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2017-01-03
El� CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 3, 2017 at 6:00 PM 6:09PM 0 Anne Little Roberts X Joe Barton X Ty Palmer 0 Keith Bird Genesis Milam —X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of December 13, 2016 City Council Workshop Meeting B. Intergovernmental Memorandum of Understanding for Use of Meridiar, Police i-•. Canine Holding Facility C. Final Plat • Southridge Subdivision No. 3 (H-2016-0133) • Corey Barton Homes, Inc. Located Southwest Corner of S. Linder Road and W. Overland Road D. Final Order for Knightsbridge Subdivision (H-2016-0126) by Schultz Development Located 3870 E. Victory Road E. Final •r•- for ••' • Subdivision No. 5 (H-2016-0127) by Thomas Coleman, Coleman Homes, LLC Located South Side of W. McMillan Road, Approximately 1/4 Mile East of N. Black Cat Road F. Final Order for Roundtree Place Subdivision (H-2016-0130) by Trilogy Development Located 755 S. Linder Road G. Findings of Fact, Conclusions of Law for Movado Estates Subdivision (H- 2016-0112) by DevCo, LLC, Located at the • Side of E. Overland '«.• Between S. Topaz Way and S. Cloverdale Road Meridian City Council Meeting Agenda Tuesday, January 3, 2017 — Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, H. Findings of Fact, Conclusions of Law for Black Cat and Chinden Annexation (H-2016-0120) by Pine Street LLC, Located at 6280 N. Black Cat Road I. Findings of Fact, Conclusions of Law for 43 North Subdivision (H-2016- 0090) by KGA Development, LLC, Located at 1318 NE 4th Street J. Amended Development Agreement for Interstate Center-Wahooz-Roaring Springs (H-2016-0119) with BlackMor, LLC and BowDen Properties generally located near the NW corner of W. Overland Road and S. Meridian Road, in the South 1/2 of Section 13, Township 3N., Range 1W K. Murgoitio Limited Partnership Water Main Easement for S Locust Grove Main L. L&G Murgoitio LLC Water Main Easement for E. Lake Hazel Main M. Agreement to Accept Payment in Lieu of Installing a Street Light at Walmart Fuel Store #2862 N. Authorization for the Purchasing Manager to sign PO #17-0139 for the Not - To -Exceed amount of $77,562.00 to Taser International for Evidence.com License fees for the current Body Worn Cameras per the current Agreement approved by Council November 18, 2014 O. Resolution No. 16-1186-A: Approving an amended office lease to Congressman Raul Labrador 6. Items Moved From the Consent Agenda None 7. Community Items/Presentations A. Lakeview Golf Course 2017 Capital Improvement Project Proposal Approved 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council Update B. Parks and Recreation Department: Resolution No. 16-1188: Adopting Meridian Parks and Recreation Commission's 2017 Pathway Priority Task List Approved C. Parks and Recreation Department: Resolution No. 16-1189: Adopting 2016 Meridian Pathways Network Map Approved Meridian City Council Meeting Agenda Tuesday, January 3, 2017 — Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Public Works Department: Construction Contracts and Task Orders for the WRRF Liquid Stream Capacity Expansion Project E. Award of Bid and Approval of Construction Contract to JC CONSTRUCTORS, INC. for the "WRRF Liquid Stream Capacity Expansion" project for a Not -To -Exceed amount of $35,565,000.00 Approved F. Approval of Task Order 10601.G to Brown and Caldwell for the "WRRF CAPACITY EXPANSION SERVICES DURING CONSTRUCTION" project for a Not -To -Exceed amount of $1,463,235.00 Approved 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 Staffs 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 Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing for Dorado Subdivision MDA (H-2016-0131) by Jake Wylie Located 2490 and 2976 E Overland Road Approved Request for a Modification to the Development Agreement for Dorado Subdivision to remove the requirement for a Conditional Use Permit on Lots 1 and 2, Block 1 by Jake Wylie B. Public Hearing for Una Mas (H-2016-0132) by Chad Olsen Located Southwest Corner of N. Records Avenue and E. Tecate Lane Approved Request: Modification to the Development Agreement (Inst. #106137048 & 2016-106279) to Allow a Reduced Buffer Width from Twenty -Five (25) to Five (5) Feet on the C -G Zoned Property to Residential Units 10. Ordinances A. Ordinance No. 16-1717: An Ordinance Amending Meridian City Code as Codified at Title 11, Section 3 Entitled the Unified Development Code, of the Meridian City Code; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. Approved Meridian City Council Meeting Agenda Tuesday, January 3, 2017 — Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. Future Meeting Topics 12. Executive Session per Idaho State Code 74-206(1)(d) and 74-206(1)(f). (d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Into Executive Session at 7:13pm Out of Executive Session at 8:20pm Adjourned at 8:20pm Meridian City Council Meeting Agenda Tuesday, January 3, 2017 — Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Changes to Agenda: None Item #9A: Dorado Subdivision (H-2016-0131) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 1.25 acres of land, zoned C -G, located at 2940 & 2976 E. Overland Road. History: This property was annexed in 2005 with the requirement of a development agreement. A CUP for a planned development was also approved. Comprehensive Plan FLUM Designation: MU -R Summary of Request: The applicant requests a modification to the existing DA to remove the requirement for a CUP for development on Lots 1 & 2, Block 1, Dorado Subdivision. When the CUP was approved for this subdivision in 2005, the City had not yet adopted standards for design review and required development to obtain CUP approval to ensure quality of design. Since that time, the City has adopted standards for building and site design and no longer requires CUP approval if the use is a principal permitted use in the zone. For this reason, staff doesn't feel it's necessary to require a CUP as all future development is subject to design review. Any uses that require CUP approval in the C -G district per UDC Table 11-213-2 will still be subject to a CUP. Written Testimony: None Staff Recommendation: Approval Notes Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0131, as presented in the staff report for the hearing date of January 3rd, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0131, as presented during the hearing on January 3rd, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0131 to the hearing date of January 3rd, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) Item #913: Una Mas (H-2016.0132) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: Una Mas Subdivision is zoned C -G and is located at the SWC of E. Ustick Road & N. Records Ave. History: This property was annexed in 2005 with the requirement of a development agreement. Comprehensive Plan FLUM Designation: MU -R Summary of Request: The applicant requests a modification to the existing DA to include a provision to allow a reduced buffer width on the C -G zoned property to residential uses. The applicant proposes a reduction from the UDC required 25' to 5' on the C -G zoned property and a 5 -foot wide buffer on the residential property along the shared property line for a total of a 10' wide buffer between uses. All of the properties in Una Mas subdivision are zoned C -G. The first phase of a MFR project (Verraso) has developed at the south end of the subdivision and two additional phases are proposed to the north that will abut property that is anticipated to develop with commercial uses. In addition to the proposed 10' buffer, a 20' foot wide driveway for access to the residential units is proposed along the north boundary of the residential development. Twenty -foot deep garages are also proposed, which buffers and separates the living area of the residential units even more from the future commercial uses. If dense landscaping within the buffer is provided in accord with UDC standards, Staff feels the physical separation and landscaping will provide an adequate buffer. Written Testimony: Chad Olsen, Applicant (in agreement w/staff report) Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0132, as presented in the staff report for the hearing date of January 3rd, 2017: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0132, as presented during the hearing on January 3rd, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0132 to the hearing date of January 3rd, 2017 for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council January 3, 2017 A meeting of the Meridian City Council was called to order at 6:09 p.m., Tuesday, January 3, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer. Members Absent: Keith Bird and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Chatterton, Sonya Allen, Clint Doslby, Scott Colaianni, David Jones, Steve Siddoway, Jay Gibbons, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. __ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer __ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: Okay. I'd like to welcome you to our City Council meeting. Thank you for being patient and waiting for us to start. For the record it is Tuesday, January 3rd. It's nine minutes after 6:00. We will start with roll call attendance after I wish you all a Happy New Year. 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 the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. If you will all join us in our community invocation or take this as a moment of reflection. I'd like to welcome Larry Woodard with Ten Mile Christian Church. Thank you for joining us. Woodard: Thank you. What an evening. Our Dear Heavenly Father, as the snow falls this evening and Meridian takes on the appearance of the winter wonderland, we are blessed to live in a beautiful city with good city leaders. I ask tonight that this, the first Council meeting in 2017, that you give these leaders a double blessing for all they do for our city. Keep them safe, free of illness, and Meridian City Council January 3, 2017 Page 2 of 29 their families doubly blessed for their community service . Tonight my thoughts are with the many providers of service to our community in weather that is pretty, but challenging. Keep the road crews and the city employees safe in sometimes treacherous situations. We live in a world of turmoil, except in our little corner of Idaho. Some communities this past year were ravaged by fire. Others had over 700 murders and our police and firemen kept us pretty safe. The rise of street crime caused by drugs is hurting our nation, so I ask for special protection for our uniformed officers. I could not help but feel sadness last night watching the Boise policeman who was shot twice by a criminal who had started his spree in the Meridian-Nampa area. May we not see more examples of this kind of crime in our city in 2017. Our city is going through some major changes this year. We will come near or pass a hundred thousand . A number of our streets are under construction and this brings increased danger to workmen and motorists. Again, I pray for safety. With more children coming into our area our schools are full. Help our school leaders to find a way to fund the new construction necessary to construct this next generation. Our church now has trained security personnel on Sundays. Having been raised in a small rural church where everybody knew everybody, I would have never dreamed that a church would need security in order to worship in safety. We appreciate the training we have received from our own police. I pray for all city employees from the clerks, to the planners, to the workers tomorrow who will have to get out in this weather to make things function well. I would be remiss if we did not pause and ask for good solid leadership at the state and national levels. May the intensity of this past election settle down and some changes occur which will benefit all of our nation's citizens . Lastly, I pray for wisdom as this Council wrestles with the recent order to provide additional judicial facilities. We know a good and reasonable decision will be reached. So, tonight keep us all safe as we return home and I thank you for this city, its Mayor and this Council, in Jesus' name, amen. De Weerd: Thank you. Woodard: You bet. De Weerd: That was a very thorough blessing for our new year. I appreciate you, Larry. Woodard: Well, you need a thorough blessing. Item 4: Adoption of the Agenda De Weerd: Absolutely. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council January 3, 2017 Page 3 of 29 Borton: There are no questions edits or amendments to the agenda as published, so I would move that we adopt the agenda as presented. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda. All thos e in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda A. Approve Minutes of December 13, 2016 City Council Workshop Meeting B. Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility C. Final Plat for Southridge Subdivision No. 3 (H-2016- 0133) by Corey Barton Homes, Inc. Located Southwest Corner of S. Linder Road and W. Overland Road D. Final Order for Knightsbridge Subdivision (H-2016-0126) by Schultz Development Located 3870 E. Victory Road E. Final Order for Oaks South Subdivision No. 5 (H-2016- 0127) by Thomas Coleman, Coleman Homes, LLC Located South Side of W. McMillan Road, Approximately 1/4 Mile East of N. Black Cat Road F. Final Order for Roundtree Place Subdivision (H-2016- 0130) by Trilogy Development Located 755 S. Linder Road G. Findings of Fact, Conclusions of Law for Movado Estates Subdivision (H2016-0112) by DevCo, LLC, Located at the South Side of E. Overland Road Between S. Topaz Way and S. Cloverdale Road H. Findings of Fact, Conclusions of Law for Black Cat and Chinden Annexation (H-2016-0120) by Pine Street LLC, Located at 6280 N. Black Cat Road Meridian City Council January 3, 2017 Page 4 of 29 I. Findings of Fact, Conclusions of Law for 43 North Subdivision (H-20160090) by KGA Development, LLC, Located at 1318 NE 4th Street J. Amended Development Agreement for Interstate Center- Wahooz-Roaring Springs (H-2016-0119) with BlackMor, LLC and BowDen Properties generally located near the NW corner of W. Overland Road and S. Meridian Road, in the South 1/2 of Section 13, Township 3N., Range 1W K. Murgoitio Limited Partnership Water Main Easement for S Locust Grove Main L. L&G Murgoitio LLC Water Main Easement for E. Lake Hazel Main M. Agreement to Accept Payment in Lieu of Installing a Street Light at Walmart Fuel Store #2862 N. Authorization for the Purchasing Manager to sign PO #17-0139 for the NotTo-Exceed amount of $77,562.00 to Taser International for Evidence.com License fees for the current Body Worn Cameras per the current Agreement approved by Council November 18, 2014 O. Resolution No. 16-1186-A: Approving an amended office lease to Congressman Raul Labrador De Weerd: Item 5 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the Consent Agenda and for the Mayor to sign and Clerk to attest on all papers. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no questions, Mr. Clerk, will you call roll. Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Meridian City Council January 3, 2017 Page 5 of 29 MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6. Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Community Items/Presentations A. Lakeview Golf Course 2017 Capital Improvement Project Proposal De Weerd: So, we will move to Item 7 -A and invite Erik Oaas. Good evening, Erik. If you will, please, state your name and address for the record. Oaas: Good evening, Madam Mayor and Members of the City Council. My name is Erik Oaas. The address is 4200 West Talamore Boulevard in Meridian, Idaho. De Weerd: Thank you. Welcome. Oaas: Thank you. And Happy New Year to all of you. De Weerd: Happy New Year. Oaas: We are pleased to -- to appear before you tonight and I appreciate your time being on the agenda, the first agenda of the year. We had -- we had hoped to accomplish this before the end of last year, but due to the -- Mother Nature and all the snow that -- that she blessed us with, we have been busy with other projects and a couple of these gentlemen who will be up here in a few minutes have been busy plowing snow. But suffice it to say that we are here to talk to you about a capital improvement project that we have in mind for this year and we arrived at -- at this particular project from internal discussions that we have had at the golf course, but also as a result of a survey that we took and amongst all of our members, all of our databases, the men's and women's associations and literally every -- everyone who -- who is included on our multiple hundreds database that we have and with that I'd like to invite MaryClaire Norman to come up, who is our marketing director, and talk -- maybe talk a little bit about the -- if we could slip to the -- the summary of the -- of the survey and we can talk a little bit about -- maybe answer your questions, but let's flip to Item 8. Item 8 and 9. And what we did is we -- in this survey we broke it -- broke it down into two separate areas in the bar and restaurant area and the golf course operations and although it was brief -- we all get bombarded with surveys and we get mighty tired of, you know, getting asked the same question multiple times. We made this brief. It was a one page survey and -- and, essentially, a rating scale from Meridian City Council January 3, 2017 Page 6 of 29 one to five. So, with that I'm going to -- I'm going to let MaryClaire talk a little bit about the results of -- of both -- both parts of the survey. De Weerd: Thank you. Welcome. Norman: Thank you. It was -- on the golf side we basically -- the number one thing that was -- there was a lot of positives on -- on both -- overall we had positive results from -- we, basically, overall had at least a four on most. It was out of five, so we had -- the number one thing that they asked for improvements on was our cart paths and our tee boxes. Those were the -- the two things that were -- that came up on the comments or most of the surveys, which -- which we -- we both -- we plan to do both. So, we have been working on the cart path all year, so -- but in the -- they were pleased with customer service. They were pleased with staff. On the restaurant side they were pleased with our new menu and the server staff and we really had, I thought, a really positive feedback from everybody. We had, you know, little comments that maybe we could do this or that. It was very positive comments on the survey. So, I was pleased with what we got back. There were several people that didn't fill out the survey that came in and gave their opinions and -- or just wrote us a note, didn't necessarily fill out the survey itself, so -- but I really think that for the most part we had a pretty positive, you know, response back, so -- I think we were -- we had a really good -- people are really pleased with the progress that we have made over the last couple years, so -- that's good. Thank you. Oaas: Do we have any questions specifically about the survey or the results? Milam: Madam Mayor? De Weerd: Ms. Milam. Milam: In looking at your survey are -- you sent out hundreds of -- of these to all of the people on your mailing list and -- Norman: We sent out -- so, there was 1,757 that were e-mailed out and, then, they were available in the shop as well and -- and we had some on the -- on the golf carts when we were -- when we had the cart sale. Milam: So, these numbers on here, are those the ones that were received? So, out of that many only 23 filled it out? Oaas: It's interesting, because I think it's -- like I said, we all get bombarded with surveys and for the most part if we are pretty pleased with -- with the way things are we don't respond and I know I'm guilty of that. If something is particularly outstanding I will try and get a response in, but unless I have got a gripe generally I just toss it in the trash. Meridian City Council January 3, 2017 Page 7 of 29 Milam: Unless they are offering you ten bucks or something. Norman: There was a lot of -- that's -- I think that's what they -- a lot of people just stop in and say I got your survey, but, you know -- and, then, just offer a couple of -- Milam: Right. Norman: -- little -- which is what we were trying to keep track of. You know, trying to keep track of all the little comments and wh at people have said, so -- Milam: Pretty good survey. Oaas: Any other questions about the mechanics of the survey or the results? So, based on -- and we can flip to the -- let's flip to the -- the bar and restaurant if we can. That’s item eight. And you can see that, you know, out of a score rating of five -- of one to five, one being not satisfactory, five being, you know, out of this world, we did pretty darn well and even -- even surprisingly when you ask people are our prices competitive, it's surprising that the people for the most part felt we were very competitive, so -- if we can flip -- flip, then, back to the -- to the proposal -- I think that's item -- let's see. Maybe item six. We can start generally with -- with that. When we proposed -- or when we had discussions at the last golf course focus group meeting we talked about projects for the year and, as I said, this was prior to the time of the survey, but we felt at the time that we really needed to address the -- the tee boxes and the issues are they are small and they are just -- they were not constructed properly to begin with and by that I mean -- and Rich -- Rich can talk more about that, but by that I mean, you know, the wrong soil composition were put on top and -- you know, with too much clay, so it -- over the years it just tends to get harder and harder and harder and some of our poor older lady golfers just, basically, got to the point where they couldn't even put a tee in -- in the -- in the tee box. So, when you get to that point you say, okay, we got a problem, we got to fix it. So, we proposed to the golf course focus group that we -- that we actually redo the -- that we remodel number one men's and women's tees, number five men's and women's tees, and we said -- we also talked about doing additional work. W ell, once -- once we got the numbers together, you know, it -- it appears that the -- doing men's and women's on number one and -- and men's and women's on number five are probably going to consume all -- all the excess funding we have available to get it -- to invest in it this year. But I'd like to invite Roy Ahnstedt, our head golf professional, and Rich Rush, our golf course superintendent, up and we can talk about what we have in mind and we can go through the aerial photos, so gentlemen. De Weerd: Good evening. Oaas: Start with number four. Meridian City Council January 3, 2017 Page 8 of 29 De Weerd: And if you can just state your names, please. Rush: Richard Rush. I'm the superintendent of Lake View Golf Course. De Weerd: Thank you. Ahnstedt: Roy Ahnstedt. Head golf professional. De Weerd: Thank you. Oaas: So, why don't you talk about what they are looking at, the red line -- the red outline and the green outline, Rich, and walk through that. Rush: All right. Currently we are -- on the screen there is -- the number one -- the large tee box is -- the large area is the number one men's tee box and the smaller one is the lady's tee box. The current line -- or the current size of the tee box right now is in the green line area. From a picture up here it -- you know, it doesn't look like it's very small, but when you actually get out on the tee box itself it's quote small and it doesn't allow us to really be able to move -- move the tee markers around in different areas to provide a clean area for them to be hitting off of. Same with the lady's tee. That's extremely small for the lady's tee box and, above all, more than anything else, is they are not level, they are not flat, they are constructed out of material that was, basically, dug out of the ponds, so it's nice and rocky, very full of clay, very hard to keep grass alive on those things. But I would say probably the biggest issue with the golfers is the unlevel of the tee box. They have a tendency to roll from front to back, so they are not -- they are not flat like this, they go front to back. Plus they also sometimes have a tendency to go side to side, so they are kind of a big hump, basically , out there. And it makes it difficult for the golfers to line up and strike the ball properly. Oaas: Rich, can you give the Council some idea of -- have they ever been rebuilt or redone? Rush: No. This -- these are the original designs. When they built the existing front nine out there right now back in the early '90s -- I'm not sure exactly when -- these are the existing -- these are the original tee boxes. Shapes. Sizes. Everything. Oaas: And how long -- De Weerd: Hey, Erik, if you're going to talk you need to do it on the microphone. Oaas: Okay. And how long would you expect these to -- to do to be satisfactory? Meridian City Council January 3, 2017 Page 9 of 29 Rush: Well, you know, to be honest with you, from a golfer standpoint they are really not satisfactory as they are right now. It can be hard to find a level spot and get -- to tee off the ball and hit the ball and from a golfer's stand point -- Roy can speak of it -- speak on it as the pro -- it just makes it a lot more difficult for the golfer to enjoy and feel like he's getting comfortable on the tee box when he goes to tee up. Ahnstedt: So, that is some of the things that we hear from our -- from our customers on a regular basis when we are out and we are working the desk or when I'm -- when I'm socializing or talking to the customer, our clients, is that our tee boxes aren't -- are hard to get -- find a level spot. It's hard to set up on. Again, like Erik said early, the tee is getting so compacted and hard that they can't get a tee in the ground. So, it's -- this is a capital improvement that will improve the player's experience and in the project that we are working on that we plan to do now will be added to in the future as we move forward in the next few years as well. It's kind of been our -- this has kind of been our -- in our ten year plan, to do a couple now, do a couple in a couple of years later, and as we find that they meet the -- these are the -- the ones that we have proposed are the ones that are in the worst shape. Again, the rounding of them, finding a level spot to set the tee boxes, it's the hardest part and that's some of the customers complaining it causes them to not hit the ball straight, you know, those kinds of things. Oaas: Rich, can you talk a little bit about what the red means and how we are going to -- to reconstruct these. Rush: So, as you see on the map there, there is a red line out -- a red outline larger than the green outline, obviously, and the plan is to enlarge these tee boxes by that -- that amount on each one. This one and hole number five. The -- the -- oh, what's the word I'm looking for? The direction we are going to be going with this is we will be taking a sod cutter and going and cutting all the sod off the top of the tee box, off the sides, all the way down to the ground -- to the -- to the flat areas of the ground and, then, going in with -- with equipment and grading out the tee boxes, lowering them down a little bit, spreading them out, make them a little bit wider, but also making them much more playable, much flatter, better playing surface. Oaas: And material on top. Rush: And with a good topsoil on top of the tee box itself, so we will have a good growing medium there for the turf. Oaas: You want to flip ahead to number -- yeah. This is number five. Rush: This is number five tee box. And it's a par five. It's -- it's really kind of in the same realm as what number one was. The tee closer towards the bottom of Meridian City Council January 3, 2017 Page 10 of 29 the screen is the men's tee box and it is extremely narrow, it's approximately four and a half to five paces across from side to side, which is not nearly enough surface to, you know, handle the wear and tear that we get on these tee boxes. It is an extremely small tee, plus it is very unlevel and along with the lady's tee box -- the lady's tee box, which is further up the screen, is -- size wise is a decent size. It still comes into the problem of being very unlevel, very b umpy and very hard to keep grass growing on it very well because of the soil conditions. Oaas: Thank you, Rich. We stand open to questions about the construction or the details -- any further details with regard to the project. De Weerd: Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The request form on the previous page, are the two boxes -- is the request that both boxes will be done, but the rent relief is for the 6,000 dollars for a single year? Oaas: That -- Councilman Borton, that's correct. Borton: Okay. Madam Mayor? De Weerd: Mr. Borton. Borton: Because one of the things that you did I found really well with the 18 green was -- you had some skin in the game with regards to the city contributing some rent forgiveness and you also had some additional expenditures. So, the two -- both tee boxes -- the one with the dollar figure on it. Oaas: That's six. Borton: Okay. So, the request is one and two would be done this fiscal year -- I guess before October and, then, there would be a request for the one year's rent relief? Oaas: No. This -- we would put in -- these -- if Council approves these, then, we would request Council approve the rent relief upon completion. They will be done prior to the season starting. Borton: Okay. Madam Mayor? De Weerd: Mr. Borton. Meridian City Council January 3, 2017 Page 11 of 29 Borton: We are saying the same thing. Rent relief for the October 1 -- Oaas: Correct. Borton: Okay. That's very helpful. Madam Mayor. Remind me how the golf course focus group meet and reviews -- I know we created this process. They meet as a group and do they literally vote on what we are looking at right here, up or down? How did that come about? Oaas: That's correct. And at the time we -- because it was more conceptual at the time of our last golf course focus group meeting, we also had the potential of doing -- what is it, the men's tee on 14? Is that -- but when we started gathering our costs together and getting things nailed down and -- in terms of rental and equipment and labor, we determined that this -- this was as much as we could afford. Borton: Okay. De Weerd: And I will let Mr. Siddoway also weigh in. Borton: Thank you. Siddoway: Madam Mayor, Members of the Council, Councilman Borton, the golf course focus group met on Thursday, September 8th, 2016. This was brought up on their agenda as item five. It was discussed -- various ideas for next year's rent credit is I think the proper term. But the -- so, it was discussed and it was recommended and unanimously approved that the tee boxes should be rebuilt. There were not photographs at the time to -- but their recommendation from the minutes of the golf course focus group was to rebuild the tees and to make a full presentation with visuals to Council, with a recommendation for approval. De Weerd: Thank you. Any further questions from Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Erik, I know nothing about golf. I tried to get into it once -- I lived in the subdivision there for a little bit when I was a kid. Went to the driving range and it just didn't work out for me. But -- so I always turned to my uncle who lives on the golf course there and ask him if he has opinions on one thing or another and he mentioned that -- that the number one tee box has recently undergone some work. Is that not the case? Oaas: Not the number one. We actually -- Councilman Palmer, we -- we actually -- maybe what he's thinking is we put in a professional golf -- a Meridian City Council January 3, 2017 Page 12 of 29 championship -- actually, a men's championship tee box area if -- if we ever wanted to have a -- basically a championship that required a certain number of championship greens. We don't use that. Our golf -- our golf course clientele really are -- are not looking for that kind of -- that kind of play. But that could be what he's thinking about, but we -- we haven't done any work on the real workhorses, which is what you're seeing on the aerial. Palmer: Thanks for the clarification. Oaas: You bet. And, Councilman Palmer, this gentleman right here is -- is a heck of a teacher and he will get you interested in the game, I guarantee. Palmer: Madam Mayor? What happened was my brothers and I, we would go out to the driving range and because we were quite young we would mess with each other and -- but I feel like I have matured enough that maybe it's something I could look at. Thanks. De Weerd: Maybe in a couple years. I will thank you that you finally gave me a couple of excuses on at least two holes, so -- until you get him fixed. I think I will stick to miniature golf. My plug for Wahooz. Any further questions from Council? Borton: Madam Mayor, just one more. De Weerd: Mr. Borton. Borton: In light of the survey results, are there new plans for cart path solutions that have risen to the top of the priority list? Oaas: Yes, Councilman Borton. We have, actually, done additional work on the cart paths since the survey. Borton: Okay. Oaas: But -- but, no, we have good plans to -- and, in fact, we have got two -- two folks who are going to really work a lot on that, including myself and my business partner Steve Laney. Just as soon as the ground starts thawing and getting into a position where we can -- we can apply some more of this man sand that is just -- it's just a great product and the -- our experience with it so far has just been incredible. Borton: Thanks. De Weerd: Okay. Thank you very much. Mr. Attorney, do we need any kind of action -- at least directions? Meridian City Council January 3, 2017 Page 13 of 29 Nary: Madam Mayor, Members of the Council, yes. There is a form there that requires the Council's action to move to grant the rent relief for that time period in the amount. Yeah. Right there on that front form there it says staff use only. That's the portion that Council needs to direct to approve, for then for us to provide that to Finance for the rent relief for '17. De Weerd: And the rent relief is effective after completion and the numbers are in. Nary: Yes. After completion and inspection and, then, it's for FY-18. So, it's after October 1st. Because that was -- the one for this year's has already been granted. De Weerd: Okay. Just wanted to clarify. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Palmer: I would move that we approve the request for potential rent relief for FY- 18 in an amount not to exceed 6,000 dollars consistent with the completion of the tee box remodel repair work we have been presented for boxes one and five. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Thank you very much for the information you shar ed and for being with us tonight. Oaas: Thank you, Madam Mayor. Thank you, City Council. Which, hopefully, is -- from a time perspective is the way that -- that you will see this evening, so that we are well in advance, we are not behind the eight b all. De Weerd: That would be awesome. Oaas: Thank you very much. Meridian City Council January 3, 2017 Page 14 of 29 Item 8: Department Reports A. Mayor’s Office: Mayor’s Youth Advisory Council Update De Weerd: Okay. Thank you. Okay. Item 8-A is under Department Reports. We have the Mayor's Youth Advisory Council update. Suzanna, thank you for sticking around to give your update. Bradford: Madam Mayor, Members of the Council, I'm Suzanna Bradford and I'm the vice-chair for MYAC and I will be giving our update for the month of December. So, to start off we had our MYAC Christmas party on the 12th and we played bonding games. We had a potluck and gift exchange. It's a nice time to hang out as a group getting ready for the Christmas season and it was a really good turnout. Our executive council had a Christmas party on the 19th and we watched a movie together and had a secret Santa gift exchange and it was just really nice to be able to spend that time with each other before Christmas and get to hang out as friends and last we had -- this was an event that our opportunities advisor Jodi St. Martin put on and we got together -- some of us got together as a group a few days prior to Christmas and we made cookies and treats -- made over 70 plates of baked goods for members of our community that had to work on the holiday and they were, then, passed on Christmas Day to promote Do The Right, our movement of compassion for -- and to just show appreciation for all that they do for us and for having to work on Christmas and that is all I ha ve, so if there are any questions? De Weerd: Thank you, Suzanna. And I will say how much we appreciate you taking part of your holiday to go out and spread joy and compassion to those that needed to work. I know that it was appreciated by those that were the recipients as well. So, thank you for that. Bradford: Thank you. De Weerd: Council, any questions or comments? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I just want to echo that. I think that's really remarkable -- Bradford: Thank you. Cavener: -- on Christmas to spread a little joy to everybody. As a person who lived in a family whose parents worked on Christmas it was always kind of a challenge and the fact that you guys were going to reach out to them is rea lly awesome. Meridian City Council January 3, 2017 Page 15 of 29 Bradford: Thank you. Cavener: So, good work. De Weerd: Thank you. Anything further from Council? And MYAC has a very active calendar ahead of them in the next several months, so you will be hearing more about that as well. So, thank you for sticking around and joining us. Bradford: Thank you. B. Parks and Recreation Department: Resolution No. 16- 1188: Adopting Meridian Parks and Recreation Commission's 2017 Pathway Priority Task List De Weerd: Okay. Item 8-B is under our Parks and Recreation Department and, Jay, thank you for letting us continue this. Gibbons: Madam Mayor, Members of the Council, I appreciate the opportunity to come before you again. I have two resolutions to discuss with you. The firs t one -- the first item is Resolution 16-1188, which I ask for your approval to affirm or ratify the Parks and Recreation Commission's pathway priorities for 2017. We do this annually. We conducted a workshop -- pathways workshop in November and, then, come back with their -- their final pathway priorities for the coming year for adoption by the Commission in December. We did that. I'm before you tonight to -- to affirm those pathway priorities, which include pathway projects on Five Mile Creek, the Rail With Trail pathway signage and others. All the pathways on the priority list are basically -- they are underway as far as in design process, easement negotiation. We are just about ready to go to bid on at least two of them. So, the rest of them are in the works. They are under contract. Being surveyed or designed as we speak. So, with that I will simply ask that the Council approve Resolution 16-1188 and with that I will stand for questions. De Weerd: Council, any questions? I don't see any. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve resolution number 16 -1188. Milam: Second. De Weerd: I have a motion and a second to approve Item 9 -- oops. 8-B. Any discussion? Mr. Clerk, will you call roll. Meridian City Council January 3, 2017 Page 16 of 29 Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Parks and Recreation Department: Resolution No. 16- 1189: Adopting 2016 Meridian Pathways Network Map De Weerd: Okay. Jay, you have Item C as well. Gibbons: I do. And I appreciate you allowing me to come before you on this. This one is important and it's a resolution adopting the most recent updates to the pathways network map. In your -- in your packet it reflects roughly -- there is 18 segments included in this -- in this amendment. Largely these segments consist of pieces and parts of the pathways that have been constructed by development in the last 18 months. There is also a couple of realignments to the pathway segment on the map itself that reflects changes to -- to the last -- or to the original configuration due to agreements with entitlement process as those areas have been -- gone through the process to be platted. There are also alternative routes that are being deleted on this map. One was shown as an alternative route that actually -- the original route was -- so, it came to us through the entitlement process, so we don't need the -- the go around. At this point it's been agreed to. There is also a piece of the Five Mile Creek pathway that was originally shown basically from Meridian Road to -- to Fairview Road. That was actually the alternative route is -- or has been -- it has been constructed and used for a number of years and it's time to -- to take that up to an alternative route -- the long-term route off the plan. Every time that we send information to COMPASS they question why do you -- why do you want both or what does this line type mean. So, we are trying to simplify and make -- and make sense as we go forward. So -- let's see. The Meridian Parks Commission, they, of course, worked with me on this during the -- during the pathway workshop in November. They approved -- or accepted the amended map and I am before Council tonight to ask that you approve resolution 16-1189. This adopted network map will then be public. It will be utilized by the Planning Department and others through their work processes as we go forward. With that I will stand for any questions. De Weerd: Thank you. Council, any questions? Milam: Madam Mayor? De Weerd: Ms. Milam. Milam: I move that we approve Resolution No. 16-1189. Meridian City Council January 3, 2017 Page 17 of 29 Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-C. Mr. Clerk, will you call roll. Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. MOTION CARRIED: FOUR AYES. TWO ABSENT. Gibbons: Thank you. D. Public Works Department: Construction Contracts and Task Orders for the WRRF Liquid Stream Capacity Expansion Project E. Award of Bid and Approval of Construction Contract to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $35,565,000.00 Approved F. Approval of Task Order 10601.G to Brown and Caldwell for the “WRRF CAPACITY EXPANSION SERVICES DURING CONSTRUCTION” project for a Not-To-Exceed amount of $1,463,235.00 De Weerd: Thank you. Item 8-D is under our Public Works Department. I will turn this over to Clint. Dolsby: Thanks. Madam Mayor, Members of the Council, Item E and F, which follows D, are both related to the liquid stream capacity expansion project -- De Weerd: Okay. Dolsby: -- at the wastewater resource recovery facility. If it's okay with you I would like to present these all as one package and, then, I will take any questions on anything you might have. De Weerd: That works. Dolsby: This project will increase the capacity of the plant to 15 million gallons a day and is also one of the key projects that will set us up for our upcoming NPDES permit limits. What I have before you tonight is both the construction contract and construction services task order for this project. This project bid on November 4th. We received five bids out of the six prequalified contractors for the project and JC Constructors was the low bidder by 39,000 dollars, which is Meridian City Council January 3, 2017 Page 18 of 29 kind of unheard of to have a bid that close on this big of a project. The funding for this project is just-in-time finance. It will be programmed over fiscal year '17, '18 and '19 for both of these contracts, actually. With that I would stand for any questions you might have. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, given that we are about to discuss and probably approve the expenditure of over 35 million dollars and there is maybe ten or 12 people in the room that understand the lingo everything you just used and we have a lot of people in the room that are young and are going to be affected by the decision we are about to make, I'm wondering if maybe you could break it down a little bit simpler for -- to help those that are here understand what we are about to do. Dolsby: Madam Mayor and Council Member Palmer, I would be happy to. So, this 35 million dollar project will take the capacity of the wastewater treatment plant up to 15 million gallons a day. If you think about that, each person uses a few hundred gallons per day in households -- I mean each household uses a couple hundred gallons a day, so I mean it's going to significantly increase the capacity of the plant. Also we have got very strict requirements we are going to have to meet as a part of the Boise River TMDL, which that sounds kind of complicated, but, basically, we are going to have to meet some very strict nutrient limits in the water that we discharge to, that the Environmental Protection Agency has put on the City of Meridian through the wastewater treatment plant's permit that we have to comply with. In order to meet those limits we have to build more structures out at the wastewater treatment plant, add more chemicals, do more treatment out at the plant, which is a big part of this project as well and it's not only related to capacity, it's also related to upgrading the plant to meet our new permit limits that are -- have been handed down by the Environmental Protection Agency. So, we are going to have to build -- oh, make on the order of 20,000 yards of concrete are in this project, which is kind of a staggering number to me. We are going to build four new aeration tanks out there. Also four circular tanks to help us settle out the solids in the wastewater and, then, it will also help to set us up to meet our future permit limits. De Weerd: Thank you. If you can simplify that even more, good luck. Palmer: Madam Mayor? De Weerd: Any other questions? Mr. Palmer. Meridian City Council January 3, 2017 Page 19 of 29 Palmer: Madam Mayor, so as mentioned earlier that we are approaching a population of 100,000 here in Meridian, what population would the expansion that we are about to do facilitate us to? Dolsby: Just a second. Assuming that our limits don't change -- I mean -- because it kind of predicated on the permit -- the limits you have in your permit. Right now if we were operating under the permit that we have today, not updated -- not the permit that we are going to be getting here in the next few months we anticipate -- I mean we would have a much larger capacity for growth with this upgrade. Because of some of the low permit limits in the upgrade , some of the tankage that we are building is not just -- not for capacity, it's to treat down to the low permit limits. So, it's -- it's a little bit more complicated question than just saying that, you know, we would build 15 million gallons of capacity for, you know, 200,000 people. Palmer: Sure. Dolsby: It would kind of depend on what the actual -- or what the treatment -- I'm sorry. I will have to explain this a little, but what the treatment limits are at the plant, but it would be well over probably 100,000. My guess currently would be of the -- in the 120,000 range. Thereabouts. Plus or minus. But it kind of depends. I mean really our permit limits could change in a few years and that could blow all of this out of the water. Palmer: Sure. Thanks. De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Also in light of the size of the expenditure I see Keith Watts is here. If he may give some brief comment on the -- or maybe not. But some comment on the process utilized, the bidding, and the selection of these vendors. Watts: Thank you, Councilman Borton. Madam Mayor, Members of the Council, we did a prequalification process on this project, which is I believe the first one since I have been here that we did an actual prequalification of general contractors. We advertised it just like you would do a normal bid. We sent it to all the agencies and the different publications and we set a list of requirements of the contractors. So, not just anybody is going to be able to bid on, of course, a 35 million dollar projection. We went through that pre-qualification process. It had extensive qualification requirements and reference checks. We completed that and I think we only had about -- let's see. We had eight contractors respond and two were not qualified for various reasons. We communicated that to those Meridian City Council January 3, 2017 Page 20 of 29 two contractors and they understood the scoring and how it came out. We, then, finished the second phase of this bid process and did the bid. Now, when we go out for bid we don't advertise in the papers or anything, because we have done that with our prequalification. Only those six contractors are able to participate, because they met the requirements for the project. We completed that and we got five bids. We sent it to the six that qualified, only five responded. And like Clint said, the -- the dollar difference between our first and second bidder was 39 some odd thousand dollars on a 35 million dollar bid, which is -- which is unheard of, but it was also a good indication that our plans and specs were very tight, everyone understood them, even I think high to low was a relatively small dollar amount on this project as well. The contracts before you are -- like Clint said -- are set up to -- with estimated dollar amounts to be expended over the next three fiscal years, '17, '18 and '19. This year for the construction contract we are currently asking for a -- a spend authority of 9,500,000 dollars of the 35 million five eighty-five. And, then, the services during construction, which is our -- our services from our consultant, who is our designer, is also going to do the services during construction, that contract is 1,463,235 and we are expecting 491,259 for fiscal year '17. We estimate our -- we have projections for '18 and '19 and we will bring those back and come up before you for those expenditures for the next two years as well as we determine the dollar value that is left and what they are estimated to expend in those fiscal years. I think that's all I have for you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: How do the dollar figures compare to the anticipated -- the long-term capital improvement plan expenditure for this anticipated expansion ? Do they align or -- Watts: They are in line. This is phase one of this expansion and the phase two , which is the headworks portion of this, we anticipate bidding that in the next 30 days or so. That will -- the pre-qualification for that process will go out. Clint has the budget numbers. He could give you a heads up on that. But we will be going through the same process. We will be prequalifying and, then, roughly eight to ten weeks after that we will be going out for bid and be coming before you for the contracts for the headworks phase of the expansion. Dolsby: Yeah. Madam Mayor, Members of the Council, Council Member Borton, we do plan on advertising that for bid probably in the next 30 to 45 days. It will be a four to six week bid period and, then, we would go through contracting. So, Keith is probably correct it would probably be a few months before you would see that headworks contract come to you for approval. That's not going to be as nearly as big of a number as this, but it's still going to be a really big number to us, because it will end up being on the order of probably, I don't know, ten million total cost. That includes some equipment procurement that we are going to do Meridian City Council January 3, 2017 Page 21 of 29 as well just for the construction side of it. We have also got design fees and other fees associated with that project as well. De Weerd: And those all have been anticipated in the capital improvements plan. Dolsby: That's correct. Yes. And they are also in rate modeling and -- yeah. Borton: Good. Thanks. Watts: That's correct. De Weerd: Good question. Any further questions, Council? Okay. Thank you, Keith. Thank you, Clint. Watts: Do we need to ask for a motion to approve those two contracts now? De Weerd: Yes, we do. Watts: All right. De Weerd: And we did consider Items D, E and F at the same time, but I would look for a motion on Item 8-E. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: By itself? De Weerd: Yes. Palmer: Just E? Then comment before I make the motion. Councilman Cavener, did you have something else? Cavener: Just prefer that other people talk tonight. That's all. Palmer: Other than me? Cavener: No. Other than me. De Weerd: He keeps making him talk. Palmer: Then, Madam Mayor, for the -- again, for the young people that are in the room, there has been over the years some e xtremely wise handling of -- of the planning of our -- our Public Works facilities over the years and it's just Meridian City Council January 3, 2017 Page 22 of 29 awesome that we are able to handle the population that we have and as it grows and expands it's all with cash. There is absolutely no debt that the city has. And, again, that's to the credit of those that came before me and before some of us here to -- to have to put that together in the way that they did to make sure that we don't have to go into debt for these kind of things and so if -- if you haven't had a chance -- I don't know how much you think about what happens after you flush the toilet or after you turn the sink off, but our water -- our treatment facility is actually a fascinating place to go tour. So, if you haven't had a chance to do it, I would encourage you to contact our Public Works Department and schedule an opportunity to go out and to check it out. It -- it may not sound like the most interesting thing to go do on -- on available time, but I can promise you if you do you will be glad that you did. And so with that I move that we approve the award for the construction contract to JC Contractors for the liquid stream capacity expansion project in an amount not to exceed 35,565,000 dollars. Borton: Second. De Weerd: I have a motion and a second to approve Item 8 -E. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Okay. Item 8-F. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I move we approve Task Order 10601.G to Brown and Caldwell for the capacity expansion services during construction for an amount not to exceed 1,463,235 dollars. Borton: Second. De Weerd: I have a motion and a second to approve Item 8-F. If there is no discussion, Mr. Clerk, will you call roll. Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Motion carried. Meridian City Council January 3, 2017 Page 23 of 29 MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 9: Action Items A. Public Hearing for Dorado Subdivision MDA (H-2016- 0131) by Jake Wylie Located 2490 and 2976 E Overland Road 1. Request for a Modification to the Development Agreement for Dorado Subdivision to remove the requirement for a Conditional Use Permit on Lots 1 and 2, Block 1 by Jake Wylie De Weerd: Item 9-A under our Action Items -- easy for me to say -- is a public hearing for H-2016-0131. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for a development agreement modification . This site consists of 1.25 acres of land, zoned C-G, located at 2940 and 2976 East Overland Road. This property was annexed back in 2005 with the requirement of a development agreement. A conditional use permit for a planned development was also approved at that time. The Comprehensive Plan future land use map designation is mixed use regional. The applicant is requesting a modification to the existing development agreement to remove the requirement for a conditional use permit for development on Lots 1 and 2, Block 1, of Dorado Subdivision. When the conditional use permit was approved for this subdivision in 2005, the city had not yet developed -- excuse me -- adopted standards for design review and required development to obtain conditional use approval to ensure quality of design. Since that time the city has adopted standards for building and site design and no longer requires conditional use approval to ensure quality of design if the use is a principal permitted use in the zone . For this reason staff doesn't feel it's necessary to require a conditional use permit, as all future development is subject to design review. Any uses that require conditional use approval in the C-G district per the UDC will still be subject to a conditional use permit. No written testimony has been received on this application and staff is recommending approval of the applicant's request. Staff will stand for any questions. De Weerd: Council, any questions? Is the applicant here? Do you have any comments? If you will, please, state your name and address for the record. Wylie: James Wylie. 1464 East Territory Drive, Meridian. De Weerd: Thank you. Meridian City Council January 3, 2017 Page 24 of 29 Wylie: Madam Mayor, Members of the Council, thank you for your time tonight. As you can see, we are proposing a modification to this existing development agreement. After meeting with city staff they said they would support either the conditional use permit or this modification. Then after talking with them this is the route we chose to go. So, basically, all we are asking is to use these two C-G zoned lots for approved C-G uses and all I ask is your affirmative vote tonight and I will stand for any questions. De Weerd: Thank you, Mr. Wylie. Council, any questions? Thank you. Wylie: Thank you. De Weerd: This is a public hearing. Is there anyone who wishes to offer testimony on this item? Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on Item 9 -A. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9- A. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve H-2016-0131. Borton: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any discussion from Council? Mr. Clerk. Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council January 3, 2017 Page 25 of 29 B. Public Hearing for Una Mas (H-2016-0132) by Chad Olsen Located Southwest Corner of N. Records Avenue and E. Tecate Lane 1. Request: Modification to the Development Agreement (Inst. #106137048 & 2016-106279) to Allow a Reduced Buffer Width from Twenty-Five (25) to Five (5) Feet on the C-G Zoned Property to Residential Units De Weerd: Item 9-B is a public hearing for H-2016-0132. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application is also a request for a development agreement modification for Una Mas Subdivision agreement. This property is zoned C-G and is located at the southwest corner of East Ustick Road and North Records Avenue. This property was annexed in 2005 with the requirement of a development agreement. The applicant is requesting a modification to the existing agreement to include a provision to allow a reduced buffer width on a C-G zoned property to residential uses. The applicant proposes a reduction from the UDC required 25 feet to five feet on the C-G zoned property and a five foot wide buffer on the residential property along the shared property line, for a total of a ten foot wide buffer between land uses. All of the properties in Una Mas Subdivision are zoned C-G. The first phase of a multi-family residential project Veraso has developed at the south end of the subdivision and two additional phases are proposed to the north that will abut property that is anticipated to develop with commercial uses. In addition to the proposed ten foot buffer, a 20 foot wide driveway for access to the residential units is proposed along the north boundary of the residential development. Twenty foot deep garages are also proposed, which buffers and separates the living area of the residential units even more from the future commercial uses. If dense landscaping within the buffer is provided in accord with UDC standards, staff feels the physical separation and landscaping will provide an adequate buffer. Written testimony has been received from Chad Olsen, the applicant, in agreement with the staff report and staff is recommending approval. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Okay. Would the applicant like to make comment? Good evening. Olsen: Good evening. Chad Olsen. 12790 West Telemark Street, Boise, Idaho. 83713. De Weerd: Thank you. Meridian City Council January 3, 2017 Page 26 of 29 Olsen: So, this is the third phase of a residential project. Phase two, as called by Veraso Two, has already been approved and we have began doing the utilities and getting ready for residential. Veraso Three, we just didn't quite have enough room and we were already going to be running a road anyway, so it seemed quite redundant to have all these different setbacks when we were actually having an access road. We have gone to Ada County Highway District. They approved that road, that access there off of Records, and, in reality, this is just a continuation of phase three of the project. There is more than ample distance and separation between the would be commercial and future commercial that would be built, as -- as well as the residential and to give it an adequate buffer between those two uses and I stand for any questi ons you might have. De Weerd: Council, any questions? Okay. Thank you, Chad. Olsen: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? You might get extra credit. Just saying. Council, any further questions for the applicant or staff? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the public hearing on Item 9-B, H-2016-0132. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9- B. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Item 9-B, H-2016-0132. Milam: Second. De Weerd: I have a motion and a second to approve Item H-2016-0132. If there is no discussion, Mr. Clerk, will you call roll. Meridian City Council January 3, 2017 Page 27 of 29 Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 10: Ordinances A. Ordinance No. 16-1717: An Ordinance Amending Meridian City Code as Codified at Title 11, Section 3 Entitled the Unified Development Code, of the Meridian City Code; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. De Weerd: Item 10-A is Ordinance 16-1717. Mr. Clerk, will you, please, read this ordinance by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1717, an ordinance amending Meridian City Code as codified at Title 11, Section 3, entitled the Unified Development Code of the Meridian City Code and providing for a waiver of the reading rules and providing an effective date. De Weerd: Is there anyone who would like to hear this ordinance read in its entirety? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1717 with suspension of rules. Borton: Second. De Weerd: I have a motion and a second to approve Item 10-A. Mr. Clerk, will you call roll. Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 11: Future Meeting Topics Meridian City Council January 3, 2017 Page 28 of 29 De Weerd: Any topics for Item 11? Just upcoming is a week from this Saturday is the legislative breakfast from -- that's put on by the Mayor's Youth Advisory Council. Council, if you have any interest in attending we would lo ve to have you in attendance. This year they will be chatting with our legislators about suicide prevention topic and some upcoming legislation. So, if you would like to, please, let me know if you have an interest in joining us. We would love to have you. Item 12. Executive Session per Idaho State Code 74-206(1)(d) and 74- 206(1)(f). (d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. De Weerd: Item 12 is Executive Session. I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we go into Executive Session pursuant to Idaho Code 74- 2061(1)(d) and (1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll Call: Bird, absent; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (7:13 p.m. to 8:20 p.m.) Borton: I would entertain a motion to come out of Executive Session. Milam: So moved. Palmer: Second. Borton: All in favor say aye. Meridian City Council January 3, 2017 Page 29 of 29 MOTION CARRIED: FOUR AYES. TWO ABSENT. Borton: I need a motion to adjourn. Milam: So moved. Palmer: Second. Borton: All in favor say aye? MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING AqJOURNED AT 8:20 P.M. (AU1O R OR I G�N FILE OF HESE PROCEEDINGS) ATTEST: Kei1.� 134 -I / 1 / / ,:Z217 DATE APPROVED Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Minutes of December 13 Approve Minutes of December 13, 2016 City Council Workshop Meeting MEETING NOTES F1 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 Workshop December 13, 2016 Page 67 of 67 MEETING ADJOURNED AT 6:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 03 X/7 MAYOR TAM e WE D DATE APPROVED ATTES 4,,Z -4x. C. JAY COES, CITY CLERK O�pORA �G X0 t-5 � I� w I St gL�°i Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Intergovernmental Memorandum Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility 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 ISP -17-073 INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY This INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF THE MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY is made this /Z day of De Geiyi%," , 20�, by and between the City of Meridian, Idaho and J!:Pl-�ho is /ite-e- , NAME Or GOVERNMENTAL AGENCY a governmental agency, for the purpose of establishing the mutually -understood and agreed rights, responsibilities, and conditions of such governmental agency's temporary use of the Meridian Police Department Canine Holding Facility. I. RECITALS WHEREAS, the City of Meridian owns and operates the Meridian Police Department Canine Holding Facility for the boarding and care of police dogs; and WHEREAS, the above-mentioned governmental agency has requested that the City of Meridian allow law enforcement officers employed by such agency to use the Meridian Police Department Canine Holding Facility for the boarding and care of its police dog(s) on a temporary basis; and WHEREAS, the City of Meridian has deemed it to be in the interest of its K-9 program to make the Meridian Police Department Canine Holding Facility available to other law enforcement agencies on a temporary basis, without charge and as space allows, so as to foster a spirit of cooperation and support of law enforcement K-9 programs throughout the state of Idaho and elsewhere; NOW THEREFORE, in consideration of the recitals set forth above, and the mutual terms, conditions, and covenants contained herein, the parties agree as follows. II. DEFINITIONS As used herein, these words shall be defined as follows: A. CITY: The City of Meridian, Idaho, municipal subdivision of the State of Idaho. B. EFFECTIVE DATE: The date upon which the respective governing bodies of the Parties hereto effectuate this MOU by a duly authorized signatory. C. FACILITY: The Meridian Police Department Canine Holding Facility, owned by the City of Meridian and operated by the Meridian Police Department, and located at 1401 East Watertower Ave., Meridian, Idaho. D. GUEST: The governing board of the governmental agency signatory to this MOU who seeks to temporarily utilize the Facility for temporary boarding of its police dog(s), and each and all of such governing board's agents, elected or appointed officials, employees, volunteers, and/or officers who enter City premises for any purpose, including but not limited to: delivering police dog(s) to and/or removing police dog(s) from Facility; visiting, exercising, MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE I OF 6 feeding, watering, checking on, or caring for Guest's police dog(s) boarded at Facility; and/or entering or touring Facility for informational or educational purposes. E. MOU: The instant Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility. F. MPD: The Meridian Police Department of the City of Meridian, Idaho. G. POLICE DOG: A canine owned, trained, and/or utilized by governmental law enforcement agencies for law enforcement purposes, including, but not limited to, patrol, apprehension, search, rescue, explosive, and drug detection. III. MPD'S COMMITMENTS A. Reservation of space. MPD shall process requests for temporary boarding and use -of the Facility in the order such requests are received. Upon Guest's verbal or written request to MPD for the use of the Facility, and so long as Facility space and MPD staffing resources are available, MPD shall reserve and allow the use of the Facility for the date(s), time(s), law enforcement officer(s), and police dog(s) as requested. B. Temporary access to Facility. The Facility is locked and secured at all times, and access thereto is limited. Pursuant to the terms of this MOU, MPD will provide to Guest means of access to the Facility during the scheduled temporary use of the Facility. C. Facility control and maintenance. At all times, the Facility shall remain under the authority and control of MPD. Decisions regarding staffing, climate control, sanitation, maintenance, and access shall be made solely by MPD. MPD shall meet practicable standards of safety, security, and habitability. D. Boarding. Though Guest shall be required to check on a boarded police dog at the Facility at least twice daily, in Guest's absence and as authorized in advance, designated MPD canine law enforcement officers will feed, water, and exercise a boarded police dog, according to written instructions provided by Guest. E. Obtain necessary veterinary care. If a boarded police dog appears to be ill, injured, or exhibiting any other behavior that would reasonably suggest the dog may need medical treatment, MPD shall seek necessary veterinary examination and on behalf of Guest shall authorize and procure any treatment, surgery, medication, quarantine, or hospitalization that may be prescribed to treat the dog. IV. GUEST'S COMMITMENTS A. Procedures. Guest shall follow MPD procedures, policies, and protocols regarding use of the Facility at all times. B. Access. Guest's authority to access MPD and/or Facility shall be limited to the duration and scope of each scheduled temporary use. Upon Guest's departure fiom Facility, following each and every scheduled temporary use of Facility, Guest shall return to City any and all MOU WITH GUEST AGENCY FOR USE Of MPD CANINE FACILITY PAGE 2 OF 6 temporary badge(s), key(s), prox card(s), and/or other means of access to Facility. Guest's authority to access Facility is specific to the person(s) enumerated for each scheduled temporary use and shall be nontransferable. Guest shall not share access codes, badges, keys, prox cards and/or other means of access to Facility with any other person without City's prior written consent. Guest shall notify City immediately upon Guest's discovery of any loss, theft, or destruction of any code, badge, key, prox card, granted to Guest by MPD. C. Twice daily presence at Facility. Guest shall ensure that its law enforcement officer physically appears at Facility at least twice on each and every day that Guest's police dog is boarded at the Facility, for the purpose of feeding, watering, and exercising the boarded police dog, unless alternative advance arrangernents have been authorized by MPD for designated_MPD canine law enforcement officers to feed, water, and exercise the boarded police dog, according to written instructions provided by Guest. D. Health certification. Guest shall comply with all MPD canine health certification requirements as to all boarded police dogs. MPD may cancel a boarding reservation with no prior notice to Guest if Guest's police dog is infected with or has been exposed to rabies, parvovirus, distemper, kennel cough, or other infectious disease or illness within a thirty (30) day period prior to boarding at the Facility. E. Veterinary care authorized. Guest shall, and hereby does, authorize MPD to seek veterinary services, including examination, treatment, surgery, medication, quarantine, or hospitalization that may be necessary to treat the dog. Guest shall reimburse the City of Meridian, the treating veterinarian(s), and/or other service provider(s) for any and all costs related to veterinary care provided. F. Insurance. City shall not provide insurance or benefit coverage of any kind to cover loss, theft, injury, illness, death, or damage to Guest's police dog, agents, employees, or other person or property. Insurance of Guest, Guest's police dog(s), property, and/or interests shall be the sole responsibility of Guest. Guest shall obtain all necessary insurance as may be required in order to protect Guest's insurable interests as may be related to use of the Facility by Guest, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the police dog(s) to be boarded at the Facility. Guest shall bear any and all known and unknown risks of and actual, loss, theft, and/or damage related to use of the Facility by Guest. City may seek reimbursement from Guest for any damage to the Facility caused by Guest and/or Guest's police dog that exceeds reasonable wear and tear. V. GENERAL PROVISIONS A. Assumption of risk. Guest acknowledges that use of the Facility may carry risks of injury to, death of, damage to, and/or loss of Guest's police dog, or to other persons or dogs, some of which risks are unknown, and Guest hereby accepts and assumes all known and unknown risks and hazards related to Guest's use of the Facility. B. Indemnification. In consideration of permission from the City of Meridian to enter and use the Facility, Guest hereby agrees to indemnify, defend, and save and hold harmless the City of Meridian, its employees, agents, officers, volunteers, and guests from and against any and MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 3 OF 6 all demands, suits, actions, claims, losses, judgments, damages, expenses, or costs, whether or not meritorious, including, without limitation, attorneys' or other professional fees, in conjunction with any injury, death, or damage to Guest's police dog boarded at Facility, to other police dogs boarded at Facility, and to other persons or property, arising out of, relating to, or caused or incurred by Guest and/or Guest's police dog, except for those resulting solely from the tortious conduct of City or City's agents or employees. C. Release of liability. Guest forever waives and releases, on behalf of the Guest and the agents, employees, heirs, executors, administrators, assigns, and/or personal representatives thereof, any and all claims and/or rights for damages that Guest or such other persons or entities now have or may have hereafter have against the City of Meridian and/or its em plo) ems, agents, officials, officers, volunteers, and guests, suffered in connection with or arising out of the use of the Facility. D. Term of MOU. Unless earlier terminated by either Party or modified in writing by both Parties, this MOU and all terms and conditions hereof shall be in effect for a term of one (1) year from the Effective Date, and shall renew automatically on an annual basis, E. Termination for cause. if City determines that Guest has failed to comply with any term or condition of this MOU, violated any covenant, agreement, and/or stipulation of this MOU, or engaged in any other act of misconduct in the performance of this MOU; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this MOU; the other Party shall have the right to terminate this MOU by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. if the default is not cured within such period, this MOU shall be terminated upon mailing of written notice of such termination by the terminating party in the manner established herein. This provision shall not impede the right of City to immediately eject Guest or Guest's police dog(s) from the Facility, and/or bar Guest or Guest's police dog(s) from further use of Facility, with no prior notice to Guest, where such ejection and/or bar is deemed by City to be in the best interest of City and/or MPD. Guest shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this MOU or by other cause precipitated by Guest and/or Guest's police dog(s). This provision shall survive the termination of this MOU. F. Termination without cause. Either party may terminate this MOU for any reason at any time by giving at least seven (7) days written notice to the other party in the matter established herein. G. Non -waiver. A waiver of any breach or default of any provision of this MOU shall not be construed as a waiver of a breach of the same or any other provision hereof, H. Relationship of Parties. It is the express intention of the parties hereto that Guest is, and at all times relevant hereunder shall be, an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this MOU shall be interpreted or construed as creating or establishing the relationship of employer and employee between City and Guest or between City and any official, agent, or employee of Guest. MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 4 OF 6 I. Compliance with laws. In the performance of this MOU, Guest shall comply with any and all applicable federal, state, and local laws. J. Entire agreement. This MOU constitutes the entire understanding between the Parties. This MOU supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this MOU may not be enlarged, modified or altered except upon written addendum signed by both parties hereto. K. MOU governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this MOU. Venue shall be in the courts of Ada County_, Idaho. L. Advice of Attorney. Each party warrants and represents that in executing this MOU, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this MOU is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this MOU shall not be affected. O. Successors and assigns. Except as otherwise specifically established herein, all of the terms, provisions, covenants and conditions of this MOU shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this MOU, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Guest: Name: Ralph W. Powell Title: Director Address: 700 S. Stratford Drive Meridian, ID 83642 Phone: E-mail: City Jeff Lavey, Chief of Police City of Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642 (208) 888-6678 jlavey@meridiancity.org MOU WfTH GUEST AGENCY FOR USE OF MPD CAMNE FACILITY PAGE 5 OF 6 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. Q. Approval required. This MOU shall not become effective until approved by the respective governing bodies of both the City of Meridian and Guest. IN WITNESS WHEREOF, the parties shall cause this MOU to be executed by their duly authorized officers to be effective as of the day and year first above written. GUEST: Signature: Print name: Title: Date: Idaho State Police Ralph W. Powell Director 1 �- r y----1 CITY OF MERIDIAN: APPROVED INITIALS Date; c(o BY: Nfff)At;QZ1 Ta de e d, Mayor G r� 9 cry Of l if IAM- Attest: �� S ti J� r ty Clerk�sfa� MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 6 OF 6 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5C PROJECT NUMBER: H-2016-0133 ITEM TITLE: Final Plat for Southridge Subdivision No. 3 Final Plat for Southridge Subdivision No. 3 (H-2016-0133) by Corey Barton Homes, Inc. Located Southwest Corner of S. Linder Road and W. Overland Road MEETING NOTES rte✓ APPROVEO 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: January 3, 2017 ITEM NUMBER: 5D PROJECT NUMBER: H-2016-0126 ITEM TITLE: Knightsbridge Subdivision Final Order for Knightsbridge Subdivision (H-2016-0126) by Schultz Development Located 3870 E. Victory Road MEETING NOTES uy APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF SEVENTEEN (17) SINGLE FAMILY RESIDENTIAL LOTS AND TWO (2) COMMON LOTS ON 5.15 ACRES OF LAND IN THE R-4 ZONING DISTRICT FOR KNIGHTSBRIDGE SUBDIVISION. BY: SCHULTZ DEVELOPMENT ) APPLICANT ) HEARING DATE: DECEMBER 20, 2016 CASE NO. H-2016-0126 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 20, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 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 KNIGHTSBRIDGE SUBDIVISION, LOCATED IN SE'/4 OF THE SW/40F SECTION 21, TOWNSHIP 3N, RANGE 1E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: OCTOBER 31, 2016, GREGORY G. CARTER, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KNIGHTSBRIDGE SUBDIVISION (H-2016-0126) Page 1 of 3 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 December 20, 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 - ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KNIGHTSBRIDGE SUBDIVISION (H-2016-0126) Page 2 of 3 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 sC"/L ag-" , 2017. Attest: L: -jay uVi, City Clerk \�/"ryo tATEO A(/G,Gs i �- (gvuf, o 1 w Ito SEAL / 7 By: Tammy de rd Mayor, Ci f Meridian day of Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By:Dated: 'A'a ckx�'--ta ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KNIGHTSBRIDGE SUBDIVISION (H-2016-0126) Page 3 of 3 STAFF REPORT MEETING DATE: TO: FROM: Exhibit A December 20, 2016 Mayor and City Council Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Knightsbridge Subdivision — FP (H-2016-0126) I. APPLICATION SUMMARY The applicant, Schultz Development, LLC, has applied for final plat (FP) approval of 17 single- family residential building lots and 2 common lots on 5.15 acres of land in an R-4 (medium -density residential) zoning district, for Knightsbridge Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Knightsbridge Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0126 as presented in the staff report for the hearing date of December 20, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0126, as presented during the hearing on December 20, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0126 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 3870 E. Victory Road, in the SW'/4 of Section 21, Township 3 North, Range 1 East. B. Owners: Julie Lyan & Samuel Grayson 3870 E. Victory Road Meridian, ID 83642 C. Applicant/Representative: Schultz Development PO Box 1115 Knightsbridge Subdivision— FP (H-2016-0126) PAGE 1 Exhibit A Meridian, ID 83642 V. STAFF ANALYSIS The proposed final plat depicts 17 single-family residential building lots and 2 common lots on 5.15 acres of land in an R-4 zoning district. The gross density of the proposed subdivision is 3.3 dwelling units (d.u.) per acre with a net density of 4.73 d.u. per acre. All of the lots are for single-family detached homes and must comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-613-3C.2. The number of buildable lots and common area is the same as shown on the approved preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (H- 2016-0088, and recorded development agreement instrument #2016-113948). 2. The applicant has until October 5, 2018, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. Prior to signature on the final plat, the applicant shall provide documentation that the Sutherland Farms HOA has approved the inclusion of the Knightsbridge property into their HOA, and shall provide details of the proposed amenity to be constructed on lot. If the Sutherland Farm HOA does not allow this development to join the HOA, the applicant shall submit a final plat modification application to incorporate and reallocate a total of 10 percent open space and one amenity in accord with development agreement provision 1.1.1 c. 4. The final plat prepared by prepared by Idaho Survey Group, dated 10/31/16, prepared by Gregory G. Carter, shall be revised as follows: a. Include the instrument # for the development agreement noted above as note #10. b. Include the instrument # for note #9 referencing the irrigation easement instrument number. 5. The submitted landscape plan prepared by Breckon Land Design, dated 10/28/16 is approved as proposed. 6. The existing structures shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-6 and 11-3A-7. 9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 10. The applicant shall construct homes within the proposed development consistent with the elevations approved with the recorded development agreement. Knightsbridge Subdivision— FP (H-2016-0126) PAGE 2 Exhibit A 11. 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 http://www.meridianciiy.orgZpublic works.aspx?id=272 12. Applicant shall be required to extend a 12 -inch diameter main in Victory Road along the project frontage. Applicant will also need to upsize the north -south mainline within the development to a 12 -inch diameter main, to tie into the existing 12 -inch mainline in S. Proud Lane, since it's a mid- section line. The 12 -inch water main extension in Victory Road shall terminate with fire hydrants in alignment with the eastern and western property Boundary's. VII. GENERAL REQUIREMENTS 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. 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. Knightsbridge Subdivision— FP (H-2016-0126) PAGE 3 Exhibit A 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. 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 Water Department at Knightsbridge Subdivision— FP (H-2016-0126) PAGE 4 Exhibit A (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. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 06/30/16) C. Proposed Final Plat (dated: 10/31/16) D. Proposed Landscape Plan (dated: 10/28/16) Knightsbridge Subdivision— FP (H-2016-0126) PAGE 5 Exhibit A Exhibit A — Vicinity Map Vicinity Map Mies Legend E Easy Jsec 6r 121a5 A � r * "' n r,F naa ac�wha�" Gll�w0 E-G?r¢-� � . °� s^f Gq d i ■ �■ - �i76r. 27L4 ■ ■"raao9lnnpac9 i^ ,�,� �,Q=•s. ...a� narr � "' • i`� '$� �^rx,., w�.-�,-.� c� em °-.r LM kov s f Mackay Gr { IJbIlilY9tir St r. aa''qq■■ "y .. � 0 466 14w INC AI 147) 554b J --- Shvq &r Cl JLn 1$11-1 NUry em �� x � �� � ��. �`'r-.IL � - A k ■ fi DIANf- A.* Date 41,1016 Knightsbridge Subdivision— FP (H-2016-0126) PAGE 6 Exhibit A Exhibit B — Approved Preliminary Plat (dated: 06/30/16) I I - �F` 1 I I n z . Q 4- mZ- WOV-- fOAHO { a Knightsbridge Subdivision— FP (H-2016-0126) PAGE 7 SURVEY I ,.,,,,,,,,y,,,,,"'" KNIGFTSBRIDGE SUBDIVISION �'�-- —m— � •-••• '�'&••••. �.. �..5�^� � 9C MCxI K �1L ,•••.l � � �� � �� .omr cisme NV �� n,w Ami PREHMIMARY PLA �CnRo w TME S tJt 6 ���J�lTgibPnO � S iExv Knightsbridge Subdivision— FP (H-2016-0126) PAGE 7 Exhibit A Exhibit C — Proposed Final Plat (dated: 10/31/16) PLAT SHOWING KNIGHTSBRIDGESUBDI VISION LOCATED IN THE SE Ys OF THE SW X OF SECTION 21• T, 3N. RAE., B.M. MERIDIAN, ADA COUNTY, IDAHO 2015 rrm SCALE: 1' _ 4' svm'ss•w mmm mm"Im ^.�, -� r _ . ---- ------ — -- wwc vr.orpc xrl�,zi ixzzx• rra°Jw�n xcw awns zs.w „ or w e riw�ws xw,En Q a C O $ R Q BLOCK 3 A $ em • 5 O a I PLAT SHOWING KNIGHTSBRIDGESUBDI VISION LOCATED IN THE SE Ys OF THE SW X OF SECTION 21• T, 3N. RAE., B.M. MERIDIAN, ADA COUNTY, IDAHO 2015 rrm SCALE: 1' _ 4' BLOCK 1 w p Ra MM'58•E 51115' t%4AI xons rmm„ w.. � ax.s arm,s.aE,m x. x>m,.xk svm'ss•w 1a5.zY taco• ^.�, -� r _ . ---- ------ — -- wwc vr.orpc xrl�,zi ixzzx• rra°Jw�n xcw awns zs.w „ O� wEtlNNINC w e riw�ws xw,En Q a C O $ R Q BLOCK 3 A $ em • 5 O a I - x+bvt•si`t . - o� -_-: f___ 5.TFRRI WAY itod j _��fi+l _rc n ----- ec — ------ Son, --------- �w �.5z - �s,a,s'°�. "6�,� — - --- s s c.�•� � . _ - T,a � � � S IERR! WAY 87' wwanxw ta4von s¢ xo,t v I , s i BLOCK 1 w p Ra MM'58•E 51115' t%4AI xons rmm„ w.. � ax.s arm,s.aE,m x. x>m,.xk - ^.�, 7729 � ,a•,K �x,,,b,,,x ---- ------ — IDAHO x SURVEY _'T i�oF�3 GROUP, Knightsbridge Subdivision— FP (H-2016-0126) PAGE 8 ---- ------ — -- wwc vr.orpc xrl�,zi ixzzx• rra°Jw�n xcw awns zs.w „ O� wEtlNNINC w aEGEtl'u” riw�ws xw,En p xN ww S • *xin Inz+ Nx wTM�m g..re• ix�w rix x,m .wr ow n>o .°: nz. � � � IDAHO x SURVEY _'T i�oF�3 GROUP, Knightsbridge Subdivision— FP (H-2016-0126) PAGE 8 Exhibit A Exhibit D — Proposed Landscape Plan (dated: 10/28/16) 2 O BLMK2 N r X3 c - - L LD a ~z KXK3 ! W Lj LANDSCAPE PLA JCC TREE PROTECTION NOTES. TREE MITIGATION PLANT SCHEDULE ¢ w O LANOSCPAE NOTES NOTES :g wa LNVDSCAPE LEGEND GALLM LEGEND `.�"' _.'"•� °'`" WEED ABATEMENT NOTES, - -- zi d" � Q..�..w �.. ,IB remaiw ■■anxmx � .-,.v.� �, Knightsbridge Subdivision— FP (H-2016-0126) PAGE 9 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5E PROJECT NUMBER: H-2016-0127 ITEM TITLE: Oaks South Subdivision No. 5 Final Order for Oaks South Subdivision No. 5 (H-2016-0127) by Thomas Coleman, Coleman Homes, LLC Located South Side of W. McMillan Road, Approximately 1/4 Mile East of N. Black Cat Road MEETING NOTES U✓ APPIDIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF FIFTY-ONE (51) SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND TEN (10) COMMON LOTS ON 13.23 ACRES OF LAND IN THE R-4, R-8 AND R- 15 ZONING DISTRICTS FOR COLEMAN HOMES, LLC BY: COLEMAN HOMES, LLC APPLICANT HEARING DATE: DECEMBER 20, 2016 CASE NO. H-2016-0127 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 20, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 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 THE OAKS SOUTH SUBDIVISION NO. 5, SITUATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. 2017, HANDWRITTEN DATE: 11/7/16, by CODY M. MCCAMMON, PLS, SHEET 1 OF 7," is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 5 — FP H-2016-0127 Page 1 of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 20, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kristi Watkins, J -U -B Engineers, a true and correct copy of which is attached hereto marked "Exhibit B" 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 5 — FP H-2016-0127 Page 2 of 3 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 , 2017. B Tam*City Mayridian Attest:GO�PORATFQgG C. y c s z s I�I w City Clerk �� �.qt Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: ' �� Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OAKS SOUTH SUBDIVISION NO. 5 — FP H-2016-0127 Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: December 20, 2016 wl IDIAN11--ft", TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0127 — Oaks South Subdivision No. 5 I. APPLICATION SUMMARY The applicant, Coleman Homes, LLC, has applied for final plat (FP) approval to develop 51 single- family residential building lots and 10 common lots on 13.23 acres of land in the R-4, R-8 and R-15 zoning districts. II. STAFF RECOMMENDATION/DECISION Staff recommends approval of the Oaks South Subdivision No. 5 final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0127 as presented in the staff report for the hearing date of December 20, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0127, as presented during the hearing on December 20, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0127 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: (Parcel #: S0433212510) The site is located on the south side of W. McMillan Road, approximately '/4 mile east of N. McDermott Road in the NW 1/4 of Section 33, Township 4N, Range 1W. B. Applicant/Owner: Thomas Coleman, Coleman Homes, LLC 3103 W. Sheryl Drive, Ste. 100 Meridian, Idaho 83642 C. Representative: Kristi Watkins, JUB Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, Idaho 83709 Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat depicts 51 single-family residential building lots for detached homes and 10 common lots on 13.23 acres of land in the R-4 zoning district. The average lot size for this phase is 7,585 square feet (s.£) with a minimum lot size of 6,600 s.f. The gross density for this phase is 3.85 dwelling units per acre with a net density of 5.74 dwelling units per acre. One of the proposed building lots, Lot 2, Block 14, along with two other future lots to the south are split -zoned R-8 and R-15. Some of the common area is also split zoned and zoning within the right- of-way does not go to the centerline of the street as required. Staff recommends the applicant obtain approval of a rezone application prior to signature on the final plat for this phase of development to clean-up the zoning. The proposed open space for this phase consists of half of the street buffer along W. McMillan Road, parkways along local streets within the development, micropath lots and passive open space lots. The common open space proposed is approximately 1.32 acres and is consistent with that approved with the overall Oaks South development. Staff has reviewed the proposed final plat for substantial compliance with the approved revised preliminary plat (PP -13-013). Because the number of building lots and the amount of qualified open space proposed on the final plat are the same as approved with the preliminary plat, staff deems the final plat to be in substantial compliance as required by UDC 11 -6B -3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall comply with all terms of the approved Oaks South annexation (AZ -13-008); preliminary plat (PP -13-013) and recorded development agreement (DA #114030972). 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of the City Engineer's signature on a previous final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The applicant shall submit a rezone application prior to signature on the final plat for this phase of development to clean-up the lots that have split -zoning and the right-of-way (zoning should go to the centerline of the street on local streets). 5. The final plat prepared by J -U -B Engineers, Inc., stamped on 11/7/16, by Cody McCammon, shall be revised as follows: a. Note #10: Include recorded Instrument number. b. Note #12: "Direct lot access to W. McMillan ..." c. Graphically depict the easements noted in Easement Notes #1 on the face of the plat. d. Include the recorded Instrument number in Easement Notes #5. e. Include the recorded Instrument number in Easement Notes #6. 6. The landscape plan prepared by Jensen Belts Associates, dated 11/4/16, shall be revised as follows: a. The unimproved right-of-way along W. McMillan Road is required to be improved with a 10 - foot wide compacted gravel shoulder meeting ACHD construction standards and the remainder shall be landscaped with lawn or other vegetative groundcover in accord with UDC 11-313-7C.5. Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 2 EXHIBIT A 7. Submit a public use easement to the Planning Division for the multi -use pathway adjacent to N. Rustic Oak Way prior to City's Engineer signature on the final plat. 8. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. 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. 9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 10. Prior to the issuance of any building permit, the property shall be subdivided in accordance with the UDC. 11. The applicant shall comply with the submitted home elevations approved with the preliminary plat. 12. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 13. A street light plan will need to be submitted for review with the Civil Plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_ works.aspx?id=272. 14. As proposed, this development will not deliver adequate fire protection. The project must be reconfigured and/or a 12 -inch water main must be built off-site on McMillan, to the next north - south roadway connection to the west, and then down to Quintale to provide a loop. A 12 -inch water main must be extended from the intersection of Quintale and Mallard, to McDermott Rd to allow access to new Well 29 piping. VII. GENERAL REQUIREMENTS 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 creditor 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 Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 3 EXHIBIT A 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. 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. Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 4 EXHIBIT A 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 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/Zoning Map B. Approved Preliminary Plat (PP -13-013) (dated: 8/6/13, revised 10/4/13) C. Proposed Final Plat (stamped/dated: 11/7/2016) D. Proposed Landscape Plan (dated: 11/4/2016) Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 5 EXHIBIT A Exhibit A — Vicinity/Zoning Map Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 6 EXHIBIT A Exhibit B — Approved Preliminary Plat (PP -13-013) (dated: 8/6/13, revised 10/4/13) Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 7 EXHIBIT A Exhibit C - Proposed Final Plat (dated: 11/7/2016) PLAT SHOWING The Clerks South Subdivision No. 5 5luoef a ik W Hol d Iho Nnlher,I +Loner 0 WHIP 33, TPOO a Nfrl4 Rmge 1 W BWA WW City of Meridian, Add County, Idaho. � 1rw r L28 i y�09"15'SO'IY 569.ie6' 110 121 y L31e raa® - This g -,L k17 'M'rF Ul i 6uY.g khe / D"9U. -+P �3B'15'm I I, -,e 1LJ .....+ax'1x5nW Tax u'. -Yt/18 Ptln1 oP BgnN�q� LIS 2L 4d - L2 BLL'38'wE "a" 3d 33 e L3 6 211vft Ii3A1.' Gk3T 6M]r33'15-M 1LJ0' _ _ _ _ _ _ _ - - _ _ u 1aal�a'++•E ao-aa' u>t a 1»e++� +a.,w` - en .-aha• a..ea.. k Ap rga. 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PLAT SHOWING The Oaks South Subdivision No. 5 1 $MIS -M -E tg1A5' F+I IVO ba X35,55' _T +i_ NJ 1pJI } ; 4 .a""'« n• �I �T �,` t__ `- -+ AN�-rte 47'� a � pro• � � i ti` m. � � � a s i'' m. > S3B'3raA^M Iss a :` 4 uv 4 ,'s3w MIA s Z,1, 9 Y45� y - Neriasaw s53.ao' `� '• g � L� c � sn� _yam a �' as 14.4a' RK cn icser Izxov n rear rw,sr '$• y,"-ns'�Sry' r�w,�. PIAT RWK PAJGE e "" �'"• - "'" q"` mw• ,:s.m asr,r rerx'+s+r msa' w ! or.ra �+wu - na sr.N rwna rass wrm'w'r ,n.om 710 Md' Ome 1 r+K�x Retivn Tey 4*w aw�K CeoN ,MIh Lv rePM�Y2 aO.M •rar ung' err' mt-b']A ,]qqy c, rs �� s+.ar .sr >�• w%'te' recbc;u� .se'Q �� ������ . Su as"raY 1¢40' SY ,raW' I7r•t� svtd,lF ]' � a �. fidir'rY 55 Or'�'S eT.eY Ser+rsa,: Irrr raRar+ex Sa"n' J-IFd EW11XEER5, Ai C. ss•nw .m .K4mnx+,ocn+xu,'..nw. Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 9 EXHIBIT A PLAT SHOWING PLAT BDDK PAGE The Oaks South Subdivision No. 5 a we. 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Rpi[-vl-,by Ewm.Mw xa FWwR 14m[a P�..a �R.mw.wa. d � YlwkT.• i,raYcrYM0. paa5lq, a o,Mr eni. nmpmvneH ore Wray (—w) [a Ne taws La mra.] wpt Mry w 6mmga,.a fmm S9[£r 5 0[ 3 1-uaEriclxEERs.■re. Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 10 EXHIBIT A Exhibit D —Proposed Landscape Plan (dated: 11/4/2016) SLANT SGHEAULS NATES IE R � KEY MIP PLANT SGHZPULC KEY MAP _I AW ii LANDSCAPE PLAN L2 Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 11 EXHIBIT A — d T 1 - .id ,£. w / . .1 VY.W.1 f 4 s j 41AT�1 l•.. _ Ls NOTE _r-_MRTCHLNE L2 � 4 IL Z i D v 3•..a RL6 r�r.x n11 '� O LaNRS:aFE GALGf LRTIch G M 1 1 1 1 1 11 ^! HIM KEY NAP .�.... Kf�� o � LANOEGAPE l44An PLAN - I'I-ANTER !.N' P— —E il ` ,. � E- E B6TY •• - . � " L'- L3 -. +, U � PasT CAR x 5y2" RAIL " x 13 3/a" PANELS x 5'' i'05T NG PER MFG H-IENDATION5 NOTES: I. FENCIN6 TO MATCH 5UBDIV151ON5 EXI5TIN6 PHA5E5. GONTRAGTOR TO VERIFY 5Tf'LE TO MATCH. 2. FENGE TO 5TEP DOWN TO 5 HEIC-HT 20' FROM ROA. 3. 6" WIDE ROCK MULCH MOW STRIP TO BE IN5TALL AT BASE OF FENGE ON GOMMON LOT SIDE. VINYL FR I VAGY FENCE NOT TO SCALE Oaks South Subdivision No. 5 - FP H-2016-0127 PAGE 12 EXHIBIT B Sonva Allen From: Kristi Watkins <kwatkins@jub.com> Sent: Thursday, December 15, 2016 10:47 AM To: Sonya Allen; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill Cc: Scott Wonders Subject: RE: Oaks South No. 5 - FP H-2016-0127 Sonya In regards to the staff report for Oaks South No 5, we accept the conditions as proposed. As per our discussion we will change the wording in Easement Note #1 to read "blanket" easements and will proceed with the rezone application as per your request. Thank you, Kristi From: Sonya Alien[mailto:sallen@meridiancity.org] Sent: Tuesday, December 13, 2016 4:05 PM To: Barbara Shiffer <bshiffer@meridiancity.org>; C.Jay Coles <cicoles@meridiancity.org>; Charlene Way <cwav@meridiancity.org>; Machelle Hill <mhill@meridiancity.org> Cc: Kristi Watkins <kwatkins(@iub.com> Subject: Oaks South No. 5 - FP H-2016-0127 Attached is the staff report for the proposed final plat for Oaks South No. 5. This item is scheduled to be on the Council agenda on December 20th. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kristi - Please submit a written response to the staff report to the City Clerk's office (mhill@meridiancity.org, hones@meridiancity.org), cwav@meridiancity.org, bshiffer@meridiancity.org and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancit�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: January 3, 2017 ITEM NUMBER: PROJECT NUMBER: H-2016-0130 ITEM TITLE: Roundtree Place Subdivision Final Order for Roundtree Place Subdivision (H-2016-0130) by Trilogy Development Located 755 S. Linder Road MEETING NOTES c✓i APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWENTY THREE (23) SINGLE FAMILY RESIDENTIAL LOTS AND FOUR (4) COMMON LOTS ON 4.99 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR ROUNDTREE PLACE SUBDIVISION. BY: TRILOGY DEVELOPMENT APPLICANT HEARING DATE: DECEMBER 20, 2016 CASE NO. H-2016-0130 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on December 20, 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 ROUNDTREE PLACE SUBDIVISION, LOCATED IN SE/40F THE NE 1/40F SECTION 14, TOWNSHIP 3N, RANGE 1W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2016, HANDWRITTEN DATE: NOVEMBER 9, 2016, CODY M. MCCAMMON, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROUNDTREE PLACE SUBDIVISION (H-2016-0130) Page 1 of 3 PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 20, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Kristi Watkins, J -U -B Engineers, a true and correct copy of which is attached hereto marked "Exhibit B" 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ROUNDTREE PLACE SUBDIVISION (H-2016-0130) Page 2 of 3 By ction of the City Council at its regular meeting held on the day of 6. aor 7 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 Yet COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T y de Weerd Attest: AXI J n C. Jay les City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: V 1.'�/`x� I`/ U Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0090 -4- STAFF REPORT MEETING DATE: TO: FROM: Exhibit A December 20, 2016 Mayor and City Council Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Roundtree Place Subdivision— FP (H-2016-0130) L APPLICATION SUMMARY The applicant, Trilogy Development, has applied for final plat (FP) approval of 23 single-family residential building lots and 4 common lots on 4.99 acres of land in an R-8 zoning district, for Roundtree Place Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Roundtree Place Subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2016-0130 as presented in the staff report for the hearing date of December 20, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0130, as presented during the hearing on December 20, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0130 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 755 S. Linder Road, in the NE 1/4 of Section 14, Township 3 North, Range West. B. Owners: Corey Barton Homes 1977 E. Overland Road Meridian, ID 83642 C. Applicant: Trilogy Development 9839 W. Cable Car Street, Suite 101 Roundtree Place Subdivision—FP (H-2016-0130) PAGE 1 Exhibit A Boise, ID 83709 D. Representative: JUB Engineers 250 S. Beechwood, Suite 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts 23 single-family residential building lots and 4 common lots on 4.99 acres of land in an R-8 zoning district. The gross density of the proposed subdivision is 4.61 dwelling units (d.u.) per acre with a net density of 7.37 d.u. per acre. All of the lots are for single-family detached homes and must comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11 -6B -3C.2. The number of buildable lots and common area is the same as shown on the approved preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. The applicant shall comply with all applicable conditions of approval associated with this site (H- 2016-0081, and recorded development agreement instrument #2016-109498). 2. The applicant has until September 21, 2018, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. The final plat prepared by prepared by JUB Engineers, Inc., dated 11/09/16, prepared by Cody M. McCammon, shall be revised as follows: a. Include the instrument # for the development agreement noted above as note #10. b. Include the instrument # for note #10 referencing the ACHD License Agreement. c. Include the instrument # for the development agreement noted above as note #14. Lots 6, 7, and 8, Block 1 and Lots 5-7 and 9-11, Block 2 shall take access from common driveway as proposed if the Commission and Council approve the use of the common driveway as shown. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted with a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway. 6. The existing structures shall be removed prior to City Engineer signature on the final plat. A demolition permit shall be procured from the Building Division. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 9. The applicant shall construct homes within the proposed development consistent with the elevations approved with the recorded development agreement. Roundtree Place Subdivision— FP (H-2016-0130) PAGE 2 Exhibit A 10. The submitted landscape plan prepared by JUB Engineers, dated 11/10/16 shall be revised as follows: a. Along Linder Road, the detached sidewalks shall have an average minimum separation of greater than four (4) feet to back of curb. The four (4) feet of space shall be landscaped in accord with UDC 11 -3B -7C. Prior to the signature on the final plat, the landscape plan shall be revised to meet the requirements of UDC 11-3B-7. b. The applicant shall install 2 trees along the Waltman Street frontage of Lot 1, Block 1. c. Prior to signature on the final plat, the applicant shall provide a landscape plan that indicates the ultimate location of the Right-of-way on Linder Road to ensure that the required 25 foot landscape buffer is installed. 11. 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 htip://www.meridiancity.ora//public_works.aspx?id=272. The plan will need to include the installation of a 30' LED Type 1 light at the intersection of Linder Road and Waltman Street. Type 2 lights will be required on the subdivisions internal streets and along the frontage of Watlman Street. 12. In lieu of extending a water main down the westerly common drive, applicant shall install services and meters adjacent to the public right-of-way, and then run service lines to each individual lot on the common drive. VII. GENERAL REQUIREMENTS 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. 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. Roundtree Place Subdivision— FP (H-2016-0130) PAGE 3 Exhibit A 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. 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 Roundtree Place Subdivision— FP (H-2016-0130) PAGE 4 Exhibit A 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. 1i/1100.41111: y A. Vicinity Map B. Approved Preliminary Plat (dated: 06/29/16) C. Proposed Final Plat (dated: 11/09/16) D. Proposed Landscape Plan (dated: 11/14/16) Roundtree Place Subdivision—FP (H-2016-0130) PAGE 5 Exhibit A Exhibit A — Vicinity Map vicinity Map oils 03Was Legend. h(MSiF M7 44 BW+nF TM�Vi4({ BA94f�wi/ffal M@IMY 1P 6df+47fM +Y+4MI TR4 G[R gl � AM��rtPb 7+t m mpa C1 koOd � Z •.ACIW Al 'fY { Li 'd /�. Av unnW m"Yn1 � ■ O �} Pu�'H+R F r�_••!s ^4 h1�!I r4YR? r•rr Yp 4+4 '� i, RI fit -7� Pti ,. �F �,� TN-91 'Rul -T-R4 Ylitl t�► 111. "*+ R-8 R 4 oP aOua Lh AL W RUT // u Rr�9g 3 Yi iY'A$Ryn l f - Sf, r - iy7c"7move Dr :• FF ? T CZ P i.Y Wl3rovo71au3Gr e i KI YY Eddcr {f,, ac +w w �s at W W YxhannOr r - -- �• 4Y SlcrLrrls ar 4 5elrm. wi& WJarl ryry 6r Rat Date J,20.20 s5 Roundtree Place Subdivision—FP (H-2016-0130) PAGE 6 Exhibit A Exhibit B — Approved Preliminary Plat (dated: 06/29/16) 0 RGUNDTREE PLACE SUBDMSION I LOT -A & Wi w i l SGffiMiM rht�cae-K exrI#MiD M+ett+'h! w�*htq-49WJp0' HCf*4k �MCMFI IIONFI N!� � 96l �� YCIGVM 'Iry 9f I93tKil K ADA, CZUMTY, KMM. Pais T ._ate+ —,--. 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'� �---uarzeu•x1 -� '� � e__ZLearze'eai---' al al $� .v-1 ' S'Ir- �--,+mm•-`--� � r ----+,sac•- - � � r cn xerlx417r R m aozr - °° 7 Iprrr 7 y, 4 zs' m• S e a 1 i°�IR Iwwur rnrrr{+� rxass•.�J-swrxart-Is+.+r- ul+erlx'a+w-+aaos--vJ (>� Lai (,x>�7 az,.ar• .a.ac• as,or seo-,xel � se'- •7�:ar a s/e ctl{ HS912411Y 839.8]' ---7a +1 LxrEmac] ceYc ,om�eaze n/{ w. YleXman Sinal IPodKI � Poe,t ea 4gmxy L'Po{ +el,Ua>e vrsl _ _ _ uw TaW LNUB ,rod. - -- -' -- -- J-U=B ENGINEERS, INC. ux n.w„mx xar n exxnoraxeuosse ..'.wa. �uy „ SHEET r OF{ Roundtree Place Subdivision—FP (H-2016-0130) PAGE 8 Exhibit A Exhibit D — Proposed Landscape Plan (dated: 11/14/16) PI.RNF SCHE�IILE � irnoii o. ian gni .M. o...na .�mm.n io. Y+N»e. 0 2 Roundtree Place Subdivision—FP (H-2016-0130) PAGE 9 Joshua Beach From: Kristi Watkins <kwatkins@jub.com> Sent: Thursday, December 15, 2016 11:39 AM To: Joshua Beach; Barbara Shiffer; C.Jay Coles; Machelle Hill; Charlene Way Cc: Scott Wonders Subject: RE: Roundtree Place FP Josh In regards to the staff report for Roundtree Place Subdivision, we accept the staff report and conditions as proposed. Thank you, Kristi From: Joshua Beach[mailto:ibeach@meridiancity.org] Sent: Thursday, December 15, 2016 9:13 AM To: Kristi Watkins <kwatkins@lub.com> Subject: Roundtree Place FP Kristi - Please submit a written response to the staff report to the City Clerk's office (cjcoles@meridiancity.or, mhill@meridiancity.orQ) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting (Today by 3). If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Josh Beach I Associate City Planner City of Meridian I Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitVmeridion.org MEMO 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. This e-mail and any attachments involving J -U -B or a subsidiary business may contain information that is confidential and/or proprietary. Prior to use, you agree to the provisions found at edocs.jub.com. If you believe you received this email in error, please reply to that effect and then delete all copies. Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5G PROJECT NUMBER: H-2016-0112 ITEM TITLE: Movado Estates Subdivision Findings of Fact, Conclusions of Law for Movado Estates Subdivision (H-2016-01 12) by DevCo, LLC, Located at the South Side of E. Overland Road Between S. Topaz Way and S. Cloverdale Road 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER �E IDIZ IAN,- �J In the Matter of the Request for Annexation and Zoning of 102.69 acres of land from RUT in Ada County to the R-8 zoning district (58.64) and R-15 zoning district (44.05); and Preliminary Plat Consisting of 430 single-family residential building lots and 39 common lots on 102.69 acres of land for Movado Estates Subdivision located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE %4 of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and S 1121141800), by DevCo, LLC. Case No(s). H-2016-0112 For the City Council Hearing Date of: December 20, 2016 (Findings on January 3, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 20, 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 -7 84 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-2016-0112 -I- 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 October 18, 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 an 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 December 20, 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 December 20, 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 11-513-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-513-317). 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 December 20, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 -2- By action of the City Council at its regular meeting held on the ly/65. ?pl7 COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER 3 day of VOTED VOTED VOTED — VOTED 4 VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tai de Weerd Attest: C vJay C0 City Clerk G��pORATe'D d �4 ) j W ' t 4 a Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: WE Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 -3- Exhibit A STAFF REPORT HEARING DATE: December 20, 2016 E TO: Mayor Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Movado Estates Subdivision - H-2016-0112 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ), and preliminary plat (PP) for Movado Estates Subdivision. The applicant proposes to annex and zone 102.69 acres of land from RUT in Ada County to the R-8 zoning district (58.64) and R-15 zoning district (44.05). The applicant also proposes a preliminary plat consisting of 430 single-family residential lots and 39 common lots and 9 other lots on approximately 102.69 acres in the R-8 and R-15 zoning districts. NOTE: Since the application was submitted to the City, the applicant finalized a property boundary adjustment with the County which altered the configuration of the property. The resulting properties have revised staff's recommendations to include the northern portion of the property in the annexation and preliminary plat. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ & PP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. 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 PP requests. a. Summary of Commission Public Hearing: L. In favor: Jim Conger, Applicant ii. In opposition: Lee Coulson, Mark Taylor, Dale Eldridge, Guy Beedle, Elvira Vansickel, Ross Boyack iii. Commenting: Lee Coulson, Mark Taylor, Dale Eldridge, Guy Beedle, Elvira Vansickle, Ross Bovack iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: L Increased traffic through the Muir Woods and Sutherland Farm Subdivision as a result of this proposed subdivision ii. The number of lots against existing homes iii. Potential for a continued pathway along the Ridenbaugh Canal iv. Lack of direct subdivision access to Cloverdale Road c. Key Issues of Discussion by Commission: L Potential for continued pathway along the Ridenbaugh Canal Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 1 Exhibit A ii. Timing of the pedestrian bridge over the Ridenabugh iii. Potential for a direct access to Cloverdale iv. 105 units in the gated portion versus the 100 that is allowed per code d. Commission Change(s) to Staff Recommendation: i. Modifv condition 1.1.2(C) to read as follows: "The annlicant shall be allowed to have 105 units within "The Village Cottages" portion of the subdivision, rather than the 100 that would otherwise be allowed by section 11 -3F -4A.4 of the UDC." ii. Modify condition 1.1.1 c to read as follows: — Applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with Phase 5A as shown on Phasing Plan dated 09/07/2016. iii. Remove conditions 1.1.1 a and 1.1.2 d iv. Modify condition 1.1.1 f to read as follows: — The applicant shall construct an additional portion of 10 -foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adiacent to lot 20 of Block 1 where it will connect with the Regional Pathway on the south side of Eight Mile (Five Mile) Creek. v. Remove condition 1.1.2 c vi. Modify condition 1.1.3. a to read as follows: — Ridenbaugh Canal 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. vii. Modufy condition 1.1.5 to read as follows: — A minimum 5 -foot wide detached sidewalk shall be constructed along Cloverdale Road where none exists with phase 5A of the development and to coordinate with Nampa -Meridian Irrigation District and ACHD relocation of the Ridenbaugh Canal and Cloverdale Road improvements. e. Outstanding Issue(s) for City Council: L The applicant requests to leave the Eight Mile Creek open. This requires Council approval. The Meridian City Council heard this item on December 20, 2016. At the public hearings, the Council moved to approve the AZ and PP requests. a. Summary of City Council Public Hearing: L In favor: Jim Conger ii. In opposition: Lee Coulson, Vern Williams, Terrell Williams, Jason Attinger, iii. Commenting: Dale Eldridge, Vern Williams, Terrell Williams, Jason Attinger, iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: L Why ACHD has not required a direct street connection to Cloverdale Road. ii. The increased vehicular traffic through existing subdivisions specifically to get children to the school on the east side of Cloverdale. iii. The number of increased trips though the existing Muir Woods Subdivision. iv. Whether the applicant will be reimbursed for realigning of the canal. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 2 Exhibit A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0112, as presented in the staff report for the hearing date of November 17, 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-2016-0112, as presented during the hearing on November 17, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0112 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 on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE 1/a of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and S1121141800). A. Applicant: DevCo, LLC 4824 W. Fairview Ave. Boise, ID 83706 C. Owner: William P. Bienapfl Jr. 2674 S. Andros Meridian, ID 83642 D. Representative: Conger Management Group 4824 W. Fairview Avenue 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, preliminary plat, alternative compliance and a private street. A public hearing is required before the Planning and Zoning Commission and City Council on the annexation and preliminary plat and c the Director is the decision maker on the alternative compliance and private street request, consistent with Meridian City Code Title 11, Chapter 5.B. Newspaper notifications published on: October 24 and November 14, 2016 C. Radius notices mailed to properties within 300 feet on: October 20, 2016 D. Applicant posted notice on site(s) on: November 4, 2016 VI. LAND USE A. Existing Land Use(s): The site consists of a county residence and agricultural land, zoned RUT Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 3 Exhibit A (Ada County). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in Ada County 2. East: Commercial property, zoned RUT in Ada County 3. South: Single family homes in the Muir Woods Subdivision, zoned R -IB in Boise and Sutherland Farm Subdivision, zoned R-4. 4. West: Commercial property in the Silverstone Business Park, zoned C -G History of Previous None C. Utilities: L Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Overland Road and adjacent to the west in the Silverstone Campus Subdivision. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Overland Road and adjacent to the west in the Silverstone Campus Subdivision. c. Issues or concerns: None D. Physical Features: 1. Canals/Ditches Irrigation: Eight Mile Creek traverses through the central portion of the property and the Ridenbaugh Canal runs along the southern border of the property. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of the property lies within the flood plain. VII. COMPREHENSIVE PLAN 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). Earlier this year, the Comprehensive Plan future land use map was amended to MU -R along the Overland Road frontage of this property. As part of that application, a concept plan was submitted and approved. (See Exhibit A.6) Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 4 Exhibit A The applicant proposes to develop this site with a mix of residential uses (single family detached, attached and a gated age restricted community) consisting of 430 single-family residential structures. The structures will be a mix of attached and detached single-family residential homes. The project will have a gross density of 4.19 dwelling units per acre (d.u./acre) and a net density of 5.59 d.u./acre, which is consistent with the density desired in MDR designated areas. Staff is also requiring that the applicant include the approximately 11.56 acre portion along Overland Road as part of this annexation and preliminary plat. The subject property is designated as Mixed -Use Regional on the Comprehensive Plan Future Land Use Map. As mentioned abopve, the applicant has submitted a concept plan. The applicant shall provide a revised annexation boundary that includes the area along Overland Road prior to the City Council hearing. 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. In addition to those uses proposed ofr this site, the Silverstone Apartments (a multi family residential project) has been approved just to the north of this project along Overland Road. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 15.41 acres (or 15%) of qualified open space in accord with the requirements listed in UDC11-3G-3. • "Implement the City's Pathways Master Plan." (5.03.01 A) A segment of the City's multi -use pathway system is designated on the Master Pathways Plan on this site along the south side of the Eight Mile Creek. 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 11-3B-12. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The applicant proposes to connect to two (2) existing stub streets. Both stub streets are on the west side of the property, E. Copper Point Drive and E. Pewter Falls Street. • "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) The applicant will construct the 10 foot multi -use pathway along the south side of the Eight Mile Creek. The applicant is also proposing to connect the 10 foot multi use pathway to a proposed 5 foot wide attached sidewalk along N. Cloverdale Road. The applicant is also proposing 5 -foot attached internal sidewalks that will connect to the previously mentioned existing stub streets. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 5 Exhibit A • "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 W. Overland Road as well as two stub streets on the west boundary. • "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. Overland Road and S. Cloverdale Road in accord with the standards listed in UDC I1 -3B -7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC I1 -3D-5 and 11 -3A -7C respectively. • "Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services." (3.04.01H) Staff has coordinated with public works, police and fire 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 Eight Mile Creek open, to provide fencing as required by the UDC, to install landscaping, and construct the regional pathway. The applicant's request to leave the creek open requires approval by City Council. • "Ensure development provides safe routes and access to schools, parks and other community gathering places." (3.07.02N) The applicant has provided a school routes exhibit as part of this application. Staff believes that the applicant shall provide a temporary pathway along the Eight Mile Creek as well as a pedestrian bridge over the Ridenbaugh canal with the third phase of development. This will help facilitate students getting to the elementary school on the east side of Cloverdale Road. 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 A. Purpose Statement of Zones: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-8 and R-15 zoning districts. The proposed single-family development is listed as a permitted use in both the R-8 and R-15 zoning districts. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and UDC Table 11-2A-7 for the R-15 district applies to development of this site. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 6 Exhibit A D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Administrative Design Review: Single-family attached homes are required to apply for administrative design review prior to approval of a building permit. G. Parking: Age restricted homes with 2 or more bedrooms require 2 parking stalls, with at least one in an enclosed garage. Single-family homes require 2-4 bedrooms require 4 parking stalls, with two in an enclosed garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 102.69 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. The 11.56 acres of land not included in the original application shall be included in the annexation and shall be included as part of the preliminary plat. Ten (10) days prior to the City Council hearing, the applicant shall provide a revised legal description that includes the 11.56 acres of land not shown in the original application. The applicant proposes to develop 430 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. 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 (PP) A PP consisting of 430 building lots and 39 common lots and 9 other lots in the R-8 and R-15 zoning district is proposed on 102.69 acres of land for Movado Estates Subdivision. A phasing plan was submitted with this application and is included in Exhibit A.2. The phasing plat submitted with the application indicates that the pedestrian crossing over the Ridenbaugh Canal will happen with phase 6A. Staff feels that the construction of the pedestrian pathway over the Ridenbaugh Canal shall occur prior to phase 6. Students will need to be able to get out to Cloverdale Road and to the existing Hawk signal. The applicant has submitted a pedestrian pathways plan (Exhibit A.7) and staff feels that including the pedestrian bridge and temporary pathway along the Eight Mile Creek will facilitate moving students to the school. Staff recommends that the applicant rework the phasing plan in order to accommodate the pedestrian crossing with the third phase. The applicant shall include the 11.56 acre portion of the property in this annexation and include it as a lot in the preliminary plat. Staff feels that the zoning for the site shall be C -G to align with the concept plan that was approved with the Silverstone Apartments project. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 7 Exhibit A Existing Structures: There is an existing single-family home on this site. All existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 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. A minimum 35 -foot wide street buffer is required along E. Overland Road, a 25 -foot wide landscape buffer is required along S. Cloverdale Road; and a 20 -foot wide street buffer is required along S. Movado Way, a collector street. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C -3F. Staff has reviewed the proposed plat and with the exception of the south east corner of the property, has found it to be in compliance with the aforementioned standards. The south east corner of the property is encumbered on three sides by significant irrigation facilities (Eight Mile Creek and Ridenbaugh Canal). These facilities greatly limit the ability to break up long block lengths. The applicant has provided two (2) pathway common lots to help in alleviating the problem. Common Drives: There are five common driveways proposed. The applicant is proposing Lots 153, 154, 155, and 156 of Block 2, to take access from a common driveway, Lots 120, 121, and 122, Block 2 to take access from a separate common driveway, lots 15, 16, 17, 18 and 19, Block 6 from one common driveway, Lots 82 and 86, Block 2 and Lots 87 and 91, Block 2 shall take access from two separate common driveways respectively, and Lots 71, 72 and 73 shall take access from a common driveway and Lots 48, 49 and 50 shall take access from a common driveway. Per UDC -11 -6C -3D, common driveways shall serve a maximum of (6) dwelling unit. With the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. Two (2) of the common driveways included in the plat are also being used as emergency access for he fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These two (2) common driveways shall be striped and signed as "No Parking." Streets: The majority of the proposed streets depicted on the plat are public, with the exception of the streets through what the applicant is calling "The Village Cottages," an age -restricted community." These cottages will feature private streets with multiple common driveways. The homes are designed with shared common walls and abutting garages. With 105 residential home lots in The Village Cottages, the applicant has provided two gated entries for the residents, the main entrance off of the primary subdivisions Spine Road and a secondary on the west side with quick access to the existing Pewter Falls stub. The privates streets will be owned and operated by The Village Home Owners Association with repairs and maintenance paid for by association fees. Gates: The applicant is proposing to install two (2) gates to restrict vehicular movement to the private street to those who live within that area of the development. UDC 11-3F-4 allows gates to be installed, subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty (50) dwelling units. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 8 Exhibit A d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian pathways master plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet (50') back from the ultimate edge of right of way to the connecting public street. The applicant is requesting alternative compliance to allow for 105 homes on a private street, and also for a common driveway off of a private street. As noted in (C) above, code allows for up to fifty (50) dwelling units in a gated community and staff has interpreted this to allow for fifty (50 ) dwelling units per gate. The applicant has proposed two (2) gates for the community, so will be limited to (100) dwelling units imn the gated portion of the project. The applicant's request to have a common driveway off of a private street is approved by the Director. As part of the Silverstone Apartments application, the applicant was required to provide a secondary access to E. Pewter Falls Street. In order to ensure that this access point remains viable for both the future multi -family development and the age - restricted housing, the applicant shall make this section of road public. This public road section would then likely require a turn -around. Prior to the Commission hearing, the applicant shall revise the site plan to meet these requirements. Access: Access to streets must comply with the standards listed in UDC 11-3A-3. Three public street accesses are proposed for this development; one via E. Overland Road and two on the west side of the development ( E. Copper Pointe Way and E. Pewter Falls Street) both local streets, as shown on the plat. In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by combining and/or limiting access points. In accord with this requirement, (and as proposed by the applicant), staff recommends there not be a direct connection to S. Cloverdale Road. There are some significant challenges with providing a direct access. Though staff has not yet received a staff report from ACHD, in an email they have indicated that they are not requiring a direct vehicular connection to Cloverdale Road. Though neither ACHD or City staff are requiring a vehicular connection to Cloverdale Road, the pedestrian connection to Cloverdale Road is essential for providing access to the elementary school on the west side of Cloverdale Road. According to the phasing plan submitted by the applicant, the tpedestrian connection would not happen until the sixth phase. Depending on the timing of that phase, there could be upwards of 400 homes in the development before the pedestrian connection is constructed. The applicant shall revise the phasing plan to include the pedestrian connection in the third phase of the development. Stub Streets: There are 2 existing stub streets to this site; one via E. Pewter Falls Drive constructed with Silverstone Business Park, and one via E. Copper Pointe Way constructed with Sutherland Farm Subdivision. These stub streets are being extended with the subject project. No other stub streets are proposed or required with this development. Traffic Impact Study (TIS): ACHD required a TIS for this development. Though staff is awaiting a staff report from ACHD regarding this application, staff has received an email from ACHD's staff indicating that they do not have any concerns with the proposed road network. . Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 9 Exhibit A Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11- 2A-6 and 11-2A-7 as discussed above under Dimensional Standards. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11 -3B -7C. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the south side of the Eight Mile Creek. 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. There is an existing multi -use pathway that was created with the Sutherland Farm Subdivision. This pathway currently dead ends on the eastern property line of that subdivision and was not continued eastward through the Muir Woods Subdivision (Boise City). In order to continue this pathway through to Cloverdale Road, staff feels that the applicant should construct an additional portion of 10 -foot multi Use pathway that starts at the south east corner of the property and runs through the proposed subdivision and through the park located at Lot 1, Block 3 to connect with the proposed multi -use pathway on the south side of the Eight Mile Creek. Waterways: The Eight Mile Creek bisects the property. The Eight Mile Creek lies within a 60 - foot wide Nampa Meridian Irrigation District easement. 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 Eight Mile Creek and Ridenbaugh to remain open due to their large capacities. The applicant proposes to provide a bridge over the Eight Mile Creek for a vehicle/pedestrian crossing. The applicant also proposes to construct a pedestrian bridge across the Ridenbaugh Canal to facilitate pedestrian connection with the proposed sidewalk along S. Cloverdale Road. As mentioned above. This pedestrian connection should happen with the third phase to facilitate a "safe routes to school" crossing for the children. Fencing: The landscape plan proposes a variety of fence heights and materials. All of the proposed fencing shall comply with the requirements of UDC section UDC 11-3A-7. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the first phase of this development. A detached sidewalk shall be constructed along the entire frontage of S. Cloverdale Road with the applicable phase of development. Landscaping, Open Space and Amenities: The applicant is proposing 15.41 acres (15%) of open space for the development. The applicant is also proposing eight (8) amenities for the subdivision that include a clubhouse, a pool, two (2) separate play structure, a water feature, an outdoor fitness facility, a picnic area and two sections of a multi -use pathway. The applicant is also proposing pedestrian pathways throughout the development (See Exhibit A.4 below); several play fields and other non-qualified amenities. The proposed amenities appear to meet the requirements for common open space and site amenities set forth UDC 11-3G. The Village Cottages portion of the development is age restricted and will be for residents 55 years of Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 10 Exhibit A age and older. The clubhouse and open space provided for that portion of the project will be for the sole use of the residents within that gated portion. The residents who live within the gated portion of the development will however be able to use the open space and amenities in the overall development. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.5 Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents. The applicant has proposed three (3) distinct product types with the application One product type for the village cottages portiojn of the development, and two (2) other for both the R-15 and R-8 portion of the Movado portion of the project. Each product type uses similar materials, but varies in style. Staff is supportive of the proposed elevations. Because homes on lots that back up to S. Cloverdale 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.) Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 10/11/2016) 3. Landscape Plan (dated: 09/07/2016) 4. Pathways Plan 5. Conceptual Building Elevations 6. Conceptual Development Plan Approved with Silverstone Apartments 7. Pedestrian Pathways Plan B. Agency Comments/Conditions of Approval Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE I 1 Exhibit A 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 12 Exhibit A.1: Vicinity Map Vicinity Map Legend Area of Impact Parcels - Meridian .— --- - 'i J, ,1 xae _ r E Pewter FdiM r ECc Z o:17En - C -G .l Print Date- 5182016 Exhibit A 0 0.175 0.35 Miles -- Theinlwrruatiort s hownon this map's comp kd fram various and is subject to constant —hi— The Cdy ai b.,d,— makes no waaanty or guarantee as to the—tent, raq^, timeliness, a—pleteness of any of the data p—idd, and es s times no legeI responsbility fa the information a tain=_d an this map. Subject Property NfENt�f- Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 13 Exhibit A Exhibit A.2: Preliminary Plat (dated: 10/11/2016) MOVADO SUBDIVISION PRELIMINARY PLAT nouknwo-ame PROJECT sil J ^ L I G t �7gal oEa' `a .54 z S _ PM, e a �•eC2. Ni- NC �!E i rt ii o E 1' rte{ u Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 14 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 15 4 1 - - - - - - - - - - - - - --- t\� Jr 2-102 Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 15 Exhibit A Exhibit A.3: Landscape Plan (dated: 09/07/2016) ©o©© 80V90I09 � 0a®� o�i000�oi ENTRYFATEHOUSE ND MONUMENT \SPORTS FIELD AND W,AT�k FEATURE NAT RAL AT z , ■ 41' PATHW.AY ALONGPARKING iS OR F11 LD AN_ PEDESTRIAN HIVIY I 11D LJ �:. ■■■ Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 16 OVERLAND ROADZJ�Y %:4�• 'tL•T'•<;;•'•<L •«L^.,y L a.1 l.ee.,a � .i'�...,.� &'�'. .,;<� �e `t li§M AA AA AA D®gym 0�� 00 t► ti a - 4®m® 1 ` 1 1 Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 16 Exhibit A mem v��m Om�m v��m n m v ® NCICNN ,, mmm om�m I a�wl �` oaoeeeeee � ■ XIHOW r '�►W1 Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 17 Exhibit A 911mb-Im"Mm"Im = MOMME.R. �..m= o ===X=Mmw �� � -i :: ■ �:: r oee000eeo NA= Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 18 Exhibit A 0m�0 ©mmm �, mm0 am�m Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 19 Exhibit A Exhibit A.4: Pathways Plan Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 20 Exhibit A Exhibit A.5: Conceptual Building Elevations MOVADO Cottage collection Sycamore Hawthorn MOVADO Village collection Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 21 Exhibit A Magnolia Cypress MOVADO Village collection Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 22 Exhibit A Sycamore Hawthorn MOVADO Village collection Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 23 Exhibit A MOVADO SUBDIVISION STREETSCAPE J Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 24 Exhibit A Exhibit A.6 Conceptual Development Plan Approved with Silverstone Apartments ■■■ SILVERSTONE APARTMENTS #! E. OVENLUD RW47 MUM 10M YV AiE�1�iSRifCEn marc :.......................... u t auxnrr FeeF091k ......... tiS O.V: Ftrl � illl ea.Ei: rr�M eF FNM1Nra! 0Yr➢rC£ ............i6 i MrIYI rats................... t b IF r11HllRr 9�IR.............. at i [ ,[L-'. IR 1iWIIgeY PIAIi RF�1 :1 - bMfMlOr rer {r%1 1' U RZ s 1 WUM Boise City bRerrrlrr Mr ff rmrr Wm T Sm I, nEEgq�pSo��D uamEcrruaxa Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 25 Exhibit A B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. The 11.56 acres of land not included in the original application shall be included in the annexation and shall be included as part of the preliminary plat. Ten (10) days prior to the City Council hearing, the applicant shall provide a revised legal description that includes those 11.56 acres of land not shown in the original application. b. All existing structures on the property shall be removed prior to the City's Engineer's signature on the final plat. E Applicant shall construct the pedestrian crossing over the Ridenhaugh Canal with Phase 5A as shown on Phasing Plan dated 09/07/2016. phase of development and shall stibmit the revised eopy of the phasing p1m to sta at least ten (10) days prior- to City Couneil d. Two (2) of the common driveways included in the plat are also being used as emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These two (2) common driveways shall be striped and signed as "No Parking." seeeadai=y aeeess to E. Pewter- FaUs Street. In efder- to enstire that this aeeess point r-efflains viable for- both the f�dttir-e ffmiti fa"Iy development and the age r-estfieted housifig, the appheant shall make this seetion of read publie. The applicant shall construct an additional portion of 10 -foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Pathway on the south side of Eight Mile (Five Mile) Creek. an additional poi4ion of 10 feet multi Use pathway that stat4s at the south east eer-ner- of the pr-opei4y and rdas thfough the proposed subdivision and thr-ough the park loeated at Lot 1, Bloek 3 to eonneet with the proposed n:m1fi use pathway on the south side of the Eight Mile Creek. g. The applicant shall comply with the submitted home elevations attached in Exhibit A.5. The rear and/or side of structures that face E. Cloverdale Road (Lots 25-31, Block 2) shall Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 27 Exhibit A incorporate articulation through changes in two or more of the following: modulation (e.g. — projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single -story structures are exempt from this requirement. h. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for the Eight Mile Creek and Ridenbaugh Canal to remain open and not be piped due to the large capacity of their facilities. If a waiver is not obtained, the waterway is required to be piped. i. The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape buffer along S. Movado Way must be constructed with the first phase of development. j. Construct the entire landscape buffer along W. Overland Road, including replacing the existing gravel with vegetation in accord with UDC 11 -3B -7C; k. The applicant shall construct the entry gatehouse and monuments as proposed. 1.1.2 The preliminary plat, dated 10/11/2016, is approved with the following changes: a. With submission of the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access to a common driveway. b. Provide a Lot and Block number for all private streets included on the preliminary plat. c. 4A.4, the proposed development shall have no more than fifty (50)dwelling units. Staff has made an inter-pr-etaflon that fifty (50) residential units will be allowed PeF gate. The applieant has PFOPosed two (2) gates for- "The Village " o 100 units a allowed on the private street At least (10) days prior- to the City Couneil hearing, the plat shall be revised to meet this r-equir-em. The applicant shall be allowed to have 105 units within "The Village Cottages" portion of the subdivision, rather than the 100 that would otherwise be allowed by section 11 -3F -4A.4 of the UDC. d. The aei4Wsetith segment of roadway along the west betindar-y that eenneets E. Pewter- FaUs e. The private road shall meet the requirements of UDC 11-317-4 (see analysis above in section IX). f. The gate shall meet the requirements of UDC 11-3F-4 (see analysis above in section IX). g. 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. h. Direct lot access to S. Movado Way, S. Cloverdale Road, and W. Overland Road is prohibited. 1.1.3 The landscape plan included in Exhibit A.3, dated 09/07/2016, shall be revised as follows: The applicant shall construct an additional portion of 10 -foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 28 Exhibit A Pathway on the south side of Eight Mile (Five Mile) Creek. The Eight Mile Creek andaeeess to the �eeefd with UDC 11 3A 6B_. b. 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. c. Landscaping is required adjacent to the multi -use pathway along the south side of the Eight Mile Creek in accord with the standards listed in UDC 11 -3B -12C. If the Irrigation District will not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. d. A 35 foot wide landscape buffer is required along E. Overland Road and a 25 foot wide landscape buffer is required along S. Cloverdale Road. The landscape buffers shall be constructed in accord with UDC 11-3B-7. e. A segment of the City's multi -use pathway system is designated on the Master Pathways Plan on this site along the south side of the Eight Mile Creek. 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 11-313-12. 1.1.4 The final plat shall substantially comply with the approved preliminary plat in accord with the requirements listed in UDC 11 -6B -3C. 4-.� A minimum 5 -foot wide detached sidewalk shall be constructed along Cloverdale Road where none exists with phase 5A of the development and to coordinate with Nampa - Meridian Irrigation District and ACHD relocation of the Ridenbaugh Canal and Cloverdale Road improvements. n miniffmm 5 feet wide detaeked sidewalk shall be , nstf eted .,,,.,,g Q&ver-da4e Read where none e*ists with the third phase of "s development. 1.1.6 The shall provide at a minimum 15.41 acres (15%) of open space for the development, eight (8) amenities for the subdivision that include a clubhouse, a pool, two (2) separate play structure, a water feature, an outdoor fitness facility, a picnic area and two sections of a multi -use pathway. The applicant is also proposing pedestrian pathways throughout the development (See Exhibit A.4 below); several play fields and other non-qualified amenities. The proposed amenities appear to meet the requirements for common open space and site amenities set forth UDC 11-3G. 1.1.7 The architecture single-family attached portion of the development shall tie in with that of the single-family detached residential portion of the development in accord with the guidelines listed in the Meridian Architectural Standards Manual. 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 all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 29 Exhibit A 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, 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 -3F1. 1.3.3 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 has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 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 11-613-7. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 30 Exhibit A 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 Increase the size of the water main in Movado Way to a 12 -inch from Overland Road to Pewter Falls Drive. Increase the size of the water main in Copper Pointe Way to a 12 -inch from the west subdivision boundary to Hill's Place Avenue. Connect a water main from the Copper Point Way and Movado Avenue intersection through the common area to the Copper Pointe and Stolle Avenue intersection. Connect a water main through the private drive from the E. Pewter Falls and S. Hills Place Avenue intersection to the north subdivision boundary at the Silverstone Apartment project to the NW. 2.1.2 Applicant shall coordinate 24/7 access with the Meridian Public Works Department for the Village Cottages. This is critically important since this area will have gated private access. 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. 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. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 31 Exhibit A 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2. 10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All 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 Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 32 Exhibit A 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. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 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'/r" 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 41/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.3 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. 3.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible 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. 3.8 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 Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 33 Exhibit A 503.1.1. 3.9 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. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or rolson@republicservices.com to obtain approval of the dumpster locations on the single- family residential portion of the site. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT (ACRD COMMENTS FORTHCOMING) 7.1.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.2.1 STANDARD CONDITIONS OF APPROVAL Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 34 Exhibit A C. Legal Description and Exhibit Map for Proposed Annexation and Zoning 5awtovth Land 5urveying, LLC , vrc or, P: (208) 358-8104 F: (208) 398-8105 LlC 20,90 -9. Washmcjton Ave., Emmett, ID 8361 7 Legal Description Phase A Annexation Boundary August 26, 2016 BASIS OF BEARINGS for this legal description is South 891113'35" East, between the brass cap marking the N1/4 of Section 21 and the aluminum cap marking the northeast corner of Section 21, both in T. 3 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land located in the NE1/4 of Section 21, T. 3 N., R. 1 E_, B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the N1/4 corner of said Section 21; Thence South 01111'04" West, coincident with the west line of said NE1/4 of Section 21, a distance of 1946.24 feet to the POINT OF BEGINNING; Thence South 89048'56" East, 334.00 feet; Thence North 0°11'04" East, parallel with said west line of the NE1/4 of Section 21, a distance of 144.00 feet; Thence South 89148'56" East, 40.00 feet; Thence North 0°11'04" East, parallel with said west line of the NE1/4 of Section 21, a distance of 240.64 feet to the centerline of the Five Mile Canal; Thence coincident with the centerline of said Five Mile Canal the following courses and distances: Thence South 35058'42" East, 58.55 feet to the beginning of a tangent curve; Thence 72.60 feet along the arc of said curve to the left, with a central angle of 41035'47", a radius of 100.00 feet, subtended by a chord bearing South 56046'36" East, 71.02 feet; Thence South 77134'29" East, 200.64 feet to the beginning of a tangent curve; Thence 112.46 feet along the arc of said curve to the right, with a central angle of 321,13'00", a radius of 200.00 feet, subtended by a chord bearing South 61027'59° East, 110.98 feet; Thence South 45°21'29" East, 78.42 feet to the beginning of a tangent curve; Thence 199.25 feet along the arc of said curve to the left, with a central angle of 57004'56", a radius of 200.00 feet, subtended by a chord bearing South 73053'57" East, 191.12 feet; R: 20,15115071-CMG-BIENAPFL COMM UNITY1Drawings\DescriptionslPHASF A ANNEXATION BOUNDARY .docx Page 11 Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 35 Exhibit A Thence North 77033'34" East, 109.40 feet to the beginning of a tangent curve; Thence 166.58 feet along the arc of said curve to the right, with a central angle of 47043'16", a radius of 200.00 feet, subtended by a chord bearing South 78034'47" East, 161.81 feet; Thence South 54°43'09" East, 232.80 feet to the beginning of a tangent curve; Thence 247.11 feet along the arc of said curve to the left, with a central angle of 76°31'50", a radius of 185.00 feet, subtended by a chord bearing North 87100'56" East, 229.14 feet; Thence North 48045'01" East, 202.35 feet to the beginning of a tangent curve; Thence 100.03 feet along the arc of said curve to the right, with a central angle of 45050'58", a radius of 125.00 feet, subtended by a chord bearing North 71040'30" East, 97.38 feet; Thence South 85°24'01" East, 171.21 feet to the beginning of a tangent curve; Thence 53.25 feet along the arc of said curve to the right, with a central angle of 24024'23", a radius of 12.5.00 feet, subtended by a chord bearing South 73111'50" East, 52.84 feet; Thence South 60059'38" East, 85.77 feet; Thence South 601146'33" East, 232.89 feet; Thence South 63004'43° East, 192.92 feet to the beginning of a tangent curve; Thence 27.80 feet along the arc of said curve to the right, with a central angle of 63042'37", a radius of 25.00 feet, subtended by a chord bearing South 31013'24" East, 26.39 feet; Thence leaving said centerline of the Five Mile Canal, South 89022'06" East, 44.00 feet to the east line of said NE1A of Section 21; Thence South 0037'54" West, coincident with said east line of the NE114 of Section 21, a distance of 582.24 feet; Thence North 89°08'00" West, 209.88 feet to the centerline of the Ridenbaugh Canal; Thence coincident with the centerline of said Ridenbaugh Canal the following courses and distances: Thence South 39051'57" West, 253.25 feet; Thence South 65°04'09" West, 100.00 feet; Thence North 84°03'21" West, 1035.19 feet; Thence South 89028'30" West, 187.09 feet; Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 36 Exhibit A Thence leaving said centerline of the Ridenbaugh Canal, South 0155'40" West, 20.23 feet; Thence North 89110'02" West, 976.57 feet to the west line of the SE114 of said Section 21; Thence North 0112'27" East, coincident with said west line of the SE1/4 of Section 21, a distance of 174.05 feet to the southwest corner of said NE114 of Section 21; Thence North 0°11'04" East, coincident with said west line of the NE114 of Section 21, a distance of 710.87 feet to the POINT OF BEGINNING. The above described parcel contains 58.64 acres more or less. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 37 A Cg Exhibit A r �w YOR 5� d, �w 0a- 0, 'c+41' GHQ 'goad x LU WK LL U MOP a? O � LU V) U) M N Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 38 Exhibit A Ahak Sawtooth Land Surveying, LLC P: (208) 398-5104 F: (208) 395-8105 44Z 2030 5. Washington Ave., Emmett, ID 53617 Legal Description Phase B Annexation Boundary August 26, 2016 BASIS OF BEARINGS for this legal description is South 89113'35" East, between the brass cap marking the N1/4 of Section 21 and the aluminum cap marking the northeast corner of Section 21, both in T. 3 N., R. 1 E., B.M_, Ada County, Idaho.. A parcel of land located in the NE114 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a brass cap marking the N1f4 comer of said Section 21; Thence South 0°11'04" West, coincident with the west line of said NE1/4 of Section 21, a distance of 892.93 feet to the POINT OF BEGINNING; Thence South 891113'117" East, 703.00 feet; Thence North 0111'04" East, parallel with said west line of the NE114 of Section 21, a distance of 98.74 feet; Thence South 89013'17" East, 819.77 feet to the westerly bank of the Ridenbaugh Canal; Thence coincident with said westerly bank of the Ridenbaugh Canal the following courses and distances: Thence South 7°22'14" East, 69.14 feet; Thence South 7021'57" East, 173.00 feet; Thence South 27106'57" East, 100.00 feet; Thence South 45021'57" East, 550.00 feet; Thence South 54006'57° East, 822.94 feet to the east line of said NE114 of Section 21; Thence leaving said westerly bank of the Ridenbaugh Canal, South 01,37'54" West, coincident with said east line of the NE1 A of Section 21, a distance of 102.23 feet; Thence North 891122'06" West, 44.00 feet to the centerline of the Five Mile Canal and the beginning of a non -tangent curve; Thence coincident with the Centerline of the Five Mile Canal the following courses and Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 39 Exhibit A distances: Thence 27.80 feet along the arc of said curve to the left, with a central angle of 63042'37", a radius of 25.00 feet, subtended by a chord bearing North 31113'24" West, 26.39 feet; Thence North 63004'43" West, 192.92 feet; Thence North 60146'33" West, 232.89 feet; Thence North 60059'38" West, 85.77 feet to the beginning of a tangent curve; Thence 53.25 feet along the arc of said curve to the left, with a central angle of 241124'23", a radius of 125.00 feet, subtended by a chord bearing North 73111'50" West, 52.84 feet; Thence North 85°24'01" West, 171.21 feet to the beginning of a tangent curve; Thence 100.03 feet along the arc of said curve to the left, with a central angle of 45150'58", a radius of 125.00 feet, subtended by a chord bearing South 71°40'30" West, 97.38 feet; Thence South 48°45'01" West, 202.35 feet to the beginning of a tangent curve; Thence 247.11 feet along the arc of said curve to the right, with a central angle of 76031'50", a radius of 185.00 feet, subtended by a chord bearing South 87°00'56" West, 229.14 feet; Thence North 541143'09" West, 232.80 feet to the beginning of a tangent curve; Thence 166.58'feet along the arc of said curve to the left, with a central angle of 47043'16", a radius of 200.00, subtended by a chord bearing North 78034'47" West, 161.81 feet; Thence South 77133'34" West, 109.40 feet to the beginning of a tangent curve; Thence 199.25 feet along the arc of said curve to the right, with a central angle of 57004'56", a radius of 200.00 feet, subtended by a chord bearing North 73°53'57" West, 191.12 feet; Thence North 451121'29" West, 78.42 feet to the beginning of a tangent curve; Thence 112.46 feet along the arc of said curve to the left, with a central angle of 32013'00", a radius of 200.00, subtended by a chord bearing North 61027'59" West, 110.98 feet; Thence North 77134'29" West, 200.64 feet to the beginning of a tangent curve; Thence 72.60 feet along the arc of said curve to the right, with a central angle of 41"35'47", a radius of 100.00 feet, subtended by a chord bearing North 56146'36" West, 71.02 feet; Thence North 35058'42" West, 58.55 feet; Thence leaving said centerline of the Five Mile Canal, South 0°11'04" West, parallel with said west line of the NE11/4 of Section 21, a distance of 240.64 feet; Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 40 Exhibit A Thence North 89048'56" West, 40.00 feet; Thence South 0°11'04" West, parallel with said west line of the NE114 of Section 21, a distance of 144.00 feet; Thence North 89048'56" West, 334.00 feet to the westerly line of said NE1/4 of Section 21; Thence North 01111'04" East, coincident with said west line of the NE1/4 of Section 21, a distance of 1053.31 feet to the POINT OF BEGINNING. The above described parcel contains 44.05 acres more or less. °5 �NIL LA `G E. N End Description t'Ikir Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 41 2m6oEstates Subdivision AZ, PP (H-2016-0112) GES . �.__. r«. _. m , A ! q a//` m 01»0 \/ § } .}6 2 f . § k " , §k %3 2 A &§ \ H- \ \ ] a % § k §\ ¥ / w\ § 2 « \\\ km _� ^ \ !J |) . \ � ƒ >-10m@ PROS. � . C) % X T93 COM3© ) + - / �7\ \ J30 e�� �. , r \§\(§( % _o�k�) � «. 2m6oEstates Subdivision AZ, PP (H-2016-0112) GES Exhibit A 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 with the R-8 and R-15 zoning districts is consistent with the proposed MDR 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 R-8 and R-15 zoning districts is consistent with the purpose statement of the 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 considers any oral or written testimony that may be 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). Per the above findings, Council finds the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and complies with all recommended DA provisions in Exhibit B. 2. PRELIMINARY PLAT: 1. 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 with 430 building lots, 39 common lots and 9 other lots is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 43 Exhibit A b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, 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 relies upon comments from the public service providers (i.e., Police, Fire, ACHD, 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. ACHD considers road safety issues in their analysis. The Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. PRIVATE STREET: In order to approve the application, the director shall find the following: a. The design of the private street meets the requirements of this article; Council finds that that the design of the private street meets the requirements of the UDC . b. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and Council finds that the private street would not cause damage, hazard, or nuisance or other detriment to persons, property, or uses in the vicinity. c. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds that the use and location of the private street will not conflict with the comprehensive plan or regional transportation plan. d. The proposed residential development (if applicable) is a mew or gated development. Council finds that the proposed development is a gated community. Exhibit A 4. ALTERNATIVE COMPLIANCE FINDINGS: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City's private street standards. The private street standards are set forth in UDC 11-3F. The applicant is requesting to allow a common driveway off of a private street, which the UDC specifically disallows, as well as to have 105 units on a gated private street rather than the 100 that is allowed per the UDC. With the blessing of the Fire Department, staff believes that the proposed development can accommodate the common driveways off of a private street. Staff does not feel, however, that increasing the number of homes on a gated private street provides an equal or meeting of the requirements of the UDC. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative for the common driveway off of a private street will not be detrimental to the public welfare or impair the use/character of the surrounding properties. The Director finds that the proposed 105 units inside a gated, private street will be detrimental to the public welfare and impair the use/character of the surrounding properties. Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5H PROJECT NUMBER: H-2016-0120 ITEM TITLE: Black Cat and Chinden Findings of Fact, Conclusions of Law for Black Cat and Chinden Annexation (H-2016-0120) by Pine Street LLC, Located at 6280 N. Black Cat Road MEETING NOTES �✓i APPROVEO 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 �E IDIZ IAN,- �J In the Matter of the Request for Annexation and Zoning of 3.51 acres of land from RUT in Ada County to the L -O zoning district located at 6280 N. Black Cat Road, in the NW 1/4 of Section 27, Township 4N., Range 1W, by Pine Street, LLC. Case No(s). H-2016-0120 For the City Council Hearing Date of: December 20, 2016 (Findings on January 3, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 20, 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 of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 -1- 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 October 18, 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 an L -O zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of December 20, 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 11-513-31)). 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 11-513-317). 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 December 20, 2016 By action of the City Council at its regular meeting held on the day of , 2016. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 -2- 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 MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: C. Jay doles City Clerk Mayor Tai y Weerd GOapORATE�q Iyu/' r m � o VOTED VOTED % VOTED VOTED Y&t VOTED " VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: ac �R— Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0120 -3- Exhibit A STAFF REPORT Hearing Date: December 20, 2016 C� fIEN DIAN %= TO: Mayor and City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0120 — Black Cat and Chinden—AZ 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Pine Street, LLC has submitted an application for annexation and zoning (AZ) of 3.51 acres of land with an L -O zoning district for Black Cat and Chinden Annexation. 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 November 17, 2016. At the public hearing, the Commission moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Jerrod Wallgren ii. In opposition: None iii. Commenting: Jerrod Wallgren iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: L When to remove the house and whether to require the home to connect to citv utilities for a short period of time, or to let them stay on septic and well until the property develops. c. Key Commission Changes) to Staff Recommendation: i. Modify condition 1.1.1k, as follows: The single family home shall be removed prior to issuance of the first certificate of zoning compliance for the site. d. Outstanding Issue(s) for City Council: L None The Meridian City Council heard this item on December 20, 2016. At the public hearings, the Council moved to approve the AZ and PP requests. a. Summary of City Council Public Hearing: L In favor: Jarrod Wallgren ii. In opposition: Lee Coulson. Vern Williams. Terrell Williams. Jason Attinger iii. Commenting: Dale Eldridge. Vern Williams. Terrell Williams. Jason Attinger. iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Caleb Hood b. Key Issues of Discussion by Council: Black Cat and Chinden — AZ (H-2016-0120) PAGE 1 Exhibit A i. Whether to allow the existing home to remain until a CZC is approved, and the process for doing so. km 9 !T41 00 0170 MI 11117121 Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0120 as presented in staff report for the hearing date of November 17, 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-2016-0036 as presented in staff report for the hearing date of November 17, 2016 for the following reasons: (You should state specific reason(s) for denial.) Continuance I move to continue File Numbers H-2016-0120 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: The site is located at 6280 N. Black Cat Road, in the NW I/4 of Section 27, Township 4N., Range 1W. b. Owner/Applicant: Pine Street, LLC 420 E. Elm Street Caldwell, ID 83605 c. Representative: Jerrod Wallgren, JGT Architecture 1212 12t' Avenue South Nampa, ID 83651 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 31 and November 14, 2016 (P&Z) November 28 and December 12, 2016 (Council) c. Radius notices mailed to properties within 300 feet on: October 27, 2016 (P&Z) November 21, 2016 (Council) d. Applicant posted notice on site by: November 7, 2016 (P&Z) December 5, 2016 (Council) 6. LAND USE a. Existing Land Use(s): The subject property is zoned RUT in Ada County and is developed with a single-family home. Black Cat and Chinden — AZ (H-2016-0120) PAGE 2 Exhibit A b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: 1. North: W. Chinden Blvd., and Tree Farm Property, Zoned C -C 2. East: Vacant property (The recently approved Trilogy Subdivision), zoned R-8 3. South: Bainbridge Subdivision and Rambo Subdivision, Zoned R-8 4. West: N. Black Cat Road and Single-family homes zoned RUT. c. History of Previous Actions: None d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main currently exists in N. Black Cat Road, and a new sewer main is proposed to the south in Ramblin Court. Location of water: A water main currently exists in N. Black Cat Road, and a new water main is proposed to the south in Ramblin Court. Issues or concerns: Even though mains currently exist in N. Black Cat Road, it is the city's preference that services for the proposed project come from the proposed mains in Ramblin Court if they exist at the time of development. e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities traverse the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. At the discretion of City Council, areas with a residential comprehensive plan designation may request an office use if the property only has frontage on an arterial street or section line road and is three acres or less in size. The subject property has limited access to local streets and is located on the corner of two arterial roadways. Staff is not in favor of direct access either to W. Chinden or N. Black Cat Road, and because the local street within the proposed Trilogy Subdivision has not been constructed, the only vehicular access to the property is from W. Ramblin Court. Staff is in favor of allowing office uses on the subject property, subject to the conditions in Exhibit B. The following Comprehensive Plan policies apply to this application: 1. "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 readily available to serve the proposed development in accord with UDC 11-3A-21. 2. "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) Staff is supportive of the proposed pedestrian connections to the future sidewalk along N. Black Cat, W. Ramblin Court and W. Chinden Blvd; however, staff recommends that the applicant provide a pedestrian connection to the proposed future adjacent subdivision by providing a stub sidewalk to the east property line. Black Cat and Chinden — AZ (H-2016-0120) PAGE 3 Exhibit A 3. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The applicant is proposing L -O zoning for the subject parcel. Staff finds that with a development agreement provision that ties the applicant to the submitted conceptual plan and limits the uses allowed within the L -O zoning district, that the subject development is consistent with the surrounding development to the east. 4. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (3.03.03C) One stub streets has been proposed to connect with the previously approved Trilogy Subdivision. This property has been proposed to be developed in a manner similar to the subject parcel. 6. `Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L). The applicant has coordinated with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is 140 feet. The submitted plans depict the 60 feet of additional (100 feet total from centerline) ROW. "Require landscape street buffers for new development along all entryway corridors. (2.01.02E) A 35 foot wide landscape buffer will be required along Chinden Boulevard, designated entryway corridors. These landscape buffers must be developed in accord with the standards listed in UDC 11 -3B -7C Landscape Buffers along Streets. 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 recommended provisions of the prosed development agreement in Exhibit B. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the L -O district is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the L -O zoning district. The proposed professional or medical office is a principally permitted use in the L -O zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed L -O 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 11-2B-3. E. Off -Street Parking: UDC 11 -3C -6B requires 1 space for every 500 square feet of gross floor area. F. Structure and Site Design Standards: Development of this site must comply with the design Black Cat and Chinden — AZ (H-2016-0120) PAGE 4 Exhibit A standards in accord with UDC 11-3A-19 and the guidelines listed in the City of Meridian Architectural Standards Manual. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: 1. ANNEXATION AND ZONING: The applicant requests annexation and zoning of 3.51 acres of land with an L -O zoning district. 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 is proposing to take access from W. Ramblin Court and to the future N. Exeter Avenue. Site Plan: A site plan was submitted, included in Exhibit A.2 that depicts two 12,000 s.f office buildings. 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. Parking: Per UDC 11 -3C -6B.1, in commercial districts, one off-street parking space is required per 500 square feet of gross floor area. Based on the total square footage of the offices, forty- eight (48) parking space are 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 two bicycle. Existing Structure(s): There is an existing home and associated outbuildings on the site that will be removed as part of this development. State Highways: Chinden Boulevard is a state highway. UDC 11 -3H -4B prohibits access to state highways at locations other than at section line roads, or at the 1/2 mile between sections. A note should be placed on the face of the plat prohibiting direct lot access to Chinden Boulevard. The applicant should dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion (100 -feet from centerline proposed). The applicant should construct a 10 -foot wide pathway along Chinden Boulevard (see UDC 11 -3H -4C.3). Ramblin Court and (Future) N. Exeter Avenue: A public street is proposed as the sole access to serve the commercial development. In addition, the applicant will be required to construct a landscape buffer and sidewalk along the east side of the property along the future N. Exeter Avenue. Once the subdivision to the east develops, alternative access onto Black Cat Road will be provided for the commercial development. Dimensional Standards: The future development shall comply with the applicable standards listed in UDC Table 11-2B-3 for the L -O zoning district. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing Black Cat and Chinden — AZ (H-2016-0120) PAGE 5 Exhibit A 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Landscape Buffer along Chinden Boulevard: Chinden Boulevard, adjacent to the property, is classified as an Entryway Corridor on the Future Land Use Map, and requires a 35 -foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35 -foot wide landscape buffer along Chinden Boulevard, located outside of the future 100 foot right-of-way for the highway. There is approximately 55 additional feet that will be improved with grass, until ITD purchases it for the widening of Chinden Boulevard. This proposal meets the 35 foot minimum landscape buffer requirement and accommodates the 55 feet of additional area needed by ITD for future roadway expansion.) Landscape buffers in accord with UDC 11-213-3 are required along Ramblin Court, Black Cat and Exeter Avenue. Tree Mitigation: There are large trees on the site which the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. Existing Structures: -The site currently contains multiple buildings. All buildings should be removed or relocated, prior to issuance of the first certificate of occupancy. Sidewalk: UDC 11 -3A -17D requires sidewalks on both sides of public streets. Ramblin Court is currently improved with pavement only. The sidewalk on the north side of W. Ramblin Court is to be constructed as part of the Trilogy Subdivision. The applicant shows a sidewalk connection from Chinden Boulevard into the site. All sidewalks shall be constructed in accordance with UDC 11-3A-17. Additionally, the concept plan does not show a 5 -foot sidewalk along N. Black Cat. The concept plan shall be modified to reflect that requirement. Multi -Use Pathway: A 10 -foot wide multi -use pathway is required to be constructed on this site along Chinden Boulevard (SH 20/26) within a public use easement in accord with UDC 11 -3H - 4C.4. Building Elevations: Elevations were submitted with the subject application. Staff is supportive of the proposed mix of building materials (lap siding and stucco). Commercial buildings are required to obtain design review approval. In general staff is supportive of the building design submitted with the application. Future buildings constructed within the subdivision must comply with the elevations attached in Exhibit A.4 below. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the commercial structures. 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 stafffinds 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 Black Cat and Chinden — AZ (H-2016-0120) PAGE 6 Exhibit A 1. Vicinity Map 2. Proposed Concept Plan/Elevations (dated: 09/20/16) 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 8. Boise Project Board of Control C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Black Cat and Chinden — AZ (H-2016-0120) PAGE 7 Exhibit A A. Drawings 1. Vicinity/Zoning Map Black Cat and Chinden — AZ (H-2016-0120) PAGE 20 Exhibit A 2. Proposed Concept Plan/Elevations NOT APPROVED (dated: 9/20/16) 1 . BUIIAING CgICFPT UESIGM BUCK GATW FUTURE ROAD rl MA Black Cat and Chinden — AZ (H-2016-0120) PAGE 21 Exhibit A 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. Access to Chinden Boulevard and Black Cat shall be prohibited for this site. Access shall be provided from Ramblin Court and N. Exeter Drive as proposed. b. The applicant shall dedicate the necessary right-of-way for both Chinden Boulevard and Black Cat with the development of this property. c. 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. d. Development of this property shall substantially comply with the concept plan and elevations included in Exhibit A.2 and shall be limited to uses allowed within the L -O zoning district. e. Construct a minimum 35 -foot wide landscape buffer along N. Black Cat Road and Chinden Boulevard and a 10 -foot wide landscape buffer adjacent to Ramblin Court and Exeter Drive. The landscape buffers shall be landscaped in accord with the standards listed in UDC 11-3B- 5 and 11 -3B -7C. f. All landscape and frontage improvement associated with the site including a 10 -foot wide multi -use pathway along the north boundary of this site within the landscape buffer along W. Chinden Boulevard. g. With submission of a certificate of zoning compliance, the landscape plan shall show the required landscape buffers in accord with UDC 11-2B-3. Landscape buffers are required along Ramblin Court, Black Cat and Exeter Avenue. h. The concept plan does not show a 5 -foot sidewalk along N. Black Cat. The concept plan shall be modified to reflect that requirement. i. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of development. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved for the proposed use and site design (parking, landscaping, paving, etc.) prior to issuance of building permits. k. The single family home shall be removed prior to issuance of the first certificate of zoning compliance for the site. Black Cat and Chinden — AZ (H-2016-0120) PAGE 22 Exhibit A 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Even though water and sewer mains currently exist in N. Black Cat Road, it is the city's preference that services for this project come from the proposed mains in Ramblin Court that are to be installed with the Trilogy Development, if they exist at the time of development. 2.2 GENERAL CONDITIONS OF APPROVAL 2.2.1 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. 2.2.2 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. 2.2.3 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed 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. 2.2.4 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. 2.2.5 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. 2.2.6 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. 2.2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.8 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.9 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.10 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. Black Cat and Chinden — AZ (H-2016-0120) PAGE 23 Exhibit A 2.2.11 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.12 At the completion of the project, the applicant shall be responsible to submit record drawings for any new public infrastructure 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. 2.2.13 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. 2.2.14 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 public sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 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 Construct a 10 -foot multi -use pathway adjacent to Chinden Boulevard. At such time that the multi- use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 5.2 A pedestrian easement for the multi -use pathway shall be recorded prior to City Engineer's signature on the final plat. 6. REPUBLIC SERVICES 6.1 Republic Services did not provide comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT (ACRD COMMENTS FORTHCOMING) 7.2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.2.2 STANDARD CONDITIONS OF APPROVAL Black Cat and Chinden — AZ (H-2016-0120) PAGE 24 Exhibit A C. Legal Description and Exhibit Map Project No. 16-276 October 17, 2016 ANNEXATION DESCRIPTION FOR 6280 N. BLACK CAT ROAD A parcel of land being Lot 1, Block 1 of Rambo Subdivision as filed in Book 63 of Plats at Pages 6368 and 6369, records of Ada County, Idaho and a portion of the NW 114 of the NW 114 of Section 27, all located in the NW 114 of the NW 114 of Section 27, TAN., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the NW corner of said Section 27 from which the N114 corner of said Section 27 bears South 89°19'07" East, 2647.12 feet; thence along the North boundary line of said Section 27 South 89°19'07" East, 237.20 feet; thence along the East boundary line of said Lot 1 and the northerly extension thereof South 00°29'10" West, 644.70 feet to the SE corner of said Lot 1; thence along the South boundary line of said Lot 1 and the westerly extension thereof North 89°34'25" West, 237.20 feet to a point on the West boundary line of said Section 27; thence along said West boundary line North 0029'10" East, 645.76 feet to the POINT OF BEGINNING. Containing 3.51 acres, more or less. Page 1 of 1 Black Cat and Chinden — AZ (H-2016-0120) PAGE 25 Exhibit A 21 22BASIS OF BEARING _S89'19'07"E 2647.12'_ 22 28 27 N89'19'07"W 237.20'- W. CHINDEN ROAD- - 27 - f � I 1 I I I J LOT 1, BL00K 1 RAMBO SUBDIVISION I n�I 6280 N. BLACK CAT ROAD III U W I+I II C� Y pl r. J:V +rip Q7 Z z I o N Id ' I I I N I '(IV 1 I I I I I I I I N89'34'25"W 237.20' � Np a � I 7729 ,'jo 1 25 1 oc sao G, rrQ t 0 50 200 SCALE: 1 " = 100' -.isa -v i a.����e?eo ®�xcn cnr x znri a w r i w.n %:ma s. io s ara JOB No - IDAHO ANNEXATION EXHIBIT DRAWING FOR 16-776 ff SUIT1450 E.WATERT0Y4ERST. �+2UV nl. �I A!^I! SAT RC3AD SURVEY BIATE,30 VL V N LACK SHEEY Nn. MERI07AN, IDAHO 83642 l GROUPp ' I P.C.(2061996.8570 - DWG. DATE , �LOCATED 4 THE ., 1/4 OF NW COUNTY, , I SECTION 27, T.4N., R.1 W., B.M., ADA COIFNTY, IDAHO 1016/2016 Black Cat and Chinden - AZ (H-2016-0120) PAGE 26 Exhibit A 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 with the L -O zone is consistent with the proposed MDR 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 L -O zoning district is consistent with the purpose statement of the commercial 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. 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). Per the above findings, Council finds the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and complies with all recommended DA provisions in Exhibit B. Black Cat and Chinden — AZ (H-2016-0120) PAGE 27 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 51 PROJECT NUMBER: H-2016-0090 ITEM TITLE: 43 North Subdivision Findings of Fact, Conclusions of Law for 43 North Subdivision (H-2016-0090) by KGA Development, LLC, Located at 1318 NE 4th Street MEETING NOTES A PPHN V E Ua 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 �E IDIZ IAN,- �J In the Matter of the Request for a Preliminary Plat consisting of twenty one (21) building lots and four (4) common lots on 1.81 Acres of Land with an R-15 Zoning District, for the Property located at 1318 NE 4t" Street, in the NW t/4 of Section 7, Township 3 North, Range 1 East, by KGA Development, LLC. Case No(s). H-2016-0090 For the City Council Hearing Date of: December 20, 2016 (Findings on January 5th, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 20, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 20, 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-2016-0090 -1- 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 December 20, 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 December 20, 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 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 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. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0090 -2- 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 December 20, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0090 -3- By ction of the City Council at its regular meeting held on the '. aol % COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER 3 day of 5 C - A/ VOTED VOTED VOTED VOTED VOTED Yet COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T y de Weerd Attest: Z�n C. Jay � les �p 17 City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: �V 1 - Dated City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0090 -4- Exhibit A STAFF REPORT Hearing Date: December 20, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: 43 - North Subdivision — H-2016-0090 L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST WE R IDIAI�T-- ,.HO The applicant, KGA Development, LLC, has submitted an application for a preliminary plat (PP) consisting of twenty-one (2 1) building lots and four (4) common lots in the R-15 zoning district for 43 -North Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. Planning & Zoning Commission heard this item on November 17, 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: Sabrina Durtschi ii. In opposition: Lucille Leavell iii. Commenting: Lucille Leavell, Tuck Ewing iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: L Lack of open space due to the acreage of the site being below the 5 acre threshold. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: L None The Meridian City Council heard this item on December 20, 2016. At the public hearings, the Council moved to approve the PP request. a. Summary of City Council Public Hearing: L In favor: Sabrina Durtschi ii. In opposition: None iii. Commenting: Tuck Ewing 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. Whether it is the aDDlicant's resuonsibility to Dav for and construct utilitv stubs to adiacent properties when 4th Street is constructed. 43 - North Subdivision H-2016-0090 PAGE 1 Exhibit A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0090, 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 recommend denial to the City Council of File Number H-2016-0090, as presented during the hearing on November 15, 2016, for the following reasons: (Add any proposed modifications). Continuance I move to continue File Number H-2016-0090 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 1318 NE 4t' Street, in the NW 1/4 of Section 7, Township 3 North, Range 1 East. B. Owner/Applicant: KGA Development, Inc. 3843 Daisy Creek Street Meridian, ID 83642 C. Representative: Sabrina Durtschi, Briggs Engineering 1800 W. Overland Road Meridian, ID 83705 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a preliminary plat and alternative compliance. A public hearing is required before the Planning & Zoning Commission and City Council on this matter and alternative compliance requires Director Approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 19 and October 3, 2016 (Commission); November 28 and December 12, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: September 19, 2016 (Commission); November 21, 2016 (Council) D. Applicant posted notice on site(s) on: September 26, 2016 (Commission); December 8, 2016 Council VI. LAND USE A. Existing Land Use(s) and Zoning: The property consists of single-family homes zoned R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 43 - North Subdivision H-2016-0090 PAGE 2 Exhibit A 1. North: Multi -family residential properties in Creekside Arbour Apartments, zoned R-15 and Elm Grove Mobile Home Park, zoned R-8. 2. East: Multi -family residential properties in Creekside Arbour Apartments, zoned R-15 3. South: Multi -family residential properties in Miramont Apartments, zoned R-15 4. West: Vacant and single-family residential property zoned R-8 and R-15. C. History of Previous Actions: 1. In 2000, the property was rezoned from R-8 and R-15 to entirely R-15 (RZ-00-001, Ordinance #865). D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water mains adjacent to the proposed development. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of this project lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated High -Density Residential (HDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. HDR designated areas allow for the development of multi -family homes in areas where urban services are provided. Residential gross densities may exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings, townhouses, and other multi -unit structures. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The building elevations submitted by the applicant show a mixture of materials as well as building modulation along NE 4t' Street. The applicant proposes to develop the property with twenty-one (2 1) single-family attached dwellings at a gross density of 11.29 dwelling units per acre (d.u./acre). Staff finds the density proposed by the applicant with the preliminary plat is generally consistent with the HDR designation set forth in the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B, Page 56) 43 - North Subdivision H-2016-0090 PAGE 3 Exhibit A 2. If approved, the proposed single-family attached dwellings would contribute to the variety of housing types available within the City, consistent with the surrounding residential developments. "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A Page 55) The plat as designed provides no useable open space (none is required), except the private patios and the limited landscaping along the street and the rear of the units. Since the site is less than 5 acres in size, the UDC does not require qualifying open space or site amenities to be incorporated into the project. 3. "Require common area in all subdivisions." (3.07.02F Page 55) The proposed plat does not depict any common areas. 4. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C Page 55) The preliminary plat shows a five foot sidewalk that would connect the proposed development to the Creekside Arbour Apartments to the north as well as a sidewalk along the proposed NE 4th Street extension. 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 Page 45) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. 6. "Provide housing options close to employment and shopping centers." (3.07.02D) Because of its location in close proximity to employment and shopping centers along Fairview Avenue and Main Street, this property is ideal for providing higher density housing options. 7. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C) The applicant is proposing to construct a 5 foot sidewalk along NE 4`h Street as well as along the proposed common driveways in order to provide pedestrian access to all of the proposed lots. 8. "Use the Design Manual." (3.07.02E) The architectural elevations provided by the applicant appear to meet the standards set forth for residential properties. The applicant included a variety of materials, architectural features and colors as well as to modulate the building from Ne 4th Street in order to enhance the design of the project. 9. "Encourage infill development." (3.01.02B) The subject property is surrounded by property that has been developed with single family and multi family residential. This property has been under -developed for many years and is near downtown which makes it a good candidate for quality infill redevelopment. Staff believes the plat and housing units as designed provide enough variation to demonstrate individual identity as desired by the Comprehensive Plan. 10. "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." 43 - North Subdivision H-2016-0090 PAGE 4 Exhibit A Staff reviews the design of attached single-family homes. The applicant has provided variation in building design, and has provided modulation in building distance from the proposed NE 4th Street. Based on the above analysis, staff finds that the proposed development is consistent with the Comprehensive Plan and recommends approval. VIIL 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- high density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family attached dwellings is principally permitted use in the R -I5 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-7 for the R-15 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Single-family attached homes are subject to design review. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Preliminary Plat: The proposed plat consists of twenty-two (2 1) building lots and four (4) common lot on 1.813 acres of land in the R-15 zoning district (see Exhibit A.2). The gross density for the subdivision is 11.29 d.u./acre. The average lot size is 2,658 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Common Driveways: The applicant is proposing two (2) common driveways in this project. All common 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. 43 - North Subdivision H-2016-0090 PAGE 5 Exhibit A Alternative Compliance: The applicant is seeking approval of an alternative compliance request to section 11-6C-3 of the UDC. This specific section relates to common driveways, and the applicant has made the following requests: 1. To allow for a five foot sidewalk instead of a five foot landscape buffer to any lots that do not take access to a common driveway. Staff is supportive of the proposed sidewalk along the common driveway instead of the 5 foot landscape buffer. The applicant shall place the five foot sidewalk within the common driveway lot. Existing Structures: There are several existing structures on the site that will be demolished as part of this project. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-7 for the R-15 district and. Staff has reviewed the proposed plat and found it to be in compliance with the R-15 dimensional standards. Block Length: The plat is required to comply with the block length standards listed in UDC 1I - 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Access: Vehicular access is proposed for this site via one access to East Badley Avenue and on to NE 4th Street by way of a 22 -foot common lot. As proposed ten of the lots have direct lot access to NE. 4th Street. Since this is a local roadway, UDC does not prohibit access to either of these roadways. Streets: The proposed NE 4th Street depicted on the plat is a public street. A total of 50 -feet of right-of-way is proposed for NE 4th Street, which the applicant is proposing to construct half plus twelve. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct a 5 -foot wide attached sidewalk along NE 4th Street. Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11 -3A -6B and 1I - 3A -7. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. The applicant is proposing to use City's domestic water as irrigation, however as noted in UDC 11 -3A -15.C, the applicant has not provided a waiver of requirements from the irrigation district of proof that they do not have water rights. Use of the City's domestic water as irrigation shall be a last option in providing irrigation water to a proposed development. Building Elevations: The applicant is proposing attached single-family homes. The applicant has submitted conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of shingle siding, lap siding and architectural shingles with stone accents. The elevations provided by the applicant appear to meet the standards set forth in UDC 11-3A-19 or the standards set forth in the City of Meridian Architectural Standards Manual for residential properties. 43 - North Subdivision H-2016-0090 PAGE 6 Exhibit A Administrative Design Review (DES): A DES application is required to be submitted prior to issuance of building permits for the single family attached homes. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In accord with the Findings contained in Exhibit C, Staff recommends approval of the proposed preliminary plat request for this site. Staff has included comments and recommended conditions from other City departments in Exhibit B of this report. E:m*14 1, 111.1 MK" A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 10/28/16) 3. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code 43 - North Subdivision H-2016-0090 PAGE 7 Exhibit A A. Drawings 1. Vicinity Map Vicinity Map a O ` `Mies teaiA�g.a "EB e�+dialh��,ark; arwtp-i mw-fygLegend W mftwm }Ft*wt xnt eA !■■ R -S IUKA M -A ''r- LS it I'MAkR M N ft WW. Oj im pC, {0614F14R11 } YWS 1�.t L7Fit1# - }RDi I}9R 9r�IWN1. p 1i F M' lRj 9r 04 wF ■ !1K'f] P0e4w VW mp'-ft *e W me l" IM t `$ k'1 ���%'�V:ei o .�_�a �.—._ •a.. n5s-..rxn G4�hFMS4n Bw rn.^ �.� �eFiii�r.r �..��sw..war.: ���..�w.lti.Y>•{���.: �..��. +� � � �al�� I tnt ut� Laa+mo- i �rnmrn R -a4 R mt v " O'i " C-itrdon !---3...----'-� 1¢i e5 j - - Ave*rr - {.. F FUmb, 4 C Oc NrrF mti�ctxr�`: +®mor rAtlru %20 utisi2s lasml !•Ged c�°14++t - �, 'P MArAn Mimsrb wfii.t:'lh rs; Avg L74 RD" - VeGLtix wtlgp T ,.. � +� E s7sKux;°N, k' Dmrkrr St k 'tT .• � `sJIFL k R Pi 4�4 L.- 4I {_ �'.C` �` 1 C W11, F., l&lL5' aFat#.� hNGs#Ae'k4ryA6�F j j". f ! steuss' N 4x.'.4t 'C 9I 4 L ltrU qBk 'r {t=Y cil;m4'et L TUE. M hraokElrr. ..p �l�limL06L a Tl itcb ' + t' O*Dfd -&-OLUNJ,, f 4bTC4R_>�_,..,.._� .M aY tM a ' � w 'NG m Am 43 - North Subdivision H-2016-0090 PAGE 9 Exhibit A 2. Proposed Preliminary Plat (dated: 10/28/16) -- _m - ° L➢ IJ LLLI - 1 ------------------------ _ -.-. ."'. I - 1• �j 43 - North Subdivision H-2016-0090 PAGE 10 Exhibit A 3. Conceptual Building Elevations (NOT APPROVED) 43 - North Subdivision H-2016-0090 PAGE 13 Exhibit A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (RZ-00-001, Ordinance #865). 1.1.2 The preliminary plat included in Exhibit A.2, dated 10/28/16, shall be revised as follows: a. 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. b. Staff is supportive of the proposed sidewalk along the common driveway instead of the 5 foot landscape buffer. The applicant shall place the five foot sidewalk within the common driveway lot as proposed. 1.1.3 The applicant shall include a note on the final plat that indicates that 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. 1.1.4 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 variations along NE 4b Street for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 1.1.3 Per UDC 11-513-5132, the Director approved the applicant's request for alternative compliance to the common driveway standards listed in UDC 11 -6C -3D per the site plan included in Exhibit A.2. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to connect to the existing water main located in E. Badley Avenue, and the main located within NE 4t'' Street, thereby looping the water system into all available locations. 2.1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 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 43 - North Subdivision H-2016-0090 PAGE 14 Exhibit A 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 the City Engineers signatures on the final plat. 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 structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 43 - North Subdivision H-2016-0090 PAGE 15 Exhibit A 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. 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 did not provide comments on this application. 4. FIRE DEPARTMENT 3.1 The Fire Department did not provide comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application 43 - North Subdivision H-2016-0090 PAGE 16 Exhibit A 6. PARKS DEPARTMENT 6.1 Parks Department has no comments 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct NE 4th Street as %2 of a 33 -36 -foot street section plus 12 -feet of additional pavement widening beyond the centerline to include construction of a 3 -foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff on the unimproved side. Provide written fire department approval for any street section less than 36 -feet wide. 7.1.2 Improve NE 4th Street with vertical curb, gutter, 5 -foot wide attached concrete sidewalk, and dedicate 20 -feet of right-of-way from the centerline of NE 4th Street extending 2 -feet behind the back edge of the sidewalk. 7.1.3 Improve Bradley Street with vertical curb, gutter, and 5 -foot wide attached concrete sidewalks. 7.1.4 Construct a 25 -foot wide curb cut type driveway onto NE 4th Street located on the south property line. 7.1.5 Pave the driveway its full width and at least 30 -feet into the site beyond the edge of NE 4th Street abutting the site. 7.1.6 Construct a 20 -foot wide curb cut type driveway onto Bradley Avenue located approximately 108—feet east of NE 4th Street (measured centerline -to -centerline). 7.1.7 Pave the driveway its full width and at least 30 -feet into the site beyond the edge of Bradley Avenue abutting the site. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 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 43 - North Subdivision H-2016-0090 PAGE 17 Exhibit A applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of 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. 43 - North Subdivision H-2016-0090 PAGE 18 Exhibit A C. Required Findings from Unified Development Code 1. 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 substantial compliance with the adopted and proposed Comprehensive Plan in regard to design 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; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, 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 considers comments from the public service providers (i.e., Police, Fire, ACHD, 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. ACHD considers road safety issues in their analysis. Council considers any public testimony that may be presented to them when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Commission is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considered any public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Commission is unaware. 2. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR 43 - North Subdivision H-2016-0090 PAGE 19 Exhibit A The Director finds that strict adherence to the common driveway standards is feasible given the ability to design the project to meet those requirements. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City's common driveway standards. UDC 11 -6C -3D.5 requires that any lot that abuts a common driveway either provide vehicular access to the common driveway, or provide a 5 foot landscape buffer. The applicant is proposing to provide a 5 foot sidewalk in place of the landscape buffer in order to provide pedestrian access to the lots on the common driveway. Therefore, the Director finds that five foot sidewalk along the common driveway as proposed by the applicant provides an equal means for complying with the common driveway standards set forth in UDC 11-6C. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative to the common driveway standards will not be detrimental to the public welfare or impair the use/character of the surrounding properties. 43 - North Subdivision H-2016-0090 PAGE 20 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5J PROJECT NUMBER: H-2016-0119 ITEM TITLE: Wahooz-Roaring Springs Amended Development Agreement for Interstate Center-Wahooz-Roaring Springs (H-2016-0119) with BlackMor, LLC and BowDen Properties generally located near the NW corner of W. Overland Road and S. Meridian Road, in the South 1/2 of Section 13, Township 3N., Range 1 W 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 ADA COUNTY RECORDER Christopher D. Rich 2017-001444 BOISE IDAHO Pgs=47 LISA BATT 01/06/2017 09:49 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. Black Mor, LLC, and BowDen Properties, LLC THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 18 day of Tex e—t 20 1 � (the "Effective Date"), by and between City of Meridian, a municipal corporation of the State of Idaho ("City"), and Black Mor, LLC, an Idaho limited liability company ("Black Mor"), and BowDen Properties, LLC, an Idaho limited liability company ("BowDen"). Black Mor and BowDen are sometimes individually or collectively referred to herein as "Owner/Developer." A. On May 30, 1997, City and Winston H. Moore and Diane L. Moore, collectively, the original owner/ developer, entered into that certain Development Agreement, recorded on June 5, 1997 as Instrument No. 97044085, official records of Ada County, Idaho (the "Original Development Agreement") on real property more particularly described in the Original Development Agreement. B. Upon recordation of this Agreement, the Original Development Agreement shall be null and void and of no further force or effect for the subject Property, defined below. C. Owner/Developer is currently the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, attached hereto and made a part hereof, (the "Property"). D. I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that Owner/Developer make a written commitment concerning the use or development of the Property. E. Owner/Developer's predecessor in interest submitted an application for annexation and zoning of the Property, requesting a designation of C -G, (General Retail and Service Commercial District) under City's Unified Development Code (' UDC"). F. City has exercised its statutory authority by the enactment of Section I 1-513-3 of the UDC, which authorizes development agreements upon the annexation and/or re -zoning of land. G. Owner/Developer submitted an application for modification of the Original Development Agreement. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - I H. Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the Property will be developed. I. Owner/Developer deems it to be in Owner/Developer's 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. City requires 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. K. City Council, the 6th day of December, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), attached hereto as Exhibit B and made a part hereof. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. SCHEDULE OF EXHIBITS: The following exhibits are incorporated herein: Exhibit A: Legal Description of the Property Exhibit B: City Council Findings approved December 6, 2016 Exhibit C: Conceptual Development Plan Exhibit D: Signs Plan 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Black Mor, LLC, whose address is 400 W. Overland Road, Meridian, Idaho 83642, and Bowden Properties, LLC, whose address is 400 W. Overland Road, Meridian, Idaho 83642, collectively, the party that owns and is developing the Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A. 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. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 2 4.1 Uses. 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 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 a part hereof (the "Conceptual Development Plan"); and the signs substantially similar to the signs depicted on Exhibit D attached hereto and made a part here of (the "Signs Plan"). Notwithstanding anything to the contrary herein or the UDC, outdoor arts, entertainment or recreational facility or facilities may be located within fifty feet (50') of the exterior Property boundary. 4.2 Change in Uses. No change in the Uses specified in this Agreement shall be allowed without modification of this Agreement. All Uses are deemed to be permitted uses and are not subject to the need for a conditional use permit. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 5.1 Development Conditions. Owner/Developer shall develop the Property in accordance with the following special conditions: Development of this Property shall be generally consistent with the Conceptual Development Plan. 2. All future Uses shall not involve uses, activities, 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. 3. The hours of operation for the Property are 24 hours per day of the week. 4. Subject to Sections 4.1 and 4.2 regarding Uses, and this Section 5. 1, all future development of the Property shall comply with City of Meridian ordinances in effect at the time of application for development. 5. The landscape buffer along the north property boundary adjacent to Interstate 1-84 shall be twenty (20) feet. The Landscape buffer along the north property boundary adjacent to existing C -G zoned property shall comply with the requirements of the C -G zoning district. The landscape buffer along the east property boundary shall be twenty-five (25) feet. The landscape buffer along Overland road shall be thirty-five (35) feet. 6. Owner/Developer shall comply with the Signs Plan attached as Exhibit D. 7. Owner/Developer shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian Architectural Standards Manual, prior to all new construction on the Property. 8. Owner/Developer shall be responsible to obtain a Certificate of Zoning AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 3 Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian Design Manual, prior to all new construction on the Property. 9. Owner/Developer shall be responsible for all costs associated with sewer and water service installation. 10. Access points to/from the Property are limited to those shown on the Conceptual Development Plan, unless otherwise restricted/approved by ACRD. 11. The landscape buffers (35 feet of landscaping along Overland Road, 25 feet along the east boundary of the proposed expansion, which includes 5 feet of landscape and a 20 -foot gravel road 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). 6. DEFAULT: 6.1 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. 6.2 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. Owner/Developer reserves all rights to contest whether a default has occurred. No provision in this Agreement can be modified or amended without the approval of the City Council after City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment to zoning in force at the time of the proposed modification or amendment. 6.3 Enforcement. 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 performance of the covenants, agreements, conditions, and obligations contained herein. 6.4 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. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 4 6.5 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. 6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the adoption of this Agreement by the City Council. 7. SURETY OF PERFORMANCE: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide. 8. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no Certificates of Occupancy will be issued for any building site or parcel until all improvements related thereto, required under this Agreement have been installed, completed, and accepted by City. Owner/Developer may develop each parcel or building site as a separate phase or in phases. 9. ABIDE BY ALL CITY ORDINANCES: Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 10. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 With a copy to: City Attorney City of Meridian 33 E. Broadway Avenue, Suite 308 Meridian, ID 83642 3I',K 1 . Black Mor, LLC c/o Patrick Morandi 400 W. Overland Road Meridian, ID 83642 BowDen Properties, LLC c/o Patrick Morandi 400 W. Overland Road Meridian, ID 83642 With a copy to: Spink Butler, LLP Attn: JoAnn C. Butler 251 E. Front Street, Suite 200 Boise, ID 83702 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 5 11. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. 12. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 13. 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 Owner/Developer and 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, determines that Owner/Developer has fully performed Owner/Developer's obligations under this Agreement. 14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 15. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parties (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceedings. 16. 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. 17. 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, oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 6 IN 'WITNESS WHEREOF, the parties have herein executed this Amended and Restated Development Agreement and made it effective as of the Effective Date. BOWDEN: BOWDEN PROPERTIES, LLC, an Idaho limited liability company By: q)c�j Z, M a�r/v"`-- Patrick E. Morandi, Manager BLACKMOR: BLACK MOR, LLC, an Idaho limited liability company By: Rt A , �' ► " I c-, C�- Patrick E. Morandi, Member CITY OF MEREDL&NoRATEQq� ATTEST: Bye I w May amrnyyl eerd m A� l/ AMO AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 7 City Clerk STATE OF IDAHO ) ss: County of Ada, ) On this 2t� day of ce.. 20 ( (�, before me, the undersigned, a Notary Public in and for said State, personally appeared Patrick E. Morandi, known or identified to me to be the Manager of BowDen Properties, LLC and acknowledged to me that he executed the same on behalf of said Company. y,�yyerF�6tre % �1'iiiI) %HEREOF, I have hereunto set my hand and affixed my official seal the day and year i�r►'t�iis °°�rti�t'te°€t°skb►1.10 written. i =(SELL) -'�481.V0 y °4 °° 11► STA'I�Q s5: County of Ada, ) No a Public for Idaho ++ LL Residing at: -1A 1 �C+ t (� l0 ti , Q /i 4 My Commission Expires: C - c),3 U On this 2 e day of _ V0e c, S ,-,e , 20f 6 , before me, the undersigned, a Notary Public in and for said State, personally appeared Patrick E. Morandi, known or identified to me to be a Member of BlackMor, LLC and acknowledged to me that he executed the same on behalf of said Company. IN WIN , HEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ce t written. nwle°..1010 %s0 i • • 4 � a1 1e Va (SE)� fdop Notary Public for Idaho Residing at: My Commission Expires: -,3 bpi d I� ��►+°o eee � O *' 111.11/11. 0' STATE" 0i AQF ' for:40 ,� ss County of Ada ) a Ykay &f personally appeared On this of ��0�-n lA , �Tfrbefore me, a Notary Public, p y pp Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS W have hereunto set my hand and affixed my official seal the day and year in this certificate first ve wrA60 (SEAL) 0 1 ��.r; Notary Public for Idaho �� ��ErJ, Residing at: W` • `.n �, �; Commission expires: —�—v�– AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 8 I FC;FN n EXHIBIT A - - BoundaryLine PLAT O F NOTES Initial Point, Found 2"x36' Galvanized Pipe with Right -of -Way Line Aluminum Cap, Accepted and Used as Initial Point INTERSTATE CENTER 1. Building setback dimensions in this subdivision shall conform to the applicable - - Section Line Found Brass or Aluminum Cap (as noted) zoning regulations of the City of Meridian, Ada County, Idaho, in effect at the Lot Line • Set 5/8"x30" Rebar with Plastic Cap A SUBDIVISION time of issuance of a building permit. - - - - - - - Sanitary Sewer Easement • Set 1/2"x24" Rebar with Plastic Cap A PORTION OF THE SE 1/4, SECTION 13, T.3N., RAW., B. M., 2. This subdivision is subject to compliance with the Idaho Code Section 8"x30Rebar " CITY OF MERIDIAN, ADA COUNTY, IDAHO 31-3805, concerning irrigation water. --------------- Ten Mile Creek Easement to IID o Found 5 / J 3. Access to the subdivision is restricted to the two (2) private roads and the -------- Kennedy Lateral/Irrigation Easement 9 Found Right -of -Way Monument 1997 two (2) designated shared driveways (on Lots 25/26 and Lots 27/28, Block 1) - - - - Public Utilities & Ingress -Egress Easement - Property Corner, Not Set l from West Overland Road; otherwise, lot access to West Overland Road 100 50 0 100 200 300 is prohibited. Shared Access Easement Witness Corner, Set 1/2"x24" 4. The bottom elevation of building footings shall be set a minimum of 12 - - - Flood Plain Zone Delineation Line Rebar with Plastic Cap inches above the highest known seasonal ground water elevation. ease - INTERSTATE: SCALE IN FEET 5. A ten (10) foot wide permanent public utilities, drainage, and irrigation ease - ATE 84 NOV84JE LpT g ment is designated along the subdivision boundary and alongnew private S 89'33'35" E 385.48'20.2J' SEE DETAIL g g y 6 S 85-44'441#E road easement, unless otherwise dimensioned. S 85'44'44" E 5 59.84' 572' S 46'46'12" E 6. Lots 1, 15 and 16, Block 1 are hereby designated as having a permanent S 89'33'35" E 384.84' 6 34.20 easement for public utilities, street lights, irrigation and drainage over the 20.00' 189.77' i 215.53' T� ten (10) feet adjacent to West Overland Road. This easement shall not O - - - - _ ^/ preclude the construction of shared hard -surfaced driveways and/or walkways N � � ` l�J/ c FULL CONTROL OF ACCESS LINE OF I-84 C j f10' IRRIGATION ��� TT S 6�` PROPERTY LINE to Lots 25/26 and Lots 27/28, Block 1. C� II EASEMENT ��\� \ 18 DEQ 1'4 , C 7. A clear vision sight triangle is designated at all street intersections. Within Cq N I� 20' SANITARY SEWER EASEMENT ��\\ X988. 3SQ`S��RFE EXISTING SANITARY SEWER EASEMENT FOR THE this triangle, no obstruction higher than 36 inches above the top of pavement cv I ( FOR THE CITY OF MERIDIAN N �s�, s E CITY OF MERIDIAN, INSTRUMENT N0. 9049399 will be allowed, including landscaping, berms, fences, walls or shrubs. W O II 15' NAMPA-MERIDIAN IRRIGATION \��\ssr�?7;� �'c //� 8. That portion of any lot lying within the boundary of the three (3) indicated CV II DISTRICT EASEMENT \ ��� s���?, a 16 O T�R private roads is subject to a reciprocal ingress -egress easement for vehicular X88 S j` access in favor of all other lots. In the event of dedication of such roadway to io M '� I \ S % the public, each lot owner will cooperate, as needed to effect such dedication. rn r I BLOCK 1 p \,,? sQy • 84 9. Lot 16, Lots 25/26 and 27/28, Block 1 are subject to reciprocal cross access g 17.75 o Z 5 w I 7 =`' 9 \?`\s��g 3;34F N 45'33'43" E easements at the indicated access points for shared access to West Overland Road. FD. DAMAGED CONCRETE MOUNUMENT 10. Lots 1, 6, 15 and 16, Block 1 are landscape lots to be owned and maintained Z � rn M \�\ \ �` OUT OF POSITION, DID NOT USE by the Interstate Center Owner's Association, or its assigns. ;� II ,i r w ��\ S 11. Any resubdivision of this plat shall comply with the applicable zoning 0 o I i o ^ \\ \ `� R6'• regulations in effect at the time of the resubdivision. 11 o z M 10 \\ \ �� �8• 12. The owner of each lot across which passes an irrigation /drainage ditch or N z �I \� \; \ �6+, pipe, is responsible for the maintenance thereof unless such responsibility is L,-5' IRRIGATION o \ ti`��\ assumed by an irrigation /drainage district. 00 �I EASEMENT 0 .�, �j \\3,`\ 13. All lots located in a flood plain shall comply with the City of Meridian N II z �q ordinances applicable to flood plains. N M� 14, Lot 8, Block 1 -is an irrigation pump station lot to be owned and maintained W I� 20 JOINT EASEMENT FOR SANITARY �� ^� .O� \\\ \ by the Nampa Meridian Irrigation District. SEWER TO THE CITY OF MERIDIAN O „�O ry"O \ �\ 7) ` C' 13 18 AND FOR IRRIGATION TO THE NAMPA- !� ^'� EXISTING EASEMENT \\ ��� UJ I II MERIDIAN IRRIGATION DISTRICT RECIPROCAL & 1/4 CORNER II INGRESS -EGRESS " FOR TEN MILE CREEK \ \ ` .10.00' W.C. I - - - -687.17_ - J0.00' WC. EASEMENT - 90.00' W.C. _ `�q \ 56 cle FOUND BRASS CAP / 15.97 J INSTRUMENT N0. 558566 \ \ \ \ 9 Q 00 N 89'46'23" W ��� 576.36' N 89'46'23" W 215.00' 256.20' 11 \\\ 1C.P.&F. NO. 8426283 W Z in 326.36' 50.00' w.c. 190.00' 140.00' 140.00' 170.00' 97.17' C8 � ,10.02' W.c. Ui W - - - W. - KING - - -SAL ON- - LANE i- ►'� Z Q G�� 30.00' W. C. 30.00' W. C. 68717' J0.00' W. C J0.00' W. C. J1.03' W.C. q �� \ � c 'So4j0� ` � ' �, Q � N r, r cV 6 J M PUBLIC UTILITIES & -� W \.9 C6+ \ I 0 m AL Z N 4 NEGRIESSCEGRESS 0o Z �`� w w w w w \' I it Z I �? EASEMENT I O QI r r, r, r ° C� rn Z o Z w .- J >_ O O O O I� I �n x 00 M ►7 M M iN J0.02' W.C. I Q >- 3 aI 23 00 ►� 22 0o M 21 00 ►� 20 00' ^►~� 19 q -,''� �X `S ' ` � ° . o = Q" C0 T 00 r oo r o0 r N O Q I W z \ 12 o 3 UJ m M 325.48' N O N O N O N O C'4 00 o N 89'46'23" W JOOO' w.c. I z z z z Z 18 \\ ��� BLOCK 1 ` �- •`° W _= I" O O M I o W 0 \ a Z00 Z I R I Q o N I Q, 337.86' I N W m w 3 I o 190.00' 140.00' 140.00' 170.00' 170.00' 226.50' J Jo.25' w.c. N 89'46'23" W I 114 D H Jo.00'W.c. N 89'46'23" W N 89'46'23" W Jo.07'W.c. r I MR. SANDMAN p 10 Z I O SUBDIVISION 0 � 90' J0' ILOBLOCK 1 W BLOCK 1 l o o l 13 o N v CY)o o Ui 326.18' J0. 00, w.c. w � N 89'46'23" W r J I w w w w w I N o I T M M m O _W I^ I r0III JO'r, I' wJ0' O 333.1 3 24 �25 26 27 28 I0 Ui U Ui Ui J0.00' Wc o b to c0 ca co W N 89'46,23 W I M- R -. SANDMAN NO No N O N O O O U SUBDIVISION NO . 2 Cd 26 o Z o 0 0 o O Q A l2 Z Z Z Z z naQP 14 C) 3I� W O I I VISION TRIANGLE m O* I 0l a ILn I VISION TRIANGLE I O I PUBLIC UTILITIES & RECIPROCAL of VISION TRIANGLE co KENNEDY LATERAL SHARED ACCESS SHARED ACCESS (n INGRESS -EGRESS EASEMENT '- Z EASEMENT FOR LOTS 25/26 FOR LOTS 27/28 Z 'iINI Z Z N N 89'46'23" W 30.00' w.c. Ui 90.00' w. c. N 89'46'23" W 1s BLOCK 1 15 BLOCK 1 90.00' w.c. N 89'46'23" W M 328.85' I I 190.00' \ 140.00' J_ I 140.00' 1- / ' 7. 7' Joao c. I FOUNDALUMINUMCAP M M 01 ------------------- - - - --- 1 14 9J 170.00 170.00 22 1 f VISION TRIANGLE 331.14 -- --- 140.00 - --_ ----- o'- $KENNEDY LATERAL g 77J71' fo' ° R -2o' (rYP.) o 10' X10► $ $ SECTION CORNER Z 329.35' 16 R�4 1037.17 R=2o' (TYP.) 16 h N 330.64'15 FOUND BRASS CAP 25.76 20 20 0 20' 20' C.P.&F. NO. 9018195 -----------------------.----------------------------------- Ni ;�, $ 20.00 3 509.87 329.82' 469.76' _ _ WEST OVERLAND ROAD _ 567.41' _ _ 330.00' 25.00' - - N 89'46'23" W 412.04' - 1 3 18.- 1/16 8 - - - - - - - - - - - - 4 N 89'46'23" W 1 /16 CORNER 1696.99' 24 19 1 4 CORNER CURVE TABLE SANITARY RESTRICTIONS S 01.02'27" W �OZiAL LArVd� / CURVE DELTA RADIUS ARC CHORD TANGENT CHORD BRG 45.00 g5 ,w,GG1STE� G,�, C.P.&F. N0. 8725205 31 97 256 12 252 38 131 95 S 63.27' 24" E DETAIL SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE TITLE 50 CHAPTER 13 HAVE BEEN �► �V a�+7 �'. 9 1 2 33 58 15 90' 00' 00" 4 270.00 424.12 381.84 270.00 N 44'46- 23" W s 85' 44' 44" E 1 1 PARTIALLY SATISFIED AND ARE LIFTED FOR LOTS 2, 3, 4, 5, 23 AND 24, BLOCK 1. 3 3' 49' 21 " 300.00 20.01 20.01 10.01 N 01* 41' 04" W 4 3' 50' 23" 300.00 20.10 20.10 10.06 N 05' 30' 56" W 55.28 S 5 24' 13'38" 300.00 126.85 125.91 64.39 N 19.32' 57" W o r '6' SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE TITLE 50, CHAPTER 13, HAVE NOT 6 29' 09' 16" 300.00 152.65 151.01 78.02 N 46' 14' 24" w LOT 6 N '�' BEEN SATISFIED AND ARE IN FORCE FOR LOTS 7, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 7 28' 57' 22" " 300.00 151.61 150.01 77.46 N 75' 17' 42" W N LOT 8?F, 22, 25, 26, 27 AND 28, BLOCK 1. 8 14' 03' 01 300.00 73.57 73.38 36.97 N 82' 44' 53" W 9 90,00,00" 330.00 518.36 466.69 330.00 N 44' 46' 23" W N 85' 44' 44" 10 44. 24' 55" 20.00 15.50 15.12 8.16 S 67' 33' 56" E � �� W� o' NO OWNER SHALL CONSTRUCT ANY BUILDING, DWELLING OR SHEL`�R WHICH NECESSITATES 11 , 178' 49 50" 44' 24' 55" 50.00 20.00 156.06 15.50 99.99 15.12 4899.49 S 45' 13 37 W 8.16 N 21 ' 58' 51 " W w LOT 7 ' N 85' 44' 44" IN 80.36' THE SUPPLYING OF WATER OR SEWAGE FACILITIES rFbR PER3(�NS ; G SUCH PREMISES UNTIL 12 13 90,00,00" 20.00 31.42 28.28 20.00 S 45 13' 37" W M LOT 9 SANITARY RESTRICTION REQUIREMENTS ARE SATSFII;D AND LIFAD-. '1it 14 7' 39' 44" 300.00 40.12 40.09 20.09 N 03' 36' 16" W 15 68' 17' 15" 300.00 357.55 336.76 203.45 N 41 ' 34' 45" W 16 12' 43' 42" 431.97 95.96 95.77 48.18 S 74' 04' 41 " E $��/, : �� 17 21 ' 14' 33" 431.97 160.15 159.24 81.01 S 57' 05' 33" E Z N N. T. S. _ -. --- � y - /,� J _- 1� 0112 CENTRAL DI�TRICT HEALTI'� TMENT WINSTON H. MOORE BRIGGS ENGINEERING, INC. Developer Consulting Engineers Boise, Idaho Boise, Idaho SHEET 1 OF 2 #950615 \INTR-PLT. MEM 07/10/97 CERTIFICATE OF OWNERS KNOW ALL MEN BY THESE PRESENTS: THAT DESERT WEST PROPERTIES, LLC, A LIMITED LIABILTY COMPANY AND WINSTON H. MOORE, AN INDIVIDUAL, DO HEREBY CERTIFY THAT THEY ARE THE OWNERS OF THE REAL PROPERTY AS DESCRIBED BELOW AND IT IS THEIR INTENTION TO INCLUDE SAID REAL PROPERTY IN THIS SUBDIVISION PLAT. THE OWNERS ALSO HEREBY CERTIFY THAT THIS PLAT COMPLIES WITH IDAHO CODE 50-1334, (2). ALL LOTS IN THIS SUBDIVISION WILL RECEIVE DOMESTIC WATER FROM AN EXISTING WATER SYSTEM AND THE CITY OF MERIDIAN HAS AGREED IN WRITING TO SERVE THE LOTS IN THIS SUBDIVISION. A PORTION OF THE SE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE N 89'46'23" W 412.04 FEET ALONG THE SOUTH LINE OF SAID SECTION 13 TO THE SOUTHWEST CORNER OF MR. SANDMAN SUBDIVISION NO.2; THENCE N 01'02'27" E 45.00 FEET TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 1, MR. SANDMAN SUBDIVISION NO.2, THE INITIAL POINT OF THIS SUBDIVISION; THENCE S 01'02'27" W 45.00 FEET TO A POINT ON SAID SOUTH SECTION LINE; THENCE N 89'46'23" W 1696.99 FEET ALONG SAID SECTION LINE TO A POINT; THENCE N 00'31'11" E 19.24 FEET TO A POINT; THENCE N 01'03'11" E 340.95 FEET TO A POINT; THENCE N 00'13'37" W 229.32 FEET TO A POINT; THENCE N 00'3859" E 228.87 FEET TO A POINT; THENCE N 0119'50" W 21.81 FEET TO A POINT; THENCE N 00'31'11" E 292.20 FEET M A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF' INTERSTATE 84; THENCE S 89'33'35" E 385.48 FEET ALONG SAID RIGHT-OF-WAY TO A POINT; THENCE S 85'44'44" E 459.84 FEET ALONG SAID RIGHT-OF-WAY TO A POINT; THENCE S 46'46'12" E 34.20 FEET TO A POINT; THENCE S 67'45'31" E 350.76 FEET TO A POINT; THENCE S 6010'33" E 194.73 FEET TO A POINT; THENCE N 45'33'43" E 17.75 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE 84; THENCE S 46'28'17" E 134.62 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF CURVATURE; THENCE ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE LEFT 256.12 FEET, SAID CURVE HAVING A RADIUS OF 431.97 FEET, A CENTRAL ANGLE OF 33'58'15", TANGENTS OF 131.95 FEET, AND A CHORD OF 252.38 FEET WHICH BEARS S 63'27'24" E TO THE NORTHWEST CORNER OF MR. SANDMAN SUBDIVISION; THENCE S 01'02'27" W 610.94 FEET TO THE INITIAL POINT OF THIS SUBDIVISION, CONTAINING 39.07 ACRES, MORE OR LESS. THE PUBLIC STREETS SHOWN ON THIS PLAT ARE HEREBY DEDICATED TO THE PUBLIC AND THE PRIVATE ROADS AND EASEMENTS INDICATED ON SAID PLAT ARE NOT DEDICATED TO THE PUBLIC, BUT THE RIGHT TO USE SAID PRIVATE ROADS AND EASEMENTS IS HEREBY RESERVED FOR PUBLIC UTILITIES AND FOR ANY OTHER USES AS DESIGNATED HEREON AND NO PERMANENT STRUCTURES ARE TO BE ERECTED WITHIN THE LINES OF SAID PRIVATE ROADS OR EASEMENTS. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS DAY OF _ �-- ___, 19 1� DESERT WEST PER LLC x4l 04, RAN L. FULLMER, MANAGING MEMBER ACKNOWLEDGMENTS STATE OF __U1-a-k-______�_ ) COUNTY OF LSS WI T H. MOORE, AN IVIDUAL WINSTON H. GORE F ON THIS �L DAY OF --1 InAl-, _____, 19-1Z, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED RANDY L. FULLMER, KNOWN TO ME TO BE MANAGING MEMBER OF DESERT WEST PROPERTIES, LLC, A LIMITED LIABILITY COMPANY, WHO SUBSCRIBED SAID COMPANY'S NAME TO 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 l AL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. %) _ - A , i i ., DAWN ANN MITCHELL Notary Public STATE OF UTAH My Comm. EV. Jun. 15, IM 171 E.1180 So., 81.O mpg, UT 8470 STATE OF IDAHO )Ss COUNTY OF ADA NOTARY PUBLI FOR RESIDING AT Nr -t MY COMMISSION EXPIRES: ON THIS DAY OF koLV^'�eA , 19 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED WINSTON H. MOORE, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ND SEAL/THE ) DAY ,AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTENi,..1@114.,,,�• I /o/ �G�G'CJC. NOTARY PUBLIC FOR IDAHO ����� • • RESIDING AT 990, IDAHO Msoo�+o•LQ.ii 91 • • MY COMMISSION EXPIRES: ,17 12- '6WO Ar w � w • w • '•. �- r 1 � 811 ..• l'„oMa•K INTERSTATE CENTER APPROVAL OF CITY ENGINEER I, THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, HEREBY APPROVE THIS PLAT. CITY ENGINEER N14 70t� ` Of SEAN �% ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS ACCEPTANCE THE FOREGOING PLAT WAS ACCEPTED AND APWVED BY THE.gOARD QF ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS ON THE 12DAY OF iOd2 19__. Y DISTRICT APPROVAL OF CITY COUNCIL I. A/J/0rM G_ Gtr Tr_______ CITY CLERK IN AND FOR THE CITY OF MERIDIAN, ADA COUNTY, IDA�jP O HEREBY CERTIFY HST AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON THE _1� __ DAY OF �r�! ��` 19j& THIS PLAT WAS DULY ACCEPTED AND APPROVED. OF _ CITY CLERK MERIDIAN, IDAHO r SSL s �Yp• CER11 ATE OF COUNTY TREASURER I, _ ----------- COUNTY TREASURER IN AND FOR THE CO TY OF ADA, STATE OF IDAHO, PER THE REQUIREMENTS OF I.C. 50-1308, DO HEREBY CERTIFY THAT ANY AND ALL CURRENT AND/OR DELINQUENT COUNTY PROPERTY TAXES FOR THE PROPERTY INCLUDED IN THIS PROPOSED ; HAVE BEEN PAID IN FULL. THIS CERTIFICATION IS VALID FOR THE NEXT TH JNLY. CERTIFICATE OF COUNTY SURVEYOR I, THE UNDERSIGNED, PROFESSIONAL LAND SURVEYOR FOR ADA COUNTY, IDAHO, HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND FIND THAT IT COMPLIES WITH THE STATE OF IDAHO CODE RELATING TO PLATS AND SURVEYS.--•- /-"\ COUNTY SURVEYOR CERTIFICATE OF OF SURVEY I, MICHAEL E. MARKS, P.L.S., DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED BY THE STATE OF IDAHO, AND THAT THIS PLAT AS DESCRIBED IN THE CERTIFICATE OF OWNERS AND THE ATTACHED PLAT, WAS DRAWN FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION AND ACCURATELY REPRESENTS THE POINTS PLATTED THEREON; AND IS IN CONFORMITY WITH THE STATE OF IDAHO CODES RELATING TO PLATS, SURVEYS AND THE CORNER PERPETUATION AND FILING ACT, IDAHO CODE 55-1601 THROUGH 55-1612. MICHAEL E. MARKS, L.S. NO. 4998 DATE d, <q s COUNTY RECORDERS CERTIFICATE INSTRUMENT NO. STATE OF IDAHO ) SS COUNTY OF ADA ) I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED AT THE REQUEST OF60A iMdAtdr. -Ar--/� T ? MINUTES PAST l O'CLOCK M., THIS � ( DAY OFu- 19 q7 . N MY OFFICE AND WAS DULY RECORDED IN BOOK OF PLATS AT PAGES AND 9&6_7 ( � - D*v,-W �),4a4tzo D PUTY GU EX -OFFICIO RECORDER SHEET 2 OF 2 #950615 \INTR-BAK. MNM 03/05/96 Exhibit B CITY OF MERIDIAN E T DIAN*-,--%-.*' FINDINGS OF FACT, CONCLUSIONS OF LAW 1 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 I I 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 -5 A. 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 - 1 - 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 11-513-31)). 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 11-513-3F). 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). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0119 - 2 - By action of the City Council at its regular meeting held on the l 0 day of 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 MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor TaTfnyocle Weerd Attest: ('tVL�tA o Iw SE C. ay Coles z� q4 City Clerk Or,A ate. VOTED Y C4 VOTED ✓� `� VOTED ✓ VOTED Yep VOTED VOTED Yeo? VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ` ? Dated rs3 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0119 - 3 - STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT A November 15, 2016 Mayor & City Council Josh Beach Associate City Planner 208-884-5533 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 LVAnalysis 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. Summary of City Council Public Hearing: i= In favor: Joann Butler ji In opposition: None iii.. Commenting: Joann Butler Ly. Written testimony: None y� Staff presenting application: Josh Beach yi Other staff commenting on application: Bill Parsons, Bill Nary 1L Key issue(s) of Public Testimony: L None -c� Key Issues of Discussion by Council: L How late the outdoor events would go iL The noise ordinance would potentially impact any outdoor event that occurs past 11 PM. d� Key Council Changes to Staff/Commission Recommendation L 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.) Interstate Center — MDA H-2016-0119 EXHIBIT A 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 '/z 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 Interstate Center — MDA H-2016-0119 2 EXHIBIT A 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. Interstate Center — MDA H-2016-0119 EXHIBIT A 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 3. Signs 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 1-84 frontage) shall all be installed with the first Certificate of Zoning Compliance approved on Parcel 6 (as indicated by the proposed concept plan). 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. Interstate Center — MDA H-2016-0119 EXHIBIT A 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 Interstate Center — MDA H-2016-0119 encs � w+H�sC Rl�oe� :oie GX2XGSKAx:b WANLY _1RiVIDN � OR 2-19 i5 t Q Rl6 dFM0lM1EM w&a0Mn9U EXHIBIT A 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 Interstate Center — MDA H-2016-0119 6 4 EXHIBIT A Exhibit A.1: Vicinity/Zoning Map Vicinity Map °_1 0 -Miles 0 Legend me infer pian sn filed ton is tent imp e. The City of ■ ■ M, idiw �o w�..anry a 9,�ant .� to the content. ■ :lvea of Impact W—Cy timeliness, « mmpleteness w any of ane dats. p.—idad and assumes no legal responsibility far the Parcels - Meridian inf—tnn ow.tsined Cr tnis —P. R-4 — – IIS as eq=a �n 94� J 1575 1 1575 15 �i / 154y E Overland Std 775 64' 91 521 485 � 1 r6 1„25 1650 1643 .0 °b L 15L-0-0 qcl 305 26q 172aLI 0 1761 1737 N to Ory' yp Print Date: Ml/2016 Interstate Center — MDA H-2016-0119 7 EXHIBIT A Exhibit A.2: Proposed Changes to the Development Agreement Recording Requested By and When Recorded Return to: Spink Butler, LLP 251 E. Front Street. Suite 200 Boise, Idaho 83702 AMENDED AND RESTATED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Black Mar. LLC, and BowDen Properties, LLC THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT- (this "Agreement"). is made and entered into this -300 day of May, 1997�_ 2016 (the "Effective Date"), by and between the r rry OF 154E.R.01 NCity of Meridian, a municipal corporation of the State of Idaho -,- party of he f of ^ ,t hers na.�,r, er Galled the Vie, a tea,,, . ("Gifu"). and Black Mor. LLC, an Idaho limited liabiiit},r company ("Black Mor") and BowDen Properties LLC an Idaho limited liability company ("BowDen"). Black Mor and BowDen are sometimes individually or collectively referred to herein as 'Owner/Developer. RECITALS A. On May 30. 1997. City and Winston H. Moore and Diane L. parties$( Moore collectively, the ori inal owner/ develo er entered into that certain DevelopmentAgreement, recorded on June 5, 1997 as Instrument No. 97044085, official records of Ada County. Idaho (the "Original Development Agreement') on real property more particularly described in the Original Development Agreement. A-. B. Upon recordation of this Agreement, the'!DE.=l.QF4-=R", Wiese address is RO-.Box- P204. riginal Development Aclreement shall be null and void and of no further force or effect for the subject Property, defined below. E-. C WHEREAS, DEVELOPER OwnedDeveloper is currently the sole owner, in law and/or equity, of athat certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A"'PFepeft ; s* joh attached hereto and by this rekm;eRGe RGQFPeFatQd hefeiR as :r set ooh iRfulliandmade apart hereof. (the Properttr" ). D- 1-C. _§_67-651 1 A, ^ ^^ ^^t "^"" ^^ , %4s --Idaho Code, provides that cities may ^^t'^t^ ' by ordinance, require or permit as a condition of re -zoning that Owner/Developer make a written commitment concerning the use or development of the Property. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 1 E:11 PIRSW-LWGompare Original DA vs Amended DA (9-26-16).docx Interstate Center — MDA H-2016-0119 EXHIBIT A E. Owner/Developer's predecessor in interest submitted an application for annexation and zoning of the Property. requesting a designation of C -G. (General Retail and Service Commercial District) under Ciiy's Unified Development Code ("UDC") 1-.-F. City has exercised its statutory authority by the enactment of Section 11-58-3 of the UDC, which authorizes development agreements vAh developesupon the annexation and/or re -zoning of land and, wIdl G .n WWF=0,8, the DEVELOP r modification of the Original Development Agreement. H. Owner/Developer made representations at the public beadngshearing before the Meridian �rii�gGity Council. as fig how fhe Property will be developed. 1. Owner/Developer deems it to be in Owner/Develooer's best interest to be able to enter into this Agreement and Zening that this Agreement was entered into voluntar!IV and at its urging and request. CU. _ City requires OwnerfDeveloner to enter into a development agreement for the purpose of ensuring that the Property is developed and the Meridian City Ccuncil as to bowsubseguent use of the Property vwniild be devd is in accordance with the terms and ;,t Eat i, pF9;om�„'s,� wu .,aj + be made an conditions of this Agreement. WHFIR A c ttc Ci Council., the da of 20 the Meridian CAyCouncil approved certain Findings of Fact and Conclusions of M:� Law, 04 .rud that the ^aVEL^PER ORtW rtRtO aver-v.vprrrvair Agreementy and U -K. and Decision and Order ("Findings of Law, annexed the Propertywhb: Win.. .do a n xaton ifFt a EVEl 91299 64 Rg-t Rt8F '..i. ., Development A^•^^ ~^'"), attached hereto as Exhibit $ and made a part hereof. NOW, THEREFORE, 'T to NFIREB AGRF=En AS Eni CANS - condition of the annexation of thein consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and thetaims of this agFe } t beakepag, t ged ea;e .d without the r AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 2 EM PNRSW-DA\Cornpare Original DA vs Amended DA (9-26-16).docx Interstate Center — MDA H-2016-0119 EXHIBIT A - -- ._ -- - .. - SON - to develop a family Rt ^enkear 9R 1 -1 a of Hleslt 1 The SITY approving A! use permit for the.d a3as of re which is a#a-hod hl-FIRW ;;ad j iR Fh9 Ci r.d:., .4 C_.._+....d GEE GISORS ..f I ^.r#r� rl - Use Permit z. e= neces&ary serve Let, 1 c 22 and 23, Bi I, 1 DE -VF$ nPr. oSCHEDULE OF EXHIBITS: The AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 3 E:51 P1RSW-DA1Compare Original DA vs Amended DA (9-26-16).docx Interstate Center — MDA H-2016-0119 10 EXHIBIT A following exhibits are incorporated herein: Exhibit A: Legal Description of the Property Exhibit B: City Council Findings Exhibit C: Conceptual Development Plan Exhibit D: Signs Plan Exhibit E: Landscape Plan 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNE_RIDEVELOPER: means and refers to Black Mor, LLC, whose address is 400 W, Overland Road Meridian Idaho 83642 and Bowden Pra erties LLC whose address is 400 W. Overland Road, Meridian, Idaho 83642, collectively, the party that owns and is developing the Property and shall include any subsecluent owner(s) or developer(s) of the Propert . 3.3 PROPERTY: means and refers to that certain arcel s of Property located in the County of Ada. City of Meridian as described in Exhibit A- 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 Uses. 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 under the UDC in effect as of the Effective Date (the"Uses"), which are nenerally set forth on: the conceptual development plan. attached hereto as Exhibit C and made a part hereof (the `Conceptual Development Plan"): the signs substantially similar to the signs depicted on Exhibit D attached hereto and made a part here of (the 'Signs Plan"); and the landscape depicted on Exhibit E, attached hereto and made a part hereof fthe "Landscape Plan'). Notwithstanding anything to the contrary herein or the UDC, outdoor arts, entertainment or recreational facility or facilities may be located within M feet 50' of the exterior Property boundary. 4.2 Change in Uses. No change in the Uses specified in this Agreement shall be allowed without modification of this Agreement. All Uses are deemed to be permitted uses and are not subject to the need for a conditional use permit. 5. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY: 5.1 Development Conditions. Owner/Developer shall develop the Property in accordance with the following special conditions. 1. Development of this Property shall begenerally consistent with the Conceptual Development Plan. 2_ All future Uses shall not involve uses, activities, 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. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 4 EMPIRSW-DA1Compare ortginal DA vs Amended DA (9-2fr16)-docx Interstate Center — MDA H-2016-0119 I I EXHIBIT A 3. The hours of operation for the Property are 24 hours per day of the week. 4. For any Use with a separation measurement from a residential zone, linear distance shall be measured from the front door of the venue on the Property to the residential zone. 5. Subject to Sections 4.1 and 4.2 re larding Uses, and this Section 5.1 all future development of the Property shall comply with City of Meridian ordinances in effect at the time of application for development. S. Setback along the west property boundary shall be five (5) feet for parking and eight (8) feet for recreationlentertainment facilities. Setback along the north Property boundary adjacent to Interstate 1-84 shall be twenty (20) feet. Setback along the north property boundary adjacent to existing C -G zoned property shall comply with the setback for C -G zoning. Setback along the east property boundary shall be twenty-five (25) feet. Setback along Overland road shall be thirty-five (35) feet. 7. Owner/Developer shall comply with the Signs Plan attached as Exhibit D. 8. OwnerfDeveloper shall comply with all landscape standards described in UDC 11-3B-8 that outlines the standards for parking lot landscape. Landsca e shall be installed along Overland Road consistent with the Landscape Plan attached as Exhibit E in connection with development of the first parcel that fronts Overland Road. 9. Owner/Developer shall be responsible to obtain a Certificate of Zonino Com fiance CZC) oermit and administrative design review in accordance with the standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian, Design_ Manual, prior to all now construction on the Property. 10. Owner/Developer shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian Design Manual. prior to all new construction on the Property. 11. Owner/Developer shall be responsible for all costs associated with sewer and water service installation. 12. Access points toffrom the Property are limited to those shown on the Conceptual Development Plan, unless otherwise restricted/approved by ACHD. 6. DEFAULT: 6.1 Acts of Dofcult. Either party's failure to faitht€rlly comply with all of the terms and conditions included h this Agreement shall constitute default under this Agreement. 6.2 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 (184) 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. Owner/Developer reserves all rights to contest whether a default has occurred. No provision in this Agreement can be modified or amended without the approval of the City Council after City has conducted public AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 5 E:%1PtRSW-DA1Compare Original DA vs Amended DA (9-26-16).docx Interstate Center — MDA H-2016-0119 12 EXHIBIT A hearingfs) in accordance with the notice Provisions provided for a zoning designation and/or amendment to zoning in force at the time of the proposed modification or amendment. 6.3 Enforcement. ThisAirreement 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. Enforcemenf_maybe sought by an appropriate action at law or in equity to secure the performance of the covenants, agreements, conditions, and obligations contained herein. 6.4 Delay. In the event the performance of anV covenant to be performed hereunder b either Owner/Developer or City is delaved for causes that are bevond 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. 6.5 Waiver. A waiver by City of any default by OwnerlDevelo er of anyone or more of the covenants or conditions hereof shall apply solely to the default and defauits 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. 6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement. including all of the Exhibits at Owner's/Developer's cost and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the adoption of this Agreement by the City Council. T SURETY OF PERFORMANCE: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements which the Owner/Developer agrees to provide. 9-5. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no Certificates of Occupancy will be issued for any building site or use on a lot in a phaseparcel until all S, tM 4-'Wq+ lmprevmme;aim rovements related thereto required under this A reement have been installed, completed, and accepted by Owner/Developer may leve#op each parcel or building site as a separate phase or in phases. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 6 E:11P1RSW-DA\Compare Original DA vs Amended IDA (9-2E0 B),docx Interstate Center — MDA H-2016-0119 13 EXHIBIT A AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 7 EMP1RSW-DA1Compare Original DA vs Amended DA (9-26-16).doex Interstate Center — MDA H-2016-0119 14 EXHIBIT A ■ .- MON - -- - ■ ■ Nil .. Wal all, �Mzl - P - .- .............- .. - g Th -t DEVELOPER .,..Fee �h.,..,.,.=ABIDE BY ALL CITY ORDINANCES: Owner[Developer agrees to abide py all ordinances of the City of Meridian unless otherwise provided by this Agreement. X10. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered ordepositedthree (3)_days after deposit in the United States ff:kAMail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY -G& MAER DIAN: OW N E RIDEVELOPER: City €ngineerClerk City of Meridian 33 €astE.. Broadway Avenue Meridian, ID _83642 W4;stnn H ;and Diana L Moore -204 geiseBlack Mor, LLC c/o Patrick Morandi 400 W_ Overland Road Meridian, ID 83787 2204 83642 With a copy to: BowDen Properties LLC c/o Patrick Morandi City Attorney 400 W. Overland Road Cit vof-Meridian Meridian. ID 83642 AMENDED AND RESTATED DEVELOPMENT AGREEMENT- 8 EM MRSW-DXCompare Original DA vs Amended DA (9-26-16).ducx Interstate Center — MDA H-2016-0119 15 EXHIBIT A 33 E. Broadway Avenue Suite 308 Meridian,, ID 83642 With a copy to: Spink Butler, LLP Attn: JoAnn C. Butler 251 E. Front Street, Suite 200 Boise. ID 83702 A party shall have the right to change its address by delivering to the other party a written notification in accordance with the requirements of this section. 11. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the arties and shalt survive any default, termination or forfeiture of this Agreement. 12. TIME IS OF THE ESSENCE: The oarties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 13_ 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 Owner/Develo er and each subsequent owner and any other person acquiring an interest in the Pro ert Nothing herein shall iD_any way revent sale or alienation of the Property, or ljortions 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, determines that Owner/Develo er has fully performed Owner/Developer's obligations under this A reement. 14, DUTY TO ACT REASONABLY: Unless otherwise expressly provided each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement 15. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other gEggeeding instituted by any third parties Oncludino a governmental entity or officiallchallen-cling the validity of any provision of this Agreement. the Parties hereby agree to cooperate in defending such action or proceedings. 16. INVALID PROVISION_ : 1f any provision of this Agreement is held not valid by a court of competent iurisdict"son 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. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between OwnerfDeveloper and City relative to the subiect matter hereof, and there are no promises, agreements, conditions or understanding. oral or written .express or implied, between OwnedDeveloper and City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full includinn.all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 9 E:11P1RSW-DASGompare Original DA vs Amended DA (9-28-16),dorx Interstate Center — MDA H-2016-0119 16 EXHIBIT A IN WITNESS WHEREOF the parties have herein executed this Amended and Restated Development Agreement and made it effective as of the Effective Date. NOTE: SIGNATURE BLOCKS, NOTARY BLOCKS AND EXHIBITS HAVE DELIBERATELY NOT BEEN RED -LINED AS PART OF THIS COMPARISON DOCUMENT. AMENDED AND RESTATED DEVELOPMENT AGREEMENT -10 E:11P1RSW-DA1Compare Original DA vs Amended DA (9-26-16).docx Interstate Center—MDA H-2016-0119 17 EXHIBIT A Exhibit A.3: Staffs 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-,inektdmg-parking, in the approved C -G tee -zoning district tmde . the T DG in ori et 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");_he landseape depieted on Exhibit E, a#aehed hereto and made paA befeef (the "bandseape Plan"). Notwithstanding anything to the contrary herein or the UDC, outdoor arts, entertainment or recreation facility or facilities maybe 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: " feet for- pafking and eight (8) feet for- r-eer-eatieWepAei4ainfnent f4eilities. Setback The landscape buffer along the north property boundary adjacent to interstate I-84 shall be twenty (20) feet. Sethae The Landscape buffer along the north property boundary adjacent to the existing C -G zoned property shall comply with the setbaaek-requirements of the C -G zoning district. Spethh-Aelk The landscape buffer along the east property boundary shall be twenty-five (25) feet. Sethaek 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). Interstate Center — MDA H-2016-0119 18 EXHIBIT A Exhibit A.4: Proposed Development Plan 1XICP E FU, t G -G Z -NG — O ea —z- iT0 PARCFI. � g WEST 04ER - Roxa o 5 ti � O v ti z PA— P P: szCrl. -1 FIINNe F.E.C. HlltllllMG cum C RERe WILDIM EtPAK�ON EIItSTING NATER PARK OiPIF190u � .. G'RlYG51 PARKING R 0R0SS RMKfue �mpr. all 1 pPnrsen N.— use GKOSS PAAKING. me SG PARTING 1XICP E FU, t G -G Z -NG — O N Y 2 iT0 PARCFI. � g WEST 04ER - Roxa o 5 ti � O v ti z 1XICP E FU, t G -G Z -NG — Interstate Center — MDA H-2016-0119 19 I U r All _ - I L.- — --PE a WEST 04ER - Roxa Interstate Center — MDA H-2016-0119 19 I U Exhibit A.5: Proposed Sign Plan wMneei Ea �abaz �bxw moer m- x 5ME5 Rinne caae. NEIL OF516NER EfEIC WTCH # FMCS FliE vwwOZH�wnYaveN zais cusroF3Fn RoaRIFcslxNcs�wanoz FOCATWN MERI)m 10 a ]-1515 PROF Y EXHIBIT A NEW LOCAMON- WAH007 MON AW ELECTRONIC MEMACE CENTER] IINCMEASE TO BE 50'01 1L. 385.11 N W E EXISTING OF MDNUMENT TO EE REMOVED TOTAL'. 199.66 S9 FT 56.4 54 FT EMC (30%) 35'-d' D- W.ONUMEM 80 S9 FT TOHFRFN10VEo 20'-0" SETBACKS AT P -D" FROM FRONT 12'-6" FROM SIDE & REAR Interstate Center — MDA H-2016-0119 20 PROPOSED: 150 561 FT 4d e" OA.H. TOTAL OVERLAND RD= 1,708 FT x FJW- NEL ,tY3TpNER oma #ADM 9M OA 6 ETC lcR6W "m 19 CABINET, CKWM u 28' x 18. MEL Pets R CLANKED M-1 wmDLSPIAY EXHIBIT A W.-O.M�Ng�W Z,DISPLAY J 1'r-01 NEW EMC V.0. FX5PNG CAM14EM 2l55QF; SLPPORTS. FT IBS= 325,21512= 162,6080EDUCTID'41 TWO 1 B' STEEL PIPES PRIMED & PAINTED BLACK NEW EMC 170 so q FULL COLOR MP-IAGE CENTER TWIN PAH jPEtQ,,USq 1 CMM 160%306 MATRIX CIMS SILIPPORTS ME WW STEEL $OWE TORE PRPAED SL PAINTED BLACK -9ppcars- IFT LRS- 802,21312- 401,107 (BASE) TWC 26'SIEEL PPES PRIMED U. PAINTED BLACK 10T4. SOUbA FEET- 385 RELOCAIEWALIQU. DISPIAY &APD NIEWEMCMDOUBLE FACE MFRNAJ41 N PYI0N �CAJF lffi-]�U Interstate Center — MDA H-2016-0119 21 max. NgL or`• emcx,r ex. -s ne nvn»c srarvcvwalooz lnwwx e.�moux. o leas naes EXHIBIT A LO.Lt E%'S11NG'JJAHOOZ CABINET EXSIING �CIJBLE FACE PYLON SCALE 216'-1'-0' 215 SQ TO BE REMOVED 1 CV -3' CA9IN�5 M-3' EMC 149.66. FI T. EMG SAMPIF OF PROPOSED SIGN SOME 3116'-1'=U' Interstate Center — MDA H-2016-0119 22 TO BEREdhC)VFP EM � sxEiex # ERICb FI�o WNgOif�flvM xats CIlEiGMFR. BONING EFIM VWNK90Z EOCI MEfagAN.AN.10 2-19 I S WWE# 208-338'94Ci1 ew.s o� uw a. a«awow.�nn� emdmo SP1Eb xen eeo NEIL FEIGNER ERG; bl@1G1 # ERILZ F. WPIINl flLON 2015 CVSIOT&R xl7NiN6 6PWINGS� Yd4NB6L EOCAIION MERIQ'AN, 1) [MR 2-i3-15 PAGE* EXHIBIT A 10'-0" CABINET �qllIME-129 �71i;97R�S[H��YNc11WiY9HRY� ' fl✓)P OF CABNE7) I WONG DOUBLE FACE W LLE R 244.52 5Q. FT- SCALE 1!8"= I' O" Interstate Center — MDA H-2016-0119 23 L OF 244.52 SQ: FT. �OARI.NG .rspru�gs _ _ 4vater park 1 i MGM: MILTARMA eood me x 54Fs1ec t rm� NEIL 0ESK9NER Eak; sRFrcR x FRICS Fllf wnnooD�O�R Hole R RNG 59NN�WAH�03 IaRTDR MFPoDNN, ID M, uow 10,_x, CABINET EXHIBIT A 150 S9. FT. SAMPLE OF PROPOSED SIGN SCALE 3/16"=1'-0" Interstat Center — MDA H-2016-0119 24 10' 3" CABINET 1 S9. FT. SAMPLE OF PROPOSED SIGN SCALE 3/16°=1'-0" i 9r MOUNTAIN VIEW EQUIPMENT I I N �l O C D zC Z 0 C C-) � C) ;U I I C f I D I C/) O N mm 0 0 C I I zC IF— z;;u D co 0 m Ul I F_ C/)I T1 m EXISTING R.I.R.O. ACCESS I I I I PARCEL 2 Imo— 25.00' I I I I I► I � l I I I I I I D m Z I 0 I I N I I I , — I ` P 0 EXISTING FULL q L SIGNALIZED ACCESS I F_ — — — ---� I I f I D I C/) -9 N N Exhibit C ■ F_ C7 0 c (n V D C) h1 r, F_ Clj C) o F_ cyl EXIT a X � 0 mC Z p m ;;a cnznm 00 Z Z � IRE K�7 i D el;r / r / 00 / r00 / z / / / / '1 . / / / I I .a F7 I F_ I � I I z I D el;r / r / 00 / r00 / z / / / / '1 . / / / I I D F7 I F_ I � I I z C/) -9 0 N 0 0 C I I zC m z;;u D co 0 m C 0 F_ C/)I T1 m m G7 0-) I ;;a I / I / EXISTING ACCESS (GATED) / I / DI / NI / 35.00' I I / I / 20.00' / &LANDSCAPE — — — — — —ACCESS — — — — — — MR. SANDMAN MR. SANDMAN SUBDIVISION SUBDIVISION NO. 2 DESIGNED BY: CHECKED BY: DRAWN BY: DATE BY REVISION CK'D APPR. 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Rich 2017-001446 BOISE IDAHO Pgs=5 LISA BATT 01/06/2017 09:49 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS Easement Agreement, made this _3 day of 'SW 20�6 between Murgoitio Limited Partnership, ("GRANTOR"), and the City of Meridian, an Idaho Municipal Corporation ("GRANTEE"); WITNESSETH: WHEREAS, the GRANTOR desires to provide a water main right-of-way across the premises and property'hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others on behalf of 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 GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: The easement hereby granted is for the purpose of construction and operation of a water line 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 water mains, 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. Water Main Easement THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that 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. G NTOR: s v"L -� Ruth Murgoitio, General artn1er [/, ,C r Address STATE OF IDAHO ) : ss. County of Ada ) On this day of _L�lL{U��►►tt� e'.%Yr , 20J, before me, the undersigned, a Notary Public in and for said State, personally appeared Ruth Murgoitio, known or identified to me to be a general partner of the limited partnership that executed the instrument on behalf of said limited partnership and acknowledged to me that said limited partnership 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) Water Main Easement /! '� I � - )/" n//, NO ARY PUBLIC FOR IDAHO Residing at: &k",- Commission Expires: 3 3 GRANTEE: CITY OF MERIDIAN Tammy de W9(1"rS ,,Mayor nZ� Attest'by C. J4 Coles, City Clerk of L�t SFAL Approved By City Council On: S � / ,%1 % STATE OF IDAHO, ) ss County of Ada ) On this J ?---day of Tculvta I'-/ , 20 j-2—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) **memo, _ 40.asmse• Water Main Easement NOTARY PUBLN FOR IDAHO Residing at: C,Qck 0 JD Commission Expires: �-IACI— I e, EXHIBIT A UTILITY EASMENT FOR THE CITY OF MERIDIAN, IDAHO MURGOITIO LIMITED PARTNERSHIP An easement located in the SE % of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the southeasterly corner of said SE %, from which an aluminum cap monument marking the northeasterly corner of said SE % bears N 03221" W a distance of 2700.17 feet; Thence N 032'21" W along the easterly boundary of said SE % a distance of 2559.81 feet to a point; Thence leaving said easterly boundary S 89°27'39" W a distance of 25.00 feet to the POINT OF BEGINNING; Thence S 55°42'39" W a distance of 52.75 feet to a point; Thence S 34°1721" E a distance of 78.95 feet to a point; Thence N 032'21" W a distance of 94.95 feet to the POINT OF BEGINNING. This parcel contains 2,082 square feet (0.048 acres) and is subject to any other easements, existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporatedy 1.6U�' , December 5, 2016 t �z�sl�6 EXHIBIT B SKETCH TO ACCOMPANY UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE SE 1/4 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1/4 �\<l\ MURGOITIO LIMITED PARTNERSHIP I I I I I o O O W N W 3: cr_ 0 N �-- o U z OJ 3132 6 5 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 NPL LA�yOs 0rj1 \STFR 5082 0 �(2�5116� G+ qTE OF \OP \HN K. BEN SCALE: 1 "=40" QI 3( L u- 01 F- c� I �I al I w cfl � �I a I O S 89'27'39" W POINT OF BEGINNING 25.00' J N Lo UTILITY ' `r Po: d °' EASEMENT `�z• Z N �\<l\ MURGOITIO LIMITED PARTNERSHIP I I I I I o O O W N W 3: cr_ 0 N �-- o U z OJ 3132 6 5 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 NPL LA�yOs 0rj1 \STFR 5082 0 �(2�5116� G+ qTE OF \OP \HN K. BEN SCALE: 1 "=40" E IDIANt-6�-- Public IL DA H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Blake Engineering Project Manager DATE: December 7, 2016 Mayor Tammy de Weerd City Council Memberst Keith Bird loe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: DOMESTIC WATER MAIN EASEMENT WITH MURGOITIO LIMITED PARTNERSHIP FOR THE CONSTRUCTION AND MAINTENANCE OF THE SOUTH LOCUST GROVE WATER MAIN (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 2. Approve the permanent Water Main Easement with Murgoitio Limited Partnership for the construction and maintenance of the South Locust Grove Water Main; and 3. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager ................................................489-0340 Kyle Radek, Assistant City Engineer..........................................................489-0343 Warren Stewart, Engineering Manager.......................................................489-0350 Page I of 1 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: L&G Murgoitio LLC L&G Murgoitio LLC Water Main Easement for E. Lake Hazel Main 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 2017-001445 BOISE IDAHO Pgs=5 LISA BATT 01/06/2017 09:49 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT X17 THIS Easement Agreement, made this 3 day of 9W , 294 between L & G Murgoitio, LLC, an Idaho Limited Liability Company, ("GRANTOR"), and the City of Meridian, an Idaho Municipal Corporation ("GRANTEE"); WITNESSETH: WHEREAS, the GRANTOR desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others on behalf of 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 GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line 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 water mains, 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. Water Main Easement R THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the GRANTEE that 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. GRANTOR: Member o nger`of LLC \j i,, STATE OF IDAHO ) : ss. County of Ada On this yf� day of /y �J����► �' , 20 J L,, before me, the undersigned, a Notary Public in and for said State, personally appeared I ►ICA.ry a/ o,, , known or identified to me to be the manager or a member of the limited liability company that executed the instrument on behalf of said limited liability company and acknowledged to me that said 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. (SEAL) Water Main Easement N TARY PUBLIC FOR IDAHO Residing at: Xtu 0',6-n Commission Expires: 131!J1 GRANTEE: CITY OF MERIDIAN Tammy de WCerA, Mayor Attest by C. Ja Coles, City Clerk Approved By City Council On: 11031 �b%7 STATE OF IDAHO, ) : ss County of Ada Of 1 I L"o�1110!A�ri' WFgL On this day of �� , 20 , 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) ,••'"'••. C" ri one 9 ` Water Main Easement Ono L4LL �AkOL NOTARY PUB IC FOR IDAHO Residing at:(,� 1^�� Commission Expires: �1 1 EXHIBIT A UTILITY EASMENT FOR THE CITY OF MERIDIAN, IDAHO L &G MURGOITIO, LLC An easement located in the NE % of Section 5, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northeasterly corner of said NE %, from which a brass cap monument marking the northwesterly corner of said NE % bears N 8956'42" W a distance of 2659.18 feet; Thence N 89°5642" W along the northerly boundary of said NE % a distance of 2514.19 feet to a point; Thence leaving said northerly boundary S 003'18" W a distance of 25.00 feet to the POINT OF BEGINNING; Thence S 223232" W a distance of 52.60 feet to a point; Thence N 6727'28" W a distance of 127.07 feet to a point; Thence S 89°56'42" E a distance of 137.53 feet to the POINT OF BEGINNING. This parcel contains 3,342 square feet (0.077 acres) and is subject to any other easements, existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated U October 20, 2016 LIU '3 I EXHIBI T B SKETCH TO ACCOMPANY UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN L OCA TED IN THE NE 1/4 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1/4 LAKE HAZEL ROAD 144.99' S 89`56'42" E 137.53 N 89'56'42" W 2659.18' 3233 oI 2514.19' V 5�4 0 NI""— S 0°03'18" W PRESCRIPTIVE RIGHT-OF-WAY UTILITY Al POINT OF 11/ �7?� EASEMENT BEGINNING �co L & G MURGOITIO, LLC CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD o - MERIDIAN, IDAHO 83642 (208)888-4312 /Np, L LA NQ� 5082 �R/?-0/4& ra \NN K. BENNE SCALE.- 1 '=40' E IDIANt-6�--e Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent Blake Engineering Project Manager DATE: December 7, 2016 Mayor Tammy de Weerd City Council Nemberft Keith Bird loe Borton Whe Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: DOMESTIC WATER MAIN EASEMENT WITH L & G MURGOITIO, LLC FOR THE CONSTRUCTION AND MAINTENANCE OF THE EAST LAKE HAZEL WATER MAIN (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 2. Approve the permanent Water Main Easement with L & G Murgoitio, LLC for the construction and maintenance of the East Lake Hazel Water Main; and 3. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager ................................................489-0340 Kyle Radek, Assistant City Engineer..........................................................489-0343 Warren Stewart, Engineering Manager.......................................................489-0350 Page I of 2 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Street Light at Walmart j-1,�r�,� ��� �jL, i a U Agreement to Accept Payment in Lieu of Installing a Street Light at Walmart Fuel Store #2862 MEETING NOTES rte✓ 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 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT _ WALMART FUEL STORE # 2862 THIS AGREEMENT for streetlight installation, made this .S day of December, 20e6 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642 (hereinafter "City"), and Wal-Mart Real Estate Business Trust, PO Box 8050, Bentonville, AR 72712-8050 (hereinafter "Walmart"). WHEREAS, Walmart has received from City, conditional approval of the for the Walmart Fuel Store # 2862 at 4017 E Fairview Ave, Meridian ID, case no C -NEW -2016-0043; and, WHEREAS, one of the General Requirements of City's approval of C -NEW -2016-0043 is to install street lights on all public roadways per Section 6 of the City of Meridian Design Standards; and, WHEREAS, the Ada County Highway District has plans to widen this section of Fairview Ave and, the City has already collected funds to install lights on the north side of Fairview with the widening project, it is prudent to install this light at the same time as the ones on the north so that light can be installed in a location where it will not need to be relocated with the widening project, and it can be spaced properly with respect to the poles to be installed on the north side; and, WHEREAS, when this section of Fairview Ave. is widened, City is willing to install the required streetlights if Walmart has paid to City the estimated amount necessary to install the streetlight and conduit along the parcel frontage. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Walmart shall pay to City the amount of $8,750.00 as the amount necessary to supply, wire, and install a Meridian City Type -1 Street Light with a 35' mounting height and a 15 foot mast arm, along with the installation of 200' of street lighting conduit along the property frontage. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Walmart to install the 35' streetlight on Fairview Ave. in front of the development. 3. Upon payment of the amount in Article 1 by Walmart to City, Walmart's requirement to install the streetlight on Fairview Ave. shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Walmart of Walmart Property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. WAL-Mart Real Est to Business Trust (!TY OF MERIDIAN By: r By Dave Loveland, Tammy e eerd, Sr. Project Manager Design and Management -Realty Mayor B. Proposed Project Per the attached agreement, the City will accept the estimated amount required to install the street light, $8,750.00, from Walmart and use these funds to install the light with the upcoming roadway widening project within the next ten years. Walmart is in favor of this solution and has signed the attached agreement. IV. IMPACT A. Service/Delivery Impact: This agreement will increase the street lighting along Fairview Ave while ensuring that the light is installed in the appropriate location and will not need to be relocated in the near future. B. Fiscal Impact: Per this agreement the City will receive $8,750.00. This is the estimated amount required to install the street light along Fairview Ave. and these funds will be reserved for that specific purpose. V. ALTERNATIVES A. The Mayor and City Council could choose not to approve this agreement, and require that Walmart install the street light along the frontage of Fairview Ave prior to receiving their Certificate of Occupancy. The City would then need to relocate and or adjust the street light to grade with the upcoming roadway widening project at the City's cost. VI. TIME CONSTRAINTS Council approval of this agreement will allow Walmart to remit the required funds to the City and receive their Certificate of Occupancy once all other requirements have been met. VII. LIST OF ATTACHMENTS A. Agreement to accept payment in lieu of installing streetlight at Walmart. Approved for Council Agenda: tC / ENDIANt6o.- Public � D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Garrick Nelson — Staff Engineer DATE: December 19, 2016 Mayor Tammy de Weerd City Council Memberst Joe Borton Keith Bird Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING A STREET LIGHT AT WALMART FUEL STORE 92862 I. RECOMMENDED ACTION A. Move to: Approve the attached agreement with Wal-Mart Real Estate Business Trust 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Garrick Nelson, Staff Engineer 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Dale Bolthouse, Interim Director of Public Works 985-1257 III. DESCRIPTION A. Background One of the general requirements of the City's approval of the Walmart Fuel Store #2862 at 4017 E Fairview Ave in Meridian is to install street lighting on all public roadway frontages. The section of Fairview Ave. fronting Walmart is scheduled to be widened by the Ada County Highway District within the next ten years. As the design for this project has not been completed, and the shoulder of this section of Fairview will remain unimproved, Walmart is unable to install a street light required along this frontage in a location where it will not need to be relocated with the upcoming roadway widening project. Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: PO #17-0139 Authorization for the Purchasing Manager to sign PO # 17-0139 for the Not - To -Exceed amount of $77,562.00 to Taser International for Evidence.com License fees for the current Body Worn Cameras per the current Agreement approved by Council November 18, 2014 MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: CJ Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Scott Colaianni Date: 12/19/2016 Re: January 3rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 3rd City Council Agenda under Police/Purchasing Department Report. Authorization for the Purchasing Manager to sign PO #17-0139 for the Not -To - Exceed amount of $77,562.00 to Taser International for Evidence.com License fees for the current Body Worn Cameras per the current Agreement approved bV Council 11/18/2014. Recommended Council Action: Authorize the Purchasing Manager to sign PO #17-0139 to Taser for the Not -To -Exceed amount of $77,562.00. Thank you for your consideration 0 Page 1 C (EInDIAN.-~ CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: TASER INTERNATIONAL PO BOX 29661-2018 PHOENIX, AZ 85038-9661 Description FY17 Evidence.com Storage and annual License per agreement Purchasing Manager: Special Instructions Purchase Order 12/23/2016 Attention: Scott Colaianni Billing Attn: Finance Address: 33 E Broadway Ave Meridian. ID 83642 Shipping Meridian City Police Dept. Address: 1401 Watertower Meridian, ID 83642 Shipping Method: Contractor FOB: Destination Pre -Paid Unit Quantity Unit Price Total Purchase Order Total: 17-0139 77, 562.00 $77,562.00 Contract PO - Evidence .conn license fee for FY17 - Year 3 of 5 per the Agreement dated 11/18/2014 and Amendment 1 dated 417/2015 and additional 3 cameras. Not -To -Exceed $77,562.00. 01-2110-53360 Case 55926 1401 E WATERTOWER AVE MERIDIAN, ID 83642 SHIP TO: USA MERIDIAN POLICE DEPT 1401 E WATERTOWER AVE MERIDIAN, ID 83642 USA Item number Invoice Ordered ,Remit Payment to: Backordered Unit price TASER International Invoice No SI1460702 PO BOX 29661 Invoice date 11/28/2016 DEPARTMENT 2018 Page 1 of 2 TA S E R PHOENIX, AZ 85038-9661 Sales order S0160273573 Ph: (480) 991-0797 Purchase order YEAR 3 BILLING Fax: (480) 991-0791 Your ref sales@taser.com Payment Net 30 www.taser,com Invoice account 107993 69.00 RMA number 0.00 BILL TO: Mode of delivery Customer Pickup ANNUAL PAYMENT Terms of delivery FOB Scottsdale MERIDIAN POLICE DEPT 1401 E WATERTOWER AVE MERIDIAN, ID 83642 SHIP TO: USA MERIDIAN POLICE DEPT 1401 E WATERTOWER AVE MERIDIAN, ID 83642 USA Item number Revision Description Ordered Shipped Backordered Unit price Amount 85035 EVIDENCE,COM STORAGE 13,800.00 l 13,800,00 0.00 0.75 10,350.00 85079 TASER ASSURANCE PLAN 69.00 69,00 0.00 36.00 2,484.00 DOCK ANNUAL PAYMENT 85078 ULTIMATE EVIDENCE.COM 69.00 69.00 0.00 660.00 45,540.00 ANNUAL PAYMENT 85401 INCLUDED STORAGE, 40 2,760.00 2,760.00 0.00 0.00 0.00 GBS PER ULTIMATE LICENSE 89301 PROFESSIONAL 5.00 5.00 0.00 468.00 2,340.00 EVIDENCE.COM LICENSE: YEAR 3 PAYMENT 85110 EVIDENCE.COM INCLUDED 150.00 150,00 0,00 0.00 0.00 STORAGE 88301 STANDARD EVIDENCE,COM 6.00 6.00 0,00 300.00 1,800.00 LICENSE: YEAR 3 PAYMENT 85110 EVIDENCE.COM INCLUDED 120.00 120.00 0.00 0.00 0,00 STORAGE 85100 EVIDENCE.COM 69.00 69,00 0.00 180.00 12,420.00 INTEGRATION LICENSE: ANNUAL PAYMENT 85079 TASER ASSURANCE PLAN 3.00 3.00 0.00 36.00 108.00 DOCK ANNUAL PAYMENT 85078 ULTIMATE EVIDENCE.COM 3.00 3.00 0.00 660.00 1,980.00 ANNUAL PAYMENT 85110 EVIDENCE.COM INCLUDED 120.00 120.00 0.00 0,00 0.00 STORAGE 85100 EVIDENCE,COM 3.00 3,00 0.00 180.00 540.00 INTEGRATION LICENSE: ANNUAL PAYMENT Please see http://www,taser.com/sales-terms-and-conditions for all sales terms and conditions. Payment due 12/28/2016 Sales Amount 77,562.00 Misc./Handling 0.00 Shipping Freight & Handling 0.00 Sales tax 0.00 Total 77,562.00 Amount received 0.00 BALANCE DUE 77,562.00 USD Please see http://www.taser.com/sales-terms-and-conditions for all sales terms and conditions. Payment due 12/28/2016 Sales Amount Invoice Misc./Handling Remit Payment to: Shipping Freight & Handling 0.00 TASER International Invoice No 511460702 PO BOX 29661 Invoice date 11/28/2016 DEPARTMENT 2018 Page 2 of 2 TA S E R PHOENIX, AZ 85038-9661 Sales order 50160273573 -TL 11- Ph: (480) 991-0797 Purchase order YEAR 3 BILLING Fax: (480) 991-0791 Your ref sales@taser.com Payment Net 30 www.taser.com Invoice account 107993 RMA number Mode of delivery Customer Pickup Terms of delivery FOB Scottsdale Please see http://www.taser.com/sales-terms-and-conditions for all sales terms and conditions. Payment due 12/28/2016 Sales Amount 77,562.00 Misc./Handling 0.00 Shipping Freight & Handling 0.00 Sales tax 0.00 Total 77,562.00 Amount received 0.00 BALANCE DUE 77,562.00 �b1�7 JUCiCitJ I CU VENDOR CITY OF MERIDIAN Purchasing Department 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 TEL: (208) 489-0417 FAX: (208) 887-4813 Taser International PO Box 29661 Department 2018 Phoenix AZ 85038-9661 CITY OF MERIDIAN Police Department CASE MANAGEMENT TICKET NO. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Reith - Unposted Transactions Included In Report 2110 - Police Admin 01 - General Fund From 10/1/2016 Through 9/30/2017 Budget with Current Year Amendments Actual Percent of Budget Budget Remaining Remaining OPERATING COSTS 53360 Software Maintenance 102,057.00 0.00 102,057.00 100.00% 0000 NON -DEPARTMENTAL 0.00 21,471.00 (21,471.00) 0.00% Total OPERATING COSTS 102,057.00 21,471.00 80,586.00 78.96% TOTAL EXPENDITURES 102,057.00 21,471.00 80,586.00 78.96% Date. 12/23/16 G8:32:52 AM Page: 1 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution No. 16-1186-A Resolution No. 16-1186-A: Approving an amended office lease to Congressman Raul Labrador 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 CITY OF MERIDIAN RESOLUTION NO. 16-1186-A BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION APPROVING AN AMENDED EXTENSION OF THE LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND CONGRESSMAN RAUL LABRADOR (LESSEE) FOR A TWO YEAR LEASE TERM EXTENSION FOR APPROXIMATELY 1,812 SQUARE FEET OF OFFICE SPACE AT THE MERIDIAN CITY HALL, 33 EAST BROADWAY, MERIDIAN IDAHO TO BE USED FOR A LOCAL CONGRESSIONAL STAFF OFFICE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the City of Meridian has approximately 1,812 square feet of office space at the Meridian City Hall that is currently leased to Congressman Raul Labrador as approved by Resolution 10-767 and renewed by Resolutions 12-902 and 14-1035; and, WHEREAS, the City of Meridian has no immediate plans to use the 1,812 square feet of space for City business and Congressman Raul Labrador desires to renew the lease for an additional two years; and, WHEREAS, on December 20, 2016, the Meridian City Council Adopted and the Mayor Approved Resolution 16-1186 approving a two year lease extension; and, WHEREAS, upon review of the lease documents, the United States Administrative Counsel requested certain changes, in particular the correction of the dates of the Prior Lease Term and a list of amenities included in the lease. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The 1,812 square feet of space in Meridian City Hall currently leased to Congressman Raul Labrador is not otherwise needed for City purposes. SECTION 2. That the terms of the revised District Office Lease Amendment and Attachment (attached hereto and incorporated herein) between Congressman Raul Labrador and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. (Copies of the original District Office Lease and Local Addendum being amended are attached hereto for reference). SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. SECTION 4. 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 -3 day of 2017. APPROVED by the Mayor of the Ci RATEp eridian, Idaho, this 7 day of �GvJt/Cu2„ , 2017. GO�Pp AGG Mayor Tanyfiy de Weerd AMENDED RESOLUTION 16-1186 APPROVING AN RAULLABRADOR ATTES CJColes, ity Clerk BETWEEN THE CITY OF MERIDIAN AND CONGRESSMAN Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Lakeview Golf Course 2017 Lakeview Golf Course 2017 Capital Improvement Project Proposal MEETING NOTES 9 PHOWD Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Submit to City Clerk's Office Lakeview Golf Course Capital Improvement Project Proposal Submittal Form Proposal submitted by: Lakeview Golf Club — Erik Oaas Date: December 15, 2016 ATTACH NARRATIVE DESCRIBING THE FOLLOWING PROJECT INFORMATION: 1. HOW DOES THE PROJECT ENHANCE OR IMPROVE THE CITY'S CAPITAL ASSET? 2. WHAT IS THE EXPECTED USEFUL LIFE OF THE IMPROVEMENT? 3. 1S THE PROJECT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY? 4. 1F THE PROJECT IS NOT AN IMPROVEMENT TO THE CITY'S REAL PROPERTY, HOW WILL OWNERSHIP BE VESTED IN THE CITY? 5. LIST PROJECT CONSTRUCTION TEAM OR VENDOR 6. PROVIDE TASK AND COST BREAKDOWN 7. PROVIDE PROJECT TIMELINE. Date of Golf Course Focus Group Presentation: September 8, 2016 Recommendation fiom GC Focus Group: Approved STAFF USE ONLY: Date received at City Clerk's Office: OV/& Date of Presentation on City, Council Agenda: City Council motion to approve Project as rent -credit eligible? Yes No Total Amount approved as rent -credit eligible upon completion and $ substantiation: Breakdown of years to which rent credit will be applied upon completion and substantiation : Year l (Fiscal year 201_ - 201) $ Year (Fiscal year 201_ - 201) $ Year 3 (Fiscal year 201;— - 201) $ Year 4 (Fiscal year 201_ - 201) $ City Clerk Signature: Date Lakeview Golf Course Capital Improvement Project Proposal Submittal Form Version 1.0 01/08/1S December 15, 2016 Meridian City Council Attn: Council President City Hall Meridian, Idaho 83642 Dear Mr. President, Attached, please find the proposal from Lakeview Golf Club for consideration of our Capital Improvement Proposal for FY 2018. Our proposal addresses one of the largest concerns from our golf patrons as expressed both personally and in our most recent customer survey. We attach the survey results in summary form for your review. Please let me know when you would like to schedule me to appear in front of the Council to answer any specific questions you might have. Supplemental Narrative Capital Improvement Project Form 1. Remodeling the Mens and Womens Tee Boxes is a permanent improvement to this portion of the golf course. It is in response to both written and oral feedback from our patrons. (See Survey Results). 2. The remodel is permanent and is expected to last at least 10 years before it might be necessary again. 3. The project is an improvement to the real property owned by the City of Meridian. 4. N/A 5. The project will be led by Richard Rush, Greens Superintendent and Roy Ahnstedt, Head Golf Professional. In addition to the leaders, either contract labor will be hired or we will bring back temporarily the grounds crew of the golf course. They will be in seasonal layoff status at this time. Additionally, we will rent specific pieces of equipment that are not owned by the golf club to complete the work. We will seek competitive bids when we approach the starting date. 6. (See FY 2018 Capital Improvement Spreadsheet) 7. (See FY 2018 Capital Improvement Spreadsheet) Note: Since we have not remodeled the tee boxes in the past, we are using our best estimate of the costs involved. We will add the remodel of #14 tee boxes as well if the costs come in below our estimated spending of approximately $12,000.00. ,�A`7 Google"eart © 2016 Google ` r 7 s JO 100 ft A, N Lakeview Golf Club FY 2018 Capital Improvement Proposal: Total Cost $11,900.00 Item 1: Complete Remodel of #1 Men's and Women's Golf Tee Boxes Description: The Men's and Women's Tee Boxes on Hole #1 must be remodeled. Over the many years of use, the tee boxes become hardened and difficult to keep green and healthy. We propose to remodel them as described below.Aerial Photo: Green Outline is the current surface area; Red Outline is the proposed new surface area. 1) Cut and remove sod from top of existing tee box 2) Excavate entire surface of tee box 3) Utilize excavated soil to enlarge surface area 4) Final grade surface to make level and compact appropriately 5) Re -use sod if healthy and/or reseed as necessary Project Start: February or March 2017 Project Completion: 30 days after starting Project Cost: Men's Tee Women's Tee Total Labor $2,000 $1,400 $3,400 Equip. Rental $1,000 $700 $1,700 Materials _�5M S3150 Sm $3,500 $2,450 $5,950 Item 2: Complete Remodel of #5 Men's and Women's Golf Tee Boxes Description: The Men's and Women's Tee Boxes on Hole #5 must be remodeled. Over the many years of use, the tee boxes become hardened and difficult to keep green and healthy. We propose to remodel them as described below.Aerial Photo: Green Outline is the current surface area; Red Outline is the proposed new surface area. 1) Cut and remove sod from top of existing tee box 2) Excavate entire surface of tee box 3) Utilize excavated soil to enlarge surface area 4) Final grade surface to make level and compact appropriately 5) Re -use sod if healthy and/or reseed as necessary Project Start: February or March 2017 Project Completion: 30 days after starting Project Cost: Men's Tee Women's Tee Total Labor $2,000 $1,400 $3,400 Equip. Rental $1,000 $700 $1,700 Materials 500 350 850 $3,500 $2,450 $5,950 LAKEVIEW GOLF CLUB SURVEY PLEASE GIVE US YOUR HONEST FEEDBACK BY USING THE FOLLOWING RATING SYSTEM 5—Excellent 4—Good 3—Acceptable 2—Fair 1—Poor 1. What is your OVERALL IMPRESSION of Lakeview Golf Club? GOLF COURSE OPERATION 2. How would you rate the OVERALL GOLF COURSE OPERATIONS? 3. TEE BOXES? 4. FAIRWAYS? 5. ROUGH? 6. BUNKERS? 7. GREENS? 8. CART PATHS? 9. GOLF COURSE STAFF? 10. NEW TEE TIME SOFTWARE? 11. PRO SHOP MERCHANDISE? 12. COMMENTS? RESTAURANT/BAR OPERATION 1. How would you rate the OVERALL RESTAURANT/OPERATIONS? 2. REGULAR MENU? 3. DINNER SPECIALS? (i.e. Fish and Chips, Taco Tuesday, Asian Wednesday, Prime Rib Friday) 4. FOOD QUALITY? 5. CUSTOMER SERVICE (RESTAURANT)? 6. HAPPY HOUR? 7. DRINK SPECIALS? 8. BEER QUALITY? 9. MIXED DRINK QUALITY? 10. CUSTOMER SERVICE (BAR)? 11. COMMENTS? 12. How does the OVERALL PRICING FOR OUR PRODUCTS AND SERVICES COMPARISON to other similar golf courses in the Treasure Valley? Thank you for your feedback and most importantly for your patronage! Lakeview Restaurant Overall Rest. Regular Dinner Food Customer Happy Drink Beer Mixed Customer Pricing Competitive Survey Operations Menu Specials Quality Service Hour Specials Quality Drink Service Bar w/ Other Courses Survey 1 3 3 4 4 4 5 5 4 5 5 3 Survey 2 4 4 4 4 5 4 Survey 3 5 4 5 5 5 5 5 5 5 Survey 4 4 3 4 3 4 5 4 5 3 5 Survey 5 5 5 5 5 5 5 Survey 6 3 4 4 3 Survey 7 4 4 4 5 5 4 4 5 4 4 3 Survey 8 4 5 5 5 3 5 5 5 5 3 4 Survey 9 4 3 3 3 4 3 3 4 4 4 Survey 10 5 5 4 4 5 5 5 5 5 5 4 Survey 11 5 4 5 4 5 5 5 5 5 5 4 Survey 12 4 4 4 4 4 4 4 Survey 13 4 4 4 4 4 4 4 4 3 4 4 Survey 14 5 4 5 5 4 4 4 5 4 4 4 Survey 15 4 4 4 4 4 4 4 4 4 4 5 Survey 16 4 4 4 5 4 5 5 Survey 17 4 3 4 4 4 3 3 Survey 18 4 3 4 4 5 5 5 5 Survey 19 3 5 5 5 3 4 5 5 4 3 4 Survey 20 4 5 5 5 3 4 4 5 4 3 5 Survey 21 Survey 22 Survey 23 Totals (Avg.) 1 4.10 1 4.00 1 4.44 1 4.25 1 4.05 14.46 1 4.31 1 4.65 1 4.21 1 4.21 1 4.07 Lakeview Golf Club Survey Overall Golf Course Operations Tee Boxes Fairways Rough Bunkers Greens Cart Paths Course Staff Shop Merchandise Survey 1 4 3 3 3 2 4 2 4 4 Survey 2 4 3 3 3 2 4 2 4 4 Survey 3 4 2 4 3 3 4 1 4 3 Survey 4 5 4 4 4 5 5 3 5 5 Survey 5 3 1 4 3 1 4 2 5 3 Survey 6 5 1 4 4 3 4 3 5 4 Survey 7 4 3 3 2 4 5 3 4 4 Survey 8 5 2 4 4 4 5 2 5 5 Survey 9 3 2 3 3 3 5 1 4 5 Survey 10 4 4 4 4 5 1 5 5 Survey 11 4 3 4 4 3 4 3 5 3 Survey 12 3 2 2 3 2 4 3 4 3 Survey 13 3 5 4 5 5 3 5 4 Survey 14 5 2 5 5 5 5 4 5 4 Survey 15 4 3 4 3 3 4 3 5 5 Survey 16 4 4 3 4 4 4 2 4 4 Survey 17 4 3 3 3 3 3 2 4 3 Survey 18 4 3 4 4 4 5 2 4 2 Survey 19 5 2 4 4 4 5 3 5 5 Survey 20 5 3 4 4 4 5 3 5 5 Survey 21 3 2 2 3 3 3 1 4 3 Survey 22 4 4 4 4 3 4 1 4 4 23 3 3 4 4 4 2 5 4 5 tSurvey ls (Avg.) 4.05 2.70 3.65 3.57 3.39 4.26 2.39 4.48 4.00 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Mayor's Youth Advisory Council Update 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 MYAC December in review MAYC Christmas Party •MYAC’ers enjoyed: •Team building games •A Potluck •A gift Exchange MYAC Executive Christmas Party •The Executive Council had their own Christmas party on Monday the 19th •We watched Elf together and had a Secret Santa gift exchange •Team bonding and comradery was built Cookie baking and Christmas delivery •During Christmas break, MYAC’ers made over 70 plates of baked good at our opportunities advisor’s house. •These plates were passed out to over 20 locations throughout Meridian by MYAC’ers. •MYAC wanted to Do the Right for the amazing Meridian employees who worked on Christmas. Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department Parks and Recreation Department: Resolution No. 16-1188: Adopting Meridian Parks and Recreation Commission's 2017 Pathway Priority Task List MEETING NOTES r �;�; Lip k� c. 1 r? 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 CITY OF MERIDIAN RESOLUTION NO. 16 - 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, ADOPTING THE 2017 PRIORITY TASK LIST FOR MERIDIAN PATHWAYS AS RECOMMENDED BY THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-4-2(7) charges the Parks and Recreation Conunission with setting priority to plans, recommendations and suggestions for the future growth and development pathways throughout the city, subject to approval by the Mayor and City Council; and WHEREAS, on December 14, 2016, the Commission unanimously voted to recommend to the Mayor and City Council that certain enumerated tasks be adopted as the City's priorities in improving the community's pathway system in 2017; and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to adopt such recommended priorities; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the tasks and priorities assigned thereto enumerated in the Resolution of the Meridian Parks and Recreation Commission, adopted by the Commission on December 14, 2016, and attached hereto as Exhibit A, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That the Director of the Meridian Parks and Recreation Department is authorized to carry out said tasks, in such manner and timeframe, and as allowed by the annual budget appropriations for the Parks and Recreation Department, per the discretion of the Director. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 3rd day of January, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of January, 2017. APPROVED: Mayor T��y de Weerd ®pORA ATTEST: q� CG r s� -9 , w C. y Co ,City Clerk L ao RESOLUTION ADOPTING MPR COMMISSION PATHWAYS 2017 PRIORITY TASK LIST Page 1 of 2 EXHIBIT A COMMISSION RESOLUTION - 2017 PATHWAYS PRIORITIES RESOLUTION ADOPTING MPR COMMISSION PATHWAYS 2017 PRIORITY TASK LIST Page 2 of 2 EIDIAN�-- PARKS AND RECREATION COMMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, ESTABLISHING COMMISSION RECOMMENDATIONS REGARDING PATHWAYS DEVELOPMENT PRIORITIES. WHEREAS, the Commission finds that providing opportunities for safe, fun, interconnected foot and bicycle travel is in the best interest of the health, safety, and welfare of the people of Meridian; WHEREAS, Meridian City Code section 2-4-2(7) charges the Commission with setting priority to plans, recommendations and suggestions for the future growth and development pathways throughout the city, subject to approval by the mayor and city council; and WHEREAS, the Commission has undertaken site visits to pathways systems throughout the City and has studied the Pathways Master Plan and concluded that by assigning improvement and development priorities as set forth herein, the City can maximize connectivity between pathways and parks within the City of Meridian and capitalize on opportunities to connect large pathway segments; NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That as soon as resources and/or opportunities become available, the City should undertake the following activities, listed in order of urgency and importance to connectivity: 1. Goal: Secure easements, permits and construct the portion of the proposed Five Mile Creek Pathway Segment H2 that will run between Badley and Fairview Avenues. Purpose: Complete the Five Mile Creek Pathway segment to the north to connect existing neighborhoods and commercial centers building on the success of the Bud Porter Pathway. 2. Goal: Secure easements, permits and construction documents for the first half mile of the Meridian Rail -With -Trail. Actively seek easements and permits needed to extend the pathway beyond the first half mile. Pursue pathway funding opportunities based on these easements. Purpose: Create a major regional pathway connection using the existing railroad right-of-way that connects downtown to the Eagle Road area, Ten Mile area, and beyond to the edge of Meridian's area of Impact east and west. 3. Goal: Secure easements for the Five Mile Creek Pathway from Black Cat Road to Eagle Road. These easements will allow specific funding requests for pathway projects on an annual basis. The FY16 project encompasses pathway segments D, F, RESOLUTION OF PARKS & REC. COMMISSION - 2017 PATHWAY PRIORITY TASK LIST PAGE 1 OF 2 G, H, and I. Utilize the secured easements in segments F, G & H to construct widened sidewalks between existing sections of multi -use pathway in FYI 6. Purpose: Create a fully connected spine pathway across the City's area of city impact area. 4. Goal: Pursue and secure additional funding sources for future multi -use pathway projects. Purpose: Minimize the impact of multi -use pathway development and construction on City resources. 5. Goal: Develop a comprehensive pathway network informational, directional and interpretive package including signage, distance markings and a parks & pathways guide. Purpose: Provide park and pathway user assistance with point specific information to improve functionality and safety. 6. Goal: Partner with the Ada County Highway District (ACHD) and Meridian Development Corporation (MDC) to foster connection of the Five Mile Creek Pathway to Downtown via Pine Avenue and other roadways. Purpose: Provide pedestrian and bicycle connections between the City's pathway network and the downtown core. 7. Goal: Foster a partnership with the City of Eagle in pursuit of a pathway connection between the future Meridian park property adjacent to the Boise River, Eagle Island Park and the Boise River Greenbelt. Purpose: Provide a pedestrian and bicycle connection to other regional parks and pathways. 8. Goal: Update the Pathway Master Plan annually to reflect new information, completed projects and changing conditions. Purpose: Provide an accurate reference to guide future pathway development opportunities and illustrate current pathway conditions. 9. Goal: Explore opportunities to build a pathway along Locust Grove Road to Chinden, connecting to Eagle's pathway system and the greenbelt. Purpose: To connect Meridian to the Boise River Greenbelt. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Parks and Recreation Commission of the City of Meridian, Idaho, this 14th day of December, 2016. APPR VED: Creg eele, President Park and Recreation Commission RESOLUTION OF PARKS & REC. COMMISSION - 2017 PATHWAY PRIORITY TASK LIST PAGE 2 OF 2 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department Parks and Recreation Department: Resolution No. 16-1189: Adopting 2016 Meridian Pathways Network Map MEETING NOTES uy 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. /6 , /i 9 y 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, AMENDING THE PATHWAYS MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-4-2(A)(11) charges the Meridian Parks and Recreation Commission with reviewing and commenting on the City's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes, by reference, the Pathways Master Plan; WHEREAS, City staff from the Parks and Recreation Department reviewed and analyzed the Pathways Master Plan, compared the information contained therein to on -the -ground conditions, determined that the Meridian Pathways Network Map contains some outdated and/or inaccurate information, and proposed amendments to be incorporated into the Pathways Master Plan; WHEREAS, on December 14, 2016, by resolution, the Parks and Recreation Commission directed the Parks and Recreation Director to request that the City of Meridian City Council implement the amendments to the Meridian Pathways Network Map as set forth in the staff report, attached to the Commission's resolution as Attachment 1 thereto; and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to implement such amendments to the Pathways Master Plan; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the amendments to the Pathways Master Plan as set forth in Attachment 1 to the Commission's December 14, 2016 resolution, attached hereto as Exhibit A, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 3 day of ,Ccnl U , 20x6. hof `7 APPROVED by the Mayor of the City of Meridian, Idaho, this 3 day of S CSN cJG�rt , , 2V6. X1.7 APPROVED ,'L C;jL ayo��7`a�limy de Weerd ATTEST: 1 Ilj W IqN By: 2 SE it Clay C s, City Clerkpo,,� RESOLUTION ADOPTING PATHWAYS MASTER PLAN AMENDMENTS Page 1 of 2 EXHIBIT A Resolution of the Parks & Recreation Commission RESOLUTION ADOPTING PATHWAYS MASTER PLAN AMENDMENTS Page 2 of 2 �E IDIAN�- PARKS AND RECREATION COMMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, RECOMMENDING THAT THE PATHWAYS MASTER PLAN BE AMENDED. WHEREAS, Meridian City Code section 2-4-2(A)(11) charges the Commission with reviewing and commenting on the City's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes the Pathways Master Plan; and WHEREAS, the Parks and Recreation Department and Commission have reviewed and analyzed the Pathways Master Plan, comparing the information contained therein to on -the - ground conditions, and determined that the revisions incorporated herein as Attachment 1 are necessary to improve the Pathways Master Plan and future network; and WHEREAS, the Commission finds that providing opportunities for safe, fun, interconnected, and convenient foot and bicycle travel is in the best interest of the health, safety, and welfare of the people of Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Parks and Recreation Director shall request that the Meridian City Council adopt the amendments to the Pathways Master Plan as set forth in the update incorporated herein as Attachment 1. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Parks and Recreation Commission of the City of Meridian, Idaho, this day of December 14, 2016. APPROVED: Creg eele, President P s and Recreation Commission RESOLUTION OF PARKS & REC. COMMISSION - AMEND PATHWAYS MASTER PLAN PAGE 1 OF 2 ATTACHMENT 1 RESOLUTION OF PARKS & REC. COMMISSION - AMEND PATHWAYS MASTER PLAN PAGE 2 OF 2 Meridian Pathways Network Map 1 1 1 CHINDEN 1 i W U)MCMILLAN Q U LAKE HAZE 10 I CHERRY Legend Pathways Other Existing Pathway Proposed Pathway Future Transit Station --- Alternative Route - Park —•— Long -Term Route O School On Street Route Area of Impact 0 0.5 1 r h 2 III Miles i 1 1 1 1 1 1 1 777 i 1 wF iytT 1 1 e T 1 1 1 1 1 1 1 1 •40 so 1 OLUMBI 1 1 1 1 1 Adopted Dec 2016 Meridian Pathways Network Map 'ter, EXHIBIT 1 1 CHINDEN V f w W1MCMILLAN Q U 11 CHERRY E 1-I jIL 1 a� Amended Pathway Segments Dec 2016 0 0.5 1 2 Miles J Legend Pathways Other — Existing Pathway Future Transit Station Proposed Pathway —•—• Alternative Route - Park •— Long -Term Route O School On Street Route rr-1 — Area of Impact - 11 CHERRY E 1-I jIL 1 a� Amended Pathway Segments Dec 2016 0 0.5 1 2 Miles J 1 >t - 1 � 1 1 f ; 1 1 1 1 f� 3 LU 1 - 1 1 OLUMBI 1 1 � Adopted Dec 2016 Caine J__ Chin 0 LLI `� Heston C 0 M � -Bacall Meridian Loop - Paramount to Meridian Rd. Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Director St. connecting Linder Road and Meridian Road through the Paramount development. The connection has also been realigned to reflect the pathway following Director St. to Meridian Road to Chinden Blvd. Feet 0 150 300 600 900 1,200 cc c m Legend Existing Pathway Proposed Pathway ------° Alternative Route -•-•- Long -Term Route On Street Route 2016 Meridian Pathways Network Map Amendment EXHIBIT 2 (A) Chinden Everest x_ _ Three Corners -; N -- - --� \/ N W - a Townline _- o` L Karen Cn o Tallinn � [_Golden _ Oak m - T-1 II II rn Pas =� - M _ acana '\d Commander W _- arjD I I I LI'd 2 Aza n N = Lf N �TUtt1e -- - -__ °' Segund CL �c _-- 3 Cn - o!�f- San Pedro _17 0 _ E Handel c� i — - .0 Handel . o � Z; �' .0 CU r cp0n o- -Q �� o° � �— � s Mozart vi I�m �1 a. _ CU 4_;EWT Strauss I I. Ji trauss Meridian Loopl - Locust Grove/Chinden Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Locust Grove Road to McMillan Road and to reflect a desired pathway connection along Locust Grove from Segundo Street, north to Chinden Blvd. t] Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend — Existing Pathway Proposed Pathway —•---•• Alternative Route —•—•— Long -Term Route On Street Route EXHIBIT 3 (B) i cl)M McMillan a/dUCo/ \ 0 orana ---_ i Lesina Nourse Lateral - Lemp Canal Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along the Nourse Lateral connecting Ten Mile Road and McMillan Road through the Cottonwood LLC development. f] Feet 0 100 200 400 600 800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -----•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 4 (C) `--_ ------ Astont'e > Z Piazza rn l _ L Monumen Ma,.aca Y_ _ r > Bell agio > CU + >, 67C > _U Nourse Lateral - Decator Estates Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect removal of an alternative route pathway connection along the Nourse Lateral connecting Linder Road and the Bridgetower Subdivision through the Decator Estates development. Feet 0 100 200 400 600 800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway —� Proposed Pathway --•-•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 5 (D) Lemp Canal - Tustin 2 Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along the Lemp Canal north of McMillan Road through the Tustin 2 development. Feet 0 100 200 400 600 800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -•----° Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 6 (E) o o (6 _' E a� Yucca Canyon J McMillan — 0 U L ..0 1 E Territo Lemp Canal - Tustin 2 Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along the Lemp Canal north of McMillan Road through the Tustin 2 development. Feet 0 100 200 400 600 800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -•----° Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 6 (E) �I _Weadow Creek FF v c M J!Se HRoaring Creek - edwick— a J V (n G N O Millan- -C a� Mountain Man FQ i� `.l Meridian Loop - McMillan Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along McMillan Road to the Settlement Bridge development. Feet 0 100 200 400 600 800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -•-•-•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 7 (F) Fairview CU co 'DIC N :Gruber ,, Five Mile Creek - Segment G Revise the map on 4-3 (Meridian Pathways Network Map), to reflect removal of the "Long-term Route" pathway alighnment as the existing multi -use pathway has been fully constructed between Fairview and E. James Court via N. Lakes Place. Feet 0 150 300 600 900 1,200 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -•---• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 8 (G) �- Ustick -� I C 0 a � C a� U a) /--Picard.--.CD Cr , n Seville � m c� I �o W Bourbon ;- Meridian Loop - McMillan Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along the South Slough to Eagle Road through the Bienville development. 0 Feet 0 100 200 400 600 800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -•----• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 9 (H) ':'nH�p ran Frr — llli „lams1�Jul h�dL C z Scen ry _... s Barrett .a� Fulmer Autumn p � _ � ark 1 Schill - ataover -C Pennwoo �- Gem Pennwood - - - _-.__. Wate ower - -Corporate t a � - _ ..Loon - Walt an �. �� c \1 L n V J W Central 84 c _ N - -°' cu N Overland CD Meridian Road - Overland to Franklin Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Meridian Road connecting Overland Road and Franklin Road via the Meridian Road Interchange. Feet 0 350 700 1,400 2,100 2,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -•----- Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 10 (1) Davenpo �.`ED �_ rn American Fo k o Elias Woodington r- ris'topher Q) CU �J C O o �r F As e n C ve `ey. o s I .ear Traa �l U Bear Track CU -4 — - - - G JZJJo Ridenbaugh Canal - Fall Creek Sub Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a re-routing of the canal pathway from Stoddard Road to Linder Road through the Fall Creek Subdivision and to reflect a recently completed pathway connection along Kodiak St. Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -----•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 11 (J) Ll L Y ca ` U) C -d 03 Lake Ceek r m Loggers Pass - i4 m 0 Oakbrook UI Cn - =3 I' Sagemoor o CU i L CU Q z Observation - - - — Victory 0 C: Cni Pienza d Ten Mile Creek - Kachina Estates Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Ten Mile Creek through the Kachina Estates development north of Victory Road, west of Locust Grove. f] Feet 0 100 200 400 600 800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway ------• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 12 (K) Pipeline Pathway - Victory/Linder Roads Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a re-alighnment of the proposed pathway along Victory Road and Linder Road frontages instead of two arterial road crossings near the intersection. This will require pedestrian crossings at a signalized intersection in the future. Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -•-•-®• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 13 (L) Verneal 1 U Ca CU � � ni LL F� LL %e' Q victO C1 - N _[ J' i I Pipeline Pathway - Victory/Linder Roads Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a re-alighnment of the proposed pathway along Victory Road and Linder Road frontages instead of two arterial road crossings near the intersection. This will require pedestrian crossings at a signalized intersection in the future. Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -•-•-®• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 13 (L) Ridenbaugh Canal - Reflection Ridge Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along the Ridenbaugh Canal extending through the Reflection Ridge development. Feet 0 150 300 600 900 1,200 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway ------- Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 14 (M) e qj E % �� Beatrice,—,Y ybalt eetr�` CD j Q � '7� kul ME A M. ION oo• d Deerhill7J _ Ra usa CU Ten Mile Creekl - Tuscany Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Ten Mile Creek connecting Bellingham East Sub to Amity Road through the Tuscany development. Also reflects removal of an on -street route no longer needed due to surrounding pathways. Feet 0 225 450 900 1,350 1,800 Z J N Fr_ate(I_o 0 r%'Ori Ragus Legend Existing Pathway Proposed Pathway -----•• Alternative Route -•-•- Long -Term Route On Street Route 2016 Meridian Pathways Network Map Amendment EXHIBIT 15 (N) Rumpel, t -_-- R Radan.t_R g C s CU tR;dge Farr Lateral - Reflection Ridge Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Crest Ridge Drivel extending through the Reflection Ridge development connecting Meridian Road to Mary McPherson Elementary on Amity Road. Feet 0 150 300 600 900 1,200 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway -4-•-•° Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 16 (0) Meridian Loop - The Oaks South Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect the re-routing of the pathway connection along the Oaks South collector roadway connecting McMillan Road to Ustick Road. Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway -- Proposed Pathway -•-•-•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 17 (P) McMillan c. _° _ Los Flores -v j o suintc le = — Astonte W ._� o°Tbra) a ri f f — .c i _ 1L� l I co 11 47 �I U RJ _ m 6 i Beck ..—� Meridian Loop - The Oaks South Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect the re-routing of the pathway connection along the Oaks South collector roadway connecting McMillan Road to Ustick Road. Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway -- Proposed Pathway -•-•-•• Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 17 (P) ID o i njFIse -o Ph lornena n, � lm - Q � 27 j M ;' Av lla o Ci o CD a� w' `m IDar hne _ 4 McMillan `- Los F191es fLos Flares Meridian Loop - The Oaks North Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect the re-routing of the pathway connection along the Oaks North collector roadway connecting Black Cat Road to McMillan Road. Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway ------° Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 18 (Q) f tQ Vanderbilt- N Vanderbilt U) U Wapoot -.-_ itano o Daphne j Daphne a _ r_ Riva Capri Meridian Loop - Vicenza Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Gondola Drive connecting Black Cat Road to Ten Mile Road through the Vicenza development. Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway ------° Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 19 (R) a 0 McMillan Meridian Loop - Vicenza Connection Revise the map on 4-3 (Meridian Pathways Network Map), to reflect a recently completed pathway connection along Gondola Drive connecting Black Cat Road to Ten Mile Road through the Vicenza development. Feet 0 225 450 900 1,350 1,800 2016 Meridian Pathways Network Map Amendment Legend Existing Pathway Proposed Pathway ------° Alternative Route -•-•- Long -Term Route On Street Route EXHIBIT 19 (R) Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: $D PROJECT NUMBER: ITEM TITLE: Public Works Department Public Works Department: Construction Contracts and Task Orders for the WRRF Liquid Stream Capacity Expansion Project 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: January 3, 2017 ITEM NUMBER: 8E PROJECT NUMBER: ITEM TITLE: JC CONSTRUCTORS, INC. Award of Bid and Approval of Construction Contract to JC CONSTRUCTORS, INC. for the "WRRF Liquid Stream Capacity Expansion" project for a Not -To -Exceed amount of $35,565,000.00 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 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 12/16/2016 Re: January Td City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 3rd City Council Agenda under a Public Works Department Report for Council's consideration. Award of Bid and Approval of Construction Contract to JC CONSTRUCTORS, INC. for the ' WRRF Liquid Stream Capacity Expansion" project for a Not -To -Exceed amount of $35,565,000.00. Recommended Council Action: Award of Bid and Approval of Contract to JC Constructors, Inc. for the Not -To -Exceed amount of $35,565,000.00 and authority to expend $9,500,000.00 in fiscal year 2017. Thank you for your consideration. 0 Page 1 E IDIAN*,,-..---.,, Public IDAHO Works Department TO: Keith Watts FROM: Emily Skoro Staff Engineer II DATE: 12/5/2016 Mayor Tammy de Weerd City Council Memberft Charlie Rountree Keith Bird Joe Borton Lube Cavener Genesis Milam David Zaremba SUBJECT: WRRF CAPACITY EXPANSION CONSTRUCTION PROJECT; CONSTRUCTION CONTRACT 10601D WITH JC CONSTRUCTORS FOR AN AMOUNT NOT TO EXCEED $35,565,000.00. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Assistant to City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Interim PW Director 985-1257 II. DESCRIPTION A. Background Council approved the final phase of the Liquid Stream Capacity Expansion design project in January of 2016. The project will allow that the WRRF to meet future capacity demands as the City continues to grow, as well as completing the first phase of upgrades required to meet the new regulations set forth in our NPDES permit. B. Proposed Project The construction project is necessary to increase plant capacity to accommodate future growth and maintain compliance of the current NPDES permit. The existing Wastewater Resource Recovery Facility does not have the capacity to meet the proposed effluent targets in the NPDES permit. The construction project includes: • Site improvements, access, grading and utilities • Primary clarifier nos. 5 and 6 • Primary sludge/scum pump station • Aeration basin no. 5 thru 8 and associated mixed liquor conveyance channels • Secondary clarifier splitter box Page 1 of 3 • Secondary clarifier nos. 6 and 7 • RAS transfer pump station • RAS/WAS channel no. 2 and associate RAS/WAS pump station • Aeration blowers building no. 2 • Chemical addition building no. 2 • Expansion of the facility instrumentation and control system III. IMPACT A. Fiscal Impacts The project is under the WRRF Capacity Upgrades enhancement. The enhancement value is currently $44,479,699.00 for FY 15, 16, 17, 18, and 19. The enhancement value for FY17 is $11,335,000. B. Project Costs: ---------------------------------------,------------------------------- Fiscal Year 2017 -----------------------------, Account Code / Co_d_es Costs Construction Contract 60-3590-96151 - $9,500,000.00 Engineering Services During 60-3590-96151 --- $491,259.00 Construction ----------------------------------------------------------------------------------------------------- Special Inspection 60-3590-96151 $333,107.00 Survey Staking; 60-3590_-96151 $16,500.00 ----------------------------------------- Total ------------------------------- ------------------------------ $10,340,866.00 ------------------------------------------------------------------------------------------------------- Fiscal Year 2018 ---------- Construction Contract; ------------------------------ ------ 60-3590-96151 ------------------------ ------- $18,000,000.00 -- ------, Engineering Services During 60-3590-96151 $587,569.00 Construction ----------------------------------------------------------------------------------------------------a Programming (estimated) 60-3590-96151 -------------------------------- $500,000.00 PLC Hardware (estimated) --------------------------------------------------------------------------------------------------------- ------------------------------- 60-3590-96151 $325,000.00 ----------------------------------------- Total$19,412,569.00 ------------------------------------------------ - ----------------------------------------- Fiscal Year 2019 ------------------------------------------------------------ - - - ------------------- Construction Contract_ ------------------------------'----------------------------- 60-3590-96151 ; $8,065- 000.00 Engineering Services During ------------------------- --- 60-3590-96151 $384,407.00 Construction -------------------------------------------------------' Programming (estimated) ----------------------------; 60-3590-96151 $750- 000.00 --------------------- -------------------------------------------------------------------------------- - - - - ---- --------------------------------------- Total ; --:---------------- $9,199,407.00 ------------ Total Project Cost; $38,952,842.00 ------------------------------------------------------- Page 2 of 3 C. Available Project Funding '--- ----------------------------- ,---------------------------- ----- --- --------------------------------- � Fiscal � /�uoonz�Code /(�odoo �__----_------------------ ------------------------------------- �/�lIJ � 35q0 -q615} / $444,699. 00 ---_------_--_--''------------__---^-_----------,-_---. |F}16 | 3590-96151$ 2,900,000.00 �________________+__-----_---_-----�-----_-----''--_--� �F}717 3590-96151 $11,335,000.00 c� |----------------�-----------------�-------'����_----- �Fy78� 3500-46l5] � ��,00000� ^----_-__------_^-----_--------_.^.._--_-_--'-------. �J�}��> � 3���-V�/�l � ��[}��`� ----__-------_--__----__--_---_----------_-__---- � Tota] Funding J 69900: D. Alternatives The City could choose not to approve the construction noobuot and not move forward with the project. E. Time Constraints Because time is of the essence, not moving forward with this ooDahnutiou contract may impact the (9fv"u ability to eonozoozodu±e future growth and ability tomeet the proposed effluent targets iothe NPTJES permit. . Departmental -_--_'-pp--v--. Page 3 of 3 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 12/5/2016 REQUESTING DEPARTMENT Public Works Dept Project Name: WRRF Liquid Stream Capacity Expansion Project Manager: Emily Skoro Contract Amount: $35,565,000 Contractor/Consultant/Design Engineer: Jim Cox/JC Constructors Is this a change order? Yes ❑ No ❑� Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available (Purchasing attach report): Department 3590 Yes 0 No ❑ Construction 0 GL Account 96151 FY Budget: $11,335,000 Task Order ❑ Project Number: 10601 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes ❑ No ❑ Grant ❑ IV. GRANT INFORMATION - to be completed only on Grant funded projects Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) N/A N/Aq N/A N/A Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP / RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 0 NO ❑ (Ratings Attached) Yes ❑ No Date MSA Roster Approved: Typical Award Yes 0 No ❑✓ If no please state circumstances and conclusion: This contract will be split over 3 fiscal years. Date Award Posted: 11/4/2016 7 day protest period ends: November 21, 2016 VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License 14336-u-1,2,3 Expiration Date: 6/30/2017 Corporation Status Goodstanding Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): 12/23/2016 Rating: A+ Builders Risk Ins. Req'd: Yes ❑ No ❑ If yes, has policy been purchased? (Only applicabale for projects above $1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Qua Iity of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel F1 4 Local of personnel Description of negotiation process and fee evaluation: The Public Works Department went through a pre -qualification process prior to the Capacity Expansion project going out to bid. The City reviewed eight applications. Six of the eight applications were pre -qualified to bid the project. The bid information was sent out to all six qualified bidders and five of the contractors submitted bids. The low bid was JC Constructors. Three of the bids were very close ranging from $35,565,000-$36,012,000. The other bids were $38,646,962 and $39,652,000. Warren Stewart ter Supervisor Name VIII. AWARD INFORMATION Date Submitted to Clerk for Agenda: December 29, 2016 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) Date Contract Request Checklist.5.24.2016.Final �E IDIAN:--- BID RESULTS BID NAME: WRRF LIQUID STREAM CAPACITY EXPANSION DUE DATE & TIME: NOVEMBER 4, 2016 2:30 BID NUMBER: PW -1655-10601.D ARCHER WESTERN CONSTRUCTION X X X ft f X ft X X X $39,652,000.00 E E E E E E THE EWING COMPANY X C c c c c C C o X X $35,604,700.00 VENDOR TOTAL BID AMOUNT JC CONSTRUCTORS X X X X X X X X X cn $35,565,000.00 ARCHER WESTERN CONSTRUCTION X X X X X X X X X X $39,652,000.00 THE EWING COMPANY X X X X X X X X X X $35,604,700.00 JC CONSTRUCTORS X X X X X X X X X X $35,565,000.00 MCALVAIN CONSTRUCTION X X X X X X X X X X $36,012,000.00 RSCI X X X X X X X X X X $38,646,962.00 Opened by: Keith Watts Attest: Sandra Ramierz CONTRACT FOR PUBLIC WORKS CONSTRUCTION WRRF LIQUID STREAM CAPACITY EXPANSION - CONSTRUCTION PROJECT # 10601.D THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 3r° day of January, 2017. and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JC Constructors, Inc., hereinafter referred to as `CONTRACTOR", whose business address is 1305 E. Columbia, Road, meridian, ID 83642 and whose Public Works Contractor License # is PWC -C -14336-U. 1, 2, 3. 5. INTRODUCTION Whereas, the City has a need for services involving Waste Water Treatment Facility Construction; and WHEREAS, the Contractor is specially trained. experienced and competent to perform and has agreed to provide such services. NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained. the parties agree as follows.- TERMS ollows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and fumish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects as specified in the document titled 'Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents. drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor, provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to audxme others to do so_ If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free.. non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Cordractor shall provide services and worts under this Agreement consistent with the requirements and standards established by appk:able federal, YMRRF L1("D STRz:Z=V CAPACTY EXPANSION - CDNSTRUCEON paw ! of 15 Pn)pd 10601 D state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit E 'Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $35,565,000.00- 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor_ 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups_ Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime. health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever 3. Funding: Funding for this project will be split between three fiscal years, 2017 (Oct. 2016 — Septt 2017) $9,500,000.00. 2018 (Oct 2017 — Sept_ 2018) estimated at $18,000,000.00 and 2019 (Oct.. 2018 — Sept_ 2019) estimated at 58,065,000.00 The amounts estimated beyond the 2017 fiscal year have not yet been appropriated by the City_ Contractor may NOT expend more than the amount specified and approved for a spec&c fiscal year- Any and all addMonal expenditures beyond the WRRF ")UID STREAM CAPACRY EXPANSION - cohISTR+t1CTroN page 2 of 15 IPropta 10601 D current fiscal year MUST be approved by City Council and memorialized by a written amendment or change order to this Agreement. 4. Term: 4.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 4.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 4.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. Liquidated Damages: There are 10 milestones stated in the Milestone/Payment Schedule. Contractor shall be liable to the City for any delay for Milestones 1-8 beyond the stated time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty Substantial Completion shall be accomplished within 854 (eight hundred fifty four) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract_ Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty_ Upon receipt of a Notice to Proceed, the Contractor shall have 896 (eight hundred ninety six) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period m the amount of 5500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in fieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantiae Completion_ 1NRRF LKXM STREAM CAPAGTY EXPANSION - CONSTRUCTION page 3 of 15 Projeci 10601.m 6. Termination: 6.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 6.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages 7. Independent Contractor: 7.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A. Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City_ The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the C"- 72 ITY_ 72 Contractor, its agents. officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as irldependerd contractors and not as employees of the City_ 7.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement. shall not be subjected to City's control with respect to the physica' action or activdies of NRRF LIQUID STREAM CAPACITY EXPANSION - CONSTRUCTION aage 4 or 15 Propid 101501 a Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. B. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 9. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 10. Indemnification and Insurance: 10.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees. guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically_ agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 .000,000) per incident or occurrence, Automobile Liability Insurance One Million' Dollars ($1.000.000) per incident or occurrence and Workers' Compensation Insurance. in the statutory limits as required by law_. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY: and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses. claims. actions. or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or ContractWs officers. employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property. including use of CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's olblkjabons under this Agreement. In the event the insurance minimums are MOW LKXX0 STREAU CAPAWY EXPANSKM - UNSTRUCTON page 5 of 15 Pr pd 106010 changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 10.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 10.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials. employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 10.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein_ 10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 11. 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. 12. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho_ In the event that the contract is subsequently terminated for 91GIRRF LIQUID STREAM CAPACITY EXPANISM - CONSTRUCT10N page 6 or 15 Propecf 10601 D failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 13. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City s acceptance of the corrected work. 14. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 15. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stonmwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (SSCP) as specified in the City of Meridian Construction Stomrvater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address_ htt://www.meridiancit .or lenvironmental.as x?id=13518. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, geld inspections and amendments- Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review- A completed Contractor Request to File Project N.O.T_ with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project_ VVRRF LKKAD STREAM CAPACITY ExPA OKW - GONSTRUCTHA page 7 of 15 Proms 106DI 17. ACRD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 18. Reports and Information: 18.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 18.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 19. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices. materials, payrolls, records of personnel. conditions of employment and other data relating to all matters covered by this Agreement. 20. 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 unrestrided auttxirity to publish, disclose and otherwise use, in whole or in part any reports, data or other materials prepared under this Agreement. 21, Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisic of Title Vl and NII of the Civil Rights Act, Revenue Sharing Act True 31, U -S_ Code Section 2176_ Specifically. the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Conbactor will take WRRF o STREAM CAPACITY EXPANSION - CONSTRUCTIONS page 8 or 15 pmpa loam D affirmative action during employment or training to insure that employees are treated without regard to race color. religion sex, national origin age. political affiliation. marital status, or handicap In performing the Work required herein. CONTRACTOR shall not unlawfully discriminate in violation of any federal. state or local law, rule or regulation against any person on the bass of race, color, religion sex national origin or ancestry age or disability. 22. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorneys or the opportunity to seek such advice. 24. 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 25. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable such hold ing 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 26. Waiver of Default - Waiver of default by either party to this Agreement shalt not be deemed to be waiver of any subsequent default. Wainer or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach. and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 27. Entire Agreement: This Agreement contains the entre 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 'hRRF LIQUID STREAM CAPACITY EXPANSION-'CONSTRlUCTION page 9 01 sS Pmpa 10601 D 28. Assignment: It is expressly agreed and understood by the parties hereto that CONTRACTOR shall not have the right to assign transfer. hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement. the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission 30. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed 31. Order of Precedence: The order or precedence shall be the contract agreement. the Invitation for Enid document then the winning bidders submitted bid document 32. Compliance with Lawns: In performing the scope of work required hereunder. CONTRACTOR shall comply with all applicable laws. ordinances. and codes of Federal, State and local governments 33. 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 34. 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 folkyws: 1WRRF LJOUID STREAM C.APAWY EXPANSJON - CONSSTTRUCTM page 10 of 15 Propa 10601 D CITY CONTRACTOR City of Meridian JC CONSTRUCTORS, INC Purchasing Manager Attn: Jim Cox 33 E Broadway Ave 1305 E. Columbia Rd Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-850-1375 Email, jim@jccboise.com Idaho Public Works License # PWC -C -14336-U-1, 2, 3 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. 35. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY TAMMY de RD, MAYOR Dated OL 1 Approved by Council 1 f Attest CJ COL`ES, 01AY CLERK Purchasing Approval i BY KEITH WATTS Purchasing Manager JC CONSTRUCTORS, INC. JIM COX O NER Dated: / Z ( /7 v 0l L 7 u� o >a NEASI/ ent A V I BY; WARREN STE ART, City Engineer Dated %/ c� Dated 1 L'- 7 Z-1.. Project Manager E*mr ,j Skoro 3°r':FMF LIQUID STREAM CAPACdTY EXPANSKM - CONSTRL)CInON page 11 C4 95 FroI,ea 19W1 D EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1655-10601.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1655-10601.D, and the attached Line Item Price Schedule (Exhibit C) are by this reference made a part hereof. SPECIFICATIONS 1 SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC). the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Technical Specifications and Drawings by Brown $ Caldwell dated August 2016 o Vokume 1 (518 pages) o Vokimne 2 (370 pages) o Vo?:.—e 3 (438 pages) o Vous. —e 4 (474 pages) o Von' — e 5 (342 page) a VO4.Me 6 (168 pages) o VoA.-~e 7 (164 pages' o Vok -e 8 (209 pages) o V6L: e 9 (111 pages) WRR1F LIQUID STREAM CAPACITY EXPANSION - CON.S'TRUCT1o61 pop 12 of 15 Pr WC 10W1.D A. Milestone 1 Milestone 2 Milestone 3 Exhibit B MILESTONE I PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed '835,565,000.00. MILESTONE DATESISCHEDULE _ - - 7 Days prior to Preliminary Schedule of Values, Schedule of Submittals and 7 Days prior on Construction Schedule Owner -Accepted Schedule of Values, Schedule of Submittals and Construction Schedule Approval of Key Submittals Milestone 4 1 Approval of Balance of Submittals Milestone 5 Meetinq 28 Days from Notice to Proceed 364 Days from Notice to Proceed 546 Days from Notice to Proceed Approval of Operation & Maintenance Manual Submittal ' 700 Days from Notice to Proceed Milestone 6 New Liquid Stream Facilities and Equipment Fully Tested 784 Days from and Commissioned - - - - Notice to Proceed Milestone 7 Existing Liquid Stream Interconnections Fully Tested and 826 Days from Commissioned Notice to Proceed Milestone 8 Approval of Project Record Documents and Drawings 840 Days from Notice to Proceed Milestone 9 Substantial Completion 854 Days from Notice to Proceed - Westone 10 - -- Final Completion 896 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor.. materials, equipment. and incidentals as required for the WRRF LIQUID STREAM CAPACITY EXPANSION per IFB PW -1655-10601.D NOT TO EXCEED CONTRACT TOTAL.. ..................... S35,5&5_000.00 Contract is a not to exceed amount. Line item pricing bekrw will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule item No. Deser4nion Quantitty___-Unit Unit Price 1 i General SO Work t_5 $10,760,000 WRRF t KXXD STREAM CAPACITY EWANSK N - CONSTRUCIVN page 13 of 15 Pfopd 10601 D 2 Primary Clarifier 5 1 LS $1,250,000 3 Pnmary. Clarifier 6 1 1 LS $1,250,000 4 Primary Sludge Pump Station 1 L5 $1,350,000 5 Aeration Blower Buildinq 2 1 LS $3,300,000 6 Aeration Basins 5-8 7 Aeration Basins 9-12 Channel 1 1 LS Ls $6,920,000 $4'90•0W S Chemical Feed Building 2 1 LS $1,425,000 9 Secondary Clarifier Splitter Structure i LS $760,000 10 Secondary Clarifier 6 1 LS $1,465,000 11 Seconds Clarifier 7 1 L5 $1,495,000 12 RAS Transfer Station 1 LS $1,340,000 13 RAS/WAS Station 2 1 LS $3,760,000 *RRF LMUuO STREAM CAPACITY EXPANSION - page 14 of 15 Pwjec1106010 EXHIBIT C LINE ITEM PRICE SCHEDULE The following Line Item Schedule of Values may updated by written contract amendment if mutually agreeable to both parties WRRF LK)UW STREAM CAPACITY ERPANSON - CONSTRUCT101N page 15 of 15 PropBCt 10501 D EXHIBIT C LINE ITEM PRICE SCHEDULE WRRI` LIQUID STREAM CAPACITYI EXPANSION BID NUMBER PW -1655-10601.D TO BE COMPLETED BY THE APARENT LOW BIDDER ONLY LINE ITEM PRICE SCHEDULE ITEAA DESCRIPTION N ' hrt PRICE EXTENDED PRICE 1 Genera& CwWrWns 1 Requirements LS 53.500.06:. $3.500.0 2 MAobd zaUon r Demobihzabon LS $500 0C, 5500.000 3 Storm Wager Poauuon Prerenten Plar LS $23 OOz: 523.000 4 StatM¢ed Construction Entrance EA $5.000 $10.000 5 niet Protecbon EA S1 000 S5,000 6 Feber Rail (straw Walla) LF $10 $5.000 - Sin Fence LF $10 55.000 8 LS $456.000 $456.000 S Communication - PaiI Box/V" EA $3,000 530.000 10 Power - PL41 BoxNuR EA $3 000 $30.000 11 Control - Pull BoxtVaulf EA S3.000 530.000 16 Trandfonner Pad EA S2. SW 515. DOC 13 hi Poles - dxJudmg heads and bases EA S8 DDD S25---- 25---14 14 Receptades on Light Poles EA. $2. DDD $10 DOC 15 i' Condud LF $15 S35D.000 F 2' Conduit LF $12 $300.000 1' Conduit _ _ LF S10 _ 5215 OOt_ 18 Condcm, r75KCAAiL(5" LF $a 19 ConduCtor - 0500KCMIL LF 58 S350.DOu 20 Cort hA=- 935DKC4rtIL LF $7 $=.DOD 21 ConduCmr-914 LF S6 $300,ODD 22 Conducsor - 510 LF $5 SM.= 23 Conductor -914 LF S3 $175.000 235 Card r - Type 9 (912) VFD Cable LF S3 S175.000 24 Cable - Fiber 0pbc i c $5 516O.OD0 25 Cablle - Twaatd Sf1ewled Triad S8 S150000 26 Cable -Tressed SNelded r ar LF S9 $750.00 27 1, aw W malwrta LF S25 SX0,000 28 1-112' AftfL Ac d LF S25 S30.OW 24 ' Centrale 330 $50,000 30 6'F S30 554000 31 36- Mored Sw $342-000 32 54" Mind Lopor 575 S342.DOD " N0M AaW $25 550.000 34 * Non 4NAable 'Aa6Lr L* S25 c : - DOD 35 't'tiaser LF sw - 36 Roaameo Wager LF sw 37 Plant Diann LF' Soo 53d.r�UL 3a P, Drar [3, LF WS S30000 3S P3artt DGM LF S25 530.000 40 ' E LF 560 $114 Dc EWI&m t LF $70 $88. ? - 42 EIA Lent LF 5120 345E 43 12' SUM Drat LF 3G21:1 sm D:• 44 15' S&xm Dram LF $25 $2A.00O 45 61sklmDram LF SZD.000 46 3, Stc.m Drain LF s20 S=.O00 47 1-PaWbeVWaW LF S25 S2D,DW 48 ' Prt4aable nwer Lf 325 320.00O 4S ' Paable vwlw Lf 535 Sat1,DB10 5D + cele irL eclm §4O Sa0.0DO 5' pa=d* vulaw 52 - z'=Rbe Vomer - o'>amsed qn said VW pew SPVW Seclon 308 355 5w,wo 53 4' iilmmn. Aft ba"d StLdve, Lf 3SD $1x wo 54 36" 4Ya " Acbba d S4m*e S5=.= - - SS 30' ReLA'n Aclava d SlaVe LF 1 255 1 S1I36:3 L@D 56 1B' RALM Aa7rravd sudge LF $4a S3W DW 57 20' Rectum Activated Siudge LF S40 58 36' Primary 6nflueni LF $60 - 59 48'Pnmary E171uent LF S70 S -" " 6C 6' Pnmary Sludge LF 120 S20000 61 6' Fin Scum LF $20 $20.000 62 6' Secondary Scum LF 520 $20.000 63 10` Waste AMva*d Sludge LF I S25 $10.000 64 O'Sanaa Sewer LF S25 $10.000 65 8' Underdram LF S25 $100,000 66 Fire Hydrant EA 55,000 $25.000 67 Water Service Meier EA $1,010 510,000 68 Aeration and Air Pipe Bridge EA 550.000 $50,000 69 2' Aeraton Air LF 50 $20.000 7030' Aeration Au - S30 $20.000 71 24' Aerabon Air = 525 $20,000 72 16' Aeration Art LF S15 570.000 73 12'Agriaboiri Air LF $15 S10200 74 144" Eftientt Manhole - Standard Detail C00N EA 546.000 146.000 75 Seconday E11luentJunction Box _ LS 550.000 $50.000 76 Storm Dram Inlet Ca" Basin Type ill EA $5,000 520.000 77 8` Sewer Manhole EA $5.000 570,000 78 8" Underdram Manhole C - 510.wo 360.000 C1artaer Drain Vautt - Standard Detail C0005 EA 150.000 550.000 79 1n-Lne CtomK:w Diffuser in Precast Vault - Standard Detad 00009 EA 530.000 530.000 80 Che rucal Builidna Sume D== Connection in Precast Vault- Standard Desai C00CC EA 560.000 360.000 81 RAS 37nfiim P1aie in Precast Vault €A SIO wo $10,000 B2 Excavation Srxeddc - Cut / Fill ( Excess D+sposal and Gradog On-Sft $20 51,204.000 83 StamwraAer FnUtralldrt Fadden North and South inicluidmV site slope areas SIO 520.000 84 AsphaF. Full P&MV Smndad Section - Standard Detai 00006 $15 $150,000 BS E AsOW Sechon Removal and R $12 550.000 85 6' Vertu Curb" Gutser - iSPWC SD -701 S75 510.ODO 37 Val Grattan $70.000 88 Cortceie SK*PQ&$ SY $45 520.000 89 Gonocele Stags on Grade EA 57,000 55,000 90 Graney Landscipmg Chlon Pawed and Sloped Areasi amh Ceoildmde #ked Barran - Smndad D SY 580 55 v r 91 Finad Ste GraidrV and Resldraban SY $25 S20 L- 92 voutd;denier and s0ab for darif er, foundation for scum tartx) LS :50 000 S50 93 Urate %Wb Pninwy kdkxeni and Pnnwy Skqdge PwV LS .�-:c DXS6ii 00u 94 CaicnM Walls 4pwAry ClAnfler is icier. and strain brat) LS 53;)0.000 5300,000 95 Scab da f er and lsurtoer, atad i LS 5150,000 S150,000 96 Mim,4,accessstarrw 9jairdrail and ) LS 5120,000 $120,0001 97 Pr -nary CA -get Mac harnsm conVieW LS 5350 OW 5350.000 9B 111sdzla7*=6s PTdoesis UecharwNiil PprV SysWitis, and E (Vale. non-patade wow. LS 5150.000 5150.000 99 E110121C9 LS 5250 MC 525D,00D 1530 VA&LatteF111tr rt LS 5100 DOC. SICKOW 1DI !Fours ;oer'der aid slab tar p ima y .cwfr - flownUbw tar same boa) LS 5150 000 $593.000 102 jUndwsAab Pnirruirry tnftxers and . PWV LS 560.000 560.000 103 Coricrexe Waft (Pain rtr cWfw Aunider and scan fico) LS 5300,000 5300,W0 104 Corxaeae Slab (vin w7 c6Wer and launder, ffmJudffV proit syping atm levet ) LS 51SO,= 5150,01M 105 49etals (atmos sUits , pwarttal artd ) LS 5920.000 S120,0M 1a35 Pr CPariSd sin. LS 53550,000 $350 D-_ 197 Usicalarvows Psanoss YkdMarxica� P�Wn Syseerns and Eat prey t , rcrn-cci=re sane ed LS 5150,we SIS[ !D8 Elecricaw Is $250.000 S25G :_ I 3nsariatlnl n LS 5100:000 SIDO= mue.tad T Sas- sa': - :V-arY mom and smm bogy) _ S SWOM 5683 D": a - 553i.9300 112 Karciaiiia Pads and erpi yadtP and 0 kalcrr C+uAu $22,WB " - 113 C -cm* Willis. Columna: aro Berms (prinwry sludge Puri* radmt and arum bort) S ..= 5�- 114 Cmaaete Sighs nar.'eh rtc3se Yrar+dt drat, ed l tonna.. ^"rr1 z MK - t5 530.D0D 530.000 gtHYalts (CUU , xt aWn and ) LS SZO., wDD S90.P, 00Steel - wo 9". SODOM s4a 1S 5ts0,fe00 Sao= M ladder ! BVIANdsLS 55¢300 0005 4117 ,(�tR1lt81 x1�ns And tarees "I tArissam-) LS S'12 $12,0 a d #iar#9e6 1 S S$LSC 55.000A7, x �2 ,octncm LS 55 55.D00 Srape P r'ps 1.5 5450 DDD _ f45D,93AD 122 Primary Sl~ Grinders I LS $150.000 S150,DDO 123 Process Mechanical Pqxng Systems sludge pnmary scum. plant drain non- LS $200.000 S2DC D00 124 Process Mechanrrial E uiprnent (submersible sump pumps, ubi sumorn, PUMP seal &W SYS LS 5150.000 S' •_ : 000 125 HVACEquipnwi LS $75,000 $75000 126 Eleczncd LS 5200,000 $200.000 127 Instrumentabon $125.0:0 $125,000 128 Concrete Slab Yon grade and mat) 540.000 S40.000 124 lConCree Pads and Curbs blower aM equqrriefd pa" enUw*r suras) 55.000 55.000 130 Concrete walls I Dudd,ng wags - partW, air plenum walls) .S $35 535.000 131 Concerti Saab ;a r p erurn top and over roof deck ) LS 54C _ - 540.000 132 Concrete Stairs lcasl in ) $5.000 $5.000 133 Extenor Masonry Wath (CAAU- CMU veneer. and msulabon) $90,D00 S90.000 134 Metal (Structural seael - beamsorders. declung and stud. Wtrtrai, gtmers and downspoLft_ $150.000 S150,0010 135 Roof A=mu Ladders r Boaards LS $5.000 SS00D 136 1 Doors (metaa doors and frames, finish hardware, and overhand doors) LS $12.000 S12.000 137 Skylols Windows and Haaches LS 55.000 _ S5.000 136 Ca (4 Wt7stoons) LS $10.000 $10 000 139 Aeration Air Blowers (si . n ) LS $150.000 5150.00: 14C Channel Ar Blowers multi ) L$ 52DO,D00 5200.000 141 Proom Medrsncal Piping Systems (aur. agdzbm oar plart dram non-potabie wale, a--c*a- LS 5150.000 5150,000 142 HVAC Eclurpmert LS S125,000 $125000 143 jEleemcal LS S250.DDO $250 t' 1 144 Ins0ionentaWn LS 5125 000 5125 C-= 145 Concrete Slabs on grade and mai - mued two" dabbOwn Lox and channel. aeraeon banns LS S1.5CC ; . S1.S00.000 146 Conaete Wads (mored liquor disbab Aar boat and charnel. aeraW Lan mimed liquor cc. ? ; LS $1.1300,00C, $1.000,000 147 C.orlcreie Slabs (elevated - maned bquor destribubon pox and dt anal. aeraten bases r L S S250.000 S250000 148 UMW (access s3arways qLaydraid gratrig etc.) :'-5 DDO S175000 149 lA xers (hued Iwlubr dastribrmon box and Cannel) .5 S- 50.ODC $15000(1 150 Aeration Equgxrwm (doh isers and arc headers in awaWn Manns) LS S200,000 5200,000 151 Misers (aeration boons LS S200.D00 5200 000 152 internal Mooed Lcluor ReAan Pumps LS S150.O00 S1SO 040 153 Submersible Dram 1 per lour banns) LS 350.000 550.:x,: 154 Aerabon E (diIIuners and air headers n armed liquor co4w eon dtwarid) LS 5200.000 5200 DDO 155 Process I1fed ww* P Sysams lar sig4olon air hued Y RAS, plant drain. merwwM LS $150,000 5150 000 156 Proc>esa 14echm- Equiiprnanit JaNq sinew s. Was - ws elle) LS $100.000 S1OO.D00 157 JEWcrcal LS 5500.000 5500:000 158 wtswu +rwrFannn LS 5250.000 5230 000 159 Condlele Slabs ;an grade whd mat - aentaon bans surd +reed ! capncbon charnel) LS 5450.000 S450000 16D Canoe* VVab iaeraian bails and meed liquor mdec ion dwrhel) LS $400 DOC 5400 SAO 151 CcrwM a Slabs 441evaaed - airairon basin and ahSe4 lal er coiecaan dawwW) LS 5250 00C 5250 000 162 A6db de) LS SSD 000 wow 163 Aerawn Equpmert (d4husei s and ar headers n mind WW coliec4on drarrd) LS S4D 000 540. DOC 164 process weamrcal : prg S(air and apMon air LS SW ODD SM 0.. 166 IC4nova Siabs len graft and map LS S50 000 S50.0w 166 ICOWM Pads (taxhI moTgas e*Wmwt paras and awaanmerrt) LS 550 :)D0 SUIM 167 COXMId Walt it77r4asvnw4 rah) LS S30 000 S30.Otk7 158 Corcrew Saab over Rad Deck LS _ $20 DDC 32D WO 169 E+aenor 1lttlMa tCUJ- CMI) veneer. surd w%JaAonJ LS 5120.DDC S120.0D0 17D VZO (a stiff m pa*M. Strualkaa steel - and Steal. sandmg Sewn LS S110.00C S1 10,0W 171 Rad Aum ladders I OdLwds LS 55.:00 S5,1)D(J 172 floors mesal *oars and fternes. es f wh hurtilvaae) LS S12 5100 S12.Ow 173_. iianxaible Rod Semen. Sic. - AkxWrs hSwa',iaes. t LS 550.000 SM.Ow 174 ;4WicaU") LS SWOM SIOZI 13 175 Aowlx AcE WMnrq Pep _S WOW SSDOD 176 1AerwIN P $50DD SSJ70D 117 sal (Ur*s. ppM, et.) 530.000 MOOD 7?h ejewwnt PLImb and Frle Pr Mckin Srsom LS S175 we S175.DDD "3 _ 'q.AC LS SW.D00 SIiD Dw '9D Sreem>Ical LS SM,OOD S30DDCO 181 IS 5250,:00 SMWC 182 FoundOor 'kw w bows jWw flume and tzar ) LS S140.= 51;C "" 1.93 Cancsr;s A4" IsPMw Lox ft w bores wFPw Sate and Uft benw LS 3150.000 SI 5C N)c 194 Cerra Slabs (20ttlwir bogie, $rube - LS 330:000 S30,= 85 WOW" ;urcroerai seal mrraa1rwde a[naam No. roc LS SeD-COD 54 AIM `!)b foam PEngp LS 5h`20.OD0 Sr20000 -E7 P-- Vier -"'ca "and Pprg Sim pare oath. is us= Sn 000 128 Evectncal LS $300000 $300.000 199 nstrumentatron LS $250000 S250000 190 FQ.ndabon (center and slab) LS $75 D00 S75.000 191 Underslab Mixed Liquor and RAS Piping LS _ 590.000 560,000 192 Concrete Nails LS S50000 S50000 193 Concrete Stab (indwing grout lowelr ) LS 340.000 540 000 194 Structural Steel - Launder System LS 535.000 S35.DD0 195 Metals (access stairway, guardrail and grating) LS 530.000 530,000 196 Secondary Clarifier Mechanism complete LS 5550 DDC 5550.000 197 Miscellaneous Process Medhanrcal (gate norrpofade water. secondary scum etc) LS $90.000 590, 000 198 Electnew LS $400.000 $400.000 199 Instrumentation LS 5250 00C S250.000 200 Foundation (caller and slap) LS 5175.000 S175,000 201 1 Undelslab Mired Liquor and RASP LS 3160,000 5160.000 202 lConcrefe Walls (dandier and LS 5150.000 5150.DD0 203 Concrete Slab (and rout levet L$ S4D.000 540,000 204 S000ndary Scum Pump Station Plecasl Vaufts (fret well arid valve vaur) LS 555.000 $55,000 205 Structural S"- Launder System LS SW 000 530.000 206 Metals (access stairway guardrail and b ) LS 530,D00 S30,D00 207 22E=g= Clarirer Med%arvsrn, aonVkft LS $450.000 S450,DD0 208 _ Secondary Scum Pumps LS S90.000 $9D 000 209 IMviscallaneous Process Mechanical (gate non watev scum etc) LS 590.000 $90.000 210 Elecfncal LS 53011.000 5300.000 211 wtfthanenpmon LS 5250.000 S250:000 212 Foundation (rnve led 'T' stern wall) LS 5220.000 5220.000 213 Undefslab RAS PpN LS 5190,000 $190.000 214 Concrete Pads (pump and equipritery paft) LS $130.000 S130,000 215 Concrete WAN€ 0armirl ) LS $160,000 31673_,000 _ 216 _ S1aDs ( p room including trench dram, electrKal room and over roof dedung I LS 520.000 S20000 217 Eaienor Masonry (CMU. furring. rmulabon and ) LS 5120,000 3 S" t00 218 -metal (structural slaty - rders, monorW bear+ and and downspouts. LS 5150.000 5150.000 219 Rod Access Ladders 1 Bollards LS 55.000 $5,000 220 .Doors (m_*W doors and frames, flush hardware, and overtmad door) LS 512.000 512,000 221 Skyligtills and Hatches LS $15.000 515.000 222 2ldcabonsl S 55.000 55.000 223 RASP :.S 5150.1300 $150,000 224 Process Siechanic.9 Piping S (RAS plarrt dram non-pmDle wader and potable sir; -S 5300:000 5300 OW 225 Process Matt arwca( Eg7upms7t ¢€� -IV P MIPS Mfty wwons pulry seal waters $350,000 $350 D00 226 HVAC Eouyrhent Is 590.000 SD0.000 227 ElecancA LS 5300.000 S300A00 228 krisrutnentaion 5 S260A00 5250.000 229 Foundation (inverted `T' ttt€m ares. WAS Puny roorr. and RAS,,VVAS channels) $173,000 S170.DOD 230 Lint r stab RAS Pping Iz- St50A00 $150,000 231 Conmft Pads jpjivV and ) LS S40.000 540.000 732 IConaage Wats (WAS pwmtp room WAS pump ret well and RASM'AS dharx7e>Es; LS 380 OX SBD 000 233 Cdncrime Stabs (WAS Paitgi down. RAS1WASS dwitiels. RAS pump room and war roof LS S2D S2_- 700 _s Enenor Majorg f-WU naulafenm-0 A p ) LS 5125 DOC S'=z YC v1m, ;stnrbffal ekes-learrW and steel amesssta>rrat 9:ar"U vvting LS 5130.000 236 :poll Allows Ladders LS 55.= 23' Doors (+tem mons and Fames. snap hardwire) LS S12LOW S'2 V W 230 Sk are Harris LS S15.0m 515.000 239 Canopy ;2wmeios) LS S1D.DDo $10,aoo 240 .s 375,00+ S75DW 24' R) S = 575:000 575.000 242 Process tsedvartic* Proing S (RAS IMPS iormaram cerltraee plana darn. sraoondsy LS 5,503100 S150.DD0 243 s5sclrarvc9 Equivarvirt 40ders +mess. ora O-rsaft sway p arms.: w" . phanc is S7M= $124 0'70 244 AC is S7'fl.00f1 S77 01'". 245 LS 55000[3) 33M 000 246 VOIrwrartMion ilnclid 115w1b-Varebre LS 1f7m= 325$1000 Bond No. CA1535065 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal statra and principal place of business) JC Constructors, Inc Great American Insurance Company 1 301 East Fourth Street 305 E. Columbia Road Cincinnati OH 45202 Meridian ID 83642 Malting Address for Notices OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Ave., Ste. 106 Meridian ID 83642 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT ;Bate: January 3, 2017 Amount: S 35,565,000.00 Thirty Five Miction Five Hundred Sixty Five Thousand Dollars and 001100 Description: (Name and location) WRRF Liquids Stream Capacity Expansion -Construction Project 10601.D BOND Date: January 3, 2017 (Not earlier than Constnrction Contract Date) Amount: S 35,565,000.00 Thirty Five Million Five Hundred Sixty Five Thousand Dollars and 001100 Modifications to this Bond: ❑ None 0 See Section 16 CCNTRAGTOR AS PRINCIPAL SURETY Compan) (Corporate Seal) Company: (Corporate Seal) JC Constructors, Inc GreatAmerican Insurance Company Signa tu Signature: Name Name Tina Coleman and'ritce: :— and Title: Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond..) (FOR I1,VF0puVf 4TION ONL )' — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Architect, Engineer or other party.) 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 S-1862/AS 8110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Omer, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Omer declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owncr and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the Circumstances: A After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to en force any remedy available to the Owner. S-1852IAS 8110 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Oaner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .2 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set offon account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years atter a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Ovvncr or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract atter all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 1f this Bond is issued for an agreement between a Contractor and subcontractor, the terns Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address S-18521AS 8110 Signature: Name and Title: Address (Corporate Seal) Bond No, CA1535065 Document A312 TM —2010 Conforms with The American Institute of Architects AIA Document 312 PaymentBond CONTRACTOR: SURETY: (Name, legal status and address) (Nonce, legal status and principal place of business) JC Constructors, Inc GreatAmerican Insurance Company 1 301 East Fourth Street 305 E. Columbia Road Cincinnati OH 45202 Meridian ID 83642 Mailing Address for Notices OWNER: (Marne, legal status and address) City of Meridian 33 East Broadway Ave., Ste, 106 Meridian ID 83642 CONSTRUCTION CONTRACT Date: January 3, 2017 Amount: S 35,565,000.00 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Thirty Five Million Five Hundred Sixty Five Thousand Dollars and 001100 Description: (Name and location) WRRF Liquids Stream Capacity Expansion -Construction Project 10601.1D BOND Date: January 3, 2017 Not earlier than Construction Contract Date) Amount: 535,565,000.00 Thirty Five Million Five Hundred Sixty Five Thousand Dollars and 001100 Modifications to this Bond: [:] None ® See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) JC Lonstructors, inc GreatAmerican Insurance Company Signature. •.. \ � � Signature: Name Name Tina Coleman and Title: �7 d t-7_1 T— and Title: Attorney -in -Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFOR,WTlON ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Architect, Engineer or other party;) 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 S -21491A5 8110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, udministralors, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in. Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have fumished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13), § 6.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13), § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7,1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 4 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner`s priority to use the funds for the completion of the work. , S-2149/AS 8110 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under This Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court orcompetent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor sha.1 be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of. this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Deflnitions 16.1 Claim. A written statement by the Claimant including at a minimum; .1 the name of the Claimant; .2 the name orthe person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment famished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work or the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 5-21491AS 8110 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shad be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than Chose appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address S -2149/A5 8/10 Signature: _ Name and Title: Address (Corporate Seal) %MIN. W Home I Satup an Account I Log In L6oertsee V Username Fasswvrl LOGIN ❑REMEMBERME Forgot Password Permits Search Permit Pay Fees Lfcenses Seaircn Trace Licenses Search Public Works Inspections ScIn ie cancel, Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Page 1 of 1 Public Works Search f Search Again Download Results Printable View orn;,a•ny :game -,cense Number Work Category(s) License Type l-icense Class Status Appricant. Name JC Constructors, Inc. PWC -C-14336 1 00001, 00002, 00003 1, 2, 3, 5 UNLIMITED ACTIVE JC Constructols. Inc First Prev Page: 1 of 1 Next Last Details - License Number: PWC -C-14336 Lic Info Registration III: PWC -C-14336 Issue: 7/1112016 Expire: 6!3012017 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status: ACTIVE Company: JG Constructors, Inc, Phone: (208)895-8105 Coll: (208) 850-1375 Pager: Fax: (208)895-8106 Owner Name: The Orvlsicn of Building Safety, makes every effort to produce and publish the mast current and accurate information possible No wamantles. expressed or Implied, are provided for the data herein. AS use, or its interpretation Utilization of this website Indicates understanding and acceptance of this statement 1-800-555-3044. 1030 E Watenower Sit Suite 150 Mendlan ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho_PublicWorksSearehRslts.aspx 12/16/2016 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity z. Lawerence Denney, Secretary of State [ New Search ] [ Sack to Summary ] [ Get a certificate of existence for JC CONSTRUCTORS, INC. ] [ Monitor JC CONSTRUCTORS. INC. business filings ] ]C CONSTRUCTORS, INC. 1305 E COLUMBIA RD MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 12 Aug 2009 State of Origin: IDAHO Date of 21 May 1999 Origination/Authorization: Initial Registered Agent: JIM COX 1305 E COLUMBIA RD MERIDIAN, ID 83642 Organizational ID / Filing C128987 Number: Number of Authorized Stock 20000 Shares: Date of Last Annual Report: 24 Mar 2016 Annual Report Due: May 2017 Original t=iling: Filed 21 May 1999 INCORPORATION Amendments: Amendment Filed 12 Aug REINSTATEMENT 2009 Annual Reports: Report for year 2016 ANNUAL REPORT Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 REINSTATEMENT Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format] [ Help Me Print/View TIFF ] View Image (PDF format View Image (TIFF format] [ Help Me Print/View TIFF ] View Document online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) littps://www.accessidaho.org/public/sos/corp/C 128987.html 12/16/2016 Alaska National INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS (PRIMARY AND NON-CONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Meridian Project location: Meridian Wastewater Resource 33 East Broadway Avenue Recovery Facility Meridian, Idaho 83642 Project description: WRRF Liquid Stream Capacity Expansion — Construction Project #10601.D Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". B. If other valid and collectible insurance, whether on a primary, excess, contingent or any other basis, is available to the additional insured for a loss we cover under this endorsement, then the insurance provided by this endorsement is excess over that other insurance. However, the insurance provided by this endorsement will be primary to other insurance on which the additional insured is a named insured for the covered loss, if the written contract for this location and described completed operations contains a specific requirement that this insurance be primary or primary and non- contributory. In that case we will not share with that other insurance on a pro -rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, is coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective December 30, 2016 Insured JC Constructors, Inc. Countersigned By 6ewtie 1�RG�et2 ANIC GL 1081 11 08 Policy No. 16G PS 08438 Endorsement No. 38 Fred A. Moreton/Boise Alaska National INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION (PRIMARY AND NON-CONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Locations Of Covered Operations City of Meridian Project location: Meridian Wastewater Resource 33 East Broadway Avenue Recovery Facility Meridian, Idaho 83642 Project description: WRRF Liquid Stream Capacity Expansion — Construction Project #10601.D Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include pro -rata or other basis. If the other insurance available as an additional insured the person(s) or to the additional insured, whether on a primary, excess, organization(s) shown in the Schedule, but only with contingent or any other basis, is coverage for which it respect to liability for "bodily injury", "property damage" has been named as an additional insured, then the or "personal and advertising injury" caused, in whole or coverage provided by this endorsement is excess over in part, by: that other insurance. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. If other valid and collectible insurance, whether on a primary, excess, contingent or any other basis, is available to the additional insured for a loss we cover under this endorsement, then the insurance provided by this endorsement is excess over that other insurance. However, the insurance provided by this endorsement will be primary to other insurance on which the additional insured is a named insured for the covered loss, if the written contract for the covered operations contains a specific requirement that this insurance be primary or primary and non-contributory. In that case we will not share with that other insurance on a C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective December 30, 2016 Insured JC Constructors, Inc. Countersigned By gewtL6 )&'<"4W4f ANIC GL 1082 11 08 Policy No. 16G PS 08438 Endorsement No. 39 Fred A. Moreton/Boise Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: $F PROJECT NUMBER: ITEM TITLE: Task Order 10601.G Approval of Task Order 10601.G to Brown and Caldwell for the "WRRF CAPACITY EXPANSION SERVICES DURING CONSTRUCTION" project for a Not -To -Exceed amount of $1,463,235.00 MEETING NOTES u ApwRouEo Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: C.J Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 12/29/2016 Re: January 3`d City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 3`d City Council Agenda under a Public Works Department Report. Approval of Task Order 10601.G to Brown and Caldwell for the "WRRF CAPACITY EXPANSION SERVICES DURING CONSTRUCTION" project for a Not -To -Exceed amount of $1.463.235.00. Recommended Council Action: Award of Task Order 10601.G to Brown and Caldwell for the Not -To -Exceed amount of $1,463,235.00 and authority to expend $491,259.00 in fiscal year 2017. Thank you for your consideration. • Page 1 TASK ORDER NO. 10601.G Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND BROWN AND CALDWELL (ENGINEER) This Task Order is made this 31d day of January 2016 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by Brown and Caldwell, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 2a) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order is as follows: WRRF CAPACITY EXPANSION - SERVICES DURING CONSTRUCTION PROJECT UNDERSTANDING This scope of work describes Brown and Caldwell (Engineer) and City of Meridian (City) activities that will occur during the construction phase of the Wastewater Resource Recovery Facility (WRRF) Liquid Stream Capacity Expansion Project (Project). This scope of work is included the following phase: Phase B — Services During Construction (SDCs): This phase will include services after the award of the construction bid. Submittals will be processed through the City's electronic submittal service (CONDOC). The Task Order total includes engineering services through the estimated construction duration (30 months - January 2017 through April 2019). FUNDING Funding for this project will be split between three fiscal years, 2017 (Oct. 2016 — Sept. 2017) $491,259.00, 2018 (Oct. 2017 — Sept. 2018) estimated at $587,569.00 and 2019 (Oct. 2018 — Sept. 2019) estimated at $384,407.00. The amounts estimated beyond the 2017 fiscal year have not yet been appropriated by the City. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Any and all additional expenditures beyond the current fiscal year MUST be approved by Task Order 10641.G WWRF Capacity Expansion'Services during Construction Page. 1 of 9 Brown and Caldwell City Council and memorialized by a written amendment or change order to this Agreement. SCOPE OF WORK The Project will involve improvements related to the following WRRF processes: New primary clarifiers 5 and 6 New primary sludge/scum pump station New aeration basin distribution channel New aeration basins 5 through 8 New aeration basin collection channel New aeration and channel blowers building New secondary clarifier splitter box New secondary clarifiers 6 and 7 New return activated sludge (RAS) pump station New RAS/waste activated sludge (WAS) channel and pump station facility New chemical addition building (methanol/acetic acid) New yard piping conveyance and site improvements throughout the expansion area Expansion of the facility control system to incorporate new process areas Overall assumptions for performance of the Phase B scope of work are summarized below: Scope Basis. This scope of work is based on components of the WRRF Liquid Stream Capacity Expansion Contract Documents (August 2016), and corresponding Addendum 1 through 6 published during the advertisement and General Contractor bidding period, Project Schedule. The Phase B work on this project is projected to last 30 months from authorization to proceed and is targeted to be complete by April 2018. However. many factors that could impact schedule are not in control of the Engineer. Project and estimated construction schedules will be developed in Microsoft Project by the General Contractor. City Responsibilities. - The Construction Manager role is not included in this scope of work, but is covered by the City. - The City will oversee and inspect day-to-day construction activities, and will provide all administration of the construction contracts, including approving pay applications (Engineer will review pay applications prior to City approval). - The City will provide for all special inspections (under a separate contract with MTI) required by the International Building Code (IBC), as well as all materials testing. Task Order 10601.G WWRF Capacity Expansion services [luring Construction Page 2 of 9 Brown and Caldwell - The City will provide site surveying, benchmark control and elevation verification (under a separate contract with Civil Survey. - The City will provide programming services (under a separate contract with CH2M). - To maximize the use of the City's budget. incomplete or unclear submittals or BFI's may be returned without review or comment. All submittal communication will take place on the City's electronic CONDOC service. Engineer Activities On -Site. The Engineer is responsible solely for Engineer's employees' activities on the project site. Engineer's participation on the project shall not be construed to relieve the City or any construction contractors from their responsibilities for maintaining a safe jobsite. Neither the professional activities of the Engineer, nor the presence of the Engineer's employees and sub -Engineers, shall be construed to imply the Engineer has any responsibility for means and methods of work performance. superintendence. sequencing of construction, or safety in, on, or about the jobsite. Task Descriptions Specific tasks to be performed by Engineer and City to implement the Phase B scope of work are summarized in the work breakdown below and described in further detail on the following pages. 400 Series Tasks; Services During Construction The 400 Series tasks will focus on services during construction. Task 410 - Submittals Objective: To review all submittals. Activities/Approach: Submittals will be reviewed for general conformance with the project design concept and general compliance with the information or design requirements given in the Contract Documents. The Engineer will perform these services within the duration allotted by the construction contract. Should any submittal be found to be substantially deficient, Engineer may reject the submittal without markups, while giving written examples of major deficiencies as cause for rejection. Written responses, in the form of written comments and/or marked -up submittals, will be transmitted to the City via a submittal transmittal/comment form and supplemented by mark-ups of hard copy submittal documents where required for clarity. Task Order 14601.G wwRF Capacity Expansion Services During Construction Page 3 of 9 Brown and Caldwelt 410 Submittals 420 Cha nges/ R F1s ua c a 430 Site Coordination/Progress Meetings M N i 440 Field Inspections v 450 Record Drawings �o Z U 460 0&M Manual Update 470 Start Up Support Services 480 Project Management 400 Series Tasks; Services During Construction The 400 Series tasks will focus on services during construction. Task 410 - Submittals Objective: To review all submittals. Activities/Approach: Submittals will be reviewed for general conformance with the project design concept and general compliance with the information or design requirements given in the Contract Documents. The Engineer will perform these services within the duration allotted by the construction contract. Should any submittal be found to be substantially deficient, Engineer may reject the submittal without markups, while giving written examples of major deficiencies as cause for rejection. Written responses, in the form of written comments and/or marked -up submittals, will be transmitted to the City via a submittal transmittal/comment form and supplemented by mark-ups of hard copy submittal documents where required for clarity. Task Order 14601.G wwRF Capacity Expansion Services During Construction Page 3 of 9 Brown and Caldwelt Submittals shall be turned around within the time frame specified in the project specifications. Submittals shall be processed through CONDOC, the City's document management tool. Task Order Total is based on the following: Engineer has allocated an average of 7.0 hours per submission to review. document comments. and return submittals. This hour per submission estimate is based on the City facilitating verbal discussions with the reviewing engineer as appropriate to minimize re -submittals. It is assumed there could be up to 610 submittal review events (this includes a 1.6 resubmittal rate per submittal). Number of submittals and hours is an estimate and may not reflect actual number of submittals or time required for submittal review. Submittal metrics will be reviewed monthly and included in the monthly progress report Task 420 - Changes/RFIs (Work Change Directives) Objective: To review BFI's as requested by the City. Activities/App roach: RFPs submitted by the Contractor shall not include calculations and other submittal items (i.e. pipe support calculations, which are considered a shop drawing submittal) or design changes. Task Order Total is based on the following: Engineer has allocated an average of 6 hours per RFI for office staff to prepare responses. This hour per RFI estimate is based on the City facilitating verbal discussions with the reviewing engineer as appropriate to minimize the effort spent on RFI preparation. It is assumed there will be 120 RFPs based on number of sheets. Number of RFI's and hours is an estimate and may not reflect actual number of RFI's or time required for RFl review. RFI metrics will be reviewed monthly and included in the monthly progress report Task 430 - Site Coordination/Progress Meetings Objective: Facilitate and participate in pre -construction conferences and bi-weekly construction meetings. When possible, additional key Engineer or sub -Engineer participation in construction meetings will be via telephone. Activities/Approach: Engineering Project Manager to lead meetings and selected Design Team members will participate in pre -construction conferences and periodic construction meetings. Attendance at pre -construction conference with up to 4 Engineer staff (Engineer - 2 staff: CTA sub -Engineer - 1 staff, DC Engineering sub -Engineer - 1 staff). Participation in bi-weekly construction meetings: For budgeting purposes, it is assumed that the following meetings will be attended: - Engineer Project Manager and Discipline Coordination Lead at each bi-weekly meeting. Task Order 10601.G WWRF Capacity Expansion Services During Construction Page 4 of 9 Brown and Caldwell - One additional key Engineer staff at 1 meeting per month - One additional sub -Engineer staff (CTA or DCE) at 1 meeting per month A total of 8 hours is assumed for each meeting per attendee (including agenda preparation and input, pre -meeting status updates with the City, meeting with the City and Contractor, post -meeting with the City,. construction site coordination visits, and meeting minute preparation). Number of Site Coordination/Progress Meetings and hours is an estimate and may not reflect actual number of meetings or time required for this Task. Site Coordination/Progress Meeting metrics will be reviewed monthly and included in the monthly progress report. Task 440 - Field Inspections Objective: To provide support to the City in reviewing test results and providing field inspection services. Activities/Approach: Review work performed by others, including testing, inspection, and survey services. Perform site visits to observe construction work, performance, and witness testing as requested by the City. Structural Observations per the IBC are included in this scope. Structural Observation as performed by the Structural Engineer is different from "Special Inspection'. which is not included in this scope. Task Order Total is based on the following: Fees have been included for Engineer structural observation effort. This effort includes up to 48 observations inspect foundations prior to concrete placement: bearing walls prior to cover-up with non-structural elements. concrete masonry construction prior to grouting: and lateral force resisting element construction. To the extent possible. all site visits will be coordinated with construction meetings and with concurrent structural observation at multiple facilities to minimize budget impacts. Fees have been included for CTA (architectural/building mechanical) effort. This effort includes up to 24 site visits to inspect the new buildings at different phases of construction (e.g.. insulation, finishes. flashing, siding, roofing, HVAC, plumbing, fire protection. punch -list items. etc.). To the extent possible, all site visits will be coordinated with construction meetings to minimize budget impacts. Fees have been included for DC Engineering (electrical) effort. This effort includes up to 24 site visits to inspect the new buildings and process equipment at different phases of construction (e.g., power supply coordination, transformers. wiring, panels.. punch -list items. etc.). To the extent possible. all site visits will be coordinated with construction meetings to minimize budget impacts. Work Products: Review comments on test results and notes from site and off-site visits. Task 450 - Record Drawings Objective: Produce final CAD drawings of project facilities as constructed from mark-ups and drawings submitted to the City from the Contractor in conformance with the provisions of Specification 01 78 39. Activities/Approach: Working from Contractor submittals (red -line drawings or potentially pdf files or CAD mark-up drawings), and City direction where available, produce final Task order 10601.G WWRF Capacity Expansion Services Ounng Construction Page 5 of 9 Brown and Caldwell project drawings of the as -constructed work. Engineer engineers will work with the City to interpret drawing inconsistencies or discrepancies, perform field investigation where needed, and then will direct CAD staff on correct representation of work. Final Record Drawings will be produced in AutoCAD Release 2014 or later and will be provided to the City in electronic format for reproduction. Assumptions: Contractor mark-ups are complete and accurate and Engineer's work under this subtask is only to convert the Contractor -supplied record drawing materials into final drawings, and not to independently validate or correct record drawings. Work Products: Final drawings files from AutoCAD Release 2014 or later, and provided in electronic format ('.dwg and '.pdf), submitted to the City. Task 460 — O&M Manual Update Objective: Update the existing operations and maintenance (O&M) manual for the City of Meridian WRRF in accordance with IDAPA 58.01.16. The manual will only be for the new or updated facilities included in this project. The major facilities include: New primary clarifiers 5 and 6 New primary sludge/scum pump station New aeration basin distribution channel New aeration basins 5 through 8 New aeration basin collection channel New aeration and channel blower building New secondary clarifier splitter box New secondary clarifiers 6 and 7 New RAS pump station New RA&WAS channel and pump station facility New chemical addition building (methanol/acetic acid) New yard piping conveyance and site improvements throughout the expansion area Expansion of the facility control system to Incorporate new process areas Activities/App roach: Incorporate vendor submittals and operations and maintenance manuals into the existing electronic operations and maintenance manual using the following steps: Meet with Operations and Maintenance Staff. Conduct field investigation to verify on-site facilities. Collect data and information. Modify the table of contents. Write text for upgrades to Treatment Plant. Prepare graphics for updated manual. Produce photographs for updated full manual. Submit text. graphics.. and photographs. Produce final draft manual for City and then Idaho Department of Environmental Quality (IDEA) review. Produce final manual. Task Order 10601 G wwRF Capacity Expansion Services During Construction Page 6 of 9 Brown and Caldwell Work Products Outline of the O&M Manual for City review. Incorporating City comments. Preliminary draft manual for City review. Preliminary draft manual. incorporating City comments Draft O&M manual for City and IDEQ review. Final O&M manual. O&M manual products listed above will be presented in electronic format as ".pdf files. Task 470 — Start -Up Support Services Objective: To assist the City with planning and implementation of start-up, testing, and commissioning activities. This Task is divided into areas: start-up planning and startup. Start -Up Planning Activities/Approach: Participate in start-up planning activities by helping develop the Start-up strategy with the City and the Contractor. Participate as a member of the start- up team, to be led by the City and the Contractor's Start -Up Manager (Quality Assurance Manager). Participate in the review of the Contractor's written start-up plan submitted under Section 01 75 00. Perform technical analyses of treatment plant issues as requested by the City in planning and coordinating start-up activities. Coordinate schedule and start-up event timing with City. Assumptions: Four start-up planning meetings with the City are anticipated prior to startup. Meetings include 8 hours for each meeting, preparation and follow-up. Two Engineer team members will attend each meeting. Arrangement/conducting of meetings and meeting notes are provided by Engineer in collaboration with City and Contractor. Additional time is included for internal start-up discussions. technical review of Contractor submitted startup plan, and preparation for City/Contractor meetings identified above. Work Products: Provide review comments on draft and final text for start-up plan document. Start -Up Activities/Approach: The Engineer will provide engineering services during the start-up phase. Assumptions: This task addresses participation of office staff in start-up and commissioning activities. The City and the Contractor shall conduct all testing and commissioning and shall provide test and commissioning data to the Engineer in electronic format. Engineer shall review the data. meet with City staff or witness testing activities. and provide written feed -back in the form of a technical memorandum where appropriate. Engineer facility leads will be present in field for set periods of time during testing and commissioning of their respective areas of design as requested by the City. Commissioning will be completed during a nominal 1 -month period and require multiple staff and discipline involvement. Task Order 10601.G WWRF Capacity Expansion services Durtng Construction rage 7 of 9 Brown and Caldwell Work Products: Field notes and memoranda identifying corrective actions for problems or deficiencies noted during testing and commissioning Task 480 — Project Management Objective: To provide management, direction, coordination, and control of all work associated with Project schedule, budget, subEngineers, technical quality, and monthly progress reports and invoices for the Project. Activities/Approach: This task includes the following activities: Develop a Health and Safety plan for internal use. Prepare monthly project status reports. Progress reports will identify budget status. progress status. activities of the previous month, and up -coming activities. Supervise project staff. Manage in-house budget and schedule. Procure. supervise, and coordinate the activities of sub -Engineers providing specialized or supplemental engineering services. Work Products: Monthly progress reports and invoices Sub -Engineer contracts TIME OF COMPLETION and COMPENSATION SCHEDULE This Task Order is based on a time and materials basis and based on the Scope of Work above. It is anticipated that a Notice to Proceed (NTP) will be issued by the City in January 2017 with construction lasting through April of 2019. The Not -To -Exceed amount to complete all services listed above for this Task Order is one million, four hundred sixty three thousand, two hundred thirty five dollars ($1,463,235.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order, and executed by both parties. Any travel or reimbursable expenses requested will be paid per corresponding Task Order 10601.G WWRF Capacity Expansion Services During Construction Page 8 or 9 Brown and Caldwell COMPENSATION AND COMPLETION SCHEDULE Task Description Compensation 410 Submittals $567,455 420 Chan es/RFIs $164,104 430 Site Coordination/Progress Meetings $240,104 440 Field Inspections $134.200 450 1 Record Drawings $71,168 460 O&M Manual Update $89,900 470 Start -Up Su port Services $93,040 480 Project Management $103,264 TASK ORDER TOTAL: $1,463,235.00 The Not -To -Exceed amount to complete all services listed above for this Task Order is one million, four hundred sixty three thousand, two hundred thirty five dollars ($1,463,235.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order, and executed by both parties. Any travel or reimbursable expenses requested will be paid per corresponding Task Order 10601.G WWRF Capacity Expansion Services During Construction Page 8 or 9 Brown and Caldwell City policy, at cost as part of the Not -To -Exceed amount above, and only if pre - approved by the Project Manager. CITY OF MERIDIAN OW AND CALDWELL BY: BY: TAMMY e D, MAYOR DAVE BERGDOL Dated: ��� owl -� Dated: n I Ave Approved by Council: 03/ _/7 �GOapORATEpgG c Attest: G��A -..y CJ COLI -ES, CITIY CLERK m w m2' Z Purchasing AEPurchaskingManager �0 BY: KEITH S, City Project Manager Emily Skoro 76nt Appr I —_�_- WAftREN STEWARt, Engineering Manager Dated: I Z- A 4 //� Task Order 10601.G WWRF Capacity Expansion Services During Construction Page 9 of 9 Brown and Caldwell City Council Meeting January 3, 2017 Item #9A: Dorado Subdivision ÚÚd ººe SAGECREST ROLLINGHILL L-O TN-RR-15 C-C I-LL-O RUT C-G R1 R-40 R1 C-G R-4 R1 RUT C-G E OVERLAND RD S E A G L E R D §¨¦84 SWELLSST S L O D E R P L E GOLDSTONE ST S M I L L E N N I U M W A Y EGOLDSTO N E D R E PEWTER FALLS STEBLUEHORIZONDR E GALA CT S L U X U R Y L N S MUSTANG ST E WELLS CIR E C I N E M A D R E GALA ST S J A D E W A Y E ONYX ST E F R E E W A Y D RECONTINENTALDR E TARPONDR S T O P A Z A V E S R A C K H A M W A Y S B O N I T O W A Y S B O N I T O W A Y S W E L L S A V E S C O B A L T P O I N T W A Y S S I L V E R S TO N E W A Y S C E L E B R A T I O N A V E S J A D E A V E S T O P A Z W A Y SILVERSTONE NO 03 GRAMERCY NO 02 JEWEL BONITO SILVERSTONE SQUARE CONDOS ENNIS KRAFT CONDOS RIVERBIRCH COURTYARD CONDOS MEDICAL MILLENNIUM CONDOS LOCUST VIEW HEIGHTS NO 02 WYNDSTONEPLACE SILVERSTONE OVERLAND WAY GAUDRY SEEGMILLER SILVERSTONE CAMPUS SILVERSTONE TOWN SQUARE CONDOS PROJ AMD NO 01 VALENCIA PLAZA CONDOS MAGIC VIEW GOLDSTONE CENTER CONDOS DESTINATION PLACE BONITO NO 02 VALENCIA PLAZA SILVERSTONE CORPORATE PLAZA CONDOS MAGICVIEWAMD GOLDSTONE CENTER CONDOS PROJ AMD NO 01 DESTINATION PLACE NO 02 RESOLUTION NO 01 GALA PARK HUMMINGBIRD ACCOLADE NO 01 LOCUSTVIEWHEIGHTS GRAMERCY NO 01 DORADO #9B: Una Mas Development Agreement Modification Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 9A PROJECT NUMBER: H-2016-0131 ITEM TITLE: Dorado Subdivision MDA Request for a Modification to the Development Agreement for Dorado Subdivision to remove the requirement for a Conditional Use Permit on Lots 1 and 2, Block 1 by Jake Wylie 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: January 3, 2017 Item # Project Number: Project Name: H-2016-0131 Dorado Subdivision Please print your name For Against Neutral Do you wish to testify (Y/N) V RECEIVET) CITY OF E CITY CLERKS OFFICE Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 9B PROJECT NUMBER: H-2016-0132 ITEM TITLE: Una Mas Public Hearing for Una Mas (H-2016-0132) by Chad Olsen Located Southwest Corner of N. Records Avenue and E. Tecate Lane 1. Request: Modification to the Development Agreement (Inst. # 106137048 & 2016- 106279) to Allow a Reduced Buffer Width from Twenty -Five (25) to Five (5) Feet on the C- G Zoned Property to Residential Units MEETING NOTES rte✓ 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 CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: January 3, 2017 Item # Project Number: H-2016-0132 Project Name: Please print your name CITY OF Una Mas For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Ordinance No. 16-1717 Ordinance No. 16-1717: An Ordinance Amending Meridian City Code as Codified at Title 11, Section 3 Entitled the Unified Development Code, of the Meridian City Code; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date. 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 CITY OF MERIDIAN ORDINANCE NO. 16— M 7 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, SECTION 3 ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code Sectionll-IA-1, Unified Development Code, be amended in part by adding the following definitions: 1-1A-1: DEFINITIONS: City Core: The area bordered on the north by E. Carlton Avenue, on the south by E. Ada Street, on the west by N. Meridian Road, and on the east by NE Third Street. The City Core includes abutting properties on both sides of the street. Double Fencing: Two fences as defined in this title that parallels each other along an abutting common property line. Interior common open space: Open space as defined in this title located internal to development; exclusive of open space on the perimeter of a development. Stormwater Facilities, Green: A stormwater facility designed in accord with ACHD's Drainage and Stormwater Management Policy Manual that enhances and/or mimics the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse. NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2016-0118 PAGE I OF 14 Streetscape: A. The visual character along a roadway created by the combined use of elements such as building facades, landscaping, trees, open space paving, plantings, sidewalks, lighting, signs and furniture. B. In the City Core, that portion of right of way adjacent to the roadway, between the back of the curb and face of building, including use zone, clear zone, and street furnishing zone. Section 2. That Meridian City Code Sectionll-2A-1, Unified Development Code, be amended as follows: 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 -allev.fable deRsi+„ of dwelling units peraere dimensional standards of the corresponding zone and rerrespendir rt housing types that can be accommodatedyAthin the density r., rte. Residential land uses are also allowed within the 0-T, TN -C, and TN -R districts as set forth in article D of this chapter. TABLE 11 2A 1 MAXIM Inn GROSS DENSITY IN THE RESIDENTIAL DISTRICTS _ ... imp m Gress nis+rim+ nensi+„ (Rnr A. -re) I I n , r✓nrci+.. r cirinr+i-+l r✓ic+rir+ ID ')1 nnn.Ji m le..,_slnr ci+.� r si.Jer+i ,I .Jis+ri + IQ_n1 nAedi m rinr�ci+.. r sidential dis+rir+ /D 4� ----- i ! I Medium hiph_.Jnr.cit.. rncirler.+i-,I slis+ric+ /Q_� �� L.lirth rinr,ci+.� rncicJnr,+i-,I cJis+rim+ (R 110) i' Section 3. That Meridian City Code Sectionll-2A-4, Unified Development Code, be amended as follows: T h e mxx i PA lum gress density -hewed is twe (2) dwellings p aeFe. Dimensional standards for development in the R-2 residential district shall be as follows: NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE — H 2016-0118 PAGE 2 OF 14 Section 4. That Meridian City Code Sectionll-2A-5, Unified Development Code, be amended as follows: Thefflaximium gress density allowed is feuF (4) dwellings n aeFe. Dimensional standards for development in the R-4 residential district shall be as follows: Section 5. That Meridian City Code Sectionll-2A-6, Unified Development Code, be amended as follows: Th maximurn gross ,de sity ally ed is eight (9) dwellings per aere. Dimensional standards for development in the R-8 residential district shall be as follows: Section 6. That Meridian City Code Sectionll-2A-7, Unified Development Code, be amended as follows: The grens .density -dewed is fifteen (152) .dwellinnc ner . Dimensional standards for development in the R-15 residential district shall be as follows: Section 7. That Meridian City Code Sectionll-2A-8, Unified Development Code, be amended as follows: The maximum ess density allowed is ferty (40) .dwellings ner -,,.re. Dimensional standards for development in the R-40 residential district shall be as follows: X * X Section 8. That Meridian City Code Sectionll-2D-1, Unified Development Code, be amended as follows: C. Traditional Neighborhood Residential District (TN -R): The purpose of the TN -R district is to provide for a variety of residential land uses including attached and detached single- family residential, duplex, townhouse, and multi -family. A TN -R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The ximurn .density of the TAI o dortri,.t is fifteen (1 5) units per The minimum density is 2+g# E494 six 6 units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN -R district should be generally located adjacent to a TN -C district, along a transit corridor, or within a mixed use neighborhood. For the purposes of this title, the term residential district shall also include the traditional neighborhood residential district. Section 9. That Meridian City Code Sectionll-2D-4, Unified Development Code, be amended as follows: X Y * NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE —H 2016-0118 PAGE 3 OF 14 D. Streetscape Improvements: Streetscape improvements within the City Core area shall be designed in accord with the "City Of Meridian Public Works Design Standards Manual". E. Residential to commercial conversions within Old Town shall comply with the established standards set forth in the Architectural Standards Manual (ASM) and Structure and Site Design Standards set forth in UDC 11-3A-19. Where there are site constraints that prevent a conversion from wholly complying with these standards, the Applicant may submit for a design standard exception as set forth in the ASM. F. When proposed as part of a development, public and other urban open spaces shall have sufficient pedestrian access and be integrated into the overall site design. Section 10. That Meridian City Code Sectionll-2D-5D, Unified Development Code, be amended as follows: D. Minimum contiguous district size is six (6) acres; or two (2) acres when adiacent to property with a mixed-use future land use designation. Section 11. That Meridian City Code Sectionll-2D-6A, Unified Development Code, be amended as follows: Dimensional Standards I TN -R Minimum density (dwelling units per acre) 96 net r .M.aXi.rn ., density 15 net Minimum front setback: r— - For alley accessed properties' (in feet) 398 Minimum For street accessed properties' (in feet) rear setback: [20. to garage 8 to living area 20 to ga. age if - He •••idth 16 feet 14 to g e .f alley width 20 feet 5 For alley accessed properties' (in feet) For street accessed properties' (in feet) [12 Minimum side setback (in feet): Property lines adjoining unattached walls r - Property lines adjoining attached walls' Minimum side street setback' (in feet): Alley Local street -53 _I 395 395 NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE —H 2016-0118 PAGE 4 OF 14 Collector (for alley accessed properties )3,4 1311: 96 parkway with class II trees and 5 foot sidewalk Collector (for street accessed properties)',' 2918: 96 parkway with class II trees and 5 foot sidewalk Street landscape buffer (in feet): Alley ---------- 5 a,,,.,,r+f,,,- „-,r!;r„ -, �Local3 [8 parkway with class II trees I Collector (for alley accessed properties )3,4 13: 8 parkway with class II trees and 5 foot sidewalk [Collector (for street accessed properties)3.5 F20- 8 parkway with class II trees and 5 foot sidewalk r— Arterial F25 r Entryway corridor [35 fInterstate F50 Maximum height to eave providing roof access (in 30 feet) Maximum building height (in feet) 40 Notes: – -- 1. Measured from back of sidewalk and/or alley right of way as applicable. 2. On any given property, there shall be no more than 2 property lines that have 0 foot setbacks. 3. Measured from back of curb. 4. These are standards for properties where the front yard of the property adjoins the street landscape buffer and the units take access from an alley. 5. These are standards for properties where the rear or side yard of the property adjoins the street landscape buffer. 6. A reduction to the width of the buffer may be requested as set forth in subsection 11-3B-7C1c of this title. Section 12. That Meridian City Code Sectionll-2D-6C, Unified Development Code, be amended as follows: C. Housing Unit Allocation: In the TN -R district, a minimum of two (2) housing types, including, but not limited to, single-family dwellings with attached garages, single- family dwellings with detached garages, single-familv dwellings with alley loaded garages, single- familv dwellings with alley loaded garages facing a mew, townhouses, and multi -family dwellings, shall be required on any subdivision submittal or planned unit development application. Section 13. That Meridian City Code Sectionll-3A-6, Unified Development Code, be amended as follows: DITCHES, LATERALS, CANALS OR DRAINAGE COURSES: NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE -H 2016-0118 PAGE 5 OF 14 A. The purpose of this section is to limit the tiling and piping of natural waterways, ditches, canals, laterals and drains where public safety is not a concern as well as improve, protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough and Jackson and Evan Drains) as an amenity in all residential, commercial and industrial designs. When piping and fencing is proposed, the following standards shall apply. AB. Piping: 1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or otherwise covered. See also subsection 61 of this section. 2. Irrigation ditches, laterals, canals, and drains may be left open when used as a water amenity or linear open space. See also subsection 62 of this section. 3. Except as allowed above, all other irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual drainage facility is located on an adjoining property. a. The city council may waive the requirement for covering such ditch, lateral, canal, or drain, if it finds that the public purpose requiring such will not be served and public safety can be preserved. b. The city council may also waive this requirement for large capacity facilities. B_C. Fencing: 1. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the city council, director and/or public works director. 2. Ditches, laterals, canals, and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the director that said ditch, lateral, canal, or drain serves as or will be improved as a part of the development, to be a water amenity. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the state of Idaho shall be submitted to both the director and the authorized representative of the water facility for approval. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 3. Except as allowed above, all other open irrigation ditches, laterals, canals, and drains shall be fenced with an open vision fence at least six feet (6') in height and having an 11 -gauge, two inch (2") mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal or drain, which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or both sides of said ditch, lateral, canal, or drain. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 06-1241, 7-5-2006, eff. 7-15-2006) ED. Easements: In residential districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of twenty feet (20') wide and outside of a fenced area, unless modified by city council at a public hearing with notice to surrounding property owners. -DE. Impeding Movement Of Water Prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE -H 2016-0118 PAGE 6 OF 14 €F. Natural Drainage Courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a relatively small area where runoff is infrequent. Section 14. That Meridian City Code Sectionll-3A-7A.7b(4), Unified Development Code, be amended as follows: 7. Regulations for fences abutting pathways and common open space lots are set forth below. These regulations are intended to assist in the implementation of CPTED (crime prevention through environmental design) strategies to reduce the incidence of crime and improve the quality of life. See figure 1 of this section. a. The developer is responsible for constructing fences abutting pathways and common open space lots to distinguish common from private areas. b. Fences abutting all pathways, and common open space lots not entirely visible from a public street shall be: (1) An open vision or semiprivate fence up to six feet (6') in height, as it provides visibility from adjacent homes or buildings; (2) A closed vision fence up to six feet (6') in height may be allowed if the lot connects directly to a public school or a park;does not ^x is no more than two (2194+e lots deep or a maximum of 250 feet, and is fully visible from a public street; or (3) If closed vision fencing is used, it shall not exceed four feet (4') in height. An additional two feet (2') in height of open vision fencing may be provided to the top section of the fence. (4) Double fencing shall be prohibited. c. Other fences located within the rear or side yard shall be set back a minimum of eight feet (8') from the property line. Within the rear yard other fences shall not exceed fifty percent (50%) of the property width. d. These restrictions are intended to apply to fencing along interior common open space lots and pathways that are not entirely visible from a public street. Section 15. That Meridian City Code Sectionll-3A-8H, Unified Development Code, be deleted as follows: NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE -H 2016-0118 PAGE 7 OF 14 ,,. NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE -H 2016-0118 PAGE 7 OF 14 Section 16. That Meridian City Code Sectionl 1-3A-1 9A.2 and 3, Unified Development Code, be amended as follows: SITE AND STRUCTURE DESIGN STANDARDS: A. Purpose: 1. Encourage site design that provides an interconnected network of walkways, pathways, streets, and/or drive aisles that combined promote pedestrian and vehicular mobility within the development and connect to adjacent developments. 2. To facilitate the efficient movement of traffic into, out of, and through a site, protect pedestrian and bicycle users, establish an aesthetically consistent street presence and limit the visual impacts of large parking areas on a site. AB. Minimum Standards: The following minimum standards shall apply in addition to the detailed guidelines as set forth in the "City of Meridian Architectural Standards Manual": 1. Architectural Character: Buildings shall be designed in accord with the "City Of Meridian Architectural Standards Manual". 2. Site Design: a. Extend or imarove streets. drive -aisles, cross access easements or similar vehicu and pedestrian connections provided from adjacent properties. b. For lots with frontage on a public street, a minimum of 40 percent of the buildable frontage of the property shall be occupied by building facades and/or public space. Within mixed use areas, and for large multi -building developments, buildings may be Dlaced awav from roadways if a minimum of 30 percent of the buildable frontage is occupied by building facades and/or public space. -23. Parking Lots: a. For properties greater than two (2) acres in size, no more than fifty percent (50%) of the total off street parking area for the site shall be located between building facades and abutting streets. b. For properties two (2) acres or less in size, a maximum of a single drive aisle with parking on one or both sides shall be allowed between the building facades and abutting streets. All other off street parking areas shall not be located between the building facades and abutting streets. c. The design and lavout of internal site DarkinR shall avoid loniz strair?ht unbroken parking aisles; provide crossing drive aisles for internal circulation at approximately 150 -foot intervals, or provide parking that is perpendicular to the building. d. Where on -street parking is provided or where vehicle circulation is directed in front of building entries, integrate traffic calming strategies and techniques, such as landscape islands, bulb -outs, and/or detailed crosswalks, to increase safety and enhance the development character. e. In the Traditional Neighborhood districts parking shall be primarily located behind or to the side of buildings and public spaces, away from block corners and roadways. f. When parking and drive-throughs cannot comply with the standards above, they shall be screened by berms, landscaping, walls, architectural elements, or a combination of these elements to Droduce an aDDrooriate buffer adiacent to public spaces and roadways. NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2016-0118 PAGE 8 OF 14 34. Pedestrian Walkways: a. A continuous internal pedestrian walkway that is a minimum of five feet (5') in width shall be provided from the perimeter sidewalk to the main building entrance(s) for nonresidential uses. The walkway width shall be maintained clear of any obstructions, such as vehicles, outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Unobstructed walkways at least five feet (5') in width shall be provided for any aisle length that is greater than one hundred fifty (150) parking spaces or two hundred feet (200') away from the primary building entrance(s). d. The walkways shall have weather protection (including, but not limited to, an awning or arcade) within twenty feet (20') of all customer entrances.. C. Alternative Compliance: If: 1) the location of existing buildings or structures prevents conformance with the standards of this section, or 2) strict adherence to such standards would create inconsistency in the design objectives of the proposed development, the director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-56-5 of this title. The director may approve, or recommend approval of, such an alternative compliance proposal when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this section and is not detrimental to public health, safety, and welfare. (Ord. 16-1672, 2-16- 2016) Section 17. That Meridian City Code Sectionll-313-1B, Unified Development Code, be amended as follows: B. The City of Meridian recognizes that landscaping can be a significant expense to business people and residents. At the same time, landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air, water and noise pollution. Section 18. That Meridian City Code Sectionll-3B-5H, Unified Development Code, be amended as follows: H. Mulching: Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or soil aid, or they may include rock products, such as "permabark" or similar products. Use of mulch, organic or rock, as the only ground cover in required planting areas is prohibited. Pea gravel, drain rock, road base gravel, and similar products shall not be used as mulch. All mulch shall be contained by a curb or other edging material to contain the mulch and prevent it from migrating to adjacent surfaces. If rock mulch is used, a weed barrier fabric shall be used beneath the rock. Impermeable plastic weed barriers are prohibited because they restrict water and oxygen to the plants. Within stormwater facilities, mulch may not float. NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2016-0118 PAGE 9 OF 14 Section 19. That Meridian City Code Sectionll-3B-6D, Unified Development Code, be amended as follows: D. Nonpotable Water: Use of nonpotable irrigation and/or reuse water is required when determined to be available by the city public works department as set forth in section 9- 1-28, "Pressurized Irrigation System", of this code...; reuse water may not be used for stormwater facilities. Water availability during the fall and spring seasons is also required by connecting to city potable water, city reuse water, and/or an on-site well as a secondary source. An exception may be approved for water conserving designs as set forth in subsection 11-36-50 of this article. In such cases, the requirement for a secondary source may be waived by the director. If city potable water is used, a separate water meter is required. Section 20. That Meridian City Code Sectionll-313-7C.8, Unified Development Code, be amended as follows: 8. Stormwater Detention: Stormwater swales and other green stormwater facilities may be incorporated into the buffer in accord with section 11-313-11 of this article. Other stormwater detention and retention facilities shall not be permitted in the street buffer, except along 1-84. Section 21. That Meridian City Code Sectionll-3B-11, Unified Development Code, be amended as follows: A. Purpose: The regulations of this section are intended to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well designed stormwater filtration swales and other green stormwater facilities into required landscape areas, where topography and hydrologic features allow. B. Applicability: The standards for stormwater integration shall apply to all subdivisions, site improvements and ACHD stormwater facilities. ACHD stormwater policy shall supersede City requirements for stormwater facilities, except that facilities counting towards open space requirements must also meet or exceed City requirements. C. Standards: 1. Stormwater swales incorporated into required landscape areas shall be vegetated with grass or other appropriate plant materials. Such swales shall also be designed to accommodate the required number of trees as per section 11-313-7 of this article if located in a street buffer or other required landscape area. 2. A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five feet (Y) in any horizontal dimension. rr-++...- but �, �...- �- /rrrn-+cam in+nrrnr�+l.r�- w� alsoIralsohn �rr��r�++�rl++1�.. ir�l.�+ r+ruetu Fes may et n edd +.ein feet 17 1 i r 11GFiZe Rtal dimens*en 3. Gravel, rock, sand, or cobble stormwater facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature. NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE — H 2016-0118 PAGE 10 OF 14 4. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels. 5. Organic mulch shall not be used against drainage catch basins because of potential sediment clogging. 6. Slopes shall be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance. 7. The stormwater facility shall be designed free draining with no standing water within twenty forty eight (-2:4 48) hours of the completion of a storm event. Section 22. That Meridian City Code Sectionl 1-3D-8G.4b, Unified Development Code, be amended as follows: b. The maximum height of any freestanding sign shall not exceed eight feet (8').; except ;yhere a fireestandiRg sign is within fifteep feet- of a pedestFian walkway, sidewalk, and Gr pathway eF publie spaee, the height of the sign shall be limited te Six feet (6') tG maiRtain an appFepFiate hum -an Seale-. Section 23. That Meridian City Code Sectionll-3G3D.3, Unified Development Code, be amended as follows: 3. Common open space and site amenities s#e"4d shall be located in areas of high visibility (i.e., along streets, where doors and windows overlook public areas, etc.) to avoid hidden areas and corners, dark areas, unusable space and reduce the opportunity for crime. Section 24. That Meridian City Code Sectionll-5B-113, Unified Development Code, be amended as follows: B. Applicability: These provisions apply to all requests for permits that involve new building construction, building additions, exterior site alterations and/or the establishment of a new use. These provisions do not apply to interior building improvements where the footprint of the existing structure is not enlarged or to exterior building alterations, including, but not limited to: the addition, removal, or modification of architectural elements, such as doors, windows, awnings, and arcades; building remodels where all or a portion of a structure is modified, including entrances, facades, and rooflines; a change in exterior materials and/or color scheme; or any other alteration that modifies the exterior appearance of the building. These provisions do not apply to single-family detached, single-family attached and townhome dwellings and/or secondary dwellings. Section 25. That Meridian City Code Sectionll-5B-3C.3, Unified Development Code, be amended as follows: 3. if the aAnnexation and/or rezone zening requests +s are not accompanied by a plat; conditional use permit; or planned unit development, the applicant shall provide a conceptual development plan that depicts streets, site access paints, internal circulation NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2016-0118 PAGE 11 OF 14 patterns, connectivity to adjacent properties, Common driveway parking, and general location of buildings, pedestrian walkways and public or private open space, URless waived by the city ee�meih 11-213-3 I; Section 26. That Meridian City Code Sectionll-5B-5, Unified Development Code, be amended as follows: Permit Section Common driveway 11-6C-3 Common open space and site amenity requirements 11-3G Fence requirements 11-3A-7 Height maximum in commercial districts 11-213-3 I; Height maximum in industrial districts 11-2C-3 Height maximum in TN -C district11-2D-5 Landscape buffer for wireless communication facilities 11-4-3-43E Landscape requirements F11-313 Landscaping for base of freestanding sign 11-3D-8 rLighting standards for pathway along State Highway 5511 -3H -4C3 t Outdoor lighting requirements 11-3A-11 Parking and loading plan requirements 11-3C-5 T-- --. -_- . -- - --- - -- -- --- - --- - -- - -- -(11- Parking requirements - 1- --- 3C-6 rPrivate street standards e 11-3F-4 I Projecting sign allowance 11 -3D -8E and F Sign location in the O -T district 11-3D-5 Structure and site design review standards 11-3A-19 Section 27. That Meridian City Code Sectionll-5B-8B.3, Unified Development Code, be amended as follows: 3. Unless otherwise waived by the Director, aAdministrative design review shall be required for all exterior building alterations, including, but not limited to: the addition, removal, or modification of architectural elements, such as doors, windows, awnings, and arcades; building remodels where all or a portion of a structure is modified, NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE –H 2016-0118 PAGE 12 OF 14 including entrances, facades, rooflines, and building expansions; a change in exterior materials and/or color scheme; or any other alteration that modifies the exterior appearance of the building, approved conditions, and/or the requirements in this title and/or the "City Of Meridian Architectural Standards Manual". Section 28. That Meridian City Code Sectionll-6A-1G.1, Unified Development Code, be amended as follows: G. To specify the requirements as to the extent and the manner in which: 1. Roads, aPA-streets, and/or driveways shall be created and improved, including vehicular network and block configurations; 2. Water and sewer and other utility mains, piping connections, or other facilities shall be installed; 3. Pedestrian pathways consistent with the comprehensive plan are to be located and designed; and 4. Opportunities for future transit routes and stations are created; Section 29. That Meridian City Code Sectionll-6B-5A.1, Unified Development Code, be amended as follows: A. Applicability: 1. A subdivision application for pFepeFty .^.,thin earnmeFGial, TN r or 0 T d+striet may be processed as a short plat if all of the following exist: a. The property is an original parcel of record or a lot in a recorded subdivision; b. The property is not the result of a previous short plat of a parcel and/or the property is not the result of an approved parcel division by Ada County development services; c. The proposed subdivision does not exceed four (4) lots (excluding landscaping lots) on previously platted property or does not exceed two (2) lots (excluding landscaping lots) on a parcel of land; d. No new street dedication, excluding widening of an existing street, is involved; and e. There are no impacts on the health, safety or general welfare of the city, and the subdivision is in the best interest of the city. Section 30. That Meridian City Code Sectionll-6C-3F.4, Unified Development Code, be amended as follows: 4. Maximum Block Face: In no case shall a block face exceed one thousand two hundred feet (1,200')1 unless waived by the City Council. Where appropriate and as set forth in section F3 above, traffic calming may be required for blocks in excess of 1,000 feet. Section 31. That Meridian City Code Sectionll-6C-3D.5, Unified Development Code, be amended as follows: D. Common Driveways: NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TExT AMENDMENT ORDINANCE - H 2016-0118 PAGE 13 OF 14 1. Maximum Dwelling Units Served: Common driveways shall serve a maximum of six (6) dwelling units. 2. Width Standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum Length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian city fire department. 4. Improvement Standards: Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment. 5. Abutting Properties: All properties that abut a common driveway Unler-'united by signifiGant geegraphiGal featuFe, oF separated by a minimurn five feet (5') l.,nd.-,.-,ped ee m me n I„+ all .~,,.,Ries +h -a+ a-h--+eee.rn. i. „ ,dr,,,,,way shall take access from the driveways however, if an abutting property has the required minimum street frontage, that property is not required to take access from the common driveway. In this situation, the abutting property's driveway shall be on the opposite side of the shared property line; away from the common driveway. Solid fencing adjacent to common driveways shall be prohibited, unless separated by a minimum five foot (5') wide landscaaed buffer. 6. Turning Radius: Common driveways shall be straight or provide a twenty eight foot (28') inside and forty eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, fencing, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat application. Section 32. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 33. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of January, 2017. APPROVED by the Mayor of the City of Meridian, Idaho, this 7 day of January, 2017. �P°RATtu aL APPROVED: \�°° cG ATTEST: I OI W Tammy e Veerd, Mayor mz S'° C. ay Col , City Cleric TREASUR��P�� NOVEMBER 2016 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE —H 2016-0118 PAGE 14 OF 14 Meridian City Council Meeting DATE: January 3, 2017 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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: January 3, 2017 ITEM NUMBER: 12 PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 74-206 Executive Session per Idaho State Code 74-206(1) (d) and 74-206(1) (f). (d): To consider records that are exempt from disclosure as provided in chapter 1, title74, Idaho Code; (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. MEETING NOTES "AD e T0PM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS