four amendments allowed per the original agreement and the revised Service Locations and Payment Schedule attached. Amendment Date: 11/22/2016 New Contract Dates: START: 1011/201 COMPLETION: 913012017 Amount of Amendment Change S 196.325.$ I Current Contract Amount (Inclusive of Previous Amendments to Date): 5368.102,72. i ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS L AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF ME VARSITY FAC ITY SERVICES BY: BY: TA MY de D, M OR. — ase an Go�pORATEDq�c Dated: �sr Dated: \ �L `+ �;rvor Attest' ID o Approved by City as to C ntent /Z 0 �% BY: CLERK mF� SEq� �Al KEITH: TTS, PUR ASING MANAGER C J COL , _ 1. Service Locations The work shall be performed at the City locations identified in this section. The City reseryes the right to add or delete locations. LOCATION ADDRESS SQUARE FOOTAGE (Estimated area of service) City Hall (including Heritage Building) 33 E Broadway 83,300 Police Station Administration Building 1401 E. Watertower 32,000 Police Station K-9 Building 1401 E. Watertower 540 Police Station Public Safety Training Center (PSTC) 1223 E. Watertower 12,700 Water Administration 2235 NW 8tn St 8,000 Wastewater Resource Recovery Facility - Administration Building 3401 N. Ten Mile 12,200 Wastewater Resource Recovery Facility - Controls Building 3401 N. Ten Mile 3,600 Wastewater Resource Recovery Facility - Lab Building (only area specified) 3401 N. Ten Mile 2,500 Parks and Recreation Maintenance Building 1700 E. Lanark 2,500 Community Center 213 E ldaho 4,200 Fire Station 1 540 E. Franklin Road, Meridian 4,400 Fire Station 2 2401 N. Ten Mile Road, Merid ian 2,300 3545 N. Locust Grove, Meridian 2,300 Fire Station 4 2515 S. Eagle Road, Meridian 2,300 Fire Station 5 600'l N Linder Road, Meridian 2,300 Fire Safety Center 1901 E. Leighfield, Meridian 920 Parks and Recreation Homecourt 936 W. Taylor Street, Meridian 41,000 'Measurements are approximations only. lt is up to the Service Provider to freld-verify dimensions to satisly their needs Fire Station 3 MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $198,325.08. TASK AND LOCATION City Hall (including Heritage Building)$7,254.38 $87,052.56 Police Station Admin Building $3,392.55 $40,710.60 Police Station K-9 Building $127.40 $1,528.80 Police Station Public Safety Training Center (PSTC)$'1,002.59 $12,031.08 $347.56 $4,170.72 Wastewater Resource Recovery Facility - Admin Building $8,3s5.84 Wastewater Resource Recovery Facility - Controls Building $280.86 $3,370.32 Wastewater Resource Recovery Facility - Lab Building $340.47 $4,085.64 Parks and Recreation Maintenance Building $199.89 $2,398.68 Community Center $532.97 $6,395.64 Fire Station 1 $39.66 $475 92 Fire Station 2 $25.00 $300 Fire Station 3 $25.00 $300 Fire Station 4 $25.00 $300 Fire Station 5 $25.00 $300 Fire Safety Center $20.44 $245.28 Parks and Recreation Homecou rt $2,192.00 26,304.00 GRAND TOTAL $16,527.09 $198,325.08 EXHIBIT C MONTHLY YEARLY Water Administration $696.32 IDSOS Viewing Business Entity Page 1 of I IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summarv ] I Monitor VARSITY FACILITY SERVICES business filinos ] VARSITY FACILITY SERVICES 315 S FIFTH AVE PO BOX 1692 POCATELLO, ID 83201 Type of Business: ASSUMED BUSINESS NAME Status? CURRENT State of Oraginr IDAHO Date of 09 Jun 2011 Origination/Authorization : File Number: D148205 Original Filing: I Help Me Print/View TIFF ] Filed 09 Jun 2O11 ORIGINAL View Image (PDF format) View FILING Imaoe (TIFF format) TdAh6 qp.rctarv nf qtetp'c Mrin pa.ro State of Idaho Home Paoe Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.oov https ://www.accessidaho.orgipublic/sos/corp/D I 48205.html 1112112016 Meridian City Council Meeting DATE: December 6, 2016 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: E Approval of Contract Amendment to extend the contract for "Liquid Emulsion Polymer" to BASF Corporation in the Not -To -Exceed amount of $200,00.00 MEETING NOTES �✓ j??j` UlEU Community Item/Presentations Presenter Contact Info./Notes r_► FRKs OFFICE FINAL ACTION Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Laurelei McVey, Gina Harris Date: November 21, 2016 Re: December 6, 2016 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 6 th 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 $200,00.00. Recommended Council Action: Approval of Contract Amendment to BASF Corporation for the Not-To-Exceed amount of $200,000.00 . Thank you for your consideration. City of Meridian Purchasing Dept. E IDIAN�--- txa to I i t":) CITY OF MERIDIAN CONTRACT AMENDMENT No 3 BASF CORPORATION LIQUID EMULSION POLYMER CONTRACTOR NAME: DEPARTMENT NAME: CITY OF MERIDIAN BASF CORPORATION WASTEWATER ADDRE=SS: ADDRESS; 100 Park Avenue 3401 N Ten Mile Rd Florham Park, NJ 07932 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract name & Project No,_... t-lauid Emulslon Polymer– PW -12.10373 Amendment Date: 09-30-2016 Previous Amendments: 2 Current Contract Dates: START: 10-1-2015 COMPLETION; 9-30-2016 Current, Contract Amount Inclusive of Previous Amendments to Date): 620 484,28 AMENDMENT OPTIONS AMENDMENTTO EXERCISE OPTION TO RENEW (Check all that AAPIY) 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 additiohai one year. This is the last year of two additional one year options to extend the five year contract. Contract to end September 2017. BASF will guarantee product pricing at 1.23/lb for an additional 12 months. NEW ?ACT INFORMATION Amendment Date: 11/10/2016 New Contract Dates: START:. 10-1-2016 COMPLETION: 09-30-2017 Amount of Amendment Chante; $200 000.00 Current Contract Amount (Inclusive of All Arrrendrnonts to Date): $820.484.28 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF ERI N BY: _ TAMMY die W MAY Dated; �a / ,OR c i9n Council Approval Date: Attest: /%_ f Z C. JAY COVES,(-2'1TY CLERK BASF CQPV APORA Oj- rJ J BY: K - Raaht l 6athyanarayana, Marketing Manager Dated: I�vfr>4 je I 1 0/(n Approved by City as to Content r.. NP r4f BY: KEITO AATSPU C ASING AGENT d0 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: N/A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $200,000 Laurelei McVey If yes, has policy been purchased? BASF III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3510 52015 10373 TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) N/A Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Laurelei McVey 10/14/2016 November 21, 2016 I. PROJECT INFORMATION 5/25/2016 6/1/2017 N/A 3 FY17 11/21/2016 Public Works POLYMER CONTRACT AMENDMENT NO. 3 V. BASIS OF AWARD N/A N/A IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A Goodstanding N/A N/A Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6P PROJECT NUMBER: H-2016-0119 ITEM TITLE: AKA Wahooz/Roaring Springs Findings of Fact, Conclusions of Law for Interstate Center (AKA Wahooz/Roaring Springs) H-2016-0119 by Bowden Properties, LLC and Black Mor, LLC Generally Located Near the NW Corner of W. Overland Road and S. Meridian Road 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0119 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Interstate Center (aka Wahooz/Roaring Springs) for the purpose of incorporating a concept plan; a comprehensive sign package for the overall development; and updating other specific DA provisions. The applicant has also requesting a landscape plan to be approved with the proposed DA modification, by Bowden Properties, LLC & Black Mor, LLC. Case No(s). H-2016-0119 For the City Council Hearing Date of: November 15, 2016 (Findings on December 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 15, 2016, 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 in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0119 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 15, 2016, 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 is hereby approved per the provisions in the Staff Report for the hearing date of November 15, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-5B-3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-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 November 15, 2016 By action of the City Council at its regular meeting held on the l 0 day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED Ya COUNCIL VICE PRESIDENT JOE BORTON VOTED ✓� `� COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ✓ COUNCIL MEMBER TY PALMER VOTED Yeo COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED Yeo? MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor TaTfiryocle Weerd Attest: ('tVL�tA o Iw SE C. ay Coles z� q4 City Clerk Or,A ate. Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ? Dated City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0119 - 3 - EXHIBIT A Interstate Center – MDA H-2016-0119 1 STAFF REPORT HEARING DATE: November 15, 2016 TO: Mayor & City Council FROM: Josh Beach Associate City Planner 208-884-5533 SUBJECT: Interstate Center (AKA Wahooz/Roaring Springs) – MDA H-2016-0119 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bowden Properties, LLC and Black Mor, LLC, request a modification to amend the recorded development agreement (DA#97044085) for the purpose of incorporating a concept plan; a comprehensive sign package for the overall development; and updating other specific DA provisions. The applicant has also requesting a landscape plan to be approved with the proposed DA modification. Landscaping improvements are typically reviewed with a development application however; staff recommends the DA address the timing for the improvements. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on November 15, 2016. At the public hearing, the Council approved the subject MDA, PP and RZ requests. a. Summary of City Council Public Hearing: i. In favor: Joann Butler ii. In opposition: None iii. Commenting: Joann Butler iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons, Bill Nary b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. How late the outdoor events would go ii. The noise ordinance would potentially impact any outdoor event that occurs past 11 PM. d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0119 as presented in the staff report for the hearing date of November 15, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0119 as presented during the hearing on November 15, 2016, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Interstate Center – MDA H-2016-0119 2 Continuance I move to continue File Number H-2016-0119 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 generally located near the NW corner of W. Overland Road and S. Meridian Road, in the South ½ of Section 13, Township 3N., Range 1W. B. Owner: Bowden Properties, LLC & Black Mor, LLC 400 W. Overland Road Meridian, ID 83642 C. Applicant: Same as Owner D. Representative: Quadrant Consulting, Inc. 1904 W. Overland Road Boise, ID 83705 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 17 and November 7, 2016 C. Radius notices mailed to properties within 300 feet on: October 14, 2016 D. Applicant posted notice on site by: November 5, 2016 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped land and developed commercial land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Interstate I-84 West: Developed commercial property, zoned C2 in Ada County South: Overland Road, developed land, zoned C-G East: Developed Commercial properties, zoned C-G C. History of Previous Actions: In 1997, the property was annexed and zoned, entered into a development agreement (Instrument # 97044085) and platted as Interstate Center. In 1998, a conditional use permit (CUP-98-100) was approved for a family water park. In 2006 the property received certificate of zoning compliance (CZC-06-211) approval to upgrade EXHIBIT A Interstate Center – MDA H-2016-0119 3 the lighting throughout the waterpark. In 2009 the property received certificate of zoning compliance and design review (CZC-09-033, DES-09-015) approval for a 61,813 square foot building addition. In 2011 the property received certificate of zoning compliance and design review (CZC-11-005, DES-11-002) approval for a 27,522 square foot building expansion. In 2015, a Certificate of Zoning Compliance and Design Review (CZC-15-010, DES-15-009) were approved to add six (6) cabanas and a barbeque area. Also in 2015, a Certificate of Zoning Compliance and Design Review (A-2015-0071) application were approved for a 16,991 square foot building addition to an existing 54,454 square foot structure. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is to amend the existing Development Agreement (DA) (Instrument No. 97044085), to allow for a change in the overall development plan for the site, to include a comprehensive sign package and landscape plan. The applicant’s request to modify the development agreement (DA) reflects the fact that the original DA is out of date and many of the provisions requested to be removed have been completed with the subdivision improvements and are no longer applicable. The original development agreement was tailored to accommodate a commercial office park. The property has never been used for that purpose, other than the offices used for the existing recreation and entertainment facilities. In the mid- 1990’s, the use of the property was left relatively undefined to leave the site open to market demand. Today, the use of the property has been determined and the ownership of the property is consolidated with just two owners, both of whom intend the remaining undeveloped parcels to be used for expansion of the existing recreation/entertainment center. With recent expansion of the recreation/entertainment facility (and with the requirement of the existing DA that the developer obtain a conditional use permit prior to the commencement of any building construction or improvement on any lot within the subdivision), abiding by the original Development Agreement has been cumbersome for both City staff and the property owners. The proposed amended and restated development agreement reflects the existing development and City policy. Amending the development agreement will assist the City and the owners to streamline the process for anticipated future expansion of the facility. The proposed conceptual development plan, sign package and landscape plan support the owner’s plan to continue to grow the recreation and entertainment center with uses currently allowed in the C-G zoning district. The proposed changes to the DA are as follows: 1. Hours of Operation The proposed hours of operation for the recreation/entertainment facility would be 24 hours each day. The owners open the center many times each year for school groups, church groups, graduation nights and late night “lock-ins,” as well as for family reunions and company picnics. The recreation/entertainment center is ideally located along Interstate I- 84 to the north. This location ensures compatibility with adjacent uses during indoor and outdoor entertainment events and for the late night “lock ins” that often continue to 5:00 a.m. EXHIBIT A Interstate Center – MDA H-2016-0119 4 Because of the location, which is far from residential zones and is well buffered from any residential areas by other commercial uses/properties, operations at the center will be consistent with Meridian’s codes designed to protect residential areas. UDC Section 2B- 3A-4 limits the hours of operation for uses next to a residential area. Outdoor speaker systems on site are required to be in compliance with Meridian City Code Section 11-3A- 13. Staff is supportive of the 24-hour use of the property because the property does not abut a residential use, however UDC 11-4-3-2 states “No outdoor event or activity center shall be located within fifty feet (50’) of any property line and shall operate only between the hours of six o’clock (6:00) A.M. and eleven (11:00) P.M. This proposal does not meet the specific use standards of the UDC as noted above. 2. Conceptual Development Plan/Landscape Plan Setback from the east property boundary is to be used as a 25-foot access easement (20-foot gravel drive and 5-foot landscape buffer) leading from Overland Road to Nampa & Meridian’s Lot 8. The Owners would seek staff-level approval of the landscape buffer when the access drive is constructed. Setback along the north property boundary, west of Lot 8, is 20 feet and improved with landscape. This landscaped setback of 20 feet would be continued east of Lot 8 along I-84 right-of-way. The applicant will need to seek staff-level approval for the landscape buffer when that portion of the property is developed. Because the area east of Lot 8 is subject to various easements (i.e., Nampa & Meridian irrigation easement, Meridian sewer easement and the 10-Mile Drain), landscape in this area will require a license from Nampa & Meridian and City staff-level approval to ensure there is no landscape interference with the easements’ use. To ensure adequate landscape and compatibility with the existing easements, the applicant may need to request future alternative compliance for landscaping. It may be necessary to reduce the landscape buffer width yet increase the density of plantings. Setback further west along the north property boundary abutting existing C-G zoned property will comply with existing C-G zoning setback requirements. As depicted on the Conceptual Development Plan, setback along the west property boundary will continue as developed today: 5 feet for parking areas and 8 feet for outdoor recreation facilities. Setback along the west boundary of the as yet undeveloped Parcel 1 will comply with the existing C-G zoning setback requirements. As depicted in the Conceptual Development Plan, the landscape buffer/setback along Overland Road is 35 feet. The landscape in this area would be installed completely along Overland Road, consistent with the enclosed Landscape Plan. Though staff is not in favor of including the specifics of a landscape plan in the DA, staff is in favor of including the timing of installation for the landscape buffers. The landscape buffers (35 feet of landscaping along Overland Road, 25 feet along the east boundary of the proposed expansion, and 20 feet along the I-84 frontage) shall all be installed with the first Certificate of Zoning Compliance approved on Parcel 6 (as indicated by the proposed concept plan). 3. Signs Staff has reviewed the proposed recreation/entertainment center site sign package. The site sign plan is included as an exhibit to the Amended & Restated Development Agreement for consideration by the City. EXHIBIT A Interstate Center – MDA H-2016-0119 5 The proposed sign package includes removing three (3) existing signs and constructing five (5) new signs and leaving one (1) existing non-conforming sign on site for a total of six (6) signs for the development. This will require the approval of a sign permit. UDC 11-3D-8 allows for properties within 660 feet of the Interstate 84 freeway right of way to have signs with a maximum of 150 square feet of background area and 40 feet in height. There are three (3) proposed signs that are within 660 feet of the I-84 right-of-way. They are signs indicated as 1, 3, and 4 on the sign exhibit (below). The proposal shows an existing non-conforming sign on the site that will remain (indicated as number 2 on the sign exhibit). The sign is 60 feet tall and has 244 square feet of background area. Signs indicated as 3, 4, 5, and 6 on the sign exhibit, meet the requirements of the UDC in regards to height and sign background area. Sign 1 as indicated on the exhibit below does not meet the requirements of the UDC. UDC 11-3D-8A.14.f allows properties that exceed 750 feet of linear freeway frontage to be 50 feet tall instead of 40, and to have 300 square feet of background area instead of 200. One of the proposed signs (as indicated by number 1 in the sign exhibit) exceeds the 50 feet allowed and also exceeds the 300 square feet of background area, with a proposal of 60 feet and 385 square feet respectively. Staff is not in favor of the proposal as it exceeds the allowances of the UDC and would exceed what is allowed for other businesses with similar circumstances. Staff feels that the allowances of the UDC for signs along I-84 are adequate to meet the needs of the development. Prior to the City Council hearing, the applicant shall provide a revised sign exhibit demonstrating that sign number 1 (as indicated below) meets the requirements of the UDC in regards to height and sign background area. The applicant submitted a copy of the existing DA in strike-out/underline format noting the proposed changes. Staff has included the changes to the document requested by the applicant as amended by staff shown in Exhibit A.2. Staff is supportive of the changes to the DA requested by the applicant as amended by staff in Exhibit A.2. Sign Exhibit EXHIBIT A Interstate Center – MDA H-2016-0119 6 VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Change to the Development Agreement 3. Staff’s Recommended Changes to the Proposed DA 4. Proposed Development Plan 5. Proposed Sign Plan EXHIBIT A Interstate Center – MDA H-2016-0119 7 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Interstate Center – MDA H-2016-0119 8 Exhibit A.2: Proposed Changes to the Development Agreement EXHIBIT A Interstate Center – MDA H-2016-0119 9 EXHIBIT A Interstate Center – MDA H-2016-0119 10 EXHIBIT A Interstate Center – MDA H-2016-0119 11 EXHIBIT A Interstate Center – MDA H-2016-0119 12 EXHIBIT A Interstate Center – MDA H-2016-0119 13 EXHIBIT A Interstate Center – MDA H-2016-0119 14 EXHIBIT A Interstate Center – MDA H-2016-0119 15 EXHIBIT A Interstate Center – MDA H-2016-0119 16 EXHIBIT A Interstate Center – MDA H-2016-0119 17 EXHIBIT A Interstate Center – MDA H-2016-0119 18 Exhibit A.3: Staff’s Recommended Changes to the Proposed DA 4. Uses Permitted By This Agreement: Modify condition 4.1 as follows: 4.1 “The uses allowed pursuant to this agreement are only those uses listed as permitted, conditional or accessory, including parking, in the approved C-G zone zoning district under the UDC in effect as of the Effective Date (the “Uses”), which are generally set forth on: the conceptual development plan, attached hereto as Exhibit C and made part hereof (the “Conceptual Development Plan”); and the signs substantially similar to the signs depicted on Exhibit D attached hereto and made part hereof (the “Sign Plan”);. And the landscape depicted on Exhibit E, attached hereto and made part hereof (the “Landscape Plan”). Notwithstanding anything to the contrary herein or the UDC, outdoor arts, entertainment or recreation facility or facilities may be located within fifty feet (50’) of the exterior Property Boundary.” 5. Conditions Governing Development of the Property: 5.1 Development Conditions: Owner/Developer shall develop the Property in accordance with the following special conditions: Remove condition 4. This is not applicable. Modify condition 6 as follows: “Setback along the west property boundary shall be five (5) feet for parking and eight (8) feet for recreation/entertainment facilities. Setback The landscape buffer along the north property boundary adjacent to interstate I-84 shall be twenty (20) feet. Setback The Landscape buffer along the north property boundary adjacent to the existing C-G zoned property shall comply with the setback requirements of the C-G zoning district. Setback The landscape buffer along the east property boundary shall be twenty-five (25) feet. Setback The landscape buffer along Overland Road shall be thirty-five (35) feet. Remove Condition 8. Landscaping is reviewed with the Certificate of Zoning Compliance. Modify condition 9 as follows: replace “City of Meridian Design Manual with “City of Meridian Architectural Standards Manual.” Remove condition 10. This is a duplicate of condition 9. Add a DA condition as follows: The landscape buffers (35 feet of landscaping along Overland Road, 25 feet along the east boundary of the proposed expansion, and 20 feet along the I-84 frontage) shall all be installed with the first Certificate of Zoning Compliance approved on Parcel 6 (as indicated by the proposed concept plan). EXHIBIT A Interstate Center – MDA H-2016-0119 19 Exhibit A.4: Proposed Development Plan EXHIBIT A Interstate Center – MDA H-2016-0119 20 Exhibit A.5: Proposed Sign Plan EXHIBIT A Interstate Center – MDA H-2016-0119 21 EXHIBIT A Interstate Center – MDA H-2016-0119 22 EXHIBIT A Interstate Center – MDA H-2016-0119 23 EXHIBIT A Interstate Center – MDA H-2016-0119 24 Meridian City Council Meeting DATE: December 6, 2016 ITEM TITLE: Paramount Director ITEM NUMBER: 6 PROJECT NUMBER: H-2016-0104 Findings of Fact, Conclusions of Law for Paramount Director (H-2016-0104) by Brighton Investments / Land Holdings Located Southwest Corner of W. Chinden Boulevard and N. Meridian Road MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes r► F_RKS OFFICE FINAL ACTION CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0104 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Amend Certain Provisions and Include a Conceptual Development Plan for the Site; Rezone of 37.31 Acres of Land from the C-C and TN-C Zoning Districts to the R-15 Zoning District; and a Preliminary Plat Consisting of 196 Building lots, 12 Common Lots and 2 Future Right-of-Way Lots on 35.63 Acres of Land in the R-15 Zoning District, by Brighton Investments/Land Holdings. Case No(s). H-2016-0104 For the City Council Hearing Date of: November 15, 2016 (Findings on December 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 15, 2016, 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 in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0104 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 15, 2016, 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 development agreement modification, preliminary plat and rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 15, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC 11-5B-3F). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0104 - 3 - to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-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 November 15, 2016 By action of the City Council at its regular meeting held on the L�? day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED Y66, COUNCIL MEMBER GENESIS MILAM VOTED �f MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor 7ade Weerd Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By; - x, ' d Dated City Clerk's Office U CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0104 - 4 - EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 1 STAFF REPORT HEARING DATE: November 15, 2016 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Paramount Director – MDA, PP, RZ (H-2016-0104) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Brighton Investments/Land Holdings, has submitted the following applications: A modification to the existing development agreement (MDA) to amend certain provisions and include a conceptual development plan for the site; A rezone (RZ) of 37.31 acres of land from the C-C and TN-C zoning districts to the R-15 zoning district; and A preliminary plat consisting of 196 building lots, 12 common area lots and 2 future right-of-way lots on 35.63 acres of land in the R-15 zoning district. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, RZ and PP applications with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on October 6 and 20, 2016. At the public hearing, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle, Applicant’s Representative ii. In opposition: Elizabeth Davis and Brian Davis iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant’s Representative (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Not in favor of the attached housing type and higher density proposed within the Cadence portion of the development as compared to the detached homes and lower density within the adjacent Paramount Subdivision; ii. Concern that the homes will be purchased by investors and turn into rental properties that aren’t owner occupied. c. Key Issues of Discussion by Commission: i. Concern regarding the lack of off-street parking (below UDC standards) within the Cadence portion of the development. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 2 ii. In favor of the proposed housing types, density, and transition between developments. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. Off-street parking in the Cadence portion of the development is below that required by the UDC [a condition is included in Exhibit B (#1.2.3c) for the applicant to reconfigure the lots to meet the UDC parking standards; or, submit and obtain approval of an application for alternative compliance with the final plat application]. The Meridian City Council heard these items on November 15, 2016. At the public hearing, the Council approved the subject MDA, PP and RZ requests. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle, David Turnbull ii. In opposition: Stephen Chrysler; Karen Coonradt; Bob Chlebda; Elizabeth Davis; Brian Davis; Jonathan Sage; Karen Pestka; Jake Griggs; Eric Delreal; Ramona Neal; Sheldon Anderson; Terrance Kurtz; Jennifer Sullivan; Naquel Ross; and Gisela Delreal iii. Commenting: Justin Lucas, ACHD iv. Written testimony: Mike Wardle, Applicant’s Representative (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Overcrowding in area schools; ii. Not in favor of more traffic in the neighborhood generated from the proposed use; iii. Opposed to change in use from commercial to entirely residential and higher density residential – prefer neighborhood friendly commercial uses and lower density residential. iv. Concern regarding shortage of off-street parking; v. Concern regarding impact of the proposed development on property values; and, vi. Concern that proposed units may be rentals, rather than owner occupied. c. Key Issues of Discussion by Council: i. In favor of the diversity in housing types proposed; and ii. In support of the development with the applicant’s agreement in regard to how to reconcile the parking concerns. d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0104 as presented in the staff report for the hearing date of November 15, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0104, as presented during the hearing on November 15, 2016, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 3 Continuance I move to continue File Number H-2016-0104 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 subject property is located at the southwest corner of W. Chinden Blvd. and N. Meridian Road, in the northeast ¼ of Section 25, Township 4 North, Range 1 West. B. Applicant: Brighton Investments/Land Holdings 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 C. Owner: Same as applicant D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification which requires a public hearing before the City Council; and a rezone and preliminary plat which require a public hearing before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 19 and October 3, 2016 (Commission); October 24 and November 7, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: September 8, 2016 (Commission); October 21, 2016 (City Council) D. Applicant posted notice on site by: October 10, 2016 (Commission); November 2, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) & Zoning: This site consists of vacant/undeveloped land, zoned C-C and TN-C. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Chinden Blvd., agricultural and commercial land, zoned MU-DA in Ada County South: W. Director Street and single-family residential properties, zoned R-8 East: N. Meridian Road and a church, zoned RUT in Ada County West: N. Fox Run Way and single-family residential properties, zoned R-8; and an assisted living facility, zoned C-C EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 4 C. History of Previous Actions: In 2013, the subject property was annexed (AZ-13-005, Paramount Northeast). A Development Agreement (DA) modification application (H-2015-0022) was approved in 2015 to include the annexation area in the existing DA (Inst. No. 1031317116, amended as Inst. No. 113083665) for Paramount Subdivision, recorded as Instrument No. 2016-005060. In January 2016, a preliminary plat (Paramount North Forty, H-2016-0034) was approved for the subject property. A final plat was never submitted. D. Utilities: Location of sewer: Sanitary sewer mains intended to serve the eastern portion of the subject site currently exist directly adjacent to the subject parcel in W. Director Street, and a main intended to provide service to the western portion of the subject site is currently under construction as part of the Paramount Veranda Assisted Living project. Location of water: Water mains intended to serve the eastern portion of the subject site currently exist directly adjacent to the subject parcel in W. Director Street, and a main intended to provide service to the western portion of the subject site is currently under construction as part of the Paramount Veranda Assisted Living project. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The North Slough crosses the southwest corner of this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS Land Use: Approximately 26 acres of the site is designated Mixed Use - Community (MU-C) and approximately 15 acres is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the MU-C designation is to allocate areas where community-service uses and dwellings are seamlessly integrated into the urban fabric. The intent of the MU-C designation is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Development should comply with the general guidelines for development in all mixed use areas and have a mix of at least 3 land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. See pages 27-28 in the Comprehensive Plan for more information. The intent of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units/acre. The applicant proposes to develop the site with single-family attached homes consisting of a total of 196 units at a gross density of 5.5 dwelling units per acre and a net density of 9.92 units per acre. Single-family attached homes (2 attached units on individual properties) are listed as an appropriate use in the MDR designation but are not specifically listed as an appropriate use in the MU-C designation; townhomes (3 or more attached units on individual properties) are listed as an appropriate use. Because single-family attached and townhome units are both located on individual EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 5 lots, the proposed density and zoning (R-15) is consistent with both FLUM designations for this site, and age qualified 55+ housing is proposed for variety in half of the development, staff feels the proposed use is appropriate. This site is located at the corner of a major arterial intersection (W. Chinden Blvd./N. Meridian Rd.). A residential care facility is currently under construction at the west boundary of this site at the southeast corner of Chinden & Fox Run; and a church, private school, and Zamzow’s retail store exist to the east across Meridian Road. The proposed development will contribute to the variety of residential housing options and mix of uses in this area. The following items from the Comprehensive Plan are considered when reviewing development applications in Mixed Use areas: (Staff’s analysis in italics) “Residential densities should be a minimum of 6 dwelling units/acre.” (pg. 23) The proposed gross density of the development is 5.5 dwelling units/acre gross and 9.92 dwelling units per acre net, consistent with that desired in MU-C and MDR designated areas. “Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment, destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” (pg. 23) The proposed project provides for higher density residential development adjacent to US 20/26 (Chinden Blvd.) and contributes to the variety of housing options in this area. This area is predominately developed with single family detached residential homes; a residential care facility is currently under construction to the west. Staff believes the prosed attached units will provide additional housing options at a higher density near employment and mobility corridors. “A mixed use project should include at least 3 types of land uses; exceptions may be granted for smaller sites on a case by case basis.” (pg. 24) The larger mixed use area consists of a variety of uses including single-family detached homes, a residential care facility, a church, a private school and a retail store (Zamzow’s). There is also quite a bit of land to the west within the MU-C designated area that is yet to develop which will further contribute to the variety of uses in this area. “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.” (3.07.01E) Although staff is unaware of how “affordable” the proposed units will be, the medium density development will contribute to the variety of lot sizes, prices and types of housing in this area. “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, pg. 56) The proposed attached units will contribute to the diversity in housing types as well as provide for age qualified (55+) housing in this area; however, staff is unaware if the units will be owner occupied or rentals. “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, pg. 45) City services are available to be extended to this development. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 6 “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) There are no direct access points for this site proposed via Chinden Blvd., a state highway, or N. Meridian Road, an arterial street. An access via N. Fox Run Way, a collector street, was previously approved for this property; two other accesses are proposed via W. Director Street, a collector street. Access via a local street is not available. Because two accesses are required for emergency purposes, one of the accesses via Director is allowed; the other requires Council approval of a waiver to UDC 11-3A-3. “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A detached 10-foot wide multi-use pathway is required along W. Chinden Blvd. and N. Meridian Road and exists along W. Director Street which will provide a safe route to the church and private school to the east and the internal amenities and the public schools to the west as well as other community gathering places in the vicinity. VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the existing development agreement (DA) (Instrument No. 2015-005060) is requested to amend certain provisions and include a conceptual development plan for the site (see Exhibits A.6 and A.7). The existing DA requires the agreement to be modified to include a conceptual development plan for the subject property. The concept plan is required to show access and circulation, a mix of at least 3 land use types, and residential densities ranging from 6 to 15 units per acre in the MU-C designated area and 3 to 8 units per acre in the MDR designated area per the Comprehensive Plan. The applicant proposes to amend the DA as follows: (The Applicant’s requested changes are in underline/strike-out format; Staff’s proposed changes are in double underline/strike-out format; and Staff’s comments in regard to the proposed changes are in italics below.) #6.3 – “A detached10-foot wide multi-use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C-C and TN-C zoned properties the City Engineer signing the final plat.” The proposed changes are consistent with that approved with the preliminary plat for Paramount North Forty – Staff is in agreement with the proposed change. #6.4 – “Right-of-way (ROW) shall be dedicated reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C-C and TN-C zoned properties adjacent to Chinden Boulevard.” The term “dedicated” implies donation of ROW to ITD; the proposed change reserves the area which is the intent. Zoning designations are not necessary to include and is proposed to change. Staff is in agreement with the proposed changes. #6.8 – “A modification of the development agreement is required to include a conceptual development plan for the TN-C and C-C zoned property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 7 and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits.” The concept plan(s) should include a site plan showing access and circulation; and a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU-C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). Zoning designations are not necessary to include and are proposed to change. A mix of uses is required for the overall MU-C designated area, not just this site. The existing and proposed uses in the overall MU-C area meet this requirement. Staff is in agreement with the proposed changes. In addition to the Applicant’s proposed changes, Staff recommends the following change: #6.2 – A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, on the C-C and TN-C zoned properties and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. The zoning districts aren’t necessary to include and are proposed to change with this application. The proposed conceptual development plan depicts a 196-unit single-family attached housing development with two types of products for variety – single-story units for age qualified 55+ on the west side of the development adjacent to the residential care facility; and 2-story units with 3 bedrooms (+ another bedroom/bonus room) on the east end of the development – all with common driveways and side entry garages. Public streets are proposed for internal circulation throughout the development with landscaped chokers for traffic calming and aesthetic appeal. The proposed use contributes to the mix of uses and housing options in this area as required in MU-C designated areas. Therefore, staff is in general support of the proposed concept plan. 2. REZONE (RZ): A rezone of 37.31 acres of land from the C-C and TN-C zoning districts to the R-15 zoning district for the development of 196 single-family residential attached units is proposed consistent with the associated MU-C and MDR FLUM designations for this site. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Because an amendment to the existing DA is proposed with this application that will update the agreement in accord with the proposed plan, staff does not recommend a new DA is required for this site. PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 196 building lots, 12 common area lots and 2 future right-of-way lots on 35.63 acres of land in the proposed R-15 zoning district. Two different types of single-family attached structures are proposed within this development. The Encore units are an age qualified 55+ single-story, attached product configured in quads with shared driveways and side-entry garages located at the west end of the development consisting of 98 units. The Cadence units are a 2-story, attached product with side-entry garages accessed from shared driveways located at the east end of the development consisting of 98 units (see Exhibit A.4). EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 8 Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the R-15 zoning district listed in UDC Table 11-2A-7 and the block length standards listed in 11-6C-3F. Staff has reviewed the proposed plat and found it in compliance with these standards. Building setbacks are required to comply with the setbacks noted in UDC Table 11-2A-7 for the R-15 district. Based on the common driveway exhibit in Exhibit A.5 for the Encore units, the rear building setback needs to be extended from 3 feet to a minimum of 12 feet. The applicant states that the lots can be lengthened into the adjacent common area to accommodate this requirement on the affected lots. Access: One access is proposed via N. Fox Run Way, a collector street, which was previously approved with the development agreement and preliminary plat for Paramount North Forty and is shared with the residential care facility. Two accesses are proposed via W. Director Street, a collector street; one of those is required for emergency access. The other access via Director requires Council approval of a waiver to UDC 11-3A-3 for access. No access is proposed or allowed via W. Chinden Blvd. and N. Meridian Road. The Idaho Transportation Department (ITD) is the transportation authority for US-20/26/W. Chinden Blvd. abutting this development on the north. The Ada County Highway District (ACHD) is the transportation authority for all other public streets within and abutting this development. ITD and ACHD’s comments on this application are included in Exhibit B, Sections 7 and 8. A 30-foot wide common lot is proposed along Chinden and a 40-foot wide common lot is proposed along Meridian for future right-of-way for the expansion of these streets. Landscaping: A 35-foot wide street buffer is required along US-20/26/W. Chinden Blvd., a state highway/arterial street and along N. Meridian Road, an arterial street (both entryway corridors); and a 20-foot wide street buffer is required along N. Fox Run Way, a collector Street. Landscaping is required within the street buffers in accord with the standards listed in UDC 11- 3B-7C. The plat depicts a 75-foot wide buffer along Chinden Blvd. and a 40-foot wide buffer along Meridian Rd. The common lots proposed along Chinden Blvd. and Meridian Road for future right-of-way for the expansion of these streets is required to be landscaped in the interim with vegetative groundcover in accord with UDC 11-3B-7C.5. Parkways: Six-foot wide parkways are proposed in bulb-outs and within common areas adjacent to streets. Because the parkways are only proposed to be 6-feet wide, root barriers are required. All parkways shall be constructed in accord with the standards listed in UDC 11 -3A- 17. Common Open Space & Site Amenities: Based on the size of the proposed development, a minimum of 10% (or 3.6 acres) of qualified open space is required as set forth in UDC 11-3G-3B; and a minimum of one qualified site amenity is required as set forth in UDC 11-3G-3C. A total of 8.63 acres (or 24.2%) of qualified open space is proposed consisting of half of the 35- foot wide street buffers required along W. Chinden Blvd. and N. Meridian Road, both arterial streets, plus additional area outside of the required buffer that’s part of those lots; all of the street buffer and common area along N. Fox Run Way and W. Director Street (within the boundary of the proposed plat), both collector streets; and common areas where amenities for the development are proposed. Proposed site amenities consist of a swimming pool and clubhouse in the Encore portion of the development; a swimming pool with a restroom facility, tot lot and associated parking area in the EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 9 Cadence portion of the development; and segments of the City’s multi-use pathway system along W. Chinden Blvd. and N. Meridian Rd., in compliance with UDC standards. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the swimming pools, clubhouse, restroom facility and parking lot. Pathways: A 10-foot wide multi-use pathway is required to be provided per the Pathways Master Plan along W. Chinden Blvd. and N. Meridian Road as proposed. A 10-foot wide pathway also exists off-site along W. Director Street adjacent to the south boundary of the site. Staff recommends a north/south pathway is provided within Lot 23, Block 5 between Lots 31 and 32; and within Lot 12, Block 4 between Lots 23 & 24 and 1 and 35 to connect to the east/west pathways; and within Lot 6, Block 3. The addition of the pathways will allow the area to be counted toward the qualified open space requirement because it’s below 50’ x 100’ in area. Sidewalks: The UDC (11-3A-17) requires 5-foot wide detached sidewalks to be constructed along collector streets; and 5-foot wide attached sidewalks to be constructed along local streets. A 4-foot wide detached sidewalk exists along N. Fox Run Way, a collector street; because it’s a fairly new sidewalk, staff does not recommend it’s reconstructed as a 5-foot sidewalk if 5’ x 5’ turnouts are constructed every 200 feet to comply with ADA standards, otherwise the sidewalk should be reconstructed as a 5-foot wide sidewalk. Five-foot wide attached sidewalks are proposed internally along local streets. Common Driveways: Common/shared driveways are proposed throughout the development for access to each unit and are required to be constructed in accord with the standards listed in UDC 11-6C-3D. The plat should be revised to include a common lot or easement on the building lots for each of the common driveways. The UDC (11-6C-3E.7) requires any plats using a common driveway to depict the setbacks, building envelope, and orientation of the lots and structure that are accessed via a common driveway on the preliminary plat and/or as an exhibit with the final plat application. The applicant has submitted exhibits for the both the Encore and Cadence portions of the development that depict the aforementioned items; however, the rear setback on the Encore units is depicted at 3 feet and should be a minimum of12 feet per UDC Table 11-2A-7. The applicant states the rear lot line can be adjusted into the adjacent common areas on the affected lots to comply with this standard. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment, for the common driveways. Parking: Off-street parking is required as set forth in UDC Table 11-3C-6 for single-family attached units. For 2, 3 and 4 bedroom units, a minimum of 4 vehicle spaces are required per unit, at least 2 in an enclosed garage, the 2 other spaces may be enclosed or a minimum 10’ x 20’ parking pad each. The Encore units contain 2 bedrooms (+ 1 bedroom/den) and comply with this standard. The Cadence units contain 3 bedrooms (+ 1 bedroom/bonus room) and have 2-car garages but the shared driveway configuration does not allow for the 2 additional parking pads required for each unit. As designed, the Cadence portion only provides half of the required number for a total of 196 spaces fewer than required. The applicant requests a waiver to this requirement; however, there is no mechanism in the UDC for a waiver. The UDC (Table 11-5B-5) does allow for alternative compliance to UDC 11-3C-6 as set forth in UDC 11-5B-5; alternative compliance is a staff-level Director-approved EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 10 application. The applicant should either reconfigure the plat to comply with this standard, which will result in a reduction in the number of building lots; or, submit an application (and gain approval) for alternative compliance with the final plat application for the affected lots. If alternative compliance is not approved, the plat will need to be revised to accommodate the required off-street parking; or, the product type will need to be changed to accommodate the required off-street parking. Note: According to staff’s calculations, approximately 155+/- on-street parking spaces can be accommodated consisting of 1+ space(s) in front of each unit and at the ends of blocks where non-street fronting units are located; and 43 off-street parking spaces are proposed adjacent to the community pool. In order for alternative compliance to be approved, the Director has to determine three findings as listed in UDC 11-5B-5E, one of which is the alternative compliance provides an equal or superior means for meeting the requirements. Fencing: Fencing is not depicted on the proposed landscape plan but a detail of the berm and sidewalk proposed along W. Chinden Blvd. and N. Meridian Road, which also depicts a fence/wall, is included on Sheet PP4.2 (see Exhibit C). The developer is responsible for constructing fences abutting pathways and common open space lots to distinguish common from private areas; fencing details should be included with the final plat application in accord with the standards listed in UDC 11-3A-7A.7. All fencing should comply with the standards listed in UDC 11-3A-7 and 11-3H-4D. Noise Abatement: Noise abatement is required for residential uses adjoining state highways (i.e. US-20/26 aka Chinden Blvd.) as set forth in UDC 11-3H-4D. The applicant has submitted a cross-section of the berm and pathway proposed along Chinden Blvd. and Meridian Road that also includes a fence/wall (see Sheet PP4.2 of the landscape plan in Exhibit A.3.). A detail of the fence/wall should be submitted with the final plat application that complies with this standard. Waterways: The North Slough has been relocated and is located within a 40-foot wide easement along the west boundary of this site and has been tiled. Utilities: 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. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11-3A-15. The system will be operated and maintained by the Homeowner’s Association. Storm Drainage: A storm drainage system is required for the development in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained in an onsite detention area in accord with ACHD requirements. Building Elevations: Conceptual building elevations were submitted for each of the 2 types of attached units (Cadence & Encore) as shown in Exhibit A.4. Building materials consist of 2 different types of materials with stone veneer accents. The applicant states there are 2 different Encore floor plans – front units (Plan 1) and rear units (Plan 2) with elevation variations; and 1 floor plan for the Cadence units with a few differences between the back-to-back units (Plans 1 and 2), primarily on the first floor. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 11 All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application must be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application can be submitted for the overall development. Staff recommends approval of the proposed MDA, RZ and PP applications with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 10/12/16, Revised) 3. Proposed Landscape Plan (dated: 8/16/16) 4. Proposed Conceptual Building Elevations & Site Layout 5. Common Driveway Exhibits (NOT APPROVED) 6. Proposed Modifications to Development Agreement (Instrument No. 2015-005060) 7. Proposed Conceptual Development Plan to be Included in Development Agreement B. Agency & Department Comments/Conditions C. Legal Description and Exhibit Map for Rezone D. Required Findings from Unified Development Code EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 12 Exhibit A.1: Vicinity/Zoning Map ÚÚd C-N L-O RUT L-O RUT R-8 R-15 C-C L-O R-8 C-CC-G R-8 R-2 R1 C-C RUT C-C RUT TN-C R-4 RUT R-4 RUT R-4 RUT R-8 C-C N L i n d e r R d E Chinden Blvd W CayuseCreek Dr W Chinden Blvd N M e r i d i a n R d N L a n d o n C r e e k P l W C r o s b y D r E Segundo St ESanPedro St WRattlesnakeDr W D i r e c t o r S t W Pr o d u c e r D r N M o r p h e u s A v e W Woodward S t N Isla A v e E Boulder Bar St E Tallinn St N R e d H i l l s A v e E Everest St N B e r g m a n A v e W Heston Dr N S a g u a r o H i l l s A v e N R o s a S p r i n g s A v e N G a r b o Av e E Rio C o l i n a s D r W BacallDr W H e s t o n C t N S e n i t a H i l l s A v e N K e a t o n W a y E SanPedroSt W Bro d e r i c k D r N Moose Creek Ave E P r o d u c e r D r E Tuttle St N G a r b o Av e N M i t c h u m W a y E Cholla Hills St E Joshua Tree Dr W G a b l e S t E San Pedro St W PuzzleCreek Ct E Segundo St E Giant Saguaro St NGertie Pl N B o o t h A v e W Glade Creek St N R e d H i l l s P l W Cedar Grove St WEagleMountainDr WMartenCreekDr E I r o n s t o n e Ct N Moose Creek Ave N F o x R u n W a y N D i e t r i c h A v e N S a g u a r o H i l l s A v e N R e d H o r s e W a y WHamRapidsSt W C a y u s e C r e e k D r E Pasacana St E Martello Ln E Klamath Ln N B r y n n e r A v e W C a g n e y S t E Almos St W Everest Ln N M o r p h e u s P l W Coburn St E I r o n s t o n e D r W Caine St E Azan S t N P e p p a r d A v eW D r e y f u s s S t N P i n e r y C a n y o n A v e E C h olla Hills St E Martello Ln E Lockhart Ln WRootCreekSt N K e a t o n A v e W Bacall St E Cholla Hills St N M i t c h u m A v e N R o s a S p r i n g s A v e N S e n i t a H i l l s A v e N B e a h a m A v e N L a r k w o o d P l N P e p p a r d A v e N S a g u a r o H i l l s P l E Pasacana St WBrandtLn W Barrymore D r W V a l e n tino Dr N E l k R a n c h L n W C o l b e r t S t W P i c k f o r d S t W V a l e n t i n o S t W Hitchcock St WIslandGreenDr N H o o d A v e N R i o V i s t a W a y N D i a m o n d C r e e k A v e N A r l i s s A v e N R e d H i l l s A v e N L a n g e A v e N C l a r e t C u p W a y N M a x i m u s P l N D e m i l l e A v e N R e d H i l l s A v e N B a r n e y L n N M a x i m u s W a y N R o s a S p r i n g s A v e W Redgrave D r N B e a h a m A v e N C h a n n i n g W a y N R i o L o m a s A v e W C a g n e y D r SAINT IGNATIUS SCHOOL PARAMOUNT SUB NO 16 PARAMOUNT SUB NO 27 PARAMOUNT SUB NO 05LOCHSA FALLS NO 11 PARAMOUNT SUB NO 07 LOCHSA FALLS NO 06 SAGUARO CANYON NO 03 ARCADIA LOCHSA FALLS NO 01 PARAMOUNT SUB NO 04 KNIGHT SKY ESTATES KNIGHTHILL SUBDIVISION HIGHTOWER SAGUARO SPRINGS/MADELYNN ESTATES VENTANA NO 02 CARDIGAN BAY PARAMOUNT SUB NO 12 VENTANA NO 01 SAGUARO CANYON NO 02 LOCHSA FALLS NO 03 LOCHSA FALLS NO 07 PARAMOUNT SUB NO 02 PARAMOUNT SUB NO 01 PARAMOUNT SUB NO 08 PARAMOUNT SUB NO 03 LOCHSA FALLS NO 12 LOCHSA FALLS NO 02PARAMOUNT VILLAGE CENTER PARAMOUNT SUB NO 09 SAGUARO CANYON NO 04 PARAMOUNT SUB NO 11 SCHOOL PARAMOUNT ELEM PARAMOUNT SUB NO 06 SCHOOL ROCKY MOUNTAIN HIGH MOULTON BRADFORD PARAMOUNT SUB NO 13 JERICHO SUBDIVISION PARAMOUNT SUB NO 15 SCHOOL CHALLENGER PARAMOUNT SUB NO 17 VILLAS AT LOCHSA FALLS PARAMOUNT SUB NO 18 PARAMOUNT SUB NO 22 PARAMOUNT SUB NO 21 PARAMOUNT SUB NO 19 HACIENDA SUBDIVISION NO. 3 HACIENDA SUBDIVISION NO.2 HACIENDA HACIENDA NO.5 SPURWING CHALLENGE LINDER & CHINDEN PARAMOUNT SUB NO 24 PARAMOUNT ADDITIONAL PHASES BULL RANCHBIRKDALE ESTATES PARAMOUNT NORTHEAST ASSISTED LIVING Paramount No. 29 PARAMOUNT DIRECTOR EXTENSION HACIENDA SOUTH EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 13 Exhibit A.2: Proposed Preliminary Plat (dated: 10/12/16, Revised) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 14 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 15 Exhibit A.3: Proposed Landscape Plan (dated: 8/16/16) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 16 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 17 Exhibit A.4: Proposed Conceptual Building Elevations & Site Layout EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 18 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 19 Exhibit A.5: Common Driveway Exhibits (NOT APPROVED) Rear setback doesn’t comply with minimum 12’ setback – revision required EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 20 Parking pad does not comply with UDC standards - Revisions or Alternative Compliance required EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 21 Exhibit A.6: Proposed Modifications to Development Agreement (Instrument No. 2015-005060) as Recommended by Staff Note: Applicant’s proposed changes are in strike-out/underline format; Staff’s recommended changes are in double strike-out/underline format) SECTION 6: CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the property in accordance with the original Development Agreement (Instrument #1031317116) and the Addendum to Development Agreement (Instrument # 113083665). In addition, the following provisions shall also be required: 1. Direct access to W. Chinden Boulevard and N. Meridian Road is prohibited in accord with UDC 11- 3A-3 and 11-3H-4B. 2. A minimum 35-foot wide street buffer is required along W. Chinden Boulevard, an entryway corridor, on the C-C and TN-C zoned properties and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. 3. A detached10-foot wide multi-use pathway shall be provided within the street buffers along W. Chinden Boulevard, along the west side of N. Meridian Road, and along the north side of W. Director Street within a public use easement in accord with UDC 11-3H-4C.4. The public use easement shall be submitted to the City, approved by City Council and recorded prior to issuance of any Certificate of Zoning Compliance or, approval of any subsequent land use application for the C-C and TN-C zoned properties the City Engineer signing the final plat. 4. Right-of-way (ROW) shall be dedicated reserved in the amount required by the Idaho Transportation Department for the expansion of W. Chinden Boulevard with development of the C-C and TN-C zoned properties adjacent to Chinden Boulevard. 5. A Certificate of Zoning Compliance and subsequent building permit application is allowed to be submitted for approval prior to recordation of the first phase of the subdivision where the assisted living facility is proposed to develop. The first phase final plat shall be recorded prior to issuance of the Certificate of Occupancy for the assisted living facility. 6. The two accesses via N. Fox Run Way, a collector street, are allowed as depicted on the site plan. 7. Development of the property at the southeast corner of W. Chinden Blvd. and N. Fox Run Way where the assisted living facility is proposed shall be generally consistent with the concept plan shown in Exhibit A.4 of the Staff Report that was approved with the Findings of Fact and Conclusions of Law approved by Meridian City Council on December 8, 2015, attached hereto as Exhibit “B”. 8. A modification of the development agreement is required to include a conceptual development plan for the TN-C and C-C zoned property located at the southwest corner of W. Chinden Blvd. and N. Meridian Road and at the southwest corner of W. Chinden Blvd. and N. Fox Run Way prior to submittal of a Certificate of Zoning Compliance application (if required) or issuance of any building permits. The concept plan(s) should include a site plan showing access and circulation; and a mix of at least 3 land use types; and residential densities ranging from 6 to 15 units/acre in the MU-C designated area and 3 to 8 units/acre in the MDR designated area as required in the Comprehensive Plan (pgs. 27-28 and pg. 20 respectively). 9. Construction of the street buffer landscaping and associated 10-foot wide multi-use pathways along W. Chinden Blvd. and N. Meridian Road shall be constructed with the final plat for each phase of development. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 22 Exhibit A.7: Proposed Conceptual Development Plan to be Included in Development Agreement EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 23 Exhibit B: Agency & Department Comments/Conditions 1. PLANNING DIVISION 1.1 Within six (6) months of Council’s approval of the amended development agreement findings and prior to submittal of a final plat application, the developer shall sign and obtain Council approval of an amended development agreement that reflects the modifications listed in Exhibits A.6 and A.7. 1.2 Site Specific Conditions of Approval 1.2.1 Development of the site shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A, the conditions of approval listed herein, and the provisions of the development agreement. 1.2.2 Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-7 and 11-3H-4D. 1.2.3 The preliminary plat included in Exhibit A.2 shall be revised as follows: a. Depict root barriers for the 6-foot wide parkways shown on the street section for typical local roads at traffic calming areas, and other areas where parkways are proposed, as set forth in UDC 11-3A-17. b. Depict the proposed common driveways in a common lot or easement that is a minimum of 20 feet in width as set forth in UDC 11-6C-3D. c. Adjust the boundaries of the lots in the Encore portion of the development to comply with all minimum setbacks of the R-15 district as set forth in UDC Table 11-2A-7 as applicable. c. Reconfigure the lots to meet the parking standards listed in UDC Table 11-3C-6 for single- family attached units in the Cadence portion of the development; or, submit and obtain approval of an application for alternative compliance as set forth in UDC 11-5B-5 with the final plat application. 1.2.4 The landscape plan included in Exhibit A.3 shall be revised as follows: a. Depict fencing abutting pathways and common open space lots to distinguish common from private areas in accord with the standards listed in UDC 11-3A-7A.7. b. The note for the common driveway on Lot 23, Block 1 references incorrect lot numbers; revise accordingly. c. Depict 5’ x 5’ turnout areas every 200 feet for the sidewalk along N. Fox Run Way to comply with ADA standards; or, reconstruct the sidewalk to 5 feet wide in accord with UDC 11-3A- 17. d. Include a detail of the fence/wall proposed along W. Chinden Blvd. and N. Meridian Road in accord with the standards noted in UDC 11-3H-4D. e. Depict a north/south 5-foot wide pathway within Lot 23, Block 5 between Lots 31 and 32; and within Lot 12, Block 4 between Lots 23 & 24 and Lots 1 and 35 to connect to the east/west pathways; and within Lot 6, Block 3. 1.2.5 A total of 8.63 acres (or 24.2%) of qualified open space shall be provided with development as proposed, minus the area where building lots in the Encore portion of the development may need to expand to comply with setback requirements. 1.2.6 Site amenities shall be provided for the development as proposed consisting of a swimming pool and clubhouse in the Encore portion of the development; a swimming pool with a restroom EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 24 facility, tot lot and associated parking area in the Cadence portion of the development; and segments of the City’s multi-use pathway system along W. Chinden Blvd. and N. Meridian Rd. 1.2.7 A Design Review application is required to be submitted and approved for all single-family attached structures prior to submittal of a building permit application. Design of the structures shall comply with the residential standards listed in the Architectural Standards Manual. One Design Review application may be submitted for the overall development. 1.2.8 An exhibit shall be included in the final plat application that depicts the setbacks, building envelope, and orientation of the lots and structures that are accessed via common driveways as set forth in UDC 11-6C-3D.7. 1.2.9 A final plat shall be recorded for this property prior to applying for building permits. 1.2.10 A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the swimming pools, clubhouse, restroom facility and associated parking lot. 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 11-3B-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 11-3B-5J. 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 11-3B- 11C. 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 11-3B-10. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 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 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 25 coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. 2. Water service to this site is available via extension of existing mains adjacent to the developmen t. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. 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. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 26 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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. 22. 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. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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 development plan approval. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 27 24. 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 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 ½” 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 ½” 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. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 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. 4.5 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. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 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. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 28 4.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The developer shall submit 14-foot wide public pedestrian easements for the proposed multi- use pathways within the boundary of this subdivision; coordinate the details of such with Jay Gibbons, Pathways Project Manager., at 208-888-3579. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with the requirements of ITD and City of Meridian for any project improvements within the State right-of-way for the US-20/26/ Chinden Boulevard frontage. Submit to the District copies of State right-of-way permits, if any, prior to District approval of the final plat. 7.1.2 Dedicate 37-feet of right-of-way from the centerline of Meridian Road abutting the site. Construct a 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of Meridian Road abutting the site. Provide a permanent right-of-way easement if public sidewalks are located outside of the dedicated right-of-way. 7.1.3 Reconstruct the sidewalk on Fox Run Way abutting the site to be 5-feet in width or provide 5’ x 5’ turnout areas every 200 feet to meet ADA standards. 7.1.4 Replace any broken or deteriorated portions of curb and gutter on Director Street abutting the site. 7.1.5 Extend two stub streets, Garbo Way and Peppard Avenue into the site. Construct the entry portion of both roadways with two 20-foot wide travel lanes, a 12-foot wide center landscape island, curb, gutter, an 8-foot wide planter strip, and 5-foot wide detached concrete sidewalks. 7.1.6 Dedicate the center landscape islands on Garbo Way and Peppard Avenue as right-of-way owned by ACHD. The applicant or the home owners association shall enter into a license agreement with ACHD for any landscaping to be located within the center landscape islands. 7.1.7 Construct the internal local streets as 33-foot street sections with rolled curb, gutter, and 5-foot wide attached concrete sidewalks within 47-feet of right-of-way, as proposed. 7.1.8 Construct bulb-outs though out the site on all of the internal local street, as proposed. Construct the bulb-out to provide a minimum of 24-feet of pavement from back of curb to back of curb and with a minimum inside radius 26-feet. 7.1.9 Provide written Fire Department approval for use of the reduced street section and the bulb-outs. 7.1.10 Provide a permanent right-of-way easement for all sidewalks located outside of the dedicated right-of-way. 7.1.11 If parking lots are constructed on any street they shall be located entirely outside of the right -of- way. Construct a 5-foot wide concrete sidewalk around the outside of the parking lots tying into the sidewalk on either side. 7.1.12 Terminate Channing Way at Everest Drive and construct a driveway to provide secondary emergency access and access to 2 building lots. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 29 7.1.13 Construct one 24-foot wide driveway onto Garbo Way located 230-feet north of Director Street, as proposed. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of Garbo Way. 7.1.14 Construct one 24-foot wide driveway onto Mitchum Avenue, located 65-feet south of Boulder Bar Drive, as proposed. Pave the driveway its full width at least 30-feet into the site beyond the edge of pavement of Mitchum Avenue. 7.1.15 Direct lot access is prohibited to Meridian Road, Fox Run Way, and Director Street and shall be noted on the final plat. 7.1.16 Payment of impacts fees are due prior to issuance of a building permit. 7.1.17 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 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. EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 30 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 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. 8. IDAHO TRANSPORTATION DEPARTMENT (See following page) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 31 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 32 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 33 Exhibit C: Legal Description and Exhibit Map for Rezone EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 34 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 35 EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 36 Exhibit D: Required Findings from Unified Development Code 1. REZONE: 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 density and associated R-15 zoning is consistent with the applicable provisions of the Comprehensive Plan in regard to the MU-C and MDR future land use map designations 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 map amendment and subsequent development will contribute to the range of housing opportunities available in the northern portion of the City. 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 materially 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). Because this application is for a rezone, this finding is not applicable. 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 density, transportation, and circulation. 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 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 from public service providers.) EXHIBIT A Paramount Director MDA, PP, RZ H-2016-0104 PAGE 23 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 comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.), 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 and ITD consider road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6R PROJECT NUMBER: H-2016-0114 ITEM TITLE: Citadel 4 Storage Ten Mile Findings of Fact, Conclusions of Law for Citadel 4 Storage Ten Mile (H-2016-0114) by Citadel Storage, LLC Located 4015 N. Ten Mile Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes r'► FRKS OFFICE FINAL ACTION CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0114 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 9.97 Acres of Land with an I-L Zoning District, for the Property located at 4015 N. Ten Mile Road in the NE ¼ of Section 34, Township 4N., Range 1W, by Conger Management Group. Case No(s). H-2016-0114 For the City Council Hearing Date of: November 15, 2016 (Findings on December 6th, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 15, 2016, 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 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0114 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 15, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of November 15, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits 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 11-5B-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 11-5B-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 November 15, 2016 By action of the City Council at its regular meeting held on the = day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED -4 COUNCIL MEMBER GENESIS MILAM VOTED YZ�4 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T y die—Wee- AUGUSP 1� 0- Attest: Z/ C ,�,Jay Cos City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: 'j Y Dated:- I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0114 -3- Citadel 4 Self Storage at Ten Mile – AZ PAGE 1 STAFF REPORT Hearing Date: October 20, 2016 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: Citadel 4 Storage at Ten Mile – H-2016-0114 (AZ) 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant requests annexation and zoning of 9.97 acres of land with an I-L zoning district to construct a future self-service storage facility. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. Planning & Zoning Commission heard this item on October 20, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: Jim Conger iv. Written testimony: Jim Conger v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Whether to recommend approval of reducing or waiving the landscape requirement in condition 1.1.1C. c. Key Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1C , as follows: The applicant is also required to construct a ten foot wide landscape buffer for the eastern 150 feet of the southern boundary adjacent to the existing rental house. ii. Modify condition 1.1.1D as follows: The applicant shall provide cross access from the north to the south if the site does not develop as a self -storage facility. d. Outstanding Issue(s) for City Council: The applicant is requesting that they only be required to install a 10-foot landscape buffer along the southern boundary of the property and only for the first 150 feet of property starting from N. Ten Mile Road. The Meridian City Council heard this item on November 15, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Jim Conger ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None Citadel 4 Self Storage at Ten Mile – AZ PAGE 2 b. Key Issues of Discussion by Council: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0114 as presented in staff report for the hearing date of October 20, 2016 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0114 as presented in staff report for the hearing date of October 20, 2016 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2016-0114 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel #S0434417200) The site is located at 4015 N. Ten Mile Road in the NE ¼ of Section 34, Township 4N., Range 1W. b. Owner/Applicant: Donald G. Hart 4015 N. Ten Mile Road Meridian, ID 83646 c. Representative: Conger Management Group 4824 W. Fairview Ave. Boise, ID 83706 d. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for annexation & zoning. 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: October 3 and 17, 2016; October 24 and November 7, 2016 (Council) c. Radius notices mailed to properties within 300 feet on: September 29, 2016; October 21, 2016 (Council) d. Applicant posted notice on site by: October 7, 2016; November 15, 2016 (Council) 6. LAND USE a. Existing Land Use(s): The subject property consists of rural residential land; zoned RUT in Ada County. Citadel 4 Self Storage at Ten Mile – AZ PAGE 3 b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: North: Agricultural and single-family residential land, zoned RUT in Ada County East: N. Ten Mile Road and single-family homes in the Isola Creek Subdivision zoned R-4 South: Agricultural and residential land, zoned RUT in Ada County West: Agricultural and residential land, zoned RUT in Ada County c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in N. Ten Mile Road. Location of water: A water main intended to provide service to the subject site currently exists in N. Ten Mile Road. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: There are no major irrigation facilities that cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on the site. 3. Flood Plain: This property is not within the floodplain overlay district. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use – Non Residential (MU-NR) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of this designation is to set-aside areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example, MU-NR areas are used near the City’s waste water treatment plant and where there are mining, heavy industrial or other hazardous operations. The City envisions a wide variety of non-residential land uses may occur in MU-NR areas. Employment opportunities, professional offices, warehousing, flex buildings, and storage uses as well as retail uses are envisioned. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted in Figure 3-6. See pages 31-32 in the Comprehensive Plan for more information. In reviewing development applications, the following items will be considered in MU-NR areas: • No new residential uses will be permitted (existing residential will be allowed to remain and expand accessory structures). • Development is not required to comply with the items listed for development in all Mixed Use areas. • All developments should have a mix of at least two types of land uses. • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged. • In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. Citadel 4 Self Storage at Ten Mile – AZ PAGE 4 • A transitional use is encouraged on the perimeter of the MU-NR areas between any existing or planned residential development. • Community facilities such as a hospital, school, park, daycare, civic building or public safety facilities are encouraged in larger developments. • All retail and service commercial components of projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. • Street sections consistent with the Ada County Highway District Master Street Maps are required within the Unified Development Code. • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, food service/restaurants, industry or warehouse uses. Sample uses, appropriate in MU-NR areas would include: employment centers, professional offices, flex buildings, warehousing, industry, storage facilities and retail, and other appropriate non-residential uses. Appropriate zoning districts include: C-G, C-C, L-O, I-L and I-H. The applicant proposes to annex the site with an I-L zoning district which is an appropriate zoning district for an MU-NR designated area. The site is proposed to develop with a self-service storage facility which is also consistent with the list of sample uses. This project is a single use, but part of a larger MU-NR area that surrounds the Wastewater Treatment Plant, so staff does envision a mix of uses developing in the area. There is a mix of commercial near the intersection of Ustick and Ten Mile Roads and across the street will be a park and future single family homes. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): “Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) The subject property abuts N. Ten Mile Road on the east. N. Ten Mile Road is classified as an arterial roadway, and requires a minimum 25-foot landscape buffer per the UDC. The buffer must be landscaped in accord with the standards listed in UDC 11-3B-7C. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Citadel 4 Self Storage at Ten Mile – AZ PAGE 5 Aside from the 5-foot sidewalk along N. Ten Mile Road, no pedestrian pathways are proposed to the adjacent properties. Staff recommends a driveway connection on the north property line to provide for future connectivity in the area. “Plan for a variety of commercial and retail opportunities within the Impact Area.” (3.05.01J) With the increase of residential units in the area, the proposed storage facility will contribute to the variety of uses in the northern part of the city and will provide a needed service for nearby residents. “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A 5-foot wide detached sidewalk is required along the east boundary of this site within the landscape buffers along N. Ten Mile Road per UDC 11-3H-4C.4. “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The applicant is requesting one full access driveway onto N. Ten Mile Road. The UDC (11- 3A-3A) requires access to be taken from a local street when available; however, there is no local street access available for this parcel. Staff recommends that the applicant grant cross access to the adjacent parcels (north and south) for future interconnectivity. “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) The proposed development is contiguous to annexed parcels and city services are available. Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and the surrounding uses based on the analysis above if the developed in accord with the conditions of approval in this report. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. B. Schedule of Use: Unified Development Code (UDC) Table 11-2C-2 lists the principal permitted, accessory, conditional, and prohibited uses in the I-L zoning district. The proposed self-service storage is a principally permitted use in the I-L zoning district; compliance with the specific use standards listed in UDC 11-4-3-34 for the use is also required. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2C-3 for the proposed I-L zoning district. D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot standards listed in UDC 11-3B-8C, street buffer standards listed in UDC 11-3B-7C in accord with UDC Table 11-2C-3; and 11-4-3-34. E. Off-Street Parking: UDC 11-3C-6B.2 requires 1 space for every 2,000 square feet of gross floor area based on the square footage of the proposed office building. Citadel 4 Self Storage at Ten Mile – AZ PAGE 6 F. Self-Service Uses: UDC 11-3A-16 lists the specific requirements for self-service uses (see section 9 below for further analysis). G. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. AZ: The applicant requests annexation and zoning of 9.97 acres of land with an I-L zoning district, consistent with the MU-NR land use designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation 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 conditions included in Exhibit B. The applicant proposes to develop a self-service storage facility on the site consisting of the following: 1. Storage Building units varying in size from 5’ X 10’ to 12’ X 30’ totaling 193,823 square feet. The applicant proposes to construct the facility in two phases, with approximately 63,187 square feet of storage in the first phase, and 130,636 in the second phase. 2. Storage – Outdoor covered & uncovered , totaling 55,926 square feet 3. On- site office consisting of 1,156 square feet The project is proposed to develop in two phases as depicted on the submitted site plan. Staff recommends the proposed 35 foot landscape buffer and 5-foot detached sidewalk along the entire frontage of the site along N. Ten Mile Road is constructed with the first phase of development. Self-Service Storage Facilities: The specific use standards for the self-service storage facility listed in UDC 11-4-3-34 apply to development of this site as follows: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self - service storage facility is specifically prohibited. The applicant must comply with this requirement. B. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Section 11-3E temporary use requirements of this Title. The applicant must comply with this requirement. C. The distance between structures shall be a minimum of twenty-five feet (25’). The distance between all of the buildings meets or exceeds the 25-foot distance requirement. Citadel 4 Self Storage at Ten Mile – AZ PAGE 7 D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. Chain-link will not be permitted as a fencing material where the proposed facility fronts N. Ten Mile Road. E. If abutting a residential district, the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. The site does not abut any residential uses, nor are any proposed for the surrounding area. F. A minimum twenty five foot (25’) wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title. Not applicable. The site does not abut a residential use. G. If the use is unattended, the standards in accord with Section 11-3A-16 self-service uses of this Title shall also apply. (See standards from UDC 11-3A-16 below). H. The facility shall have a second means of access for emergency purposes. A secondary emergency only access is proposed via N. Ten Mile Road, along the eastern boundary of the site just north of the main entrance. The Fire Department has approved the proposed emergency access for phase one. With phase two, the development shall construct a secondary emergency access that meets the requirements of the Meridian Fire Department. I. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. The applicant shall comply with this requirement. J. The site shall not be used as vehicle wrecking or junkyard as herein defined. The applicant shall comply with this requirement. K. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000’) from a hospital. The applicant is not proposing to store any hazardous material on the site. The applicant shall comply with this requirement. Self-Service Uses: The proposed use of the property is for a self-service storage facility. UDC 11-3A-16 requires all unattended self-service uses to comply with the following requirements: A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low-impact security lighting. The entrance of the facility from N. Ten Mile Road is open and visible from the public street. Low-impact security lighting is required to be provided. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. This standard is not applicable. Citadel 4 Self Storage at Ten Mile – AZ PAGE 8 C. Landscape shrubbery shall be limited to no more than three feet (3’) in height between entrances and financial transaction areas and the public street. This standard is not applicable. Site Plan: A site plan was submitted, included in Exhibit A.2 that depicts a storage facility. The design of the site should comply with the design review standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Sidewalk: A minimum 5-foot wide detached sidewalk is required around all buildings as well as those serving public streets. Staff recommends a minimum 20-foot wide driveway and cross-access be provided from the proposed site to the property to the north and south. This will enhance interconnectivity between the site and the future development of the adjacent property in accord with UDC 11-3A-3. Prior to the Commission hearing the applicant should provide a new concept plan that depicts the interconnectivity as recommended by staff. Landscaping: A landscape plan was submitted, included as Exhibit A.3 that depicts street buffer and perimeter landscaping on the site; water conserving landscaping is proposed. All landscaping should comply with the standards listed in UDC 11-3B. A 35-foot wide street buffer is proposed along N. Ten Mile Road. A 25 foot landscape buffer is required to be landscaped in accordance with UDC 11-3B-7C. The unimproved right-of-way adjacent to N. Ten Mile Road needs to be landscaped in accord with UDC 11-3B-7. On the south boundary of the site there is an exisitng single family home. The applicant shall provide a 25 -foot wide landscaper buffer adjacent to this property boundary. Parking: Per UDC 11-3C-6B.2, in industrial districts, one off-street parking space is required per 2,000 square feet of gross floor area. Based on the total square footage of the office, one (1) parking space is required for the development. Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance with the standards listed in UDC 11-3C-5C. A bicycle rack is required to be provided on the site capable of holding at least one bicycle. Industrial Zoning: All buildings in the I-L zoning district are required to be set back 35 feet from the street per UDC 11-2C-3. Utilities: Sanitary sewer service to the proposed development will only be needed for the manager’s office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. Applicant will need to construct water mains to and through the project from the existing mainline in N. Ten Mile Road. Existing Structure(s): There is an existing home and associated outbuildings on the site that will be removed as part of this development. Building Elevations: Structures within the proposed development that are visible from the street or abutting properties are required to comply with the design review standards set forth in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Building materials for the proposed storage structures/wall around the perimeter of the development consist of split face CMU with accent mortar, ribbed metal wall accents and trim and metal roofing. The office will consist of two different colors of stucco and gates will be powder coated. Citadel 4 Self Storage at Ten Mile – AZ PAGE 9 Along N. Ten Mile Road, the masonry wall will consist of split-face block with a different color of mortar to accent and give a brick/stone appearance. The balance of the storage facility will be fully enclosed by the 9+/- foot walls and gate. See elevations in Exhibit A.3. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits. The applicant is required to obtain approval of a design review application for the proposed structures and site design for the self- service storage facility. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive Plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Concept Plan (dated: 09/12/2016) (NOT APPROVED) 3. Proposed Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Citadel 4 Self Storage at Ten Mile – AZ PAGE 20 A. Drawings 1. Vicinity/Zoning Map Citadel 4 Self Storage at Ten Mile – AZ PAGE 21 2. Site Plan (dated: 09/12/2016) (NOT APPROVED) Citadel 4 Self Storage at Ten Mile – AZ PAGE 22 3. Proposed Elevations Citadel 4 Self Storage at Ten Mile – AZ PAGE 23 B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation, approved by City Council and recorded. The DA shall, at minimum, incorporate the following provisions: a. Future development of the site shall be consistent with the design standards listed in UDC 11- 3A-19 and the guidelines in the City of Meridian Architectural Standards Manual (or any updated versions thereof). b. A secondary emergency only access is proposed via N. Ten Mile Road, along the eastern boundary of the site. The Fire Department has approved the proposed emergency access for phase one, however, with phase two the development shall construct a secondary emergency access that meet the access separation requirements of the Meridian Fire Department. c. At a minimum, a 25-foot wide street landscape buffer and a 5-foot detached sidewalk shall be constructed along the entire frontage of the site along N. Ten Mile Road in accord with the standards listed in UDC 11-3A-17,UDC 11-3B-5 and 11-3B-7C with the first phase of development. The applicant is also required to construct a 25-foot wide landscape buffer adjacent to the single-family residence to the south of the subject property The applicant is also required to construct a 10-foot wide landscape buffer on the South boundary adjacent to the existing rental house (Parcel # S0434417405) unless this requirement is reduced or waived by Council. d. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. e. The applicant shall construct at a minimum, a 20-foot wide driveway and grant cross-access from the proposed site to the property to the north (Parcel # S0434131200) and the south (Parcel # S0434417200) in accord with UDC 11-3A-3. Prior to the Planning and Zoning Commission hearing, the applicant shall provide an updated concept plan showing the two required cross-access points. The applicant shall provide cross access from the north to the south if the site does not develop as a self-storage facility. f. Future development of the site shall comply with the UDC standards in effect at the time of development. g. The site shall develop with a self-storage facility and shall comply with the specific use standards as set forth in the UDC 11-4-3-33 and 11-4-3-34. h. All existing structures shall be removed from the property within sixty (60) days of annexation. 2. PUBLIC WORKS DEPARTMENT 2.1.1 This development only requires sewer service to the small leasing office adjacent to N. Ten Mile Road, and therefore no new mainlines will be needed. 2.1.2 Water service to this site is available via extensions off of the existing main in N. Ten Mile Road. The applicant shall be responsible to install water mains to and through this development to the Citadel 4 Self Storage at Ten Mile – AZ PAGE 24 North, South, and West boundary lines. Coordinate main sizing and routing with the Community Development Department. 2.1.3 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. 2.1.4 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.1.5 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 development plan approval. 2.1.6 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. 2.1.7 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. 2.1.8 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. 2.1.9 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.1.10 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. 2.1.11 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. 2.1.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Citadel 4 Self Storage at Ten Mile – AZ PAGE 25 2.1.14 All grading of the site shall be performed in conformance with MCC 11-1-4B 2.1.15 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. 2.1.16 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. 2.1.17 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. 2.1.18 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.1.19 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. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to this application. 6. REPUBLIC SERVICES 6.1 The applicant shall provide carts for trash and recycling at the office. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments have not yet been received from ACHD on this application. Citadel 4 Self Storage at Ten Mile – AZ PAGE 26 C. Legal Description and Exhibit Map Citadel 4 Self Storage at Ten Mile – AZ PAGE 27 Citadel 4 Self Storage at Ten Mile – AZ PAGE 28 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed annexation to I-L is consistent with the proposed MU-NR future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the I-L zoning district is consistent with the purpose statement of the industrial districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, Council considered any oral or written testimony that was 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, 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). Per the above findings, Council feels the proposed annexation is in the best interest of the City if the applicant enters into a DA with the City and develops the property as outlined in Exhibit B above. 1 Joshua Beach From:Marcel Lopez <marcel@congergroup.com> Sent:Thursday, November 10, 2016 5:06 PM To:Joshua Beach; Jim Conger; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject:RE: Citadel Storage at Ten Mile Josh, The developer is in agreement with the Planning & Zoning Commission’s recommendations and Staff report for the Meridian City Council for the Citadel 4 Storage applications. We appreciate all your help and guidance with this process. Marcel Lopez Conger Management Group 208.336.5355 – office 208.336.2282 – fax From: Joshua Beach [ mailto:jbeach@meridiancity.org ] Sent: Wednesday, November 09, 2016 2:07 PM To: Jim Conger; Marcel Lopez; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Subject: Citadel Storage at Ten Mile Attached are the Planning & Zoning Commission’s recommendations and the Staff Report for the proposed annexation and zoning for Citadel 4 Storage at Ten Mile H-2016-0114. These items are scheduled to be on the City Council agenda on November 15, 2016. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Jim/Marcel - Please submit any written response you may have to the recommendations in the report to the City Clerk’s office ( cjcoles@meridiancity.org , mhill@meridiancity.org ) and myself (e-mail or fax) as soon as possible. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6S PROJECT NUMBER: H-2016-0121 ITEM TITLE: Knighthill Center Subdivision Findings of Fact, Conclusions of Law for Approval for Knighthill Center Subdivision No 2 H-2016-0121 by James R Wylie IV Located at 6241 N Linder Road 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0121 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Short Plat Consisting of Two (2) Commercial Building Lots on 3.04 Acres in the C-G Zoning District, for Knighthill Center Subdivision No. 2, Located at 6241 N. Linder Road, by James R. Wylie. Case No(s). H-2016-0121 For the City Council Hearing Date of: November 22, 2016 (Findings on December 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 22, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 22, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 22, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 22, 2016, 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). H-2016-0121 - 2 - 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 November 22, 2016, 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 Short Plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of November 22, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short 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). 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0121 - 3 - 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 November 22, 2016 By action of the City Council at its regular meeting held on the day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED Yf,-6 COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED Yfl- COUNCIL MEMBER GENESIS MILAM VOTED ---1 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) -------------------- Mayor Ta4f=yAe Weerd Attest: VJ)AUGUST n City 0 C. (Jay Cols SEAL City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. 'e By: Dated: /Z City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0121 -4- EXHIBIT A Knighthill Center No. 2 Subdivision – H-2016-0121 PAGE 1 STAFF REPORT HEARING DATE: November 22, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Knighthill Center Subdivision No. 2 – H-2016-0121 I. APPLICATION SUMMARY The applicant, James R. Wylie, has applied for short plat (SHP) approval of two (2) commercial lots on 3.04 acres of land in the C-G zoning district. II. STAFF RECOMMENDATION Based on the criteria noted in UDC 11-6B-5, Staff finds the proposed plat is eligible to be processed as a short plat. Therefore, Staff recommends approval of the proposed short plat with the conditions and Findings stated in this report. The Meridian City Council heard this item on November 22, 2016. At the public hearing, the Council approved the subject SHP request. a. Summary of City Council Public Hearing: i. In favor: Will Mason ii. In opposition: None iii. Commenting: Lindsay and Weston McCausland iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. Traffic through the existing commercial development ii. Potential to install a stop sign within the commercial development iii. Trash that has been dumped on the vacant property within the Knighthill Center Subdivision. iv. Height of the proposed building c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval I move to approve File Number H-2016-0121 as presented in the staff report for the hearing date of November 22, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0121, as presented during the hearing on November 22, 2016, for the following reasons: (You should state specific reasons for denial.) EXHIBIT A Knighthill Center No. 2 Subdivision – H-2016-0121 PAGE 2 Continuance I move to continue File Number H-2016-0121 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. PROCESS FACTS a. The subject application will in fact constitute a short plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-3, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: October 31, and November 14, 2016 c. Radius notices mailed to properties within 300 feet on: October 28, 2016 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 6241 N. Linder Road, in the NE ¼ of Section 26, Township 4N., Range 1W. B. Applicant/Agent(s): James R. Wylie IV 1676 N. Claredon Way Eagle, ID 83616 C. Owner: Knighthill, LLC 1676 N. Claredon Way Eagle, ID 83616 D. History: In 2013, Council approved a variance (VAR-13-002) application granting a right-in/right-out access to Chinden Boulevard. In 2013, the City Council approved a preliminary plat (PP-13-031) consisting of five (5) commercial lots and one (1) common lot on approximately 9.11 acres of land and a development agreement modification (MDA-13-019) to incorporate a new concept plan and update certain provisions relevant to the proposed preliminary plat. In 2014, the property received final plat approval (FP-14-020) for five commercial lots. Also, in 2014, the property received Certificate of Zoning Compliance and Design Review for the property (CZC-14-053 & DES-14-048) and conditional use permit approval for a drive-through (CUP-14-004). In 2016 the property received certificate of zoning compliance and Design Review approval for Black Rock Coffee (A-2016-0088) and for a multi-tenant building called Knighthill Center Retail Shell (A-2016-0142). VI. STAFF ANALYSIS The proposed short plat depicts two (2) commercial lots on 3.04 acres of land in a C-G zoning district. The proposed plat is a re-subdivision of Lot 2, Block 1 of Knighthill Center Subdivision. EXHIBIT A Knighthill Center No. 2 Subdivision – H-2016-0121 PAGE 3 Access to the site is provided to W. Chinden Blvd. and N. Linder Road through a cross access easement for access roads. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the final plat to be in substantial compliance with said requirements to recommend approval as proposed. VII. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved preliminary plat and final plat and development agreement (PP-13-031; FP-14-020; Instrument No.114014784) for this subdivision. 2. Except for the access points approved by the Knighthill Center Subdivision, direct access to W. Chinden Blvd. and N. Linder Road is prohibited. 3. The final plat prepared by Mason and Stanfield, Inc., stamped on October 12, 2016 by Darin Holzhey is approved as shown. 4. If the City Engineer’s signature has not been obtained within two (2) years of the City Council’s approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 5. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 6. Prior to applying for a building permit for Lots 1 and 2, Block 1, the applicant shall obtain the Planning Division’s approval of a certificate of zoning compliance and design review application. Future development shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Architectural Standards. VIII. ONGOING CONDITIONS OF APPROVAL 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. 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. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. 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. IX. GENERAL REQUIREMENTS 1. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 2. All development improvements, including but not limited to fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 3. 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. EXHIBIT A Knighthill Center No. 2 Subdivision – H-2016-0121 PAGE 4 4. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 5. Developer shall coordinate mailbox locations with the Meridian Post Office. 6. All grading of the site shall be performed in conformance with MCC 11-12-3H. 7. 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. 8. 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. 9. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 10. 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. 11. 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. X. EXHIBITS A. Vicinity Map B. Proposed Short Plat (dated: 10/12/2016) C. Required Findings from the Unified Development Code EXHIBIT A Knighthill Center No. 2 Subdivision – H-2016-0121 PAGE 5 Exhibit A – Vicinity Map EXHIBIT A Knighthill Center No. 2 Subdivision – H-2016-0121 PAGE 6 Exhibit B – Proposed Short Plat (dated: 10/12/2016) EXHIBIT A Knighthill Center No. 2 Subdivision – H-2016-0121 PAGE 7 Exhibit C – Required Findings from the Unified Development Code In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed Use-Community The current zoning district of the site is C-G. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-G district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer’s expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future tenants will be fire and police services. E. The development will not be detrimental to the public health, safety or general welfare; and Staff recognizes the fact that traffic and noise may increase with the approval of this subdivision; however, staff does not believe that any additional amount generated will be detrimental to the general welfare of the public in the surrounding area. Staff finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting r, A-rr_. rlot-omhzr R 9016 ITEM NUMBER: PROJECT NUMBER: H-2016-0111 ITEM TITLE: Linder Road Apartments Findings of Fact, Conclusions of Law for Approval for Linder Road Apartments (H -2016- 0111) H-2016-0111) by S 3 Investments LP, Located at 1770 S. Linder Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes .,, r -r ize ncc►rF FINAL ACTION CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0111 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 4.55 Acres of Land with an R-15 Zoning District; and Conditional Use Permit for a Multi-Family Development Consisting of 63 Dwelling Units in an R-15 Zoning District on 4.35 Acres of Land, by S 3 Investments, LP. Case No(s). H-2016-0111 For the City Council Hearing Date of: November 15, 2016 (Findings on December 6, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 15, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 15, 2016, 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 in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0111 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 15, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for Annexation & Zoning and Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 15, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0111 - 3 - 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 November 15, 2016 By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MIL,AM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Ta W " "GUSTr, P4 19U Attest: � w CAy Coles. City Clerk day of De , ; VOTED .f VOTED VOTED k VOTED VOTED VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: f Dated City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2016-0111 - 4 - EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 1 STAFF REPORT Hearing Date: November 15, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Linder Road Apartments – AZ, CUP (H-2016-0111) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, S 3 Investments, LP, has submitted an application for Annexation and Zoning (AZ) of 4.55 acres of land with an R-15 zoning district; and Conditional Use Permit (CUP) for a multi-family development consisting of 63 dwelling units in an R-15 zoning district on 4.35 acres of land. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on October 20, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Kent Brown, Applicant’s Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Kent Brown, Applicant’s Representative - in agreement with staff report v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. In favor of the proposed use and density. d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on November 15, 2016. At the public hearing, the Council approved the subject AZ and CUP requests. a. Summary of City Council Public Hearing: i. In favor: Kent Brown, Applicant’s Representative i. In opposition: None ii. Commenting: None iii. Written testimony: Kent Brown, Applicant’s Representative (in agreement with staff report) iv. Staff presenting application: Sonya Allen EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 2 v. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0111, as presented in the staff report for the hearing date of November 15, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0111, as presented during the hearing on November 15, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0111 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 1770 N. Linder Road, in the northwest ¼ of Section 24, Township 3 North, Range 1 West. (Parcel #: S1224223550) B. Owner(s): Phoebe S. Gray 1770 S. Linder Road Meridian, ID 83642 C. Applicant: S 3 Investments, LP 1937 S. Roosevelt St. Boise, ID 83705 D. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Drive Meridian, Idaho 83642 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 3 and 17, 2016 (Commission); October 24 and November 7, 2016 (City Council) EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 3 C. Radius notices mailed to properties within 300 feet on: September 23, 2016 (Commission); October 21, 2016 (City Council) D. Applicant posted notice on site(s) on: October 7, 2016 (Commission); November 4, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Vacant/undeveloped property, zoned RUT in Ada County 2. East: Rural residential and indoor/outdoor entertainment (Idaho Party Barn), zoned R-8 3. South: Single-family residential homes in the development process (Fall Creek Subdivision), zoned R-8 4. West: S. Linder Road and future commercial uses, zoned C-C C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists in S. Linder Road. b. Location of water: A water main intended to provide service to the subject site currently exists in S. Linder Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: A concrete irrigation ditch runs off-site along the southern boundary of this site. Another ditch runs along the north boundary of the site and appears to be off-site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. 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 a multi-family development on this 4.35 acre site. Sixteen (16) 4-plex structures are proposed consisting of a total of 63 dwelling units (and a management office) at a gross density of 14.71 units per acre. Because the proposed density exceeds that desired in MDR designated areas of 3 to 8 units per acre, the applicant requests Council consideration of a “step up” in density without an amendment to the future land use map as allowed in the Comprehensive Plan (pg. 21). The next “step up” in density is Medium High Density Residential (MHDR) which allows for the development of a mix of relatively dense residential housing types including townhouses, EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 4 condominiums and apartments. Residential gross densities should range from 8 to 15 units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The proposed apartments are consistent with the type of use desired in MHDR designated areas as is the proposed R-15 zoning, density, and mixed use commercial and mixed employment future land use designations of property in the nearby vicinity. The proposed residential units should provide housing options in close proximity to these future uses; and the future uses should provide services for these residents. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • “Support 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.” (3.07.01E) The proposed MHDR development will contribute to the variety of residential categories that currently exist in this area (i.e. low and medium density). Staff is unaware of how “affordable” the units will be. • “Provide housing options close to employment and shopping centers.” (3.07.02D) Because of its location in close proximity to future mixed use commercial and employment centers, this property is ideal for providing higher density housing options. • “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The proposed MHDR development is located in close proximity to major access thoroughfares (i.e. S. Linder Road, W. Overland Road, and I-84). A segment of the City’s regional pathway system is also designated along the frontage of this site adjacent to N. Linder Road. A City Park is also located approximately a half mile away to the east along Stoddard Road in Bear Creek Subdivision. • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The only existing adjacent residential property is to the east where the Idaho Party Barn is also located. Staff feels the proposed use should be compatible with those uses. • “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The City’s multi-use pathway system, a segment of which is proposed along the frontage of this site on Linder Road, will eventually connect Meridian with adjacent cities. • “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. EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 5 • “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) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. • “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of the community pathway system.” (3.03.03B) No pathways are proposed to adjacent properties from this development. A segment of the City’s multi-use pathway system runs along the frontage of this site on Linder Road which will promote neighborhood connectivity. Staff recommends a pathway connection is stubbed to the north and east boundaries for future pedestrian interconnectivity. • “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) COMPASS has submitted comments on this application that suggest adding a pathway (as proposed and designated in the Pathways Master Plan) and bike lanes along Linder Road. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District: 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 (UDC 11-2A-1). The medium high-density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-15 zoning district. Any use not explicitly listed is prohibited. A multi-family development is listed as a conditional use in the R-15 district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district. D. Landscaping: Landscaping is required within parking areas in accordance with the standards listed in UDC 11-3B-8C; within street buffers in accord with UDC 11-3B-7C; and within common areas and along street-facing elevations in accord with UDC 11-3G-3 and 11-4-3-27F. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings. F. Structure and Site Design Standards: The proposed multi-family development must comply with the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ): The applicant proposes to annex & zone 4.55 acres of land with an R-15 zoning district consistent with the requested “step up” in density to MHDR. The proposed density of 14.71 units per acre is consistent with that allowed in the R-15 district. The applicant has submitted a site plan, included in Exhibit A.2, that depicts (16) 4-plex structures with a total of 63 dwelling units and 1 management office. These structures are proposed to be located on one parcel. EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 6 The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. B. Conditional Use Permit (CUP): A CUP is requested for a multi-family development in the proposed R-15 zoning district as required by UDC Table 11-2A-2. The proposed multi-family development consists of a total of 63 dwelling units (plus 1 unit for a property management office) in (16) 4-plex structures on 4.35 acres of land. All of the units are proposed to be 2-bedroom units. The project is proposed to develop at one time and not be phased. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: (Staff’s comments in italics) • A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. Floor plans were not submitted with this application; however, the applicant states patios and balconies will be provided for each unit in accord with this requirement. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance 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 map of the development at an entrance or convenient location for those entering the development. The applicant’s narrative states that one of the units will house a property management office which will also be used for maintenance storage. The site plan submitted with the Certificate of Zoning Compliance application should depict all of the aforementioned items. • 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. All of the proposed units are between 500 and 1,200 square feet; therefore, a minimum of 15,750 square feet (or 0.36 of an acre) of common open space is required for this development based on 63 units. A total of 1.99 acres (or 44.6%) of qualified open space is proposed in accord with this requirement. • For multi-family developments between 20 and 75 units, 3 site amenities are required to be provided, one from each category as listed in UDC 11-4-3-27D. The applicant proposes two (2) large open grassy play areas, a covered BBQ area, a tot lot with playground equipment, a sport court, bicycle maintenance station and segment of the City’s multi-use pathway. These amenities fall within the quality of life, open space and recreation categories as required. • 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 plants. The landscape plan depicts landscaping along the EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 7 foundations of all of the structures, including those that face N. Linder Road; however, the type of plantings need to comply with the aforementioned requirement. • 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 prior to issuance of the first Certificate of Occupancy. Access: Access for the site is proposed via S. Linder Road; no other stub streets are proposed to adjacent properties and no stub streets exist to this site. Because the properties to the north and east are designated MDR on the FLUM; staff does not recommend driveways are stubbed to those properties for future extension. ACHD is requiring access for the site to be limited to a right-in/right-out via S. Linder Road and 23 additional feet of right-of-way (for a total of 48 feet from centerline) to be dedicated to expand Linder Road. This change will require a modification to the site and landscape plans to accommodate the additional width and relocation of the street buffer and pathway. Because the eastern north/south drive aisle is over 150 feet in length, the Fire Department is requiring an emergency turn around to be provided at the south end of the drive aisle in accord with IFC requirements (see Condition #4.3 in Exhibit B). Parking: For multi-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6, which requires 2 parking spaces per dwelling unit with at least one of those in a covered carport or garage. For non-residential uses such as the management office, one off-street parking space per 500 square feet (s.f.) of gross floor area is required. Based on (63) 2-bedroom units, a minimum of 126 parking spaces are required, 63 of which are required to be covered. The site plan depicts a total of 130 spaces, 65 of which are covered by carports. The management office consists of 950 s.f. which requires one space. The overall number of required spaces is 127; the proposed number is 130 in accord with UDC standards. Some parking spaces will likely be removed with the addition of an emergency turnaround; without extra spaces for guests to park, staff is concerned guests may park in the turnaround area. No parking signs or striping should indicate parking in this area is not allowed. 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. The applicant proposes a total of 6 bicycle racks each containing 5 spaces, interspersed throughout the development. The plans submitted with the Certificate of Zoning Compliance application should include a detail of the bicycle racks that comply with the standards listed in UDC 11-3C-5C. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C. A buffer to adjoining land uses is not required. A 25-foot wide street buffer is required to be provided along S. Linder Road, an arterial street per UDC Table 11-2A-8, and must be landscaped in accord with the standards listed in UDC 11-3B-7C. Mitigation: There are existing trees on this site. The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site to determine mitigation requirements. Pathway: A 10-foot wide multi-use detached pathway is required along S. Linder Road in accord with the Pathways Master Plan. No pathways are proposed to adjacent properties. EXHIBIT A Linder Road Apartments –AZ, CUP H-2016-0111 PAGE 8 Staff recommends pathway stubs are provided to the north and east boundaries of the site for future pedestrian interconnectivity. Trash Enclosure: Two (2) trash enclosures are proposed on the site; both should accommodate recycling. Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of the trash enclosures prior to submittal of the Certificate of Zoning Compliance application. Building Elevations: Two types of multi-family structures are proposed within the development as shown in Exhibit A.4. Building material consist of a mix of horizontal and vertical siding with stone veneer accents. The two building types appear to be identical except that they have different roof forms. Variety in the architectural character of the structures and design should be provided as set forth in the Architectural Standards Manual (ASM). Windows are required on all elevations that face pathways and areas used for children’s recreation to allow views of these areas. 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 11-5B-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 generally consistent with the elevations and site plan submitted with this application and the standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. In summary, Staff recommends approval of the proposed AZ and CUP applications with the development agreement provisions and conditions included in Exhibit B of this report in accord with the findings contained in Exhibit D if Council determines a “step” up in density from MDR to MHDR is appropriate for this site. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: 9/9/16) 3. Proposed Landscape Plan (dated: 9/9/16) – NOT APPROVED 4. Proposed Building Elevations & Renderings B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning/Aerial Map EXHIBIT A - 2 - Exhibit A.2: Proposed Site Plan (dated: 9/9/16) EXHIBIT A - 3 - Exhibit A.3: Proposed Landscape Plan (dated: 9/9/2016) – NOT APPROVED EXHIBIT A - 4 - EXHIBIT A - 5 - Exhibit A.4: Proposed Building Elevations & Renderings EXHIBIT A - 6 - EXHIBIT A - 7 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 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 Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of the subject property shall be generally consistent with the site plan, landscape plan, building elevations and conditions contained herein. b. The existing home and associated outbuildings shall be removed from the site prior to issuance of any building permits. c. A maximum of 63 residential dwelling units shall be constructed within this development as proposed. d. Future development shall comply with the structure and design standards listed in UDC 11- 3A-19 and the residential design standards contained in the Architectural Standards Manual (ASM). Variety is required to be provided within the development as set forth in the ASM (Goal R1.20). Windows are required on facades that face a pedestrian area or common area used for children’s recreation to allow view of these areas in accord with the ASM (R4.3A). e. At a minimum, site amenities shall be provided for this development from each of the amenity categories as follows: 2 large open grassy play areas, a covered BBQ area, a tot lot with playground equipment, a sport court, bicycle maintenance station and segment of the City’s multi-use pathway in accord with the standards listed in UDC 11-4-3-27D. 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. A recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy for the first structure within the development. b. Submit floor plans for the units that demonstrate compliance with UDC 11-4-3-27B.3 which requires a minimum of 80 square feet (s.f.) of private useable open space to be provided for each unit. 1.1.3 The site plan included in Exhibit A.2, dated 9/9/16, shall be modified as follows: a. Depict 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 map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. Depict the additional right-of-way (totaling 48 feet from centerline) as required by ACHD to widen Linder Road. Shift the 25-foot wide street buffer and 10-foot wide multi-use pathway to the east accordingly. d. Depict an emergency turnaround as required by the Fire Department at the southeast corner of the site in accord with IFC standards per condition #4.3 below. EXHIBIT A - 8 - e. Depict minimum 5-foot wide pathway stubs to the north and east property boundaries with 5 feet of landscaping on either side. 1.1.4 The landscape plan included in Exhibit A.4, dated 9/9/16, shall be revised as follows: a. Depict additional right-of-way (totaling 48 feet from centerline) as required by ACHD to widen Linder Road. Shift the 25-foot wide street buffer and 10-foot wide multi-use pathway to the east accordingly. b. Depict an emergency turnaround as required by the Fire Department at the southeast corner of the site in accord with IFC standards per condition #4.3 below. c. Depict minimum 5-foot wide pathway stubs to the north and east property boundaries with 5 feet of landscaping on either side in accord with the standards listed in UDC 11-3B-12C. d. All street facing elevations along S. Linder Road 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. 1.1.5 “No parking” signs or striping should indicate parking in the emergency turn around area is not allowed. 1.1.6 All fencing shall comply with the standards listed in UDC 11-3A-6 and 11-3A-7. 1.1.7 All storm drainage areas included in the qualified open space calculations shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. 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 11-3B-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 11-3B-5J. 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 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 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. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. EXHIBIT A - 9 - 1.2.13 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the standards contained in the Architectural Standards Manual. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.15 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2.16 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-5B-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. 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 permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.2 Applicant shall minimize dead end water mains, and shall install fire hydrants at dead ends in lieu of blow-offs. 2.1.3 Applicant shall dedicate 20-foot wide water main easements from the north end of the north-south main to the subdivision boundary, and from the south end of the north-south main to the east subdivision boundary. These easement are intended to provide for future loop extensions into adjacent parcels at the time development occurs. 2.1.4 Applicant shall be required to abandon the existing water main stub that is north of the proposed connection point on S. Linder Road per Meridian Public Works Department Standards. 2.1.5 The timing for the issuance of building permits shall be after the satisfactory completion of the following pre-requisite items: a. The domestic water system shall be installed, tested, and activated so that fire hydrants are available during construction. b. The sanitary sewer system shall be installed and tested. EXHIBIT A - 10 - c. At a minimum, a compacted gravel road base shall be in place that will support the weight of a fire apparatus (75,000 lbs). d. At a minimum, temporary street signs will need to be in place. 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. 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 signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). 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. 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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 EXHIBIT A - 11 - 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 improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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 11-1-4B. 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. 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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 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. EXHIBIT A - 12 - 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. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.2 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 ½” 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 ½” 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. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 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. 4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 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. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. EXHIBIT A - 13 - 4.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.13 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.14 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.15 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.16 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.17 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Coordinate with Bob Olson, Republic Services (208-345-1265) on the location and design of the trash enclosure(s) that includes recycling prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site to determine mitigation requirements. 6.2 Construct a 10-foot wide detached multi-use pathway along the frontage of this site on N. Linder Road in accord with the Pathways Master Plan. EXHIBIT A - 14 - 6.3 Submit a 14-foot wide easement for the multi-use pathway along Linder Road; coordinate the details of the easement with Jay Gibbons, Pathways Project Manager, 208-888-3579. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate additional 23-feet of right-of-way to total 48-feet of right-of-way from centerline of Linder Road abutting the site. 7.1.2 Construct a detached 5-foot wide concrete sidewalk located minimum 42-feet from centerline of Linder Road abutting the site. 7.1.3 Provide the District with a permanent right-of-way easement for any sidewalk located outside of the right-of-way. 7.1.4 Widen the pavement to minimum 17-feet from centerline, plus a 3-foot wide gravel shoulder along Linder Road abutting the entire site. 7.1.5 Construct a 25-foot wide curb return driveway and raised 6-inch median to restrict to right- in/right-out, located 418-feet south of Overland Drive and 196-feet north of Spanish Sun Way, onto Linder Road from the site. 7.1.6 Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway from Linder Road. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 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 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 EXHIBIT A - 15 - 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 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. EXHIBIT A - 16 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary EXHIBIT A - 17 - EXHIBIT A - 18 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING: 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 City Council finds that the proposed map amendment to R-15 is consistent with the Comprehensive Plan with approval of a “step up” in density from MDR to MHDR. (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 City Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement of 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 City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 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 the proposed annexation of this property is in the best interest of the City with approval of a step up in density from MDR to MHDR if the applicant develops the site in accord with the conditions listed in Exhibit B as discussed above in Section VII. 2. 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 the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-15 zoning district and the specific use standards for multi-family developments. EXHIBIT A - 19 - 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 will be harmonious with the Comprehensive Plan if Council determines a “step” up in density is appropriate for this site. The proposed use is in accord with UDC requirements. 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 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. 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. Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6U PROJECT NUMBER: H-2016-0122 ITEM TITLE: Verado Subdivision No. 1 Final Order for Verado Subdivision No. 1 (H-2016-0122) by DevCo., LLC Located Southeast Corner of N. Locust Grove Road and E. Ustick Road 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERADO NO. 1 (H-2016-0122) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 22, 2016 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF EIGHTY ONE (81) SINGLE FAMILY RESIDENTIAL BUILDING LOTS AND FIFTEEN (15) COMMON LOTS ON APPROXIMATELY 14.87 ACRES IN THE R-8 AND R-15 ZONING DISTRICTS FOR VERADO SUBDIVISION NO. 1. BY: DEVCO, LLC APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2016-0122 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 22, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING VERADO SUBDIVISION NO. 1, LOCATED IN NE ¼ OF SECTION 5, TOWNSHIP 3N, RANGE 1E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, CARL PORTER, PLS, SHEET 1 OF 5,” is conditionally approved subject to those conditions of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERADO NO. 1 (H-2016-0122) Page 2 of 3 Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 22, 2016, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of , 2016. �`� Aucvsrl 4U�P 103 U� U Of ��3'��m.✓ 2 C+<9 �j ivoko ate~ Attest: C.Jay Coles° City Clerk By: Tammy d erd Mayor, i of Meridian Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: r I_ '`� Dated:.` ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERADO NO. 1 (H-2016-0122) Page 3 of 3 EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 1 STAFF REPORT MEETING DATE: November 22, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Verado Subdivision No. 1- FP (H-2016-0122) I. APPLICATION SUMMARY The applicant, DevCo, LLC, has applied for final plat (FP) approval of (81) single-family residential building lots and (15) common area lots on 14.87 acres of land in R-8 and R-15 zoning districts for Verado Subdivision No. 1. II. STAFF RECOMMENDATION Staff recommends approval of the Verado Subdivision No. 1 final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0122 as presented in the staff report for the hearing date of November 22, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0122, as presented during the hearing on November 22, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0122 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 subject property is located near the southest corner of N. Locust Grove Road and E. Ustick Road , in the NE ¼ of Section 5, T. 3N., R. 1E. B. Applicant: DevCo, LLC 4824 W. Fairview Ave. Meridian, Idaho 83706 C. Owner: C4 Land, LLC 4824 W. Fairview Ave. Boise, ID 83706 EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 2 D. Representative: Conger Management Group 4824 W. Fairview Ave. Boise, ID 83706 V. STAFF ANALYSIS The proposed final plat depicts 81 building lots and 15 common area lots on 14.87 acres of land in the R-8 and R-15 zoning districts. All of the lots proposed in this subdivision are for single-family attached and detached homes and comply with the dimensional standards of the R -8 and R-15 zoning districts listed in UDC Table 11-2A-6 and 11-2A-7 respectively. The applicant is proposing to construct the entire landscape buffer along Ustick Road, a park with benches, a half basketball court and a boulder garden. There are several other common lots proposed for the phase as well. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation and preliminary plat (H-2016-0047). 2. The applicant shall obtain the City Engineer’s signature on the final plat by July 15, 2018; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Sawtooth Land Surveying, stamped and dated on 10/01/16 by Carl Porter PLS, shall be revised prior to City Engineer signature on the final plat as follows: a. Complete the recording instrument number reference for the ACHD license agreement on note #13. b. Complete the recording instrument number reference for the development agreement on note #14. c. Remove the text “said lots 3 and 4 Block 7 contain common driveways for the purpose of ingress/egress.” This does not seem to be applicable to this project. d. Prior to obtaining City Engineer’s signature on the final plat, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures that take access from common driveways. 5. The landscape plan prepared by TO Engineers, dated 10/01/16, shall be revised as follows: a. All fencing installed on the site must comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Fencing on the north side of lots 32-36, Block 4 shall be consistent with UDC 11-3A-6. Fencing adjacent to Lot 14, Block 4 (Landscape Plan) shall be open vision fencing and shall meet the requirement of UDC 11-3A-7. Fencing adjacent to the other common lots and amenities appears to meet the requirements of the UDC. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 3 b. The South Slough is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11-3A-6B. c. Fencing adjacent to all common lots shall meet with the standards set forth in UDC 11- 3A-7. d. Lot 14, Block 4 (Landscape Plan) shall be landscaped in accord with UDC 11-3B-12. e. Prior to the City Engineer’s signature on the final plat, the applicant shall submit a detail of the playground equipment and seating area on Lot 8, Block 3 with the final plat application. 6. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 7. Comply with the stormwater integration standards listed in UDC 11-3B-11C. 8. Prior to the issuance of a building permit, the applicant shall record a final plat. 9. All existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 10. Future homes constructed within this development shall comply with the conceptual building elevations and materials approved with the preliminary plat. 11. A DES application is required to be submitted prior to issuance of building permits for the single- family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and modulation for each unit. The applicant must comply with the design standards in the Architectural Standards Manual. 12. Applicant shall be required to extend 12-inch diameter water mains in N. Verado Avenue, E. Ringneck Street , N. Devlin Way, and in E. Kamay Street from the connection point to the existing 10-inch diameter main on the south boundary. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 4 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, pr ior to the issuance of a plan approval letter. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. 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. 15. 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. 16. 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. 17. 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. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 5 Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 execut ed 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year -round source of water (MCC 9-1-28.C.1). 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 development plan approval. 24. 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. VIII. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 04/07/16) C. Proposed Final Plat (dated: 10/01/16) D. Proposed Landscape Plan (dated: 10/01/16) EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 6 Exhibit A – Vicinity Map EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 7 Exhibit B – Approved Preliminary Plat (dated: 04/07/16) EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 8 Exhibit C – Proposed Final Plat (dated: 10/01/16) EXHIBIT A Verado Subdivision No. 1 – FP H-2016-0122 PAGE 9 Exhibit D –Proposed Landscape Plan (dated: 10/01/16) Meridian City Council Meeting DATE: December 6, 2016 ITEM TITLE: Verado Subdivision ITEM NUMBER: 6V PROJECT NUMBER: H-2016-0047 Development Agreement for Verado Subdivision -H-2016-0047 with din 15, LC locaNE ltedof near the southeast corner of N. Locust Grove Road and E. UI Section 5, Township 3N., Range 1 E MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes .., ncmt-= J=iNai ACTION ADA COUNTY RECORDER Christopher D. Rich 2016-119079 BOISE IDAHO Pgs=54 BONNIE OBERBILLIG 12/08/2016 01:23 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. C15, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 11p day of _mb, ( -, 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITS'" whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C1.5, LEC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, hereinafter called OWNEW DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, ire 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 Ower/Developer make a written commitment concerning the Use or development of the subject Property; and 1,3 WHEREAS, City.has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements uponthe annexation 'and/or re -zoning of land; and 1A WHEREAS, Owner/Developer has submitted an application for the annexation and zoning, of approximately *19,35 acres of land from the RUT zoning district in Ada .County to the R=8 (Medium Density Residential) (7.89acres) and R-15 (Medium -High Density, Residential) (11.46) zoning districts (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—VERADO SUBDIVISION (H-2016-0047 PAG61 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 furthertestimony and comment; and 1.7 WHEREAS, on the 50' day of July, 2016, 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 ofthis 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 amunicipal 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 Cl 5, LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706, the party that own and are DEVELOPMENT AGREEMENT - VERADO SUBDIVISION (H-2016-0047) PAGE 2 or 8 0 developing said Property and shall include any subsequent owners)/developers 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 Density Residential (R-8) and Medium -High Density Residential (R-15) Districts 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. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4 of the Staff Report in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B,. Future homes adjacent to E. Ustick Road (Lots 2-10, Block 1, and Lots 2-10, Block 2) shall incorporate a mix of materials, windows and decorative trim, and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial street. c. The applicant shall obtain awaiver from City Council to UDC 11 -3A -6A in order forthe South Slough to remain open and not be piped due to the large capacity of the facility. If a waiver is not obtained, the waterway is required to be piped. d. The landscape buffers along E. Ustick Road must be constructed with the first phase of development. e. The developer shall provide the amenities within the central common area on Lot 8, Blook 3, a segment of the City's multi -use recreational pathway and pathways through internal common areas as proposed on the landscape plan in Exhibit A.3 of the Staff Report in the Findings of Fact and Conclusions of Law attached hereto as Exhibit B, and in accord with the qualified site amenity requirements listed in UDC 11--3G-3C. b. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT -VERADO SUBDIWSION (H-2016-0047) PAGE 3 OF 8 fir' 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 nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT—VERADO SUBDIVISION (H-2016-0047) PAGE 4 or 8 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 ofthe 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, postageprepaid, return receipt requested, addressed as follows: CITY: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: C15, LLC 4824 W. Fairview Avenue Boise, ID 83709 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT- VERADO SUBDIVISION (H-2016-0047) PAGE 5 or 8 m 14.1 A parry 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 perforin. 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 performedtheir obligations underthis 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 othei wise expressly provided, each parry 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 thein or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENTAGREEMENT-VERADO SUBDIVISION (H-2016-0047) PAGE 6 or• 8 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 withoutthe 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. 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/DEVELOPE' R: C15, LLC AT TES ". - rf Jay i, City Clerk CITY OF MERIDIAN By: May T mmy de Weerd QS7fl' It) pji � DEVELOPMENT AaREEMENT--VERADO SUBDIVISION (H-2016-0047) NOE 7 OF 8 STATE OF IDAHO" ) . ss: County of Ada, ) On this Zt day of 'j�0ve,,,,,6>., , 2016, before me, the undersigned, allotaly Public iii and for said State, personally appeared _ '-14 VA& a,- , l sown or identified to me to be the of C15, LLC and acicnowledged'to nye that he executed the same on behalf of said. corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written,, O's—,,AV, .(n06 SEAL P i (. ) Ay � OT Ail r MY oil �r+e oe9 �'UBL ae`O ; STATE OF IDAHO ) Notary Public for Idaho Residing at: My Commission Expires: 7.t2tq SS County of Ada ) On this L day of , 2016, before me, a Notary :Public,. �ersonall. a eared `I'a�mila de Weerd and ' 1 Y pp Y �z�; . now or idenfiified fo me to be fireC 0 Mayor and Cleric, respectively, of the City of Meridian, ,Nho executed the instr•unlent or the person that executed the instrument of behalf of said City, and aclulowledged to i-ne 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. ��4f/t09fD®gid° G� `tea, Notary Public for Idaho j# Us Residing at; aLa 4(-A' Commission expires: DEVELOPMEN•r AGREEMENT- VERADO SUBDIVISION (H-2016-0047) PAGE 8 Or 8 Exhibit A STAFF REPORT Hearing Date: June 21, 2016 awl TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Verado Subdivision — H-2016-0047 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ) of 20.28 acres of land with both an R-8 zoning district (5.12 acres) an R-15 zoning district (14.23); and a preliminary plat (PP) consisting of 122 building lots and 18 common lots on 19.35 acres of land for Verado Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on Mav 19.2016. At the public hearing, the Commission moved to recommend approval of the subject annexation and zoninj4, and preliminary plat requests. a,. Summary of Commission Public Hearing: L In favor: Jim Conger L In opposition: Jason Brodt, Shannon Graves, Bob Jenkins, Jack Kormouche; Ben Innocent, William Kerwin, Katie McCarnev, Sylvia Jenkins, Rosellen Vjllarea Price, Viclde Thornton. LiCommenting: Bruce Carman, Chris Catherman, Justin Graves, iy, Written testimony: Jim Conger (Applicant) y- Staff presenting application: Josh Beach AL Other staff commenting on application: Andrea Powe b, Key issue(s) of Public Testimony: Increased traffic through the existing subdivisions jj. Appropriateness of the proposed zoning designations for the area iii, The potential to provide a stub street to the adjacent property to the north for future development. Density of the proposed subdivision v Size of theroposed lots yi. Providing the vehicular connection over the South Slough. yii. The transition between the proposed R-15 district and the existing R-8 zoning di trict viii• Two story homes overshadowing the existing one story homes. v Key Issues of Discussion by Commission: Mixture of home types in the development Density of the proposed development iii Appropriateness of the vehicular connection over the South Slough. d.. Commission Change(s) to Staff Recommendation: Verado Subdivision — H-2016-0047 PAGE 1 Exhibit A i. Remove condition 1.1.2C(3) (See condition 1.1.1C). ii. Remove condition 1.1,3Q) (See condition 1.1.3(21. -e— Outstanding Issues) for City Council: i. None The Meridian City Council heard this item on June 21, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: L In favor: Jim Conger ii. In opposition: Robert Jenldns, Randy Pipal iii. Commenting: Robert Jenkins, Randy Pipal, iv. Written testimony: Celina Innocent, Ben Innocent, Randy Pipal v. Staff presenting application: Josh Beach A. Other staff commenting on application: Caleb Hood, Bill Nary b. Key Issues of Discussion by Council: i. Overall density of the plat. ii. Locations of both the R-8 and R-15 zoning districts within the development. iii. The transition from the R-8 lots on the north side opf the South Slough, to the R-4 lots on the south side. iv. Cross -access to the Ada County Parcel to the northwest of the subdivision, and the wording of he easement. c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recoimnend approval to the City Council of File Number H-2016-0047, as presented in the staff report for the hearing date of May 19, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0047, as presented during the hearing on May 19, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0047 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 near the southeast corner of N. Locust Grove Road and E. Ustick Road in the NE 1/a of Section 5, Township 3N., Range 1E. B. Owners: The Vern R. and Angelina P. Alleman Trust 11440 W. Darkwood Street Star, ID 83669 Verado Subdivision — H-2016-0047 PAGE 2 Exhibit A C. Applicant: DevCo, LLC 4824 W. Fairview Ave. Boise, ID 83706 D. Representative: Conger Management Group 4824 W. Fairview Ave. Boise, ID 83706 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: May 2 and 16, 2016 (Commission) C. Radius notices mailed to properties within 300 feet on: April 28, 2016 (Commission) D. Applicant posted notice on site(s) on: May 9, 2016 (Commission) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of agricultural property and three single-family homes, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Ustick Road; Single-family residential properties in Summerfield and Champion Park Subdivision, zoned R-4 and R-8. 2. East: Single-family residential properties in Packard Acres subdivision, zoned R-4 and county residences, zoned RUT in Ada County. 3. South: Single-family residential properties in Packard Acres Subdivision, zoned R-4, and Single-family residential properties in Chamberlain Estates Subdivision, zoned R-8. 4. West: Single-family residential properties in Chamberlain Estates Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed development currently exist in E. Kamay Drive near the southwest corner of this parcel. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development in N. E. Ustick Road as well as two stub streets coming into this parcel. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development, and upsize the main connecting N. Devlin Way to E. Ustick Road to a 12 -inch diameter main. Verado Subdivision — H-2016-0047 PAGE 3 Exhibit A E. Physical Features: 1. Canals/Ditches Irrigation: The South Slough traverses the property. This waterway will remain open as part of the subject development. 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 this 19.35 acre site with 122 single-family residential stiuctures. The structures will be a mix of attached and detached single-family residential homes. The project will have a gross density of 6.30 dwelling units per acre (d.u./acre) and a net density of 9.80 d.u./acre, which is consistent with the density desired in MDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "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." (3.07.01E) The proposed single-family attached and detached dwellings will contribute to the variety of housing types available within the City. "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 services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC I1 -3A-21. "Require coimnon area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 2.03 acres (or 10.5%) of qualified open space in accord with the requirements listed in UDCJ1-3G-3.Additonal open space is being requested to enhance pedestrian connectivity and to accommodate the residences on the south side of the South Slough. "Implement the City's Pathways Master Plan." (5.03.01A) A segment of the Cio;'s multi -use pathway system is designated on the Master Pathways Plan on this site along the north side of the South Slough. This segment of the pathway must be 10 feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in accord with UDC I1 -3B-12. All pathways shall be installed with the first phase of development. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts connections to existing stub streets from Chamberlain Estates Subdivision (E. Kamay Drive), and Packard Acres Subdivision (E. Kamay Drive and N. Devlin Way). The applicant also proposes to stub streets to the east and west for future Verado Subdivision — H-2016-0047 PAGE 4 Exhibit A developnient. Staff'also requires that the applicant Reconfigure the northwest corner of the proposed subdivision to allow for redevelopment of parcel# 51105212981. "Require pedestrian access connectors in all new development to link, subdivisions together to promote neighborhood connectivity as part of a connnunity pathway system." (3.03.03B) The applicant will construct the 10 foot multi -use pathway along the north side of the South Slough. The applicant is also proposing 5 -foot attached sidewalks that will connect to existing sidewalks to the south, east and west as well as to the proposed sidewalk along E. Ustick Road. Staff is requesting that the applicant realign the pedestrian pathway (Lot12, Block 4) so that it lines up with the proposed pedestrian pathway on Lot 8, Block 3. The preferred location is between Lot 16 and 17, Block 4, so that the pathway aligns with the proposed pathway going south from Lot 8, Block 3. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads." (3.03.02N) The submitted plat depicts one access point to E. Ustick Road as well as connecting to three (3) existing stub streets (E. Kannay St. (two connections), and N. Devlin. Way for interconnectivity). The applicant is proposing to stub a street on the west boundary and one stub street on the east boundary for fixture extension. To ensure the one acre parcel in the northwest corner of the development will have street frontage in the f tture, staff recommends that the applicant shift N. Sumner Park Avenue to the west so that it abuts the parcel and provides public street frontage. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to E. Ustick Road in accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively. "Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services." (3.04.0 111) Staff has coordinated with public works, police and f re and has incorporated their comments and conditions in this report. "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans Drainages) throughout commercial, industrial and residential areas."(5.01.01E) The applicant is proposing to leave the South Slough open, to provide fencing as required by the UDC, to install landscaping, and construct the regional pathway. "Elevate/enhance quality of residential site and subdivision planning." (3.07.02) Staff has included the following recommended changes to the plat to enhance the quality of the design: 1. Provide an additional stub street fi-onn N. Delvin Way to the undeveloped Ada county parcels to the east. 2. Realign the pedestrian pathway (Lot12, Block 4) so that it lines up with the proposed pedestriann pathway on Lot 8, Block 3.Preferred location is between Lot 16 and 17, Block 4. Verado Subdivision — H-2016-0047 PAGE 5 Exhibit A 3. Lots south of N. Devlin Way, should be zoned R-8 in order to offer a transition to the lots in Packard Acres Subdivision, zoned R-4. Lots along the east boundary between N. Devlin Way and E. Ringneck Street should have a rninimami street frontage of 40 feet and a 4, 000 square foot lot sizes. 4. Add an additional open -space lotfor the lots on the south side of the South Slough. Lot 32, Block 4 should be converted to an open space lot and developed with a qualifying amenity as set forth in UDC 11 -3G -3C. 5. Reconfigure the northwest corner of the proposed subdivision to allow for redevelopment of parcel# 51105212981 with public street f tontage For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan. 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-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed uses of the site for single, family attached and detached dwellings are principally permitted uses in the R-8 and R-15 zoning districts. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 and 11-2A-7 for the R-8 and R-15 zoning districts. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-6, 11-2A-7 and UDC 11 -3B -7C for the R-8 and R-15 zoning districts. The proposed micropaths and pathways shall comply with the design standards in accord with UDC 11-3A-8 and UDC 11-313-12. Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for every 20 acres of development area. E. Subdivision Design and hnprovement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family and multi -family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 20.28 acres of land with both R-8 and R- 15 zoning districts. As discussed above in Section VII, staff believes the proposed zoning designations are generally consistent with the policies in the Comprehensive Plan. Verado Subdivision — H-2016-0047 PAGE 6 Exhibit A The applicant proposes to develop 122 new single-family residential attached and detached homes as shown on the preliminary plat included in Exhibit A.2. 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 and is within the Area of City Impact boundary. As noted below, staff is recommending additional land area is zoned R-8. Therefore a revised legal description and exhibit map is required prior to the Council hearing that accurate reflects the correct zoning boundaries of the proposed R-8 zoning district. The City may require a development agreement (DA) in conjunction with an annexation 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. 2. Preliminary Plat The proposed plat consists of 122 building lots and 18 common lots on 19.35 acres of land in a proposed R-8 and R-15 zoning districts (see Exhibit A.2). The gross density for the subdivision is 6.3 d.u./acre with a net density of 9.8 d.u./acre. The average lot size is 4,445 square feet. Plat Improvements: As proposed, staff has several concerns with the design of the proposed subdivision. Prior to the Commission hearing, staff recommends the following revisions to the plat to ensure there is adequate pedestrian and vehicular connectivity to the adjacent County parcels and open space/amenities to commensurate to a development of this size: 1. Provide an additional stub streetfi^orn N. Delvin Way to the undeveloped Ada county parcels to the east. 2. Realign the pedestrian pathway (Lotl2, Block 4) so that it lines up with the proposed pedestrian pathway on Lot 8, Block 3.Preferred location is between Lot 16 and 17, Block 4. 3. Lots south of N. Devlin Way, should be zoned R-8 in order to offer a transition to the lots in Packard Acres Subdivision, zoned R-4. Lots along the east boundary between N. Devlin Way and E. Ringneck Street should have a minimumn street f rontage of 40 feet and a 4, 000 square foot lot sizes. 4. Add an additional open -space lot for the lots on the south side of the South Slough. Lot 32, Block 4 should be converted to an open space lot and developed with a qualifying amenity as setforth in UDC 11 -3G -3C. 5. Reconfigure the northwest cornier of the proposed subdivision to allow for redevelopment of parcel# 51105212981 with public street frontage. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 zoning district and 11-2A-7 for the R-15 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. Access: Access is proposed for this site via one access from E. Ustick Road and via the extension of existing stub streets from Chamberlain Estates (E. Kamay Drive) and Packard Acres (N. Devlin Way). As mentioned above, staff has concerns with the limited connectivity in the area. Therefore, staff recommends that an additional stub street be provided on the east boundary of the development for increased connectivity. Further, staff recommends that N. Sumner Park Avenue be shifted to the west so that it is contiguous with the one acre parcel located in the northwest corner of the proposed development. Staff believes shifting the street will provide the required Verado Subdivision — H-2016-0047 PAGE 7 Exhibit A public street frontage for future redevelopment of said parcel and eliminate the need for a conunon driveway for Lots 7-10, Block 1. Common Driveways: The applicant is proposing two (2) common driveways in this project. All coimnon driveways should comply with the standards listed in UDC 11 -6C -3D. Staff has reviewed the dimensions of the common driveways depicted on the plat and they are consistent with these standards. Unless limited by a significant geographical feature, or separated by a minimum 5 -foot wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures are required to be shown on the preliminary plat and/or as an exhibit with the final plat application. As mentioned above, staff is not supportive of Lots 7-10, Block 1 from taking access from a common drive. If the roadway is aligned as recommended above, these lots would also have public street frontage. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25 -foot wide street buffer is required along E. Ustick Road, an arterial street, per UDC Table 11-2A-6 and 11-2A-7, and is required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. Staff recommends this buffer be constructed with the first phase of development. The gravel adjacent to E. Ustick road between the sidewalk and the curb needs to be removed and landscaped according to UDC 11 -3B -7C. Landscaping within the common areas is required in accord with the standards listed in UDC 1I - 3G -3E. The landscape plan complies with these standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11 -3B - 12C. If the Irrigation District does not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. Tree Mitigation: If there are 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. Open Space: A minimurn 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 (19.35 acres), a minimum of 1.93 acres of qualified open space is required to be provided as set forth in UDC 11 -3A -3B. A total of 10.5% of qualified open space is proposed consisting of/z the street buffer along E. Ustick Road, the regional pathway along the South Slough, the micropath lot and internal common open space area comply with this requirement. Staff recommends that Lot 32, Block 4 be converted to common lot and developed with a qualifying amenity in accord with UDC 11 -3G -3C for the south portion of the proposed development. 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 Verado Subdivision — H-2016-0047 PAGE 8 Exhibit A the preliminary plat (19.35 acres), staff requires a minimum of 1 qualified site amenities be provided. The applicant proposes to provide a tot lot within the central common area on Lot 8, Block 3, a segment of the City's multi -use recreational pathway and pathways through internal common areas in accord with this requirement. As noted above, staff recommends another qualifying amenity be provided within the development on Lot 32, Block 4 as noted above. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side of the South Slough. The applicant proposes to provide the extension of the regional pathway as an amenity for the proposed subdivision. The 10 -foot multi -use pathway must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. Four -foot tall bollard lighting, or other appropriate lighting source, is required along all pathways through common areas that are not visible from a public street as set forth in UDC 11 -3A -8H. The landscape plan should be revised to include lighting along pathways in accord with this requirement. A recreational pathway easement for the pathway is required to be submitted to the Park's Department, approved by City Council and recorded. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide attached sidewalks throughout the development. A 5 - foot wide attached sidewalk exists along Ustick Road with the recent expansion of said street. Utilities: 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. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. 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. Waterways: The South Slough bisects the property. The South Slough lies within an 80 -foot wide Nampa Meridian Irrigation District easement, (a portion of which was created as a common lot in the adjacent Packard Acres subdivision). The 10 -foot multi -use pathway will be installed within the easement, and the applicant should coordinate with the irrigation district on maintenance of the common lots. The UDC. (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the South Slough to remain open due to its large capacity and proposes to provide a bridge over the drain for a vehicle/pedestrian crossing. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents. Because homes on lots that back up to E. Ustick Road will be highly visible, staff recommends the rear or sides of structures on lots that face the street 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 pen -nits for the single family Verado Subdivision — H-2016-0047 PAGE 9 Exhibit A 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. Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. Per UDC 11 -3A -7A.7, the developer is responsible to construct fencing adjacent to micropath connections to distinguish common from private areas. Additionally, per UDC 11 -3A -6B, the South Slough is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 24nch mesh or other construction, equivalent in ability to deter access to the waterway. Fencing adjacent to all interior pathways and common open space shall meet the requirements of UDC 11-3A-7. In suninzauy, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 04/07/16) (NOT APPROVED) 3. Proposed Landscape Plan (dated: 04/01/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Zoning Designation Boundaries (NOT APPROVED) D. Required Findings from Unified Development Code Verado Subdivision — H-2016-0047 PAGE 10 Exhibit A A. Drawings 1. Vicinity Map Vicinity Map Legend % .:Area of Impact Parcels -Meridian Print Date: 611 OJ2016 0 0.176 0.35 Miles 1 4 -d 6 shown t...t.P t cv^mp , bvn cty end U sut:j=� to constant rev Blart The City o/ i Lk dial n.Aa"--ty cr 9 --tee a to the mnten1. a�rary,t Jn=3 r. a ampl9eness c{ scot of 11, dets —Y—.. Roiid_, and ss a k9al —P..= Ily fm the crc`mzlbn cmtnrnedan�tbh n P. 3 C }VL E I� DIAN�-- Exhibit A Page 1 Exhibit A 2. Proposed Preliminary Plat (dated: 04/07/16) (NOT APPROVED) e7 oa�e� 000000 oaaor . �000000®o���m� o I1d�00�1a►�_o01110111 ' o C1�'j � ' • _ �lp rl 1 Ilal. %.q _i ii.Ss��" a �■, .7all 2 Shy 11 HIM, . 1111 Exhibit A Page 2 oa�e� 000000 oaaor . �000000®o���m� o I1d�00�1a►�_o01110111 ' o Exhibit A Page 2 Exhibit A 3. Proposed Landscape Plan (dated; 04/01/16) USTICK ROAD I W LV lye 1 ' ' i 0h.K � °b E,RINGNECKSSTTREET �o -- Y 5 =d ..7 x 1 ( l,E. k t �� a q - f '- 1 �i - � PARKS�ONEST�iEET � _ y m I I HI Ik _ n �r3 O � - I sxrE3.E y„ t° ( tr i u la Is SIS. v le o an 511 PLANTING a a PLANTING PLAN BOULDER GARDEN ' > EM-MGEA&NTPUN 9£EiLl1Cf 7 VJII VNRVHU vX-1, I i E,RINGNECKSTREET is u,.a� IES 155 ' 1 Z II� Ct'J _0t 19 19 li 16 � �a 6 - i E. tHARPUIL ST�E� 0 1 I SHEET L3.4 � �� PLANTING PLAN 11 Exhibit A Page 3 Exhibit A �"• �• �_.___ � SNEET L3.4 � I_I. Z}, K�] u I J x• �_...P ,_, N DEbV H WAY 3 i,A en v PLANTING PLAN o �� tI A w - = - _. FIDti4U 7 _2 _ ox E. KAHEYDRIVE ACKARD ACRES SUBDIVISION �� r NO,2 PLANTING PLAN W, �"• �• �_.___ � SNEET L3.4 � I_I. Z}, K�] u I J x• �_...P ,_, N DEbV H WAY 3 i,A en v PLANTING PLAN o �� tI A w - = - _. FIDti4U 7 _2 _ H Exhibit A Conceptual Building Elevations -3- Exhibit A Exhibit A -5- Exhibit A -6- Exhibit A MIiF MI - P(, KAI11 -7- Exhibit A -8- Exhibit A -9- Exhibit A -lo- 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 conir iencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. Future homes adjacent to E. Ustick Road (Lots 2-10, Block 1, and Lots 2-10, Block 2) shall incorporate a mix of materials, windows and decorative trim, and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial street. c. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for the South Slough to remain open and not be piped due to the large capacity of the facility. If a waiver is not obtained, the waterway is required to be piped. d. The landscape buffers along E. Ustick Road must be constructed with the first phase of development. e. The developer shall provide the amenities within the central common area on Lot 8, Block 3, a segment of the City's multi -use recreational pathway and pathways through internal common areas as proposed on the landscape plan in Exhibit A.3, and in accord with the qualified site amenity requirements listed in UDC 11-3G-3 C. 1.1.2 The preliminary plat included in Exhibit A.2, dated 2/10/16, shall be revised as follows: a. For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. b. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. c. The applicant shall make the following changes to the plat prior to Commission hearing: 1. Provide an additional stub street from N. Delvin Way to the undeveloped Ada county parcels to the east. 2. Lots south of N. Devlin Way, should be zoned R-8 in order to offer a transition to the lots in Packard Acres Subdivision, zoned R-4. Lots along the east boundary between N. Devlin Way and E. Ringneck Street should have a minimum street frontage of 40 feet and a 4,000 square foot lot sizes. 3. The applicant shall shift N. Sumner Park Avenue to the west so that it is contiguous with the one acre parcel located in the northwest corner of the proposed development. -11- Exhibit A 1.1.3 The landscape plan included in Exhibit AA, dated April 2016, shall be revised as follows: 1. Realign the pedestrian pathway (Lotl2, Bloch 4) so that it lines up with the proposed pedestrian pathway on Lot 8, Block 3.Preferred location is between Lot 16 and 17, Block 4, 2. Lot 32, Block 4 shall be converted to an open space lot and developed with a qualifying amenity as set forth in UDC 11 -3G -3C. 3. Include fencing adjacent to all micropath connections to distinguish conunon from private areas, per UDC 11 -3A -7A.7. 4. The South Slough is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11 -3A -6B. 5. If any of the existing trees on the site 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. Any existing trees proposed to be retained on-site should be noted on the plan. 6. Landscaping is required adjacent to the multi -use pathway along the not side of the South Slough in accord with the standards listed in UDC 11-313-12C. If the Irrigation District will not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. 7. Depict 4 -foot tall bollard lighting, or other appropriate lighting source, along all pathways through cominon areas that are not visible from a public street as set forth in UDC 11- 3A -8H. 8. The gravel adjacent to E. Ustick road between the sidewalk and the curb needs to be removed and landscaped according to UDC 11 -3B -7C. 1.1.4 A paved, 10 -foot wide multi -use pathway and associated landscaping shall be constructed along the north side of the South Slough in accord with the Pathways Master P1an.A 14 -foot wide recreational pathway easement is required to be provided along the north side of the South Slough for the multi -use pathway. The applicant shall coordinate with Jay Gibbons, Park's Department (208-888-3579), on the location of the easement. The easement should be submitted to the Park's Department for approval by the City Council and subsequent recordation, prior to signature on the final plat by the City Engineer. 1.1.5 The applicant shall submit a detail of the playground equipment and seating area on Lot 8, Block 3 with the final plat application. 1.1.6 Submit revised legal descriptions for the R-8 and R-15 zoning districts as proposed by staff. 1.1.7 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 Architectural Standards Manual. 1.2 General Conditions of Approval 1.2.1 Comply with all bulls, use, and development standards of the R-8 and 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. -12- Exhibit A 1.2.4 Provide a pressurized irrigation system consistent with the standards asset 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 -3B -5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11 -3B -7C. 1.2.10 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 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. 1.2.12 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC I1-313-13 and UDC 11-313-14. 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. 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 shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 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 maybe 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 11-613-3 C2. -13- Exhibit A 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat 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, 2) gain 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 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at littp://www.meridiancity.org[gublic works.aspx?id=272 2.1.2 Applicant shall be required to upsize the 10 -inch diameter water main in N. Devlin Way, E. Redneck Street, and N. Verado Avenue from the connection point on the south boundary to E. Ustick Road to a 12 -inch diameter in order to comply with the City of Meridian's Water Master Plan requirements. 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. 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 9-1-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source isnot 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. -14- 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, eta, 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 11-1-4B. 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. -rs- 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. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 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 %" 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. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and -16- Exhibit A 48' outside, per hiternational Fire Code Section 503.2.4. 4.4 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. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 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. 4.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 5. REPUBLIC SERVICES 5.1 All lots on common driveways need to get their carts to the street for trash pickup. 6. PARKS DEPARTMENT 6.1 The City's Pathways Master Plan identifies a 10' multi -use pathway along the north bank of the South Slough. The developer is required to provide a public pedestrian access easement for this pathway segment across the entire width of the development to the City and is required to construct the pathway per the City's pathway design standards. Contact Jay Gibbons, Parks & Pathways Project Manager to coordinate pathway and easement requirements. 6.2 Prior to City Engineer signature on the final plat, the applicant shall provide a pedestrian pathway easement covering the required multi -use pathway along the South Slough for signature and recordation by the City. 6.3 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 At the time that this staff report was written, continents had not been received by ACRD -17- Exhibit A C. Legal Description & Exhibit Map for Zoning Designation Boundaries (NOT APPROVED) R .J .d 5ww'yw(j, LLC April 18, 2016 Verado R-15 Zone Legal Basis of Bearings for this legal description Is South 89'44'57" East between the brass cap marking the northwest corner of Section b and the brass cap marking the N1/4 of Section 5. A parcel of land located in Govemment Lot 3, of Section 5, T. 3 K, R, 1 E., B.M., Ada County, Idaho more particularly described as follows; COMMENCING ata found brass cap marking the northwest corner of Section 5; Thence South 89('44'67" East, coincident with the northerly line of said Section 5, a distance of 1507-64 feet: Thence South 0"80'14" West, 50.00 feet to the southerly right of way of E. Ustick Road and the POINT OF BEGINNING; Thence South 89144'57" East, coincident with said northerly line of said Section 5, a distance of 812.80 feet-, Thence South 0127'25" West, 825.24 feet to the northeast corner of Packard Acres Subdivision No. 2, as shown on file in Book 85 of Plats, at Page 9502, Ada County Records; Thence North 86009'31 " West, coincident with the northerly line of said Packard Acres Subdivision No. 2, a distance of 153.77 feet; Thence North 76r,01'02" West, coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of 191.51 feet; Thence North 301142'17" West, coincident with said northerly line of Packard Acres Subdivision No, 2, a distance of 189.26 feet; Thence North 58018'33" West, coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of 99.33 feet; Thence North 86015'15" West, coincident with said northerly line of Packard Acres Subdivision No, 2, a distance of 133.83 feet (formerly 133,76 feet) to the northwest corner of said Packard Acres Subdivision No. 2; Thence South 0027'32" West, coincident with the westerly line of said Packard Acres Subdivision No, 2, a distance of 30,54 feet to the southerly right of way of the Finch Lateral; Thence South 83'00'30" West, coincident wl(h said southerly right of way of the Finch Lateral, 49.31 feet; P:WW16027-C?AG-UST1GK &LOCUST GROVE T47PO\SurvoytDrawingstDoscriptions�16027 R-15 ZONE LEGAL,ducx Pope 11 -18- Exhibit A Thence Nortl) 841124'18' West, coincident with said southerly right of way of the Finch Lateral, 262.90 feet; Thence North 771141'30' West, 36,01 feet to the westerly line of said Govemment Lot 3: Thence North 01)26'58" East, coincident "11th said westerly line of Government Lot 3, a distance of 347,69 feet; Thence South 89'46'25" East, 179.34 feet; Thence North 0'30'14" East, 205.79 feet to the POINT OF BEGINNING. Tho above, described parcel contains 14.23 aureis rnme iii less. P:1201611fi027-CMC,-L)STI(,'I<& LOCUST GPOVE TOPC)SurvoysE)r-dwingo%Ocqscription.,k-16027 R-15 ZONE LEGAL,dorx I'- ,j c-, fl 12 -19- Exhibit A EXHIBIT B GOVERNMENT LOT, , SECTION 5 T. 3 N, R, I E., B,M. ADA COUNTY, IDAHO ON- Lib'' N S uk- pc) PROAcCT OWNFR)OPIR-OPER Cf -143 1 41201;' -20- 2030 S. WASHINGTON AVF MIC. p E.i519 Or HAIIV,01, 57E 0 A P., (.200) 3,98-810411 S hc a4f, L F, (208) 398-8105 P1 09T'A it' SAWTOOTHLS.COM 1 OF 1 is - In ON- Lib'' N S uk- pc) PROAcCT OWNFR)OPIR-OPER Cf -143 1 41201;' -20- 2030 S. WASHINGTON AVF MIC. p EMMETT, It) 83617 16027 P., (.200) 3,98-810411 PRO)POTLI F, (208) 398-8105 P1 10027 EX S�)EET SAWTOOTHLS.COM 1 OF 1 Exhibit A D Ln-7tn LsnrJ LLG - .. r April 18, 2016 Verado R-8 Zone Legal Basis of Bearings for this legal description is South 89144'57" East between the brass cap marking the northwest corner of Section 5 and the brass cap marking the N114 of Section 5. A parcel of land located in Government Lot 3, of Section 5. T. 3 N., R. 1 E., B.M., Ada County, Idaho more particularly described as follows; COMMENCING at a found brass cap marking the northwest comer of Section 5; Thence South 89144'57" East, coincident with the northerly line of said Section 5, a distance of 1507.64 feet; Thence South 0°30'14" West, 255.79 feet; Thence North 89146'25" West, 179.34 feet to the westerly line of Government Lot 3; Thence South 0126'58" West, coincident with said westerly line of Government Lot 3, a distance of 347.09 feet to the southerly right of way of the Finch Lateral and the POINT OF BEGINNING; Thence South 77°41'30" East, coincident with said southerly right of way of the Finch Lateral, 36.01 feet; Thence South 84"24'18' East, coincident with said southerly right of way of the Finch Lateral, 252.96 feet; Thence North 83°00'30" East, coincident with said southerly right of way of the Finch Lateral, 49.31 feet to the westerly boundary of Packard Acres Subdivision No. 2 as shown on file in Book 85 of Plats, at Page 9502, Ada County Records; Thence South 0°27'32' West, coincident with the wasterly line of said Packard Acres Subdivision No. 2, a distance of 850.41 feet; Thence North 89'32'13" West, coincident with said westerly lino of Packard Acres Subdivision No. 2, a distance of 4.74 feet; Thence South 0128'00" West, coincident with said westerly line of Packard Acres Subdivision No. 2, a distance of 8.12 feet to the northeast comer of Chamberlin Estates Subdivision as shown on file in Book 71 of Plats, at Page 7299, Ada County Records; !Thence North 89144'07` West, coincident with the northerly line of said Chamberlin Estates Subdivision, 331.23 feet (formerly 331.34 feet); P12010116027•CMG-USTICK & LOCUST GROVE TOPO'SurveylDratqinOslDesc6l)[tonsl10027 R-8 ZONE LEGAL.docx Page 11 Thence North 0126'58" East, coincident with the easterly line and the easterly line extended of Block 4, of Chamberlin Estates Subdivision, 683,30 feet to the POINT OF BEGINNING, The above described parcel contains 5.12 acres more or less. Carl Porter PLS 7 Date End Description/�(f ' OFtD z�L Poo -21- Exhibit A EXHIBIT B GOVERNMENT LOT 3, SECTION 5 T. 3 N., R. I E., B.M. ADA COUNTY, IDAHO III PROJECT. � f;YRVL.1*MVLL1J V F F(/t 1 Uic R B ZOO -22- i FITS 2030 5, WASHINGTON AVE, EMME7 10 63617 1 627 P: t208) 398-8104 PROJE07-9 J fz: (203) 398.8 t05 l Y- 7 1027 -Ex SHEET MMSAWTOOTILSZOM 10PI 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 the subject 20.28 acre property with both an R-8 zoning district (5.12 acres) and R-15 zoning district (14.23) acres and develop 122 new single-family residential homes. Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses if the plat is revised per the conditions of approval in Exhibit B (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the R-8 and R-15 zoning district is consistent with the propose 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; 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. Council considered any oral or written testimony that was 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, 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 11-513-3.E). Council finds annexing this property with both an R-8 and R-15 zoning districts is in the best interest of the City if the applicant revises the plat per Council's recommendation and enters into a development agreement. 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; Council finds that the proposed plat is in Comprehensive Plan in regard to land use, Comprehensive Plan Policies and Goals, information. -23- substantial compliance with the adopted transportation, and circulation. Please see Section VII, of the Staff Report for snore Exhibit A b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council f 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, 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; 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 Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACRD considers road safety issues in their analysis. Council considered all public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. L The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. -24- June 7, 2016 Verado R-15 Zone Legal Basis of Bearings for this legal description Is South 89144'57" East between the brass cap marking the northwest corner of Section 5 and the brass cap marking the N114 of Section 5. A parcel of land located in Government Lot 3, of Section 5, T, 3 N., R. 1 E., B.M., Ada County, Idaho more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 5; Thence South 89044'57" East, coincident with the northerly ling: of said Section 5, a distance of 1507.64 feet; Thence South 0039'14 West, 50.00 feet to the southerly right of way of E. Ustick Road and the POINT OF BEGINNING; Thence South 891144'57" East, parallel with said northerly line of said Section 5, a distance of 812.80 feet; Thence South 0027'25" West, 149.00 feet; Thence North 89144'57 West, parallel with said northerly line of Section 5, a distance of 124.00 feet; Thence South 01127'25" West, 406.00 feet; Thence North 89°44'57" West, parallel with said northerly line of Section 5, a distance of 248.30 feet to the beginning of a tangent curve; Thence 38.19 feet along the are of said curve to the left, with a central angle of 43145'32", a radius of 50.00 feet, subtended by a chord bearing South 68°22'17" West, 37.27 feet to the northerly dine of Packard Acres Subdivision No. 2, as shown on file in Book 85 of Flats, at Page 9502, Ada County Records; Thence North 301142'17" West, coincident with said northerly line of said Packard Acres Subdivision No. 2, a distance of 59.52 feet; Thence North 58118'33" West; coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of 99.33 feet; Thence North 86015'15" West, coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of 133.83 feet (formerly •133.76 feet) to the northwest corner of said Packard Acres Subdivision No. 2; P:\2QJ6\160 7-:CMG-USTICK &'LOCUST GROVE TOPQ\Survey\Drawings\Descriptiens\16027 R-15 ZONE LEGAL -REV 1.dccx a 'D e I I Thence South'0'27'32" West, coincident with the westerly line of said Packard Acres Subdivision No. 2, a distance of 30.54 feet to the southerly right of way of the Finch Lateral; Thence South 831140'30" West, coincident with said southerly right of way of the Finch Lateral, 49.31 feet; Thence North 84124'18" West, coincident with said southerly right of way of the Finch Lateral, 252.96 feet; Thence North 77041'30" West, 36.01 feet to the westerly line of said Government Lot 3; Thence North 0026'58" Fast, coincident with said westerly line of Government Lot 3, a distance of 347.69 feet; Thence South 89046'25" East, 179.34 feet; Thence North 0030'14" Fast, 205.79 feet to the POINT OF BEGINNING. The above described parcel contains 11.46 acres more or less 1 C Carl porter, PLS e " `"` End Description �- ��' Pnval �� >P:\2016\16027 -C G-USTICK & LOCUST GROVE TOPO\Survey\Drawings\Descriptions116027 R-15 ZONE LEGAL -REV, 1.docx EXHIBIT B GOVERNMENT LOT 3, SECTION 5 T. 3 N., R. I E., B.M. ADA COUNTY, WHO DA�js Op a VIRINas S 6SV4X6,'9 2SS5 40' T4td,A IE 00, ..03D F1 Poil .. .......... ... it wm, TI 4al -4 CURVC'NMZ 0149 3vov AACrA.4DACRCS SAVOI)AIMON PC 2 NTS 14 man=� OWNEWDEVELOPER:2030 S. WASHINGTON AVE, DWG ADO 16027 VER EMMETT, ID 83617 R-15 701\11E P: (268) 398-8104 PROJECT# F: (208) 398-8105 16027 -EX 6/2016 WVVWSAW-TOOTHLS.COM I OF i R June 7, 2016, 2015 Verado R-8 Zone Legal Basis of Bearings for this legal description is South 89044'57" East between the brass cap marking the northwest corner of Section 5 and the brass cap marking the N1/4 of Section 5. A parcel of land located in Government Lot 3, of Section 5, T. 3 N., R. 1 E., S,M., Ada County, Idaho more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 5; Thence South 89044'57" East, coincident with the northerly line of said Section 5, a distance of 1507.64 feet; Thence South 0130'14" West, 255.79 feet; Thence North 89046'25" West, 179.34 feet to the westerly line of Government Lot 3; Thence South 0'26'58" West, coincident with said westerly line of Government Lot 3, a distance of 347.69 feet to the southerly right of way of the Finch Lateral and the POINT OF BEGINNING; Thence South 77041'30" East, coincident with said southerly right of way of the Finch Lateral, 35.01 feet; Thence South 841124'18' East, coincident with said southerly right of way of the Finch Lateral, 252.96 feet, Thence Borth 83°00'30" East, coincident with said southerly right of way of the Finch Lateral, 49.31 feet to the westerly boundary of Packard Acres Subdivision No. 2 as shown on file in Book 85 of flats, at Page 9502, Ada County Records; Thence South 0°27'32" West, coincident with the westerly line of said Packard Acres Subdivision No. 2, a distance of 650.41 feet; Thence North 89113213" West, coincident with said westerly line of Packard Acres Subdivision No. 2, a distance of 4.74 feet; Thence South 0°28'00" West, coincident with said westerly line of Packard Acres Subdivision No. 2, a distance of 8.12 feet to the northeast corner of Chamberlin Estates Subdivision as shown on file in Book 71 of flats, at Paye 7299, Ada County Records; Thence North 89044'07" West, coincident with the northerly line of said Chamberlin Estates Subdivision, 331.23 feet (formerly 331.34 feet); P:\2016\16027:CMG-USTICK & LOCUST GROVE `rOPO\Survey\Drawings\Descriptionsl16077 R-8 ZONE LEGAL -NE REV1,docx pay . 11 Thence North 0026'58" East, coincident with the easterly line and the easterly line extended of Block 4, of Chamberlin Estates Subdivision, 683.30 feet to the POINT OF BEGINNING . A parcel of land located in Government Lot 3, of Section 5, T. 3 N., R. I E., S.M., Ada County, Idaho more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of Section 5; Thence South 89c'44'57" East, coincident with the northerly line of said Section 6, a distance of 2320,40 feet; Thence South 002725" West, 199.00 feet to the POINT OF BEGINNING; Thence continuing South 0127'26" West, 676.24 feet to the northeast corner of Packard Acres Subdivision No, 2, as shown on file in Book 85 of Plats., at Page 9502, Ada County Records;; Thence North 86009'31" West, coincident with the northerly line of said Packard Acres Subdivision No, 2, a distance of 153,77 feet; Thence North 76101'02" West, coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of 191.51 feet; Thence North 30042'17" West, coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of 129.74 feet to the beginning of a non -tangent curve; Thence 38.19 feet along the arc of said curve to the right, with a central angle of 431,45'32", a radius of 50.00 feet, subtended by a chord bearing North 68022'17" East, 37.27 feet; Thence South 89"44'57" East, 248.30 feet; Thence North 0027'25" East, 496.00 feet; Thence South 89044'57" East, 124.00 feet to the POINT OF BEGINNING The above described parcels contain 7,89 acres more or less. End Description17j , j / 0 OF PO PrA201 6\16027-CMG-USTICK & LOCUST GROVE TOPO\Survey\Drawings\Descriptions\I 6027 R-8 ZONE LEGAL -NE REVI.docx F'T a go 12 EXHIBIT 8 GOVERNMENT LOT 3, SECTION 5 T. 3 N., R. I E, B.M. ADA COUNTY, IDAHO m Pogl�� NTS -3Wvk-�I6EVFKOPFR 2030S. WASHINGTON AVE, DWG # VERADO CMG16027 EMMETr, ID 83617 — — R-8 ZOI\iE P:`208) 398-8104 PRO'lc �208) 398-8105 16027 EX �l �EET DATE: 6/2016 J1VWW.SAWTOOTHLS.CQfif 1 OF 1 "4 !7z tt Fa POD CURVE TAOIX ANON pog Mww m Pogl�� NTS -3Wvk-�I6EVFKOPFR 2030S. WASHINGTON AVE, DWG # VERADO CMG16027 EMMETr, ID 83617 — — R-8 ZOI\iE P:`208) 398-8104 PRO'lc �208) 398-8105 16027 EX �l �EET DATE: 6/2016 J1VWW.SAWTOOTHLS.CQfif 1 OF 1 Map Check ZONE R-8 16027 Operator CP Date 6/2016 Mon Tun 06 07:32:00 201.6 Project 1-6027 Time Course Bearing Distance PTW northing Fasting 1079 717421.867 2462095.460 1079-10396 00°27125" W 676.2:39 1039 716745.649 2462090.066 1039-1040N 86009131" W 1.53.768 1040 716755.951 2461936.643 1040--1041N 76001'02t7 W 191.510 1041. 716802.225 2461750.808 1041-1084N 30042117" W 129.736 1084 716913.774 2461684.563 CURVE A=38.187 DELTA -43045132" `=20.079 EXT=3.881 1084-10821 680221.7" E 37.265 1082 716927.509 2461719.205 RADIUS POINT 50,000 1083 716877.510 2461718.986 1.082-10815 89044`57" E 2-48.302 1.081 716926,422 2461967.504 1.081.-1080 N 0002'712573 E 496.003 1080 717422.410 2461971.460 1080-10795 890441575! E 124.001 1079 71.7421.867 2462095.460 Closure error distance> 0.000 Error Bear?ng> N 90000'00" E Closure Precision> 1 in 2057745875049.0 Total: Distance Traversed> 120482.92SF%P 2.766Acu%P 1<7 � Praire 1 of I Description 2057.746 Exhibit B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 20.28 Acres of Land with an R-8 Zoning District (11.46 acres) an R-8 zoning district (7.89 acres); and a Preliminary Plat Consisting of one hundred twenty two (122) single-family residential building lots and eighteen (18) common lots on 19.35 acres of land for Verado Subdivision located near the southeast corner of N. Locust Grove Road and E. Ustick Road in the NE'/a of Section 5, Township 3N., Range IE., by DevCo, LLC. Case No(s). H-2016-0047 For the City Council Hearing Date of: June 21, 2016 (Findings on July 5, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 21, 2016, 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). H-2016-0047 -1- 6. That the City has granted an order of approval of the annexation and zoning request 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 annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of June 21, 2016, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning was approved with R-8 and R-15 zoning districts with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of June 21, 2016, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of June 21, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11 -5B -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 six (6) month 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 June 21, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0047 -2- ' By action of the City Council at its regular meeting held on the �� day of Vt U 2016. COUNCIL PRESIDENT KEITH BIRD VOTED t eS COUNCIL VICE PRESIDENT JOE BORTON VOTED_ COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_ 1 f _'� COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T y e Weerd Avcvsr 7190 Attest: 4° Jaey ones City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: *kwkDated: ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0047 -3- Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6W PROJECT NUMBER: H-2016-0092 ITEM TITLE: Hill's Century Farm Commercial Amended Development Agreement for Hill's Century Farm Commercial (H-2016-0092) with Martin L. Hill located at 3625 E. Amity Road, in the Northwest 1/4 of Section 33, Township 3 North, Range 1 East MEETING NOTES 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 ADA COUNTY RECORDER Christopher D. Rich 2016-119080 BOISE IDAHO Pgs=38 BONNIE OBERBILLIG 12/08/2016 01:24 PM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT .PARTIES: 1, City ofMeridian 2. Martin L.011, 11, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated thisday.of Vit' 2016, (" ADI)ENDUM" ), by and between City of Meridian, a municipal corporation of the State of Idaho. ("CITY"), whose= address is. 33 E. Broadway Avenue, Meridian, 'Idaho 83642 and Martin -L.011 whose addt.ess is 3625 E. Amity Road, Meridian, Idaho 83642, hereii.i4oer .called 0WNFR/DF,VFT,0PFR_ RECITALS A. City and OWNER)DEVELOPER entered into that certain Development Agreement -that was recorded on July 9, 20.15 in the: real property records of Ada County as Iiistrumerit No:- 20.15-061375 ("DEVELOPMENT AGREEMENT. B, City and OWNER/DEVELOPER now desire to amend the Developrrtent. Agreement (Instrument no. 2015063175) with this Addendum to Developmeni.Agreement which terms have been approved by the Meridian City Council. in accordance with Idaho Code § 67- 6511 on.October 1'8,2016. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein;.the:parties agree as follows:. I , OWNER/DEVELOPER shall be bound by the terms of the original Development Agreement, except as specifically amended as follows: .5. CONDITIONS GOVF,RNTN(C DVVFLOPMT,NT (IMSTTBTFCT PR0PT,RTV.. 5,.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a, Improve S, Hillsdale. Avenue as a public street adjacent4o the east boundary of this, site as required by Ada County Highway District,. b, Business hours of operation in the C N district. shall be limited fro 'in* 6:00 am to 10.i00, pm as set forth in UDCl.1-2B-3A.4,. except for the YMCA which is allowed to operate from.5;00 am to 10:00 pith. The residential care facility use does not violate the: limitation. on the hours of operation, Q. Future development of this site shall be generally consistent with the concept plans included in Exhibit A.3 of the Staff.Repoit that is attached to the Findings of Fact and Hill's Century Farm Commercial — II -2016-0092 Pege.1 Conclusions of Law in the original Development Agreement (Instrument No. 2015- 061375); and Exhibits AA and A.6 of the Staff Report attached to the Findings of Fact and Conclusions of Law from the modification to development agreement (H-2016- 0092), attached hereto as Exhibit "A". d. Future development of this site should include a pedestrian pathway network that links the mixed use area with the residential and the elementary schooUYMCA site as well as adjacent off-site properties. Vehicular connections should also be provided for interconnectivity within the site. e. The existing home in the R-8 zoning district that is proposed to remain at the south boundary of the annexation area midway between S. Eagle Road and S. Howry Lane shall be required to hook up to City water and sewer service within 60 days of services becoming available from the development of the adjacent R-8 zoned property, per MCC 9-1-4A; the existing home that fronts on E. Amity Road that is proposed to be removed with redevelopment of the site and the existing home that fronts on S. Howry Lane that is proposed to remain in the C -N district as long as the Hill's reside there are not required to hook up to City services. f. The rear or sides of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. g. To ensure future development is consistent with the objectives and vision of the MU -N designation the following items will be considered in reviewing development applications: i. Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches, daycares, civic buildings, or public safety facilities) should be provided; ii. Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open space, library and schools) should comprise a minimum of 10% of the development area; iii. Street sections consistent with the Ada County Highway District Master Street Map are required; iv. Neighborhood serving uses and dwellings should be integrated; v. Residential uses should comprise a minimum of 40% of the development area with net densities ranging from 4 to 8 units per acre with supporting non- residential services. Non-residential uses should be smaller scale and provide a good or service that people typically don't travel more than a mile for and need regularly; vi. Non-residential buildings should be proportional to and blend in with residential buildings; vii. Employment opportunities for those living in the neighborhood are encouraged; viii. The mixed use project should be directly assessible to neighborhoods within the section by both vehicles and pedestrians; Hill's Century Farm Commercial — H-2016-0092 Page 2 ix. Planning of the C -N property north of the park and YMCA shall consider appropriate visibility, parking and emergency access to the future neighborhood park., X. Sample uses appropriate in the MU -N area would include: townhouses, multi- family developments, neighborhood grocer, drug stores, coffee/sandwich/ice- cream shops, vertically integrated buildings, live -work spaces, dry cleaner/laundromat, salons/spas, daycares, neighborhood -scale professional offices, medical/dental clinics, gift shops, schools, parks, churches, clubhouses, public uses, and other appropriate neighborhood uses. h. A landscape buffer to residential uses is not required adjacent to the Hill home at the southeast corner of the site as buffering will be achieved through the adjacent City park, YMCA and school complex and the property will eventually be part of the YMCA site. i. The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site as shown on the conceptual development plan; and the assisted living facility and medical clinic shown on the detailed site plan approved with H-2016-0092. 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and the Project Site shall be subject to de -annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. if any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any ofthe other provisions contained herein. 4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, 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 Addendum shall be binding upon the parties hereto unless reduced in writing, and signed by them or their successors in interest or their assigns, and pursuant, with the respect to City, to a duly adopted ordinance or resolution of City. 5. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site 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. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by this Addendum, all terms of the Development Agreement shall -remain in full force and effect Hill's Century Farm Commercial —H-2016-0092 Page 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed.this agreement and made it effective as hereimbove provided; (OWNER FVFT,OPVR! � Vw M»rtin L. Hill CCTV OF MTRmTAN By: Mayor Tarj&lde Weerd o�FpD AiJCUSz City of } AT FST � _r"h xs lea taeas`'Q4. C 14y Col ,.City Clerk Hill's Century Purn'Commercial —H-2016-0092 Page STATE OFIDAHO, ) : SS County of Ada -Onthis itty0f 201'67 before hie, the unde'rsigned,;a Notary Public 'in and for said State, personally appeared Martin L. Mil, known or identified to m& to be the person who signed above 'and acknowledged to me-that<he-executed the same. IN WITNESS WHEREOF, I.have hereunto set,piy hand and affixed my official seal 'the :day and year in this certificate first above written. (SEAL) AMANDA McCURRY NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO t kv* blie i N'aryP.0 -fdr][Vaho U Residing -at: :S't*- , U416 My Commission xplres' " —M— yo, ss County of Ada.. On this -I -o day of A, 2016, before me., a'Notary . Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to: me to be the - Mayor and Clerk, respectively, of the City of Meridian,, vrhp executed the m'g.t.m.ent. of behalf of said City,. and acknowledged to me that such City oxecutQdthesame. IN WITNESS WBERE0F,.'*1 hav*e hereunto set my hand and affixed my official seal the day and year in this certificate flrst above written, 110 S Century Farm Commere ial — H-2016-0092 1019 Valzt " c's Notary Publ icf6pldaho- U Residing at; - Commissionexpires: 6 — Div EXHIBIT A CITY OF MERIDIANaVE R ITID"I` FINDINGS OF FACT, CONCLUSIONS OF LAW .L � AND DECISION & ORDER ----, l A H O In the Matter of the Request for a Modification to the Development Agreement to Include a Detailed Site plan and Modification of Certain Provisions of the Agreement; and Preliminary flat Consisting of 20 Building Lots and 2 Common Lots on 19.73 Acres of Land in the C -N Zoning District, by Mat -tin L. Hill. Case No(s). H-2016-0092 For the City Council Hearing Dates of: September 27 and October 4, 2016 (Findings on October 11, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 4, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 4, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 4, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 4, 2016, 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 comments) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction.. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0092 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 4, 2016, 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 and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of October 4, 2016, 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 -611-7A). 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 I 1 -6B -7B). 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 I I - 6B -7C). Notice of Development Agreement Duration A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification (UDC l 1 -5B -3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-513-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). II -2016-0092 - 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 entities 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 October 4, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). I -I-2016-0092 -3 - By action of the City Council at its regular meeting held on the j day of M66 2016. COUNCIL PRESIDENT KEITH BIRD VOTED Yeo COUNCIL VICE PRESIDENT JOE BORTON VOTED Y(f4 COUNCIL, MEMBER ANNE LITTLE ROBERTS VOTED X�- COUNCIL MEMBER TY PAL NIRP, VOTED Ya COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED Y(4 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Twn'my/deWeerd o�ATED Ab, Attest., { 1 j ur W f bAff a Clay C0160 0 SEAL. T � City cleric'FR Copy served upon Applicant, Community Development Department, Public Woxks Depattment and City Attomay. B t5 X Dated; t l Y CtY Clea Oiflce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0092 -44 STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT A October 4, 2016 (Continued f om: September- 27, 2016) Mayor & City Council Sonya Allen, Associate City Planner 208-8845533 Hill's Century Farm Commercial — MICA, PP (H-2016-0092) I. SUMMARY DESCRIPTION OF APPLICANTS' REQUEST The applicant, Martin L. Hill, has submitted an application for a modification to the development agreement to include a detailed site plan and modification of certain provisions of the agreement; and a preliminary plat consisting of 20 building lots and 2 common area lots on 19.73 acres of land in a C N zoning district. See SediOn V111, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning & Zoning Commission heard the PP on September 1, 2016. At the public hearing, the Commission moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle, Brighton Corporation ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Brighton Corporation L. Staff presenting application: Sonya Allem A. Other staff commenting on application. Bill Parsons b. Key..issueW of Public Testimony: L None e. Key Issues of Discussion by Commission: L Creation of a remnant parcel by not including the western R-8 zoned property in the plat; ii. Revised conditions to Section 2 in Exhibit B as requested by the Appy cant. ............. d. Commission Change(s) to Staff Recommendation: i. At staffs request, a condition was added for on -;street narking to be provided on the south side of the street (E. Hill Park St.) adjacent to the park (see condition 46.1). fl. Modify conditions #2.2.3, 2.2.9 and 2.2.11 as requested by the applicant and agreed upon by staff (see Exhibit B); staff is not in favor of modifying condition #2.1.1 as requested by the applicant. e. Outstanding Issues) for City Council: L None 1111: 1 f► 11 � . 1' 11 1!'I!1' !1• Hill's Century Farm Commercial MDA, PP H-2016-0092 PAGE 1 EX BIT A 1 11!11 ma n R-WaYn• :II 1in►'r ' •1 mir, r 1 Ti i1 e 13IM114311#1111 f l' e 1 11 11 ' 1. 1 1' 1 1. : i l 1 1 1 � a 1 e i 1! ► c I'. lH1R11MINSM111111 ii• 1 1 11 ) 1 1 I •! • II' I I 11 111 I ! 1 e tt 1 ! w I i l l e! 1' 11 1 1 IMIFIRM I t l 1 1 ! 1' l e 1 1' i Il i s t a' 'tl'I 1 11If. 1! f 1' !' Ii11'i •' "11'1 1 i i !' 3 it ' I 11 111 1 1 1' •: ! Un. MUM ' 1! 1 1' l e 1 F' I I win, 1 F F 1 E I !! 1' 1111 •1' 1 i 1 1 I 1 ' 1 . ! • ! l I • 1. ' fill 1 s ' II ' 1 1 31 1! ='1WIN I 1 milli 9170TRUMIR WW"', Ie .e;_1__i I1 ! WITIT, ■ !i I t 1 &GUFFUT-AMM I H1 IF 11 1 1 ►• 111.11 ` 1 I s 1# lu) ► F 1 ;. 1 1 A___ �. _.i_____ 1 1 S. !' --- IF I 1 s It All ILWITUIPFt1 M10111 1 1J: 3l • i Ill. ! ' I I #► l a I 1 1# (!( 1 IE 1• sirm III 1' 1 i t I I F I I 11' : 1M.NJIT 11#I RAPTOMMIT, M19WRIENTSTRIMMUT410TVI 1• 111 in 1 1' 1 m1rumrs' e If 1 i 1' 1 1! 1'1 1 !' 'Is 111 1' Ilii I'1 1 11 E 1 1<J � !' 'Ie11I 1 1!IUMMUZ1 1' I ti Iil 1 1' 1 I I' MIRRUTIM-191MM1 I 1ATMR 11 1 1 # 1'! 1 1• f • _1_ 1 �1 1 vi El II' ► i 1 1 1 11' >r f 1' !1! lE i 1 1 1 1 1 ' F e f � 1 :! s : II ► F s! : I I f 1 II ff 1! EIa N IVAIT E M M in -M �/ EI IIE ►E i 1 l i 1 a I' I � I A 1' 11 1' I 1/ 1 1 A 'r 1 1' ]1 • 1 ' 11 ' 1 I 1 11 1 I f 1 111 1 ICU, t 1 �/ 1! Mm I I 1 1 I i 1 3l ( F r 1 11 1 all !A 1 1 ! ! ! 1 1 1 1IIE f' 3l e l r 1 1 1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0092, as presented in the staff report for the hearing date of October 4, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0092, as presented during the hearing on October 4, 20I6, for the following reasons: (You should state specific Bill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 2 EXIMIT A reasons for denial.) Continuance I move to continue File Number H-2016-0092 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) l V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 3625 E. Amity Road, in the northwest'`/4 of Section 33, Township 3 North, Range I East. B. Applicant: Martin L. Hill 3625 E. Amity Road Meridian, Idaho 83642 C. Owner: Same as applicant D. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 E. Applicant's Statement/Justification: PIease see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a modification to the development agreement and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on the preliminary plat; a public )tearing is only required before the City Council on the development agreement modification, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 15 and 29, 2016 (Commission); September 5 and 193 2016 (City Council) C. Radius notices trailed to properties within 300 feet on: August 12, 2016 (Commission); September 2, 2016 (City Council) D, Applicant posted notice on site by: August 18, 2016 (Commission); September 16, 2016 (City Council VL LAND USE A. Existing Land Use(s): This property is currently being used for agricultural purposes and is zoned R-8 and C N. B. Character of Surrounding Area and Adjacent Land Use and zoning: North: E. Amity Road and agricultural land, zoned RUT in Ada County South: Future City Park, YMCA, library and elementary school, zoned GN East: Rural residential/agricultural property, zoned RUT in Ada County West: Agricultural property (future single-family residential), zoned R-8 Hill's Century Fann Commercial -- MDA, PP 1.1-2016-0092 PAGE 3 EXHIBIT A. C. History of Previous Actions: In 2015, an amendment to the Comprehensive Plan Future Land Use Map (CPAM-15-001) was approved to change the land use designation on this property (and a larger area totaling 87 acres) from low density residential to mixed use neighborhood. Annexation and zoning (AZ -15-004) with a C -N zoning district was also approved with the requirement of a development agreement, recorded as Instrument No. 2015-061375. A property boundary adjustment (PBA -15-012) was approved later in 2015 that created the current configuration of the subject property (ROS #10215). D. Utilities: a) Location of sewer: A sanitary sewer main intended to provide service to the subject development was recently installed as part of the Hillsdale Elementary School project. b) Location of water: Water trains intended to provide service to the subject development currently exists near the northwest corner of the subject site in E. Amity Road, as well as a recently installed mainlines as part of the Hillsdale Elementary School project. c) Issues or concerns: Applicant shall be responsible for the extension of sanitary sewer and water mains to provide service, including a 12 -inch water mainline across the development frontage in E. Amity Road, E. Physical Features: Canals/Ditches Irrigation: The Cunningham Lateral crosses this site along with some irrigation ditches. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This property does not lie within the Floodplain Overlay District, VII. COMPREHENSIVE PLAN ANALYSIS The Future Land Use Map (FLUM) contained in the Comprehensive Plan designates the subject property as Mixed Use - Neighborhood (MU -N). The purpose of the MU -N designation is to assign areas where neighborhood -serving uses and dwellings are scamlessly integrated into the urban fabric. The intent is to avoid predominately single use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non- residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately one mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Comiectivity and access between the non- residential and residential land uses is particularly critical in MU -N areas. Tree -lined narrow streets are encouraged. Developments are encouraged to be designed according to the conceptual MU -N plan depicted in Figure 3-1 on page 25 of the Comprehensive Plan. See pages 24-27 of the Compr-ehensive Plan for more information. The applicant proposes to develop the northeast portion of this site with a residential care facility (assisted living) and a medical clinic. The use of the remainder of the site is not yet detailed but is anticipated to develop with professional offices, dental/medical clinics, daycares, gift shops, dry cleaner/laundroinat, salons/spas and other neighborhood -scale commercial uses as allowed in the C -N district and as desired in MU -N designated areas (see the concept plan in Exhibit A.4). Hill's Century Farm Commercial — MDA, PP H-2016-0042 PAGE 4 EXHIBIT A Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)." (3.06.02F) A 2S foot wide landscape buffer and building setback will be required with development along E. Amity Road, an arterial street; and a 2Q foot wide buffer and building setback will be required along S dowry Lane, designated as a. future collector street. Landscaping should be installed in accord with the standards listed in UDC 11 -3B -7C Landscape Buffers along Streets. "Locate small scale neighborhood commercial areas within planned residential developments as part of the development plan." (3.05.01 E) The proposed neighborhood connnercial development should integrate well with the YMCA, Ci0i Park, libraty, health complex and elementary school to the sotcth, and existing and future residential uses in the vicinity. 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, The proposed assisted living facility will provide another housing option in this portion of the City adjacent to future medium densio, residential uses. Staff is unaware of Trow "affordable " it will be. "Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g. landscaping, fences, etc.)." (3.05.02A) The neighborhood commercial development is proposed to be separated from future residential development to the west by a local street (S. Tavistock Ave.) and landscaped street buffer. "Identify and encourage medical service related 'industry which are currently lacking." (2.02.01A) The proposed medical clinic and anticipated medical and dental offices should provide march needed services in this area of the Cite that are currently lacking. "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D) The UDC (11-3A-3) restricts access to arterial and collector streets when access is available from a local street. Because no access is available via a local street, a driveway is proposed via E. Amita, Road, an arterial street, and via S Hillsdale Avenue, a facture collector street; these accesses and locations are approved by ACHD as shown on the revised site plan in Exhibit A.4. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01,0 IF) City services are available to be extended by the developer to the proposed lots upon development of the site in accord with. UDC 11-3A-21. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03,020) There are no stub streets to this property from adjacent properties. A collector street is proposed along the east boundmy of the site for connection to Ain.ity Road for the properties to the south. A north/south stub street is proposed along the west boundary of the site for future extension and interconnectivity. "Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings." (2.0 1.01 C) Hill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 5 EXHIBIT A The proposed medical clinic, assisted living facility and anticipated facture uses on the site are within walking distance of adjacent existing and. future residential dwellings. "Require screening and buffering of commercial and industrial properties to residential use with transitional zoning." (3„06.01E) The proposed GN zoning provides a transition in zoning between neighborhood commercial and residential uses. A mini -non 10 foot wide landscape buffer will also be required along S. Tavistock Avenue along the west boundmy of the commercial portion of the site. Staff feels the proposed assisted living facility and medical clinic along with future uses as anticipated are consistent with the uses desired in the MU -N area and appropriate for this property. Additionally, the location of the neighborhood commercial area near the mid -mile with an elementary school, YMCA, City Park and a library and health complex to the south, along with supporting residential uses meets the intent of mixed use designated areas. VIII. ANALYSIS A. Analysis of Pacts Leading to Staff Recommendation: 1. DEVELOPMENT AGREEMENT MODIFICATION (MDA): A modification to the development agreement (DA) (Instrument No. 2015-061375) to include a detailed site plan and modification of certain provisions of the agreement is proposed as follows: The conceptual development plan included in Exhibit A of the DA depicts a "bubble" plan for the mixed use designated area that lists future possible uses and no site details (see below). A provision in the DA requires a detailed site plan to be submitted and approved prior to a plat application being submitted and any development occurring beyond the school/YMCA/park site to ensure development is consistent with the objectives and vision of the MU -N designation. A detailed plan for the first phase of development is proposed which includes a medical clinic at the northeast corner of the site with an assisted living facility immediately to the west on 2 building lots on 6 acres of land (see Exhibit AA). Details are not included for the 18 building Iots on the remaining 13.7 acre portion of the neighborhood commercial area but the applicant anticipates many of these lots will be consolidated as users are determined; such users are anticipated to include Hill's Centmy Farm Commercial --MDA, PP H-2016-0092 PAGE 6 EXHIBIT A professional offices, dental/medical clinics, daycares, gift shops, diy cleaner/laundromat, salons/spas and other neighborhood -scale uses as desired in MU -N designated areas. The applicant's narrative assumes that with submittal of the proposed site plan that they've complied with the aforementioned DA provision and that no further modifications will be required for the remainder of the site if uses such as those anticipated are provided. Because the intent of the requirement is not solely to ensure MU -N appropriate uses are provided, but to ensure arrangement of buildings in the commercial portion of the development provide for a common usable area (i.e. a plaza or green space); an overall design consistent the with the mixed use neighborhood concept plan in the Comprehensive Plan (Figure 3-1) with a transition in uses to the future medium density residential development to the west; a pedestrian pathway network that links the mixed use area with the YMCA site to the south, and provision of smaller scale non-residential uses that provide goods or services that people living in the immediate vicinity need regularly, staff does not agree with this assumption and clarifies that subsequent modifications are still required. Because the provision currently requires a detailed site plan to be submitted prior to plat approval and the applicant does not have details yet for the remainder of the site, staff recommends allowing the applicant to proceed forward with the preliminary plat and first phase of development provided that no final plats are approved on the portion of the site where a detailed site plan has not been approved. See Exhibit A. S for Staff's recornniended anodiftcation. Second, the applicant proposes DA provision #5.lg.xii is deleted which states, "Maximum building size should be limited to a 20,000 square foot building footpring (excluding the school site) unless a structure contains a mix of both residential and office or commercial land uses." Because the provision is not a reguireanent but something that should be considered when reviewing development applications, per the Comprehensive Plan (pg. 24), staff does not recommend deletion of this provision. However, staff does recommend the provision is clarified accordingly to avoid confusion of requirements vs. recommendations/considerations. See Exhibit A.5for Staf'f's recornartended modifications. Last, the applicant proposes a modification to provision #5. Li as follows, "The annexation area shall be subdivided prior to issuance of any single-family residential building permits or for issuance of occupangy permits for commercial buildings beyond those required for the development of the school, YMCA and park site as shown on the conceptual development plan" Because the DA requires detailed site plan approval through a modification to the agreement and because details haven't yet been provided for 13.7 acres of the commercial area, staff does not recommend modification of this provision as proposed. However, Staff is amenable to modifying the provision as follows: "The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site as shown on the conceptual development plan; and the assisted living facility and medical clinic shown on the detailed site plan approved with H-2016-0092." See Exhibit A, 5. Note: A conditional use permit is required for an assisted living facility (i,e, nursing/residential care facility} in the C -N zoning district per UDC Table 11-2B-2 the use is subject to the specific use standards listed in UDC 11-4-3-29, 2, PRELIMINARY PLAT (PP): A preliminary plat is proposed consisting of 20 building lots and 2 common lots on 19.73 acres of land in the C -N zoning district. The boundary of the proposed plat does not encompass all of the area included in Parcel 2 shown on the Record of Survey (recorded as #10215) in Exhibit A..1; a 171,42 foot wide strip of land, Hill's Century Farm Commercial — MDA, PP H-2016-0092 I PAGE 7 EXHIBIT .A. zoned R-8, along the west boundary is not included. Because this will create a remnant parcel that's not legal to build on, staff recommends this area is included in a revised preliminary plat, This property will likely be included in a future plat when the parcel to the west develops. Dimensional Standards: The lots in the proposed subdivision are required to comply with the dimensional standards of the C -N zoning district listed in UDC Table l I -2B-3. Staff has reviewed the proposed plat and found it in compliance with these standards. Building setbacks and height are required to comply with the standards noted in UDC Table 11-2B -3 for the C -N district, Access/streets: A local street (S. Tavistock Ave.) is proposed for access via E. Amity Road, an arterial street; and another local street (1. Hill Park St.) is proposed for access via S. Hillsdale Ave., a future collector street. A driveway access is depicted on the plat for the proposed coinmezcial development via E. Amity Road and S. Hillsdale Avenue. A future roundabout is depicted at the intersection of E. Amity Road and S. Hillsdale Avenue. The UDC (I 1-3A-3) requires access to be provided via local streets when available to improve safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets. The site plan is required to be reconfigured to reflect access only via the proposed local streets unless otherwise waived by City Council. The applicant requests a waiver from Council for the proposed access points via Amity and Hillsdale. Note: The applicant has requested a modification of ACHD policy to allow the proposed accesses; ACRD staff is in support of the request with the rnodifred driveway locations shown on the site plan in Exhibit A.4. With inclusion of the R-8 zoned property to the west in the plat, S.Tavistock Ave. should be constructed as a complete street within this site and stabbed to the adjacent property to the south. A cross-access/ingress-egress easement should be granted between lots in the proposed subdivision for access to streets in accord with UDC 11 -3A-3. Landscaping: A 25 -foot wide street buffer is required along E. Amity Road, an arterial street; a 20 -foot wide buffer is required along S. Hillsdale Avenue, a collector street; and a 10 -foot wide buffer is required along S. Tavistock Avenue and E. Hill Park Street, both local streets, in accord with the standards listed in UDC 11 -3B -7C. Sidewalks. Sidewalks are required to be constructed with development in accord with UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required along E. Amity Road, an arterial street, and S. Hillsdale Avenue, a future collector street; and a minimum 5 -foot wide attached (or detached) sidewalk is required along S. Tavistock Avenue and E. Hill Park Street as shown on the landscape plan. Pathways: The Pathways Master Plan does not designate a pathway on this site, However, pedestrian connections should be provided that link the mixed use area with adjacent single-family development and the City Park and YMCA to the south. Common Open Space & Site Amenities; Commercial development is not required to provide common open space and site amenities as set forth in UDC 11-3G-3; however, the mixed use standards in the Comprehensive Plan recommends a public plaza or open space is provided. The western 6 acre residential portion of the site that staff recommends is included in this plat is required to provide common open space and site amenities; however, because that area will be included in a future plat for nlediuin density residential lots, staff does not recommend open space and amenities are required at this time and instead is reviewed as part of the larger residential development planned to the west. Fencing: No fencing is proposed with this development. All fencing should comply with the standards listed in UDC 11-3A-17. Hill's Century Farm Commercial —MDA, PP H-2016-0092 PAGE 8 EXHIBIT A Waterways: The Cunningham Lateral crosses this site and is proposed to be relocated and piped along the east side of this site. The Boise Project Board of Control requires a 40 -foot wide easement for the relocation of the lateral through Lots 10 and I l and a portion of Lot 20 along the west side of S. Hillsdale Avenue. No trees are allowed within the easement which overlaps the area where a landscaped street buffer is required along Hillsdale. Therefore, the applicant should apply for alternative compliance to UDC 1 I -3B -7C with the final plat application that contains the land in which the easement lies. Utilities: 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. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC I I -3A.-15. The system will be operated and maintained by the Owner's Association, Storm Drainage: A stonn drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-1 8. Stonnwater is proposed to be retained in an onsite detention area in accord with ACHD requirements. Building Elevations: Conceptual building elevations were submitted for future retail, office and professional services buildings and the assisted Iiving/memory care facility as shown in Exhibit A.6. Building materials for the coinrnercial buildings are depicted as stucco cornices, a 3 coat stucco system on metal lath, tension canopies, aluminum window frames with tinted and insulated glass; stone veneer wall and base. Building materials for the residential care facility are depicted as cultured stone with "hardi" Iap and shake siding, and wood timber truss gable elements and asphalt shingles. All structures are required to comply with the design standards listed in the Architectural Standards Manual. Staff recornrnends approval of the proposed MDA application as recommended by staff ira Exhibit A. S and PP application with the conditions included in Exhibit B. IX, EXHIBITS A, Drawings/Other 1. Vicinity/Zoning Map & Record of Survey 2. Proposed Preliminary PIat (dated: 7/14/16) 3. Proposed Landscape Plan (dated: 7/14/16) 4. Proposed Site Plan (dated: 8/2/16) 5. Proposed Modifications to Development Agreement as Recommended by Staff 6. Conceptual Building Elevations (dated: July 2016) B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Hill's Century Farm Commercial — MDA, PP H-2016-0092 I PAGE 9 EXHIBIT A. Exhibit A.1: Vicinity/Zoning Map & Record of Survey Hill's Century Farm Commercial -- MDA, PP H-2016-0092 PAGE 10 I I Dv w•ntc 3 tc, a3 1 nt o•u w. ImuJw R4r—pNt 37ati•t3A7173A�. 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PAGE 1 I EXHIBIT A Exhibit A.2: Proposed Preliminary Plat (dated: 7/14/16) NO A PPRIGP rr] to HILL'S CENTURY FARM COMMERCIAL SUBDIVISION PRELIMINARY PLAT SITUATED IN A PORTION OF THE NW 1(4 OF SECTION 33, TOWNSHIP a NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN,AOA000NTY, IDAHO .3wj t JULY 2016 f I� `ii%e�i.., k`' LAMIIYPIl v ___ _._'� ��_•••�.^•-ur��'. rus.,��.5•t 1 �t I I if YI � Fem NIPMCti I� 11 t � 1 � 1, NOTES w ..nM'.n�'L �r�nir F�aarvy�Mi.m �•tpvi�rt y zt^a^ w a.yx e 1 � �'�a•...a..<,f--�.>� w s <��-� Nom. UrmI MFWDATA t, J4ya A caclnfnu^,ia•, TURY FARM COMMERaAL SUs. 7J PFFl1�tAVLViYMTIAYO � �! h1F1MYP ATLAY 1G� uta � 57it L'• Hill's Century Farm Commercial — MDA, PP H-2616-0092 PAGE 12 I��ta� ulPCm eA� WDURF-m—MI __'-___ Lfmlm � 1 onEllu�xaf wlr A w,l�µnx_ o 1 .� wt Itn w vw lei w+•o w s• + - - :.•r mya w:n umlc .....n fr =w:� '• {.IZ'x]1 IIYA +:V�x'>!uy[-...'. uu r.o, •! - tGt• ml, Ilea tt-v+'.•S 4 ua f - nn uc rUtt .. �{,�IL 31 i T:.u,a.uvu i i + i Tul— conn ]1`4 r i { � C , Ai]IY Wliu y T.P. 4. nrnV 1 t � : C E1 I __. k YN tmM �•• tar 1 { C) c d o NOTES w ..nM'.n�'L �r�nir F�aarvy�Mi.m �•tpvi�rt y zt^a^ w a.yx e 1 � �'�a•...a..<,f--�.>� w s <��-� Nom. UrmI MFWDATA t, J4ya A caclnfnu^,ia•, TURY FARM COMMERaAL SUs. 7J PFFl1�tAVLViYMTIAYO � �! h1F1MYP ATLAY 1G� uta � 57it L'• Hill's Century Farm Commercial — MDA, PP H-2616-0092 PAGE 12 I��ta� ulPCm eA� WDURF-m—MI __'-___ Lfmlm � 1 onEllu�xaf wlr A w,l�µnx_ o 1 .� wt Itn w vw lei w+•o w s• + - - :.•r mya w:n umlc .....n fr =w:� '• {.IZ'x]1 IIYA +:V�x'>!uy[-...'. uu r.o, •! - tGt• ml, Ilea tt-v+'.•S 4 ua f - nn uc rUtt .. �{,�IL NOTES w ..nM'.n�'L �r�nir F�aarvy�Mi.m �•tpvi�rt y zt^a^ w a.yx e 1 � �'�a•...a..<,f--�.>� w s <��-� Nom. UrmI MFWDATA t, J4ya A caclnfnu^,ia•, TURY FARM COMMERaAL SUs. 7J PFFl1�tAVLViYMTIAYO � �! h1F1MYP ATLAY 1G� uta � 57it L'• Hill's Century Farm Commercial — MDA, PP H-2616-0092 PAGE 12 EXHIBIT A Exhibit A,3: Proposed Landscape Plan (dated: 7/14/16) NOT AP -PRO 0 (9f ji iii 0 G ------------------- T! ---------- — ------------ nlnf ERDU3 WE _?WMIGN111 WANG MAIL MOM"A 2� IREE fLA?MRG MIDWAMI DEML Hill's Century Farm Commercial — MDA, PP H-2016-0092 1 1 PAGE 13 EXHIBIT A Exhibit A..4: Conceptual Development Plan (dated: 8/2/16) HILL'S CENTURY FARM COMMERCIAL SUBDIVISION SITE PLAN u Hill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 14 ;M71:1 EXHIBIT A Exhibit A.5; Proposed Modifications to Development Agreement as Recommended by staff Proposed changes are noted in strike-ottt/tinder•line for•rzzat. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a Improve c Hewr-y La S, -Hillsdale Avenue as a public street adjacent to the east boundary of this site as required by Ada County Highway District. b. Business hours of operation in the C -N district shall be limited from 6:00 am to 10:00 pm as set forth in UDC11-213-3AA, except for the YMCA which is allowed to operate from 5:00 am to 10:00 pm. The residential care facility use does not violate the limitation onthe hours of operation. c. Future development of this site shall be generally consistent with the concept plans ppk-atiaert included in Exhibit A.3 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law in the original development agreement (Inst. 2015-061375); and Exhibits A.4 and A.6 of the Staff Report that is attached to the Findings of Fact and Conclusions of Law in the amended development agreement (H-2016-0092 (Exhibit "B9. d. Future development of this site should include a pedestrian pathway network that links the mixed use area with the residential and the elementary sebool/YMCA site as well as adjacent off-site properties. Vehicular connections should also be provided for interconnectivity within the site. e. The existing home in the R-8 zoning district that is proposed to remain at the south boundary of the annexation area midway between S. Eagle Road and S. Howry Lane shall be required to hook up to City water and sewer service within 60 days of services becoming available from the development of the adjacent R-8 zoned property per MCC 9-1-4A; the existing home that fronts on E. Amity Road that is proposed to be removed with redevelopment of the site and the existing home that fronts on S. Howry Lane that is proposed to remain in the C -N district as long as the Hill's reside there are not required to hook up to City services. I: The rear or sides of homes on lots that face S. Eagle Road and E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. g, Staff Repai4 that is attaehed te the Findings of Faet a -ad Genelusions of Law (Exhibit "B") is �r-y-c-cm al HT1 �z -az�d ems to pessilale-�-� o�-t lc4ailS am detailed plan shall be sabmitted thr-e4agh an amendfnent to -the development agreetRent wid beyond the OIJYN Qn — sits. I o ensure future development is consistent with the objectives and vision of the MU -N designation,atm -n om; the ftaur a - e inkeratefollowing the following: items will be considered in reviewingdevelopment applications: Hill's Century Farm Commercial -- MDA, PP H-2016-0092 PAGE 15 EXHIBIT A i. RYYilrltri hn YY:1-" e ee _1�i, er ia.1_'M y n rte'YfS to 1. lYate sei: a form ��11nfLLLLLL111113IIIIIIn w.me usabl�l_e are n eh a a plaza o rtreo_�n�s�uc+e,;- ii. Tr-&-fisitional uses and/or landsea-pe buffering should be previded bevA,een n.�er�n nri-AIIaZ+�� f-iri rti'%. Y i;y-'er 8- �-�,_.do n: y residential deNT elepraent' '� +�.�,, �4 ,,t' ,amu i'ti.Yi 'eet'Ttl�elude at least 3types`• _F'l.,t,a „Pan• i Community serving facilities (i.e. a school, park, YMCA, library, hospitals, churches, daycares, civic buildings, or public safety facilities) should be provided; v: Public and quasi -public spaces (i.e. plazas, parks, outdoor gathering areas, open space, library and schools) should comprise a minimum of 10% of the development area; v -i Street sections consistent with the Ada County Highway District Master Street Map are required; Y44, Neighborhood serving uses and dwellings should be integrated; vviii: Residential uses should comprise a minimum of 40% of the development area with net densities ranging from 4 to 8 units per acre with supporting non-residential services. Non-residential uses should be smaller scale and provide a good or service that people typically don't travel more than a mile for and need regularly; ix-. Non-residential buildings should be proportional to and blend in with residential buildings; Employment opportunities for those living in the neighborhood are encouraged; f ,Yr,neetiyitY. and , n between The rnixed use Project should be directly accessible to neighborhoods within the section by both vehicles and pedestrians; xii. Maximum b ildbig -size should be l4nited to a 20,000 s��ilding fe n; xiii: Planning of the C -N property north of the park and YMCA shall consider appropriate visibility, parking and emergency access to the future neighborhood park. Sample uses appropriate in the MU -N area would include: townhouses, multi-farnily developments, neighborhood grocer, drug stores; coffee/sandwich/ice-cream shops, vertically integrated buildings, live -work spaces, dry cleaner/laundromat, salons/spas, daycares, neighborhood -scale professional offices, medical/dental clinics, gift shops, schools, parks, churches, clubhouses, public uses, and other appropriate neighborhood -scale uses. h. A landscape buffer to residential uses is not required adjacent to the Hill home at the southeast corner of the site as buffering will be achieved through the adjacent City Park, YMCA and school complex and the property will eventually be pant of the YMCA site. i. The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site as shown on the Hill's Century Farm Commercial —MDA, PP H-2016-0092 PAGE 16 EXHIBIT A conceptual development plan; and the assisted livingfaciliiy and medical clinic shown on the detailed site plan approved with H-2016-0092, Hill's Century Farni Commercial — MDA, PP H-2016-0092 PAGE 17 EXHIBIT A Exhibit A.6: Conceptual Building Elevations (dated: July 2016) FRONT ELEVATION SIDE ELEVATION REAR ELEVATION OFFICE / RETAIL BUILDING MATERIALS Stucco cornice; three (3) coat stucco system on metal lath; tension canopies; aluminum window frame w/ tinted and insulated Mass; stone veneer wall and Base. Hill's Century Farm Commercial — MDA, PP H-2016-0093 PAGE 18 EXHIBIT A ASSISTED LIVING BUILDING MATERIALS Asphalt shingles; cultured stone; tHardi1 lap and shake siding; wood timber truss gable elements. Hill's Century Farm Coanmereial — MDA, PP H-2016-0092 PAGE 19 EXHIBIT A Hilt's Celltary FarM C.OIYUDCrGiBl — MDA, PP H-2016-0092 PAGE 20 EXHIBIT A B, Agency & Department Comments 1. PLANNING DIVISION 1.1 Site Specific Conditions of Approval I.1.1 The preliminary plat included in Exhibit A.2, dated 7/14/16, shall be revised as follows: a. r elude the western 171.42 foot Nvide too zened afea depieted withi,, Par -eel - en —+ie--ard-of Q,,.,.o,./4111121 G1 . ,:+t,:., the t, ,,, Ate, f +t,o plat. nmw "—vc . i=c-We-a •eet buff ,. with;,, . „en letlengg. Tavi&tAEI� set f in TJD(3 11 2B 3 an the R 8 zoned -Tp n of the site, The buffer is required to e�taintined lay t13e u..,,,oe,,.neF's As . ete tet, ,,t t 1, air t on the plat . ,,.. ;ng, '_ e=—Remove-A-he-aeeess driveways depieted via E. Amity Road and S. Hillsdale Avenue unkess a waivef is 1 by r;+„ Council to listed :• C- 11 3A--3tt waive �illDC -jyac a11)T" Led by t � Council foi- a drr'vaw access via E. Arni Road and . T�—Ayea-M-e d. A cross-access/ingress-egress easement shall be granted between lots in the proposed subdivision in accord with UDC I 1-3A-3. e. Include the 2 common area lots in the Development Data table. 1.1,2 The landscape plan included in Exhibit A.3, dated 7/14/16, shall be revised as follows: a. inelude- 44he--ar-ea shown within Pamel 2 an the Reeefd I Sunzeyr-eearded as #10245 within the beundaiy of e site . requifed ;, eon4isgo>:r-#' .1r z iu--apfl n—.' �r X14 3A 3, to UL}C 11-3A-3 was etprlov City Council ora ii ,etvcr a cess via E Anti Riad ander. illsdale�tv�. c. No trees are allowed within the portion of the street buffer along S. Hillsdale Avenue that contains the easement for the Cunningham Lateral. The applicant shall submit an application for alternative compliance to UDC 11 -3B -7C.3 as set forth in UDC 11-513-5. d. Include a street buffer along S. Tavistock Ave. as set forth in UDC Table 11-2B-3 per the standards listed in UDC 11 -3B -7C. 1.1.3 Construct S.Tavistook Ave. as a complete street section within this site with a stub to the adjacent property to the south. 1.1.4 The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and I 1 3A -6B. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C -N zoning district listed in UDC Table I 1-2B-3. 1,2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. tvilaiver to UDC 11-3A-3 wad droved by City t~�urr Mir a driveway acces is E Airaitt� Road and S. Flillsdale Ave�:ue. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1,2,4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. Hill's Century Farnt Commercial - MDA, PP H'-2014-0092 , PAQE 21 EXHIBIT A 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC l 1-3A-15, UDC 11-313-6 and MCC 9-1-28. 1.2,6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.23 Install all utilities consistent with the standards as set forth in UDC I 1-3A-21 and 11-313-51 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for non- residential uses. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313-7C. 1.2.10 Construct storm water integration facilities that meet the standards asset forth in UDC 11-313-1 IC, 1.2.11 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-30-3135 and 1 I- 313 -7C. 1.2.12 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees asset forth in UDC 11-313-10, 1.2.14 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-313-13 and UDC 11-313-14. 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-31" 1. 13.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 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 shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 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 I1 -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 11 -6B -3C2. Hitl's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 22 EXMBXT A 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat 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, 2) gain approval of a time extension as set forth in UDC 11-68-7, 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 responsible for the extension of sanitary sewer and water mains to provide service, including, but not limited to a 12 -inch water mainline across the development frontage in E. Amity Road per MCC 9-1 -1IB. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/publie—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. 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 casement(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 forrn 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 1 I" 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 developmnnt plan apps:oval signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). 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. 2.2.5 All existing structuresiw thin the bopu&Loff the alat carright-tai wa that are required to be removed shall be prior to signature on the final plat by the City Engineer. Hill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 23 EXHIBIT A 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 Iaw or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-14 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 (� (2{-,0. 8)375-5211. 2.2.7 S#eet signs are to L e in plar{�., iiis�alled, drainage lots eanstnieted, read ase appys--ved by the Ada County Highway Distriet an Final Plat for- this subdivision shall 1-,e r -e fid, piie - to applying f r building nn,.,. apo pef its crxrrcTa irr1 9��m_er�t i ateife�nafeiy a health Thal] be ML_ I fie prior to occupancy Qf the structure s• Where approved b the ity l n_gineer, an owner ma_y qc t ager rnan e__auL fpr�u�h iipprucapents in oder tonin' , n 'Meer Signore on the fin -ad p tis set forth in MC t IC-3B, 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for a]I uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 A41-develepmeirt-im , ' ekudilkg-l3ut r et 1i33}ited-to sem r d, Qr »ice eef i fie tes o ^eeupatn In the _eyenttat a>a =licant alp /ortwner I not CQr_rlplete non -lie non -safety and nui -health imp►�velnent , pri rQ to amity Eng n_ee_� _.sigl�attire�t n tl�e final plat and/or prior to ocGU_ pancy,_a_juremeagre_e_n�ent_may_be_rmY-cd iu fart i inJUD-3_C. 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 11-1--4B. 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 I -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. Hill's Centttiry Farm Commercial —MDA, PP H-2016-0092 PAGE 24 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 dle 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 pian set for approval, which must include the location of any existing street lights. Street light plan requirements are Iisted 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.nieridiancity.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. I POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. PIRI✓ DEPARTMENT 4.1 The Fire Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 On -street parking shall be provided on the south side of the street (B. Hill Park St.) adjacent to the park. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 37 -feet of right-of-way from the centerline of Amity Road abutting the site's west property line tapering to 49 -feet at the Howry Lane/Hillsdale Avenue intersection. 7.1.2 Widen the pavement on Amity Road to 17 -feet from centerline, tapering to 24 -feet to provide a dedicated right turn lane at the Howry Lane/Hillsdale Avenue intersection abutting the site. 7.1.3 Construct a 5 -foot wide detached concrete sidewalk located 31 -feet from the centerline of Amity Road at the west property line tapering to 42-fect from centerline at the Howry Lane/Hillsdale Avenue intersection abutting the site. Provide a permanent right-of-way easement or any portion of the sidewalk located outside of the dedicated right-of-way. Hill's Century Farm Commercial —MDA, PP'H=2016-0092 PAGE 25 EXHIBIT A 7.1.4 Coordinate with the West Ada School District and other area property owners to acquire the right-of-way necessary to construct the center left turn lane on Amity Road, 7.1.5 Construct a center left turn lane on Amity Road at the Howry Lane/Hillsdale Avenue intersection. 7.1.6 Construct a dedicated right turn lane on Amity Road at the Howry Lane/Hillsdale Avenue intersection, as proposed. 7.1.7 Dedicate additional right-of-way at for Howry Lane/Hillsdale Avenue at Amity Road to allow for the future construction of a single lane roundabout at the Howry Lane/Hillsdale Avenue/Amity Road intersection, as shown on page 6. This includes the existing 20 -foot wide private road easement for Howry Lane. 7.1.8 South of the influence area of the roundabout dedicate 38.5 feet of right-of-way for Howry Lane/Hillsdale Avenue abutting the site. This includes the existing 20 -foot wide private road easement for Howry Lane, 7.1.9 The existing 20 -foot wide private road easement for Howry Lane, shall be dedicated as right-of-way prior to plans acceptance and ACHD's signature on the first final plat. 7.1.10 If the applicant is unable to coordinate the dedication of the existing 20 -foot wide private road easement for Howry Lane, as right-of-way, then the road will need to be to be shifted to the west. If the roadway does need to be shifted to the west, then submit a revised preliminary plat to ACHD for review and approval. 7.1.11 Construct Howry Lane/Hillsdale Avenue as Avenue as half of a 36 -foot residential collector street section plus 12 -feet of pavement to total 30 -feet, with vertical curb, gutter, an 6 -foot wide planter strip and 8 -foot wide detached concrete sidewalk abutting the site and a gravel shoulder and barrow ditch on the opposite side of the roadway, as proposed. Provide a permanent right-of-way easement for the detached concrete sidewalks located outside of the right-of-way. If street trees are desired, widen the planter strip to a minimum width of 8 -feet. 7.1.12 Construct a dedicated left tuns lane on Howry Lane/Hillsdale Avenue at the Amity Road intersection to as recommend in the Hillsdale Elementary & YMCA Master Plan TIS. Coordinate the design of the intersection (one entry/receiving lane, and simultaneous left and right turns onto Amity Road with District Planning Review staff. 7.1.13 Coordinate with the YMCA and SRS AZ Investors, LLC to dedicate the right -of way necessary to accommodate the construction of Howry Lane/Hillsdale Avenue abutting the YMCA parcel. 7.1.14 If the applicant is able to coordinate with the YMCA and SRS AZ Investors, LLC to dedicate the right- of-way ight- of way necessary for the construction of Howry Lane/Hillsdale Avenue ACHD is willing to pay for the construction of the half street abutting the YMCA site as part of a cooperative development agreement (CDA) with the YMCA and SRS AZ Investors, LLC. The CDA would note that ACHD would front the design and construction costs associated with constructing Howry Lane/Hillsdale Avenue abutting the YMCA parcel to complete the street and that the YMCA and SRS AZ Investors, LLC would reimburse ACHD for their proportional share of the roadway design and construction when ACHD receives development applications for those sites. 7.1.15 If the applicant is able to coordinate the right-of-way dedication to allow for Howry Lane/Hillsdale Avenue to be constructed abutting the YMCA site, then the applicant should enter into a CDA with ACHD for the construction of the roadway. The CDA would note that the applicant would design and build Howey Lane from its current terminus north to Amity Road as %2 of a residential collector roadway, and that ACHD will reimburse the applicant for the design and construction of the portion of the roadway abutting the YMCA site. Dill's Century Farm Commercial — MAA, PP H-2016-0092 PAGE 26 EXHIBIT A 7.1.16 Prior to ACHD's signature on the first final plat provide a road trust deposit in the amount of $ 15,000 for the roundabout at the Amity Road/Howry Lane -Hillsdale Avenue intersection. 7.1.I7 Construct Hill Park Street as a 36 -foot street commercial street section with vertical curb, gutter, an 8 - foot wide planter strip, and 5 -foot wide detached concrete sidewalks within 63 -feet of riglit-of way, as proposed. The sheet section may be reduced to 33 to 34 -feet with fire department approval. 7.1.18 Construct Tavistock Avenue as half of a 36 -foot street section plus 12 -feet of pavement to total 30 -feet, with vertical curb, glitter, an 8 -foot wide planter strip and 5 -foot wide detached concrete sidewalk abutting the site and a gravel shoulder and barrow ditch on the opposite side of the roadway within 63 - feet of right-of-way, as proposed. 7.1.19 Construct 2 public streets onto Amity Road, as proposed. Travistock Avenue located `/a mile east of Eagle Road and Howry Lane/Hillsdale Avenue located `/z mile east of Eagle Road. 7.1.20 Construct one to the south, Travistock Avenue, located at the site's southwest property line. Install sign terminus of Travistock Avenue stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.21 If Howry Lane/Hillsdale Avenue is not constructed abutting the YMCA site, construct one stab street to the south, Howry Lane/Hillsdale Avenue, located at the site's southeast property line. Install a sign at the terminus of Howry Lane/Hillsdale Avenue stating that "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE." 7.1.22 Construct one 36 -foot wide full access driveway onto Amity Road located 575 -feet east of Travistock Avenue and 575 -feet west of Howry Lane/Hillsdale Avenue, as proposed. Pave the driveway it's full width at least 30 -feet into the site beyond the edge of pavement of Amity Road. 7.1.23 Construct one 36 -foot wide Rill access driveway onto Howry Lane/Hillsdale Avenue located 405 -feet south of Amity Road and 300 -feet north of Park Hill Street, as proposed. Pave the driveway it's full width at least 30 -feet into the site beyond the edge of pavement of Howry Lane/Hillsdale Avenue abutting the site. 7.1.24 Construct four 36 -foot wide driveways onto Park Hill Street. The driveways are to align centerline to centerline and are located 210 and 635 -feet west of Howry Lane/Hillsdale Avenue. Pave all four driveways their full width at least 30 -feet into the site beyond the edge of pavement of Park Hill Street, 7.1.25 Direct lot access is prohibited to Amity Road and Howry Lane/Hillsdale Avenue and shall be noted on the final plat. 7.1.26 Payment of impacts fees are due prior to issuance of a building permit. 7.1.27 Comply with all Standard Conditions of Approval. 7.2 Standard conditions of approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right -of way.Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of- way. 7.2.2 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 con, ipliance to District Development Review staff for review. 7.2.3 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.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. Hill's Century Farm Commercial -- MDA, PP H-2016-0092 PAGE 27 EXHIBIT A 7.2.4 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.5 It is the responsibility of the applicant to verify all existing utilities within the right -of way. The applicant at no cost to ACRD 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 ACRD 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. 7.2.6 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. 7.2.7 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. 7.2.8 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.9 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 ACHD. The burden shall be upon the applicant to obtain written confinnation of any change from ACHD. 7.2.10 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. Hill's Century Farm Commercial — MDA, PP H-2016-0092 PAGE 28 C. Required Findings from Unified Development Code 1. 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 transportation and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more injbrmalion. 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 inforrmation 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 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; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.). (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. ACRD considers road safety issues in their analysis. f The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. Hill's Century Farm Corranercial — MDA, PP H-2016-0092 PAGE 29 Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6X PROJECT NUMBER: ITEM TITLE: Initial Point Gallery Schedule i�-- Ilk; Resolution No.: Adopting 2017 Initial Point Gallery Schedule 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 CITY OF MERIDIAN RESOLUTION NO. (` `{ f BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE 2017 INITIAL POINT GALLERY SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code sections 2-2-2(A)(2) through (4) charge the Meridian Arts Commission with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, fostering the development of a receptive climate for the arts, and advising the City Council on the aesthetic aspects of works of art to be displayed by the City of Meridian; WHEREAS, the City desires that public art will be a component of Meridian City Hall, and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery; WHEREAS, on October 18, 2016, the Meridian Arts Commission reviewed all responses submitted to the Call to Artists, selected artists whose works are appropriate for display in Initial Point Gallery based on their respectively submitted proposals, including images set forth in Exhibit B, and recommends to the Meridian City Council that such artists' work be displayed in Initial Point Gallery in 2017; and WHEREAS, the Mayor and City Council find that display in accordance with the proposed 2017 Initial Point Gallery Schedule, as set forth in Exhibit C, will serve the best interest of the people of Meridian and visitors to Meridian City Hall; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the proposed 2017 Initial Point Gallery Schedule, attached hereto as Exhibit C, as may be amended or supplemented by the Arts & Culture Specialist from time to time as necessary, is hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That the Arts & Cultures Specialist is hereby authorized to invite the artists enumerated on the 2017 Initial Point Gallery Schedule to display their work in Initial Point Gallery, subject to terms and conditions of a written agreement to be negotiated by the City Attorney's Office. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. t ADOPTED by the City Council of the City of Meridian, Idaho, this 136day of December, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December, 2016. APPROVED: Mayor Tammy OtiP,*�D ALICUSl 2�0 City of eerd f SFS - 4 ATTEST: C.1lay Col ' , rty Cferk RESOLUTION ADOPTING 2017 INITIAL POINT GALLERY SCHEDULE Page 1 of 16 Call for Artists: 2017 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2017 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides about 100 feet of total wall space for hanging two-dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be required to pay a $35 gallery maintenance fee and enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; Letter of intent, including biography of the artist(s) or informational statement regarding organization; 250-word informational paragraph about the artist or organization (for use in gallery publicity if selected); and Five (5) digital images representational of the works proposed for display (for organizations, each image must be of a different artist’s work); and $35 gallery maintenance fee, upon acceptance. (nonrefundable) Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: To be considered, all proposals must be received by MAC by 5:00 p.m. on Friday, October 7, 2016. SELECTION PROCESS: The selection of art for the 2017 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Proposal’s adherence to the Call for Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: Following selection, selectees will be required to pay a $35 gallery maintenance fee and enter into an Acceptance Agreement with the City setting forth specific conditions of display. The City of Meridian will provide selected artists/ organizations with the following resources: Volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information and/or an information board; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: mac@meridiancity.org Exhibit A DY A N F E R R E N Exhibit B JO S E P H I N E F O R R E S T E R CA R O L J O H A N S E N JO N I F R E Y BE N & C E L I N A I N N O C E N T DA V I D K N O E C K L E I N KI M L O C K ED I E M A R T I N PL E I N A I R P A I N T E R S O F I D A H O ME G A N S H A R R A T T SH E R R I S T E H L E TH E 4 C ’ S JE S S I C A T O O K E Y 2017 INITIAL POINT GALLERY SERIES Month Artist(s) Install Reception Close Remove JANUARY Small School’s Voices: Artists from Cole Valley Christian HS, Compass Charter HS, & Renaissance HS 12/16/2016 12/20/2016 2/2/2017 2/3/2017 FEBRUARY Tim Allen Paula Ryan Megan Sharratt 2/3/2017 2/7/2017 3/2/2017 3/3/2017 MARCH Cyndy Lounsbury Sherri Stehle 3/3/2017 3/7/2017 3/30/2017 3/31/2017 APRIL Cindy Gillett Christina Karras David Knoecklein Louise Levergneux 3/31/2017 4/4/2017 4/27/2017 4/28/2017 MAY The 4 C’s: Joyce Green Naomi Elton Carol Smith Jane Wilson 4/28/2017 5/2/2017 6/1/2017 6/2/2017 JUNE Dyan Ferren Kim Lock 6/2/2017 6/6/2017 6/29/2017 6/30/2017 JULY Lauri Borer Josephine Forrester Terri Thickson 6/30/2017 7/11/2017 7/27/2017 7/28/2017 AUGUST Carol Johansen Genie Sue Weppner 7/28/2017 8/1/2017 8/31/2017 9/1/2017 SEPTEMBER Jessica Tookey Edie Martin 9/1/2017 9/5/2017 9/28/2017 9/29/2017 OCTOBER Plein Air Painters of Idaho TDB 9/29/2017 10/3/2017 11/2/2017 11/3/2017 NOVEMBER Ben & Celina Innocent Erin Pietsch 11/3/2017 11/14/2017 11/30/2017 12/1/2017 DECEMBER Joni Frey Idaho Gourd Society 12/1/2017 12/5/2017 1/4/2018 1/5/2018 Exhibit C Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 6Y PROJECT NUMBER: ITEM TITLE: Resolution No.: A Resolution Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons, Committee Liaisons, Committee Members, Commission Ex -Officio Members, and City Area Contacts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes r► FRKS OFFICE FINAL ACTION CITY OF MERIDIAN RESOLUTION NO. 1' i BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS DEPARTMENT LIAISONS, COMMITTEE MEMBERS, COMMISSION EX -OFFICIO MEMBERS, AND CITY AREA CONTACTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Meridian City Code section 1-7-6(A), the president of the City Council is to appoint a city council member to be council liaison of each of the City departments, and at the City Council meeting on December 6, 2016, City Council President Keith Bird did make such appointments, as set forth in Exhibit,4 hereto; WHEREAS, City Council members are authorized to represent the City of Meridian at, or attend on behalf of the City of Meridian, the meetings of various interagency boards, committees, and initiatives, including the Community Planning Association of Southwest Idaho, the Ada County Air Quality Board, the Meridian Rural Fire District Board, Meridian Development Corporation, Allumbaugh House Joint Powers Entity, Ada City -County Emergency Management Executive Council, and Valley Regional Transit Board; WHEREAS, pursuant to Meridian City Code section 2-1-1(C)(9), each commission shall include a. City Council member to serve in an ex -officio, non-voting capacity, and at the City Council meeting on December 6, 2016, City Council President Keith Bird did make such appointments, as set forth in Exhibit A hereto; WHEREAS, in order to facilitate timely public service, there are designated five City areas, and at the City Council meeting on December 6, 2016, City Council President Keith Bird did delegate to each City Council member primary responsibility for responding to citizen inquiries originating from that City area, as set forth in Exhibitv A and B hereto; and WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council members appointed by City Council President Bird to serve as liaisons to the respective departments, as set forth in Exhibit A hereto, shall fulfill the duties of such function as enumerated in Meridian City Code section 1-7-6(B). Section 2. That the City Council members appointed by City Council President Bird to serve as ex -officio members of the respective commissions, as set forth in Exhibit A hereto, shall fulfill the duties of such function as enumerated in Meridian City Code section 2-1-1(C)(9). RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE I OF 3 Section 3. That the City Council members appointed by City Council President Bird to serve as contact persons for the respective City areas, as set forth in Exhibits A and B hereto, shall have primary responsibility for responding to citizen inquiries originating from those respective City areas. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of December, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December, 2016. AUGUg3., O r! o� 4� C;ty �{ I'D INS S ATTEST: o,, TVJ By: Clay Coles, rty Clerk APPROVED: Mayor Ta de Weerd RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE OF 3 RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 3 OF 3 EXHIBIT A CITY COUNCIL MEMBER APPOINTMENTS Seat Council Member Department Liaison Appointment Committee and Commission Appointment City Area Designation 1 Anne Little Roberts alittleroberts@meridiancity.org c: 208-861-4799 Parks COMPASS (alternate) Parks & Recreation Commission, ex officio 3 2 Joe Borton jborton@meridiancity.org h: 208-288-2630 c: 208-870-3764 Support Services Allumbaugh House (alternate) 1 3 Ty Palmer typalmer@meridiancity.org c: 208-954-6432 Community Development Legal Historic Preservation Commission, ex officio VRT Board 4 4 Keith Bird kbird@meridiancity.org h: 208-888-2108 c: 208-860-7757 Public Works Mayor Meridian Development Corporation ACCEM (alternate) 5 Genesis Milam gmilam@meridiancity.org c: 208-371-6009 Police Arts Commission, ex officio Solid Waste Advisory Commission, ex officio 2 6 Luke Cavener lcavener@meridiancity.org c: 208-695-4536 Fire VRT Board Ada County Air Quality Board Meridian Rural Fire District Board Transportation Commission, ex officio 5 RESOLUTION APPOINTING CITY COUNCIL LIAISONS AND REPRESENTATIVES PAGE 4 OF 3 EXHIBIT B CITY AREAS Meridian City Council Meeting nnTF- December 6. 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Youth Advisory Mayor's Youth Advisory Council Update MEETING NOTES U C�,c 64-t�t Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Resolution No. I= l : A Resolution Appointing Megan Larsen to Seat 5 of the Meridian Solid Waste Advisory Commission MEETING NOTES r�i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: CITY OF MERIDIAN RESOLUTION NO. is ° �r 1 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING THE APPOINTMENT OF MEGAN LARSEN TO SEAT 5 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, Seat 5 of the Meridian Solid Waste Advisory Commission is currently vacant; and WHEREAS, the Mayor and City Council for the City of Meridian wish to appoint Megan Larsen to Seat 5 of the Meridian Solid Waste Advisory Commission with a term to expire September 30, 2019; and WHEREAS, the Mayor and City Council of the City of Meridian deems the appointment of Megan Larsen to Seat 5 of the Solid Waste Advisory Commission to be in the best interest of the Meridian Solid Waste Advisory Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3, Megan Larsen is hereby appointed to Seat 5 of Meridian Solid Waste Advisory with a term to expire September 30, 2019; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2016. ADOPTED by the City Council of the City of Meridian, Idaho, this day of December, APPROVED by the Mayor of the City of Meridian, Idaho, this day of December, 2016. 11005 VSD A UCUs�s APPROVED: City of c ATTEST: EII�IAN� —'-- IQLANO / x 4a� S By: Mayor Ta de Weerd^o�,h, Txea,���LC.Jay = les, City Clerk RESOLUTION FOR APPOINTMENT OF MEGAN LARSEN TO THE SOLID WASTE ADVISORY COMMISSION - Page 1 Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 8C PROJECT NUMBER: ITEM TITLE: Fire Department Fire Department: Sale of Surplus Vehicle, 2002 Pierce Enforcer Fire Engine to Middleton Fire & Rescue District MEETING NOTES LXX Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS M-0 V NNn-(-�N3� CITY OF MERIDIAN `�' 1 ��`' ASSET TAG # DEPARTMENT N/A ASSET INFORMATIOl pftM Fire QUANTITY I DESCRIPTION SPECIFIC LOCATION 1 2d;tPierce Enforcer — MF010 Meridian Fire Station 5 MODEL MANUFACTURER SERIAL # VENDOR Enforcer Pierce Vin #: 4P1CT02A92A002733 Pierce Manufacturing ORIGINAL COST ACQUISITION DATE T LIFESPAN $300,000 10/01/2002 110 years ❑ Add New Asset Upon receipt of a new asset take the time to adhere a tag and complete the "Asset Information Form" and forward to Finance. ® Dispose Asset (please give a brief description of how you disposed of the asset)Sell to Middleton Fire. ❑ Transfer Asset ❑ Retire Asset ASSET DISPOSAL To dispose of an item complete the "Property Disposal Authorization Request" or "Asset Information Form". Once the form is complete it should be routed as follows: A. Signature and date of Department Director. B. Send to Finance Department for review and signature. C. Finance will route to Mayor for approval. D. Mayor will route form back to Finance. E. Finance will return the approved form to the Department (and Legal, if resolution is required) so they can proceed with disposal. DISPOSAL VALUE $ 30,000.00 (use your best estimate) PROPERTY DISPOSAL AUTHORIZATION REQUEST Reason for disposal of property: Exceeded vehicle life. Replaced by new vehicle. Condition of asset to be disposed: Fair. Current mileage = 169,037 12,-/-/(e Vepartrnenf Director Approval to Dispose or Retire an Asset Date Fina ce Ap to Dis se etir n Asset Date A roval to Dispose or Retire an Asset Date Resolution No.: I Approved by Council Date: Final Disposition of Property Vendor/Agency & Date: Note: All Donations must be approved by Council through Resolution. Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Middleton Fire & Rescue District Resolution No. �6 - N : A Resolution Authorizing Sale of 2002 Pierce Enforcer Fire Engine to Middleton Fire & Rescue District E. MEETING NOTES U APPROVED 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 RESOLUTION NO. / l9 — 1l 0 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL A 2002 PIERCE ENFORCER FIRE ENGINE TO THE MIDDLETON RURAL FIRE & RESCUE DISTRICT. WHEREAS, it is in the best interest of the City of Meridian to declare that a certain 2002 Pierce Enforcer Fire Engine as attached in Exhibit "A" as surplus as this particular item is no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be sold to other government agencies when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the 2002 Pierce Enforcer Fire Engine would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to sell a 2002 Pierce Enforcer Fire Engine listed in Exhibit "A" to Middleton Rural Fire & Rescue District, a government agency, the mission of which is to provide fire protection and rescue services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain 2002 Pierce Enforcer Fire Engine attached hereto as Exhibit "A" is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the 2002 Pierce Enforcer Fire Engine listed in Exhibit "A" for $30,000, to the Middleton Rural Fire & Rescue District. ADOPTED by the City Council of the City of Meridian, Idaho, this day of December, 2016. APPROVED by the Mayor APPROVED: Mayor Tanpfiy/de Weerd of Meridian, Idaho, this day of December, 2016, Sovoj V,D A UG 4 I 2G0 X90 u� city or ENDIAN-- EAL T�?0� r he'i R E ATTEST: By: C. ay CoW,,,�`CI Clerk RESOLUTION AUTHORIZING SALE OF 2002 PIERCE ENFORCER FIRE ENGINE TO MIDDLETON RURAL FIRE & RESCUE DISTRICT Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: $E PROJECT NUMBER: ITEM TITLE: Planning and Zoning Commission Mayor's Office: Continued Discussion About Potential Expansion of Planning and Zoning Commission MEETING NOTES I 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: December 6, 2016 ITEM NUMBER: 9A PROJECT NUMBER: H-2016-0124 ITEM TITLE: Goldengrove Subdivision Final Plat Continued from November 22, 2016 for Goldengrove Subdivision (aka Logan Creek) (H-2016-0124) by Heartland Homes, LLC Located at 4617 Martinel Lane 1. Request: Final Plat Consisting of 67 Building Lots and 15 Common Lots on 21.75 Acres of Land in the R-4 Zoning District MEETING NOTES c✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Changes to Agenda: None Item #9A: Goldengrove Subdivision (fka Logan Creek) (H-2016-0124) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 21.75 acres of land, zoned R-4, located at 4617 & 4620 S. Martinel Lane. Summary of Request: The proposed final plat consists of 67 building lots and 17 common area lots on 21.75 acres of land in the R-4 zoning district. There are 2 existing homes that are proposed to remain on lots in the subdivision. All of the lots are for single-family detached homes and comply with the dimensional standards of the R-4 district. The proposed final plat is consistent with the preliminary plat approved for this development. Written Testimony: Kent Brown, Applicant’s Representative – In agreement w/staff report Staff Recommendation: Approval w/conditions Notes: City Council Meeting December 6, 2016 Item #9A: Goldengrove Subdivision Vicinity/Zoning Map Final Plat Amity Rd Ea g l e R d Meridian City Council Meeting DATE: December 6, 2016 ITEM NUMBER: 9B PROJECT NUMBER: H-2016-0125 ITEM TITLE: Whiteacre Subdivision No. 2 Final Plat for Whiteacre Subdivision No. 2 (H-2016-0125) by Whiteacre Development Corp., Located West Side of N. Meridian Road, Between W. Ashton Drive and W. Lava Falls Drive 1. Request: Final Plat Approval Consisting of Thirty -One (31) Residential Lots and Eleven (1 1) Common Lots on 7.04 Acres of Land in the R-8 Zoning District MEETING NOTES 9 APPROVED 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: December 6, 2016 ITEM NUMBER: 10A PROJECT NUMBER: H-2016-0047 ITEM TITLE:Verado Subdivision r Inance o. - n Urdinance - - - Verado u Ivlslon FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 SECTION 5, 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-8 (MEDIUM DENSITY RESIDENTIAL) AND R-15 (MEDIUM - Hl( -,H I)FN.SITY RFCInFNTIAI 1 7nNINC, NUPI('TC IN TNF MFRINAN C_'ITY r nnF• PRnVnINC' MEETING NOTES K APPROVED 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 2016-119083 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 12/08/2016 01:25 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0047 — VERADO SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 SECTION 5, 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-8 (MEDIUM DENSITY RESIDENTIAL) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS 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: CIS, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential) and R-15 (Medium -High Density Residential) Districts, 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 — VERADO SUBDIVISION (H-2016-0047) 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 bytitle 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 ,k day of _ M a 92016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this da of y 2016. ATTEST: CITY CLERK MAYO de WEERD ANNEXATION — VERADO SUBDIVISION (H-2016-0047) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada On this (p day of , 2016, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAAN known to ane 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 Band and affixed my official seal the day and year first above written. L (SEAL) NOTARY �PUBL�lR AHO HI RESIDING AT: —moy Aodeuko MY COMMISSION EXPIRES; 00 t ANNEXATION — VERADO SUBDIVISION (H-2016-0047) Page 3 of 3 Exhibit A 519',,vtcooth LanLi '—urveyin�j, i C June 7, 2016 Vetado R-15 Zone Legal Basis of Bearings for this legal description is South 89"44'57" East between the brass cap marking the northwest comer of Section 5 and the brass cap marking the N1/4 of Section 5. A parcel of land located in Government Lot 3, of Section 5, T. 3 K, R. 1 E., B.M., Ada County, Isiah© more particularly described as follows, at a found brass cap marking the northwest comer of Section 6; Thence South 8904457" East, coincident with the northerly line of said Section 5, a distance of 1507.64 feet; Thence South 0030'14!' West, 50.00 feet to the southerly right of way of E. Ustick Road and the POINT or SEGINNING; Thence South 890,4457' East, parallel With said northerly line of Said Section 5, a distance of 812.80 feet; Thence South 0°27'26" West, 149.00 feet; Thence North 8904457" West, parallel with said northerly line of Section 5, a distance of 124.00 feet; Thence South 0027'26" West, 496.00 feet, Thence North 89044'57" West, parallel with said northerly line of Section 5, a distance of 248,30 feet to the beginning of a tangent curve; Thence 38.19 feet along the are of said curve to the left, with a central angle of 4304532", a radius of 50.00 feet, subtended by a chord bearing South 681,22'17" West, 37.27 feet to the northerly line of Packard Acres Subdivision No. 2, as shown on file in Book 85 of Plats, at Page 9502, Ada County Records; Thence North 30"42'17" West, coincident with said northerly line of said Packard Acres Subdivision No. 2, a distance of 59.52 feet; Thence North 58118'33" West, coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of 99.33 feet, Thence North 8601515" West, coincident with said northerly line of Packard Acres Subdivision .. .1 No. 2, a distance of 133.83 feet (fon-nerly 133.76 feet) to the northwest corner of said Packard Acres Subdivision No. 2, P,X20J6\16027-CMG-UST1CK & LOCUST GROVE TOPOkSuiveylDrawingsDescriptionsl16027 R-15 ZONE LEGAL -REV 1 -doex Page 11 Thence South'0127'32" West, coincident with the westerly line of said Packard Acres Subdivision No. 2, a distance of 30.54 feet to the southerly right of way of the Finch Lateral; Thence South 83,000'30" West, coincident with said southerly right of way of the Finch Lateral, 49.31 feet; Thence North 84024'18" West, coincident with said southerly right of way of the Finch Lateral, 252.96 feet: Thence North 77041'30" West, 36.01 feet to the westerly line of said Government Lot 3; Thence North 002658" East, coincident with said westerly line of Government Lot 3, a distance of 347.69 feet; Thence South 89146'25" East, 179.34 feet; Thence North 013014" East, 205,79 feet to the POINT Of BEGINNING. The above described parcel contains 11.46 acres more or less. PA20M1602.7-C G-UST€Cly & LOCUST GROVE TOPOSurvey\DravvJngaDoscriptions\I 6027 R-1 5 ZONE LEGAL -REV I.dom Page 12 Daivtooth 1 -,incl 5ur�iayfriLLG June 7, 2016, 2016 Verado R-8 Zone Legal Basis of Bearings for this legal description is South 8904457" East between the brass cap marking the northwest corner of Section 5 and the brass cap marking the N114 of Section 5. A parcel of land located in Government Lot 3, of Section 5, T. 3 M, R. I E., B,M,, Ada County, Idaho more particularly described as follows; at a found brass cap marking the northwest comer of Section 5, Thence South 89P4457" East, coincident with the northerly line of said Section 5, a distance of 1507,64 feet; Thence South 01130'14" West, 255.79 feet; Thence North 89046'25" West, 179,34 feet to the westerly line of Government Lot 3; Thence South 01126'58" West, coincident with said westerly line of Government Lot 3, a distance of 347,69 feet to the southerly right of way of the Finch Lateral and the POINT OF BEGINNING; Thence South 77"41'30" East, coincident with said southerly right of way of the Finch Lateral, 36.01 feet; Thence South 84124'18' East, coincident with said southerly right of way of the Finch Lateral, 252.96 feet; Thence North 83100'30" East, coincident with said southerly right of way of the Finch Lateral, 49.31 feet to the westerly boundary of Packard Acres Subdivision No. 2 as shown an file in Book 85 of Plats, at Page 9502, Ada County Records; Thence South 0"27'32" West, coincident with the westerly line of said Packard Acres Subdivision No. 2, a distance of 650.41 feet; Thence North 8911,3213" West, coincident with said westerly line of Packard Acres Subdivision No. 2, a distance of 4.74 feet; Thence South 0028'00" West, coincident with said westerly line of Packard Acres Subdivision No. 2, a distance of 8,12 feet to the northeast comer of Chamberlin Estates Subdivision as shown on file in Book 71 of Plats, at Page 7299, Ada County Records; Thence North 89144'07" West, coincident with the northerly line of said Chamberlin Estates Subdivision, 331.23 feet (formerly 331.34 feet); P:\2016\16G27--CMG-USTICK &LOCUST GROVE TOPO\Survey\DraWingskDescriptionsNl6O27 R-8 ZONE LEGAL -NE REV1,docx Ij : aq,�! 11 Thence North 01126'58" East, coincident with the easterly line and the easterly line extended of Block 4, of Chamberlin Estates Subdivision, 683.30 feet to the POINT OF BEGINNING. ALSO TOGETHER WITH: A parcel of land located in Government Lot 3, of Section 5, T. 3 N., R. 1 E., B.M., Ada County, Idaho more particularly described as follows; at a found brass cap marking the northwest comer of Section 5-, Thence South 89044'57" East, coincident with the northerly line of said Section 5, a distance of 2320.40 feet; Thence South 0"2725" West, 199.00 feet to the POINT OF BEGINNING; Thence continuing South 002726" West, 676.24 feet to the northeast corner of Packard Acres Subdivision No. 2, as shown on file in Book 85 of Plats, at Page 9502, Ada County Records;; Thence North 861109'31 " West, coincident with the northerly line of said Packard Acres Subdivision No, 2, a distance of 153.77 feet; Thence North 76001'02" West, coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of 191.51 feet; Thence North 3t}°42''17" West, coincident with said northerly line of Packard Acres Subdivision No. 2, a distance of I29.74 feet to the beginning of anon -tangent curve; Thence 38.19 feet along the arc of said curve to the right, with a central angle of 43145,32", a radius of 50.00 feet, subtended by a chord bearing North 68022"17" East, 37,27 feet; Thence South 891144'57" East, 248.30 feet Thence North 0"27'26' East, 496.00 feet; Thence South 89044'67" East, 124.90 feet to the POINT OF BEGINNING The above described parcels contain 7.89 acres more or less. RA2016\16027-CMG-U8TiCK & LOCUST GROVE TOPO\SurveyIDrawingsNDegoriptions\16027 R-8 ZONE LEGAL -NE REVi.doex Pag� 1? EXHIBIT GOVERNMENT LOT 3, SECTION T. 3 N., R. I E., B.M. ALBA COUNTY, IDAHO . s�a�sti'z�rCrrrr»`a ITS VERADO GMG !0247EMMETT, 83617 s�2� R-15 ZONE, � <' P 208 -810 PRozar F. 2ti38-1 1627 -Ex ° qtr t3 -' , � x�r as l ._. it f x;,. L'",� ter.,.- _. - _..e..; ..�.. ..,... --.... Sit' ry _ a"fi�tir t$a,F k 7� �4f enp MMi: lYj fta } } 7 ii S �'A a` �-ii i�" Fs p'a�•�3:4. � �x M N53G t�ia. �r e...3+k 2 ' $. f, s:.. is', f:. i T#6�7*•!e'�Y4#' 3rd` „ ��� .i.. . s�a�sti'z�rCrrrr»`a ITS VERADO GMG !0247EMMETT, 83617 s�2� R-15 ZONE, � <' P 208 -810 PRozar F. 2ti38-1 1627 -Ex EXHIBIT L GOVERNMENT LOT 3, SECTION T 3 N., R. I E., B.M. ADA COUNTY, IDAHO Ull Ir r F u5rt£ r 5 .a ._... .. ... W.�„_ V M1 Lk{ Iq� 17934 as o taEatzurs Y ti zi , Mr t,'r: E: a hd �4 CUMVEZASLe i . t t ?M `Y 1: 3QStlrf."Mn`""FJttivo 2 2030 S. WASHINGTON AVE. VER A -DO CMGr .- , fllu?METT, ID 8361' R-- ZONE P � P. 208 398-8104 fr 1 612#16= NT 16027 16427 -EX' 1OF1 'A 7b?Six Pau X931' f i 444 k i + i i i f�Art w Ilk i R ' ±✓f i i . t t ?M `Y 1: 3QStlrf."Mn`""FJttivo 2 2030 S. WASHINGTON AVE. VER A -DO CMGr .- , fllu?METT, ID 8361' R-- ZONE P � P. 208 398-8104 fr 1 612#16= NT 16027 16427 -EX' 1OF1 Map Check ZONE R-8 16027 ODerator CP Date 6/2016 Mon Jun 06 07:32:00 2,016 Project 16027 TiMe Course Bearing Distance PT# Northing Easting 1079 717421.867 2462095-460 1079-10395 0002712511 w 676.239 1039 71,6745.649 2462090.066 1039-1040N 86009131" W 153.368 1040 716755-951 2461936.643 1040-1041N 7600110211 W 191-510 14141 716802.225 2461750.800 1041-1084N 30042F17" W 129.736 1084 716913.774 2461684.563 CURVE A-38.187 DELTA=43045'32" T-20.079 EXT -3.881 1084-1082N 68022117" E 37.265 1082 716927.509 2461719,205 R7DIUS POINT 50.000 1063 716877.510 2461718,986 1082-10818 89044'57" E 248.302 1081 716926.422 2461967-504 1081-108ON 00027125" E 496.003 1080 717422.410 2461971.460 1080-1079S 8904415711 E 124.001 1079 717421.867 2462095.460 Closure error distance> 0.000 Error Bearing> N 90'00'00" E Closure Precision> I in 2057745875049.0 Total Distance Traversed> 120482 92F' 2.766Ac$jAP Vl� /7/1�, 14 Page 1 of 1 Description 20;5`7.346 Meridian City Council Meeting DATE: Decemer 6, 2016 ITEM NUMBER: 11 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: ►vi1=121111ki"ZEel I=h1 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: December 6, 2016 ITEM TITLE: Executive Session ITEM NUMBER: PROJECT NUMBER: Executive Session per Idaho State Code 74-206(1) (d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code MEETING NOTES ],j -1AD e 6-_33PM SENT TO APPLICANT aA- C Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION 12 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS